TREE SEEDLING PLANTING - 2016 Forest Management District 14 Mitchells Pond – O’Regans 30U14WCP1164 55 Hectares
UNIT PRICE CONTRACT
Table of Contents
1. Instruction to Bidders
2. Form of Tender
3. General Conditions
4. Supplementary Specifications
5. Form of Agreement
6. Contractor Performance Evaluation System
7. Drawings
7. 1 Location of Work in Newfoundland and Labrador 7. 2 Topographic Map(s) of Work Area 7. 3 Forest Inventory Map(s) and/or Aerial Photography of Work Area
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SECTION 1
INSTRUCTION TO BIDDERS
Table of Contents
1. Tenders
2. Tender Documents
3. Charge for Tender Documents
4. Completion of the “Form of Tender”
5. Bid Security
6. Acceptance of Tender
7. Rejection of Tender
8. Amendment of Tender
9. Competency of Bidder
10. Insurance
11. Harmonized Sales Tax (H.S.T.)
12. Contractor Performance Evaluation System
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INSTRUCTION TO BIDDERS
1. TENDERS
Tenders are requested to complete a silviculture project for the Forestry and Agrifoods Agency.
Tenders for the above work must be completed on the accompanying “FORM OF TENDER” and submitted in sealed envelopes, addressed to:
Regional Ecosystem Director Forestry Services Forestry and Agrifoods Agency P.O. Box 2006, Massey Drive Corner Brook, NL A2H 6J8
Envelopes shall have the words “TENDER FOR SILVICULTURE PROJECT NO: 30U14WCP1164 marked plainly on the outside. The name and address of the bidder, and the closing time, must be shown on the envelope.
The closing time for the receipt of tenders is 12:00 Noon on April 28, 2016. Tenders received after that time will not be considered.
The “Form of Agreement” is included in the Contract Documents at the time of tendering for the information of bidders. It shall not be completed at the time of tendering.
2. CONTRACT DOCUMENTS
The following items comprise a complete set of contract documents: a) Instruction to Bidders b) Form of Tender
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c) Addenda (if issued) d) General Conditions e) Supplementary Specifications f) Drawings and Maps g) Form of Agreement
Before submitting tenders, bidders should ensure that all contract documents are in their possession, that they are familiar with the details of the contract documents and that they have visited the work site(s), where feasible to do so, and are fully informed on all matters pertaining thereto. Upon receipt of a tender, it will be assumed by the Owner that these matters have been attended to by the bidder. All conditions outlined in the contract documents shall be binding on the successful bidder upon the signing of the contract.
Every interpretation of, or addition to, the contract documents that is to be considered a valid part of the contract documents will be issued in the form of a written addendum.
3. CHARGE FOR CONTRACT DOCUMENTS
A non-refundable charge of $15.00 (includes H.S.T.) is required for each set of contract documents. This charge does not apply to contract documents downloaded from the government website (i.e., www.gpa.gov.nl.ca).
4. COMPLETION OF THE “FORM OF TENDER”
Type, or legibly print in ballpoint pen, all information required, including numbers of any Addenda received during the tender period, and a listing of subcontractors, if applicable, in the appropriate spaces.
Sign and have witnessed under “Bidder’s Signature” as follows: a) If a Sole Proprietor, indicate “Sole Proprietorship” next to the signature. b) If a Partnership, all partners must sign. Indicate “Partner” next to each signature.
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c) If a Limited Company, indicate next to signatures the corporate title of the signing officers. Affix the Corporate Seal.
5. BID SECURITY
Every bidder shall submit with his tender an approved bid bond, bank draft, money order, cash or a certified cheque made payable to the Newfoundland Exchequer for ten percent (10%) of the total tendered amount. The terms of the bid security will be invoked and the amount retained by the Owner if: (a) the bidder fails to enter into an agreement when notified of the award within the tender validity period; or if (b) the bidder fails to provide the Performance Bond and Labour and Materials Bond in the amounts required and within the period specified.
Bid securities of unsuccessful bidders will be returned to them, without interest, either after the tender opening or when the contract is awarded, at the sole discretion of the Owner.
6. ACCEPTANCE OF TENDER
The lowest or any tender need not necessarily be accepted.
All tenders received shall be valid for acceptance for a period of up to sixty (60) days after the date of closing of tenders.
Upon written notice of an award of contract from the Owner, the successful Bidder becomes the Contractor, and within ten (10) days of the written notice of award, is required to enter into the "Form of Agreement" with the Owner. During this ten (10) day period the Contractor is required to:
a) provide a performance bond in the amount of 50% of the contract price; b) provide a labour and materials bond in the amount of 50% of the contract price;
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c) provide a letter in good standing from the Workplace, Health, Safety and Compensation Commission (non-incorporated companies, such as partnerships, sole proprietorships and independent operators, must provide coverage for all employees and personal coverage for the principals). d) provide a completed certificate of insurance to the minimums as specified in Clause 25 under the General Conditions of the contract, and; e) sign the Form of Agreement.
No work is to be undertaken until the performance bond and the labour and materials bond are received.
In lieu of a performance bond the Owner may, at his sole discretion, accept a certified cheque for 10% of the total tendered amount made payable to the Newfoundland Exchequer. In lieu of a labour and materials bond the Owner may, at his sole discretion, accept a certified cheque for 10% of the total tendered amount made payable to the Newfoundland Exchequer.
The Contractor is required to commence work on this contract as per the time frames indicated by the Owner in the Supplementary Specifications.
7. REJECTION OF TENDER
The following will be considered as disqualified tenders and will not be considered:
a) Tenders not submitted on the “Form of Tender”. b) Tenders submitted by facsimile or photocopies (unless submitted in a sealed envelope, with the original to follow within seventy-two (72) hours). c) Tenders submitted after the tender closing time. d) Incomplete tenders. e) Tenders not accompanied by the required security. f) Tenders containing qualifications or conditions added by the bidder. g) Tenders completed with lead pencil.
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h) “Unbalanced” tenders.
8. AMENDMENT TO TENDERS
Properly documented amendments to the tender will be permitted up to the tender closing time (utilize the "Tender Amendment Form" included). Amendments documented by telegram or facsimile will be acceptable. However, the originals must follow by mail or courier within seventy-two (72) hours. A period of forty-eight (48) hours after the tender closing time may be allowed to modify the tender security.
It is the responsibility of the Contractor to ensure that all faxed and telegrammed amendments are received at the tender opening location prior to the tender closing time. The Owner assumes no responsibility or liability for amendments not received.
Amendments to the tender should state the Unit Price(s) affected and the decrease/increase to that particular Unit Price item. Changing only the “Total Tender Amount” is not sufficient and the amendment will be rejected. No mention of the “Total Tender Amount” should be stated on the amendment. The amendment is to be signed by an officer of the company and attached to the tender.
9. COMPETENCY OF BIDDER
Bidders must be capable of performing the various items of work bid upon and complete the statement indicating their experience on the form provided (see “Previous Work Experience”).
10. INSURANCE
The Contractor shall, before signing the "Form of Agreement", provide certificates confirming the insurance policy coverage as stipulated in Clause 25 of the "General Conditions".
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11. HARMONIZED SALES TAX
Bidders are advised that the Provincial Government is not exempt from the Harmonized Sales Tax (H.S.T.). However, all Unit Prices bid by the Contractor MUST NOT include the H.S.T. The applicable H.S.T. should only be applied at the invoicing stage.
12. CONTRACTOR PERFORMANCE EVALUATION SYSTEM
Contractors are advised that the Contractor Performance Evaluation System introduced in 2013 will be used again this year. Upon completion of each contract, the Contractor’s performance will be evaluated according to prescribed criteria.
In accordance with Subsection 3(4) of the Public Tender Regulations (Reg.103/98), Contractors may be required to maintain a certain performance rating to bid. Contractors whose performance on previous contracts falls below the required minimum performance level may have their bids disqualified.
Complete details of the Contractor Performance Evaluation System are available in Section 6 of this document.
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TENDER AMENDMENT FORM Forestry and Agrifoods Agency
Project Name: ______Project Number: ______Closing Date: ______Closing Time: ______
We, ______(company name) the undersigned, modify the Unit Price Schedule for our tender as shown in the following table: UNIT PRICE SCHEDULE CHANGES Item Description Unit Estimated New Unit Price New Extended No. Quantity Price Dollars Cents Dollars Cents
Note: H.S.T. must not be included in the above Table. We also acknowledge and agree that: 1. this change supercedes all previous changes; 2. we accept full responsibility for any lack of confidentiality arising from the use of this process; and 3. failure of these revisions to arrive on time, accurately, or completely, for any reason, will render these revisions null and void.
______being ______(Signature) (Position in Company) of ______dated ______(Company Name)
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SECTION 2
FORM OF TENDER PROJECT NUMBER 30U14WCP1164
Bidder’s Name: ______TO: MINISTER responsible for the Forestry and Agrifoods Agency (i.e., the “Owner”)
1. Having carefully examined the site of the proposed work and all conditions affecting such, as well as the Contract Documents including the Supplementary Specifications, all drawings listed in the Specifications, all Addenda and the Instruction to Bidders for this project,
WE, THE UNDERSIGNED, hereby offer to furnish all necessary labour, materials, superintendence, tools and equipment and everything else required to perform expeditiously and complete in a satisfactory manner the work for unit prices totalling the sum of ______($ ______) in lawful money of Canada.
2. The Work shall be substantially performed within 18 weeks from the projected start date as indicated in the Supplementary Specifications, and totally performed within a month of the date of substantial performance or such other date as may be agreed by the parties.
3. We enclose herewith as required by the Instruction to Bidders:
a) a Bid Bond in an acceptable form and in the correct amount issued by a company licensed to carry on such a business in the Province of Newfoundland and Labrador, or; b) a certified cheque, bank draft or money order in the correct amount made payable to the Newfoundland Exchequer, or; c) cash in the correct amount.
