FORM OF TENDER 19/2014 SUPPLY AND DELIVERY OF GLASS OVERLAY REFLECTORIZING BEADS

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1 FORM OF TENDER 19/2014 SUPPLY AND DELIVERY OF GLASS OVERLAY REFLECTORIZING BEADS For The Corporation of the City of Thunder Bay -- Traffic and Street Lighting Stores -- Legal Name of Firm Mailing Address City Postal Code Telephone Number Cellular No. Fax Number Name of Contact Person Please Print Name Address Signature of Authorized Official Date This form must be completed, properly signed and received on or before the date and time specified, or your tender will not be considered. Closing Date and Time 12:00 noon, local time Tuesday, April 29, 2014 Tenders are to be Delivered to: City of Thunder Bay Supply Management Division Victoriaville Civic Centre (main floor) 111 Syndicate Avenue South Thunder Bay, ON P7E 6S4 THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED

2 Page 2 of 11 INFORMATION TO BIDDERS Definitions Bidder(s): means all persons, partnerships or corporations who respond to this tender and includes their heirs, successors, and permitted assigns. City: means The Corporation of the City of Thunder Bay. Contract: means the agreement to be entered into between the Successful Bidder and the City with respect to the supply of the Goods and or Services. It shall be based upon this Form of Tender, with any agreed upon amendments, and shall include any plans and specifications and will be held to cover the supply of any and all work, labour, implements and materials that could be reasonably required to properly and satisfactorily supply the Goods or Services. Form of Tender: means this Tender document including all schedules, parts and attachments, as issued by the City, including any addenda or amendments made to it after initial issue. May: Used in this document denotes permissive. Must/Shall/Will: Used in this document denotes imperative. Successful Bidder: means the Proponent/Contractor/Bidder whose tender is/are accepted and who has/have agreed to supply the Goods and/or Services as outlined herein. Document Fee: The City charges a non-refundable fee of $35.00 (inclusive of taxes) for documents payable by cheque, cash or debit. If downloaded, the fee is to be included in the submission. Submission Tenders will be received in duplicate and on the form provided, in a sealed envelope, by deposit in the locked tender box in the City Supply Management Office at 111 S. Syndicate Avenue, Victoriaville Civic Centre (main floor), Thunder Bay, Ontario, P7E 6S4. Consideration will be given to your tender if received in the Supply Management Office not later than the date and time shown on the front page. Tender will be opened publicly in the board room of Supply Management Office, Victoriaville Civic Centre at 1:30 p.m. of the same day. Facsimile, , or telephone submissions will not be accepted. Late Submissions Tenders received after the deadline will not be considered. The City will assume no responsibility for submissions that do not arrive in the Supply Management Office by the specified closing date and time. Late submissions will be returned unopened to the bidder.

3 Page 3 of 11 Grounds for Disqualification of Submission The City will disqualify or deem submissions non-compliant for the following reasons, unless otherwise noted in this document: Failure to submit documents in accordance with the closing date and time on the cover page or subsequent agenda. Failure to complete and sign tender on the form provided. Failure to comply with any of the mandatory requirements. Litigation No bid shall be accepted from any Contractor, its principals, directors or any officer of that firm, or another related person (as determined by the Manager Supply Management, in his or her sole and unreviewable discretion), with whom the City is engaged in unresolved litigation. Questions/Inquiries Communications concerning this Form of Tender are to be in writing and directed to; Vicki Gagné-Smith (or designate) Supply Management Division Phone (807) Fax (807) vgagne-smith@thunderbay.ca Inquiries must not be directed to other City employees or Elected Officials. Directing inquiries to other than those designated may result in your bid being rejected. The deadline for questions/inquiries will be Tuesday, April 22, 2014 at 12:00 noon. All clarification requests are to be sent in writing to the individual mentioned above. No clarification requests will be accepted by telephone. Acknowledgement of Addenda Any and all changes will be issued by Supply Management in the form of a written addendum. If addenda are issued, their receipt is to be acknowledged by the bidder in the appropriate section of the tender document. The City will assume no responsibility for oral instructions or suggestions. Addenda will be provided to all who have registered with the City Supply Management Division as well will be posted on the City s website for download It is the bidder s responsibility to check the website prior to closing for any issued addenda. The City will assume no responsibility for any addendum not received. All bidders are to indicate and confirm the following on the line below: Number of Addenda received:

