RESIDENTIAL/COMMERCIAL GARBAGE COLLECTION

Transcription

1 RESIDENTIAL/COMMERCIAL GARBAGE COLLECTION REQUEST FOR QUOTES Village of Port Alice PO Box Marine Drive Port Alice, BC V0N 2N0 Telephone: (250) Fax: (250)

2 INSTRUCTIONS TO PROPONENTS The Village of Port Alice ( the Village ) invites quotes from qualified companies for the Residential/Commercial Garbage Collection during a 5-year period from July 16, 2015 to July 15, 2020 for approximately 300 residences and 20 commercial units. Copies of the proposed contract are included for reference. PROPOSAL CLOSING TIME Sealed quotes, marked "Residential/Commercial Garbage Collection" will be received by the up to 12:00 noon, local time, Friday June 26, 2015 at the Village of Port Alice office 1061 Marine Drive, PO Box 130, Port Alice, B.C., V0N 2N0. Proposals will be opened at the Village of Port Alice office 1061 Marine Drive, Port Alice, B.C., at 12:05 pm, local time, Friday June 26, SUBMISSION OF QUOTES Quotes must be submitted on Schedule B Schedule of Prices provided, and must be enclosed in a sealed envelope, addressed to the Chief Administrative Officer and clearly marked "Port Alice Garbage Collection Quote" Each Quote must be dated, shall show the full legal name and business address of the Proponent, and shall be signed with the usual signature of the person or persons authorized to bind the Proponent. CONTRACTOR S QUALIFICATIONS Proponents may be required after the Proposal opening to submit evidence of their resources, including appropriate equipment, and their ability to carry out the Collection Services in this contract as per contract documents attached for reference. EXAMINATION OF DOCUMENTS, SITE INSPECTION & SITE CONDITIONS Before submitting a Proposal, the Proponent shall carefully examine the Contract Documents and all addenda thereto issued and the site of the Collection Services and shall fully inform himself as to the existing conditions and limitations which may influence his Proposal and affect the execution of the Contract Agreement. ACCEPTANCE OR REJECTION OF PROPOSALS The Village reserves the full right to, in its sole discretion, and according to its own judgment of its best interest: a) reject any or all Proposals for any reason whatsoever; and b) award the contract to other than the lowest priced Proposal. The Village will assess Proposals based on overall best value to the Village of Port Alice In no event shall the Village be liable for a Proponent s cost of preparing a Proposal. Proponents will not be permitted to alter or amend their Proposals or prices after the time of closing. Contact Information: Madeline McDonald, Chief Administrative Officer Village of Port Alice, Phone: mmcdonald@portalice.ca

3 Contract for Garbage Collection Services Page 1 THIS AGREEMENT made in duplicate this day of, BETWEEN: VILLAGE OF PORT ALICE 1061 Marine Drive P.O. Box 130 Port Alice, BC V0N 2N0 (The "Village") OF THE FIRST PART AND: (The "Contractor") OF THE SECOND PART WITNESSETH THAT: Whereas the Contractor has represented to the Village that it is skilled in the Collection Services described in the Contract Documents, and well able to perform the same in accordance therewith: NOW THEREFORE the parties hereto covenant and agree as follows: 1. That the following, together with this Agreement, constitute the Contract Documents: 1. General Conditions of the Contract 2. General Requirements 2. The Contractor undertakes and agrees to do and fulfill every covenant contained in the Contract Documents and to furnish all labour and equipment, unless otherwise indicated, together with all Collection Services incidental thereto necessary and required to perform all the Collection Services described in the Contract Documents. 3. Contract Term and Payment: (a) The term of this Agreement shall be for five years, commencing on July 16, 2015 and terminating on July 15, Subject to applicable legislation governing Workers' Compensation Insurance and Mechanics' or Builders' Liens and in accordance with the General Conditions of the Contract the Village will, upon receipt of an invoice, make monthly payments (in Canadian funds) to the Contractor in amounts equal to the aggregate of the respective Unit Prices for the previous month as set out in Schedule "B" subject to the adjustments, additions, deductions and deletions as provided in the Contract Documents; AND PROVIDED THAT the Village may withhold, or on account of subsequently discovered evidence, nullify the whole or any part of any certificate for payment to such an extent as may be necessary to protect the Village from loss due to: (i) (ii) (iii) The Contractor not making satisfactory progress in the opinion of the Village. Defective Collection Services not remedied. Claims filed or reasonable evidence indicating probable filing of a claim.

