REQUEST FOR QUOTATION for MUNICIPAL DRAIN MAINTENANCE WORK RFQ-DM NO. XXXXX. DRAIN NAME ~ XXX Drain

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1 DEVELOPMENT SERVICES ENGINEERING DIVISION MUNICIPAL DRAIN SECTIONS Doc. ID No.: T4 Rev.0, April 2014 REQUEST FOR QUOTATION for MUNICIPAL DRAIN MAINTENANCE WORK RFQ-DM NO. XXXXX DRAIN NAME ~ XXX Drain OFFICIAL CLOSING TIME: 11:30 AM, LOCAL TIME on Friday, April 18, 2014 BID SUBMISSION TO: INQUIRIES: INQUIRY DEADLINE: CITY OF KAWARTHA LAKES ENGINEERING DEPARTMENT Attn: Juan Rojas, Manager of Engineering P.O. Box 9000, 12 Peel Street Lindsay, ON K9V 5R8 Paul Herlihey Municipal Drainage Superintendent tel: ext fax: peherlihey@city.kawarthalakes.on.ca Inquiries are to be ed to the above no later than 11:30 AM: Wednesday, April 02, 2014 I/WE, THE BIDDER, HEREBY OFFER TO SUPPLY TO THE CORPORATION OF THE CITY OF KAWARTHA LAKES, SUBJECT TO THE TERMS AND CONDITIONS OF THIS REQUEST FOR QUOTATION, THE ITEMS LISTED HEREIN: NAME OF COMPANY STREET ADDRESS CITY/TOWN POSTAL CODE TELEPHONE NUMBER FAX NUMBER NAME OF CONTACT PERSON TITLE ADDRESS NAME OF PERSON SIGNING FOR THE COMPANY TITLE TOTAL BID AMOUNT (including applicable taxes) $ THIS SHEET WILL BECOME THE COVER PAGE OF YOUR RETURN BID Shared (s:) Workgroup/005-Municipal Drainage/Templates/RFQ XXX Template Mun Drain Clean Out

2 SECTION PAGE NO. Cover Page 1 Table of Contents 2 Declaration of Disclosure 3 General Terms & Conditions 4 Instructions to Bidders and Terms and Conditions 5-16 Specifications Quotation Form ATTACHMENTS: Appendix A Drawings N0. of PAGES x Page 2 of 15

3 DECLARATION OF DISCLOSURE TO: THE CORPORATION OF THE CITY OF KAWARTHA LAKES 1. I/WE DECLARE that no person, firm, or corporation other than the one whose proper officers are indicated below, have any interest in this Quotation or in the Contract. 2. I/WE FURTHER DECLARE that this Quotation is made without any connection, knowledge, comparison of figures or arrangement with any other Company, or person making a similar Quotation and is in all respects fair and without collusion or fraud. 3. I/WE FURTHER DECLARE that no City employee, or member of Council (or their families) is, or will become interested directly or indirectly as a contracting party or otherwise, in the performance of the Contract or in the supplies, work or business to which it relates or in any portion of the profits thereof, or of any such supplies to be used therein or any of the monies to be derived therefrom. 4. I/WE FURTHER DECLARE that the statements contained in the Quotation are in all respect true. 5. I/WE FURTHER DECLARE that I/WE have examined the locality and site(s) of the proposed Works, as well as all the Specifications relating to them, prepared, submitted and rendered available on behalf of the City and hereby acknowledged to be an integral part of the Contract. 6. I/WE hereby propose and offer to enter into the Contract on the terms and conditions and under the provisions set forth in this RFQ and to accept in full payment therefore the sums calculated in accordance with the actual measured quantities and unit prices or lump sum prices, attached to the Quotation. 7. I/WE AGREE that this Quotation is an offer which is to continue to be open for acceptance until the City issues a Purchase Order or a formal Contract is executed by the successful Bidder or for 90 calendar days following this RFQ Official Closing Time, whichever occurs first and that the City may at any time within that period, and without notice, accept this Quotation whether any other Quotations had been previously accepted or not. COMPANY NAME: PRINT NAME OF SIGNING OFFICER: POSITION/TITLE: SIGNATURE: DATE: Page 3 of 15

