TOWN OF LABRADOR CITY FORM OF TENDER TLC-13-18 RESIDENTIAL GARBAGE COLLECTION CONTRACT TENDER OF ADDRESS TELEPHONE NUMBER 1. The undersigned bidder has carefully examined the proposed project and all conditions affecting such, as well as the Contract Documents including the Form of Tender, Instructions to Bidders and Residential Garbage Collection Agreement and is fully informed of existing conditions and requirements. We, the undersigned, hereby offer to furnish all necessary labor, materials, superintendence, plant tools and equipment and everything else required to perform expeditiously and complete in a satisfactory manner the contract from January 1, 2019 to December 31, 2024 for the sum of: $ in lawful money of Canada, which includes all prime costs, allowances, Government Sales and excise tax in force at this date including Harmonized Sales Tax, except as otherwise provided in the tendering documents. 2. We enclose Herewith as required by the Instructions to Bidders: (a) (b) A Bid Bond in an acceptable form and correct amount issued by a Company licensed to carry on such a business in the Province of Newfoundland and Labrador, or A certified cheque in the correct amount. In the event of this tender being accepted within the time stated in Section three (3) below and our failure to enter into a contract in the form hereinafter mentioned for the amount of our tender, the said security may, at the option of the Town, be forfeited. The forfeiting of the security does not limit the right of action of the Town against us for our failure or refusal to enter into a contract.
3. If notified in writing by the Town of the Acceptance of the Tender within sixty (60) days of the tender closing date subject to such other period as maybe specified in the Tender Documents, we will, (a) (b) (c) Execute the Residential Garbage Collection Agreement If specified, furnish the security for the proper completion of the work, the said security, if in the form of bonds, to be issued on an acceptable form. Complete substantially all the work included in the contract within the time and under the conditions specified. 4. We understand that the Performance Bond and Insurance as required by the Contract Documents must be provided and in force prior to the commencement of any work and satisfactory proof of such to be provided to the Town. 5. We declare that the amount herein tendered includes all sales taxes, royalties, custom duties, foreign exchange charges, transportation, travelling costs, all overhead and profit, all co-ordination fees, insurance premiums and all other charges, 6. In order for a tender to be valid, it must be signed by duly authorized officials as indicated in the Instructions to Bidders. Signature Tenderer of Firm Name Address Corporate Seal: Signing Officer Witnessed by: Signing Officer
1. TENDERS INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS a. Envelopes containing the Tender shall be clearly marked Tender for Residential Garbage Collection and addressed to the attention of the: Town Clerk, Town Hall, P.O. Box 280, Labrador City, NL A2V 2K5. Include Bidders name and return address on the envelope b. Tenders shall close at 3:00pm local time, Labrador City on: October 26, 2018 c. The tender documents shall consist of the Form of Tender, Instructions to Bidders, Residential Garbage Collection Agreement and any Addendums or Amendments issued during the tender period. d. The Residential Garbage Collection Agreement is included in the contract documents at the time of tendering for the purpose of information to bidders and shall not be completed at the time of tendering. e. Every Tenderer shall submit with his tender a Bid Bond issued by an approved surety company licensed to do business in the province of Newfoundland Labrador and made out in favor of the Town of Labrador City. The Bid Bond shall be at least ten percent (10%) of the tendered amount. An approved certified cheque may be submitted in lieu of the Bid Bond. The bidding security will be returned upon receipt of the Performance Bond. f. The terms of the bid security will be invoked and the amount retained by the town if the bidder fails to enter into an agreement when notified of the award of the work within the tender validity period; or fails to provide the Performance Bond in the amount and within the period specified. g. A Performance Bond will be required in the amount of fifty percent (50%) of the annual quotation for each year of the agreement. The initial Performance Bond is to be received not later than three (3) weeks after the award of the contract by the letter of intent and prior to the formal execution of the Agreement. No work is to be undertaken until the Performance Bond has been received. The Performance Bond for each of the (4) subsequent years of the agreement shall be provided to the Town of Labrador City on or before December 1st of the prior year. Failure to provide the Performance Bond by the specified dates will result in termination of the contract at the end of the calendar year. A certified cheque will be accepted in lieu of the Performance Bond. h. Type or legibly print the information on the tender form. i. Type or legibly print the tenderers full business name and address in the spaces provided on the tender form. j. Sign the tender form in the space provided as indicated.
