3874 To authorize an Agreement between the Town and Horizon Maintenance IncTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3874
A BY -LAW to Authorize an Agreement Between the Corporation of the Town of
Tillsonburg and Horizon Maintenance Inc.
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and
expedient to enter into a service agreement with Horizon Maintenance Inc.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Agreement attached hereto as "Schedule A" is hereby adopted and
forms part of this by-law.
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
agreement marked as Schedule "A" and on behalf of the Corporation of the Town
of Tillson burg.
3. AND THAT this by-law comes into force and effect upon passing.
Read a First and Second Time this 26th day or January, 2015.
Read a Third and Final Time and passed this 26th day of January, 2015.
Municipal Clerk-Donna Wilson
FORM OF AGREEMENT
MUNICIPAL FACILITY HOUSEKEEPING
2015-2018
HORIZON MAINTENANCE INC.
To clean the following facility
TILLSONBURG O.P.P. STATION
90 Concession St
Tillsonburg, ON
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 1/13 -lun-2014
MUNICIPAL HOUSEKEEPING SERVICES
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT made in TRIPLICATE ON the~ day of ~n,<: in the year Two
Thousand and Fifteen by and between: U
THE CORPORATION OF THE TOWN OF TILLSONBURG, herein
(the "OWNER")
-and-
HORIZON MAINTENANCE INC.
{the "Contractor")
WHEREAS the Owner owns certain properties described on Schedule "A" to this Agreement
(collectively the "Properties").
AND WHEREAS contained on the Properties are areas that require housekeeping (the
"Services").
AND WHEREAS the Owner solicited bids for performance of the Services {the "Tender").
AND WHEREAS the Contractor bid to perform the Services pursuant to the Tender (the "Bid").
AND WHEREAS the Owner selected the Contractor to perform the Services on the Properties
pursuant to the Tender and Bid (collectively the "Tender/Bid Documents and attached as
Schedule "B") and pursuant to this contract {the "Agreement").
IN CONSIDERATION FOR the payments for the Services and for performance ofthe Services, the
mutual covenants contained herein and for such further and other valuable consideration the,
the receipt and sufficiency of such is hereby acknowledged, the Parties agree as follows:
ARTICLE A: COVENANTS OF THE CONTRACTOR
1. The Contractor covenants, warrants and represents that:
a) It shall supply all materials, equipment, labour and consumables to perform the
Services as described in this Agreement and the Tender/Bid Documents;
b) All of its employees are sufficiently trained and aware of their duties, obligations and
responsibilities in performing the Services pursuant to the Tender/Bid Documents,
this Agreement, and all applicable health and safety laws, regulations and rules;
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 2/13 -Jun-2014
c) It will maintain a weekly log that the Services were performed at each of the
Properties pursuant to the in the specifications and timing as specified in this
Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by
the employee of the Contractor performing the work. The Contractor agrees to
produce the Log to the Owner upon demand at any time and the Owner shall have
the right to copy the Log;
d) All equipment used to perform the Services and all vehicles transporting the
equipment to the Properties must be in good mechanical and operating condition,
duly licensed and insured (collectively the "Equipment"). The Equipment shall be
made available for inspection{s) by the Owner upon demand either before the
commencement of the Term or at any time during the Term. The Parties agree that
any inspection by the Owner shall not be construed as an endorsement or approval
of the mechanical or operating condition of the Equipment, does not constitute an
inspection for purposes of any safety under any statute or regulation and does not
relieve the Owner and/or operator from liability for such Equipment;
e) All operators of the Equipment must be fully trained, qualified and experienced in
the operation of any Equipment which they operate. The Owner shall comply with
all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the
Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation
along with any other applicable departments, ministries and/or crown corporations.
f) At all times its employee(s) shall act in a civil, responsible, courteous and
conscientious manner. The Contractor acknowledges and agrees, and will inform its
employees of such, that there is no right for it or its employees to join any activities,
sessions or meetings of the Owner's employees or outside groups. There will be no
allowances made for employees to offend or interfere or join in activities being
carried on by Town staff or outside groups while the employees of the Contractor
are being employed by the Contractor. If there is a complaint about an employee
then such complaint(s), if received by the Owner, will be referred to the Contractor.
The Contractor further acknowledges and agrees that the Owner reserves the right
to request that an employee of the Contractor be removed from performing the
Services ifthe employee violates the terms of Articles A{l){e), A{l){f) or they offend
or interfere with the activities of any employee(s) of the Owner and the Contractor
shall not permit the employee to re-attend at any of the Properties until satisfactory
arrangements have been made to ensure that there is not repetition of the
offending behavior;
g) It shall not leave any Equipment unattended on the Properties, private property or
any other property owned or possessed by the Owner at any time unless the
Equipment is properly protected to the satisfaction of the Parks and Facilities
Manager or his/her designate;
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 3/13 -Jun-2014
h) All the Services and work performed pursuant to this Agreement and the Tender/Bid
Documents shall be carried out in accordance with Occupational Health and Safety
Act, including, but not limited to, all amendments, regulations, guidelines, Ministry
or Labour directions and orders-in-counsel. The Contractor agrees that its
employees must at all times on the Properties must be issued and wearing
appropriate footwear, appropriate clothing, and other Personal Protective
Equipment (PPE) as required under the Act;
i) It will inform its employees when performing the Services to take care when
performing the Services to ensure the Properties are not harmed. The Contractor
acknowledges and agrees that it shall be solely responsible and repair, replace or
compensate the Owner for any and all damage caused to buildings, vehicles,
equipment, office materials or any other assets owned, possessed and/or operated
by the Owner or other Tenant of the Properties;
j) It shall and without delay report any and all damage to person and/or property
(whether the Owner or public or privately owned), accidents or incidents to the
Parks and Facilities Manager or his/her designate; and,
k) It is familiar with the location ofthe Properties and the areas that require the
Services on the Properties.
