tender nlesd-20-045 · 2020. 6. 11. · tender nlesd-20-045”. • should the bidder receive an...

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C.E.O./Director of Education: Anthony Stack Chair: Goronwy Price___________________________________________________________________________________

TENDER NLESD-20-045 The Newfoundland & Labrador English School District invites tenders for the following:

BUS MAINTENANCE – ST. ANTHONY, NL

CLOSING DATE: MONDAY, JUNE 22ND, 2020 AT 2:30 PM TENDER OPENING: MONDAY, JUNE 22ND, 2020 AT 2:30 PM

DIRECT INQUIRIES IN WRITING TO: Jackie Ralph [email protected]

Tender document MUST be obtained from EITHER:

www.pods.net (888-899-7637) or www.bidsalert.com (800-397-0393)

Tender Bids MUST be submitted via EMAIL. The SUBJECT LINE of the email MUST clearly identify the TENDER NUMBER and must be submitted no later than the closing

date & time listed above.

Tenders must be submitted to [email protected]

mailto:[email protected]


NLESD-20-045 Bus Maintenance – St. Anthony, NL 1

IMPORTANT CHANGES TO BIDDING PROCESS

In order to adapt to the COVID-19 pandemic, the Newfoundland and Labrador English School District (NLESD) has made temporary changes to its tendering process. It is the responsibility of the Bidder to familiarize themselves with the following changes so that disqualification, due to incompliant bid submission, is avoided.

• Tender Bids must be submitted via email to [email protected] no later than theclosing date & time listed above. Tender number must be clearly entered in the subjectline of the email.

• The subject line of the email, containing the tender bid must clearly state NLESD-20-045; otherwise the bid may be rejected.

• Bids submitted by fax, mail, courier, drop off, or any other means of delivery other thanby the email stated above will NOT be accepted.

• If submitted correctly, the Bidder should receive an email stating “Received Bid forTender NLESD-20-045”.

• Should the Bidder receive an email that states “Bid Submission is invalid orincomplete”, after submitting bid to [email protected], the onus is on the Bidder toconfirm the subject line has been entered correctly and that all pertaining documentshave been correctly attached, before resubmitting bid.

• It is important to note that the NLESD Purchasing Department cannot access [email protected] account before the tender closing date and time; therefore, allquestions and concerns regarding the tender documents must be submitted, viaemail, to the Buyer listed on the cover page and Section B – Scope & Specifications, ofthe tender documents.

• Due to the current COVID-19 situation, there will not be a Public Opening of this Tender;instead the opening of Bids will be done via Video Recording, by two (2) representativesof the Newfoundland and Labrador English School District, at the scheduled closingtime.





SECTION A - INSTRUCTIONS TO BIDDER

GENERAL

1. This Open Call for Tenders is carried out in accordance with section 6(iv) of the PublicProcurement Act. Due to the current COVID-19 situation, there will not be a PublicOpening of this Tender; instead the opening of Bids will be done via Video Recording, bytwo (2) representatives of the Newfoundland and Labrador English School Board, at thescheduled closing time.

2. Tender Documents must be obtained through BIDS or PODS. Any change or modification to the Tender specifications will be made in writing only. Any verbal representation made by either the Bidder or the District will not be considered to be binding on either party.

3. For the purpose of this document, Newfoundland and Labrador English School Districtwill be referred to as the “District”. “Bidder” will refer to any entity that intends to submit abid for this Tender. “Successful Bidder” will refer to the Bidder with which the Districtintends to enter into a contract with for the services described in this Tender, asdetermined by the District, and “Contract” refers to the terms of the Tender applicablebetween the District and the Successful Bidder.

4. Any errors or oversights in this Tender, or any clarifications that may be required, are tobe brought to the attention of the District. Bidders will not be given an advantage due toerrors, omissions or ambiguities that may be present in this Tender.

5. Interpretations or explanations will not be considered part of the Tender Documents.Clarifications or changes will be issued in the form of an Addendum to all Biddersrecorded as receiving Tender Documents by Bids and Pods. Bidders must insert thenumber of all Addenda to this Tender in the Bid Form and if no Addenda have beenreceived, the word “none” should be inserted. If the space is left blank, all Addenda willbe deemed to have been received. Bidders are cautioned that it is their responsibility toensure that they receive all information relevant to this Tender.