k. In the case of a sole proprietorship; signature of the sole proprietor where indicated in the presence of a witness who will sign where indicated. Insert the words sole proprietor next to the signature. l. In the case of a partnership, signature of all partners where indicated in the presence of a witness who will sign where indicated. Insert the words partner next to signatures. In the case of a limited company, signatures of authorized signing officers in the presence of a witness who will sign where indicated, and the corporate seal will be affixed. Indicate next to the signature the corporate title of each signer. 2. UNACCEPTABLE TENDERS a. Tenders not submitted on the Form of Tender will not be considered. b. Tenders received after the tender closing time will not be considered. c. Incomplete tenders will be rejected. d. Tenders not accompanied by an approved security in the correct amount will be rejected. e. Tenders containing qualification or additional clauses to the tender form will be rejected. f. E-mail or facsimile tenders will not be accepted. 3. SUBTITUTIONS a. Tenders shall be based upon using the equipment as specified without substitution. Where two or more equipment models are specified, the choice shall be left to the contractor. Where only one equipment model is stated, there shall be no substitution. b. Where the specifications include the OR APPROVED EQUAL clause, substitutions may be proposed provided that: (l) The request for substitution is made in writing at least seven (7) days prior to the tender closing date. (ii) (iii) (iv) The request shall clearly define and describe the products for which the substitution is requested. The substitution item is equivalent to the described item with regard to design, function, appearance, durability, operation and quality. Approval of the substitution by the Town shall be in the form of an Addendum to the specifications issued to all the tenderers listed as having received a copy of the contract documents.
4. ACCEPTANCE OF TENDERS a. The Town will not necessarily accept the lowest or any tender. The town accepts no responsibility for any costs associated with the preparation of a tender including, without restricting the generality of the foregoing, the costs of a Bid Bond or a Performance Bond. b. Upon acceptance of the tender, the Tender Form becomes part of the Contract Documents and the successful tenderer becomes the Contractor. The Contractor will be required to execute a formal agreement with the Town within thirty (30) days of the letter of intent. 5. PERSON TO CONTACT For further information contact Peter Boland at the following telephone number 709-944-7172 or fax number 709-944-2443. 6. WORKERS COMPENSATION & INSURANCE The Contractor covenants with the Town that its employees shall be fully covered within Worker s Compensation Regulations, and the Company shall furnish to the Town satisfactory proof that its employees are fully covered under the Worker s Compensation Act. The Company agrees to provide the Town prior to performing work hereunder with confirmation of full insurance coverage including with generality of the foregoing, comprehensive general liability insurance of at least two million dollars ($2,000,000.) covering the equipment. The company will be required to add the Town Council of Labrador City to this insurance policy as named insured. The Town shall require thirty (30) days written notice of any material change in or cancellation of the insurance policy. 7. TAXES a. The Town of Labrador City is subject to the Harmonized Sales Tax at the rate of 15%. b. Above referenced tax shall be shown separately on all invoices presented to the Town of Labrador City for payment. The sums herein tendered include all taxes, royalties, custom duties, foreign exchange charges, transportation, traveling costs, all overhead and profit, all co-ordination fees, insurance premiums and all other charges.