4 INSTRUCTION TO BIDDERS AND GENERAL TERMS AND CONDITIONS 1. GENERAL The City of Kawartha Lakes is soliciting Bids from qualified Companies for the Goods/Services specified herein. Submission of a Bid in response to this Request for Quotation (RFQ) shall confirm the Bidders agreement and ability to comply with all of the Terms and Conditions, Instructions to Bidders, Specifications and Drawings, where applicable, outlined herein. 2. DELIVERY OF BIDS Submit one copy of the Quotation, in a sealed envelope to: CITY OF KAWARTHA LAKES ENGINEERING DEPARTMENT Attn: Juan Rojas, Manager of Engineering 12 Peel Street Lindsay, ON K9V 5R8 Bids will not be considered unless: Received by the date and time specified; and Received at the address specified above; and Contains the signed Quotation Form, signed by an officer with authority to bind the Company. Bids in response to this RFQ, must be submitted in a sealed envelope, or by facsimile or electronic delivery. The use of mail or courier services for delivery of a Bid will be at the Bidder s risk. A Bid will only be considered as being delivered if it is in the possession of the above noted representative or designated agent before the Official Closing Time. Bids received after the Official Closing Time will be returned to the Bidder, unopened. The City shall not be responsible for any costs incurred by any Bidder to prepare and submit Bid Documents related to this RFQ. Bids will be opened after the Official Closing Time as specified herein. 3. PREPARATION OF BIDS All Bids must be submitted on the Bid Documents as provided by the City. All information requested in the Bid Document must be submitted and be correct. Unless otherwise stated, all items shall be priced based on unit or lump sum prices as specified. Bids that; are incomplete, include additional, uncalled for information, are conditional, obscure, contain erasures, alterations or other irregularities, will be subject to rejection. The Bid must be signed by a designated signing officer with the authority to bind the Company. Completion of the Tender Form and Declaration of Disclosure as supplied, is required. The City shall be the sole judge in determining whether a Bid is compliant. Page 4 of 15

5 4. RIGHT TO ACCEPT OR REJECT BIDS RFQ s will be issued and Bids received, evaluated, rejected or accepted and processed, in accordance with the City s Purchasing By-law. The City of Kawartha Lakes, in its sole discretion, reserves the right to reject any or all Bids, including, the right to reject any Bid from a Bidder if: The Bidder has not performed works for previous Contracts in compliance with the Contract Documents; The Bidder has previously provided Goods/Services in an unsatisfactory manner; The Bidder failed to satisfy an outstanding debt/obligation to the City; There have been past bad dealings between the City and the Bidder; The City determines that the Bidder does not have sufficient experience in the supply of the Goods/Services; or The City has concerns with the financial ability of the Bidder to perform the Contract. The City reserves the right to waive irregularities and/or omissions in order to serve the best interests of the City; doing so, may result in acceptance of a Bid other than the lowest. No liability shall accrue to the City for its decision in this regard. 5. CLARIFICATION/ADDENDA It will be the Bidder s responsibility to clarify any details in question before submitting a Bid. All official correspondence should be directed to the Engineering Section, Attention: Drainage Superintendent. The deadline for submitting inquiries is as noted on the cover page. Clarification responses may not be possible for any requests for clarification received after this date. The City will assume no responsibility for oral instructions or suggestions. Any and all such supplemental instructions if issued, will be in the form of written Addenda, and will be forwarded to all Bidders that have been issued the Bid Documents. Failure of any Bidder to receive any such Addenda shall not relieve such Bidder from any obligation under their Bid as submitted. Addenda issued to Bidders, shall become part of the Bid Documents, and all Bids shall include the Work described in the Addenda. 6. ACKNOWLEDGEMENT By submitting a signed Bid, the Bidder acknowledges that they have read, completely understand and accepts the terms and conditions and instructions of this RFQ in full. 7. CONFIDENTIALITY Confidentiality of records and information relating to this Work must be maintained at all times. All correspondence, documentation and information provided by City staff to any Bidder in connection with, or arising out of this Request for Quotation (RFQ) or the acceptance of any Bid: remains the property of the City; must be treated as confidential; must not be used for any purpose other than for replying to this RFQ, and for fulfillment of any related subsequent Contract. Page 5 of 15

