THE CORPORATION OF THE CITY OF LONDON

Transcription

1 THE CORPORATION OF THE CITY OF LONDON TENDER ANYONE DOWNLOADING THIS DOCUMENT AND INTENDING TO SUBMIT A BID MUST ENSURE THAT THEY HAVE REGISTERED WITH PURCHASING AND SUPPLY ON THE CITY OF LONDON S WEBSITE. BY REGISTERING, YOU WILL BE ADDED TO THE BIDDERS MAILING LIST. FAILURE TO REGISTER SHALL RESULT IN YOUR BID BEING DISQUALIFIED. TO REGISTER, PLEASE COMPLETE THE REGISTRATION FORM ON-LINE BIDS MUST BE RECEIVED BY PURCHASING AND SUPPLY IN A SEALED OPAQUE ENVELOPE OR PACKAGE CLEARLY MARKED WITH THE NAME AND ADDRESS OF THE RESPONDER, TITLE OF FILE AND FILE NUMBER. COMPLETED BIDS CAN BE MAILED TO PURCHASING AND SUPPLY, P.O. BOX 5035, LONDON, ONTARIO N6A 4L9 OR HAND DELIVERED (IN PERSON OR BY COURIER) TO PURCHASING & SUPPLY, 267 DUNDAS STREET, 4 TH FLOOR. LONDON, ONTARIO N6A 1H2. RESPONDENTS ARE SOLELY RESPONSIBLE FOR ENSURING BIDS ARE RECEIVED BY PURCHASING & SUPPLY PRIOR TO THE CLOSING DATE AND TIME. FAILURE TO SUBMIT THE BID AS REQUESTED WILL RESULT IN IT BEING DISQUALIFIED.

2 THE CORPORATION OF THE CITY OF LONDON Purchasing and Supply P.O. Box 5035 London, Ontario N6A 4L9 TENDER CHECKLIST 1. Have you properly and clearly completed the on line registration form? 2. Have you complied with the Requirements at Time of Closing Section 2.0? Form of Tender Original Signature in Ink Electrical Utilities Safety Association Membership 3. Have you acknowledged the number of addenda issued in the appropriate space provided in section 6-10 of the Form of Tender? FAILURE TO ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE FORM OF TENDER WILL RESULT IN YOUR BID BEING REJECTED

3 THE CORPORATION OF THE CITY OF LONDON Purchasing and Supply P.O. Box 5035 London, Ontario N6A 4L9 DOCUMENT FEES A) Original Hard Copy Cost is $ Cheque made payable to the City Treasurer. i) upon request the City will mail out a hard copy of the original document, including drawings (if applicable); and ii) notify bidder who was awarded the contract. B) Electronic Copy No fee for this service City of London s website, i) bidders are responsible to check the City s website on an on-going basis for up and coming requirements; ii) iii) iv) bidder is responsible to complete the registration form as instructed on City of London s website; bidder is responsible to download the document they are bidding on; and bidder is responsible to check the website for the award of the contract.

4 BIDDERS PLEASE READ GENERAL CONDITIONS, INSTRUCTIONS & INFORMATION FOR BIDDERS 1. DEFINITIONS PERTAINING TO THE CONDITIONS, INSTRUCTIONS & INFORMATION LISTED BELOW Request for bids: is used in place of request for tender, quote, proposal, and information in the appropriate context Bidder: a person, corporation or other entity that responds, or intends to respond to a request for bids Successful Bidder: a person, corporation or other entity that is awarded the contract or purchase order resulting from a request for bids 2. WARRANTIES FOR USAGE Whenever requests for bids are issued, seeking a source of supply for materials or services, the quantities or usage shown are estimated ONLY unless otherwise stated. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for Bidder s information ONLY and will be used for tabulation and presentation of bid prices and the City reserves the right to increase or decrease quantities as required. 3. BRAND NAMES If and wherever in the specification a brand name, make, name of any manufacturer, trade name or vendor catalogue number is mentioned, it is for the purpose of establishing a grade or quality of material only, unless specified otherwise. Since the City does not wish to rule out other competition and equal brands or makes, the phrase "OR APPROVED EQUAL" may be added. However, if a product other than the specified is bid, it is the Bidder's responsibility to name such product within the submitted document and to prove to the City that said product is equal to the specifications and to submit brochures, samples and/or specifications in detail on item(s) bid. The City shall be the judge concerning the merits of bids submitted. 4. SAMPLES AND DEMONSTRATIONS Evidence in the form of samples may be requested. Such samples are to be furnished after the date of request for bids opening, only upon request of the City, unless otherwise stated in the document. If samples are requested, samples must be received by the City no later than seven (7) days after formal request is made. When required, the City may request full demonstrations of any unit/s bid prior to the award of any contract. Samples, when requested, must be furnished free of expense to the City and, if not used in testing, or destroyed, will, upon request within thirty (30) days of award, be returned at the Bidder s expense. Samples are not to be mailed with bid submission, but must be mailed under separate cover, addressed to Purchasing & Supply, 267 Dundas Street, or P.O. Box 5035, London, Ontario N6A 4L9. 5. QUALITY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this request for bids shall be new. The items must be new, the latest model, of the best quality and highest grade workmanship. 6. ACCEPTANCE OF MATERIAL The material delivered under this request for bids shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein and be fully in accord with the specifications and of the highest quality. In the event the material and/or service supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the product to the seller at the seller's expense. 7. VARIATIONS TO SPECIFICATIONS For purposes of evaluation, Bidders MUST indicate any variances from our specifications, terms and/or conditions, no matter how slight. If variations are not stated or referenced in the space provided on the Form of Tender / Quotation / Proposal, it will be assumed the product or service fully complies with the City s specifications, terms and conditions. 8. DELIVERY Time will be of the essence for any orders placed as a result of this requests for bids. The City reserves the right to cancel such orders, or any part thereof, without obligations if delivery is not made at the time(s) specified. 9. DEFAULT PROVISION In cases of default by the Successful Bidder, the City may take such action as it deems appropriate, including the procurement of the articles or services from other sources and holding the Successful Bidder responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid and seller agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by any such violation. 11. SAFETY STANDARDS The Bidder warrants that the product supplied to the City conforms in all respects to the standards set forth by Federal and Provincial agencies and failure to comply with this condition will be considered a breach of contract. 12. MANUFACTURER'S CERTIFICATION The City reserves the right to request from the Bidder separate manufacturer's certification of all statements made in the bid document.

