HomeMy WebLinkAboutTR-64-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: MONDAY, JULY 18, 1994 Res. # �
Report#:___TR_-64-94 File#: By-Law#
Subject: PURCHASING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report TR-64-94 be received;
2 . THAT Purchasing By-law #82-96 and #83-16 be repealed; and
3. THAT the attached By-Law marked Schedule "All be approved.
BACKGROUND AND COMMENT:
In conjunction with report # TR-63-94 regarding a Local Preference
Policy, staff felt that it was appropriate to review the Purchasing
By-law in its entirety.
The existing Purchasing By-law was implemented in 1982 with only
one minor change which was approved in 1983. It has become evident
over the years that the By-law was lacking in numerous areas as
there were many situations that were not addressed such as tie
bids, personal purchases, and co-operative purchasing.chasing. In
addition, as the Municipality has grown, procedures which were
implemented in 1982 are no longer appropriate and in the best
interest of the Municipality. Due to inflation, the amounts
established for the purchase of goods, works, and services in 1982
are unrealistic in today's economic environment. Many of the
supplies, materials, equipment, general maintenance and services
which had been obtained by quotation, now must be obtained by
46)
REPORT NO. : TR-64-94 PAGE 2
PURCHASING BY-LAW
tender, which incurs the accompanying costs in advertising and
staff time and delay in placing orders. Based on an average
inflation rate of five (5%) percent annually compounded over the
past twelve years, this figure of $15,000.00 established for
calling a public tender has risen to approximately $25,000.00,
which is the basis for the recommendation to increase this amount.
The attached Schedule "B" identifies and compares the proposed
changes to the existing By-law. In addition, also attached, marked
Schedule "C" is a "Purchasing By-law Comparison By Municipality" of
the major changes .
With respect to a Local Preference Policy this issue has been
addressed in a separate information report # TR-63-94 and the
recommended change is identified under section 5, paragraph 5 . 1 in
the attached By-law.
For the information of Council, the revised By-law has been
reviewed by the Municipality's solicitor as well as the Chief
Administrative Officer and the Department Heads .
Due to the number of changes required to the existing By-law, it is
respectfully recommended that By-law #82-96 and 83-16 be repealed
and that it be replaced in its entirety with the attached By-law.
I
Respectfully submitted, Reviewed by,
e Marano, H.BSc . ,AMCT. , W.H. Stockwell,
Treasurer Chief Administrative Officer
MM*LB*ld
Attachments
i
/ 4V
SCHEDULE "All
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 94-
being a By-law to define the purchasing and tendering policies and
..: procedures applying to the purchase of all types of goods, works
and services by The Corporation of The Municipality of Clarington,
`.` and to repeal By-law #82-96 and #83-16.
Y f
:.. ...
BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of The
Corporation of the Municipality of
- °- P Y Clarington thereof as follows:
`-`yX' 1. DEFINITIONS
...............
..... Bidders) - shall mean supplier, vendor, contractor,
:. . .T;:.
developer,
... , professionals and/or their heirs, executors,
administrators and assigns.
__.
,,;;•.......:......:.,,,:._ k shall mean the Clerk of the Corporation appointed b
PP Y
Council.
z Council - shall mean the elected Council of the Corporation.
.::
wr
.::.......... Committee - shall mean a "standing or ad-hoc committee of the
;::•::::'::::':;:.;:.;.;.,.'.: Corporation.
M. A
' Cor '
p ion
orat shall mean The Corporation
of the Municipality
P Y
of Clarington.
Designated Official - shall mean the
r:: head of each department
`:.. _;: of the Corporation
ation appointed by Council or the
person
authorized or assigned by the Designated Official to
administer the procedures set out in this by-law on behalf of
f.
and for the Corporation in respect of 'such Designated
". """ Official's department.
Goods - shall mean all
': ,;rc r.•::<•, goods and services which include all
i} supplies, materials, equipment, general maintenance and
.J'
services
, construction and works contracts leases rentals
and repairs of equipment. Specifically excluded from this
`�'�""''" `•� `" ' definition shall be
the borrowing, lending and/or investin g of
..money; conventions; seminars; postage; conferences; courses;
memberships; legal representation; appointment of external
auditors and information from a professional consulting entity
for a specific Planning Feasibility Study required by the
.....-.:... ; Corporation.
Purchasing Agent - shall mean t`he Purchasing & Supply Agent of
the Corporation P appointed by Council.
: ...::
L`." ..r
................
................
- 2 -
Treasurer - shall mean the Treasurer of the Corporation
appointed by Council.
Consulting and Professional Services - shall mean services
provided by architects, engineers, designers, surveyors,
management and financial consultants, brokers, soil
consultants, real estate appraisers, Ontario land surveyors,
and an other consulting and
Y g professional services not
;r specifically otherwise noted.
Co-operative Purchasing - refers to the participation of two
or more public agencies in a tender call.
,
J
ocal Bid - shall mean a bid submitted by a Bidder who
operates a business within the Municipality of Clarington.
................
Purchase Order - shall mean a written offer to purchase goods
r
«r•:.:
'" and services or a written acceptance of an offer from another
party, by the Corporation.
v ? Purchasing Procedures Manual - shall mean the Purchasing
r Procedures Manual as included in the Treasury Department
Procedures Manual outlining all daily procedures related to
f!
Procurement goods P ment of and services.
r
��M:W.`.•�^� � : ';-:::_:<::
Authorize
d Signatures - shall mean those persons authorized to
T <F } sign purchase requisitions and invoices on behalf of the
Municipality g
p y conformin to the limits of the signing authority for the value of the goods required. The list of authorized
signatures shall be maintained by the Treasurer.
;°fff i
.. Wes.<...^ •
Responsible Quotation - shall mean the
quotation most
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responsive to terms conditions and time of performance.
`�5•;:'`Y��"::;�;;•�: ..,.•, The
organization
ion. and personnel shall show evidence of good
organizational and management g practices, qualified personnel,
proven experience in past performance
y'"'' » P and sound financial
condition.
Departments - shall mean the Departments of the Municipality
of Clarington and shall include: Treasury, Clerk's, Fire,
Community Services, Administrator's, Public Works and Planninq
and Development Departments.
ap
:;;4� ?;5ii;:b?vi?:::•:}::::;
"
- 3 -
Local Boards - shall mean 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.
..
Regional Bid - shall mean a bid submitted by a bidder who
operates a business within the Regional Municipality of
Durham.
..
Personal Purchase - shall mean a purchase of goods or services
requested by an elected official
f , an appointed official or by
any other employee of the Corporation, the requirement for
which is not for the Corporation or an of its
Y purposes but is
= for the benefit and use of the person requesting he
g purchase.
2. PURCHASE REQUISITIONS
2.01 Each Designated Official of the Corporation shall submit
to the Purchasing Agent a written request in the form of
a "purchase requisition" for the requirements of such
Designated Official's department for all Goods with the
exception of those Goods detailed in the "Purchasing
; .;
Procedures manual". The assurance of the allocation of
--;?::=;•;::::;•::::;•::;:;; funds and accounting charge number shall be the
responsibility of the Designated Official for all
Purchase requisitions submitted.