4 Page 4 of 11 Review of Requirements All bidders should carefully review this solicitation for defects or questionable matter. Comments or the need for clarification must be made in writing. Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Supply Management Division as per the terms set out in this tender. References The submission of a tender authorizes the City to contact all references provided. Failure to provide references & details of experience may result in this submission not being considered. Qualifications Submissions will be evaluated from firms or individuals that can demonstrate that they have the necessary staffing, facilities, experience, ability and financial resources to perform the work in a satisfactory manner. Proven track record must be demonstrated. The City reserves the right to inspect the bidder s facility and to perform such investigations as may be deemed necessary to insure that competent personnel and management and suitable equipment/material will be used in the performance of this contract. Freedom of Information All submissions to the City become the property of the City, and as such, are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. This will confirm that the City will not use/disclose the information provided, without proper authorization, and will keep the information in a physically secure location to which access is given only to staff requiring access. Indemnity The successful bidder shall indemnify and hold the City harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any acts or omissions either in negligence or in nuisance whether wilful or otherwise by the bidder, it s agents, officers, employees or other persons for whom the bidder is legally responsible. Attachments Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations Metric OPSS 1750 December 1983

5 Page 5 of 11 Rights Reserved by the City Submission of a tender indicates acceptance by the firm of the conditions contained in this tender, unless clearly and specifically noted in the document and in any contract between the City and the firm(s) selected. The City reserves the right without prejudice to accept or reject any or all submissions and to waive technical defects, irregularities, formalities and omissions at its sole discretion, if in doing so, the best interest of the City will be served. The City is not responsible for any costs incurred by the bidders in the preparation of their response to the tender. The City will not accept responsibility for any delays or costs with any reviews or approval process. The City reserves the right to be the sole judge of the acceptability of the material offered, and to purchase the material which in its opinion most closely meets the operating requirements of the using department. The City, unless it otherwise states, reserves the right to award by item, or part thereof, groups of items or all items of the tender, and to award contracts to one or more bidders submitting identical bids as to price; to reject any and all submissions in whole or in part; to waive technical defects, irregularities and omissions, and to negotiate minor changes, if in so doing, the best interests of the City will be served. The City reserves the right to award this contract in whole or in part without recourse or penalty that which is deemed most advantageous to the City. The City reserves the right to cancel this tender without cause and without incurring any liability whatsoever if deemed in the best interest of the City to do so. The City reserves the right to terminate the contract without notice if due to non-performance and unsatisfactory service and unsatisfactory product performance. The City reserves the right to call in alternate services if the proponent is unable to provide the service when it is requested.

6 Page 6 of 11 SPECIFICATIONS - In General The City requires the Supply and Delivery of Glass Overlay Reflectorizing Beads (Product) for its annual Road Marking Program. The Product supplied must be in accordance with OPSS 1750 December 1983 (or latest established MTO standards) and approved by the Ministry of Environment, MTO, (and any such agencies) for its intended use. Term of Contract is for the 2014 season. All goods shipped under this contract shall be in conformity with the Transportation of Dangerous Goods Act, January 18, 1985, and latest revisions thereof. The successful bidder will be responsible for all material, labour, equipment and anything else required for the supply and delivery of the Product in accordance with the general specifications and terms described herein. The shipper and/or carrier must process all proper documentation. All shipments must comply with WHMIS Classification, Labelling and MSDS Requirements, in strict accordance with WHMIS Legislation or shipments will be refused by the City. All suppliers are to submit a Material Safety Data Sheets (WHMIS Sheet) for the product with this tender. For the duration of this contract the City reserves the right in its sole discretion to refuse acceptance of any shipment whole or in part which is determined to be incompatible with standard handling practices and procedures. In all such cases the City shall not be liable for any losses or consequential damage sustained by the supplier. The specifications in this request are the basic minimum requirements that are necessary to obtain the desired performance, reliability and low cost of operation and maintenance. The contract will be awarded to the lowest responsible bidder who is a recognized manufacturer or representative of the product offered and whose bid complies with all the provisions of the specifications. Product being offered must be proven in a municipal operation and accepted by the City. All material specified in this Form of Tender may be subject to Approval by City Council and Budget Funding. Health & Safety The City recognizes and promotes good health and safety in order to prevent injuries and occupational illnesses. Successful bidder(s) must be prepared and will be expected to demonstrate, illustrate and make aware of all applicable features of the equipment being purchased by the City in regards to health and safety concerns. Failure to comply with Safety Regulations may result in the immediate cancellation of this contract. Safety Features The equipment supplied must meet all municipal, provincial and federal regulations which are in effect on the date of manufacture of the unit.