5 BIDDERS PLEASE READ GENERAL CONDITIONS, INSTRUCTIONS & INFORMATION FOR BIDDERS 13. SIGNED BID TO BE CONSIDERED AN OFFER The submission of an originally signed bid document to the City shall be deemed to constitute an "Offer" which may be accepted, at the option of the City by: a) written acknowledgement of acceptance, OR b) the issuance of a "purchase order" And upon such acceptance the terms, conditions and specifications herein set forth shall be confirmed and binding upon the City and the Bidder. Upon acceptance of the bid, both parties hereto agree to do everything necessary to ensure that the terms of this agreement take effect. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect his right thereafter to enforce such provision or to seek damages for the breach thereof. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings hereunder when such delay or failure is due to fires, strikes, floods, Acts of God or the Queen's enemies, lawful acts of public authorities or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against. 14. ORAL INSTRUCTIONS OR SUGGESTIONS The City will assume no responsibility for oral instruction or suggestions. All official correspondence in regard to the specifications should be directed to and will be issued by the Manager of Purchasing & Supply. 15. DISCREPANCIES AND OMISSIONS Should the Bidder find discrepancies in, or omissions from the specifications, or should he be in doubt as to their meaning, he shall notify the Manager - Purchasing & Supply who may, if necessary, post Addenda to the City s website SPECIFICATIONS No Successful Bidder is relieved from supplying all components necessary to render the material(s) and/or service(s) fit for the use specified in the governing documents merely because detailed specifications on the various components are not set out in the documents. 17. RESERVATIONS FOR REJECTION AND AWARD The City reserves the right to accept or reject any or all bids or parts of bids, to waive irregularities and technicalities and to request rebids on the required material(s). It further reserves the right to award the contract on split-order basis, lump sum or individual item basis or such combination as shall best serve the interests of the City in the opinion of the Manager - Purchasing & Supply and the applicable Department, unless otherwise stated. The City also reserves the right to waive minor variations to specifications (interpretation of minor variances will be made by the applicable Department personnel). 18. BID ATTACHMENTS A response to a request for bids which has attached a condition of sale or any other attachment which alters the specifications, conditions or terms, or makes it subordinate, may be cause for rejection. 19. ADDITIONAL GENERAL CONDITIONS Instructions to Bidders and Information for Bidders dealing with the specific requirements of this request for bids are included in the attached request for bid documents. 20. SUCCESSORS AND ASSIGNS The contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 21. SUB-CONTRACTS The Successful Bidder shall not, without the written consent of the City, make any assignment or sub-contract for the provision of any goods or services hereby bid on. 22. WARRANTY In supplement of, and not by way of substitution for the terms and conditions or any warranty stipulated or implied by law and notwithstanding prior acceptance by the City, the Successful Bidder will at any time within 3 months of delivery thereof, and at their expense replace any goods which are or become defective as a result of faulty or inefficient manufacture, materials or workmanship. 23. LAWS It is agreed that the goods and services supplied shall comply with all Federal laws and other Province of Ontario laws applying thereto.

6 THE CORPORATION OF THE CITY OF LONDON Purchasing and Supply P.O. Box 5035 London, Ontario N6A 4L9 TENDER April 17, 2013 Sealed tenders for Cleaning and Group Re-lamping of Street Lights will be received by Purchasing and Supply, in a sealed envelope with tender documents up to 2:00 pm, Local Time, WEDNESDAY, 1-0 INFORMATION FOR BIDDERS THURSDAY, MAY 16, Tenders received by Purchasing and Supply later than the specified closing time will be returned unopened to the bidder. 1-2 A bidder who has already submitted a tender may submit a further tender at any time up to the official closing time. The last tender received shall supersede and invalidate all tenders previously submitted by that bidder as it applies to this request for tender. 1-3 A bidder may withdraw a submitted tender at any time up to the official closing time by letter bearing a signature and/or seal as in the original tender. Withdrawal requests received after the tender closing time will not be permitted. 1-4 In the event that only one tender is received at time of closing, the Manager of Purchasing and Supply or designate will either open the tender or delay opening of the tender for consultation with the respective Managing Director/ City Manager as to whether to open or reject the tender. A rejected tender will be returned unopened to the bidder. A decision to re-tender will be made respectively by the Manager of Purchasing and Supply and the respective Managing Director/ City Manager. 1-5 The City assumes no responsibility for any verbal (spoken) information from any City staff or from any Consultant firms retained by the City, or from any other person or persons who may have an interest in this Tender. Amendments or changes to this Tender prior to the closing date and time stated herein will only be in the form of written addenda and said addenda will be issued by the Purchasing & Supply Team of the City of London. Any Addendum will be posted on the City's Purchasing & Supply Web Site: It is the bidder's sole responsibility to check this Web Site regularly to inform itself of any posted Addendum. The City makes no promise or guarantee that addenda will be delivered by any means to any bidder. By submitting a bid in response to this Tender, the bidder acknowledges and agrees that addenda shall only be posted on the City's Web Site and it is the sole responsibility of the bidder to check this Web Site for said addenda. FAILURE TO ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE FORM OF TENDER WILL RESULT IN YOUR BID BEING REJECTED 1-6 Bidders are to refer to the General Conditions, Instructions and Information for Bidders. Your tender and any resultant purchase will be based on these conditions unless otherwise agreed to in writing. In the event of any conflict between the General Conditions, Instructions and Information to Bidders and the terms or conditions of this tender, the terms and conditions of this tender shall prevail. 1-7 The City reserves the right to accept or reject any and all tenders. The City further reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interests of the City in the opinion of the Manager of Purchasing and Supply and the applicable Managing Director/ City Manager, unless otherwise stated.