2.02 All
purchase requisitions submitted shall also bear an
;;:::;•.......:;.. Authorized Signature conforming to the limit
?;:rr•:r a :: ::;<;•::;';?>� g s of the
signing authority for the value of the
Goods required.
The list_ �?> st of Authorized Signatures g s shall be maintained by
the Treasurer.
•-f '
!�f/ff` `•n�� 3. Requests on behalf of the Corporation may be made by
Designated Officials for product and technical information,
catalogues and price lists for Goods. Each Designated
`' Official will furnish the Purchasing Agent, such data,
specification details and information relating to the
procurement of Goods, and the Purchasing Agent shall obtain
all firm and/or token prices.
4. The disposal of surplus or redundant materials shall be the
responsibility of the Purchasing Agent. The Purchasing Agent
will periodically circulate a list of surplus materials to all
Departments and Local Boards.
F
f::
_ 4
5. PURCHASING PROCEDURES
5.1 Local Preference - If in the determination of the Purchasing
Agent, if a competitive market exists and two or more bids are
received and are identical in price, provided quality, service
and delivery are similar, then priority of acceptance shall be
first for a Local Bid, if any, and then for a Regional Bid, if
any, otherwise the lowest responsible bid shall be accepted.
The following provisions shall apply to the purchase of Goods:
f4 ; 5.01 Subject to any direction that may be given from time to
.
time by Council, the Purchasing Agent shall determine the
method by which Goods shall be acquired,
having regard to
the nature, importance or urgency associated with the
purchase requisition, subject to the
f� j general t rade
practice, market conditions and the guidelines of this
t Y'
By-law. The Purchasing Agent, at his/her discretion, may
establish contracts with vendors in the form of:
a) blanket orders;
t' b) standing offer agreements;
c) contract orders;
d) service agreement orders;
:., . e) syst ems contracts;
f) lease or rental agreements;
provided, however, that for individual transactions, the
dollar amount will not exceed the budgetary allocation or
the limits established by this By-law.
5.02 All Goods purchased valued over One Hundred Dollars
. :.
($100.00) shall be covered by a Purchase Order, issued by
ru ,.
the Purchasing Agent.
` 5.03 The Purchasing Agent shall be authorized to make
;
`" Y purchases not exceeding Ten Thousand Dollars
7 ($10,000.00), if (a) a minimum of three separate prices
or quotes have been received or b where three separate
prices or quotes, in the opinion of the Purchasing Agent
cannot be practically obtained having regard to the
urgency of the Purchase Requisition and/or availability
' of the Goods in the marketplace. Then such lesser number
of prices or quotes as in the opinion of the Purchasing
Agent can be obtained are obtained.
5.04 The Purchasing Agent shall be authorized to make
purchases exceeding Ten Thousand Dollars ($10,000.00) but
not exceeding Twenty-Five, Thousand Dollars ($25,000.00) ,
provided that: "
P �
f Y.t
Y.
- 5 -
a) at least three or more written quotations are
received, whenever possible;
�• b) the lowest responsible quotation received is
�Y.�;•:::::::::.:..:::. .:,
accepted;
c) documents for all quotations received are retained
ecti P
for ins
.,..:,..... p on by the Treasurer or appropriate
... .:7
officials for audit purposes.
5.05 Referring to
Y g paragraph 5.04, the Purchasing Agent shall
'>Y+fit. submit a Report to the appropriate Designated Official
`+ providing a list of written quotations received with
recommendations for award. The
purchase of Goods in this
situation will be subject to the appropriate Designated
Official's approval. Where the lowest responsible
w<>
quotation is not accepted or where the lowest responsible
quotation exceeds the b
udget allocation, the Purchasing
Agent shall, in consultation with the appropriate
,; , , :. Designated Official, submit a Report to Committee
and/or
Council providing a list of written quotations received
Y" with recommendations for award. The purchase of Goods in
"! this situation shall be subject to Committee and/or
-`
- Council approval.
5.06 All purchases not otherwise identified in this By-law a
KA
nd
nd
excess in of Twenty-Five Thousand Dollars
2
5
0
00.
$ 00
r
)
:.::';:;:•: shall be by tender, unless otherwise determined and
`��� -i=:�%• `:''>:;': directed b
.:, y a Resolution of Council.
5.07 Under
the direction of the Purchasing Agent, the
g r
' ` '-:�:..::.•�.-.f-�:�;; ;-a:`.:;;::':?:>33 p erson(s) authorized to make p urchases
on behalf of the
department de
t .. P f Public Works Fire and Community Services
may order vehicle parts necessary to maintain the Corporation's vehicles, subject to the following:
a) that the value of each separate order shall not
exceed $500.00; and
I-� j enc b) that the emer
f g y purchase order is signed by the
=Wes'`•:-:; ?;"::"::;•::;:::•:::::; Purchasing Agent prior to sending to the supplier.
�:- �;::•:::::.::.::.:::::::: 5.08 Purchase orders ers shall not be split so as to circumvent
the established method of urchase and nd the dollar limits
imposed by this By-law.
5.09 Subject to the provisions of The Municipal Freedom of
� � j
t .. Y.:..... • � I
y:
Information nd Prot
.. y , R.S.O. 1990
7 Chapter M.56, no Corporation employee nor any member of
Y
Council shall divulge�'` '��'�� •••'.'.•• •" � g g�ices received for any Goods
rte...::.:...:.............
..........................
_
..........................
^
- 6 -
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(a) the total bid amount in
the case of public
tenders"; and
(b) the total bid amount in the case of "sealed bid
..."
requests" shall be divulged on request.
.. : Notwithstanding this Section 5.09, all prices 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.
P 5.0., 1990, Chapter M.45.
5,10 Notwithstanding the provisions of this By-law, the
purchase of Goods for emergency purposes may be made by
>:..: :: . .. the Purchasing Agent in circumstances 9 which could result
in costly departmental downtime, danger to life and/or
;;:;; property damage. In all such cases
•..��--r�;::.�;;:;<":::.:.:.-;: , a Report shall be
jointly filed
j y b y the Designated Official and the
Purchasing Agent to the Committee and/or Council, should
r,z::
?v' j the value of the purchase exceed the guidelines
established within this
By-law. In the absence of the
Purchasing Agent, purchases for emergency purposes may be
_ made by a Designated Official and such purchases
^" confirmed by a purchase order issued by the Purchasing
- :---; .
Agent, as soon as possible.
ww W
,...,.-.
;: erative Purchasing - The co-operative method of
:..
purchasing with regard to tenders with other
..:.....
Municipality's shall be utilized
, when advantageous and
practical. The purchasing by-law and tendering practices
f o the Municipality issuing�.;J���•>��•���-�-=-•"�::.�-" Y g suc h tender(s) shall take
precedence over this By-law with
Y respect to calling,
receiving and opening of the tender documents.
:.,...^. •v:.:::>.;:::.
-
Subsequent to the opening nin g of the tender
documents, all
other terms and conditions of this By-law shall apply.
PP .Y
.�
Subject to the Committee and/or Council approval, all
" subse uent co-operative by-laws
q P and constitutions will
......................
.,;.:.; hereby form part of this by-law.
...-........
...
5.12 Requests for Proposals Purchases may be made through
the use of proposals in those specific situations where
' a product or service cannot be adequately specified.
This would apply to highly technical products or
specialty services.
