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HomeMy WebLinkAbout2006-127 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006-127 being a By-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington, and to repeal By-law No. 94-129. WHEREAS the purpose of this By-law is to provide authority and rules to conduct purchasing and disposal transactions to satisfy the needs of The Corporation of the Municipality of Clarington, The Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS ACQuisition - means the process for obtaining Goods and/or Services for use whether on a permanent or on a temporary basis. Authorized Sianature shall_mean the approval of a person who is authorized to approve purchase requisitions and invoices on behalf of the Corporation conforming to the limits of the signing authority for the Cost of the required Goods and/or Services as shown on the record maintained by the Treasurer. Bid - includes a Proposal, a Quotation or a Tender. Bidder - is the person who responds to the Bid Solicitation and includes that person's heirs, executors, administrators, successors and assigns. Bid Solicitation - means a request by the Corporation for Bids for the provision of Goods and/or Services which may be made informally and verbally or in writing where the estimated Cost of the Goods and/or Services is Twenty Thousand ($20,000.00) Dollars or less, provided that where the estimated Cost of the Goods and/or Services is in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be made formally and in writing in the form of a Request for Quotation, Request for Tender or Request for Proposal. Page 2 Chief Administrative Officer - means the Chief Administrative Officer of the Corporation appointed by Council. Clerk - means the Municipal Clerk of the Corporation appointed by Council. Committee - means the General Purpose and Administration Committee of Council. Contract - means a binding agreement between two or more parties one of whom is the Corporation. Consultina and Professional Services - shall mean services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, brokers, soil consultants, real estate appraisers, Ontario land surveyors, and any other consulting and professional services not specifically otherwise noted. The term does not include any consulting and professional services referred to in Appendix "A" attached to and forming part of this By-law. Co-operative Purchasina - means the participation of the Corporation with one or more public agencies, school board, or hospital, in a Bid Solicitation. Corporation - means The Corporation of the Municipality of Clarington. Cost - means the actual price of Acquisition, including all applicable custom duties and taxes other than Goods and Services Tax and Federal Sales Tax unless otherwise specified in the Request for Tender, Request for Proposal or Request for Quotation and freight charges, less term discounts. Council - means the Council of the Corporation. Departments - means the Departments of the Corporation which comprise the FinancefTreasury, Clerk's, Emergency and Fire Services, Community Services, Operations, Engineering Services, Corporate Services and Planning Services Departments. Page 3 Desianated Official - means the head of each Department of the Corporation appointed by Council, or the person(s) shown on a record maintained by the Treasurer to be authorized or assigned by the head of a Department to administer the procedures and to exercise the powers set out in this By-law on behalf of the Corporation. Director of Corporate Services - means the Director of Corporate Services appointed by Council. Electronic Advertisina - means the use of a computer based system directly accessible by suppliers of Goods and/or Services irrespective of their location that provides suppliers with information related to Bid Solicitations. Emeraencv - means a situation or the threat of an impending situation determined by a head of a Department or a Designated Official of a Department to be one where the immediate lease or purchase of Goods and/or Services is essential to prevent serious delays, or damage to a basic service, or to maintain or restore a basic service provided by the Corporation. Goods and/or Services - means anyone or more of supplies, personal property, construction materials, construction services, insurance, employee benefits, construction, maintenance and service contracts. The term does not include Consulting and Professional Services, and the goods and services listed in Appendix "A" to this By-law. It also does not include the services provided pursuant to the TSH Agreement referred to in Appendix "A" to this By-law. In House Bid - means a Bid made by a Department or Local Union or Association authorized by the Chief Administrative Officer to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities. Instructions to Bidders - means the instructions given to prospective Bidders in a Bid Solicitation. Page 4 Local Bid - shall mean a Bid submitted by a Bidder who operates a business within the Municipality of Clarington and which Bid is in accordance with all applicable provincial statues and regulations, regulations of Local Boards, and By-laws of the Corporation. Local Boards - means any board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality. Number - words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. Person - means an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns. Personal Purchase - means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation, which is not required for the purposes of the Corporation but is for the benefit and use of the Person requesting the purchase. Preaualification - means a procedure whereby a prospective Bidder satisfies the Corporation that he or she is capable of supplying the Goods and/or Services in question as a condition of being allowed to submit a Tender or Proposal. Professional and Consultina Services - includes