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In the event of this tender being accepted within the time stated in paragraph 4 below and our failure to enter into a contract in the form hereinafter mentioned for the unit prices in our tender or failure or neglect to provide the required surety, the said security will be forfeited to the Owner. The forfeiting of the security does not limit the right of action of the Owner against us for our failure or refusal to enter into a contract.
4. If notified in writing by the Owner of the acceptance of this tender within 60 days of the tender closing date, subject to such other period as may be specified in the tendering documents, we will: a) execute the Form of Agreement; b) furnish the security for the proper completion of the work, the said security, if in the form of bonds, to be issued in an acceptable form; and c) substantially complete all the work contracted in the Form of Agreement within the time period and under the conditions specified in the "Instruction to Bidders"; and in compliance with the terms and conditions of the Form of Agreement
5. We understand that a Performance Bond, Labour and Materials Bond and Insurance as required by the Contract Documents must be provided and in force prior to the commencement of any work and shall be continued until the completion of the work. Satisfactory proof of such shall be provided to the Owner.
6. We declare that the rates and prices variously set forth in the Unit Price Schedule have been correctly computed for the purposes of this Tender and that they include and cover all contingencies and provisional sums and all duties, taxes and handling charges and all transportation and all other charges.
7. We confirm that the sums herein tendered include all sales taxes, royalties, custom duties, foreign exchange charges, transportation, travelling costs, all overhead and profit, all co- ordination fees, insurance premiums, and all other charges.
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8. We confirm that the rates and prices variously set forth in the Unit Price Schedule do not include the Harmonized Sales Tax (H.S.T.). The applicable H.S.T. will be applied at the invoicing stage.
9. We understand and agree that the Owner may order changes to the work in the form of additions or deletions in accordance with the General Conditions, Supplementary Specifications and the intent of the Contract Documents.
10. We hereby acknowledge receipt of the following addenda: Addendum No.: ______Addendum No.: ______
11. In order for a Tender to be valid, it must be signed by duly authorized officials as indicated in the Instruction to Bidders.
Company Name: ______Mailing Address: ______Telephone No.: ______(Office) (Home) (Cellular) Facsimile No.: ______eMail Address: ______
CORPORATE SEAL BIDDER’S SIGNATURE(S) (if applicable) ______(Signing Officer) ______(Signing Officer) ______(Witness)
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UNIT PRICE SCHEDULE Item Description Unit Estimated Unit Price Extended Price No. Quantity Dollars Cents Dollars Cents
1. Tree Seedling Planting Hectare 55
Note: H.S.T. must not be included in the above Table.
Total Tendered Amount: $______
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12. PREVIOUS EXPERIENCE The Bidder shall provide examples of previous work experience relevant to the proposed work. ______
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SECTION 3
GENERAL CONDITIONS (Small Projects)
Table of Contents
1. Definitions 2. Scope of Work 3. Documents 4. Sufficiency of Tender 5. Copies Furnished 6. Detailed Drawings and Instructions 7. Work Schedule 8. Ownership of Contract Documents and Specifications 9. Copy of Contract Documents to be Kept on Site 10. Engineer’s Decisions 11. Subcontractors 12. Estimated Quantities 13. Superintendent 14. Materials, Appliances, Employees 15. Inspection of Work 16. Rejected Work 17. Deductions for Uncorrected Work 18. Changes in the Work 19. Stop Work Order 20. Emergencies 21. Permits, Notices, Laws and Rules 22. Patent Fees 23. Workers' Compensation 24. Protection of Work and Property 25. Contractor's Liability Insurance 26. Fire Precaution 27. Protection Against Negligence and Damage
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28. Authorization for Stream Crossing 29. Environmental Specifications 30. Mobilization and Demobilization 31. Contractor's Camp 32. Cleaning Up 33. Delays 34. Owner's Right to Do Work 35. Owner's Right to Terminate Contract 36. Certificates and Payments 37. Substantial Performance 38. Total Performance 39. Owner's Claims 40. Assignment 41. Liens 42. Labour Standards 43. Governmental Requirements 44. Gender Hiring Information 45. Occupational Health and Safety Requirements 46. Environmental Management System
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GENERAL CONDITIONS
1. Definitions a) "Contract Documents" means and includes the following documents: Instruction to Bidders Form of Tender Addenda (if issued) General Conditions Construction Specifications (General and Detailed) Drawings and Maps Form of Agreement
b) "Contractor" means the person or persons, firm or company named as such in the Form of Agreement.
c) "Drawings" means the drawings, plans, maps or diagrams forming part of the Contract Documents.
d) “Engineer" means the Director of Forest Ecosystem Management Division or the Regional Resource Director of Forestry Services, Forestry and Agrifoods Agency or his duly appointed representative.
e) “Equipment" means all fixed or mobile machines, tools or other things required in the execution and completion of the works.
f) “Inspector" means a Conservation Officer of the Forestry and Agrifoods Agency named by the Minister responsible.
g) “Forestry Technician" means a graduate from a recognized university or technical school (e.g., the Maritime Forest Ranger School or the College of the North Atlantic).
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h) “Owner" means the Minister responsible for the Forestry and Agrifoods Agency or his/her duly appointed representative.
i) “Specifications" means the directions and written instructions contained in the Contract pertaining to the method and manner of performing the work, or to the quantities and qualities of the materials to be furnished under the Contract.
j) “Substantial completion” means 90% of the area contracted to be silviculturally treated, has been treated.
k) “Works" includes the whole of the works, materials, matters and things required to be done, furnished and performed by the Contractor under the Contract.
2. Scope of Work
The Contract comprises the completion of the work as specified herein; the removal from the site of all temporary buildings and structures and clean-up of the site of the work to the satisfaction of the Engineer; and the provision of all labour, materials (except those materials to be supplied by the Owner as indicated in the Supplementary Specifications), equipment, temporary works and everything whether of temporary or permanent nature required for the satisfactory completion of the work.
3. Documents
The Contract Documents shall be signed in triplicate by the Owner and the Contractor.
The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intention of the documents is to include all labour, equipment and materials reasonably necessary for proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading or section in the Supplementary Specifications shall be supplied unless distinctly so noted in the plans.
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References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires.
Should the Supplementary Specifications conflict with the drawings, the specifications shall govern. In the case of discrepancies between drawings, those of larger scale or, if the scales are the same, those of later date, shall govern. All drawings and specifications shall be interpreted in conformity with the "Form of Agreement" and the "General Conditions", which shall govern.
4. Sufficiency of Tender
The Bidder shall be deemed to have inspected and examined the site and its' surroundings, and satisfied himself before submitting his tender, as to the nature of the ground and subsoil, the form and nature of the site, the quantities and nature of the work, the materials and machinery necessary for the completion of the work, the means of access to the site, the accommodation which he may require and in general to have obtained all necessary information as to the proposed work, and as to any risks, contingencies and other circumstances affecting his Tender. Information on site conditions, provided by the Owner, is for general guidance only and the Owner accepts no responsibility for the accuracy of the same or for any reliance placed thereon by the Bidder.
The Bidder shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his Tender, and of the prices he has tendered, which prices shall be deemed to cover and include all his obligations under the Contract.
5. Copies Furnished
In addition to the signed Contract Documents, the Engineer shall furnish to the Contractor, free of charge, as many copies of all drawings and specifications as are reasonably necessary for the proper execution of the work.
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6. Detailed Drawings and Instructions
If necessary for the proper execution of the work, the Engineer shall furnish to the Contractor additional instructions by means of drawings or otherwise. All such drawings and instructions shall be consistent with the Contract Documents.
The work shall be executed in conformity therewith, and the Contractor shall do no work without such drawings and/or instructions. In giving such additional instructions, the Engineer shall have authority to make minor changes in the work, not inconsistent with the Contract which affect neither the Contract Price nor the Contract Time.
7. Work Schedule
The Contractor shall, after the acceptance of his Tender, submit to the Engineer for his approval, a schedule showing proposed starting and completion dates for the items of work included in the Contract based on the time limits set within the Contract.
8. Ownership of Contract Documents and Specifications
All specifications and copies thereof, and all other Contract Documents are the property of the Owner. They are not to be used on other work and, with the exception of the set of drawings and specifications in the signed Contract, are to be returned to the Owner, on request, at the completion of the work.
9. Copy of Contract Documents to be Kept on Site
The Contractor shall keep one copy of all Contract Documents on the site of the work, in good order, available to the Engineer or the Inspector.
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10. Engineer’s Decisions
The Engineer shall decide on questions arising under the Contract Documents, whether as to the performance of the work, approval of materials and equipment, or interpretation of the drawings and specifications. Should the Contractor hold such decisions to be at variance with the Contract Documents, or to involve changes in work already built, fixed, ordered, or in hand, in excess of the Contract, or to be given in error, he shall notify the Engineer in writing before proceeding to carry them out. Unless the Contractor fulfills this requirement, subsequent claims by him for extra compensation arising out of the decision will not be accepted. In the event of the Engineer and the Contractor failing to agree as to such excess or error, and the Engineer deciding to carry out such disputed work, the Contractor shall act according to the Engineer's written decision.
The Engineer shall have general supervision and direction of the work, but the Contractor shall have complete control, subject to these "General Conditions", of his organization. In case of the termination of the employment of the Engineer, the Owner shall appoint an Engineer whose status under the contract shall be that of the former Engineer.
Representatives of the Owner, other than the Engineer, shall not have power to waive the obligations of the Contractor under the Contract and no failure or omission of any such representative to condemn any defective work or material shall release the Contractor from his obligations under the Contract.
11. Subcontractors
The Bidder agrees that the list of names and Subcontractors supplied prior to the signing of the Contract is the list of Subcontractors proposed to be used to carry out those parts of the work thereon. No changes to the list of subcontractors will be permitted without approval of the Owner.
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The Contractor shall be held as fully responsible to the Owner for the acts and omissions of his Subcontractors and of persons directly employed by them, as for the acts and omissions of persons directly employed by him.