RESIDENTIAL GARBAGE COLLECTION AGREEMENT This Agreement made at the Town of Labrador City, in the Province of Newfoundland this. day of Anno Domini, Two Thousand and Nineteen. BETWEEN AND The Town Council of Labrador City (hereinafter called the TOWN of the one part) (hereinafter called the COMPANY of the one part) Whereas the Town has invited tenders for the collection and disposal of garbage and refuse on a once weekly basis at each of the dwellings and apartment houses and Town owned facilities in Labrador City and closing date for bids was. And whereas the Company submitted a tender which was duly accepted by the Town. And therefore this agreement withnesseth that in consideration of the covenants, agreements and conditions herein contained, the parties hereto agree as follows: 1. The Company agrees to be responsible for and provide collection and disposal of garbage and refuse. The Company agrees to provide these services in good and workmanlike manner in accordance with the regulations of the Town, as amended from time to time, and the regulations of any Provincial or Federal health authorities in effect from time to time. 2. The Company shall collect all garbage and refuse which has been placed for disposal at each of the dwellings and apartment houses and Town owned facility once per week basis. For the purpose of this contract, the Town owned facilities are as follows: 1. Town Hall, Hudson Drive 2. Town Depot, Tamarack Drive 3. Labrador City Arena and Curling Club. 4. Community Gardens (May October) 3. Garbage shall be collected only between the hours of 8:00 a.m. and 8:00 p.m. and from Monday to Friday inclusive. The Company shall establish regular schedules for such removal and disposal of garbage and refuse and these schedules shall be subject to approval by the Town. 4. The Company covenants to supply all labor and equipment necessary to provide Labrador City with a satisfactory service for the collection and disposal of garbage and refuse as per the terms of this Agreement.
5. Removal and disposal of garbage and refuse shall be by transporting same in enclosed compactor trucks. Enclosed metal containers shall be provided by the Company at each apartment house and town owned facility. Compactor(s) capable of dumping such metal containers shall be provided by the Company for the purpose of this contract, an apartment building is one which has a minimum of six (6) dwelling units. Transporting such garbage and refuse shall be in accordance with all applicable Municipal, Provincial and Federal regulations to the Labrador West Landfill. 6. The Labrador West Landfill will be closed to garbage disposal on holidays specified by the Town of Labrador City. In the event of a holiday, garbage shall be picked up on the day before or day following scheduled pickup at the discretion of the Town. It is the responsibility of the Company to coordinate this contract with the operation of the Labrador West Landfill. 7. This agreement shall be for a (5) five year period commencing January 1, 2019 and ending December 31, 2024. Council reserves the right to give ninety (90) days written notice of intent to extend this contract for a one year period and the option of extending for one more additional years. a. The Town of Labrador City agrees to pay to the Company a monthly rate based on the total tendered amount divided by sixty (60). b. All payments due under the contract shall be paid by the Town within thirty (30) days from the date of invoicing by the Company. 8. The Company shall in the performance of this agreement provide and use only adequate and proper machines (trucks equipped with automated mechanical arm) and vehicles and the said vehicles shall be so designed as to prevent spilling and loss of garbage and refuse while the same is being transported therein. The Company shall employ a sufficient number of competent drivers, operators and manpower for the efficient performance of this agreement. The Company shall have the onus of proving to the Town that the said equipment is mobile and in full operating condition and the Town shall have the right to inspect the Company s equipment at all reasonable time. 9. The Company shall be responsible for supplying all equipment, personnel and materials for the due execution of the work and these as well as any applicable taxes or other charges, are understood to be included in quoted rates. 10. The Company shall employ orderly, competent and skillful employees to do the work herein and covenants that the employees shall be fully covered within Worker s Compensation Regulations. The company shall on request furnish to the Town satisfactory proof that its employees are fully covered under the Worker s Compensation Act and Regulations thereto.