7 TENDER PAGE 2 OF INFORMATION FOR BIDDERS cont d 1-8 Tenders are to remain firm for acceptance for a period of sixty (60) days from date of tender closing date. 1-9 The acceptance and award of the tender and execution of an agreement, contract or purchase order is subject to approval by City Council All prices must be stated in Canadian funds. Prices must also be inclusive of customs, duty and freight If the amount tendered for a unit price item does not agree with the extension of the estimated quantity and the tendered unit price, or if the extension has not been made, the unit price shall govern and the total price shall be corrected accordingly. If both the unit price and the total price are left blank, then both shall be considered as zero. If the unit price is left blank but a total price is shown for the item, the unit price shall be established by dividing the total price by the estimated quantity. If the total price is left blank for a lump sum item, it shall be considered as zero. If the Tender contains an error in addition and/or subtraction and/ or transcription in the approved tender documentation format requested (ie. Not the additional supporting documentation supplied), the error shall be corrected and the corrected total contract price shall govern. Tenders containing prices which appear to be so unbalanced as to likely affect the interests of the City adversely may be rejected By submitting a bid, the bidder acknowledges and accepts all terms and conditions in this bid solicitation document and all policies and procedures in the Procurement of Goods and Services Policy located on the City of London Purchasing and Supply Chain Website. 2-0 REQUIREMENTS AT TIME OF CLOSING Bidders are required to submit the following data with their tender. FAILURE TO DO SO SHALL RESULT IN THE TENDER BEING REJECTED. 1. Form of Tender Original Signature in Ink 2. Electrical Utilities Safety Association Membership 2-1 FORM OF TENDER The Form of Tender must be completed in ink, in full, signed and returned in a sealed envelope clearly marked with the name and address of the Responder, Title of File and File Number. Completed tenders can be mailed to Purchasing and Supply, P.O. Box 5035, London, Ontario N6A 4L9 or hand delivered (in person or by courier) to Purchasing & Supply, 267 Dundas Street, 4 th Floor, London, Ontario N6A 1H2. Facsimiles, Digital Signatures or Photocopies are not acceptable unless specified. Respondents are solely responsible for ensuring bids are received by Purchasing & Supply prior to the closing date and time. 2-2 ELECTRICAL UTILITIES SAFETY ASSOCIATION MEMBERSHIP The successful bidder must be a member of the Electrical Utilities Safety Association and all bidders are required to submit proof the membership with their Form of Quotation.

8 TENDER PAGE 3 OF REQUIREMENTS AT TIME OF EXECUTION Subject to an award of the tender, the successful bidder is required to submit the following documentation in a form satisfactory to the City for execution within ten (10) working days after being notified to do so in writing: 1. Insurance Documents; 2. Clearance Certificate from the Workplace Safety and Insurance Board; 3. Safety Policies and Procedures and Related Documentation; and If the successful bidder for any reason, defaults or fails in any matter or thing referred to under "Requirements at Time of Execution", the City shall be at liberty to retain the money deposited by the successful bidder for use by the City as liquidated damages. In the event of default, the City reserves the right to accept any other bid, advertise for new tenders or carry out the work in any way as the City may, at its sole discretion, deem best. 3-1 INSURANCE INSURANCE AND INDEMNIFICATION: The successful bidder shall at its own expense obtain and maintain until the termination of the contract, and provide the City with evidence of: a) Comprehensive general liability insurance on an occurrence basis for an amount not less than two million ($2,000,000) dollars and shall include the City as an additional insured with respect to the successful bidders operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners and contractors protective, products and completed operations, contingent employers liability, cross liability and severability of interest clauses. b) Automobile liability insurance for an amount not less than two million ($2,000,000) dollars on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The City reserves the right to request such higher limits of insurance or other types of policies appropriate to the work as the City may reasonable require. c) The successful bidder shall not commence work until such time as the required bond has been approved by the City Treasurer and satisfactory the evidence of insurance has been filed with and approved by the Risk Management Division of the City. The successful bidder shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date of the duration of the contract. d) 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 nuisance whether willful or otherwise by the successful bidder, its agents, officers, employees or other persons for whom the successful bidder is legally responsible.