12. Estimated Quantities
The Engineer's estimate of quantities, as shown in the Unit Price Schedule of the "Form of Tender", are approximate only and shall be used for the comparison of bids upon which the award of the Contract will be made. For the avoidance of doubt, this is a unit price contract and not a lump sum contract. The basis of payment under this Contract will be the actual amount of work done. The Contractor shall make no claims for loss, damages, anticipated profits or otherwise on account of any difference which may be found between the quantities of work actually done and the estimated quantity contained in the tender.
In the case of a mathematical error, the Unit Price bid shall be the governing factor in determining the correct amount.
13. Superintendent
At all times during the progress of the work, the Contractor shall keep at the work site supervisory staff satisfactory to the Engineer. These staff shall represent the Contractor in his absence and directions given to him shall be held to be given to the Contractor. Major directions shall be confirmed in writing to the Contractor.
The Contractor shall give efficient supervision to the work, giving his best skill and attention.
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14. Materials, Appliances, Employees
Unless otherwise specified, the Contractor shall provide and pay for all materials, labour, water, tools, equipment, light and power necessary for the satisfactory execution of the work.
Unless otherwise specified, all materials shall be new. Both materials and workmanship shall be of the quality specified.
The Contractor shall not employ on the work any unfit person, or anyone unskilled in the work assigned to him.
15. Inspection of Work
The Owner, the Engineer, the Inspector and their representatives, shall at all times have access to the work. The Contractor shall give the Engineer timely notice of readiness of any work to be specially tested or approved.
16. Rejected Work
The Contractor shall promptly re-do or replace with new work, at no cost to the Owner, any defective work on the Contractor's part which has been condemned by the Inspector as failing to conform to the contract work specification or standards.
17. Deductions for Uncorrected Work
If, in the opinion of the Engineer, it is not expedient to correct defective work, or work not done in accordance with the Contract Documents, the Owner may deduct from the Contract Price the difference in value between the work as done and that called for by the Contract, the amount of which shall be determined by the Inspector.
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18. Changes in the Work
The Owner, the Engineer or the Inspector, without invalidating the Contract, may make changes by altering, adding to or deducting from the work, the Contract Price and the Contract Time being adjusted accordingly. The value of any change shall be determined by the unit price provided herein or, if no unit price is provided, by prices agreed upon by the parties.
Except as provided in Clause 20, no change shall be made unless in pursuance of a written order from the Engineer or the Inspector, and no claim for an addition to or a deduction from the Contract shall be valid, unless so ordered.
19. Stop Work Order
If in the opinion of the Owner, the Engineer or the Inspector, work being done by the Contractor under this contract is not compliant with the specifications of the contract or not following Provincial laws, ordinances, rules and regulations, then upon a written warning from the Owner, the Engineer or the Inspector, a stop work order may be issued. The Contractor must stop work immediately upon receiving the stop work order and no further work is to be done on the contract until the deficiencies are corrected or a written notice is given by the Engineer allowing the Contractor to re-commence.
If the Contractor fails to correct or make good on the deficiencies as indicated by the Owner, Engineer or Inspector, then the Owner or his designate will, as per Clause 34, make provisions for this to be corrected, and the Engineer will deduct these costs from the price of the contract.
If in the opinion of the Owner or his designate, the Contractor cannot or does not want to correct the deficiencies noted, as per Clause 35, the contract may be terminated and the work completed by others and the terms of Clause 35 invoked.
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20. Emergencies
The Engineer or the Inspector has authority to stop the progress of the work whenever, in his opinion, such stoppage may be necessary to ensure its' proper execution. In any emergency affecting or threatening the safety of life, or of the structure, or of adjoining property, the Engineer or the Inspector has authority to make such changes and to order such work extra to the Contract or otherwise, as may, in his opinion, be necessary.
21. Permits, Notices, Laws and Rules
The Contractor shall obtain and pay for all necessary permits or licenses required for the execution of the work. The Contractor shall give all necessary notices and pay for all fees required by law, and shall comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of public health and safety.
22. Patent Fees
The Contractor shall pay all royalties and patent license fees required for the performance of the Contract and such royalties or fees shall be deemed to have been included in the Contract Price. He shall save the Owner harmless from loss on account of suits or claims which may arise by reason of the work for infringement of any patent of invention by the Contractor or anyone for whose acts he may be liable.
23. Workers' Compensation
The Contractor shall protect all his workmen against loss or injury which may occur under this Contract, in accordance with the Workers' Compensation Act of the Province of Newfoundland and Labrador, and shall upon request, produce certificates to show that such coverage is carried by him.
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24. Protection of Work and Property
The Contractor shall continuously maintain adequate protection of all his work from damage and shall take all reasonable precautions to protect the Owner's property from all injury arising in connection with this Contract. He shall make good any damage or injury to the property of the Owner resulting from lack of reasonable protective precautions.
The Contractor shall adhere to all applicable requirements of the following standards:
a) The National Building Code, Part 8, Construction Safety Measures (Latest Edition). b) The Workers' Compensation Board Accident Prevention Regulations (Latest Edition). c) Canadian Code for Construction Safety (Latest Edition) as issued by the Associate Committee of the National Building Code.
25. Contractor's Liability Insurance
The Contractor shall indemnify and save harmless the Owner, Engineer, Inspector and their agents and employees against all risks and liabilities of every character, and against all suits, claims and demands whatsoever, brought against them on account of, or by reason of, any injury or damage, or alleged injury or damage, to any person or property, resulting from the operation or operations of the Contractor, Subcontractor or any of their respective agents or employees, in the performance of the work, or from any failure, neglect or omission on the part of the Contractor, Subcontractor, or any of their respective agents or employees, to perform any and all acts required to be done under the Contract, or from any faulty or improper material or equipment used in the prosecution of the work.
For this purpose the Contractor shall secure and maintain general liability insurance acceptable to the Owner. Such insurance shall cover premises and operations liability, Contractor's contingent liability with respect to the operations of Subcontractors,
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complete operations liability and contractual liability. The following minimum limits shall apply:
a) Comprehensive Minimum General Liability: $1,000,000 for contracts less than or equal to $100,000 in value; and $2,000,000 for contracts greater than $100,000. b) Standard Automobile Policy Liability: $1,000,000 for all contracts.
Prior to the commencement of work, the Contractor shall file with the Engineer a copy of each insurance policy. All such insurance shall be maintained until final completion of the work, including the making good of faulty work or materials pursuant to these "General Conditions".
26. Fire Precaution
The Contractor shall, at his own expense, take special precautions to prevent fire occurring in or about the works, and employ his own workmen in extinguishing all such fires which may occur; and shall observe and comply with all laws and regulations with respect to fires and the prevention and extinguishing of fires, and shall pay all wages and other outlay occasioned by reason of the observance and compliance with such regulations and instructions.
27. Protection Against Negligence and Damage
The Contractor shall take all proper precautions by use of adequate barriers, notices, lights, watchmen and flagmen for the prevention of accidents, and he shall indemnify and save harmless the Owner from all suits and actions for damages to which the Owner may be put by reason of injury to persons or property resulting from negligence, carelessness, or any cause whatsoever in the performance, non-performance or past performance of the work.
Under no circumstances shall any trench or excavation be left open or unguarded, or accessible to children who may be playing in the area.
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28. Authorization for Stream Crossing
It is a federal requirement that all persons, companies and/or individuals planning to cross a stream and/or to construct and install a bridge and/or culverts (1,000 mm diameter or greater) across a stream shall obtain written authorization from Fisheries and Oceans Canada before any instream work can take place.
Accordingly, before any instream activity can commence, authorization for each stream crossing must be obtained by the Contractor from the appropriate Fisheries and Oceans Canada Office. Upon notice of award, the contractor will be supplied with the required number of applications, one for each crossing. In order to expedite this matter, the Contractor will be expected to submit the applications(s) within seven (7) days after their receipt.
It is the Contractor’s obligation to complete and submit such applications.
29. Environmental Specifications
In order to eliminate or minimize the detrimental effects of work-related activities on the environment and fishery resource of the Province, contractors are required to comply with the Environmental Protection Guidelines for Ecologically Based Forest Resource Management (1998 Edition, Newfoundland and Labrador Forest Service).
All efforts must be made by the Contractor to prevent the entry of silt, logging debris or any other deleterious materials into any waterbodies located in or adjacent to the work area. In addition, the Contractor is to make every effort to maintain a clean and tidy work site. No garbage, construction debris, oil, diesel or their containers are to be deposited on the site. All costs for environmental adherence are to be borne by the Contractor.
Failure to comply with the Environmental Specifications could result in:
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a) a Stop Work Order being issued, as per Clause 19; b) charges being laid by the Provincial Department of Environment and Conservation, Fisheries and Oceans Canada or other Government agencies; or c) the termination of this contract by the Newfoundland and Labrador Forest Service.
30. Mobilization and Demobilization
The Contractor is responsible for the mobilization and demobilization of his equipment to and from the job site. The Contractor is to move all equipment and travel over existing roads in a manner that minimizes interference with others working in the area.
31. Contractor's Camp
The Contractor may provide, at his discretion, a camp for his employees and facilities for his equipment. Such facilities must be constructed and maintained in accordance with good construction standards and Provincial Regulations.
The Contractor shall, at the completion of the contract, remove all structures and place the camp site in a condition satisfactory to the Owner.
All costs incurred in developing, operating and dismantling the camp must be borne by the Contractor.
32. Cleaning Up
The Contractor shall at all times keep the work area free from accumulations of waste material or rubbish caused by his employees or work, and at the completion of the work he shall remove all rubbish and his tools, equipment and surplus material from and about the site and shall leave the site in a neat and tidy condition. In case of dispute, the Owner
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may remove such rubbish and the cost of such removal shall be charged against the Contractor.
33. Delays
If the Contractor is delayed in the completion of the work due to an act of neglect by the Owner, or any employee or agent of the Owner, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, or unavoidable casualties or by any other cause of any kind whatsoever beyond the Contractor's control which the Engineer shall decide as justifying the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide.