_ When appropriate,
proposaals shall be called by public
="' advertisement and/or invitation.
w--^-.
_... ..._.... -: ...................
i
- 7 -
Y been h as
Where it determined
n that proposals are to be
s j used, the Purchasing Agent shall be authorized to make
P
urchases using the proposal method for
purchases
;,. exceeding Twenty-Five Thousand Dollars ($25,000.00)
Provided that wherever Possible three written quotations
are received, and that in consultation
" =< ltation with the
Designated Official, a Report be submitted to Committee
and/or
Council providing a list of bid
. r:,;c;:•:;:;....<::.; amounts received with recommendations for award. The Purchase o
t.�.A.., p f Goods in
this situation will be subject to Committee and/or
Council
approval.
s`.'> >s <' 5.13 Con
sulting and Professional Services - Where it is
•; ih ob. estimated that Consulting and Professional Services will
<:
cost less than Twenty-Five Thousand Dollars ($25,000.00)
and funds are provided as defined in the appropriate
' budget, the initiating Department
may
w ......;:•::...... obtain the
;�:f:�::•...
:1:::�:�f:•.:
services.
< f Where it is estimated that Consulting and Professional
Services will cost more than Twenty-Five Thousand Dollars
($25,000.00) and funds are
Provided as defined in the
appropriate budget, the Purchasing Agent shall obtain
written proposals and in consultation,..�y�✓. :. ion with the Designated
K
Official, submit a Report to Committee and/or Council
providing a list of bid
amounts
;: W•.:::.:;:'::::::•:::':'. received with
recommendations for award. The purchase of services in
=' this situation will be subject to Committee and/or
'�' i ; :_:;i?':;`:•, Council approval.
�.;;;; contracts for Consulting and Profe"
Pisional Services
: = worth more than Twenty-Five Thousand Dollars ($25,000.00)
�^'TGW.'li.i�" aC{�:'.•.;c :-a ill w be by a formal agreement
signed by the Mayor and
Clerk or a Purchase".:..;,':::.::•::::::::•: p order issued by the Purchasing Agent.
:r2;r;::;-:;; 5.14 Personal Purchaseg - No personal purchases shall be made
Y<
f by the Corporation for Members of Council, or any
appointed member of a Board of
Commission on of the
Corporation for Employees of the Corporation, unless
specifically authorized b Counc'
y il.
5.15 Conflict of Interest - No employee of the Corporation or
Member of Council shall bid on the sale of Goods except
those disposed of by public auction.
s
5.16 Identical Bids - If iin the determination of the
Purchasing Agent, if a competitive market exists and two
or more bids received are identical in price, provided
S
8
Y
quality, service and delivery are similar, then priority
Y of acceptance shall be first for a Local Bid, if any, and
then for a Regional Bid, if any, and otherwise the tender
to be recommended for acceptance will be decided by means
of a draw. The Bidders who have submitted similar bids
:•:•::..
` shall be notified and their names shall be placed in a
container and the name of Bidder whose tender shall be
--�
recommended for acceptance shall be drawn by the Clerk in
�r the presence of at least two witnesses. Any other
w%ww persons desiring to be present at the draw may attend.
an
Should
• •: -<•::..;,;;<; .;.;;;;...,.;� y Bidder elect not to be represented at the
draw, the draw will proceed-•• p d regardless.
6. TENDERING PROCEDURES
'
. The following procedures shall apply PP y to the purchase by tender
� r� of all Goods estimated to be in excess of Twenty-Five Thousand
•
Dollars
? ($25,000.00) .
..... .......
:.:.:::. :_
6.01 Advertising
All tenders shall be called by Public Advertisement,
r
unless otherwise directed by Council and/or Committee.
6.02 Tender Closing Time
All tender closing times shall be established by the
Corporation.
6.03 R
elease of Information to Bidders
The Corporation shall supply the following materials to
all prospective Bidders:
a) one copy of the official tender
j form relating to
= ' the tender called;
b) one
stan d ar d
tender envelope appropriately
" imprinted;
c) tendering information, i.e. plans, specifications,
profiles, etc. ;
r - d) 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
I
applicable, refunds shall only be made when all
required tender documents are returned to the
w: Corporation in good condition.
ti
6.04 Recording and Control of Tendering Material
A list of prospective, responsible Bidders shall be
.'•i......�?;�?:....;... i
:?u.^ maintained by the Purchasing Agent when issuing tendering
Y g
material. All names, addresses and facsimile numbers of
- all prospective Bidders who have been supplied with or
`� who have requested the material set out in Section 6.03
j - 9
shall be recorded when tenders are released to facilitate
mow,::.,...:.:.•.::::..,:
distribution of addenda when necessary ry or to extend or
cancel a ten
- - der under call. The determination nation of
responsibility res
� P lity and prequalification of contractors and/or
Bidders shall be decided d b the Y he hasin
g Agent, in all
cases.
7. CHANGES TO TENDERS UNDER CALL
7.01 Preparation of Addendum
Interpretation of qualifications shall be made in the
form of a written addendum. Addenda are necessary to
i
:<...:.: revise, delete, substitute or add to tendering material
under call. The Purchasing Agent shall approve the
jissuance of an addendum or the cancellation of the tender
call.
Not'7.02
_ ...:: .
Notification of Addenda to Bidders
If an addendum notice as aforesaid is prepared too late
..` r;;.. %-:: `?' to allow notification b
,rff�:•!... y registered mail prior to the
tender closing time in add'
g , addition to mailing the notice
--^N f each prospective Bidder shall be notified of the revision
:..cam• t:;: by telegram or facsimile,
u ; 7.03 Addenda Issued after Receipt of Tender
Where an addendum is released in the interim which in the
opinion of the Purchasing Agent may affect a Bidder's
tender, all tenders received and deposited•Y.:;, p prior to the
"`•' :,':: tender opening y
p g ma be withdrawn and the Bidder will be
I given a new set of tender documents to be resubmitted
a�r :
following normal procedure.
7.04 Cancellation of Tender Under Call
7
;: The Purchasing Agent reserves the right to cancel tenders
Y:t !
under call as required. The procedure for the
�t
�� j notification of Bidders of a cancellation shall apply, as
....> ::a in Paragraph 7.02. All tenders s received after
:: an .
;.:__ ...: ., cancellation will be returned unopened to the Bidder by
registered mail with notification of the cancellation.
J
8. CONDITIONS OF TENDER ScBMIS5ION
= :< All tenders shall be submitted to the Office of the Clerk and
shall be subject to the following conditions:
� ` i 8.01 The correct Tender Form and envelope (with no extra
3 exterior covering) as supplied by the Corporation must be
:::::::: :::: use
.....
f
t...
....:
L,
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8.02 Tenders must be properly sealed and delivered to the
? - i
Office of the Clerk prior to the tender closing time
established for that tender.
; 8.03
Time of delivery of any tender shall be determined by the
Clerk or his/her delegate.
8.04 When received by the Office of the Clerk, the envelope s)
;
r shall have the date and time of receipt noted on them by
the Clerk or his/her delegate. Each tender received
n a Tender Re shall be recorded i Register maintained h
g Y the
r i Office of the Clerk.
8.05 All tenders received by the Office of the Clerk shall be
P laced unopened in a suitable locked receptacle and shall
remain under the control of the Clerk.