the services provided by: architects, brokers, and/or lawyers, and any other consulting and professional services rendered on behalf of the Corporation. Proposal - means an offer from a Bidder to provide Goods and/or Services, acceptance of which may be subject to further negotiation. It is the response submitted to a Request for Proposal. Page 5 Purchase Order - means a written Contract to purchase Goods and/or Services, or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager. Purchasina Card - means a credit card issued by the Designated Official of the Corporate Services Department in accordance with the Purchasing Card Policy to Purchase Goods and/or Services. Purchasina Manaaer - means the Purchasing Manager of the Corporation or the Director of Corporate Services, or his designate appointed by Council. Purchasina Procedures Manual - means the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Quotation - means an offer from a Bidder to sell Goods and/or Services to or to buy them from the Corporation at a specified rate or Cost. A Quotation may be made in response to a Request for Quotation, or otherwise. Record of Received and Opened Tenders - means the written record maintained by the Clerk on which when Bids are received and opened in response to a Request for Tender, the Clerk records the names of the Bidders and the amounts of the Bids. The record is signed by the Clerk or a designate and the Purchasing Manager or a designate. Reaional Bid - shall mean a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. Reauest for Proposal - is a form of Bid Solicitation whereby the Corporation invites a certain individual(s) or an identified supplier to submit Proposals with respect to a particular project, or the supply of Goods and/or Services, which the Purchasing Manager in consultation with the Designated Official of the requesting Department deems to be appropriate because acceptance of any Bids resulting from the Request for Proposal may be dependent on non-price factors which may require negotiations between a Bidder and the Corporation before a Contract is made between them. Page 6 ReQuest for Quotation - is a form of Bid Solicitation whereby the Corporation requests Cost Quotations with respect to a particular project or the Acquisition of particular Goods and/or Services. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost of Twenty Thousand ($20,000.00) Dollars or less, the Bid Solicitation may be informal and made verbally or in writing. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be formal and made in writing. ReQuest for Tender - is a form of Bid Solicitation whereby the Corporation publishes the specifications, terms, conditions and any and all details concerning the proposed Contract, and advertises for, or invites prospective Bidders to submit sealed Bids in accordance with detailed published procedures. Responsive and Responsible Bidder - is a Person responding to a Bid Solicitation who complies with its provisions by being responsive to the specifications, and the contractual tenms and conditions that are provided to him, and who can reasonably be expected to provide satisfactory performance of the proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficiency of financial and other resources. Senior Buver - shall mean the Senior Buyer of the Corporation appointed by Council. Tender - means an offer received from a Bidder of Goods and/or Services in response to a Request for Tender, the acceptance of which will result in the formation of a binding Contract between the Corporation and the Person submitting the Tender. Treasurer - means the Director of FinancelTreasurer appointed by Council. TSH AQreement - means the agreement between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1, 1993. Page 7 2. INTERPRETATION 2.1 Gender - Words imparting the male or female gender include other genders including the neutral gender, where the context so implies. 2.2 Number - Words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. 3. PURPOSE. GOALS AND OBJECTIVES 3.01 The purpose, goals and objectives of the By-law and of each of the methods of procurement authorized are: a) To encourage competition among suppliers; b) To maximize savings for taxpayers; c) To procure the required quality and quantity of Goods and/or Services in the most efficient and cost effective manner possible in the circumstances; d) To ensure fairness among Bidders; and e) To ensure openness, accountability and transparency while protecting the financial best interests of the Corporation. 4. COUNCIL RECESS PROCEDURES Where a matter which would have otherwise been submitted to Council pursuant to this By-law, requires approval during any of Council's recesses, the Chief Administrative Officer, the Treasurer, the Director of Corporate Services or their designates or the Designated Officials for the relevant requesting Department in the absence of the above shall be authorized to award Contracts which are the result of a Request for Tender, where the recommended Bid is made by the lowest Responsive and Responsible Bid/Quotation or is a Proposal in response to a Request for Proposal where the recommended Proposal is that of the highest ranked scoring proponent, provided that the price does not exceed the approved budget allocation, and at least two of the above noted officials, one of whom must be the Chief Administrative Officer or his designate, have authorized the award. The Purchasing Manager will report all such awards following the specific recess period to a meeting as soon as possible of the Committee after the conclusion of the recess in question, and then to Council. Page 8 Any exception to the above provisions of this paragraph requires the prior specific written approval of the Treasurer. 