No such extension shall be made for delay unless written notice of claim is given to the Engineer within seven (7) days of the commencement of the delay, provided, however, that in the case of a continuing cause of delay, only one claim shall be necessary.
The Engineer shall not, except by written notice to the Contractor, stop or delay any part of the main contract work, pending decisions or proposed changes either by himself or by the Owner.
34. Owner's Right to Do Work
If the Contractor should neglect to prosecute the work properly, or fail to perform any provision of this Contract, the Owner or his designated official, after three (3) days written notice to the Contractor, may, without prejudice to any other right or remedy he may have, make good deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor.
The Owner reserves the right to enter the work area for the purpose of gathering data related to worker or machine productivity, operational methodology or related data.
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35. Owner's Right to Terminate Contract
a) If the Contractor: (i) is adjudged bankrupt; (ii) makes a general assignment for the benefit of his creditors; (iii) has a receiver appointed on account of his insolvency; (iv) refuses or fails to supply enough properly skilled workers, proper materials or equipment to perform the work, after having received seven days notice in writing from the Engineer to supply additional workers, materials or equipment (except as provided for in these "General Conditions"); (v) fails to make prompt payment to Subcontractors for material, labour or equipment; or (vi) persistently disregards laws, ordinances or instructions of the Engineer, or is otherwise guilty of a substantial violation of the provisions of the Contract,
then the Owner or his designated official, upon certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right of remedy, terminate the Contract by giving the Contractor written notice and take possession of the premises and all material, tools and appliances thereon, and finish the work by whatever method he may deem expedient but without undue delay or expense.
b) If the presence of unexpected site conditions would, in the opinion of the Engineer, increase the final Contract Price by more than 25% of the Total Tender Price, the Owner may terminate the Contract by giving the Contractor three (3) days written notice. In the event of such termination, the Owner shall be obligated to pay for actual work done to the date of termination. The Contractor shall not be entitled to receive any further or other sums in respect to termination under this condition.
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36. Certificates and Payments
At the end of each working month the Engineer or the Inspector shall inspect, measure, check, observe and note the condition and extent of the work done. He shall prepare a contract payment certificate based on his measurements and inspection and the Contractor's schedule of work. This contract payment certificate shall be prepared in as many copies as the Owner may require, and shall be forwarded to the Owner for payment within one week of the date of inspection. Three (3) weeks after the date of the receipt by the Owner of the contract payment certificate, the Owner shall pay to the Contractor the sum certified in said certificate less a 10% holdback as required under the Mechanics Lien Act.
If payment is not made within sixty (60) days of issuance of a certificate for payment by the Engineer (or by the Inspector where authorized by the Engineer), the Owner shall be liable for interest on the amount owing at the rate of 1.5% above the bank rate per annum from the 61st day to the date of payment. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks.
37. Substantial Performance
When the Contractor has substantially performed the work in accordance with the terms of the contract documents, he shall notify the Inspector in writing and request a complete inspection and certification of the work.
The Inspector shall provide a complete inspection of the work within seven (7) days of receipt of the request and shall advise the Contractor if the issuance of a Certificate of Substantial Performance is in order.
Subject to Clause 39, upon the expiration of thirty (30) days from issuing the Certificate of Substantial Performance and provided that no lien or privilege claims against the work
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exist and upon receipt of acceptable evidence that the Contractor has fully paid all debts for labour, materials and equipment incurred in connection with the work, and that the Owner is completely freed of all liens, lien holdbacks will be released.
38. Total Performance
When all deficiencies have been completed (unless otherwise agreed, not later than one month after issuance of the Certificate of Substantial Performance), the Contractor shall advise the Inspector in writing, requesting a final inspection.
The Inspector shall provide a complete inspection within seven (7) days of receipt of the request and shall advise the Contractor if issuance of the Certificate of Total Performance is in order.
The issuance of the Certificate of Total Performance shall constitute a waiver of all claims by the Owner against the Contractor, except those previously made in writing and still unsettled, if any, and those arising from any warrant, or those arising from negligence on the part of the Contractor.
The acceptance of the Certificate of Total Performance or of the payment due thereunder shall constitute a waiver of all claims by the Contractor against the Owner except those made in writing prior to his application for payment upon Total Performance of the Contract and still unsettled, if any.
39. Owner's Claims
Notwithstanding any other provision of this Contract, the Owner may:
a) in the event of a claim by the Owner against the Contractor for damages (for example, to the Owner's forest access roads) arising out of the performance or non-performance of the Contract, withhold payment of any amount equal to the
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alleged damages until the liability for damages is established and no amount of interest will be paid on amounts held under this Clause; b) set-off amounts owing by the Contractor to the Owner; or c) following the issuance of the Certificate of Substantial Performance, withhold payment of an amount equal to twice the cost, as estimated by the Engineer, of remedying deficiencies until the issuance of a Certificate of Total Performance and no amount of interest will be paid on amounts held under this Clause.
40. Assignment
The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder without the written consent of the Owner. It is further agreed that the said written consent of the Owner shall not, under any circumstances, relieve the Contractor of his liabilities and obligations under this Contract.
41. Liens
Neither the final, nor any payment, nor any part thereof, shall become due until the Contractor obtains and delivers to the Owner a complete release of all liens arising out of this Contract, which may have been registered against the work and, in the case of the final payment, the Contractor shall provide a statutory declaration in a form satisfactory to the Engineer that all the Contractor's obligations to and claims by third parties arising in connection with the work have been discharged and satisfied. The Contractor may, if any Subcontractors refuse to furnish a release of such a lien, furnish a bond satisfactory to the Owner to indemnify him against any claim under such lien.
42. Labour Standards
a) The labour standards must satisfy the following minimum conditions:
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(i) Rates of pay prevailing in the area of employment for each classification of work, subject to the minimum wage specified in Provincial legislation, must be paid. (ii) To the extent that there are higher Provincial standards applicable to particular occupations of regions, they will apply. (iii) There shall be no discrimination for employment of persons on this project by reason of race, sex, religion or political affiliation.
b) A copy of appropriate and valid labour standards regulations must be kept posted in a conspicuous place on the job site.
c) Recruiting of labour shall be conducted through the Human Resources Development Centre wherever practicable.
43. Governmental Requirements
Notwithstanding anything contained in the "General Conditions" or elsewhere in the Contract Documents, the Contractor shall observe and comply with all demands and requirements of any department or agency of the Government of Canada, the Government of Newfoundland and Labrador, or any municipalities affected by the work, in connection with the work to be performed by the Contractor.
44. Gender Hiring Information
Notwithstanding anything contained in the "General Conditions" or elsewhere in the Contract Documents, and further to Section 43 of the General Conditions, the final payment to the Contractor shall not become due until the Contractor obtains and delivers to the Owner the following information: a) the number of persons employed by the Contractor during the performance of the work; b) the gender of each person employed by the Contractor during the performance of the work; and
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c) the number of days or weeks, as appropriate, that persons of each gender were employed by the Contractor during the performance of the work.
45. Occupational Health and Safety Requirements
All work is to be performed in accordance with the requirements of the Occupational Health and Safety Act of the Province of Newfoundland and Labrador, and its regulations.
46. Environmental Management System
The Contractor is required to comply with all aspects of the Forestry and Agrifoods Agency, Forestry Services Branch Environmental Management System to ensure the safeguarding and protection of the environment in the designated work area.
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SECTION 4
SUPPLEMENTARY SPECIFICATIONS FOR TREE SEEDLING PLANTING: MITCHELL’S POND – O’REGAN’S (30U14WCP1164)
1.0 GENERAL LOCATION The Mitchell’s Pond – O’Regan’s planting project (Project No. 30U14WCP1164) is distributed across two sites in southwestern Newfoundland, both in Forest Management District 14. The 47 hectare (ha) Mitchell’s Pond site is located 8km southeast of Robinson’s while the 8 ha O’Regan’s site is located 7km north of Doyles in the Codroy Valley. The figure below shows the general locations. More detailed mapping can be found in Section 7, at the back of this document.
ST. GEORGES HUMBER VALLEY – VARIOUS LOCATIONS
ROBINSONS Mitchells Pond
O’Regan’s
CODROY VALLEY
2.0 INTENT AND SCOPE
2.1 Objective: The intent of this contract is to plant tree seedlings, supplied by the Owner, on 55 ha of clearcut harvested sites, none of which have been site
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prepared for planting. Both sites were harvested in 2015 and are generally of good site quality. The Mitchell’s Pond cutovers previously supported balsam fir forest types whereas those at O’Regan’s were dominated by yellow birch. Given their productivity, both locations are highly susceptible to vegetation and need to be planted as early in the growing season as possible.
At Mitchell’s Pond, planting is to occur at a regular spacing of 2.00 X 2.00 metres (m) with the goal of achieving a post-treatment density of 2,500 seedlings per hectare under ideal planting conditions. At O’Regan’s, planting is to occur at a regular spacing of 2.58 X 2.58 metres (m) with the goal of achieving a post- treatment density of 1,500 seedlings per hectare under ideal planting conditions. The objective in both instances is to establish vigorous, fully stocked plantations of desirable tree species.
2.2 Seedling Allocation: The Owner has allocated 129,500 seedlings for this project, which equates to 2,500 seedlings per hectare at Mitchell’s Pond and 1,500 per hectare at O’Regan’s.
2.3 Basis for Payment: Seedlings are to be planted at the spacing specified above and are to conform to planting quality standards described herein. Contract payments will be based upon density and quality sampling conducted by the Engineer as described herein. Non-compliance with these Supplementary Specifications will result in Unit Price payment reductions, financial penalties and/or discontinuation of seedling supply until corrective action has been taken.