ARTICLE B: REQUIREMENTS OF THE SERVICES
2. The Parties agree, warrant and covenant that:
a) The Services shall include, but not limited to, the housekeeping and janitorial tasks
necessary for good maintenance and appearance of the facility(s) on or near the
Properties;
b) The Services shall be performed on the all ofthe Properties listed on Schedule "A"
for the remuneration specified in Article D;
c) The Services shall be provided at the agreed frequency per calendar week on all of
the Properties as specified in Schedule "A". The Contractor shall perform the
Services, at the Contractor's sole discretion, between the hours of _9AM_ and
_SPM_. Written approval from the Parks & Facilities Manager is required to
perform the Services at any other time. The Contractor shall record in the Log the
date, time and who performed the Services;
d) The Contractor will provide the Owner with the schedule of providing the Services
for all the Properties as listed in Schedule "A";
2014-201SFORMOFAGREEMENTHorizonMaintenance Inc. Inc. 4/13 -Jun-2014
e) The term of this Agreement shall be for four and half years (the "Term"). The Term
shall commence on or about January 28, 2015 and end December 31, 2018. The
Parties acknowledge that the Term shall not commence ifthis Agreement has not
been executed and/or the documentation as required by this Agreement, the
Tender/Bid Documents, proof of insurances pursuant to Article E ofthis Agreement
and/or such other documentation reasonably requested by the Owner have been
supplied to the Owner by the Contractor;
f) The Owner shall be the sole decision maker whether the conditions exist that
requires the Services. If the Owner determines such conditions do not exist then the
weekly performance of the Services may be modified by the Parks and Facilities
Manager or his/her designate. If the weekly performance of the Services is modified
then the Contractor agrees that notwithstanding any other term or condition of this
Agreement or the Tender/Bid Documents it shall not be remunerated, paid or
compensated for scheduled times that it did not perform the Services;
g) The Contractor acknowledges that if it provides Services when it was informed by
the Owner not to do so for any reason as set out in this Agreement then it shall not
be paid, compensated or remunerated for such Services;
h) The Contractor may not perform any extra work that are not part of the Services
except in accordance with this Article B(2)(i). The Owner shall in writing ask for the
extra work and then the Contractor must provide a written quote of the extra work
to meet the specifications of the Parks and Facilities Manager or his/her designate.
The Contractor agrees that any extra work not approved pursuant to this Article
B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated
or compensated in any fashion, manner or method;
i) In performance of the Services the Contractor shall:
ARTICLE C: TERMINATION
i) Work in a safe fashion
ii) Ensure all staff are sufficiently trained
iii) be observant while performing the Services near or
around people to ensure the safety of public and staff;
and,
iv) Notify the owner of any noted deficiencies
3. The Parties agree that the Owner has the right to terminate this Agreement upon the
following:
a) any material misrepresentation contained in the Bid by the Contractor;
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 5/13 -Jun-2014
b) any violation, breach or non-performance of any term, condition,
warranty, covenant or representation of this Agreement and/or the
Tender/Bid Documents and such violation, breach or non-performance
has not been remedied by the Contractor upon 15 days' notice by the
Owner (the "Notice"); or,
c) the workmanship ofthe Contractor is deemed to be unsatisfactory in the
sole and absolute discretion of the Owner.
If the Agreement is terminated then the Parties agree that each shall be relieved
of any further obligations pursuant to this Agreement and the Tender/Bid
Documents excepting the obligation of the Owner to pay for any Services
provided by the Contractor that were performed prior to the Notice and the
obligations of the Contractor pursuant to Article E.
4. If the operator of the Equipment is not performing the Services pursuant to this
Agreement or operating the Equipment in an unsafe manner in the sole opinion of the
Owner then the Owner shall have the right to have the Equipment and the operator
removed from the job site.
5. If the Equipment is deemed by the Owner, at the Owner's sole discretion, not be safe or
the Equipment is not licensed (as applicable), does not pass safety (as applicable) or not
insured then the Owner may demand the Contractor to remove the Equipment from the
Property without notice.
ARTICLED: PAYMENT
6. The Parties agree that:
a. The Contractor shall be paid for the Services performed per month (except as
specified in this Agreement) for each year of the Term as per the tender bid
b. To obtain payment the Contractor shall submit an invoice for the Services on a
monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the
amounts as specified in Article D(G)(a). The Invoice shall show the amount of the
weeks that the Services were provided, the rate per week and H.S.T.;
c. Invoices will be accepted for payment only upon substantiation by the Owner
being satisfied that the Services were provided pursuant to this Agreement
and/or the Tender/Bid Documents. The Parties agree that the Owner has the
right to hold back and/or reduce the payment of some or all of the Invoice where
the Services are not completed to the satisfaction of the Owner, not completed
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 6/13 -Jun-2014
pursuant to this Agreement or as compensation for damage caused by the
Contractor and not remedied by the Contractor pursuant to Article B(l)OJ;
d. Notwithstanding the provisions contained in Article D(6)(c) if on account of
climatic or other conditions reasonably beyond the Contractor's control there
are portions of the Services that cannot be completed, the Contractor shall
receive payment in full for that part of the Services which were completed but
the Owner may withhold a sufficient and reasonable sum for the completion of
such unfinished work and adequately protect the Owner against construction
liens.
ARTICLE E: INSURANCE AND INDEMNITY
7. The Contractor covenants and agrees that it will carry public liability insurance for the
transportation, operation and use of the Equipment and performing the Services with
limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the
Owner as co-insured throughout the Term. The Contractor shall provide the Owner
proof of insurance within seven days of executing this Agreement and every year of the
Term prior to providing the Services in each year.
8. The Contractor covenants that it is registered pursuant to the Workplace Safety and
Insurance Board Act and possesses all required coverages as required by the Act and by
the Workplace Safety and Insurance Board. The Contractor shall provide the Owner the
proof of insurance with the Owner and a clearance certificate within seven days of
executing this Agreement and every year of the Term prior to providing the Services in
each year.
9. The Contractor acknowledges and agrees that it is performing the Services entirely at its
own risk and the Contractor assumes all responsibility for the condition of its
Equipment, the skill of its employees and condition of the Properties. The Contractor
acknowledges and agrees:
a. that it must perform its own inspection of the Properties to ensure the
Properties are free of hazards, material and debris of any kind that may cause
damage to the property of the Contractor or injury to the employees of the
Contractor;
b. that the Owner provides no warranty, covenant or representation as to the
condition of the Properties;
c. that the Owner is not responsible to remove any debris, material or hazards
from the Properties prior to the Contractor performing the Services;
d. the Properties, and buildings are all in an "as is" condition for the Contractor to
perform the Services; and,
2014·2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 7/13 -Jun-2014
e. to indemnify the Owner (and their officers, directors, counselors, managers,
employees, volunteers) for any and all liability, costs (including but not limited to
legal costs), out of pocket expenses, losses of any kind whatsoever and
howsoever arising and damage to property of the Owner arising in any way
whether in tort, by statute, equity, law, negligence, contract, breach of warranty,
intentional actions of the Contractor (or its employees, contractors, agents
shareholders, officers and directors) due to or in performance of the Services or
in any manner connected to this Agreement or connected to the Services in any
way whatsoever and howsoever arising.
10. Throughout the Term the Contractor shall hold the Owner (including but not limited to
its managers, officers, directors, counselors, employees and volunteers) harmless,
indemnify the Owner and defend the Owner (with legal counsel reasonably acceptable
to the Owner) against any and all demands, proceedings, claims, liabilities, obligations,
damages, awards, judgments, administrative fines, or other losses or expenses of any
kind any of them may receive or incur as a result of the activities, actions, products,
breach of any warranty or omissions of the Contractor (including, but not limited to its
shareholders, officers, directors, employees, agents or subcontractors) including, but
not limited to, negligence, breach of contract, tort, equity, law, intentional actions or
breach of any statute or by-law except what is caused by the Owner.