5. PRE-QUALIFICATION PROCESS Subject to contrary direction by Council, where in the opinion of the Purchasing Manager, Prequalification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been prequalified pursuant to this By- law. 6. PURCHASING CARDS Purchasing Cards may be used for all purchases less than $500.00 or where the Goods and/or Services do not fall under the requirements of the By-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and the Director of Corporate Services and at the request of the Department Head. The Purchasing Manager is responsible for the program outlined in the Corporation's Purchasing Card Policy.as approved by Council. 7. IN-HOUSE BIDS In House Bids may be used for the procurement of Goods and/or Services in circumstances where the Chief Administrative Officer considers it appropriate to do so. The Corporation does not consider any comparison done by management of the Corporation for cost analysis purposes of internal and external services to be an in-house Bid. 8. BY-LAW REVIEW The Purchasing Manager in consultation with appropriate staft of the Corporation shall conduct a detailed review of the Purchasing By-law on an as required basis, but not later than five (5) years following the passing by Council of the current By-law. The Purchasing Manager shall recommend any revisions to Council for consideration. 9. REJECTION OF BIDS In a Request for Proposal, Request for Quotation and Request for Tender, the Corporation shall reserve the right to reject a Bid from any Bidder based on the following considerations: . a Bidder or a subcontractor of a Bidder has an outstanding Page 9 legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; · a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and · a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws including Property Standards By-law. 10. NEGOTIATIONS 10.01 Altemative to Bid Solicitation - In place of a Bid Solicitation, purchase by negotiation, except as otherwise provided in a Request for Tender, Request for Proposal or Request for Quotation in which case in accordance with the Request for Tender, Request for Proposal or Request for Quotation may be undertaken by the Corporation when, in the judgement of the Designated Official of the requesting Department and the Purchasing Manager, any of the following conditions apply: (a) when, due to market conditions, Goods and/or Services are in short supply; (b) where the sources of supply of Goods and/or Services are restricted to the extent that there is not effective price competition, and consideration of substitutes is precluded due to any of the following: (i) the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or competitive product; (Ii) the purchase involves a component or replacement part for which there is no substitute; (iii) the purchase involves a type of Goods and/or Service for which compatibility with an existing product is the overriding consideration; (iv) the purchase involves Goods and/or Services only in accordance with standards adopted by Council which are not incorporated in this By-law; or (v) in other situations specifically authorized by Council; (c) where the Bid, Quotation or Proposal from the lowest Responsive and Responsible Bidder received through a Page 10 Request for Tender, Request for Proposal or a Request for Quotation substantially exceeds the Corporation's estimated cost of the Goods and/or Services; (d) when no Bid, Quotation or Proposal from a Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or Request for Quotation is received and it is impractical to issue a further Request for Tender, Request for Quotations or Request for Proposal; (e) when the extension or reinstatement of an existing Contract would prove most cost-effective or beneficial to the Corporation; (f) when the terms and conditions of a Proposal provide for negotiation with the selected proponent of any minor changes to the Proposal received; or (g) consulting services referred to in paragraph 15.15(a). 10.02 Neqotiations Provided for in Tender Documents - In the case of a Request for Tender for a construction project, negotiations shall be conducted in accordance with the C.C.D.C. Document 23 published by the Canadian Construction Association where expressly required by the provisions of a Request for Tender. 11. PURCHASE BY NEGOTIATION When any of the conditions in section 10.01(a) to (g) apply, the Purchasing Manager may, in consultation with Designated Official of the Department which requests the Acquisition, negotiate, make, extend or reinstate a Contract for the supply of Goods and/or Services. In the event that the Cost of such Contract, extension or reinstatement exceeds Seventy-Five Thousand ($75,000.00) Dollars, the Purchasing Manager in consultation with the initiating Designated Official, shall prepare a report and recommendation to an appropriate meeting of Committee and Council for approval before a Contract is made with the Corporation. 12. PURCHASE REQUISITIONS 12.01 Each Designated Official of a Department shall submit to the. Purchasing Manager a written request in the form of an "electronic purchase requisition" for the requirements of such Designated Official's Department for all Goods and/or Services. The assurance of the allocation of funds in the Page 11 approved budget and the provision of the appropriate accounting charge number shall be the responsibility of the Designated Official of the particular Department which has requested the Acquisition of the Goods and/or Services in question. 12.02 All electronic purchase requisitions submitted shall also bear an Authorized Signature conforming to the limits of the signing authority for the Cost of the required Goods and/or Services. 13. REQUESTS FOR PRODUCT INFORMATION Requests on behalf of the Corporation may be made by Designated Officials for product and technical information, catalogues and price lists for Goods and/or Services. Each Designated Official will provide the Purchasing Manager with such data, specification details and information relating to the procurement of Goods and/or Services, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all firm and/or estimated prices provided by Bidders. 