2.4 Timing of the Work: The tentative start date for the work will be May 16, 2016, subject to the availability of tree seedlings from Wooddale Provincial Tree Nursery and site conditions. The Engineer and the Contractor may mutually agree to commence the work earlier. A later start date is only acceptable with the express written permission of the Engineer. The contract is to be completed by September 16, 2016. Notwithstanding the 18 week completion window outlined above, once the work commences the Owner
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expects that the Contractor shall make every effort to proceed with the work at a minimum rate of 50 ha per week as per Item 12.1 below.
2.5 Scheduling of Multiple Contracts: Where the Contractor has been successful in obtaining two or more tree seedling planting contracts tendered by the Owner, and is unable to implement all such contracts simultaneously, the Owner reserves the right to determine the order in which the contracts are to be implemented.
2.6 Pre-Bid Site Assessment: Bidders are urged to discuss site conditions and access concerns with the Engineer prior to submitting tenders, as well as the feasibility of a site inspection.
3.0 CONTRACT AREA LAYOUT
3.1 Mapping to be Provided: Prior to commencing this project, the Engineer will provide the Contractor with paper maps of the project area, indicating the location and size of all areas to be planted, as well as the species to be planted. Every effort will be made to provide the Contractor with digital mapping of the contract area for downloading onto his/her GPS unit(s), if these are compatible with the Engineer’s computer software.
3.2 Non-Plantable Area Deductions: The mapping provided by the Engineer will also show the location and size of internal deductions (i.e., portions of treatment area that are not to be planted and will not be paid for). Non-plantable areas of 200 m2 or less will not be deducted. All deductions will be clearly identified with flagging by the Engineer prior to planting of the block in question.
3.3 Payment Blocks: On the maps provided to the Contractor, the Engineer will have divided the project area into payment blocks of approximately ten hectares each. Individual block size may vary somewhat to take into account natural or man-made boundaries. Each payment block will be monitored separately by the
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Engineer to determine seedling quality and density for payment purposes.
3.4 Calculation of Seedling Requirements: The Contractor can use the Engineer’s project layout map to determine the approximate number of seedlings and trays required to complete each cutover or payment block.
Example: Cutover size is 6.25 ha (from map) Target planting density is 2,500 per hectare (from Contract document) Seedlings per tray is 64 (from Nursery shipping receipt) Number seedlings required = 6.25 ha X 2,500/ha = 15,625 seedlings Number trays required = 15,625 seedlings ÷ 64 per tray = 244.14 = 244 trays
3.5 Field Layout Responsibility: The Contractor is responsible for field layout of the project area. Unless otherwise approved by the Engineer, the project area will be laid out in the form of strips no greater than 60m in width and/or traverses of not more than 2.0 ha in size.
3.6 Boundary Marking Responsibility: To facilitate area verification and quality monitoring, the Contractor must identify the boundaries of treated cutovers/payment blocks by marking these with flagging tape. Flags are to be placed in an elevated position (i.e., 1.0-2.0 m above ground) and no more than 20 m apart. The flagging colours chosen for block layout and treated boundary identification must be noted on the Contractor’s layout maps. The Contractor must not use the same colour for both field layout (Item 3.5) and treated boundary identification.
3.7 Sequence of Treatment: The Engineer reserves the right to advise the Contractor of the order in which payment blocks are to be completed.
Unless otherwise approved by the Engineer, the Contractor cannot have any more than one payment block active for every two planters. For example, in the case of 10 planters, the Contractor can be actively planting on up to, but not
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more than, five blocks. Only when a block has been released by the Contractor for the Engineer’s quality assessment for payment purposes, can a new block be started.
Should the contract be terminated before all area has been planted (e.g., due to a shortage of seedlings or expiry of the planting season), the Engineer will provide the Contractor with a revised planting area map indicating what is to be planted and what is to remain untreated. The Contractor will not be paid for planted area that has been explicitly identified as not to be treated.
3.8 The Owner reserves the right to withdraw up to 3.0 ha from the identified contract area for tree improvement and other silvicultural research trials. The Owner will make every effort to replace the deducted area with other plantable area.
4.0 QUALITY SAMPLING REQUIREMENTS
4.1 Density/Quality Assessment (Owner): The Engineer will conduct planting density and quality sampling for contract payment purposes by randomly locating 1/100 hectare (ha) circular plots, each with a radius of 5.64 m, within the treated area. A minimum of one half percent (0.5%) of the planted area will be assessed within each payment block. This corresponds to one plot for every two hectares planted. In any case, no block being assessed independently for payment purposes is to be represented by less than five plots, regardless of block size. Further, if a density or quality infraction is suspected, which would result in Unit Price payment deductions, no fewer than ten plots per payment block are required.
If, as per Item 7.5 below, the Engineer allows the Contractor to take corrective action on a payment block with substandard density, and corrective action is taken, the Engineer will replace the plots in the corrected area up to a maximum of five new plots. Final block payment will be based upon the quality and density results from the new plots as well as the existing plots in the “uncorrected”
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portions of the block, if any.
4.2 Discarded Plots: If, in the opinion of the Engineer, more than 50% of the surface area in a given plot is deemed to be unplantable, that plot will be discarded and a new plot established in its place.
4.3 Density/Quality Assessment (Contractor): The Contractor is also responsible for conducting planting density and quality sampling. This will be done by randomly locating 1/100 ha circular plots, each with a radius of 5.64 m, within the completed area. A minimum of 0.5% of the planted area will be assessed within each payment block. This corresponds to one plot for every two hectares planted. Each plot centre is to be marked on the ground with a flagging pin or flagging bearing the plot number. In addition, the plot location is to be marked on the Contractor’s layout map. Copies of the quality plot data, along with Global Positioning System (GPS) coordinates of each plot location, must be submitted to the Engineer for inspection. Progress payments for completed blocks will not be processed until the Contractor’s quality plot data for the payment blocks in question has been received and validated.
4.4 The Contractor shall take immediate action to correct poor quality planting. If two successive payment blocks are found to have substandard planting quality or density (i.e., <85% quality or <85% density, prior to corrective action), the Owner reserves the right to discontinue seedling supply to the project until the problem has been identified and corrected.
5.0 PLANTING QUALITY STANDARDS The manner in which a tree seedling is planted is closely related to that seedling's subsequent survival and development. Therefore, planting quality is of the utmost importance and must meet the following specifications.
5.1 Species Selection: Matching species to site is a basic silvicultural requirement. A species planted “off-site” will often exhibit poor growth performance and even
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death. Where the Engineer has indicated on the map of the project area (see Item 3.1), or directed by additional instruction, that a specific species is to be planted in a specific location or block, the Contractor must ensure that these instructions are precisely followed.
5.2 Microsite Selection / Preparation: In order to ensure successful planting, it is important to select the best available microsite in which to place the seedling. Microsites must be selected (and/or avoided) as follows:
Proper Microsite Condition:
(i) Plant on the hinge position of the trench in areas site prepared using row scarification. (ii) In areas not site prepared using row scarification, or where the scarification has not produced an acceptable hinge position, the following microsites are acceptable (in order of priority): (a) plant in a relatively even (50:50) mixture of humus and mineral soil; (b) plant at the interface of exposed mineral soil and humus; (c) plant in the most shallow available humus. A portion of the seedling's roots must be in contact with the soil. If the humus depth exceeds root length, the planter is to use his/her planting tool or foot to scrape off the excess humus, thereby creating a suitable plantable spot. (iii) Where possible, plant in an uncovered position clear of overtopping logging slash and vegetation.
Improper Microsite Condition:
(i) Avoid planting at the base of depressions where water exists or can periodically accumulate. (ii) Avoid the top of mounds where drying can occur. (iii) Avoid planting in exposed mineral soil, away from the interface with humus. (iv) Avoid planting in shallow soil or on top of boulders or roots. (v) Avoid planting in humus deeper than the length of the seedling's root plug. (vi) Avoid planting in rotten wood. (vii) Avoid planting under logging slash, or under or near advanced broadleaf vegetation such as hardwoods, raspberry and grasses, except where
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instructed to do so by the Engineer. (viii) Avoid planting in the unscarified ground between row scarification trenches when the scarification has created an acceptable microsite within the trench.
5.3 Root Depth and Condition: Seedlings are to be planted such that the root collar is slightly buried and with no portion of the container plug appearing above the ground. Seedlings planted with up to 25% of the stem buried will be accepted without penalty. Planting too shallow is a more serious infraction of the standards than planting too deep and deductions will be made when the root plug appears above ground level. Additionally, the planted root plug must not be twisted, compressed or otherwise deformed.
5.4 Firmness: Having properly placed the seedling in the planting hole, the planter must press the soil firmly around the root system, leaving no air pockets. The toe, not the heel, of the boot must be used for firming the seedling. As well, do not use excessive pressure as this may damage the root system. The planted seedling should be firm enough so that it is not dislodged from the planting hole when the seedling stem is pulled slightly.
5.5 Seedling Angle: Seedlings are to be planted in a vertical position. However, angles of up to 25 degrees from the vertical are acceptable. Seedlings planted at an angle greater than this shall be penalized in accordance with Item 6.1.
5.6 Spacing: The target spacing is as prescribed in Item 2.1. However, flexibility is permitted, and even encouraged, to achieve a better quality microsite. As per the table below, points will only be deducted for spacing when trees are planted less than 1.0m apart.
5.7 One Seedling per Planting Hole: Only one seedling is to be planted per planting hole. Failure to meet this specification will result in penalties as described in Item 6.1. This does not apply to multi-stocked container plugs.
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6.0 PLANTING QUALITY ASSESSMENT Planting quality will be continuously sampled and assessed by the Engineer. Failure to meet specified levels of quality will result in Unit Price reductions.