'.
8.06 All tenders delivered after the tender closing time or in
other than the tender envelope supplied shall not be
accepted by the Clerk and shall not be deposited in the
a
tender box. The Purchasing Agent shall be advised of the
circumstances an d the tender returned unopened to
r
Bidder, accompanied by a letter which states "not
accepted".
z'`•: ` : ..... 8.07 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
;,..rte;_: :.,_,. P presence of the Clerk by the
Purchasing Agent, a return address determined, the facts
noted for the record and the
,rrr documents returned to the
Bidder accompanied by a letter as in B."'06 above.
. ;
:•::r?: `:- 9. FORM OF TENDER
9.01 All tenders must be legible, written in ink or typed.
..r:Lra;�Ji
:::
, .,,., . ,.j 9.02 All items must be bid" unless otherwise specified in t
�. ............_. ::..... P he
"� `''` ` "` tender call documents.
9.03 All entries including prices or each item must
Wes• � unit i for
_ «:.a.. clearly tated
Y
j 9.04 The tender cannot contain a
r° n restrictive statements nor
can the tender be qualified by separate letter.
-; fz:-: 9.05 Unless specified in writing by the Purchasing Agent, no
: alterations;:�•„�.�.;;:__;;:;;>:.:;; : .:;;� ions to the tende��'documents will be permitted, i
. ...
i
9.06 All tenders submitted must be signed by an authorized
person and in the case of a Limited o
r..r
Y - 12 -
11.03
iX.... All tenders withdrawn prior to being deposited in
:
the tender box shall be returned and the withdrawal
of the tender acknowledged in writing.
r
11.04 All withdrawals received relating to tenders
deposited in the tender box shall be deposited and
r - all of the related documentation returned unopened
following the tender opening.
11.05 Withdrawal of Bids During Opening - During a tender
u
opening at the conclusion of the reading out of
bids on a contract, the low Bidder may withdraw any
of his/her remaining tenders on other contracts.
Tenders withdrawn under this procedure cannot be
reinstated. The Bidder must attest in writing to
his/her identity and state the contract(s) on which
he/she desires to withdraw.�"�"`• `' aw. A Notice of Withdrawal
of Tender must be signed b the prospective Y p p ect
ive Bidder.
' This Notice must be handed to the Clerk or his/her
delegate before the reading out of the first tender
on the contracts
( ) to which it applies
The Clerk
or his/her delegate shall attach ti .:.::; i h it to the
applicable tender. The Bidder's n
�.-- :.'•_:::-..-: .--.:.. ame shall be read
V :::::.::::;•:::•;,>:::::; out and it shall be announced that the
tender has
been
:.� w.......:... withdrawn in accordance with established
procedure. The bid
amount of the tender shall not
be read out,
12. OPENING TENDERS
r �
12.01 All tenders shall be opened by the Clerk or his/her
delegate in the presence of at least one witness
Corporation for the Cor
p ion and the Purchasing Agent or
his/her r dele ate and the bids duly recorded.12.02 Any interested person may attend a Tender Opening.
fry i 12.03 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.
12.04 Having established, the order of precedence, the
:::J�.,:,.:.;:•::':::;•::::'::.:,,,:1 Clerk or his/her
delegate shall remove the tenders
_ from the Tender Receptacle.
_ f S
t
l
:.> 13
,`: 12.05 Where a tender cannot be identified as to the
:.....
number,author or contract
, such an envelope shall
be opened
is p and the documents placed with the
w
appropriate group of tenders.
12.06 Where. a conflict exists in respect of the envelope
x and its contents as to the contract number, the
W.
contract number on the tender documents shall
prevail.
12.07 When all tenders have been sorted, opened ened and
withdrawn tenders segregated g gated ursuant to paragraph
<:':::�r�':::•;::';';;:;:;';::-:;_:: • 11.04
::•:: ::;;';:;: he Clerk shall com a
pre the number of
, t
tenders opened to the number of tenders recorded in
the Record of Tenders. Where
a discrepancy exists
::Wi the proceedings shall be delayed until all tenders
;•:v. have::-.w�..........::::...:.....:: a been accounted for.
w
fir::' ::`::
12.08 When all tenders are
accounted me
d
for, he Clark r
0
~S
i
his/her
;.:..7r ,.. delegate shall announce each tender
publicly in the following manner:
tender number and specifications;
P ions•
;::;%::; : ;3 ii) Bidders name and location;
r...::::::::::.:::::.
':W -
...... ; ,. iii) bid deposit and bonding letter (if required);
iv) total bid amount.
12.09 All tenders s
..'��y���.,,'.,-:.:::.•::'.:...:.,..., hall be checked to determine that each
Bidder has submitted one
bid only. Should more
.:.......,� than one bid be submitted,, t
he lowest t bid submitted
r'::•z;; ..... shall be
deemed to be the intended nded bid, unless one
v=a. of the bids has been withdrawnt.' in the manner
prescribed i
......-:::. ., :;:;•:•:•::::::•::':.:,•. P n Section 11.
E;f..............::.:..
.... .- 12.10
Following the
? Via.;;: ; :;;:. . g opening and recording f tenders b
. g y
... Z the Clerk, the Record of Tenders shall be closed
and the record signed attesting o that fact.
t.
12.11 With the exception of the Clerk and the Purchasing
f Agent or their delegates, no dialogue will be
permitted with respect to the
Y `..'�.'' P proceedings.
sr 13. VERIFICATION OF TENDERS
s 4
All tenders will be delivered to the Purchasing Agent who
>r•:.. shall ensure that:
:rr;t•:;;::':
::msµ
.........".:�:::.:w::
".
14 -
a) all tenders comply with the tender requirements;
b) all unit prices have been correctly extended;
C) a 11 extensions ha ve been cor re ctly totalled;
d) unit prices shall govern the intention of the bid,
j in the event of arithmetic errors.
13.01 Improper Bids
Any bids that fail to meet the established criteria
:j shall be deemed to be
"improper bids", and be
subject to further examination by the Purchasing
: •„•:. Agent for the purpose of establishing the degree of
:y9•..;t.:.
:.:
defect contained in the document.
e
=:?`` ';<;`>' 13.02
unequivocal Rejection of Bids
;.:;,_;:;;:,;.;.3 All bids shall be rejected that are:
..ti.{:,,,,:...•;:,..,,: ;:• ) received after the tender closing time;
`::^;;: :• .:,.: ::::;`: b) delivered in other than the prescribed tender
envelopes;
c that
are not completed in ink or by
typewriter;
d incomplete p le and do not comply with
specifications;
e) restrictive or contain conditional statements
?'s;?: ': ? which are intended to alter the form or intent
of the tender called by the Corporation;
:: : : .:,-:.: :_:`_;.:_::'•>:'1 f) submitted with improperly
3 executed documents,
g) unaccompanied by bonding documents or bid
:r: � ::•:•:'::•;•..:: ;;;;:;,:;-;::;
deposits where required.