9 TENDER PAGE 4 OF REQUIREMENTS AT TIME OF EXECUTION cont d 3-2 WORKPLACE SAFETY & INSURANCE BOARD a) The successful bidder shall furnish a WSIB Clearance Certificate indicating their WSIB firm number, account number and that their account is in good standing. This form must be furnished prior to commencement of work, every sixty (60) days or upon receipt of a Clearance Certificate from WSIB throughout the contract and must be submitted with final invoice before payment is made. The successful bidder further agrees to maintain their WSIB account in good standing throughout the contract period. b) If the successful bidder is a self employed individual, partner or executive officer who does not pay WSIB premium and is recognized by WSIB as an independent operator a letter from WSIB acknowledging independent contractor status and confirming that WSIB cover is not required must be provided to the City prior to commencement of work. 3-3 SAFETY POLICIES AND PROCEDURES AND RELATED DOCUMENTATION Required information to be submitted at Time of Execution: The successful bidder shall submit one (1) copy of each of the following items: a) Their written health and safety policy and program where required under Section 25 (2) (j) of the Occupational Health and Safety Act. Where not required under 25(4), successful bidders are asked to provide procedures or a written description of safety practices applicable to the work to be performed under the contract. b) They may be required to provide additional documentation/ policies / procedures as applicable and as outlined in the contract requirements. These additional requirements, if any, will be found in the contract document. 4-0 SPECIFICATIONS The purpose of this tender is to obtain bids for the Cleaning and Group Re-lamping of Street Lights in accordance with the attached Specification # TERMS & CONDITIONS 5-1 CONTACT PERSON Additional information or clarification of any of the instructions or information contained herein must be obtained from Purchasing and Supply by contacting Geoff Smith, Procurement Officer, at ext. 4719, by fax at or by at purch@london.ca 5-2 QUESTIONS/INQUIRIES a) Each bidder must review all tender documents and promptly report and request clarification of any discrepancy, deficiency, ambiguity, error, inconsistency, or omission contained therein. Any such request must be submitted to the City in writing, prior to Thursday, May 9, 2013 at 2:00 p.m. Directing inquiries to other than Purchasing and Supply may result in your submission being rejected.

10 TENDER PAGE 5 OF TERMS & CONDITIONS cont d 5-2 QUESTIONS/INQUIRIES cont d b) Where a request results in a change or a clarification to the tender, the City will prepare and issue an Addendum to this tender as set out in Section 1-5. With the exception of an Addendum delaying the closing or cancelling of this Tender, NO Addendum will be issued within the forty-eight (48) hours prior to closing - not including Saturdays, Sundays and Statutory Holidays observed by the City of London for regular business hours. Bidders that have submitted bids prior to the date and time cutoff for Addenda issuance are solely responsible to monitor the City s website for further Addendum and are therefore also solely responsible for submitting complete new bids acknowledging any said Addendum prior to the closing date and time of the bid solicitation. 5-3 TAXES HST - Extra All bidders shall provide their Harmonized Sales Tax (HST) registration number in their Quotation Submission Form. Note: If the bidder is located outside of Canada and is not a HST Registrant, this may not apply 5-4 SCHEDULING OF WORK a) The scheduling of this project shall be co-ordinated with Shane Maguire, Division Manager, Traffic and Signal Manager/designate. b) The successful bidder shall commence work within twenty (20) working days following the award of this project. The project is to be completed within ten (10) weeks of contract award. c) A meeting with the successful bidder will be conducted one (1) week prior to commencement of the work, to review the methodology, schedules and personnel on the job to ensure compliance with the City's requirements. d) It is expected that this project will be completed during normal business hours, between 8:00 a.m. and 5:00 p.m., Monday to Friday. Should the successful bidder wish to work outside the normal hours, this must be agreed to and scheduled with Shane Maguire/designate. e) The successful bidder shall not be permitted to work on any statutory holiday. f) The successful bidder shall work at least eight (8) hours on each scheduled work day. The successful bidder is expected to work on consecutive days. g) The successful bidder will be required to liaise with the London Hydro's Control room by telephone at (519) each morning to inform the operator of the area in which the crew will be working each day. The successful bidder will also need to keep the City street light maintenance Contractor, Langley Utilities informed of the successful bidder status at (519) on a daily basis. 5-5 PAYMENT AND HOLDBACK a) The successful bidder shall be entitled to receive ninety (90%) percent of the value of the work actually done and materials and equipment placed on the basis of the contract price. Release of the holdback shall be issued thirty (30) days from the date of the final completion of the project. b) Before the amount due under the holdback is paid, the successful bidder must have demonstrated that the system is in operating condition to the satisfaction of the Project Manager. Once the Project Manager has signed off that he is satisfied, the money will be released to the successful bidder.