4 Contract for Garbage Collection Services Page 2 4. The Contractor and the Village for themselves, their successors, a n d administrators, hereby undertake and agree to the full performance of their respective obligations under the Contract, and further undertake and agree that the provisions of this Contract unless it is otherwise agreed between said parties, shall remain and apply to any extension of this Contract. 5. All communications in writing between the parties shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the corporation for whom they are intended or if sent by registered mail as follows: To the Contractor at: To the Village at: Chief Administrative Officer Village of Port Alice 1061 Marine Drive P.O. Box 130 Port Alice, B.C., V0N 2N0 and if sent by mail will be considered as having been so given at such time as it would in the ordinary course of the mails be received by the party to whom it is directed. As evidence of the mutual intention of the parties to be bound by all the terms of this Agreement, the parties have executed this Agreement on the dates set out below: Authorized Signatory of the Contractor: Authorized Signatory Authorized Signatories of the Village of Port Alice: Mayor Chief Administrative Officer

5 Contract for Garbage Collection Services Page 3 GENERAL CONDITIONS OF THE CONTRACT 1. Definitions: a) Bylaws means the Village of Port Alice Garbage Removal and Rates Bylaw No. 484 or any other bylaw duly adopted by Council to replace Bylaw No. 484 and schedule D of the Village of Port Alice Rates and Fees Bylaw No. 594 or any other bylaw and schedule duly adopted by Council to replace Schedule D of Bylaw No b) Collection Schedule means the schedule for Waste collection submitted by the Contractor in accordance with Schedule A attached to and forming part of this Agreement; c) Collection Services means all of the Collection Services and services to be provided by the Contractor under this Agreement; d) Contract Price means the amounts payable by the Village to the Contractor for the full and proper performance of the Collection Services and described in Schedule B attached to and forming part of the Agreement; e) Council means the Mayor and Council of the Village of Port Alice. f) Hazardous Waste means Waste defined by the Hazardous Waste Regulation of the Waste Management Act. g) Landfill means the Seven Mile Regional Landfill on Highway 19, or such other landfill site approved by the Village; h) Premises means residential homes, whether detached or not, multifamily buildings, offices, stores or any other commercial building. This does not include undeveloped property; i) Prohibited Waste includes Hazardous Waste, ignitable wastes, radioactive wastes, liquid wastes, and, corrugated cardboard; j) Transfer Station means the Village waste transfer station located at 721 Marine Drive, or such other transfer station designated by the village from time to time; k) Waste means, collectively, all garbage, ashes, rubbish, and trade waste, as defined by the Bylaws, but does not include Hazardous or Prohibited Waste. 2. Materials, Appliances and Employees: Unless stipulated otherwise, the Contractor shall provide and pay for all labour, tools, equipment, power, transportation and other facilities for the execution of the Collection Services. The Contractor will exercise competent supervision of the Collection Services at all times through a supervisor who must be: (a) (b) Acceptable and available at all reasonable times to the Village and its representatives, and Have authority to receive on behalf of the Contractor, any order or communication relating to the Collection Services. The Contractor shall not employ on the Collection Services any unfit person or anyone not skilled in the Collection Services assigned to him or her. Being under the influence of, or in the possession of, or using intoxicating beverages or illicit drugs on the Collection Services shall be sufficient reason to declare an employee as unfit. The Contractor and/or its employees shall not enter into any dispute with, and shall maintain a courteous relationship with the public while in the process of executing the Collection Services. 3. Ability of Contractor The Contractor covenants, warrants, and represents that the Contractor is competent to perform the Collection Services required under this Agreement, that the Contractor has the necessary qualifications

