This is a service / maintenance or supply contract in Grand-Sault/Grand Falls, New Brunswick. Contact the soliciting agency for additional information.

Reference Number NB-01-24-2024(1) Any claim which the Contractor or the Grand Falls Regional Municipality may have based on any dispute or difference of any kind whatsoever arising out of the Contract shall be referred by the Contractor or Grand Falls Regional Municipality in writing not later than ten (10) working days after the occurrence giving rise to such disputed difference. Correspondence shall contain a concise statement of the relevant facts. The claim made to the Grand Falls Regional Municipality shall be settled by the Chief Operating Officer (CAO) who shall communicate the decision in writing within ten (10) days of the date of receiving written notification. The Contractor shall proceed with the contract with all due diligence in accordance with the Contract whether or not such claim shall be referred to arbitration as hereinafter provided. Except in those circumstances where it is provided in the contract the decision of the CAO shall be final. Any dispute or difference persisting after delivery of the CAO's decision, shall be referred to arbitration in accordance with the Arbitration Act and action must be taken within thirty (30) days. An application for arbitration shall be accompanied by security in the amount of One thousand Dollars ($1,000.00) to apply to the cost of arbitration. The arbitration shall be by a Board of three (3) members. Either party shall notify the other party in writing of its desire to submit the dispute or difference to arbitration or a notice shall contain the name of the first party's appointee to the Arbitration Board. The recipient of the Notice shall, within seven (7) days, inform the other party of the name of its appointee to the Arbitration Board. The two members, so selected, shall within five (5) days of the appointment of the second of them appoint a third person who shall be Chairman. The Arbitration Board shall determine responsibility for costs and shall include recommendation for payment in the award decision. The decision of the arbitration will be binding. Reference to arbitration by the Contractor as herein provided shall be a condition precedent to any legal action with respect to any dispute or difference of any kind whatsoever which the Contractor may have with the Municipality arising out of the contract or work. The successful bidder shall be responsible for all damages and shall indemnify and save the Municipality harmless from and against all damages and liability, which may arise out of the failure of the Contractor to obtain and pay for such licenses and permits and to comply fully with any and all applicable laws, ordinances and regulations. The Contractor shall carry out this contract in compliance with the various federal, provincial and municipal acts, regulations, and policies involving protection of the environment, including the Code of Practice for the Reduction of Volatile Organic Compound (VOC) Emissions from Cutback and Emulsified Asphalt and any approvals or permits issued to the Grand Falls Regional Municipality, or the Contractor therewith. The Grand Falls Regional Municipality reserves the right to reject any or all bids, or to accept separate items in the bid unless the bidder denies this right.