11 TENDER PAGE 6 OF TERMS & CONDITIONS cont d 5-6 EXTRAS a) It should be noted that no extra charges are anticipated for this project. Should it be proven that the successful bidder will incur extra costs as a direct result of any unforeseen problems, the successful bidder will require an approval by the Division Head/designate, Transportation Division prior to starting the extra work. No extras will be granted due to incomplete investigation prior to bidding. b) For any approved extras the successful bidder will calculate the cost based on the same wage structure used for the original bid submission. The successful bidder's profit and overhead will be a maximum total of 15% of the final cost of the extra. 5-7 QUALFICATIONS a) The project shall be completed by a firm of recognized standing having at least two (2) years experience in this type of work and having the necessary equipment and skilled labour to carry out this work satisfactorily. b) The successful bidder is to be totally responsible for all aspects of the project and for any of their sub-contractors involved. c) Bidders shall include a list of recent projects they have completed that are comparable in scope and size. The references shall be stated in the space provided on the Form of Quotation. d) Personnel & Supervision The successful bidder must meet ALL of the following requirements: i) the successful bidder must be a member of EUSA; ii) iii) iv) all personnel involved in the installation must have completed the EUSA Electrical Awareness Course; installation to be performed in accordance with EUSA rule book and the most current Ontario Occupational Health and Safety Act; all personnel involved in the installation must have CPR training and first aid training; and v) all personnel on the job must be "competent" as defined by OHSA 321/1-(1)2. e) Additional Training Requirements i) all personnel as a minimum are required to have EUSA electrical awareness training; ii) iii) iv) all on-site personnel are required to be certified as having successfully completed a recognized first aid program; individuals being considered for working aloft must have completed "Fall Arrest" training; and proof of relevant training shall be supplied by the successful bidder prior to the start of work.

12 TENDER PAGE 7 OF TERMS & CONDITIONS cont d 5-8 CANCELLATION a) The City reserves the right, at its absolute sole discretion, to cancel this contract with thirty (30) days written notice, without cause and without penalty. b) The City reserves the right, at its absolute sole discretion, to cancel this contract with seven (7) days written notice, with cause and without penalty. 5-9 PERMITS & INSPECTIONS a) It will be the responsibility of the successful bidder to obtain and pay for any necessary permits and inspections required to complete the project. b) The successful bidder shall obtain and complete a City of London Work Permit. The successful bidder shall then submit the application to the Transportation Division, of the City of London, 300 Dufferin Ave., 8th Floor, West, London, ON. There is no charge for this permit RESPONSIBILITY OF INVENTORY It is the City's responsibility to supply all lamps, however, the successful bidder is responsible to warehouse the lamps at the successful bidders location CARE OF MATERIALS All materials, shall be handled in a manner to prevent their being damaged and shall be stored in a manner to preserve their condition, prevent loss and permit easy access for checking of quantities. Any waste or theft of materials in the successful bidder's custody will be charged to the successful bidder. All excess material supplied by the City shall remain the property of the City and shall be returned upon completion of the contract PERFORMANCE a) All cleaning and re-lamping work must be contained to the area currently being re-lamped. b) It is expected that there will be only a minimum amount of disruption to the pedestrian and traffic movement INSPECTION OF WORK a) The City will regularly inspect the work and will document/communicate any safety deficiencies to the successful bidder's site supervisor. The successful bidder must take corrective action if unsafe work is observed. Failure to do so may lead to contract termination. b) The City shall perform spot inspections of the work and shall retain the right to refuse access to the job site, to any person deemed unqualified to perform the work.

13 TENDER PAGE 8 OF TERMS & CONDITIONS cont d 5-14 GUARANTEES a) The successful bidder shall guarantee their work against defective workmanship for a period of one (1) year from completion. This guarantee period shall extend to all restoration work as well. b) The City will provide the successful bidder with lamp outage report(s) when necessary, to a maximum of thirty (30) days beyond the project completion date. It is the successful bidder's responsibility for the follow-up and repair or replacement of these initial lamp burnouts within three (3) working days after receiving the outage report CLEAN UP a) Daily clean-up of the work area is required. The work area shall be maintained in a reasonably neat, clean and safe condition throughout the contract period. It is expected that each work area will be cleaned prior to moving to the next area. b) All materials stored on site are the responsibility of the successful bidder. A final clean-up of all unused materials is required. They must be removed from the site upon completion of the project SITE PROTECTION Due care and attention shall be given to this project to ensure that the sites and the surrounding areas are protected from damage. Any restorations made necessary as a result of damage caused by the successful bidder or their sub-contractors are the total responsibility of the successful bidder ALTERNATE PRODUCTS Unless qualified by the provision "NO SUBSTITUTE", the use of the name of a manufacturer, brand, make or catalogue designation in specifying an item does not restrict bidders to that manufacturer, brand, make or catalogue designation identification. This is used simply to indicate the character, quality and/or performance equivalent of the commodity desired, but the commodity on which proposals are submitted must be of such character, quality and/or performance equivalent that it will serve the purpose for which it is to be used equally as well as that specified. Equivalent is described as a good or service equal to another in value or measure or force or effect or significance. The City in its absolute sole discretion shall deem what is an approved equivalent. In submitting a proposal on a commodity other than as specified, the bidder must furnish complete data and identification with respect to the alternate commodity proposed. Consideration will be given to proposals submitted on alternate commodities to the extent that such action is deemed to serve the best interests of the City. If the bidder does not indicate that the commodity they propose to furnish is other than specified, it will be construed to mean that the bidder proposes to furnish the exact commodity as described in the quotation. However, descriptive literature may be included as long as its sole purpose is only to illustrate and simplify the bid QUALIFYING OF BIDS Bidders are cautioned against qualifying their submission in any manner whatsoever as this may result in their bid being rejected ACCEPTANCE / AWARD The award of this bid may not necessarily be based on price. The City will evaluate bids to determine which submission most clearly meets our requirements.