14. DISPOSAL OF GOODS The disposal of surplus or redundant goods and materials of the Corporation shall be the responsibility of the Purchasing Manager unless otherwise directed by Council. At least once each calendar year, the head or Designated Official of each Department shall provide the Purchasing Manager with that Department's list of surplus or redundant goods and materials. The Purchasing Manager is authorized to determine the appropriate method of disposal of surplus or redundant goods and materials in the particular circumstances. Without limiting the generality of the foregoing, appropriate methods of disposal that may be selected by the Purchasing Manager include but are not limited to sale, Request for Tender, Request for Proposal, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager in his discretion may periodically circulate a list of surplus or redundant goods and materials to all Departments and Local Boards where appropriate. 15. PURCHASING PROCEDURES 15.01 Local Preference - If in the determination of the Purchasing Page 12 Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. In all other cases, the lowest Bid submitted by the Responsive and Responsible Bidder shall be accepted. The Province of Ontario's Discriminatory Business Practices Act (R.S.O. 1990) has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, arresting, place of origin, sex, or geographical location of persons employed in engaging in business. Therefore, other than noted above, preference to a Local Bid or a Regional Bid for the supply of Goods and/or Services to the Corporation shall not be given. 15.02 Purchase of Goods and/or Services - The following provisions shall apply to the purchase of Goods and/or Services: Subject to any direction that may be given from time to time by Council, the Purchasing Manager shall determine the method of Requisition of Goods and/or Services, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this By-law. The Purchasing Manager, at his discretion, may make Contracts with vendors in the form of: a) term orders; b) standing offer agreements; c) Contract orders; d) service agreement orders; e) systems contracts; f) lease or rental agreements; provided, however, that for individual transactions, the Cost will not exceed either the approved budgetary allocation, or the financial limits established by this By-law. 15.03 Purchase Order - The Acquisition of Goods and/or Services which Cost more than Seven Hundred and Fifty ($750.00) Page 13 Dollars shall be pursuant to a Purchase Order issued by the Purchasing Manager or the Senior Buyer. 15.04 INFORMAL REQUEST FOR QUOTATION Purchase of Goods areater than Five Hundred ($750.00) Dollars, but less than Twentv Thousand ($20,000.00) Dollars - Subject to paragraph 15.01, the Purchasing Manager is authorized to make Acquisitions of Goods and/or Services which Cost between Five Hundred ($750.00) Dollars and Twenty Thousand ($20,000.00) Dollars at the lowest available Cost, if (a) a minimum of three separate proposed Costs have been received by the Purchasing Manager, or if (b) three separate proposed Costs, in the opinion of the Purchasing Manager, cannot be obtained as a practical matter having regard to the urgency of the purchase requisition and/or availability of the Goods and/or Services in the marketplace, then such lesser number of proposed Costs as in the opinion of the Purchasing Manager could be obtained, in fact have been obtained, before the Acquisition of the Goods and/or Services in question is completed. 15.05 FORMAL REQUEST FOR QUOTATION Purchasina of Goods Greater than Twenty Thousand [$20,000.00) Dollars, but less than Fifty Thousand [$50,000.00) Dollars - Subject to compliance with paragraph 15.06, the Purchasing Manager shall be authorized to make Acquisitions of Goods and/or Services which Cost between Twenty Thousand ($20,000.00) Dollars and Fifty Thousand ($50,000.00) Dollars at the lowest available Cost, provided that: a) at least three formal, written Quotations of Costs are received or clause 15.04(b) is satisfied; b) the lowest Responsive and Responsible Bid received is accepted; and c) documents for all Quotations received are retained for inspection by the Treasurer or appropriate officials of the FinancelTreasury Department for audit purposes. 15.06 Reports to Desianated Official. Committee or Council - The Purchasing Manager shall submit a report to the appropriate Page 14 Designated Official providing a list of written Quotations Received with recommendations for award. The Acquisition of Goods and/or Services in this situation will be subject to the Designated Official of the requesting Department's approval. Where the Bid made by the lowest Responsive and Responsible Bidder is not accepted, or where the lowest Responsive and Responsible Bid exceeds the approved budget allocation, the Purchasing Manager shall, in consultation with the appropriate Designated Official of the requesting Department, submit a report to the Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract. The purchase of Goods and/or Services in this situation shall be subject to the Committee's and/or Council's approval. 15.07 REQUEST FOR TENDER REQUIRED - All purchases not otherwise identified in this By-law which have a Cost in excess of Fifty Thousand ($50,000.00) Dollars shall be made through Request for Tender, unless otherwise directed by Council. 