11. The Contractor represents, covenants and warrants that at all times it:
a. Shall be responsible for the actions and negligence of its employees,
subcontractors, shareholders, officers and agents;
b. Shall ensure that its actions shall behave in an appropriate manner in keeping
with the terms of this Agreement and the Tender/Bid Documents;
c. Shall ensure that its actions conform and adhere to all laws, statutes and
regulations as applicable; and,
d. It and its employees, officers, directors, subcontractors and agents have the skill
and expertise to provide the Services and operate the Equipment in a safe and
prudent manner.
12. The Contractor releases the Owner (including but not limited all of the Owner's
managers, officers, directors, counselors, employees and volunteers) from any and all
claims, actions, proceedings and demands of any kind whatsoever and howsoever
arising whether in tort, contract, equity, law or by statue for any losses or damages of
any kind whatsoever and howsoever arising including, but not limited to, damage to
property or person caused or contributed by any third party, condition ofthe Property,
any injury suffered in performance of the Services and/or caused by any other
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 8/13 -Jun-2014
contractor or any person on or near the Properties for any reason. The Contractor
acknowledges that the Owner has no responsibility for any actions of the users of the
Properties and that the Contractor has accepted the risk that a user of the Property or
third party may intentionally or negligently commit an act which directly or indirectly
causes damage, harm or loss to the Contractor, Equipment or employee of the
Contractor and the Contractor irrevocably and without reservation releases the Owner
(including but not limited to its managers, officers, directors, counselors, employees and
volunteers) from any liability and all liability.
13. Nothing contained herein shall create or be construed as creating any partnership,
agency, joint venture, master/servant or employment between the Owner, its officers,
servants or agents and the Contractor or any servant, agent or contractor of the
Contractor. The Parties agree that at all times the Contractor is an independent
contractor.
14. The Owner shall not be responsible for any infraction of, or non-compliance with any
Federal, Provincial, Municipal or other laws relating to the Services and the Contractor
shall and does hereby agree to indemnify and save harmless the owner in respect
thereto with regard to the Services. The Contractor acknowledges that at all times it will
comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is
no express or implied exemption(s) of any by-law(s) of the Corporation of the Town of
Tillsonburg.
ARTICLE F: MISCELLANEOUS
15. Time shall be deemed to be the essence ofthis Agreement.
16. The general conditions, special conditions, specifications, the RFQ, any Addenda and
information contained in the Tender/Bid Documents are all to be read and form part of
this Agreement along with all Schedules attached and constitute the entire contract
between the Parties.
17. In case of any inconsistency or conflict between the provisions oft his Agreement and
the Tender/Bid Documents then the order of which document is paramount shall be as
follows:
a. this Agreement
b. all documents that form the Tender
c. the Bid;
18. All communications in writing between the Parties 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:
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 9/13 -Jun-2014
The Owner at:
The Town ofTillsonburg
Parks and Recreation Services
45 Hardy Avenue
Tillson burg, ON, N4G 3W9
The Contractor at:
Horizon Maintenance Inc.
58 Trottier Drive
Tillson burg, Ontario
N4G 4R2
19. This Agreement, Tender/Bid Documents and schedules attached hereto constitute the
complete and final Agreement between the Parties regarding the subject matter hereof
and supersedes all previous discussions, representations or undertakings, whether oral
or written. The Parties agree that there are no terms, express or implied,
representations, verbal, understandings or commitments unless contained in this
Agreement. No amendment or waiver of this Agreement shall be binding unless
executed in writing by the party to be bound thereby. No waiver of any provision of this
Agreement shall be deemed or shall constitute a waiver of any other provision nor shall
any such waiver constitute a continuing waiver unless otherwise expressly provided.
20. Any terms in this Agreement which are masculine shall be interpreted as either
masculine or feminine and vice versa and words importing persons shall include firms
and corporations and vice versa. For convenience, headings have been inserted into
this agreement and shall not be used in any manner to interpret this agreement. For
the purposes of interpretation, any words in this agreement that are singular shall be
interpreted as if they include the plural and any words in this agreement that are plural
shall be interpreted as if they include the singular. The Parties agree that the recitals
form a part of the agreement. All schedules to this agreement shall form part of the
agreement. The words "Party" and "Parties" shall mean the Owner and/or the
Contractor as the context permits.
21. Should any provision of this agreement require judicial interpretation or arbitration, it is
agreed that the court or arbitrator interpreting or construing the same shall not apply a
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 10/13 -Jun-2014
presumption that the terms thereof shall be more strictly construed against one party
by reason of the rule of construction that a document is to be construed more strictly
against the party who itself or through its agent prepared the same, it be agreed that
both parties have participated in the preparation hereof.
22. In the event that any provisions contained in this Agreement shall be declared invalid,
illegal or unenforceable by a court or other lawful authority of competent jurisdiction,
this Agreement shall continue in force with respect to the enforceable provisions and all
rights and remedies accrued under the enforceable provisions shall survive any such
declaration, and any non-enforceable provision shall to the extent permitted by law be
replaced by a provision which, being valid, comes closest to the intention underlying the
invalid, illegal and unenforceable provision.
23. Neither this Agreement nor any rights or obligations under this Agreement shall be
assignable by any Party without the prior written consent of the other Parties. Subject
to that condition, this Agreement shall ensure to the benefit of and be binding upon the
Parties and their respective heirs, executors, administrators, successors (including any
successor by reason of amalgamation of any Party) and permitted assigns.
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 11/13 -Jun-2014
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first
above written, signing officers in that behalf.
CONTRACTOR
Per:4 ~cJo
I have authority to bind the Corporation.
of the Town ofTillsonburg
and
~~=~==---Donna Wilson, Clerk
We have authority to bind the Corporation.
2014-2018 FORM OF AGREEMENT Horizon Maintenance Inc. Inc. 12/13 -Jun-2014
2014-201BFORM OFAGREEMENTHorizon Maintenance InC. Inc. 13/13 -Jun-2014
SCHEDULE A
LIST OF PROPERTIES
CLEANING FREQUENCY
AND
TIMING
TILLSONBURG O.P.P. STATION-MONDAY-FRIDAY 9AM-SPM
2014-2{118 FORM OF AGREEMENT Precise Janitorial Services InC. 14/15 ·Jun-2014
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IOIPIP STATION
Cleaning completed Monday, Wednesday ond Friday between 8:30a.m. -4:30p.m.