11. The Company agrees to provide the Town prior to performing work hereunder with confirmation of full insurance coverage including with generality of the foregoing, comprehensive general liability insurance of at least two million dollars ($2,000,000.) covering the equipment. The company will be required to add the Town Council of Labrador City to this insurance policy as named insured. The Town shall require thirty (30) days written notice of any material change in or cancellation of the insurance policy. 12. Notwithstanding any other provision of this agreement, it is expressly understood and agreed that the company shall provide qualified supervisory personnel at all times acceptable to the town to: Be familiar with the scope of work to be carried out including those garbage collection routes established by the town. Direct the equipment operators in carrying out the work in accordance with the terms of the agreement. 13. The town reserves the right to determine whether or not the methods being used by the company respecting garbage collection are satisfactory and to make responsible changes thereof; however this clause shall not be construed to create any liability on the Town for work performed by the Company and will in no way create any agency relationship between the Town and the Company. 14. It is expressly understood and agreed that the company carries on its activities and will continue to do so in accordance with the present agreement, as an independent contractor and not as an agent of the Town. The company agrees that the personnel engaged by it in the handling of its affairs will be is own employees, subject to its direction and it shall be totally responsible for their acts and omissions as well as for losses or damages which may result. 15. It is expressly understood and agreed that the Company will have available adequate back-up or support equipment in the event of the loss from service of one of the contracted machines for any reasonable period of time. 16. The company shall provide equipment of the standard and quality that meets the specifications contained in the Instructions of Bidders and that all equipment supplied by the company is kept fully operational and mobile. 17. The town may terminate this agreement at any time by notifying the company in writing of its intention to terminate in any one of the following events, namely: In the event the company is unable to perform the work under this agreement. In the event the company goes into bankruptcy or becomes insolvent or commits an act of bankruptcy as defined in the bankruptcy act. In the event of transfer of shares of the company so as to effectively change control of the company, without prior authorizations of the Town. 18. Except as provided in clause 19 or elsewhere in the agreement neither of the parties hereto shall have the right to terminate this agreement prior to the expiration of its term.
19. In the event of early termination of this agreement as provided in Clause 17, the town shall be entitled to claim all damages arising from the failure of the company to complete its obligations under the agreement and such damages shall be in addition to and not in substitution for other remedies of the Town. 20. This agreement shall be binding on the parties hereto, their respective heirs, executors, administrators and assigns. 21. All matters in difference in relation to this agreement and to the affairs of the business shall be referred to the arbitration of a third single arbitrator, if the parties hereto agree upon one, otherwise the three arbitrators, one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. A dispute shall be submitted for arbitration by written notice given by either party or the other. Each party shall either agree to a sole arbitrator or nominate its appointee within the ten (10) days of the Notice to Arbitrate. In the vent such dispute is referred to three (3) arbitrators, the respective appointees shall have a further seven (7) days to nominate a third arbitrator. If either party shall neglect to name its arbitrator in the time specified, the arbitrator named by the other party shall proceed with the arbitration and the award of such arbitrator shall be final and binding on the parties hereto and their respective heirs, executor, administrators and assigns. If the two arbitrators appointed by the parties do not agree upon a third, then a third arbitrator may, upon petition of either party, be appointed by a Judge of the Supreme Court of Newfoundland. The award and determine of such arbitrators, or any two of such three arbitrators shall be binding upon the parties and their respective heirs, executors and administrators and assigns. Each party shall pay its own cost and shall share equally the cost of the arbitration. 22. It is expressly understood and agreed between the parties hereto that neither this agreement or any part hereof is outside the capacity of the Town of Labrador City and if any portion of this agreement shall be rendered invalid by the provision of any governing law then such portion will be severable and the Town shall not be liable for damages in the case of any such severance. 23. The Company shall have no right to assign or sublet all or any of its obligations under this agreement without the prior consent of the town, which consent may at the discretion of the Town be withheld.
IN WITNESS WHEREOF the parties have caused these presents to be executed in accordance with their rules and regulations the day and year first written. The corporate seal of the Town of Labrador City was affixed in the presence of: Town Council of Labrador City Per: The corporate seal of was affixed in the presence of: Per: