Request for Quotation no. 18-01
for the period APRIL 1, 2018 to MARCH 31, 2019
RATES FOR Various equipment and services
issued by MANITOBAGROWTH, ENTERPRISE & TRADE– PETROLEUM BRANCH
SPECIAL PROVISIONs
INTENT
The Quotation is to establish rates and a hiring order for various equipment and services identified as being necessary to perform work at various facilities located throughout Southwest Manitoba, on behalf of Manitoba Growth, Enterprise & Trade - Petroleum Branch.
1)BASIS FOR EQUIPMENT HIRING
Equipment and services will be hired on the basis of the quoted rate, availability and the capability of the Contractor, as perceived by ManitobaGrowth, Enterprise & Trade, to perform the work in accordance with the provisions of this Quotation.
2)OBLIGATION OF THE PROVINCE OF MANITOBA
This quotation shall not be interpreted by the Contractor as an obligation on the part of the Province of Manitoba to provide work, or as a representation that work is available. Work, if and when available, shall be assigned in accordance with the terms and conditions of this Quotation.
3)COSTS INCLUDED IN QUOTED RATES
Quoted rates shall be payment in full and include all costs of any nature whatsoever
associated with the supply and operation of the equipment, including but not limited to:
a)qualified operators, wages, meals, living quarters
b)fuel, oil, lubrication and all maintenance, repairs or replacements
c)depreciation or interest costs
d)any and all communication costs
e)all insurance, licenses and permits, and all other costs including Workers Compensation
payments
f)any lighting and safety equipment required unless specified separately in the quote package.
4)CONTRACTOR’S COMPETENCE & PERFORMANCE
The Contractor shall maintain all equipment in good working order and shall perform all work expressed and implied in this Quotation in a good and safe manner. Where in the opinion of the Petroleum Branch representative or designate, a Contractor is:
a)unqualified;
b)operating in an unsafe manner;
c)not performing a satisfactory amount of work;
d)not dealing with the public and ManitobaGrowth, Enterprise & Trade, Petroleum Branch employees in a courteous manner; or
e)not adequately trained or possessing the required licenses and certificates as per Provincial/Federal requirements
the Contractor may be dismissed immediately and shall not be re-engaged until such time as the inadequacies that resulted in the dismissal have been remedied to the sole satisfaction of the Petroleum Branch representative or designate.
5)INSURANCE
The Contractor shall maintain appropriate liability insurance to cover all activities and undertakings of the Contractor under this Agreement. The minimum limit of coverage shall be $2.0 million per occurrence but Manitobareserves the right to require higher limits of coverage. The responsibility to maintain adequate and appropriate insurance rests entirely with the Contractor.
The Contractor shall provide written evidence of the required insurance, satisfactory to ManitobaGrowth, Enterprise & Trade, with a Certificate of Insurance, prior to commencing work under this Agreement. The Contractor shall immediately notify ManitobaGrowth, Enterprise &Trade in writing if the required insurance is cancelled during the term of this Agreement.
It is the Contractor’s responsibility to insure the Contractor’s machinery, equipment and supplies against physical damage and loss.
6)INDEMNITY
6.01The Contractor shall use due care in the performance of the obligations under this
Agreement to ensure that no person is injured, no property is damaged or lost and no rights are infringed.
6.02The Contractor shall be solely responsible for,
a)any injury to persons (including death), damage or loss to property or infringement of rights caused by, or related to, the performance of this Agreement or the breach of any term or condition of this Agreement by the Contractor, or the officers, employees or agents of the Contract; and
b)any omission or wrongful or negligent act of the Contractor, or of the officers, employees or agents of the Contractor;
and shall save harmless and indemnify Manitoba, its officers, employees and agents from and against all claims, liabilities and demands with respect to clauses (a) and (b) except to the extent that any injury, damage or loss results from a wrongful or negligent act of an officer, employee or agent of Manitoba, while acting within the scope of his or her employment.
7)SUSPENSION FROM HIRING
Suspension from hiring may be made by the Petroleum Branch, for any failure on the part of the Contractor to meet any of the obligations in this Quotation and shall include, but shall not be limited to:
a)Equipment mechanical condition;
b)Operator’s attitude, ability or actions;
c)Failure to report to the work site at the assigned time;
d)Low productivity (at sole determination of the Petroleum Branch representative or designate).
e)Working in an unsafe manner
f)Current safety record is to remain in good standing and in compliance with the Workplace Safety and Health Act.
Suspension from hiring may result from repeated instances of unacceptable performance at
the sole discretion of the Petroleum Branch representative or designate. The Contractor shall be notified in writing of the suspension.
8)SAFETY REQUIREMENTS
Contractors (and their employees) hired by Manitoba Growth, Enterprise & Trade - Petroleum Branch, shall familiarize themselves with and abide by any and all requirements with regard to personal protective equipment and all standards pertinent to the supply and safe operation of equipment, as required by any and all applicable Federal and Provincial Laws, Acts, orders and regulations in force at the time this Quotation is accepted, or which may subsequently be enacted.
Without limiting the foregoing, all workers when required shall have and use appropriate personal protective equipment ie: fire retardant clothing, H2S monitors, safety head and foot wear, hearing and eye protection.
9)WORKERS COMPENSATION INSURANCE
The Contractor shall obtain and maintain Workers’ Compensation insurance as required by The Workers’ Compensation Act of the Province of Manitoba
10)GOODS AND SERVICES TAX AND PROVINCIAL SALES TAX
The Manitoba Government is not subject to payment of the Goods and Services Tax (GST) and therefore, the Quoted Bid Cost for all work to be carried out shall not contain the provision for any Goods and Services Tax. ManitobaGrowth, Enterprise & Trade - Petroleum Branch will issue a statement certifying the goods and services provided under this quotation are for the sole use of the Manitoba Government (Registration Number R107863847). PST and GST are not to be included in the Quote price. Applicable PST is to be accounted for at the time of invoicing.
11)MANITOBA BUSINESS REGISTRATION
No Contractor shall operate on behalf of Manitoba Growth, Enterprise & Trade in the Province of Manitoba unless the Contractor is registered to transact business in the province.
12)INVOICES
Invoices for materials delivered and work performed shall be in writing and satisfactory to ManitobaGrowth, Enterprise & Tradein both form and content. The contractor shall also provide supporting documentation, vouchers, statements and receipts as may be requested by Manitoba Growth, Enterprise & Trade.