Washrooms & Water Fountajns
Daily
@eekly
I Monthly
Die Floors
Clean and disinfect seats (both sides) with clean potable water, bowls,
urinals , wash basins, mirrors, partitions and fittings (This should include all body contact points)
Damp mop floors
Supplies replenish soap, toilet paper and paper towel dispensers as needed
Clean and disinfect showers with a tile cleaner
!Descale all toilet bowls, urinals, showers and washbasins
iwash down all walls
lo;ID....;a....;U.._y ______ -llsweep using a dust control method
Damp mop
Carpets
I Dally )vacuum I
!Twice per Year !shampoo and/or steam Clean
Wi!!!te Receptacles
B!~~:D;;:a:::ily.l--------1\Empty and dispose of waste
All waste receptacles should be fitted with plastic bags
UMonthly Wash and disinfect g
Kitchen Area
Daily
BWeekly
Walls & Woodwork
Daily
Weekly
Monthly
Light Fixtures
General
Twice per Year
CeiDines
llTwice per year
Clean table and counter top area
Clean and disinfect sink and fixtures
Keep paper towel stocked
!wash down cupboards, microwave and friqge
Spot clean interior walls and office partitions offinger marks etc.
Dust baseboards and keep free of mop streaks, wax accumulation and streaks
Dust walls, partitions, woodwork and uncovered pipes
Second Week of April and October J
Incandescent recessed fixtures: remove cover, vacuum and wash interior,
wash interior cover galls and replace
Fluorescent fixtures: Remove shield, wash exposed pan, wash acrylic shield using antistatic procedure.
Replace burnt out fiXtures as needed
!vacuum &. dust-Clean soft, acoustical ceilings
Office Furniture & Equipment
Wednesday & Friday Dust desks, table's chairs, cabinets, counters, business machines, phones, bookshelves
lweekly iwax, poliSh or treat wooden furniture, plastic or upholstered furniture
Holding Cells
U~,;ID;.;;a;,;;ily.:....-------iDamp mop floors
Wipe down tables & Benches
!weekly
Wash & Disinfect Walls (This should include all body contact points)
Clean and disinfect toilets and sinks
Clean and disinfect all bars on holding cells
ftWipe down chairs D
SCHEDULE B
T-02-14 MUNICIPAL HOUSEKEEPING SERVICES
TENDER
2014·2018 FORM OF AGREEMENT PredsaJanitorial Services InC. 15/15 -Jun-2014
Municipal Housekeeping Services
Tender T=02-14
<
~-----·-
Section One
instruction to Bidders
Table of Contents
Section One -lnstmction to Bidders
Section Two-Form of Tender
Section Three-Specifications
INSTRUCTION TO BIDDERS
REQUEST FOR TENDER
T-02.-14
Municioalll'acility Housekeeping Services
1. Bid Documents
1.1 The following documents form the basis of this bid process (the "Bid
Documents");
1.1.1 Instructions to Bidders;
1.1.2 Form of Tender;
1.1.3 Not Applicable
1.1.4 Agreement, Definitions and General Conditions of
Ontario Provincial Standards/Canadian Construction Documents
Committee, etc.;
1.1.5 Supplementary Conditions;
1.1.6 Specifications (per table of contents);
1.1.7 Drawings (per list of drawings);
1.1.8 Addenda issued during bidding period.
1.2 Check Bid Documents for completeness upon receipt. Inform the
Town immediately;
1.2.1 Should any documents be missing or incomplete; or,
1.2.2 Upon finding any discrepancies or omissions.
1.3 Complete set of Bid Documents will be available at an Optional
site meeting on
March 25, 2014
9:00AM
Tillsonburg Community Centre
45 Hardy Avenue
Tillsonburg, Ontario
N4G3W9
Main Lobby by Reception Area
1.4 The Bid Documents are made available only for the purpose of
submitting bids for the project. Availability and/or use of the Bid
Documents do not confer a license or grant for any other purpose.
2. Amendments to Bid Documents
2.1 Questions of a technical nature and all purchasing-related enquiries in
relation to this RFf shall be directed in writing to .Kelly Batt FAX :
(519) 842-4120 ore mail kbatt@tillsonburg.ca
2.3 A bid shall be disqualified where contact is made with any person at
the Town other than the individuals outlined above.
2.4 The Town shall not be responsible for instructions, clarifications or
amendments communicated orally. Instructions,. clarifications or
amendments which affect the Bid Documents may only be made by
addendum.
2.5 If bidders find discrepancies, omissions, errors, departures from
building by-laws, codes .or good practice, or points considered to be
ambiguous or conflicting, they shall bring them to the attention of the
Town as per Section 2.1 in writing, and not less than seven (7)
business days before the bid closing date, so that the Town may, if the
Town deems it necessary, issue instructions, clarifications, or
amendments by addendum to ail bidders prior to the bid closing date.
The Town will endeavor to issue such addenda at least seventy-two
(72) hours prior to bid closing. ·
2.6 Addenda's issued during the bidding period shall become part of the
Bid Documents and their receipt shall be acknowledged in the space
provided on the Form of Tender. Notices of addenda will be posted on
the Town's website www.tillsonburg.ca
Although notification of the Addenda will be sent to the plan-takers list via
e-mail, it is the bidder's responsibility to check the Town's website to
assure they have the most recent addenda.
3.0 Bid Performance & Security
3.1 Each bid shall be accompanied by bid security, if applicable, in the
form of a bid bond or certified cheque in the amount of Not
Applicable. Ail bid bonds shall name the Town as oblige and be
issued by a surety licensed to conduct surety and insurance business
in Ontario. The bid security is for the benefit of the Town and stands
as security that the bidder, if awarded the ·contract, will deliver the
performance security and evidence of insurance and other documents
required by these Instructions to Bidders or by the contract, and will
execute the contract. The bid security shall remain valid for a period
of one hundred and forty (:1.40) days from the date of bid
submission.
3.2 The bid security of the bidder whose bid is accepted will be retained by
the Town to compensate the Town for the damages it will suffer should
the successful bidder fail to execute the contract and/or fail to provide
the specified performance security and/or evidence of insurance and
other documents required by these Instructions to Bidders or by the
contract.
3.3 The bid security of the bidder whose bid is accepted will be returned
after the delivery of the specified performance security and evidence of
insurance and other documents required by these Instructions to
Bidders or by the contract, and after the execution of the contract.
The bid security of all other bidders will be returned after the
execution of the contract or after the expiry of this bid process without
an award of contract or after the rejection of all bids.
3.4 Each bid shall be accompanied by an agreement to bond issued by the
same surety company that provides the bid bond (if applicable),
undertaking to. provide a fifty percent (50%) performance bond and a
fifty percent {50%) labour and material payment bond, both to be
delivered to the Town if the bidder is awarded the contract.
3.5 Bids not accompanied by the required bid security and the required
agreement to bond shall be declared non-compliant and rejected.