14 TENDER PAGE 9 OF TERMS & CONDITIONS cont d 5-20 DELIVERY All deliveries to be F.O.B. Destination Prepaid 5-21 SUCCESSFUL BIDDERS RESPONSIBILITES a) The successful bidder shall be responsible for and give adequate attention to the performance and completion of the work in accordance with the terms of this tender and the specifications hereto. He shall be responsible for the supply of all labour, materials and equipment necessary to complete this project. b) The successful bidder shall at all times have on the work site, as his agent, a supervisor who is a competent person capable of reading and thoroughly understanding specifications and is experienced in the type of work being performed. A competent person is defined in Section 1(1) of the Ontario Occupational Health and Safety Act. c) The successful bidder shall issue a Notice of Project for the entire contract that is with the City of London, where the contract dollar value exceeds $50,000. In the Notice of Project, the successful bidder will indicate to the best of their ability when and where the individual projects will take place, issue it to the MOL, provide the City of London contract representative with a copy and make it accessible at the job site SUBCONTRACTORS Bidders shall submit a list of subcontractors in the section of the Form of Tender. If no subcontractors are to be used, please indicate NIL SAFETY REQUIREMENTS The successful bidder shall adhere to the following requirements: a) They shall perform all work and deliver all services under the contract in accordance with requirements of the Ontario Occupational Health and Safety Act and applicable Regulations and their safety policy and procedures. Should circumstances of the job site render the successful bidder unable to comply with these requirements, the successful bidder shall immediately notify your City of London contract representative. b) They shall ensure the company s management, supervisors and employees are trained, qualified and possess the necessary certifications to perform all work and deliver all services in compliance with any federal, provincial and municipal regulatory codes, acts, laws and by-laws. (.ie: this may include training in Workplace Hazardous Material Information System, First Aid etc.). c) The successful bidder shall maintain, at the job site, MSDS for all hazardous materials and controlled products taken onto the job site. d) They shall ensure that containers for any hazardous materials or controlled products used or stored on City of London premises are labeled in accordance with requirements of the Ontario Workplace Hazardous Materials Information System Regulation, and if used for containment of flammable liquids, conform to the requirements pertaining to flammable liquids handling and storage as set out in the Ontario Industrial Establishments Regulation and the Ontario Construction Projects Regulation, as applicable. All hazardous materials or controlled products will be removed from the site following completion of the contract, or sooner where practical and possible.

15 TENDER PAGE 10 OF TERMS & CONDITIONS cont d 5-23 SAFETY REQUIREMENTS cont d e) In the event of any dispute between the successful bidder and the City with respect to the successful bidder s conformance with any contractual requirement respecting safety, the successful bidder agrees that a determination of conformance shall be made by the City in its sole discretion. f) The successful bidder may be asked to complete the City of London Contractor Safety Checklist Pre- Construction/Pre-Work Meeting, prior to commencing with construction or maintenance projects TRAFFIC REQUIREMENTS a) Supply and placement of flashers and channelizing methods for the guidance and protections of pedestrian and vehicular traffic must conform to the Ontario Book 7, Temporary Condition - Field Addition. The successful bidder is required to have on-site staff with this training or will provide contact information of persons engaged by the successful bidder to perform this duty on-site, on behalf of the successful bidder. b) Materials and equipment must be confined to one side of the street only and stored so that is doesn't interfere with the visibility and/or corner movements. c) Pedestrian traffic must be maintained on sidewalks at all times. d) Satisfactory facilities for pedestrians crossing at corners must be provided. e) Flag person must be provided to guide pedestrian and vehicular traffic when required or at the discretion of the Managing Director/ City Manager and City Engineer. f) Work that may cause interruption to traffic on arterial or collector routes must not be carried out during rush-hour periods, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. At all other times, twoway traffic must be maintained. g) Maintain access to all streets at all times. h) The successful bidder shall obtain the required "Road Occupancy Permits" from the City at least forty-eight (48) hours prior to commencing work on this contract DATE COMPLIANCE All products and services should be free from defects with regards to date processing. This includes, but is not limited to, the transition from one (1) year to another, the transition from one (1) century to another and the occurrence of leap years DISPUTES In cases of disputes as to whether or not the service tendered meets the conditions in the accepted tender, the decision of the Manager of Purchasing and Supply or Designate for the City shall be final and binding on all parties.

16 TENDER PAGE 11 OF TERMS & CONDITIONS cont d 5-27 ASSIGNMENT Following award of the contract, the successful bidder shall not, without written consent of the Manager of Purchasing and Supply or designate make any assignment or any subcontract for the execution of any service or product hereby quoted on. The consent of the Manager of Purchasing and Supply or designate may be arbitrarily withheld ACCESS TO INFORMATION a) The information submitted in response to this Tender will be treated in accordance with the relevant provisions of the Municipal Freedom of Information and Protection of Privacy Act and in accordance with Council Policy - The Procurement of Goods and Services Policy section b) The Bidder does, by the submission of a Tender, accept that the information contained in it will be treated in accordance with the process set out in this section of the Tender CODE OF CONDUCT Please see the City of London Code of Conduct listed on the Tenders & RFP s webpage DESIGNATED SUBSTANCES INCLUDING ASBESTOS REQUIREMENTS Please see the Designated Substances including Asbestos Standard Contract Clauses listed on the Tenders & RFP s webpage COMPLIANCE WITH THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 The Contractor shall ensure that all its employees, agents, volunteers, or others for whom the Contractor is legally responsible receive training regarding the provision of the goods and services contemplated herein to persons with disabilities in accordance with Section 6 of Ontario Regulation 429/07 (the Regulation ) made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended the Act ). The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. The Contractor shall submit to the City, as required from time to time, documentation describing its customer service training policies, practices and procedures, and a summary of its training program, together with a record of the dates on which training was provided and a list of the employees, agents volunteers or others who received such training. The City reserves the right to require the contractor to amend its training policies to meet the requirements of the Act and the Regulation EXCLUSION OF BIDDERS IN LITIGATION a) The City may, in its absolute discretion, reject a tender submitted by a bidder if the bidder, or any officer or director of the bidder is or has been engaged, either directly or indirectly through another corporation, in a legal action against the City, its elected or appointed officers and employees in relation to: i. Any other contract or services; or ii. Any matter arising from the City s exercise of its powers, duties, or functions.