13.03
>s':;;-rf•. ,•::::�::::::::::.: :::. Exceptions
The Purchasing Agent may at his/her discretion
accept or re
-:•:%;::•:<•;: P reject a bid when:
a) the "Agreement to Bond” is improperly
on
executed; (if the bid is accepted he/she may
;: s •,•;i;> -:' ` ':i< . allow a period of time "
r
P to have the Agreement
t to Bond" corrected)
.T
<?;: f.<<r,::.•::•>::;;i::>:
b) the envelope is improperly sea
led,.
c) the documents are illegible;
d
.....r..::....:..:....:........,•.
<.;, <:»:•::•;:;:;;:•;:•:::;;•;;;.: t he envelope contain s an improper bid deposit,
P
':%-=:>'::: :`:°s:.:! e) the arithmetic extensions
contain gross
..
•w' .: errors.
:: .:...
':•:j...
M. 14. AWARD OF TENDERS
F s•.
� ..•,,.. The Purchasing Agent shall review the tender with client
y department and shall then re
pbxt to the General Purpose and
Administration Committee and/6k Council.
ME
.�
V' l
Y •
r
Where the tender amount exceeds the budget allocation the
report shall contain the requisite information with respect to
.:
i
the source of additional funding.
Upon approval of the tender b
y Council, the Purchasing Agent
shall make the award and issue a Purchase Order in accordance
....- with the conditions of the tender.
"W 15. DISPOSITION OF BID DEPOSITS
awarding Following the
` g or cancellation of a tender, all
deposits,
with the exception of the low and second low Bidders
' in the case of an award shall be returned to the unsuccessful
Bidders by registered mail, or if picked up, receipt
acknowledged in writing. The:` . - �,t,�•; g retained deposits will be held
_ . 1 until the contract is executed (see 16) .
16. EXECUTION
OF CONTRACT
The successful Bidder shall be allowed t
en (10) working days
from the date of mailing of the form of contract to execute
and return the same to the Purchasing Agent.
The
Mayor and Clerk shall execute contracts on behalf of the
rt
Corporation when required, and a By-law authorizing the
execution of such contracts shall be approved by Council prior
v= ... .........
< =` `=i to the signing of the contract b
;., g y either of them.
... ..........
17. DEFAULT BY
SUCCESSFUL BIDDER
If,,. the successful Bidder fails to execute the contract
or
fails to meet an of the
y requirements of the contract within
the prescribed time, the tender may be awarded to the next
- :; Y
?': '-
•:"-=-�-:•. ....... lowest Bidder(s
) or cancelled. In the event a successful
yv rov'or Bidder fails to execute, finalize and/or provide acceptable
surety for a contract, the Bidder's deposit(s) will be
forfeited.
18. ABSOLUTE RIGHT
J��.�:� :'` .`;:i -:": Notwithstanding the provisions of this By-law, the o
:.:''�'::::::::::.:�'.-:::•:::_ Y � Corporation
.... ->; shall have absolute discretion=='-�.•t�:,::;::..;'::.:::;::. n in the awarding of contracts
and retains the right to reject any,y, or all tenders.
f ,rr ........... �
w
:.: .
w..-
. ..........
:
:? > :.
16
Y- :?: : >:>:::: BY-LAW read a first
; Y% :;:`:;;«<;,;: time this day of , 1994.
BY-LAW read a second time this day of , 1994.
LAW read a third time and finally
W .......... ... :'. . passed this day of
Mayor
-:
... .-. ,,•:.►. , ..». Clerk
F
t '
i
l
l
.�J W
:l I
I
l
i
L.,
..... .'.'..................:...:
:.tZS•.
v z' ..................
A
'.
i
Yf_•.
i
.
...msµ �`�...:�'::'::;':;.
6 J
SCHEDULE "B"
SUMMARY OF AMENDMENTS TO BY-LAW 82-96
PARAGRAPH 1, DEFINITIONS
CURRENTLY READS:
Designated Official - shall mean the Department Head or
persons authorized or assigned to administer the approved
procedures on behalf of and for the Corporation of the Town of
Newcastle.
AMEND TO READ:
Designated Official - shall mean the head of each department
of the Corporation appointed by Council or the person
authorized or assigned by the Designated Official to
administer the procedures set out in this by-law on behalf of
and for the Corporation in respect of such Designated
Official's department.
CURRENTLY READS:
Goods - shall mean all goods and services which include all
supplies, materials, equipment, general maintenance and
services, construction and works contracts, leases, rentals
and repairs of equipment. Exclusions of this definition shall
include specifically the borrowing, lending and/or investing
of money and information from a professional consulting entity
for a specific feasibility study required by the Corporation.
AMEND TO READ:
Goods - shall mean all goods and services which include all
supplies, materials, equipment, general maintenance and
services, construction and works contracts, leases, rentals
and repairs of equipment. Specifically excluded from this
definition shall be the borrowing, lending and/or investing of
money; conventions; seminars; postage; conferences; courses;
memberships; legal representation; appointment of external
auditors and information from a.professional consulting entity
for a specific Planning Feasibility Study required by the
Corporation.
i
ADDED TO DEFINITIONS:
I
i
Consulting and Professional Services - shall mean services
provided by architects, engineers, designers, 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.
6
i
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- 2 -
Co-operative Purchasing - refers to the participation of
two or more public agencies in a tender call.
Local Bid - shall mean a bid submitted by a Bidder who
operates a business within the Municipality of Clarington.
Purchase Order - shall mean a written offer to purchase goods
and services or a written acceptance of an offer from another
party, by the Corporation.
Purchasing Procedures Manual - shall mean the Purchasing
Procedures Manual as included in the Treasury Department
Procedures Manual outlining all daily procedures related to
the procurement of goods and services.
Authorized Signatures - shall mean those persons authorized to
sign purchase requisitions and invoices on behalf of the
Municipality conforming to the limits of the signing authority
for the value of the goods required. The list of authorized
signatures shall be maintained by the Treasurer.
Responsible Quotation - shall mean the quotation most
responsive to terms, conditions and time of performance. The
organization and personnel shall show evidence of good
organizational and management practices, qualified personnel,
proven experience in past performance and sound financial
condition.
Departments - shall mean the Departments of the Municipality
of Clarington and shall include: Treasury, Clerk's, Fire,
Community Services, Administrator's, Public Works and Planning
and Development Departments .
Local Boards - shall mean 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.
Regional Bid - shall mean a bid submitted by a bidder who
operates a business within the Regional Municipality of
Durham.
Personal Purchase - shall mean a purchase of goods or services
requested by an elected official, an appointed official or by
any other employee of the Corporation, the requirement for
which is not for the Corporation or any of its purposes but is
for the benefit and use of the person requesting the purchase.
i
i
i
3 -
PARAGRAPH 2, SECTION 2.01, FIRST SENTENCE
CURRENTLY READS:
Each Designated Official of the Corporation shall submit to
V116 Purchasing Agent a written request in the form of a
"purchase requisition" for its requirements for all goods with
the exception of those goods detailed in the "Purchasing
Procedures Manual" .
AMEND TO READ:
Each Designated Official of the Corporation shall submit to
the Purchasing Agent a written request in the form of a
"purchase requisition" for the requirements of such Designated
Official's department for all Goods with the exceptioh- of
those Goods detailed in the "Purchasing Procedures manual" .
PARAGRAPH 3, FIRST SENTENCE
CURRENTLY READS:
Requests may be made by Designated Officials for products and
technical information, catalogues and price lists for goods,
on behalf of the Corporation.