3.6 Include the cost of all bonds in the bid price.
4.0 Bid Completion
4.1 Fill in all blank spaces on the Form of Tender in ink, or typewritten,
providing all information requested, and ensure that an authorized
person or persons sign all forms where indicated. Failure to provide all
requested information on the Form of Tender and failure to fill in all
blank spaces shall result in a bid being declared non-compliant unless,
in the opinion of the Director of Finance, the missing information is
minor and would not adversely affect an award decision.
4. 2 Use only the Form of Tender issued as part of the Bid Documents for
the project. If any or all pages of the Form of Tender are amended by
addendum, only the amended pages shall be used to submit a bid.
Failure to comply with this paragraph shall result in the bid being
declared non-compliant.
4.3 Information provided by bidders on the Form of Tender may be
amended prior to bid closing, provided corrections are initialed by an
authorized representative of the bidder. Other modifications,
erasures, additions, conditions, qualifications or un-initialed pre-closing
amendments may result in the bid being declared non-compliant. ·
4.4
4.5
4.6
4.7
4.8
4.9
Bids that are unsigned shall be declared non-compliant and rejected.
Bids that are not originals, improperly signed, un-initialed, incomplete,
conditional or illegible, may be declared non-compliant.
Bid Price
Bids containing clerical errors that do not result in any ambiguity with
respect to the overall submission or award decision, in the opinion of
the Director of Finance shall be given 2 business days to correct and
initial.
Listing of Subcontractors
4.7.1 Where required by the Bid. Documents, a bidder shall submit a
list of subcontractors. Failure of the bidder to list subcontractors and
suppliers, where required, or the listing by a bidder of more than one
subcontractor and supplier to perform or supply an item of work listed,
shall result in the bid being declared non-compliant.
4.7.2 Where a bidder lists "own forces" in lieu of a subcontractor, the
bidder shall carry out such item of the work with its own forces.
Where "own forces" have been listed by a bidder, the Town reserves
the right to obtain information from the bidder and from third parties
respecting the qualifications and experience of the bidders "own
forces" for such item of the work. If the Town, acting reasonably,
determines that the bidders' "own forces" are not sufficiently qualified
or sufficiently experienced to undertake such item of the work, it shall
reject the bid.
Itemized and Alternative Prices
4.8.1 Where required by the Bid Documents, a bidder shall submit
itemized and alternative prices;
4.8.2 itemized prices for work, if any, shall be included in the bid
price; and,
4.8.3 alternative prices for work, if any, shall not be included in the
bid price.
4.8.4 The Town reserves the right to accept or reject any or all
alternative prices submitted.
Unit Prices
4.9.1 Where required by the Bid Documents, a bidder shall submit
unit prices. All quantities outlined in the Bid Documents are estimates
only. For any work done or materials supplied on a unit price basis,
payment will be made for the actual measured quantities at the
respective unit prices.
4.9.2 All unit prices, unless specifically indicated, are for complete
work, in place, supplied and installed.
5. Bid Submission
5.1 Submit one (1) completed original and two copies of the Form
of Tender, accompanied by the bid bond or certified cheque and
the agreement to bond, in a sealed envelope. Ensure that the
outside of the envelope bears the bidder's return address and a
label clearly identifying the project and project number for
which the bid is submitted.
5.2 Submit the envelope to:
Tillsonburg Community Centre
45 Hardy Avenue
Tillsonburg, Ontario
N4G 3W9
Main Lobby Reception Desk
5.3 Bids must be received before 12:00 p.m. local time on April 8,
2014. The term "local time" shall mean the time as measured
by the identified clock at the recipient's location.
5.4 Bids will be date and time stamped at the location receiving the
bids. Late bids will be returned unopened.
5.5 Bids which are submitted by facsimile transmission or by electric
means will not be considered.
5.6 Bidders are solely responsible for the method and timing of
delivery of their bids.
5.7 The bidder acknowledges that all submitted bids shall become a
record belonging to the Town which makes them all subject to
the Municipal Freedom of Information and Protection of Privacy
Act, R.S.O. 1990, Chapter M.56, as amended.
6. Bid Withdrawal
6.1 A bidder who has submitted a bid may request that their bid be
withdrawn, if the request is made before the closing time for the
submission of bids. Withdrawal requests must be in writing to
the Director of Finance or his or her designate.
6.2 Withdrawn bids shall be returned unopened to the bidder.
6.2 The withdrawal of a bid shall not disqualify a bidder from
submitting another bid on the same project, as long as it is
submitted before the closing time for the submission of bids.
7. Bid Expirv Period
7.1 Bids shall be irrevocable for a period of one hundred and twenty
(120) days from the date of submission, after which period the
bid expires.
8. Bid Opening and Evaluation
8.1 Bids shall not be opened publicly. Bid submissions will be
provided to Council and therefore those bids will become a
public document at that time.
8.2 In the event that more than one envelope is received from the
same bidder, only the last envelope received will be considered.
8.3 The Town may reject the lowest or any bid or part of any bid,
reject all bids or cancel this bid process in whole or in part.
8.4 The bid price offered on the Form of Tender will be considered
the bidder's "Base Bid". The Town reserves the right, but has
no obligation, to adjust all bidders' Base bids by the amounts of
any alternative prices which the Town, in its discretion, decides
to accept.
8.5 The Town reserves the right to award the contract to the bidder
which submitted the bid which, in the Town's sole discretion,
provides the best value to the Town based on the criteria
described in the Bid Documents including, but not limited to, a
bidder's:
8.5.1 Base Bid;
8.5.2 Base Bid, as adjusted by the Town pursuant to the Bid
Documents; and
8.5.3 Clarification provided pursuant to Section 9 (Requests for
Clarification).
3.6 The Towi'il may au:cept or reject any regular, irregular,
unbaDai'ilcedl, i011formaD or non-compliant bid.
8.7 Incomplete or conditional bids may be declared non-compliant.
8.8 The Town reserves the right to consider, during the evaluation
of the bids;
8.8.1 information provided in the bid itself;
8.8.2 information provided in response to enquiries of credit
and industry references set out in the bid;
8.8.3 information received in response to enquiries made by the
Town of third parties apart from those disclosed in the bid
in relation to the reputation, reliability, experience and
capabilities;
8.8.4 the manner in which the bidder provides services to
others;
8.8.5 the experience and qualifications of the bidder's senior
management and project management;
8.8.6 the compliance of the bidder with the Town's requirement
and specifications; and,
8.8.7 innovative approaches proposed by the bidder in the bid.
8.9 The bidder acknowledges that the Town may rely on the criteria
which the Town deems relevant, even though such criteria may
not have been disclosed to the bidder. By submitting a bid, the
bidder acknowledges the Town's rights under this section and
absolutely waives any right, or caused of action, against the
Town and its consultants, by reason of the Town's failure to
accept the bid submitted by the bidder, whether such right or
cause of action arises in contract, negligence or otherwise.
8.10 The Town reserves the right to open the bid and negotiate with
a single bidder, in cases where only one bid is received, or to
negotiate with a bidder of the Town's choice, if all bids are over
budget or too high.
8.11 Should the Town receive no compliant bids, the Town, in its
discretion, may re-bid the Project or may negotiate a contract
for the whole or any p.art of the Project with a bidder which has
submitted a non-compliant bid.
8.12 In the event that two (2) or more compliant, equal bids are
submitted during a competitive bid process, the Town shall
determine the successful bidder by drawing a bidder's name, as
determined by the CAO.
-------------. ---------
9. Requests for Clarification
9.1 The Town may contact any one or more bidders to request
clarification or further information without any obligation to
contact other bidders. Such additional clarification shall be
provided promptly by the bidder to the Town. The Town may,
but is not obligated to, amend or revise the bid based on the
clarification or further information.
9.2 Requests for information shall not be construed as acceptance of
a bid.
10. Taxes
10.1 The Harmonized Sales Tax (HST) shal.l not be included in the bid
price. All other eligible taxes shall be included in the bid price.
Any taxes or increases to taxes announced prior to the date of
the issuance of the Bid Documents and scheduled to come into
effect subsequent to it shall be taken to be included in the bid
price.
11. Award of Contract, Execution of the Contract & Documents to be
Delivered
11.1 Bidders shall not issue or make any statements or news releases
concerning their bid, the bid process, the Town's evaluation of
the bids, or the Town's award or cancellation of the bid process
without the express written consent of the Town.
11.2 Prior to commencing the work, the bidder shall deliver to the
Town:
11.2.1 the performance bond and the labour and material
payment bond described in the Bid Documents, the form of such
bonds to comply with the requirements of the contract;
11.2.2 certified true copies of the insurance policies required by
the Bid Documents; and,
11.2.3 a current Clearance Certificate issued by the Workplace
Safety and Insurance Board.
11.3 The bidder shall execute the contract and deliver the executed
original to the Town within ten (10) business days of receipt
from the Town.
11.4 The bidder agrees that the Town shall not be deemed to be the
employer of the bidder nor its personnel under any
circumstances whatsoever.
12. Liability
12.1 If a bidder breaches the "bid contract", including by failing to
execute the contract, for whatever reason, the bidder shall be
liable to pay to the Town, at the Town's election as follows:
12.1.1 the difference between the base bid prices of the
breaching bidder and the bidder who subsequently executes the
contract; or,
12.1.2 the amount set out in the bid bond or certified
cheque; And these amounts shall be considered liquidated
damages, not a penalty, and the bidder hereby acknowledges
that these amounts are a reasonable pre-estimate of damages
which will likely be suffered by the Town should a breach of the
"bid contract" occur. The Town shall have the right to draw upon
the bid bond or certified cheque should a breach of the "bid
contract" occur, irrespective of any other terms or conditions set
out in the bond. ·
12.2 The liability of the Town to any bidder for loss and damage
arising in tort, including negligence or misrepresentation of any .
nature, or for the breach by the Town of the "bid contract" shall
be.limited to the lesser of the sum of Five Hundred Dollars
($500.00) and the reasonable cost to the bidder of preparing its
bid.
13. Disputes
In the event of a dispute arising in connection with this bid
process that cannot be resolved using the complaint resolution
process, as stated in "Appendix B" of the Town's Purchasing
Bylaw including, without limitation, a dispute concerning the
existing of the "bid contract" or a breach of the "bid contract",
or a dispute as to whether the bid of any bidder was submitted
on time or whether a bid is compliant, the Town may refer the
dispute to a confidential binding arbitration pursuant to the
Arbitration Act, 1991, as amendedr before a single arbitrator
With knowledge of procurement/bidding law. In the event that
the Town refers the dispute to arbitration/ the bidder agrees
that it is bound to arbitrate such dispute with the Town. Unless
the Town shall refer such dispute to binding arbitration1 there
shall be no arbitration of such dispute.
14. Claims or Litigation
14.1 TheTown shall not consider bids received from parties with
whom the Town is in litigation, or pending litigation, unless
approval allowing such consideration is obtained by the bidder
from the Council of the Town prior to the close of bidding.
14.2 Bids which are not considered pursuant to the aforementioned
policy shall be returned to the bidder and no contract in regard
to the bid process shall have been created as between the
bidder and the Town.
15. Representation & Warranty
15.1 The bidder represents and warrants that its bid is compliant with
the term·s set out in the Bid Documents. The bidder
acknowledges that the Town is relying on this representation
and warranty. In the event that the bidder's bid is. accepted by
the Town and the bid is held by a Court of competent
jurisdiction to be non-compliant with the terms set out in the
Bid Documents in a proceeding commenced by another bidder
(the "Claimant"), the bidder will indemnify the Town for any
award of damages. Howsoever characterized, that are payable
to the Claimant as well as for the Town's actual legal expense,
including all legal fees and disbursements as billed to the Town.
----···----····
16. Freedom of Information
16.1 The bidder acknowledges that any bid submitted shall become a
record belonging to the Town and therefore is subject to the
Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c M.56, as amended. This provision law gives
individuals, businesses and other organizations a legal right to
request records held by the Town, subject to specific limitations.
The bidder should be aware that it is possible that any records
provided to the Town, including but not limited to, pricing,
technical specifications, drawings, plans, audio visual materials
or information about staff, parties to the bid or suppliers oould
be requested under this law. If the bidder believes that all
or part of the bid should be protected from release, the
relevant parts should be clearly marked as confidential.
Please note that this will not automatically protect the
submission from release, but it will assist the Town in making a
determination on release if a request is made.
Section. Two
Form of Tender
~--~-
Request for Tender# T-02-14
Municipal Facility Housekeeping Services
Tender Closing : April 8, 2014-12:00p.m. LOCAL TIME
Please submit one (1) completed original and two copies of the Form of Tender
, in a sealed envelope to the Town of Tillsonburg at the following address:
Tillsonburg Community Centre
45 Hardy Avenue
Tillsonburg Ontario
N4G 3W9
Delivered to the reception desk
1. Please ensure that the outside of the envelope includes the bidder's name, its return
address and a label' clearly identifying the. Project and Project number for which the
bid is submitted. ·
2. Questions of a technical nature and all purchasing-related enquiries in relation to this
Request for Tender (RFT) shall be directed to Kelly Batt, at FAX -(519) 842-4120 or
e mail kbatt@tillsonburg.ca no later than April 8 , 2014 at 11:00 AM local time.
4. By submitting a bid, you have accepted an offer by the Town to enter into a "bid
contract" for the evaluation of bids and the award of the Contract, if an award is
made. You acknowledge that the terms of the "bid contract" are represented by the
Bid Documents (hereinafter defined).
5. Failure to submit a bid which complies with the requirements of the
Instructions to Bidders shall cause a bid to be declared non-compliant.
6. Bid results will be posted, where and when applicable, on the website after the
closing date: April 8, 2014
7. The lowest or any bid will not necessarily be accepted.
Yours truly,
Kelly Batt
Pagel
FORM OF TENDER
FOR: RFT-#-T-02-14
SUBMilTED BY: __________________ ,(Company Name)
TO:
I, the undersigned, having carefully examined the Bid Documents, having received, carefully
examined and incorporated Addenda No. to No. ; inclusive, and having examined
all conditions, circumstances and limitations affecting the work, offer to enter into a contract with
the Town to perform the work required by the Bid Documents for the prices as listed on the attached
Bid form,
DECLARATIONS
I/We the undersigned, declare that:
1. 1/We agree to perform the work, inclusive to mobilization time, in compliance with the contract and to
complete the work by the specified completion date in the contract.
2. No person, firm or corporation other than the undersigned has any interest in his bid or in the proposed
contract for which this bid is made.
3. This bid Is Irrevocable and is open for acceptance by the Town of Tillsonburg for a period of one
hundred and twenty (120) days from the date of submission.
4. Individuals who submit letters and other information to Council and its Committees should be aware
!hat any personal information contained within their communications may become part of the public
record and may be made available through the agenda process which includes publication on the Town's
website.
COMPANY NAME AND TITLE
NAME (PRINT OR TYPE)
ADDRESS
TOWN AND POSTAL CODE
TELEPHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
X have 'the authority to bind the Corporation.
AUTHORIZED SIGNATURE DATE
Page2
--------
Bid Sheet
Municipal Facility HoLJsekeeplng Services
T~DZ-14
All pricing excludes HIT
5 times per week
(Monthly Price)
Corporate Office
Tlllsonburg OPP Station
Customer Service Centre
Annandale House
Public Worlcs
3 times per week
(Monthly Price)
Corportate Office
TIIlsonburg OPP Station
CUstomer Service Centre
Annandale House
Public Works
Fire Hall
2 times per week
(Monthly Price}
Public Works
Fire· Hal\
once per week
(Monthly Price)
Fire Hall
Hourly Cost for extra .::lea nina as requli"ed
Tlllsonburg Community Centre
Monthly 6 times per week
Zonel
Zone2
Zone3
Zone4
ZoneS
Monthly 7 times per week
Zonel
ZoneZ
Zone3
Zone4
ZoneS
Company Name=--------------
Employee~-----------------
Z014 Z01S 2016 2017 2018
APPENDIX "D"
ORDER OfF EVENTS AINID RESPONSIBXUTIES iN BIDDING PROCESS
Order of Events Buyers Responsibilities User Department
Responsibilities
1 Requesting Bid • Issue number (RFr, RFP, EOI) • Request the bid number and
Number • Provide guidance and advice to most recent bid template from
the User Department on purchasing by email stating the
appropriate methods of project name and brief
purchases, terms, etc. description
2 Preparing Bid • Work in conjunction with the User • Work in conjunction with the
Documents Department to complete the most User Department to complete
current and appropriate bid the most current and
template appropriate bid template
• Provide advertising requirements
to the purchasing dept. (if
required)
• Develop specifications and other
necessary appendixes, maps,
evaluation matrix for all bid
documents
Reviewing all Bidding • The Director of Finance and • Submit all bid documents
3 Documents (Bid, Departmental Director or designate including advertising to the
maps, appendixes, must review the draft bid Buyers
newspaper ads) documents prior to issuance • Consideration of the one-week
• The Director of Finance will decide if window should be given for
bid proposal requires legal review advertising and printing
• Buyers will coordinate legal review requirements and deadlines
• Buyers will attempt to review any
bid documents, as required, within
one-week of receipt of such
4 Outside Printing and • If the document is printed outside, • Forward the reviewed bid
Advertising (If Buyers makes arrangements with documents including advertising
applicable) the printing company, makes to Buyers
payment and advises the User • If the bid document needs to be
Department upon receipt of the printed outside, consideration of
documents the one-week window should be
• If required, the bid will be given. All pages need to be
advertised in the appropriate media, marked -color, double sided etc.
Buyers makes all necessary • If advertised in newspaper, allow
arrangements and payments enough time to meet deadlines
• Forward account numbers for
printing and advertising to be
charged to Buyers
5 Printing and Posting • Preparing a file folder for the bid
the Bid Online opportunity
• Print and file the bid document
• Send an ACR to have bid posted
online
• Print the subscribers list and file in
the j:lroject folder
Page3
---------
6 EO! Process to Create • See Item 5 above plus the • Request an EOI number and
Invitation Only Bids following: template from purchasing
• EOI is issued to create a potential • Preparing the EOI document
list of vendors using the template
• Issue bid document (RFT or RFQ) to • Provide advertising of the EOI
the list of vendors that were short document to the Buyers (if
listed by evaluation team required)
• Follow up with suppliers to confirm • Develop specifications and other
they have received bid documents necessary appendixes, maps,
• Confirm with User Department that evaluation matrix for all EOI
all suppliers have received the bid documents
documents. • Establishes evaluation team to
• Issue addendums to suppliers if review submissions and create a
required short Jist of vendors for
invitation only bid
• Supply Jist of short listed
vendors with email address,
phone numbers and contact
names to the Buyers
7 Selling Bid Documents • Document fees established annually • Forward all documents and maps
and/or Maps (If through Rates and Fees Bylaw to the Buyers
applicable) • Update templates with document • Advise Buyers about fees
fee • The bid document and
advertisement shall clearly state
the applicable document fee and
that the bid document fee is
non-refundable
8 Mandatory Site Visit (If • Create the Mandatory Sign in Sheet • Determine the date and time for
applicable) • Attend the meeting the Mandatory Site Visit
• File the Sign in Sheet for verification • Advise relevant staff
of attendance at bid opening
• Confirm that all bid submissions are
from vendors who attended the
mandatory site meeting
9 Posting Addendums (If • Director of Finance must review all • Preparing the addendum using
applicable) addendums prior to being posted the template supplied by the
• Post addendum, make a copy and Buyers
file • Forward the addendum to the
• Print and file the Jist of all plan Director of Finance for review
takers the addendum has been • It is recommen.ded that addenda
emailed to be issued no later than four ( 4)
calendar days before the date of
closing
• An extension to the closing must
be discussed with the Director of
Finance
• If addendum is issued by
Consultants the copy must be
sent to the Buyers
10 Bid Opening • Print the plan takers Jist • Take part in signing the bidding
• Open formal bids and review for documents if required
comoliance with resoect to orooer
Page4
documents being included as
required by the applicable bid
document at time of closing
• Post bid summary (RFT only) on
website
• Keep pricing envelope when Two-