17 TENDER PAGE 12 OF TERMS & CONDITIONS cont d 5-32 EXCLUSION OF BIDDERS IN LITIGATION cont d b) In determining whether or not to reject a tender under this clause, the City will consider whether the litigation is likely to affect the bidder s ability to work with the City, its consultants and representatives, and whether the City s experience with the bidder indicates that the City is likely to incur increased staff and legal costs in the administration of the contract if it is awarded to the bidder EXCLUSION OF BIDDERS DUE TO POOR PERFORMANCE a) The Managing Director/ City Manager shall document evidence and advise Purchasing and Supply in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations. b) The City Treasurer may, in consultation with the City Solicitor, prohibit an unsatisfactory supplier from bidding on future Contracts for a period of up to three (3) years. Geoff Smith, CSCMP Procurement Officer Purchasing and Supply Mgr /jf

18 TENDER PAGE 13 OF FORM OF TENDER 6-1 I/WE the undersigned hereby offer for the Cleaning and Group Re-lamping of Street Lights in accordance with your terms, conditions numbered 1-1 to 5-33 and Specification # which will be deemed part of our agreement should this tender be accepted, and as follows: DESCRIPTION LUMP PRICE To supply all the necessary labour, materials & equipment to clean, re-lamp, replace and disposal of 6,649 street light luminaries, photo electric controls and replace any missing bird-stops as required as per Specification # $ HST 13% $ TOTAL $ 6-2 The project is scheduled to be completed within ten (10) weeks. Please indicate if the scheduled can be adhered to. Yes No If no please indicated your proposed schedule. 6-3 Please state references where similar work in scope and size has been completed: Project Contact Name Phone Number 6-4 List of Subcontractors (If None, Indicate NIL) 6-5 Please state terms of payment (Note: Early payment discounts will be considered in the award of the contract, and will apply after taxes). 6-6 Please state the Payment Remittance Address (if different than the address indicated below:

19 TENDER PAGE 14 OF FORM OF TENDER cont d 6-7 I/WE DECLARE that no person, firm or Corporation other than the one whose signature or the signature of whose proper officers and the seal is or are attached below, has any interest in this tender. 6-8 I/WE FURTHER DECLARE that this tender is made without any connection, knowledge, comparison of figures or arrangement with any other company, firm or person making a bid for the same work and is in all respects fair without collusion for fraud. 6-9 I/WE FURTHER DECLARE that the several matters stated in the said tender are all in respect true I/WE have allowed for Addenda numbered as follows: # through to #. FAILURE TO ACKNOWLEDGE ALL ADDENDA WILL RESULT IN YOUR TENDER BEING REJECTED. COMPANY NAME: ADDRESS: CITY/PROVINCE: POSTAL CODE/ZIP CODE: AUTHORIZED SIGNATURE: TITLE: I/WE are authorized to bind the COMPANY/CORPORATION NAME (Please print or type): TELEPHONE NUMBER: ( ) FAX NUMBER: ( ) HST REGISTRATION NUMBER: ADDRESS: DATE OF TENDER: NOTE: Please return pages 13 and 14 on or before 2:00 pm, Local Time THURSDAY, MAY 16, 2013.

20 THE CORPORATION OF THE CITY OF LONDON PURCHASING & SUPPLY SPECIFICATION DATE ISSUED: April 18, 2013 SPECIFICATION NUMBER: DATE REVISED: PREPARED BY: Roadway Lighting & Traffic Control Division SUPERSEDES: CHECKED BY: Shane Maguire SCOPE & PURPOSE: The purpose of this Specification is to outline the City of London s requirements for the supply of labour, material and equipment necessary to perform cleaning and group re-lamping of street light luminaries. SPECIFICATIONS: 1. Particulars of Work The City has been divided into five geographic areas for the purpose of luminary cleaning and re-lamping. This Specification covers Area 4" of the City, as defined on the attached map. Specific boundary maps will be issued to the successful bidder. The approximate number of high-pressure sodium lamps and photo-eyes to be replaced is as follows: 70 Watt Watt - 4, Watt Watt Watt Watt - 1 Total Lamps - 6,649 The City appointed Contract Administrator, will provide the lamps, photo-controllers and base maps showing the area to be group washed and replaced. The successful bidder is required to pick up and store all lamps and photo-controllers at their depot. No additional charges will be accepted for picking up the lamps and photo-controllers from the City s warehouse located at 185 Ashland Avenue. The Contract Administrator is to be present with the successful bidder at the time of the lamp and photocontroller pick up. If the Contract Administrator is not present, the successful bidder assumes full responsibility for any discrepancies with the lamp and photo-controllers order. The City reserves the right to add up to an additional 1,000 units subject to available funding. The extra units will be calculated at a unit price determined by dividing the total bid by the total lamps (6,649) The work includes walkways, roadways, vehicular and pedestrian tunnel area lighting owned by the City and will require working on Ontario Hydro and London Hydro equipment.