AMEND TO READ:
Requests on behalf of the Corporation may be made by
Designated Officials for product and technical information,
catalogues and price lists for Goods.
PARAGRAPH 5, ADD SECTION 5.1
Local Preference - If in the determination of the Purchasing
Agent, if a competitive market exists and two or more bids are
received and are identical in price, provided quality, service
and delivery are similar, then priority of acceptance shall be
first for a Local Bid, if any, and then for a Regional Bid, if
any, otherwise the lowest responsible bid shall be accepted.
PARAGRAPH 5, SECTION 5.01, LAST SENTENCE
CURRENTLY READS:
Contracts or lease agreements that extend beyond the term
of Council shall be subject to Ontario Municipal Board
approval.
DELETE SENTENCE IN ITS ENTIRETY
/ 68
4 -
PARAGRAPH 5, SECTION 5.03
CURRENTLY READS:
The Purchasing Agent shall be authorized to make purchases not
exceeding Five Thousand Dollars ($5,000 . 00) , subject only to
condition that three separate prices have been received,
whenever possible.
AMEND TO READ:
The Purchasing Agent shall be authorized to make purchases not
exceeding Ten Thousand Dollars ($10,000 . 00) , if (a) a minimum
of three separate prices or quotes have been received, or (b)
where three separate prices or quotes, in the opinion of the
Purchasing Agent cannot be practically obtained having regard
to the urgency of the Purchase Requisition and/or availability
of the Goods in the marketplace. Then such lesser number of
prices or quotes as in the opinion of the Purchasing Agent can
be obtained are obtained.
PARAGRAPH 5, SECTION 5.04
CURRENTLY READS:
The Purchasing Agent shall be authorized to make
purchases exceeding Five Thousand Dollars ($5,000) but
not exceeding Fifteen Thousand Dollars ($15,000) ,
provided that:
a) at least three or more written quotations are
received, whenever possible;
I
b) the lowest responsible quotation received is
accepted;
c) documents for all quotations received are retained
for inspection by the Treasurer or appropriate
officials for audit purposes. j
AMEND TO READ:
The Purchasing Agent shall be authorized to make
I
purchases exceeding Ten Thousand Dollars ($10,000) but
not exceeding Twenty-Five Thousand Dollars ($25, 000) ,
provided that:
I
i
i' 0
5 -
a) at least three or more written quotations are
received, whenever possible;
b) the lowest responsible quotation received is
accepted;
cl ' documents for all quotations received are retained
for inspection by the Treasurer or appropriate
officials for audit purposes.
PARAGRAPH 5, SECTION 5.05
CURRENTLY READS:
Referring to paragraph 5.04, where at least three written
quotations are not received, or where the - lowest `
responsible quotation is not accepted or where the lowest
responsible quotation exceeds the amount of Ten Thousand
Dollars ($10.,000) , the Purchasing Agent shall, in
consultation with the Designated Official, submit a
Report to Committee and/or Council providing a list of
bid amounts received with recommendations for award. The
purchase of goods in this situation will be subject to
Committee and/or Council approval.
AMEND TO READ:
Referring to paragraph 5.04, the Purchasing Agent shall submit
a Report to the appropriate Designated Official providing a
list of written quotations received with recommendations for
award. The purchase of Goods in this situation will be
subject to the appropriate Designated Official's approval.
Where the lowest responsible quotation is not accepted or
where the lowest responsible quotation exceeds the budget
allocation, the Purchasing Agent shall, in consultation with
the appropriate Designated Official, submit a Report to
Committee and/or Council providing a list of written
quotations received with recommendations for award. The
purchase of Goods in this situation shall be subject to
Committee and/or Council approval.
PARAGRAPH 5, SECTION 5.06
CURRENTLY READS:
All purchases in excess of Fifteen Thousand Dollars
($15,000) shall be by tender, unless otherwise determined
and directed by a Resolution of Council.
6 -
AMEND TO READ:
All purchases not otherwise identified in this By-law and
in excess of Twenty-Five Thousand Dollars ($25,000) shall
be by tender, unless otherwise determined and directed by
a Resolution of Council.
PARAGRAPH 5, SECTION 5.07
CURRENTLY READS:
i
Under the direction of the Purchasing Agent, the person(s)
authorized to make purchases on behalf of the department of
Public Works, Fire, Community Services, Clerk's (re Animal
Control) may order vehicle parts necessary to maintain :the
Corporation's vehicles, subject to the following:
a) That the value of each separate order shall not exceed
$500 . 00;
b) That the purchase order is signed by the Purchasing Agent
prior to sending to the supplier.
AMEND TO READ:
Under the direction of the Purchasing Agent, the person(s)
authorized to make purchases on behalf of the department of
Public Works, Fire and Community Services, may order vehicle
parts necessary to maintain the Corporation's vehicles,
subject to the following:
a) that the value of each separate order shall not exceed
$500 . 00;
b) that the emergency purchase order is signed by the
Purchasing Agent prior to sending to the supplier.
PARAGRAPH 5, SECTION 5.09
CURRENTLY READS:
Corporation Employees or any elected official, shall not
divulge prices received for any goods except the total bid
amount in the case of "public tenders" and "sealed bid
requests" . All prices 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. , 1980 . Total bid amounts for "sealed
bid requests" will be revealed upon request.
7 -
AMEND TO READ:
Subject to the provisions of The Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990,
Chapter M.56, no Corporation employee nor any member of
Council shall divulge prices received for any Goods except:
(a) the total bid amount in the case of "public
tenders" ; and
(b) the total bid amount in the case of "sealed bid
requests" shall be divulged on request.
Notwithstanding this Section 5 .09, all prices 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.
PARAGRAPH 5, SECTION 5.10
CURRENTLY READS:
Notwithstanding the provisions of this By-law, emergency
purchase of goods may be made by the Purchasing Agent in
circumstances which could result in costly departmental
downtime, danger to life and/or property damage. In all such
cases, a Report shall be filed jointly by the Designated
Official and the Purchasing Agent to the Committee and/or
Council, should the value of the purchase exceed the
guidelines established within this By-law. In the absence of
the Purchasing Agent, emergency purchases may be made by a
Designated Official and such purchases confirmed by a purchase
order issued by the Purchasing Agent, as soon as practicable.
AMEND TO READ:
Notwithstanding the provisions of this By-law, the purchase of
Goods for emergency purposes may be made by the Purchasing
Agent in circumstances which could result in costly
departmental downtime, danger to life and/or property damage.
In all such cases, a Report shall be filed jointly by the
Designated Official and the Purchasing Agent to the Committee
and/or Council, should the value of the purchase exceed the
guidelines established within this By-law. In the absence of
the Purchasing Agent, purchases for emergency purposes may be
made by a Designated Official and such purchases confirmed by
a purchase order issued by the Purchasing Agent, as soon as
possible.
i
I
/ / 2
I
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PARAGRAPH 5, ADD SECTION 5.11 AS FOLLOWS:
Co-operative Purchasing - The co-operative method of
purchasing with regard to tenders with other Municipality's
shall be utilized, when advantageous and practical. The
)iirchasing by-law and tendering practices of the Municipality
issuing such tender(s) shall take precedence over this By-law
with respect to calling, receiving and opening of the tender
documents. Subsequent to the opening of the tender documents,
all other terms and conditions of this By-law shall apply.