15.08 Emerqencv Purchase Order - Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of the Operations Department and Emergency and Fire Services Department, may issue an Emergency Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles. subject to the following: a) that the Cost of the Goods and/or Services referred to in each separate order shall not exceed Five Thousand ($5,000.00) Dollars 15.09 Purchase Order Not to be Split - Purchase Orders shall not be split so as to circumvent the established method of purchase and the dollar limits imposed by this By-law. 15.10 Disclosure - Subject to the provisions of The Municipal Freedom of Information and Protection of Privacv Act, R.S.O. 1990, Chapter M.56, no Corporation employee nor any member of Council shall provide the Cost Bid for any Goods and/or Services except: Page 15 (a) in the case of Requests for Tender the total Bid amount; and (b) in the case of sealed Bid submitted in response to a Request for Proposal or a formal Request for Quotation in writing, the total Bid amount shall be provided on request of any person. Notwithstanding this paragraph 15.10, except as otherwise provided in the Municipal Freedom of Information and Protection of Privacy Act all Costs recorded during the opening of Tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the Municipal Act. R.S.O., 1990, Chapter M.45. 15.11 Emeroencv Purchase - Notwithstanding the provisions of this By-law, the Acquisition of Goods and/or Services in an Emergency may be made by the Purchasing Manager or Senior Buyer. In all such cases, a report shall be filed jointly by the Designated Official of the requesting Department and the Purchasing Manager to the Committee and/or Council, should the Cost of the Acquisition exceeds either the limits established by this By-law for the Acquisition of Goods and/or Services without a Bid Solicitation, or exceeds the Corporation's approved budget allocation for such Acquisition. In the absence of the Purchasing Manager or Senior Buyer, purchases for Emergency purposes may be made by a Designated Official provided that such Acquisitions are confirmed by a Purchase Order issued by the Purchasing Manager, as soon as possible thereafter. 15.12 Co-ooerative Purchasino - Notwithstanding the provisions of paragraphs 2 to 23, inclusive, of this By-law, Co-operative Purchasing with other municipalities, school boards, hospitals, or other public agencies shall be utilized, when advantageous and practical. The purchasing by-law and tendering practices of the municipality, school board, hospital or other public agency issuing such Tender(s) shall take precedence over the provisions of this By-law with respect to requesting, receiving and opening of the Tenders. Subsequent to the award of the Contract, paragraphs 24 and 26 of this By-law shall apply. Page 16 15.13 Reauests for Proposal - Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases at a Cost which exceeds Fifty Thousand ($50,000.00) Dollars, provided that wherever possible three written Proposals are received, and in consultation with the Designated Official, a report is submitted to the Committee and/or Council providing a list of Proposal amounts received with recommendations for award. The purchase of Goods and/or Services in this manner will be subject to Committee and/or Council approval. Purchase of Goods and/or Services may be made through the use of Requests for Proposal to obtain unique Proposals designed in order to meet broad outcomes to a complex problem or need for which there is no clear or single solution. It is the Corporation's policy generally, to select the Proposal that eams the highest ranked scoring and meets the requirements specified based on qualitative, technical and pricing considerations. When appropriate, Requests for Proposal shall be called by public advertisement and/or invitation to specific proponents. Request for Proposal must be submitted in the prescribed form and delivered to the Purchasing Manager's Office prior to the closing time and date established for the submission of Proposals. All Proposals received after the closing time and date shall be rejected. 15.14 Consultina and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the requesting Department may obtain the services on behalf of the Corporation, provided that if the requested consulting services are engineering or related services referred to in the TSH Agreement, the Director of Engineering Services shall be consulted before the services are purchased. Where it is estimated that Consulting and Professional Services will Cost more than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the Purchasing Manager shall issue a Request for Proposal and Page 17 in consultation with the Designated Official of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation, or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consultinq and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director of Engineering Services provided that it is based on an authorization approved by Council to acquire such Consulting and Professional Services. Where the Contract Cost exceeds Thirty Thousand ($30,000.00) Dollars a by-law authorizing the Mayor and Clerk to execute the Contract on behalf of the Corporation is required. (b) Where the requesting Department is the Planning Services Department and the Consulting and Professional Services are for the purpose of the preparation of an Environmental Study as referred to in Report PD-163-96, a Request for Proposal will be issued on an as-needed basis and a subsequent roster of consultants as approved by Council will be issued. Individual contracts for such Consulting and Professional services may then be approved by the Director of Planning Services. Page 18 Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation shall comply with this By-law. 15.16 Personal Purchases - No personal purchases of Goods and/or Services shall be made by the Corporation for Members of Council, or any appointed member of a Local Board of the Corporation, or for employees of the Corporation, unless specifically authorized by Council. 