6.1 Seedling Quality Rating: Each planted seedling within the 1/100 ha circular quality plot will receive a quality rating based on its adherence to the five quality factors outlined below:
RATING Quality As specified or best Varying moderately from Not as specified. Not likely Factor achievable due to site. specifications. Not best to survive and/or develop achievable. Likely to survive normally. Not acceptable. and develop. Microsite 2 1 0 Root Depth 2 1 0 & Condition Firmness 2 1 0 Angle 2 1 0 (<25 degrees (25-40 degrees (>40 degrees from vertical) from vertical) from vertical) Spacing 2 N/A 0 (<1.0 m from nearest planted seedling)
Each planted seedling meeting all of the specifications will receive a maximum of two points for each quality factor, for a maximum total quality rating of ten points. When a planted seedling does not adhere to specifications, its rating will be reduced. If a rating of zero is given for the quality factors of microsite selection, firmness or root placement, it will result in that seedling receiving a total rating of zero. However, if a seedling receives a zero rating on seedling angle or spacing, it is still eligible for a rating based on the other quality factors. As per Item 5.7, when more than one seedling is planted in a single planting hole, all of them shall be recorded as zeroes. However, only one seedling per planting hole will qualify for density. The Contractor will be assessed seedling charges (Section 9.0) for seedlings planted in excess of one per planting hole.
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6.2 Planting Quality Assessment Form: During the Engineer's survey, quality data will be collected and tallied on a plot by plot basis on the Planting Quality Assessment Form (Form A).
6.3 Block Quality Rating: Once all plots for a given payment block have been completed, the quality ratings of individual seedlings will be combined and converted to an overall percent quality rating for the entire block (Form C).
Example: Five quality plots are established in a 10.0 ha payment block. Plot #1 has 25 seedlings and receives a total of 227 points out of a possible 250 points (23 points are deducted for quality infractions). Plot #2 has 23 seedlings and receives 211 quality points. Plot #3 has 26 seedlings and receives 251 quality points. And so on…. The combined quality rating for the 122 seedlings in the five plots is 1,118 out of a possible 1,220 points, which converts to an average percent quality for the block of 91.6% (i.e., (1,118 ÷ 1,220) x 100 = 91.6%).
7.0 QUALIFYING FOR PAYMENT The Unit Price payment will be based on both the quality and the density of the planted seedlings. Planting quality will account for 80% of the Unit Price and planting density will account for 20% of the Unit Price. Both minimum quality and minimum density standards must be met in order to qualify for Unit Price payments.
7.1 Each payment block achieving a quality rating of 90.0% or more will receive full payment of the quality portion of the Unit Price for that block. Quality ratings between 50.0% and 89.9% will result in payment of a corresponding percentage of the quality portion of the Unit Price (e.g., a quality rating of 68.7% will mean a payment of 68.7% of the quality portion of the Unit Price). The minimum quality rating is 50.0%. Payment blocks receiving quality ratings of less than 50.0% will be disqualified for both quality and density payment.
Quality Percent Payment of the Quality Portion of the Unit Price Rate 90.0 - 100% 100% 50.0 – 89.9% 50.0 – 89.9%
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Quality Percent Payment of the Quality Portion of the Unit Price Rate <50.0% 0%
7.2 Each payment block will be assessed separately for contract payment eligibility. Multiple payment blocks will not be combined and averaged for payment.
Example: Assume a contract area is subdivided into nine payment blocks. Of these, three receive a quality rating of 96%, three receive an 86% rating, two receive a 71% rating and the last receives a 48% rating. The first three blocks will receive 100% payment of the quality portion, three blocks will receive 86% payment of the quality portion, two blocks will receive 71% payment and the last block will not qualify for payment.
7.3 An achieved average planting density for a given payment block that falls within ± 10% of the target density will receive full payment for the density portion of the unit price. A payment block with an average density outside this range will be penalized as described below. For density determination all planted seedlings, including those that score zero for quality, will be counted. The only exceptions, as described in Item 6.1, are seedlings in excess of one per planting hole. (i) A payment block with an average planting density below the target density will receive reduced payment as per the table below.
Density Percent Payment of the Density Portion of the Unit Price Rate 90.0 - 110% of prescribed 100% 82.0 – 89.9% of prescribed 75% 79.0 – 81.9% of prescribed 50% 76.0 – 78.9% of prescribed 25% <76.0% of prescribed 0%
(ii) A payment block with an average density of less than 76.0% of the target density will be disqualified for both quality and density payment. (iii) A payment block with an average density in excess of 110% of the target
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density will receive full payment for the density portion of the unit price. However, the Contractor will be charged for all seedlings used in excess of this range as outlined in Section 9.0.
7.4 Seedlings Planted: The total number of seedlings planted by the Contractor in a given payment block will be determined by first averaging the number per plot for all the plots in the block. This number will be multiplied by 100 to convert it to the average number of planted seedlings per hectare. The total number of seedlings in the block will be calculated by multiplying the average number of seedlings per hectare by the number of hectares in the block.
Example: Five 1/100 ha plots are established in a 9.0 ha block. The number of planted seedlings in each plot is 25, 23, 24, 26 and 27, for an average of 25 seedlings per plot. Therefore, the number of seedlings per hectare is 2500 (i.e., 25 x 100). The total number of planted seedlings in the 9.0 ha block is 9.0 x 2500 or 22,500.
7.5 Corrective Action: If the Owner’s quality and density assessment of a payment block suggests that a Unit Price payment deduction is in order, the Engineer may permit the Contractor to take corrective action. Corrective action will only be permitted where the primary cause of the Unit Price payment deduction is low planting density and then only with the consent of the Engineer. If the primary cause of the Unit Price payment deduction is high planting density or poor quality, corrective action will not be permitted. The Contractor will be given one calendar week from the date of notification of the low density concern to take corrective action.
7.6 Correct Species: An additional requirement for Unit Price eligibility, as described in Item 5.1, is that the Contractor plant the designated species in each block, as instructed by the Engineer. The first incidence of non-compliance with this requirement will result in a 25% reduction in the Unit Price payment for the offending area. The second incidence of non-compliance will result in a 50% reduction in the Unit Price payment for the offending area. The third and subsequent incidences will result in non-payment for the offending area(s).
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7.7 Missed Area: The Contractor is responsible for planting all plantable area in each payment block, less deductions, and is expected to provide sufficient supervision of the job such that all missed/skipped pieces are identified and treated in a timely manner. If the Engineer detects missed/skipped pieces, these will be identified to the Contractor as early as possible so that corrective action can be taken. The Contractor will be given one calendar week from the date of notification of a missed/skipped piece to plant the offending area. If the missed/skipped piece remains unplanted after one calendar week, the size of the unplanted area will be determined and a penalty equivalent to twice the Unit Price (but not less than $50 for each incident) will be deducted from the block payment for the block in question.
If, however, the Engineer detects five or more missed pieces in a single block, the Contractor will be given one calendar week to identify and plant all missed pieces in that block. If, after the week has passed, the Engineer detects five or more missed pieces (i.e., new missed pieces or previously identified missed pieces) in the block, 25% of the block value will be deducted, in addition to the penalties described above for the individual missed pieces.
Example 1: During the assessment of a 9.0 ha payment block, the Engineer detects a small 0.75 ha cutover on the fringe of the block that has not been planted. He/she informs the Contractor of the error and advises him/her that he/she has one week to plant the area in question. After one week, the area has still not been planted. When the Engineer calculates the block payment for that block, he/she deducts from the progress payment a penalty for the unplanted area. Assuming a Unit Price of $450/ha, the penalty is $675 ($450/ha X 0.75 ha X 2).
Example 2: During the assessment of a 10.0 ha payment block, the Engineer identifies six unplanted scarification trenches of variable length. These are identified to the Contractor but after one calendar week the Engineer finds that two of the original missed trenches remain unplanted. In addition, three new missed trenches are detected. When the Engineer calculates the block payment for that block, he deducts from the progress payment a penalty comprised of 25% of the gross block value plus $250 for the unplanted trenches. Assuming a Unit Price of $450/ha, the penalty is $1,375 ((25% X $450/ha X 10ha) + (5 missed trenches X $50/miss))
7.8 Upon completion of the assessment of each payment block, the Contractor will
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be notified of the results of this assessment and the details of any Unit Price deductions and/or financial penalties.
7.9 As stated in Item 7.2, each payment block will be monitored separately to determine seedling quality and density for payment to the Contractor. This information will be summarized on Forms B and C (attached). A contract progress payment will consist of one or more block payments added together (Form D).
8.0 DETERMINING PAYMENT AMOUNT FOR EACH PAYMENT BLOCK
8.1 The quality and density assessments for each payment block will be combined into an overall block rating for payment determination purposes. As noted in Section 7.0, density will account for 20% of payment block value and quality will account for 80% of payment block value.
Block Rating = (Density Rating X 0.2) + (Quality Rating X 0.8)
8.2 Gross block value is determined by multiplying the block rating by the Unit Price by the number of hectares in the block.
Gross Block Value = Block Rating X Unit Price X Block Size (in ha)
8.3 Net block value is determined by subtracting from the gross block value the value of all discarded, damaged and/or excess seedlings in the block as well as penalties associated with missed area (Item 7.7). The value of seedlings to be used for calculating deductions is given in Item 9.0 (vii).
Example: Monitoring indicates that the planted density is 2,080/ha (versus a target density of 2,500/ha) and quality is 89% for a 10.0 ha block. The Unit Price is $450/ha. A tray containing 36
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seedlings was encountered with a total value of $11.56 (36 seedlings X $0.21/seedling + $4.00 for the tray). No missed area was detected.