6 Contract for Garbage Collection Services Page 4 to perform the Collection Services, and that the Contractor will provide a quality of service at least equal to that which is generally expected of a competent contractor in a like situation. 4. Emergencies or Non-Compliance by Contractor: The Village's representative has authority to stop the progress of the Collection Services whenever in his/her opinion such stoppage may be necessary to ensure the safety of life or of adjoining property. The Village's representative shall have, without limitation the following rights: In his or her sole opinion, to decide whether any part of the Collection Services has been done as required by the Contract. What the Contractor is required by the Contract to do including without limitation questions as to the acceptability of the quality or quantity of any labour or equipment used in the execution of the Collection Services and the timing or scheduling of the Collection Services. 5. Default of Contractor Where the Contractor is in breach of any provision of this Agreement or has become insolvent, the Village may terminate this Agreement in whole or in part, upon notice to the Contractor, such notice to be effective on the date specified in the notice. Where the Village terminates the Agreement under this section, the Village may, upon such terms and conditions and in such manner as it deems appropriate, take those steps necessary to ensure the completion of the Collection Services by an alternate contractor, and the Contractor shall be liable to the Village for any costs in excess of the Contract Price incurred by the Village to ensure the completion of the Collection Services. Without limiting its remedies, the Village may withhold any payments due to the Contractor at the time of termination under this section, and apply such payments to any costs incurred to the Village in securing the proper completion of the Collection Services. 6. Village's Right to Terminate Contract: The Village may, by giving notice to the Contractor, terminate or suspend the Collection Services in whole or part for any reason whatsoever, on ninety (90) days notice. In the event of such termination or suspension, the Village shall pay the Contractor a proportionate amount of the Contract Price for all the Collection Services rendered before the effective date of the notice of termination or suspension. 7. Assignment: The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder without prior written consent of the Village. 8. Changes In the Collection Services: The Village, without invalidating the Contract, may make changes by altering, adding to, or deducting from the Collection Services, the Contract Price being adjusted accordingly. All such Collection Services shall be executed under the conditions of the original Contract. 9. Prices To Be Accepted As Full Compensation: The price or prices provided for in the Contract shall be accepted by the Contractor, as full compensation for everything furnished and done by the Contractor under this Contract, including all Collection Services required but not included in the items herein mentioned, and also for all loss or damage arising out of the nature of the Collection Services or the action of the weather, elements, or any unforeseen obstructions or difficulties encountered in the prosecution of the Collection Services, and for all risks of every description connected with the Collection Services, and for all expenses incurred by or in the consequence of any delay or suspension or discontinuance of the Collection Services as herein specified, and for well and faithfully completing the Collection Services as in this Contract provides. 10. Payment All payments will be made monthly within 30 days of the receipt of an invoice. The Contract Price constitutes full and complete payment for the Collection Services, excluding only Goods and Services Tax which shall be extra. 11. Indemnity The Contractor shall indemnify and release the Village, its officers, agents, servants, employees and elected and appointed officials, from and against any and all suits or claims, alleging damage or injury (including death) to any person or property, that may occur or that may be alleged to have occurred, in