15.17 Conflict of Interest - In order to avoid any person from having an unfair advantage in making a Bid and to ensure the Bid process is open and transparent with no one Bidder having confidential information that other Bidders do not have, a) no employee of the Corporation or Member of Council shall Bid on the sale of Goods and/or Services except those disposed of by public auction, unless explicitly approved by the Chief Administrative Officer, and b) no Member of Councilor employee of the Corporation shall sell Goods and/or Services to the Corporation or have a direct or indirect interest in a company or own a company which sells Goods and/or Services to the Corporation. An extemal consultant who has entered into a Contract with the Corporation for the provision of consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest will be determined by the Purchasing Manager in consultation with the Designated Officer of the requesting Department. For clarity, this paragraph does not take precedence over or derogate from the Corporation's Code of Ethics as approved by Council. 16. TENDERING PROCEDURES The following procedures shall apply to the purchase by Tender of Goods and/or Services of an estimated Cost in excess of Fifty Thousand ($50,000.00) Dollars. Page 19 16.01 Advertisinq - All Requests for Tenders shall be made by Electronic Advertisement deemed by the Purchasing Manager to be appropriate in the circumstances, unless otherwise directed by the Committee and/or by Council. Other advertising methods such as in periodicals or newspapers may be used as deemed appropriate by the Purchasing Manager. 16.02 Tender Closinq Time - All Tender closing times shall be established by the Purchasing Manager or his designate. 16.03 Release of Information to Bidders - The Purchasing Manager or his designate shall supply the following materials to all prospective Bidders: a) one copy of the official Tender form relating to the Request for Tender; b) one standard Tender envelope or label appropriately Imprinted; c) Tender information including plans, specifications, profiles and other relevant information; and d) where a fee is required for the Tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise directed in the Request for Tender. 16.04 Recordinq and Control of Tender Material All names, addresses including e-mail addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 16.03 shall be recorded when Requests for Tenders are issued in order to facilitate distribution of addenda when necessary or to extend or cancel a Tender under call. 17. CHANGES TO TENDERS UNDER CALL 17.01 Preparation of Addendum - Interpretation or qualifications of a Tender document shall be made in the form of a written addendum. Addenda shall be necessary to revise, delete, substitute or add to Tender material under call. The Purchasing Manager shall approve the issuance of an addendum or the cancellation of the Request for Tenders. Page 20 17.02 Notification of Addenda to Bidders - If an addendum notice is prepared too late to allow notification by registered mail or courier prior to the Tender closing time, in addition to mailing the notice, each prospective Bidder shall be notified of the addendum by telegram or facsimile or electronic means. 17.03 Addenda Issued after Receiot of Tender - Where an addendum is released after the receipt of one or more Tenders which in the opinion of the Purchasing Manager may affect a Bidder's Tender, all Tenders received and deposited prior to the Tender opening may be withdrawn and the Bidder(s) shall be given a new set of Tender documents to be resubmitted in accordance with a further addendum. 17.04 Cancellation of Tender Under Call Where the circumstances require it to protect the interests of the Corporation and the Request for Tender permits it, the Purchasing Manager in consultation with the Designated Official of the requesting Department may cancel a Request for Tender either before or after Tenders are opened. The procedure for the notification of Bidders of a cancellation shall apply, as in paragraph 17.02 with all necessary changes being considered to have been made to give effect to this sentence. If a Request for Tender is cancelled prior to opening, all Tenders received after cancellation will be returned unopened to the Bidder by registered mail or courier with notification of the cancellation. Page 21 18. CONDITIONS OF TENDER SUBMISSION All Tenders shall be submitted to the Office of the Clerk and shall be subject to the following requirements: 18.01 The correct Tender form and envelope or label (with no extra exterior covering) as supplied by the Corporation must be used. 18.02 Tenders must be properly sealed and delivered to the Office of the Clerk prior to the Tender closing time established for that Tender. 18.03 Time of delivery of any Tender shall be determined by the Clerk or his delegate. 18.04 When received by the Office of the Clerk, the envelope(s) shall have the date and time of receipt noted on them by the Clerk or his delegate. Each Tender received shall be recorded in a Tender Register maintained by the Office of the Clerk. 18.05 All Tenders received by the Office of the Clerk shall be placed unopened in a suitable locked receptacle and shall remain under the control of the Clerk. 18.06 All Tenders delivered after the Tender closing time or in other than the Tender envelope or label supplied shall not be accepted by the Clerk and shall not be deposited in the Tender box maintained by the Clerk. The Purchasing Manager shall be advised of the circumstances and the Tender retumed unopened to the Bidder, accompanied by a letter which states "not accepted". 18.07 Where no return address is visible on the outside of a Tender that is delivered after the close of Tenders, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in 18.06 above. Page 22 19. FORM OF TENDER 19.01 All Tenders must be legible, written in ink or typed. 19.02 All items must be bid unless otherwise specified in the Request for Tender documents. 19.03 All entries including unit prices for each item referred to in the Bid must be clearly stated. 19.04 The Tender cannot contain any restrictive statements, nor can the Tender be qualified by separate letter. 