Payment Amount = (Block Rating X Unit Price X Block Size) – Deductions = ((0.75 X 0.2) + (0.89 X 0.8)) X $450/ha X 10 ha) - $11.56 = ((0.150 + 0.712) x $4,500) - $11.56 = (0.862 X $4,500) - $11.56 = $3,879.00 - $11.56 = $3,867.44
9.0 THE CONTRACTOR'S FINANCIAL LIABILITY FOR SEEDLINGS The Contractor will be held financially liable for the value of seedlings issued to him/her by the Owner. The Engineer will deduct the value of seedlings from payment(s) to be made to the Contractor, based on the following:
(i) All seedlings planted in excess of 110% of the prescribed density, or in excess of one per planting hole. (ii) All loose seedlings found discarded or abandoned on the planting site, or elsewhere, while in the Contractor's care. This includes full or partial trays of seedlings left on a payment block after the Contractor has indicated that planting is complete and the block is ready for the Engineer’s inspection. (iii) All seedlings which suffer damage and are rendered unplantable, as determined by the Engineer, due to improper storage and handling. This includes trees in roadside holding areas and trees in caches on the payment blocks that have dried out due to inadequate watering. (iv) All seedlings which suffer damage and are rendered unplantable, as determined by the Engineer, by equipment used by the Contractor to transport seedlings; and all planted seedlings which have been damaged by vehicles used to transport seedlings or trays. (v) All seedlings less than 95% of the quantity recorded as issued to the Contractor which cannot be accounted for by the Engineer upon completion or termination of the Contract. The Engineer will account for seedlings in accordance with the following: (a) summing the seedlings planted (as determined by sampling) on a
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block basis, and (b) summing the discarded/damaged seedlings, and (c) summing the seedlings remaining unplanted, and (d) subtracting the sum of the above from 95% of the seedlings shipped to, or received by, the Contractor, as stated on the Nursery shipping invoice. (vi) If 95% or more of the seedlings issued to the Contractor are planted and/or accounted for by the Engineer, the Contractor will not be penalized for any unaccounted for seedlings, subject to the above noted deductions. (vii) A value of $0.21 per seedling will be used to calculate deductions.
10.0 SEEDLING SUPPLY
10.1 Owner to Provide Seedlings: The Owner will, at no cost to the Contractor, provide the Contractor with the specified number of seedlings to be planted.
10.2 Shipping Arrangements: The Owner is responsible for shipping seedlings to the jobsite from the Provincial Tree Nursery. The first seedling shipment for the contract will be arranged by the Engineer. Thereafter, the Contractor is responsible for ordering tree deliveries from the Nursery. The Nursery requires a minimum of 24 hours notice for any given seedling shipment.
10.3 Seedling Inventory Control: The Contractor will not be permitted, without the approval of the Engineer, to take possession of seedlings in excess of a two day planting supply. This quantity will be determined by the Engineer by considering the number of planters employed by the Contractor, the Contractor’s previous production rates and the planting site conditions. The Engineer may approve shipment levels above a two day supply if he/she is satisfied that all seedlings are being properly cared for and promptly planted. 10.4 Leftover Seedlings: In order to avoid surplus trees remaining at the completion of the contract, the Contractor is to consult with the Engineer regarding the
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number of seedlings to be ordered for the last seedling delivery. Unless otherwise indicated by the Nursery or the Engineer, the Contractor is responsible for the return to the Nursery of all unplanted seedlings.
10.5 Unloading of Tree Deliveries: Seedlings will be delivered to the tailgate of the Nursery delivery truck. The Contractor is responsible for removing the seedlings from the tailgate and placing them in the storage area.
10.6 Signing for Tree Deliveries: The Contractor, upon receipt of the seedlings, must sign for them. The Contractor should not accept seedlings that are in poor condition as, once he/she receives seedlings, he/she is responsible for their general health and for planting them.
10.7 Recovery of Empty Trays: Throughout the Contract, the Contractor is to bring empty container trays to centralized pick-up site(s) designated by the Engineer. The Contractor is to ensure trays are emptied and arranged in stacks of ten. Empty trays will be picked up and returned to the Provincial Tree Nursery by Nursery staff. Following the last shipment of seedlings to the project, the Engineer may require that the Contractor bring all remaining empty trays to the nearest Forest Management District office.
10.8 Missing Trays: The Contractor is liable for missing container trays. The value of trays not returned to the Owner will be deducted from the final payment to be made to the Contractor. Trays are valued at $4.00 each.
11.0 SEEDLING CARE AND HANDLING STANDARDS
11.1 Seedling Watering: Seedlings shipped to the jobsite in containers must be maintained in a well watered condition at all times until they are planted. The Contractor is to ensure seedlings are thoroughly soaked each morning and, should conditions of high temperature and low relative humidity (i.e., >20 degrees
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Celsius and <50% R.H., respectively) persist during the day, an evening's watering will also be required. This requirement applies not only to seedlings in roadside holding areas but also to seedling caches on the payment blocks.
11.2 Watering Equipment: To facilitate the watering process described in Item 11.1 above, the Contractor is required to have on site, and in good working order, a pump of 1.5 horsepower or greater and sufficient hoseline to do the work.
11.3 Care of Boxed Trees: In the case of boxed seedlings, the Contractor must provide adequate protection to prevent the seedlings from overheating and drying. Therefore, while being stored waiting for planting, seedlings should be left in their original packaging, shaded from sunlight and sheltered from the wind in an enclosed structure with an opaque covering.
11.4 Tree Shipment By Contractor: Should circumstances arise where the Contractor is responsible for seedling shipment from the Tree Nursery to the jobsite (e.g., due to scheduling conflicts, mechanical failure, etc), the Contractor is required to ensure that vehicle(s) used for shipment contain an enclosed space to store and prevent wind drying of the seedlings. Any shelving erected in vehicles, or trailers, must be constructed so as to provide adequate support, space and air circulation to ensure seedlings are transported in a safe manner. Trays of container seedlings shall not, in any case, be stacked upon each other. For shipping under these circumstances, the Contractor will be reimbursed at a rate of $12 per thousand seedlings shipped.
11.5 Seedling Transport: To ensure that the Contractor is complying with seedling care and handling standards described herein, the Engineer shall approve all vehicles, ATVs, trailers, etc., that are to be used for seedling transport. The Contractor shall comply with any instructions issued by the Engineer to repair or replace defective equipment which is being used to transport or otherwise handle seedlings.
Tree Seedling Planting 2016
11.6 Running Over Seedlings: Under no circumstances are vehicles used for seedling or tray transport to travel over ground that has been planted. As per Item 9 (iv), the Contractor will be charged for all planted seedlings which have been run over by vehicles used to transport seedlings or trays. After a third warning regarding such activity over the course of the planting season, the Contractor will be required to stop using the vehicle in question.
11.7 Size of Tree Caches: Care of seedlings in caches on a payment block is challenging due to the absence of water and watering equipment. Unless otherwise approved by the Engineer, tree caches on a payment block are to collectively contain no more than a one day supply of seedlings. All unplanted seedlings remaining on a payment block going into a weekend or other non- planting day(s) are to be returned to roadside storage for appropriate care.
11.8 Marking of Tree Caches: All seedling caches on the payment blocks are to be marked with flagging tape. Flags are to be placed in an elevated position (i.e., 1.0-2.0m above ground).
12.0 THE CONTRACTOR'S MANPOWER REQUIREMENTS
12.1 Productivity: The Contractor shall attempt to employ sufficient planters to treat a minimum of 50 ha per week. Depending on planter productivity, this would normally imply 10 to 15 planters. The Contractor shall ensure that the quantity of work performed, on a weekly basis, does not vary significantly from that required to ensure completion of the contract on a timely basis.
12.2 The Contractor shall ensure that a sufficient number of planters are on site, and actively planting, by the third day following the specified starting date and every normal working day thereafter until the contract area is completely planted.
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12.3 Supervision: The Contractor shall have a Supervisor on site at all times during the delivery of the work. That person shall be made known to all workers and to the Engineer.
12.4 Planter Training: The Contractor is responsible for the training of his/her staff in proper seedling handling and planting techniques.
12.5 Forest Technician Recommended: It is strongly recommended, but not a Contract requirement, that the Contractor have a qualified Forest Technician on site at all times as a General Supervisor to conduct quality monitoring and to ensure planting specifications are met.
12.6 List of Employees: At the commencement of the work, the Contractor is to provide to the Engineer, in writing, a list of names of all workers and there job duties (e.g., planter, foreman, quality checker, gofer, etc.), including that of the alternate Supervisor, if known.
13.0 OWNER’S APPROVAL OF THE CONTRACTOR'S SUPERVISORY STAFF
13.1 The Contractor's employees, including supervisory staff, must be certified by the Engineer before going on the job site. Certification will be attained through the successful completion of a one day instructional course. Instruction will be given by the Engineer in tree planting techniques, seedling care and proper interpretation of contract requirements.
13.2 The instructional location and time will be selected by the Engineer.
13.3 The instructional period will be the financial responsibility of the Contractor (i.e., the paying of the planters and supervisory staff.
13.4 If the Contractor has successfully completed a minimum of two planting contracts in the previous three year period, and will be employing trained and skilled
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planters on this Contract, the above certification process may be waived, at the sole discretion of the Engineer.
14.0 THE CONTRACTOR'S EQUIPMENT REQUIREMENTS
14.1 The Contractor is responsible for providing all the equipment necessary to perform the work.
14.2 For each planter, the Contractor shall provide one planting dibble, shovel or other planting tool, one container harness and three 1.8 m range poles (if deemed necessary by the Engineer). Planting bags are not to be used without the permission of the Engineer.
14.3 The planting equipment employed by the Contractor must meet with the approval of the Engineer. The Contractor shall comply with any instructions issued by the Engineer to adjust a planting tool for better performance (e.g., re-setting of the depth gauge on a pottiputki) or to replace a defective planting tool.
15.0 AREA DISPUTE If a dispute arises as a result of disagreement over area treated, final payments will be based on horizontal distance measurements of the perimeter, or other method that is mutually agreed to by the Engineer and Contractor.
16.0 OCCUPATIONAL HEALTH AND SAFETY
16.1 As per Section 45 of the “General Conditions”, all work is to be performed in accordance with the requirements of the Occupational Health and Safety Act of the Province of Newfoundland and Labrador, and its regulations.
16.2 The Occupational Health and Safety Regulations under the Act stipulate that the employer is to have an Occupational Health and Safety Committee. Prior to the
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commencement of the work, the Contractor is to provide to the Engineer the names of those persons comprising the committee.