Subject to the Committee and/or Council approval, all
subsequent co-operative by-laws and constitutions will hereby
form part of this by-law.
PARAGRAPH 5, ADD SECTION 5. 12 AS FOLLOWS:
Requests for Proposals - Purchases may be made through the use
of proposals in those specific situations where a product or
service cannot be adequately specified. This would apply to
highly technical products or specialty services.
When appropriate, proposals shall be called by public
advertisement and/or invitation.
Where it has been determined that proposals are to be used,
the Purchasing Agent shall be authorized to make purchases
using the proposal method for purchases exceeding Twenty-Five
Thousand Dollars ($25,000.00) provided that wherever possible
three written quotations are received, and that in
consultation with the Designated Official, a Report be
submitted to Committee and/or Council providing a list of bid
amounts received with recommendations for award. The purchase
of Goods in this situation will be subject to Committee and/or
Council approval.
PARAGRAPH 5, ADD SECTION 5. 13 AS FOLLOWS:
Consultingr and Professional Services - Where it is estimated
that Consulting and Professional Services will cost less than
Twenty-Five Thousand Dollars ($25,000 . 00) and funds are
provided as defined in the appropriate budget, the initiating
Department may obtain the services.
Where it is estimated that Consulting and Professional
Services will cost more than Twenty-Five Thousand Dollars
( $25,000 . 00) and funds are provided as defined in the
appropriate budget, the Purchasing Agent shall obtain written
proposals and in consultation with the Designated Official,
submit a Report to Committee and/or Council providing a list
of bid amounts received with recommendations for award. The
purchase of services in this situation will be subject to
Committee and/or Council approval.
M
9 -
All contracts for Consulting and Professional Services worth
more than Twenty-Five Thousand Dollars ($25,000.00) will be by
a formal agreement signed by the Mayor and Clerk or a purchase
order issued by the Purchasing Agent.
PARAGRAPH 5, ADD SECTION 5.14 AS FOLLOWS:
Personal Purchases - No personal purchases shall be made by
the Corporation for Members of Council, or any appointed
member of a Board of Commission of the Corporation for
Employees of the Corporation, unless specifically authorized
by Council.
PARAGRAPH 5, ADD SECTION 5.15 AS FOLLOWS:
Conflict of Interest - No employee of the Corporation or
Member of Council shall bid on the sale of Goods except those
disposed of by public auction.
PARAGRAPH 5, ADD SECTION 5.16 AS FOLLOWS:
Identical Bids - If in the determination of the Purchasing
Agent, if a competitive market exists and two or more bids
received are identical in price, provided quality, service and
delivery are similar, then priority of acceptance shall be
first for a Local Bid, if any, and then for a Regional Bid, if
any, and otherwise the tender to be recommended for acceptance
will be decided by means of a draw. The Bidders who have
submitted similar bids shall be notified and their names shall
be placed in a container and the name of Bidder whose tender
shall be recommended for acceptance shall be drawn by the
Clerk in the presence of at least two witnesses. Any other
persons desiring to be present at the draw may attend. Should
any Bidder elect not to be represented at the draw, the draw
will proceed regardless .
PARAGRAPH 6, TENDERING PROCEDURES
I
CURRENTLY READS:
The following procedures shall apply to the purchase of all
goods estimated to be in excess of Fifteen Thousand Dollars
($15,000) .
AMEND TO READ
The following procedures shall apply to the purchase by
tender of all Goods estimated to be in excess of Twenty-
Five Thousand Dollars ($25,000) .
- 10 -
PARAGRAPH 6, SECTION 6.03, RELEASE OF INFORMATION TO BIDDERS,
i
ITEM A CURRENTLY READS:
Two copies of the official tender form relating to the
t�6rider called;
AMEND TO READ:
one copy of the official tender form relating to the
tender called;
PARAGRAPH 6, SECTION 6.03, RELEASE OF INFORMATION TO BIDDERS,
ITEM D CURRENTLY READS:
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. Refunds shall only be made when
all required tender documents are returned to the Corporation
in good condition.
AMEND 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. If applicable, refunds shall only
be made when all required tender documents are returned to the
Corporation in good condition.
PARAGRAPH 6, SECTION 6.04:
CURRENTLY READS:
A list of prespective, responsible bidders shall be maintained
by the Purchasing Agent when issuing tendering material. All
names and addresses shall be recorded when tenders are
released to facilitate distribution of addenda when necessary,
to extend or cancel a tender under call. The determination of
responsibility and prequalification of contractors and/or
bidders shall be decided by the Purchasing Agent, in all
cases .
AMEND TO READ:
A list of prospective, responsible Bidders shall be maintained
by the Purchasing Agent when issuing tendering material . All
names, addresses and facsimile numbers of all prospective
Bidders who have been supplied with or who have requested the
material set out in Section 6 .03 shall be recorded when
tenders are released to facilitate distribution of addenda
i
when necessary or to extend or cancel a tender under call.
The determination of responsibility and prequalification of
contractors and/or Bidders shall be decided by the Purchasing
Agent, in all cases .
PARAGRAPH 7, SECTION 7.02, NOTIFICATION OF ADDENDA TO BIDDERS
CURRENTLY READS:
Bidders shall be notified of an addendum initially by
telephone and confirmed by written notice delivered via
registered mail. The bidder may have the option of
receiving the addendum by personally picking up the
notice from the Purchasing Agent with receipt
acknowledged by signature.
AMEND TO READ:
If an addendum notice as aforesaid is prepared too late
to allow notification by registered mail prior to the
contract closing time, in addition to mailing the notice,
each prospective Bidder shall be notified of the revision
by telegram or facsimile.
PARAGRAPH 7, ADD SECTION 7.03
Addenda Issued after Receipt of Tender
Where an addendum is released in the interim which in the
opinion of the Purchasing Agent may affect a Bidder's tender,
all tenders received and deposited prior to the tender opening
may be withdrawn and the Bidder will be given a new set of
tender documents to be resubmitted following normal procedure.
PARAGRAPH 7, SECTION 7.04
CURRENTLY READS, SECTION 7. 03
The Purchasing Agent reserves the right to cancel tender under
call as required. Procedure for cancellation shall apply, as
in Paragraph 7.02 . All tenders received after cancellation
will be returned unopened to the bidder by registered mail
with notification of cancellation.
I
12 -
AMEND TO READ, SECTION 7.04:
The Purchasing Agent reserves the right to cancel tenders
under call as required. The procedure for the notification of
Vidders of a cancellation shall apply, as in Paragraph 7 .02 .
All tenders received after cancellation will be returned
unopened to the Bidder by registered mail with notification of
the cancellation.
PARAGRAPH 8, CONDITIONS OF TENDER SUBMISSION, SECTION 8.01
CURRENTLY READS:
The correct Tender Form and envelope as supplied by the ,
Corporation must be used.
AMEND TO READ:
The correct Tender Form and envelope (with no extra
exterior covering) as supplied by the Corporation must be
used.
PARAGRAPH 8, CONDITIONS OF TENDER SUBMISSION, SECTION 8.06
CURRENTLY READS:
All tenders delivered late shall not be accepted by the
Office of the Clerk. The Purchasing Agent shall be
advised of the circumstances and the tender returned
unopened to the bidder, accompanied by a letter which
states "not accepted, delivered after the close of
tenders" .
AMEND TO READ:
All tenders delivered after the tender closing time or in
other than the tender envelope supplied shall not be accepted
by the Clerk and shall not be deposited in the tender box.
The Purchasing Agent shall be advised of the circumstances and
the tender returned unopened to the Bidder, accompanied by a
letter which states "not accepted" .
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PARAGRAH 10, LAST SENTENCE:
CURRENTLY READS:
Bid deposits shall be submitted in accordance with following
rchedule, unless otherwise specified.
AMEND TO READ:
Bid deposits shall be submitted in accordance with the
following schedule, unless otherwise specified by the
Purchasing Agent.
PARAGRAPH 11, WITHDRAWAL OF TENDERS
AMEND TO ADD 11. 05
Withdrawal of Bids During Opening - During a tender opening at
the conclusion of the reading out of bids on a contract, the
low Bidder may withdraw any of his/her remaining tenders on
other contracts . Tenders withdrawn under this procedure
cannot be reinstated. The Bidder must attest in writing to
his/her identity and state the contract(s) on which he/she
desires to withdraw. A Notice of Withdrawal of Tender must be
signed by the prospective Bidder. This Notice must be handed
to the Clerk or his/her delegate before the reading out of the
first tender on the contract(s) to which it applies. The
Clerk or his/her 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.
PARAGRAPH 12, SECTION 12.09
CURRENTLY READS:
All Tenders shall be checked to determine that bidders have I
not submitted more than one bid. Should this situation arise,
the lowest bid submitted shall be deemed to be the intended
bid, unless one of the bids has been withdrawn in the
prescribed manner in Section 11.
AMEND TO READ:
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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 one of the bids has been withdrawn in the
prescribed manner in Section 11.
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PARAGRAPH 13, SECTION 13.02 ITEMS A, E, F and G
CURRENTLY READS:
a Received late;
e) That contain restrictive or conditional statements which
are intended to alter the form or intent of the tender
called by the Corporation;
f) That contain improperly executed documents;
g) Unaccompanied by bonding documents or bid deposits .
AMEND TO READ
a) received after the tender closing time;
e) restrictive or contain conditional statements which are
intended to alter the form or intent of the tender called
by the Corporation;
f) submitted with improperly executed documents;
g) unaccompanied by bonding documents or bid deposits where
required.
PARAGRAPH 15
CURRENTLY READS:
Following the awarding or cancellation of a tender, all
deposits, with the exception of the low and second low
bidders in the case of an award, shall be returned to the
unsuccessful bidders by registered mail, or if picked up,
receipt acknowledge in writing.
AMEND TO ADD THE FOLLOWING:
Following the awarding or cancellation of a tender, all
deposits, with the exception of the low and second low Bidders
in the case of an award, shall be returned to the unsuccessful
Bidders by registered mail, or if picked up, receipt
acknowledged in writing. The retained deposits will be held
until the contract is executed (see 16) .
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GENERAL WORDING CHANGES
PARAGRAPH 1, DEFINITIONS
CURRENTLY READS:
. . . The Corporation of the Municipality of Clarington . . .
AMEND TO READ:
. . . The Corporation. . .
PARAGRAPH 11, SECTION 11.05,
PARAGRAPH 13, SECTION 13.03
Currenting reading "he" , Amend to read "he/she" .
PARAGRAPH 5, SECTION 5. 01
PARAGRAPH 8, SECTIONS 8 .03, 8.04
PARAGRAPH 11, SECTION 11.05
PARAGRAPH 12, SECTIONS 12.01, 12 .04, 12 .08
PARAGRAPH 13, SECTION 13.03
Currently reading "his" , Amend to read "his/her" .
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SCHEDULE "C"
PURCHASING BY-LAW COMPARISON BY MUNICIPALITY
MUNICIPALITY DOLLAR VALUE COUNCIL APPROVAL REQUIRED
FORMAL QUOTATIONS Region of Durham +10,000 -50,000 Report to Standing Committee and
Council only if other than lowest overall
cost accepted
Town of Pickering + 5,000 - 20,000 Report to Council only if lowest
responsible Quotation exceeds$20,000
Town of Whitby +10,000 -25,000 Report to Operations Committee only if
lowest responsible Quotation exceeds
budget allocation and/or exceeds$25,000
City of Oshawa +12,500 -25,000 Report to Board of Control only when
three written Quotations not received,or
where lowest Quotation is not accepted
Report to Committee and/or Council only
Proposed +10,000 - 25,000 where lowest Quotation not accepted or
co Municipality of Clarington when lowest responsible Quotation
exceeds budget allocation
TENDERS Region of Durham +50,000 Yes
Town of Pickering +20,000 Yes
Town of Whitby +25,000 Yes
City of Oshawa +25,000 Yes
Proposed +25,000 Yes
Municipality of Clarington
PURCHASING BY-LAW COMPARISON BY MUNICIPALITY
MUNICIPALITY DOLLAR VALUE COUNCIL APPROVAL REQUIRED
REQUESTS FOR Region of Durham +500 -50,000 No
PROPOSALS
Town of Pickering 5,000 - 20,000 No
Town of Whitby +10,000 Yes
City of Oshawa Not included in existing By-law
(under review)
Proposed Yes
Municipality of Clarington +25,000
PROFESSIONAL FEES Region of Durham +50,000 Yes
Town of Pickering +20,000 Yes
Town of Whitby Not included in existing By-law
City of Oshawa Not included in existing By-law
(under review)
Proposed Yes
Municipality of Clarington +25,000
PURCHASING BY-LAW COMPARISON BY MUNICIPALITY
MUNICIPALITY APPLICABLE BY-LAW CLAUSE
LOCAL BID POLICY Region of Durham 2.0 Policies
2.1 "The Regional Municipality of Durham will acquire its goods, services and
works without favouritism at the lowest overall cost considered with the
application of appropriate principles;"
2.2 "The Regional Municipality of Durham will acquire its goods, services and
works through the application of the highest standards of business ethics."
Town of Pickering 4.1 "If a competitive market exists,provided quality,service,delivery and price are
similar,the lowest price shall be accepted."
Town of Whitby 3a) "Goods and Services will be purchased in accordance with policies and
procedures specified. In quotation and tendering practices,local preference
shall not be a determining factor. The lowest acceptable bid meeting the
specifications will be the basis of decision for contract award. Such a policy
shall be adhered to in order to promote competitive bidding and maintain the
fair enterprise system."
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b) Goods and Services costing less than the limits specified for quotations and
tenders will be purchased from suppliers located in the Town of Whitby
provided quality,service,delivery and price are equal."
c) The Purchasing Agent will endeavour to maintain up-to-date information
relating to the types of goods and services available from local suppliers."
City of Oshawa Not included in existing By-law(under review)
Proposed 5.1 Local Preference
Municipality of Clarington
"If in the determination of the Purchasing Agent,if a competitive market exists
and two or more bids are received and are identical in price,provided quality,
service and delivery are similar,then priority of acceptance shall be first for a
Local Bid,if any, and then for a Regional Bid,if any, otherwise the lowest
responsible bid shall be accepted.