19.05 All Tenders submitted must be signed by an authorized person. 19.06 All erasures, overwriting, strike-outs and other similar alterations inserted in the Bidder's Tender must be initialled by the person authorized to execute the documents on behalf of the Bidder. 20. BONDS AND DEPOSITS 20.01 Bid Deposit and Bid Bonds - All Requests for Tender requiring Bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington", shall be provided by a certified cheque, bank draft, money order or cash which shall be enclosed in the same envelope as the Bid. All Bid bonds for Contracts with a value of Fifty Thousand ($50,000.00) Dollars or more that are required by a Request for Tender shall be issued by a surety approved by the Treasurer and shall be in an amount, and in a form containing terms and conditions satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Manager in the Request for Tenders. Page 23 Total Amount of Bid $ 20,000.00 or LESS $ 20,000.01 to $ 50,000.00 $ 50,000.01 to $ 100,000.00 $ 100,000.01 to $ 250,000.00 $ 250,000.01 to $ 500,000.00 $ 500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 or OVER Mnimum Bid Deposit Reauired $ 1,000.00 $ 2,000.00 $ 5,000.00 $ 10,000.00 $ 25,000.00 $ 50,000.00 $100,000.00 $200,000.00 20.02 Forfeiture of Bid Deposit or Bid Bond - Should the successful Bidder fail to enter into a Contract with the Corporation, the amount of the Bid deposit provided by the Bidder in question shall be forfeited to and become the property of the Corporation. If a Bid Bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained forfeited to and made the property of the Corporation. 20.03 Bonds Other Than Bid Bonds Required by Reauest for Tender - When the deposit of a Performance Bond and/or a Labour and Material Payment Bond is a requirement of a Request for Tender, such Bonds in the amounts specified in the Tender documents issued by a surety approved by the Treasurer and in a form and containing terms and conditions approved by the Treasurer must be delivered by the Bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. WITHDRAWAL OF TENDERS 21.01 Withdrawal of Bid - Anyone submitting a Bid can only withdraw the Bid prior to the close of Tenders. Requests to withdraw received following the close of Tenders will not be accepted. 21.02 Procedure Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 21.03 Return of Certain Withdrawn Bids - All Bids withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. Page 24 21.04 Return of Documents - All withdrawals of Tenders that relate to Tenders deposited in the Tender box and all of the related documentation returned unopened following the Tender opening. 21.05 Withdrawal of Bids Durina Ooenina - During a Tender opening at the conclusion of the reading out of Bids for a particular Contract, the low Bidder may withdraw any of his remaining Tenders on other Contracts. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must certify in writing to his identity and state the Contract(s) on which he/she desires to withdraw. A written notice of withdrawal of tender in a form satisfactory to the Purchasing Manager must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his delegate before the reading out of the first Tender on the Contract(s) to which it applies. The Clerk or his delegate shall attach it to the applicable Tender. The Bidder's name shall be read out and it shall be announced that the Tender has been withdrawn in accordance with established procedure. The bid amount of the Tender shall not be read out. 22. OPENING TENDERS 22.01 All Tenders shall be opened by the Clerk or his designate for the Corporation and the Purchasing Manager or his designate and the Bids shall be duly recorded in the Record of Tenders. 22.02 Any interested person may attend a Tender opening. 22.03 Where two or more Tenders are called for at the same time, the Tenders shall be opened in numerical order, with the lowest numbered Tender being opened first. 22.04 Having established the order of precedence, the Clerk or his designate shall remove the Tenders from the Tender box. 22.05 Where a Tender cannot be identified as to the author or Contract number, such an envelope shall be opened and the documents placed with the appropriate group of Tenders. 22.06 Where a conflict exists in respect of the envelope and its contents as to the Contract number, the Contract number on the Tender documents shall prevail. Page 25 22.07 When all Tenders have been sorted, opened and withdrawn Tenders segregated pursuant to paragraph 21.04, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the Record of Tenders. Where a discrepancy exists, the proceedings shall be delayed until all Tenders have been accounted for. 22.08 When all Tenders are accounted for, the Clerk or his designate shall announce each Tender publicly in the following manner: i) Tender number and specifications; Ii) Bidder's name and location; iii) Bid deposit and bonding letter (if required); and iv) total Bid amount. 22.09 All Tenders shall be checked to determine that each Bidder has submitted one Bid only. Should more than one bid be submitted, the lowest Bid submitted shall be deemed to be the intended Bid, unless that Bid has been withdrawn in the manner prescribed in paragraph 21. 22.10 Following the opening and recording of Tenders by the Clerk, the Record of Tenders shall be closed and the record signed attesting to that fact. 22.11 With the exception of the Clerk and the Purchasing Manager or their designates, no dialogue will be permitted with respect to the proceedings on the opening of Tenders. 