6 All correspondence, documentation and information provided to staff of the City by any Bidder in connection with, or arising out of this RFQ, and the submission of any Bid will become the property of the City, and as such, subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), and may be released, pursuant to the Act. 8. PRICES Prices quoted are to be in Canadian funds and are to remain firm and irrevocable and open for acceptance by the City for a period of 90 calendar days after the Official Closing Time indicated herein. Unit prices or lump sum prices quoted must be considered to be fair market prices and balanced. Prices quoted must include all incidental costs, including, but not limited to; labour, equipment, travel time, customs duty, excise tax, freight, insurances, fuels, energy costs, etc., and the Bidder shall be deemed to be satisfied as to the full requirements in the Bid Documents. No claim for extra work will be entertained and any additional work must be authorized by the City in writing prior to commencement. Prices submitted must be firm for the duration of the Contract. 9. QUANTITIES The quantities indicated are estimated requirements, and are furnished without liability to the City and shall be used as a basis for comparison only. Should actual quantities, during the duration of the Contract increase or decrease, the unit prices submitted shall remain the same. Payment will be based on actual Good/Services received and accepted by the City. 10. PROVISIONAL ITEMS Items listed as provisional may or may not be included in the Contract Award. The City reserves the right to diminish all or any portion of the items, listed as provisional at any time before, during or after the Contract Award and no claim shall be made for damages on grounds of loss of anticipated profit or for any other reason. 11. ARITHMETIC CORRECTIONS Bidders must pay specific attention to their arithmetic calculations to ensure that unit prices, lump sums or stipulated prices are correctly extended. In cases of discrepancies between unit prices and extensions, unit prices shall prevail. The City reserves the right to make all necessary corrections to arithmetical errors that may be discovered during analysis of the Bids, such as; incorrect extensions, incorrect additions, misplaced decimals and to adjust the tax calculation and total Bid amounts accordingly. All Bidders shall be bound by such corrections. Page 6 of 15

7 12. BID EVALUATION Evaluation of Bids received will take into consideration, but not be limited to: overall Contract price commitment, lowest unit price savings; Bidders ability to provide all items listed; Bidders ability to provide the Goods/Services as and when specified; and Bidders proof of experience and ability to perform the Work, etc. 13. RESOURCE COMMITMENTS The Company shall perform the Work with that degree of care, skill and diligence normally provided in the performance of such Work as described herein. The Company must make available the appropriately skilled workers, consultants or sub-consultants, as appropriate, who will be under the supervision of a senior member of the Company s staff. The Company must be able to provide the necessary materials, tools, machinery, supplies, etc., to carry out the Work. These resources must be available on a dedicated basis, as required, to carry out the Work with due care, skill and efficiency. The Company will ensure that staff assigned to work on this Project have the necessary education, licenses and certifications where necessary. The Company will also ensure that the items addressed in this RFQ are completed or addressed to the satisfaction of the City. 14. ADDITIONAL RESOURCES In the space provided on the Quotation Form, Bidders must identify any/all additional resources/areas where they intend to use sub-contractors/sub-consultants. If none are required, the Bidder shall indicate, Own Forces. The lump sum price Bid must include all costs for these additional resources. All payments for these services will be made to the successful Contractor. The City will not make payment for services provided by any sub-contractor/sub-consultant directly to them. 15. CONTRACT AWARD The City reserves the right to Award the Contract in part or in whole, by item, or groups of items to one Bidder or several Bidders. The City is not bound to accept the lowest or any Bid. The date of the Contract Award shall be the date on which the City forwards notification of acceptance of the Bid to the Company. No Contract shall be Awarded to any person or corporation or any affiliate, subsidiary or related person thereto, who, or which, has a claim or has instituted a legal proceeding against the City or against whom the City has a claim or has instituted a legal proceeding with respect to any previous Contract. 16. CONTRACT The Bid Document as issued, including all addenda and the Bid submitted become part of the Contract and will be executed in the form of a written agreement or purchase order. None of the conditions contained in the Bidders own, standard or general conditions of sale shall be of any effect unless explicitly agreed to by the City in writing. Page 7 of 15

8 The Company shall be bound to enter into the Contract and to provide to the City all documents, certificates, etc., as detailed in the Bid Document. Failure of the Company to enter into the Contract shall be just cause for the cancellation of the Contract Award and the Company may be subject to having their Bids rejected for future Bid opportunities. 17. CONTRACT ASSIGNMENT The Company shall not be permitted to assign or transfer any portion of the Contract. 18. INSURANCE Without restricting the generality of Indemnification, the Company is required to maintain the following insurance coverage for the entire term of the Contract and any subsequent maintenance period. The Company shall provide the City of Kawartha Lakes with proof of insurance in the form of a certificate of insurance, or, if required by the City a copy of the policy. Proof of the insurance coverage shall be in a form satisfactory to the City, prior to commencement of any Work being performed. It is understood and agreed that the coverage provided by these policies will not be changed or amended in any way, nor cancelled by the Company until 60 days after written notice by registered mail of such change or cancellations has been delivered to the City of Kawartha Lakes. There are to be no lapses in insurance at any time during the Contract. Failure for the Company to keep/maintain its Certificate of Insurance current will result in the Contract being terminated. The minimum insurance requirements of the City of Kawartha Lakes, in Canadian dollars, shall be as follows: I. GENERAL LIABILITY INSURANCE COVERAGE A limit of not less than $2,000, for bodily injury, including death, personal injury and property damage arising from any, one accident or occurrence. The City of Kawartha Lakes shall be shown as an additional insured. The policy shall include, but not be limited to the following: i. a cross-liability/severability of interest clause ii. completed operations coverage of not less than 24 months (if applicable) iii. blanket contractual coverage iv. non-owned automobile coverage v. contingent employers liability coverage The Company is responsible for any loss or losses within the deductible limit. This policy shall be primary coverage pursuant to which the insurer is acting as first loss insurer against the risk covered and not excess to any other insurance available to the additional insured. II. AUTOMOBILE LIABILITY INSURANCE Automobile Liability insurance with respect to all licensed vehicles, owned or leased by the Company, shall have limits of not less than $2,000, inclusive for bodily injury, Page 8 of 15

9 including death, personal injury and property damage arising from any one accident or occurrence. 19. WORKPLACE SAFETY AND INSURANCE BOARD Prior to commencement of the Work, a Certificate of Clearance from the Workplace Safety and Insurance Board (WSIB), shall be provided indicating that all payments by the Company to the Board have been made. All of the Company s personnel must be covered by WSIB, at the Company s expense. Clearance certificates shall be automatically supplied to the City, every 60 days throughout the term of the Contract. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company's fulfillment of the Contract. For Independent Operators who have elected not to have WSIB coverage, the following shall be provided prior to commencement of the Work: a letter from the WSIB confirming Independent Operator status; and a copy of WSIB optional Insurance providing for long-term disability coverage. The City has the right to reject any Bid it deems to have not provided sufficient WSIB coverage. The Company will ensure that any and all sub-contractors also have valid WSIB coverage. 20. LAWS & REGULATIONS The Company shall comply with all relevant Federal, Provincial and Municipal Statutes, Regulations, Acts and By-laws, and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), pertaining to the Work. The City of Kawartha Lakes embraces and celebrates diversity, fosters an inclusive society based on dignity and respect for all, and the elimination of discrimination. The Company shall be responsible for ensuring compliance with all relevant Regulations, Acts and By-laws pertaining to the Work by its employees, agents or affiliates engaged in this Contract. 21. INDEMNIFICATION The Company shall indemnify and hold harmless the City and its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceedings which may be brought against or made by third parties, directly or indirectly arising or alleged to arise out of the performance of, or failure to perform the Contract as caused by negligent acts, errors or omissions of the Company, its employees or subcontractors, save and except for damages caused by the negligence of the City or its employees. Page 9 of 15

10 The Company shall indemnify and hold harmless, the City from any additional expense which the City may incur to have the Work performed or in respect of any fine, incurred or claim made, as a result of the Company s failure to comply with the requirements of the Occupational Health and Safety Act. 22. HEALTH & SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-Laws, which could in any way pertain to the Work outlined in the Contract or to the employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a Contractor, a Constructor and/or Employer, with respect to, or arising out of, the performance of the Company s obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the City relating to employee health and safety. 23. CHANGES IN THE WORK The City may, without invalidating the Contract, direct the Company to make changes to the Work. When a change causes an increase in services, Supplementary Unit Prices shall be used to calculate fees or, in the absence of such Supplementary Unit Prices, the Contract price shall be negotiated with the Company. When a decrease in requirement occurs, the City shall supply written notification of cancellation of the portion of Contract affected and the fees shall be reduced accordingly at a rate agreed upon by the Company and the City. All such changes shall be in writing and agreed to by the City and the Company. 24. DEFAULT BY COMPANY If the Company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the Company makes a general assignment for the benefit of its creditors; then, in any such case, the City may, without notice, terminate the Contract. If the Company: fails to comply with any request, instruction or order of the City; or fails to pay its accounts; or fails to comply with or persistently disregards Statutes, Regulations, Bylaws or directives of relevant authorities relating to the Work; or fails to prosecute the Work with skill and diligence; or assigns or sublets the Contract, or any portion thereof without the City s prior written consent; or refuses to correct defective Work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the Contract, then, in any such case, the City may, upon expiration of ten days from the date of written notice to the Company, terminate the Contract. Any termination of the Contract by the City, as aforesaid, shall be without prejudice to any other rights or remedies the City may have and without incurring any liability whatsoever in respect thereto. If the City terminates the Contract, it is entitled to: i. withhold any further payments to the Company until the completion of the Work and the expiry of all warranty obligations; Page 10 of 15

11 ii. iii. recover from the Company loss, damage and expenses incurred by the City by reason of the Company s default which may be deducted from any monies due or becoming due to the Company, any balance to be paid by the Company to the City; reject any Bid from the Company for future Contracts. 25. NON-PERFORMANCE The City reserves the right to determine, in its sole and unfettered discretion, nonperformance of the Contract, including the level of quality of the Goods/Services provided and further reserves the right to cancel any or all of the Contract. In the event the Company has failed or neglected to comply with any condition set out in the Contract, the Contract may be unconditionally cancelled by the City without notice. The City s evaluation and determination in this regard shall be final. 26. PERFORMANCE EVALUATION Contractor Performance Evaluation An evaluation of the Contractors performance will be completed as part of this Contract. This evaluation is intended to provide an ongoing comprehensive record of Contractor Performance and may have an effect on recommendations for future Contract Awards. Contractor Evaluation Criteria Contractor will be evaluated based on, but not limited to the follow: Quality of Results Final deliverables as well as deliverables throughout the various stages of the project. Management How the project was managed and overall contractors services. Time Time planning and schedule control. Cost Quality of the cost planning and control during the life of the project. 27. PAYMENT TERMS Payment will be made 30 days after delivery, pursuant to the Company submitting an invoice, Contract requirements being completed and Work being deemed satisfactory by the City. Payments made, including final payment shall not relieve the Company from its obligations or liabilities under the Contract. All invoices to be addressed to: City of Kawartha Lakes Attn: Accounts Payable P.O. Box 9000, Lindsay, ON K9V 5R8 Currently, all payments of approved invoices are made to Companies via "Electronic Funds Transfer" (EFT), instead of by cheque. At the time of Award the successful Bidder(s) for this Contract Award, must complete an Accounts Payable Direct Deposit Form as supplied by the City and provide banking information for EFT deposits. Bank accounts must be held at a financial institute in Canada and all payments will be made in Canadian funds. Page 11 of 15