7 Contract for Garbage Collection Services Page 5 the performance or non-performance of this Agreement, whether such claim is made by an employee of the Contractor or by a third party, and whether or not the alleged injury (including death) was caused through a willful or negligent act or omission of the Contractor, its officers, agents, servants or employees, or any of its subcontractors. 12. Indemnity for Violation of Laws Without limiting section 11, the Contractor shall indemnify and save harmless the Village, its elected and appointed officials, contractors, agents, servants, and employees from and against any claim or liability arising from or based upon the violation of any applicable laws, statutes or regulations including the BC Waste Management Act, the Transport of Dangerous Goods Act, the federal Transportation of Dangerous Goods Act and all other federal, provincial, municipal laws, and regulations, by the Contractor in the provision of the Collection Services. 13. Agreement for Services This is an Agreement for the performance for services and the Contractor is engaged under the Agreement as an independent contractor for the sole purpose of providing the Collection Services. The Contractor is not engaged by this Agreement as an employee, servant or agent of the Village. The Contractor shall be solely responsible for any and all payments or deductions required to be made, including those required for Canada Pension Plan, Employment Insurance, or Income Tax, and WorkSafe BC payments. This Agreement shall not be construed as a joint venture or partnership. 14. Permits, Notices, Laws and Rules: The Contractor shall apply and pay for all necessary permits or licenses required for the execution of the Collection Services (but this shall not include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices and pay for all fees required by law and comply with all laws, bylaws, rules and regulations relating to the Collection Services and to the preservation of the public health. The Contractor shall be responsible for the safety of workers and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety. 15. Compliance with WorkSafe Regulations: (a) (b) The Contractor must maintain an account in good standing with WorkSafe BC and shall be the Prime Contractor for the purposes of the Workers Compensation Act. The Contractor shall ensure compliance on its part with the Workers Compensation Act and any regulations thereunder, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation. In any case where pursuant to the provisions of the Workers Compensation Act, the Workers' Compensation Board orders the Contractor in respect of its operations under this Agreement to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations thereunder or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the Village, on twentyfour (24) hours written notice to the Contractor, may terminate the Contract. 16. Contractor's Insurance: (a) (b) (c) Public Liability and Property Damage Insurance: The Contractor shall maintain and keep in force during the term of the Contract, $5,000,000 (minimum) inclusive limits Public Liability and Property Damage Insurance, against liabilities or damages in respect of injuries to persons (including injuries resulting in death) and in respect of damage to property arising out of the performance of the Collection Services. Equipment Insurance: Notwithstanding anything contained elsewhere herein, it is understood and agreed that the Village shall not be liable for any loss or damage to Contractor's equipment including loss of use thereof. Automotive Insurance: A minimum of $5,000,000 of Public Liability and Property damage insurance shall be carried on all automotive equipment.

8 Contract for Garbage Collection Services Page 6 (d) General Insurance Provisions: Before starting the Collection Services, the Contractor shall file with the Village, certificates of all insurance policies acceptable to the Village. These certificates shall state that the insurance complies with the requirements of the Contract Documents and that the territory of the policy includes the region of the Province in which the Collection Services is to be performed. Each insurance policy required under this Article shall contain an endorsement to provide all Named Insureds with prior notice of changes and cancellations. Whenever the Village's name is to appear in the insurance policies, "VILLAGE OF PORT ALICE" shall be inserted. 17. Notice Where notice is required to be given or made by either party under the Agreement, it shall be in writing and is effective if delivered in person, sent by registered mail, or by facsimile, addressed to the party for whom it is intended at the address set out on page 1 of this Agreement. A notice shall be deemed to have been given if by registered mail, when the postal receipt is acknowledged by the other party, if by facsimile, when transmitted, and is delivered, at the time of delivery. 18. Severance If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that is invalid shall not affect the validity of the remainder of the Agreement. 19. Time of Essence Time is of the Essence of this Agreement. 20, Whole Agreement The provision in this Agreement constitute the whole of the agreement between the parties and supersede all previous communications, representations, warranties, covenants and agreements whether verbal or written between the parties with respect to the subject matter hereof.