23. VERIFICATION OF TENDERS 23.01 Duty of Purchasina Manaaer - All Tenders will be delivered to the Purchasing Manager who shall ensure that: a) all Bids comply with the Tender requirements; b) all unit prices have been correctly extended, provided that unit prices shall determine the amount of the Bid, in the event of arithmetic errors; and c) all extensions have been correctly totalled. Page 26 23.02 Reservation and Review of Improper Bids - Any Bid that does not appear on initial examination by the Purchasing Manager or his designate to satisfy the requirements of the Request for Tender shall be deemed to be "improper Bids", and be subject to further examination by the Purchasing Manager so that the Purchasing Manager can determine whether it shall be rejected pursuant to paragraph 23.03. 23.03 Reiection of Non-Compliant Bids Notwithstanding paragraph 9 of this By-law, all Bids shall be rejected that are: a) received after the Tender closing time; b) delivered in other than the Tender envelope with the label or labels prescribed in the Request for Tender; c) that are not completed in ink or by typewriter; d) incomplete or do not comply with specifications; e) restrictive or contain conditional statements which are intended to alter the form or intent of the Tender submitted to the Corporation's response to the Request for Tenders; f) submitted with documents that are not signed by the Bidder with his original signature; or g) unaccompanied by bonding documents or bid deposits where required. 23.04 Exceptions The Purchasing Manager may at his discretion accept or reject a Bid when: a) the agreement to bond required by a Request for Tender has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the su rety; b) the envelope is improperly sealed; c) the documents are illegible; d) the envelope contains an improper Bid deposit or an insufficient amount; or e) the arithmetic extensions of the Cost contain gross errors. Page 27 24. AWARD OF TENDERS 24.01 Purchasing Manager to Review Bids Tendered - The Purchasing Manager shall review the Tender with the requesting Department in accordance with the provisions of paragraph 13.05 for all Tenders with a Cost under Seventy- five Thousand ($75.000.00) Dollars. For Tenders with a Cost over Seventy-Five Thousand ($75.000.00) Dollars the Purchasing Manager shall review the Tender with the requesting Department and shall then report to the General Purpose and Administration Committee and/or Council. Where the Tender amount exceeds the Corporation's approved budget allocation, the report shall contain the requisite information with respect to the source of additional funding. 24.02 Issue of Purchase Order - Upon approval of the Tender the Purchasing Manager. Senior Buyer or Director of Corporate Services or his designate shall make the award and issue a Purchase Order in accordance with the conditions of the Request for Tender. 24.03 Approval of Over Expenditure - Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's Finance Policy as approved by Council. 25. DISPOSITION OF BID DEPOSITS Except as provided in paragraph 22.03, following the awarding or cancellation of a Tender, all deposits, with the exception of the lowest and the second lowest Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail or courier. or if picked up, receipt acknowledged in writing. The retained deposits will be held until the Contract is executed by the Corporation. 26. EXECUTION OF CONTRACT The successful Bidder shall be allowed ten (10) working days from the date of mailing of the form of Contract to execute and return the same to the Purchasing Manager. Page 28 27. DEFAULT BY SUCCESSFUL BIDDER If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Tender may be awarded to the next lowest Bidder{s) or cancelled. In the event a successful Bidder fails to execute, finalize and/or provide acceptable surety for a Contract, the Bidder's deposit{s) will be forfeited. 28. TSH AGREEMENT For clarity, none of the provisions of this By-law is intended to or shall be deemed to affect any provisions of or the rights, obligations and responsibilities of the parties to the TSH Agreement including the responsibilities of the official of the Corporation named in the TSH Agreement. 29. ABSOLUTE RIGHT Notwithstanding the provisions of this By-law except as may be otherwise provided in a Request for Tender, the Corporation shall have absolute discretion in the awarding of contracts and retains the right to reject any or all Tenders. 30. SEVERABILITY Should any provisions, clauses, sections, phrases or parts of this By- law, or the application thereof under certain circumstances, be held by a Court of competent jurisdiction to be invalid, the remainder of this By-law, or the application of such provision, clause or part under other circumstances, shall not be affected. Page 29 31. By-Law #94-129 as amended is hereby repealed. BY-LAW read a first time this 12th day of June, 2006. BY-LAW read a second time this 12th day of June, 2006. BY-LAW read a third time and finally passed this 12th day of June, 2006. ~-- APPENDIX "A" To By-Law # 2006- 127 The Purchasing By-law and a Purchase Order are not required unless specifically requested by a Department Head or the vendor or supplier of the Goods and/or Services in question does not apply to the items listed below. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions 3. Refundable Employee Expenses a. Advances b. Meal Allowances c. Miscellaneous - Non - Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals c. Licenses (Vehicles, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees 5. Certain Professional and other Services a. Committee Fees b. Counselling Services c. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking and Underwriting Services, where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in a contract between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1, 1993 j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies 6.1 Utilities a. Postage b. Water c. Hydro d. Gas e. Telephones - excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways 6.3 Provincial and/or Federal Government Agencies or Crown Corporations 6.4 Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services