Envelope Submission Required
(RFP's only)
• Keep original submissions in
purchasing folder
• All bids are closing at
11 Bid EValuation • Notification to vendors as applicable • Development of RFP evaluation
(Notice of disqualification, late bids, criteria, weighting and
etc.) evaluation forms for conducting
• Supply evaluation matrix excel analysis of proposals
spreadsheet with all information to • Establish Evaluation Team
project manager • Distribution of the RFP
• Take part in evaluation of RFP's submissions to the ET Members
• Lead negotiation with bidders
• Notification to vendors of
award/unsuccessful status if
required
12 Budget Review • Assure that the bid is within
approved council budget
• Work with finance on over
budget projects
13 Council Report • Assist User Department with reports • If required, prepare reports to
Approval to Council for award Council for award; send to
Buyers for comments and
approval signature
• Prepare report to Council for all
pre-budget approval or post-
budget amendment items
• Ensure that
contracts/agreements related to
the award of RFQ, RFT and RFP's
are consistent with the bid
document requirements
• Supply copy of council report to
the Buyers
14 Awarding of Bid • Notify the vendors as applicable • Retain files as appropriate
(Notice of disqualification, late bids • Contact the Director of Finance
etc.) in case of possible
• Lead negotiation with bidders disqualification or rejection of
• Retain procurement related files as bid, or to proceed with
necessary negotiation
• Store all related document in filing • Submit all related documents
cabinet at Buyers for 2 years prior (See section 15 of this table)
to moving it to archives • Email results to Purchasing
PageS
15 Documents required by • Printed Copy of IBid Document • Printed Copy of IBid
Purchasing at • List of Subscribers Document
Conclusion A list of potential suppliers who are A copy of tender approved by
notified by email about the bid Council
opportunity Electronic copy of all bid
• Printed Copy of all Addend urns documents can be emailed to
A copy of any addendum issued Buyers
A list of "Plan Takers" who are • Council Report
notified by email that addendum A copy of Council report if
was issued applicable
• List of Pian takers • A copy of the Purchase Order
The list of all plan takers who were or Contract
notified about the addendum being A copy of the purchase order,
posted by email invoice and/or contract
• A copy of the bid results • Other
The list of plan takers/bidders dated All other pertinent information
and signed by 3 Town employees such as correspondence, emails
during bid opening indicating all etc.
bids received and/or price (except
for RFP)
The User Department receives copy
of this document
• Newspaper Ads
A copy of any media
advertisements such as ads in
newspapers
• Site Meeting
A copy of site meeting attendees
• Copy ol' Executed Contract
Signed copy by Mayor and clerks
• Other
All other pertinent information such
as any bonds, certified cheques,
WSIB certificates etc.
Page6
!
ITEM
APPENDIX "E"
CHART OF BID IRREGULARITIES OR NON-COMPLIANCE
Notes:
• The following list of irregularities should not be considered exhaustive.
• This chart of bid irregularities shall apply only where an irregularity exists with respect to
a stated requirement of a relevant competitive bid document (e.g. an RFT or RFP)
e Where notice of a specified time period to correct an irregularity has been given, and that
lime period has elapsed without the correction having been made, the bidder shall be
deemed to be in default and, where applicable, the bid deposit shall be forfeited. The bid
shall be given no further consideration for award.
IRREGULARITY RESPONSE
GENERAL
1. Bidder, at the time of submission, is not Rejection.
registered to carry on business in Ontario
Rejection. The submission will not be
opened. Submission to be returned to bidder.
2. late submissions. Should it not be clear as to the bidder's name
and address then the package will be opened
solely to access this information.
3. Unsealed submission package. Rejection.
Bidder has not been previously qualified under Rejection.
4. a related pre-qualification process, where
applicable.
Failure to have a representative in attendance Rejection.
5. and registered at a mandatory attendance
site/information meeting,
6. Submission not completed in a non-erasable Rejection.
medium or sianed in ink.
Failure to include the Form of Tender, Rejection.
7. Quotation, Proposal or Pre-Qualification, as
· may be applicable.
8. Omission of a detail indicated to be mandatory. Rejection.
Rejection unless, in the opinion of the
9. Forms that compose the submission Director of Finance, the missing infoimation
documents are not completed in their entirety. is minor and would not adversely affect an
award decision.
Conditional bids (bids qualified, based on a Rejection unless, in the opinion of the
Director of Finance, the qualification or 10. bidder's condition or restricted by an appended restriction is minor and would not adversely statement). affect an award decision.
Page?
ITEM IRREGULARITY RESPONSE
Bids containing clerical errors that do not result Two (2) business days to correct and initial.
11. in any ambiguity with respect to the overall
submission or award decision, in the opinion of
the Director of Finance.
Two (2) business days to initial changes. The
12. Un-initialed changes to the submission. Town reserves the right to waive the initialing
requirement and accept the submission as
corrected.
13. Signature missing. Rejection.
14. Failure to include required supplementary Two business days to submit.
copies of the original at time of submission.
15. Failure to acknowledge addenda. Rejection.
When contact is made with any person at the Rejection
16. Town other than the individuals outlined in the
Bidder's Instructions.
Despite the provisions herein contained,
17. Any irregularity or non-compliance. Council may waive any irregularity or non-
compliance.
PRICING
Failure to include the schedule(s) of items & Rejection.
18. prices, price form or price details, as may be
applicable, for inclusion with the submission.
Pricing appears to be unbalanced to the extent Rejection.
19. that it may have a significant adverse effect to
the Town if awarded, in the opinion of the
Director of Finance.
BID DEPOSIT ,
20. Bid deposit or Bid Bond not submitted with bid. Rejection.
20. Bid deposit or Bid Bond amount is insufficient Rejection.
by more than $1. 00.
21. Surety provider's or Bidder's authorized Rejection.
signature missing from Bid Bond.
22. Effective period of Bid Bond is less than the Rejection.
period set out in the bid documents.
AGREEMENT TO BOND
23. A~:~reement to bond not submitted with bid. Rejection.
24. Agreement to bond not in the form specified. Rejection.
25. Agreement to bond amount is insufficient by Rejection.
more than $1.00.
26. Surety provider's or bidder's authorized Rejection.
signature missing from agreement to bond.
PageS
ITEM IRREGULARITY RESPONSE
POST AWARD NOTIFICATION
27. Failure to execute required bonding or financial Rejection and bid deposit forfeiture.
security_ within the prescribed time period.
Failure to execute a contract within the Rejection and bid deposit forfeiture.
28. prescribed period.
Failure to provide supporting documents, as Rejection and bid deposit forfeiture.
29. specified within the bid document and within
the prescribed period.
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