9 Contract for Garbage Collection Services Page 7 GENERAL REQUIREMENTS Collection Services The Contractor shall provide the following services for the Term: 1. The Contractor is required to provide Collection Services to all premises within the Municipality as defined by the map in Schedule C, attached to and forming part of this Contract. The Collection Services include providing services ALL PREMISES within the Municipality, whether or not the owner or occupier currently puts out refuse for collection. 2. Submit to the Village a Collection Schedule, in accordance with the frequency requirements set out in Schedule A, attached to and forming part of this Agreement, indicating on what day in each week of the Term that Waste will be collected from all premises within the Village; 3. Collect and remove all Waste in accordance with the Collection Schedule, from all premises within the Village, including the waste bins at the Village Transfer Station but not including the 40-yard general garbage waste collection bin at the Village Transfer Station; 4. Commence Collection Services no earlier than 8:00 a.m., local time, so that residents are not inconvenienced. 5. Dispose of all Waste collected at the Landfill; 6. Maintain all vehicles and equipment used in the provision of the Collection Services in a good state of repair and in a neat and clean condition and appearance; 7. Collect remove and dispose of all Waste in accordance with the limitations set out in Schedule A ; 8. Rent bear-resistant standard containers to owners or occupiers of apartments and trade premises, upon request, for a reasonable fee; and 9. Perform all the duties of the Garbage Collector as set out in the Bylaws Collection Limitations a) Contractor shall not collect, or dump in the Landfill, any Hazardous Waste or Prohibited Waste. In the event that the Contractor does collect or deliver such Waste, the contractor shall dispose of such Waste at its sole cost, in accordance with all applicable legislation b) The Contractor has the right to refuse to collect any Waste from any premises that is suspected to include Hazardous or Prohibited Waste c) The Contractor has the right to refuse to collect any Waste from any premises that is not contained within a Regulation Garbage Receptacle as defined by the Bylaws

10 Contract for Garbage Collection Services Page 8 SCHEDULE A PICK-UP FREQUENCY RESIDENTIAL Single Family Dwellings Strata Units, Mobile Homes Once weekly 2 cans/3.5 cu.ft.ea. Townhouses & Apartments Twice weekly 2 containers/3 cu.yds.ea COMMERCIAL All existing commercial storefronts and premises whether or not they are currently occupied Including but not limited to: Banks, Offices, Stores, Restaurants, Service Stations, Clubs, Campgrounds, Supermarkets & Hotels With commercial containers Twice weekly 2 containers/3 cu.yds.ea With residential size containers Twice weekly 2 cans/total 10 cu.ft. INSTITUTIONAL Including but not limited to: Schools, Hospitals, Churches, Municipal Buildings, Dental Office, Health Office, and other establishments not included above. With commercial containers twice weekly 2 containers/3 cu.yds.ea With residential size containers twice weekly 2 cans/total 10 cu.ft.

11 SCHEDULE B SCHEDULE OF PRICES MONTHLY FLAT RATE TO INCLUDE ALL EXISTING PREMISES WITHIN THE MUNICIPALITY Flat Rate for Collection Services per Month Flat Rate for Collection Services per Month Flat Rate for Collection Services per Month Flat Rate for Collection Services per Month Flat Rate for Collection Services per Month MONTHYL RATES FOR ADDITIONAL COLLECTION SERVICES FOR NEW DEVELOPMENT ONLY Monthly Rate per Additional Residential Collection Services: Two Once per Week Monthly Rate per Additional Commercial Collection Services: For Each Three Yard Twice per week Monthly Rate per Additional Residential Collection Services: Two Once per Week Monthly Rate per Additional Commercial Collection Services: For Each Three Yard Twice per week Monthly Rate per Additional Residential Collection Services: Two Once per Week Monthly Rate per Additional Commercial Collection Services: For Each Three Yard Twice per week Monthly Rate per Additional Residential Collection Services: Two Once per Week Monthly Rate per Additional Commercial Collection Services: For Each Three Yard Twice per week Monthly Rate per Additional Residential Collection Services: Two Once per Week Monthly Rate per Additional Commercial Collection Services: For Each Three Yard Twice per week

12 SCHEDULE C MUNICIPAL MAP DEFINING AREA OF COLLECTION SERVICES