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HomeMy WebLinkAboutTR-92-96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: ENERAL PURPOSE AND ADMINISTRATION COMMITTEE ( Jb- 0� File# [date: MONDAY, DECEMBER 2, 1996 Res. # Sy-Law# Ck) sac) Report#: TR-9 2-9 6 File#: Subject: PROPOSED CHANGE TO PURCHASING BY-LAW #94-129 BID BONDS VERSUS CERTIFIED CHEQUES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-92-96 be received; 2 . THAT Purchasing By-law #94-129 be amended, Paragraph 6, Item 6 . 03d) , Release of Information to Bidders and Paragraph 10, Bonds and Deposits, as identified in Schedule "A" attached. BACKGROUND AND COMMENT: In response to the attached letter marked Scheduled "B" , from Salvatore (Sam) Morra, Executive Director, Ontario Sewer and Watermain Construction Association, Council approved Resolution #C-438-96 in May 1996, which read as follows : I "THAT the correspondence dated May 9, 1996, from Salvatore (Sam) Morra, Executive Director, Ontario Sewer and Watermain Construction Association requesting that the Municipality review its policy regarding tendering securities and consider accepting the use of bid bonds on capital projects, be received; THAT the correspondence be referred to the Treasurer for review and the preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Salvatore (Sam) Morra be advised of Council' s decision. " i With respect to this review, a survey was distributed to ten local government purchasing managers requesting their participation regarding the use of bid bonds versus certified cheques or equivalent as tender security. ' I PA PI L 808 PAPER RECYCLE iH 4S IS PRIMED Q'!RECYCLED PAPER REPORT NO. : TR-92-96 PAGE 2 With respect to acceptance of bid bonds, the survey (see Schedule "C" attached) , resulted in four (4) NO responses and five (5) YES responses . Exceptions are the Durham Region who require Special Approval to use bid bonds on large contracts and the Town of Whitby who use bid bonds for contracts less than $50, 000 . 00 and a certified cheque or bid bond required for contracts over $50, 000 . 00 . There have been many occasions in the past where a contractor has been unable to bid on a Municipality of Clarington contract as they had too many outstanding certified cheque bid deposits that had not been released. Therefore, based on the information gathered in the survey, it is the recommendation of staff that the Purchasing By-law be amended as per Schedule "A" attached. This change is in accordance with Industry Standards and will allow more competition for Municipality of Clarington projects . Yr �ecMarano,lly submitted, Reviewed by, ,/ "v H.BSc. ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*ld 809 SCHEDULE "A" Page 8, Section 6 . 03 d) RELEASE OF INFORMATION TO BIDDERS CURRENTLY READS : i "where a deposit is required for tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque . If applicable, refunds shall only be made when all required tender documents are returned to the Corporation in good condition. " AMENDED TO READ: "where a deposit is required for tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft, or certified cheque . Bid Bonds will be accepted for tenders valued over $50, 000 . 00 . If applicable, refunds shall only be made when all required tender documents are returned to the Corporation in good conditions . " Page 11, Section 10, BONDS AND DEPOSITS CURRENTLY READS : All tenders requiring bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington" and shall be in the form of a certified cheque, bank draft, money order or cash and shall be enclosed in the same envelope as the tender. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Agent . AMENDED TO READ: All tenders requiring bid deposits shall have such deposits made j payable to "The Corporation of the Municipality of Clarington" and shall be in the form of a certified cheque, bank draft, money order or cash and shall be enclosed in the same envelope as the tender. Bid bonds will be accepted for tenders valued over $50, 000 . 00 . Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Agent . I 810 WSCHEDULE "B" ONTARIO SEWER AND WATERMAIN CONSTRUCTION ,ASSOCIATION May 9, 1996 Faxed to: (905) 623-5717 The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, ON .L1C 3A6 Attention: Mayor Diane Harare and Town Council Dear Mayor Hamre and Town Council: We are writing to you today to express our concerns in regards to promotin the use of bid bonds as a farm of tender security for your capital projects. The use of bid bonds on capital projects will lower the overall project cost because a contractor will not have to build in the interest costs associated with certified cheques Bing held for days or weeks or sometimes even months. Also, the bid bond provides a very accep table form of security while increasing available working capital to contractors and thus in reasing competition. Furthermore, the process of obtaining a bid bond more aptly lends itself to the time sensitive tendering process. We respectfully request that your municipality review its policy regarding te idering securities and consider accepting tbQ use of bid bonds on capital projects. In the altcr wive, we respectfully request that the use of bid bonds be considered in replacing the certified heque of the second bidder after the tender has closed. We respectfully submit the following partial list of municipalities which acce t bid bonds as tender security: Brampton, City