7 Page 7 of 11 C.S.A. Approved All material supplied must be approved by the Canadian Standard Association and bear labels as such. Delivery, Acceptance and Payment Delivery of material is of the essence and may be considered as part of the award. The City will not make any payment until all items/terms applicable to this tender have been included/completed to the entire satisfaction of the City. Bidder(s) shall not assume that physical delivery to the City implies full acceptance of the material. It is anticipated the award will be made within five (5) calendar days of the closing of this tender. Should the supplier not be able to meet the delivery date specified, an alternate date may be provided for consideration. Date: The Carrier is responsible to contact the below Storekeeper to make the necessary arrangements for delivery: TIM BRADING (Storekeeper) Phone: (807) Fax: (807) tbrading@thunderbay.ca The Product is to be clearly marked and delivered in one (1) shipment the week of May 12 May 16, 2014 to: Traffic and Street Lighting Stores 625 Cumberland St. N. Thunder Bay, Ontario No loading dock is available. Forklift and operator will be supplied by the City for unloading. Interpretation of Estimates The quantities shown on the tender form are estimated only and shall be used as a basis for calculation upon which the award of the contract will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the city, whether decreased or increased. Quantities shown are estimated requirements only and should not be interpreted as either a minimum or maximum commitment.

8 Page 8 of 11 SPECIFICATIONS - In Detail Material: Packaging: Brand: Colourless glass beads for drop-on application; reflective index, roundness, imperfections and size must be in conformance with Canadian Government Specifications 1-GP-74C, or its latest revision and OPSS lb. bags, multi-wall, each indicating contents, manufacturer s names, and code. 40 x 50-lb bags (2,000 lbs.) per pallet. Manufacturer s Name: Estimated Quantities for 2014 Brand Name: 26,000 lbs. (500 X 50 lb. bags = 13 pallets of 40 bags per pallet) Brochures Manufacturer s standard descriptive literature/brochures must accompany the tender form including pictures and Important Features Clearly Marked. Warranty The performance and material warranty should be fully stated and attached to the tender submission. Dealer should supply a full description of all extended warranties available including any additional costs. Manuals Operator s manual to be supplied. All applicable manuals and maintenance lists are to accompany the unit upon delivery to be considered complete. Technical Service Bulletins All Technical Service Bulletins (TSB s) applicable to unit offered are to be supplied and forwarded as they are issued to: City of Thunder Bay Traffic & Street Lighting Stores 625 Cumberland St. N. N. Lillie Street Thunder Bay, Ontario P7C 5Y2 Attn: Dave Hardick Supervisor, Supply Management (Inventory Control & Couriers) Phone: (807) Fax: (807) Address: dhardick@thunderbay.ca

9 Page 9 of 11 Bidders are asked to submit information on the following: Shipping and handling of the product: Technical service availability: State the company s contact personnel and their phone no. and fax no.

10 Page 10 of 11 References List current or past users of the products being offered and the locations where they were used, including the contact names and phone numbers and some description of the length and scale the operation. 1) 2) 3) 4)

11 Page 11 of 11 SCHEDULE OF PRICING SUPPLY & DELIVERY OF GLASS OVERLAY REFLECTORIZING BEADS For the City of Thunder Bay Traffic and Street Lighting Stores I/We, the undersigned, do hereby tender and offer to enter into contract with the Corporation of the City of Thunder Bay for the Supply and Delivery of Glass Overlay Reflectorizing Beads, in accordance with the attached "City Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations" and all the specifications and terms of the City s tender which are set forth below and attached at the prices indicated in the space provided for that purpose, all to the entire satisfaction of the Manager - Supply Management or his appointed agent. The price(s) quoted Include all duty, taxes (other than HST), customs, clearances, cartage, freight and all other charges now or hereafter imposed or in force and is a Total Firm Price. Harmonized Sales Tax (HST) to be Extra and must be shown separately on invoicing. A CASH DISCOUNT of % will be allowed if accounts are paid within days after the receipt of the bill for goods that are acceptable. Terms of Payment (cash discount) will be taken into consideration as part of the award. I/We agree that the City has the right to purchase the Product which in its opinion most closely conforms to operating conditions. I/We guarantee DELIVERY of the Product to Traffic and Street Lighting Stores, 625 Cumberland St. N., Thunder Bay, Ontario, during the week May 12 May 16, I/We offer the Supply and Delivery of GLASS OVERLAY REFLECTORIZING BEADS as follows: 26,000 lbs. at $ /lb. (HST EXTRA)

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14 From: Ph: City of Thunder Bay Supply Management Division Victoriaville Civic Centre 111 Syndicate Ave S (main floor) THUNDER BAY ON P7E 6S4 CLOSING DATE TENDER # When Downloading Tender Documents, cut or fold this page in half and Affix this ADDRESS LABEL to your tender submission envelope. Please indicate the Tender #. Also include your firm s name in the top left corner.