21 SPECIFICATION PAGE 2 OF 4 2. Re-lamping a) The successful bidder shall replace every lamp and photo-controller with a new lamp and photocontroller of the same type and wattage. Each new lamp and photo-controller shall be permanently marked by the successful bidder with the month and year of its installation. b) It is the responsibility of the successful bidder to dispose of the old lamps and photo-controllers. All replaced lamps and photo-controllers which bear a date of 2013 are to be separately identified and returned to the City at the end of the contract. 3. Luminary Cleaning a) Bird nests, insects and any other dirt or debris shall be removed from the interior of each luminary. b) Both the interior and exterior surfaces of the refractor shall be thoroughly cleaned in the following manner: i) wet or spray the glassware with an approved liquid cleaner; ii) iii) iv) clean the refractor thoroughly with a small brush; rinse with clean water two or more times using a pressure sprayer; and dry refractor with a clean damp chamois which has been rinsed in clean water. The rinse water shall be kept clean at all times. c) The reflector shall be cleaned in the following manner: i) wipe thoroughly with a damp cloth which has been rinsed in clean water; ii) iii) if the reflector is very dirty or has baked-on dirt, it shall be sprayed with the approved liquid cleaner and then wiped as specified in (a) above; and wipe thoroughly with a clean cloth to ensure the reflector is dry. 4. Bird Stops The successful bidder is to replace all missing bird stops. The bird stops are to be supplied by the successful bidder. The only acceptable bird stop replacements are found in the City of London Standard Contract Documents for Municipal Construction Projects found at

22 SPECIFICATION PAGE 3 OF 4 5. Reporting a) All luminaires shall be checked thoroughly by the successful bidder for damaged or defective parts. All defective luminaires/poles shall be marked in the field with a band of red tape. All luminaires requiring the City s attention shall be reported on the Deficiency Report provided (contractor to print and supply as needed), using the following repair codes: Could Not Access (NA) Faulty Wiring (FW) Refractor Broken or Missing (R) Hand Hole Cover Missing or Taped (HH) Defective Fixture (DF) Relay Controlled (RC) All trouble calls from the public regarding street lighting outages are to be referred to the City. b) Unless otherwise specified, the successful bidder shall report weekly to the City appointed Contract Administrator with the Roadway Lighting & Traffic Control Division for the purpose of but not limited to: i) handing in Progress and Deficiency reports (see samples included in Specification); ii) iii) reviewing the area and the number of lights worked on, the previous day; and reviewing direction as to which lights must be rechecked to correct outages. c) The successful bidder shall keep one copy of the street lighting map drawing in good order and available to the Contract Administrator with the Roadway Lighting & Traffic Control Division. The successful bidder will record all progress of their work on such map drawing. d) The successful bidder shall be responsible to mark-up the drawings to identify actual existing equipment and field conditions that differ from that shown on the drawing and any locations where a bank of lights is powered by one photoelectric control. Upon completion of the contract, the successful bidder shall submit the recorded drawing to the Contract Administrator with the Roadway Lighting & Traffic Control Division. e) The City will require a list of all people on the job and their qualifications and licensing prior to the work commencing at a scheduled pre-construction meeting. The City will perform periodic inspections and will spot check personnel on the job. f) The City will require the successful bidder to supply a valid WSIB (Workplace Safety and Insurance Board) Certificate and a Pre-construction/Work Safety Check list when the contract is awarded. g) The City will require the successful bidder to supply the necessary labour and equipment to conduct inspections of completed works (a minimum of 20 locations) on a minimum bi-weekly basis; randomly chosen by the Contract Administrator. The costs associated with the inspections will be at the sole cost of the successful bidder as quoted, and may be increased in frequency and number at the discretion of the Contract Administrator

23 SPECIFICATION PAGE 4 OF 4 6. Protective Equipment Each on-site employee shall have available for use, all personal protective equipment required by provincial legislation and EUSA safety requirements, including but not limited to: 7. Equipment - Class B Hard Hat - Approved CSA Hearing Protection - Approved Safety Glasses - CSA approved Green Patch, electrically resistant safety footwear - Class O Rubber Gloves or Gloves rated for a higher voltage - Fall Arrest/Prevention Equipment - Traffic Control Vest or MTO approved traffic safety clothing Aerial device units must be tested and certified in accordance with CSA C225-M88 and must have been dielectrically tested within the past twelve (12) month period. The successful bidder shall provide proof of such testing upon award of the contract and prior to the contract start date. If the aerial device requires outriggers to meet stability requirements, the outriggers must have planks or pads used under the outrigger foot. Wheels should be chocked. Vehicles shall be equipped with appropriate four-way flashes, yellow rotating light or beacon, traffic signs, traffic cones and if required, a flashing arrow or arrowhead as per the Ontario Traffic Manual. All work crews shall be equipped with an appropriate first aid kit in accordance with the Workplace Safety & Insurance Board. A cellular telephone must be provided for each crew by the successful bidder for communications with the Contract Administrator. (The telephone need not be permanently owned by the successful bidder, a rental unit can be used.)

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25 THE CORPORATION OF THE CITY OF LONDON ENVIRONMENTAL SERVICES STREET LIGHT CLEANING AND GROUP RELAMPING PROGRESS REPORT Work Period From to STREET FROM TO QUANTITY