of Carleton Place, Town of Dryden, Town of Fort Frances, Town of Gloucester, City of Grimsby, Town of Halton, .Region of Hearst, Town of Kingston, City of ./2 OSWC'A 5045 Orbitor Drive, Unit 12, Suitc 300, Mississauga, Ontario L4W 4Y4 TEL 9 5 629-7765 FAX 405 629-0587 I 811 I 2 Kirkland Lake, Town of Leamington, Town of London, City of Muskoka, District of Nepean, City of Niagara-on-the-Lake, Town of North Bay, City of Orangeville, Town of Oshawa, City of Ottawa, City of Ottawa-Carleton, Region of Owen Sound, City of Parry Sound, Town of Perth, Town of Peterborough, City of Pickering, Town of Prescott, Town of Renfrew, Town of Sault Ste, Marie, City of Smith Falls, Town of Tecumseh, Town of Thessalon, Town of Thunder Bay, City of j Metropolitan Toronto Works.Dept. Vaughan, City of Vanier, City of Wailaceburg, Town of Waterloo, City of Waterloo, Region of Wlutchurch, Town of Windsor, City of Please let me know Council's thoughts regarding this initiative, Thank you f Jr your time and consideration. Respectfully yours, Salvatore Sam) Morra, P. Eng. Executive Director cc: Ms, R Barrie, Clerk Mr. D. Patterson, .Manager of Operations, Works Department 8 1 2 TOTAL PAGE . 002 BID BOND VERSUS CERTIFIED CHEQUES SCHEDULE "C" The following is a list of responses to my questionnaire re bid bonds versus certified cheques as tender security. The questionnaire was mailed to ten local government purchasing managers with nine responses. 1. Does your municipality/town/region accept bid bonds as a form of tender security for capital projects? Ajax No Belleville No Durham Region No - Special Approval required to use bid bonds on huge contracts Region of York No Kingston Yes Oshawa Yes Peterborough Yes Pickering Yes Whitby Yes - less than $50,000. Over $50,000 Bond or certified cheque 2. What were some of the reasons that helped you make the decision to accept bid bonds? Industry standards and By-Law Use of a Bid Bond does not tie up the bidders cash during the bid evaluation and award process Commonly used in the industry f Not practical to request certified cheque on large projects To Help Competition 3. Do you agree that accepting bid bonds increases the amount of working capital to contractors and thus increases competition among contractors? 2 -No 2 - Yes 1 -Not sure Not sure to working capital Yes to competition All cheques except first three can be picked up after tender opening. Usually not a drain on a company 4. Do you agree that the use of bid bonds requires the contractor to be financially and technically prequalified by the surety and that the surety considers the contractor to be a good credit risk, fully capable of performing the contract's obligations. 3 - Yes For the same reasons performance and material bonds guarantee financial stability of the contractor Similar is achieved through the submission of an agreement to bond for performance The Bid Bond is not to establish credit risk alone. It is to act as a deterrent to not entering into a contract That's the theory Similar is achieved through the submission of an agreement to bond for performance 5. What were the reasons behind your decision not to accept bid bonds? If applicable. Time Delay in getting money to complete the retender. Certified cheque is cash on hand Now Evaluating - Main Reason - More Risk, can be delays in getting resolution from surety Cheques provide undisputed immediate security. Bid bonds,create a third party involvement which serves the interests of the bidder more than that of the public entity. 813 Page Two Summary 6. Should the contractor fail to enter into the construction contract or fail to provide the required security, what has been your experience with the surety company with regard to cashing a bid bond? Advise the time frame from request of cashing to actual receipt of monies? No problem as yet Hasn't happened Limited experience in defaults - one claim in last two years processed promptly 7. Alternatively, if you do not accept bid bonds, do you give the second bidder the option of replacing his certified cheque with a bid bond after the tender has closed? I 3 - Yes Not Usually Second and third place cheque returned upon council acceptance of first place bidder. First cheque is returned when contract is signed by both parties. I 814 THE CORPORATION or THE MUNICIPALITY OF CLARINGTON 13Y-LAW NO. 96-zs being a by-law to amend the Purchasing By-law, By-law No. 94-129,as arnended respecting Environmental Consulting and Professional Services WkfERF..AS at its meeting on December 9, 1996, Council approved the recommendations contained in Report #PD-163-96, as arnended, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF-CLARINGTON ENACTS AS FOLLOWS: 1. Paragraph 5.13 of By-law No. 94-129, as amended, is further arnended by adding the following at the end of the first sentence thereof: "Where the initiating Department is the Department of Planning and Development and the Consulting and Professional Services are to be provided by one of the firms indicated in the Municipality's Roster of Consultants for the preparation of Environmental Studies referred to in Report #PD-163-96, a purchase order for the services may be issued for the Municipality by the Director of Planning and [development." By-law read a first time this 9th day of December, 1996. By-law read a second time this 9th day of December, 1996. By-law read a third time and finally passed this 9th day of December, 1996. mayor I C r � _ I I