16.3 At least one in every four on-site employees of the Contractor must have a valid first aid certificate. Prior to the commencement of the work, the Contractor is to provide to the Engineer the names of those persons holding valid first aid certificates and copies of these certificates.
Example: New Forest Inc. has 15 employees consisting of the Contractor, one foreman, one gofer and 12 planters. Under the legislation (Occupational Health and Safety First Aid Regulations) New Forest is only required to have one first aider who must have standard first aid training. However, the contract requires that New Forest have at least three additional on-site employees trained in first aid (either emergency or standard), for a total of four.
16.4 All on-site employees of the Contractor must wear the following personal protective equipment: a). High visibility CSA-approved hardhat b). High visibility CSA-approved safety vest c). CSA-approved steel toed boots d). CSA-approved safety glasses
16.5 In addition to the items prescribed in Item 16.5, all on-site employees of the Contractor who use a power saw must wear appropriate CSA-approved personal protective equipment including: hardhat with side impact protection and a face screen; hearing protection; chainsaw boots; chainsaw pants/chaps and; gloves.
16.6 All on-site employees of the Contractor must have a whistle on his/her person at all times for emergency purposes. The Contractor must have a procedure in place for whistle use and employees are to be familiar with that procedure.
16.7 The Contractor is responsible for implementing a daily in check-in procedure and working alone policy for all on-site staff.
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16.8 The Contractor must prepare and implement an Occupational Health and Safety Program, including an Emergency Response Plan, as per the content requirements specified in Section 12 of the Occupational Health and Safety Regulations (2009). The Emergency Response Plan must be submitted to and approved by the Owner prior to the commencement of the work.
16.9 Failure to meet contract provisions with respect to Occupational Health and Safety will result in a penalty of $50 per infraction. Infractions deemed by the Engineer to be of a more serious nature will result in a Stop Work Order until the situation is corrected to the satisfaction of the Engineer .
Examples: 1. A planter is found to be working without wearing his hi-vis vest: $50 penalty. 2. The gofer is found to be using his ATV while wearing a hardhat and not the appropriate helmet: $50 penalty. 3. The Supervisor has gone into town to pick up supplies: no temporary Supervisor has been designated: Stop Work Order. 4. There are 11 workers on site and only two first aiders: Stop Work Order.
17.0 RESPECTFUL WORKPLACE Contractor-Owner interactions are expected to be conducted in a respectful manner.
18.0 FAILURE TO COMPLY Failure to comply with the above contract requirements will result in Unit Price reductions or financial penalties where these are prescribed. In other cases, a failure to comply will result in a discontinuation of seedling supply until corrective action has been taken.
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SECTION 5
FORM OF AGREEMENT
THIS AGREEMENT, made the day of in the year ______
BETWEEN: The Honourable the Minister responsible for the Forestry and Agrifoods Agency for and on behalf of Her Majesty the Queen in Right of Newfoundland and Labrador (hereinafter called the "Owner") of the first part
AND:
(hereinafter called the "Contractor") of the second part.
1. The Contractor shall:
a) perform all the work required by the contract documents for ______(insert here the title of the work and the project number); b) do and fulfill everything indicated by this Agreement and c) commence the work by ______and complete the work of this contract as certified by the Inspector by ______.
2. The following is an exact list of the Contract Documents referred to in Clause 1: ______(Insert here, attaching additional pages if required, a list identifying all Contract Documents including: Drawings, giving drawing number, title date, revision date or mark, and Specifications, giving a list of revision marks if any. Clearly identify any modifications to the Contract Documents.)
3. The Owner shall pay to the Contractor in lawful money of Canada for the performance of the Contract, the amounts determined for each of the following items of work completed at the unit price stated hereunder, subject to the adjustments provided herein and in the General Conditions of the Contract. The quantities contained in this schedule are approximate only, and the final payment shall be made for the actual quantities that are incorporated in or made necessary by the work covered by the Contract.
UNIT PRICE TABLE Item Description Unit Estimated Unit Price Extended Price No. Quantity Dollars Cents Dollars Cents
Note: H.S.T. must not be included in the above Table.
4. All communications in writing between the parties, or between them and the Engineer, shall be deemed to have been received by the addressee, if delivered to the individual or to a member of the firm or to an officer of the corporation for whom they are intended, or if sent by post or by telegram, addressed as follows: The Owner at:
P.O. Box 8700, Confederation Building, St. John's, NL. Telephone: (709) 729-2704
The Contractor at:
______Street and Number Town Postal Code Telephone
The Engineer at:
______Street and Number Town Postal Code Telephone
The Inspector at:
______Street and Number Town Postal Code Telephone
IN WITNESS WHEREOF the parties have hereunto their hands and seals subscribed and set the day and year first above written.
SIGNED by the Minister responsible for the Forestry and Agrifoods Agency in the presence of:
______WITNESS MINISTER Responsible for the FORESTRY AND AGRIFOODS AGENCY
______DATE
SIGNED, SEALED AND DELIVERED by the Contractor in the presence of:
______WITNESS CONTRACTOR
______DATE SECTION 6
CONTRACTOR PERFORMANCE EVALUATION SYSTEM
1. GENERAL
The Contractor Performance Evaluation System is designed to ensure contractual silviculture work conducted on behalf of the Forestry and Agrifoods Agency is completed to an acceptable level of performance by identifying and suspending Contractors who persist in poor performance. The system will also provide a means of identifying Contractors with above average performance and act as an incentive for marginal Contractors to perform at a higher level.
During the execution of the work, the Contractor will be notified immediately if the work is not proceeding in a satisfactory manner. This notification would normally be confirmed in jobsite meetings, Silviculture Operations Inspection Reports or in correspondence. The Contractor Performance Evaluation System is not intended to interfere with, or substitute for, the normal oral and written communication that a concerned Engineer would initiate when confronted with unsatisfactory performance.
2. PERFORMANCE EVALUATION SYSTEM
Following the completion of each contract, a Performance Evaluation will be conducted by the Engineer. The Contractor’s performance will be scored quantitatively using a rating system consisting of 20 performance criteria (see attached form). Each performance criterion will be rated on a scale of “0” to “5” with “0” being unacceptable and “5” being excellent. Each rating will then be multiplied by the weight indicated to determine a final score for that criterion. All performance criteria scores combined, contribute to a potential maximum performance score of 100 points.
3. COMPLETION OF THE PERFORMANCE EVALUATION
A Performance Evaluation is required for every silviculture contract implemented by the Forestry and Agrifoods Agency. The evaluation will be conducted by the Engineer upon contract completion. It will subsequently be reviewed by the Regional Silviculturist and approved by the Supervisor of Silviculture. A copy of the evaluation will be provided to the Contractor with the Final Completion Certificate.
4. INTERPRETATION OF PERFORMANCE RATING
The interpretation of the final score will be as follows: Performance Score Interpretation >75.0 points Excellent performance 60.0 to 75.0 points Satisfactory performance 50.0 – 59.9 points Unsatisfactory performance <50.0 points Unacceptable performance
5. SUSPENSION OF BIDDING PRIVILEGES
A Contractor receiving an “Unsatisfactory” rating on a contract will be notified in writing that his/her performance needs to be improved.
A Contractor receiving an “Unsatisfactory” rating on three contracts over a two year period, or an “Unacceptable” rating on one contract, may have his/her bidding privileges suspended. A review of the Contractor’s performance will be conducted based on the most recent three contracts completed by the Contractor. The results of the review will be communicated in writing to the Contractor.
If a suspension of bidding privileges is approved by the Forest Service, all future bids from the Contractor on silviculture contracts tendered by the Forest Service will be rejected prior to tender opening. Alternatively, any tenders from a Contractor under suspension, discovered after tender opening, will be marked as “Disqualified”. Attempts by suspended companies to submit tenders under a new company name or structure (i.e., successor corporations) will be rejected.
6. REINSTATEMENT OF BIDDING PRIVILEGES
The duration of the suspension of bidding privileges will be one calendar year from the date of notification of suspension.
A Contractor’s suspension may be lifted upon written request from the Contractor and successful demonstration of his/her ability to perform satisfactorily in future.
GOVERNMENT OF NEWFOUNDLAND AND LABRADOR Forestry and Agrifoods Agency Silviculture Contractor Evaluation Form (March 14/13 Vers.)
Contractor: ______Project Number: ______
Performance Criteria Unacceptable Excellent
0 1 2 3 4 5 Weighting Factor Score Quality of the Work 1. Achieved high planting quality 1.2 2. Achieved target planting densities 1.2 3. Demonstrated appropriate care and handling of seedlings 1.2 4. Used self-monitoring to identify and correct deficiencies 1.2 Organizational Skills 5. Organized planters efficiently / ensured they were adequately supplied with 0.8 seedlings 6. Kept good control of seedling inventory (e.g., numbers, deployment) 0.8 7. Ensured empty trays and unused seedlings were returned to storage areas 1.0 8. Ensured all areas identified for treatment were treated 1.0 Project Administration 9. Demonstrated familiarity with contract language and expectations 0.8 10. Provided monitoring data to DNR in a timely manner and in an acceptable format 1.0 11. Disposed of garbage appropriately and minimized environmental "footprint" 0.8 12. Completed the work in a timely manner, to the best of his/her ability 1.0 Relationship With Employees 13.. Interactions with employees conducted in a respectful and professional manner 0.8 14. Promoted compliance with OH&S 1.2 15. Ensured employees had appropriate tools to perform the work 0.8 16. Provided employees with appropriate instruction and feedback 1.2 Relationship with DNR 17. Interactions with DNR staff conducted in a respectful and professional manner 1.2 18. Made himself/herself available to DNR to discuss Contract issues 0.8 19. Worked with DNR to resolve disputes in a fair and reasonable manner 1.0 20. Complied promptly and effectively with requests to address 1.0 deficiencies/concerns Overall Performance Score
Maximum score = 100 points
______Engineer Regional Silviculturist Supervisor of Silviculture ______Date Date Date
SECTION 7
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