12 SPECIFICATIONS INTRODUCTION The City of Kawartha Lakes is soliciting Bids from qualified contractors to clean out the XXX Municipal Drain. SCOPE OF WORK The Contractor will be responsible for utility locates. Clean out to be done with an excavator with a wrist-a-twist bucket at a depth of mm. Profile to be 0.10% within tolerance and achieving positive drainage. Existing slopes are not to be disturbed. If any bank slopes are disturbed, it will be determined by the Drainage Superintendent if seeding is required. Excavation shall include the removal of fallen trees and any other debris and the price will be included with the leveling of the spoil as no extra. If any fence is to be removed, it will be replaced by the contractor in the cleanout price. Tile outlets are not to be damaged. The spoil material is to be placed mm in depth beginning at 1.5m from the top of the slope and extending to 8.0m if needed. After the acceptance of the quoted price and communications with some concerned farmers about crop damage, the project may start. The completion of the work will be by DEC 15, With the approval of the Drainage Superintendent an invoice will be accepted. Note: *The measurements are approximate in length* It is the contractor s responsibility to construct the grade of the drain at the percentage grade as directed by the Drainage Superintendent. Notification will be given to the successful contractor within 3 to 5 working days after the closing date. Page 12 of 15

13 PROFILE Main: Station Distance (METERS) Grade (%) Weldon Branch Station Distance (METERS) Grade (%) Archer Branch Station Distance (METERS) Grade (%) Page 13 of 15

14 QUOTATION FORM SCHEDULE OF PRICES For the Supply and Delivery of all labour, resources, equipment, fuel, products and materials necessary to complete the Works described, all in accordance with the Terms and Conditions, Instructions to Bidders and the Specifications as detailed in this RFQ. Item No. DESCRIPTION QTY UNIT OF MEASURE UNIT PRICE EXTENDED TOTAL Drain Work 1. Clean out of main drain (open drain) 2106 m $ 2. Replace Culverts (size) xx ea $ 3 Mark tile outlets (city to supply markers) xx ea $ $ Provisional Items a Excavator for additional work 10 hour b Labourer for additional work 10 hour c Supply and install Straw Bales 5 each d Supply and install Silt Fence 30 M e Truck 10 hour SUB TOTAL HST (forward to cover page) TOTAL BID AMOUNT CONFIRMATION Upon Award, I/We will be able to provide insurance certificates(s) to the City, in the amounts as specified. I/We confirm all of our employees are covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, as amended and provide our current Certificate of Clearance Account Number as follows: I/We have the resources and ability to complete the Works by September 28, INITIAL REQUIRED BIDDER MUST COMPLETE ALL APPLICABLE SPACES & PRICES MUST BE IN CANADIAN FUNDS Page 14 of 15

15 I/We, confirm that the following is a complete list of additional resources and sub-contractors /consultants that will be required in the performance of the Work. If none, indicate, Own Forces. ADDITIONAL RESOURCES - DISCIPLINE SUBCONTRACTOR AGREEMENT TO CONTRACT I/We, (Company Name) Of (Complete Business Address) Having examined this RFQ, including the Instructions to Bidders, General Terms and Conditions and Specifications, as issued by The Corporation of the City of Kawartha Lakes, hereby offer and agree to enter into a Contract to supply and deliver: Clean-Out Maintenance Services for xxx Municipal Drain, as required by this RFQ and at the costs detailed in the attached Schedule of Prices. It is understood, by signing and submitting this Quotation, the undersigned is/are, fully aware of the requirements outlined herein. Furthermore, it is certified that the undersigned is/are, authorized and empowered to sign and submit this Quotation. The Bidder agrees that the awarding of this Contract based on this Quotation shall constitute an acceptance of this Quotation and shall represent the agreement between the City and the Bidder. This Quotation is irrevocable and is to continue open to acceptance by the City for a period of 90 calendar days after the official closing date indicated in this RFQ. THE LOWEST OR ANY QUOTATION NOT NECESSARILY ACCEPTED Signature: (I have the authority to Bind the Company) Print Name: Title: Dated at this day of, 2014 THIS DOCUMENT SHALL BEAR AN ORIGINAL HANDWRITTEN SIGNATURE IN INK, BY AN OFFICER WITH AUTHORITY TO BIND THE COMPANY, AND BE SUBMITTED AS SPECIFIED HEREIN TO BE A VALID OFFER Page 15 of 15