6. To request a change to any submitted Tender bid, Bidders must complete the BidAmendment Form located at the end of the Stipulated Price Contract and submit byemail to [email protected]. Requests for change will be accepted up to one (1)hour prior to tender closing on the day of closing. The bidder must confirm withPurchasing Staff that their change has been received.

7. Any questions or clarifications concerning this Tender must be submitted no later than48 hours (excluding weekends/holidays) by email prior to the Closing Date/Time.

8. The District will not be responsible for Bidders who fail to inform themselves regardingthe scope and nature of the work.

9. Tender Bids received after the Closing Date/Time will not be considered. If only a portionof the Tender Bid is received by the Closing Date/Time, the Tender Bid will beconsidered incomplete and will not be accepted.

10. Bids submitted by fax, mail, courier, drop off, or any other means of delivery other thanby the email stated above will NOT be accepted.



11. All Bids and accompanying documentation are considered the property of the District.

12. The District reserves the right to obtain materials/services from a vendor other than theSuccessful Bidder in event of non-compliance with the terms of the Tender

13. Terms and conditions pertaining to the goods and/or services are set out under SectionB - Scope and Specifications and will take precedence over any inconsistent orconflicting terms in Section A – Instructions To Bidder.

14. The Bid Form must be signed by an authorized officer of the Successful Bidder if theBidder is a company or by an authorized person if the Bidder is a partnership orindividual.

15. All costs incurred by the Bidder in responding to this Tender are the responsibility of the Bidder. The District is not liable for any costs in the preparation or presentation of Bids.

16. Bids must remain open for acceptance and are irrevocable for a period of 60 days afterthe Tender Closing Date.

17. Bids must include all costs including permits, fees, all overhead and profit, insurancepremiums, applicable taxes and all other charges.

18. Bids must be in Canadian funds.

19. Bid amounts will remain unchanged for the full period of the Contract

20. The District reserves the right not to accept the lowest or any Bid.

21. The District reserves the right to cancel the Tender at any time without anyconsequences to itself.

22. The District may publicly disclose the terms of the Bid.

23. The financial value of a contract resulting from this procurement process will be publiclyreleased as part of the award notification process.

CONFIDENTIALITY – BID SUBMISSION MATERIALS AND ATIPPA

24. All Bids and documents submitted to the District in response to this Tender becomes theproperty of the District and will be held in confidence unless subject to disclosure underthe Access to Information and Protection of Privacy Act, 2015 (“ATIPPA”).

25. The District is not liable for any claims, costs, losses or damages by any Bidders as aresult of the District’s release of information pursuant to ATIPPA.


TENDER EVALUATION

26. The District reserves the right to reject any Bid that does not meet the Tender requirements as stipulated herein. All required documentation is to be included with the Bid.

27. The District reserves the right to reject any Bids from Successful Bidders that have failed

to fulfill their obligations under any prior contract with the District in the two year period prior to the closing date.

28. Bids containing qualifications or additional clauses to Section A - Instructions To Bidder

will be rejected by the District.

29. Bids that are unsigned, improperly signed, illegible, obscure, contain arithmetical error, erasures, or irregularities of any kind, may be rejected by the District.

30. If a Bid fails in some way to comply with the specific requirements of the Tender, which

in the sole discretion of the District is not material, the District may waive the irregularity and accept the Bid.

31. The District reserves the right to accept any part or all of a Bid.

32. This Tender will be evaluated using the Total Tendered Price in the Stipulated Price

Contract located at the end of this document. In case of error the Total Tendered Price calculation, Unit Price will govern.

33. The Successful Bidder may be required to demonstrate compliance with the terms, conditions and specifications of the Tender.

34. The District reserves the right to withhold payment if it determines in its discretion that service requirements of this Tender are not being adhered to until rectified by the Successful Bidder to its satisfaction.

35. The Successful Bidder shall not assign or subcontract, in whole or part, the Contract or services without written consent of the District.

LIABILITY INSURANCE

36. The Bidder must protect itself and indemnify and save the District harmless from any and all claims, losses, costs, damages, suits, proceedings, or actions arising out of or in executing the work, including his omissions, improper acts or delays. Without restricting the generality of the foregoing, the bidder will maintain insurance during the period of the Contract or any extensions to the following limits:

37. Comprehensive Minimum General Liability - $1,000,000.00 inclusive per occurrence for

bodily injury, death and damage to property including loss of use thereof, with a Property Damage deductible of $500.00.

38. Standard Automobile Policy Liability - $1,000,000.00 inclusive per occurrence for bodily

injury, death and damage to property, in the following forms endorsed to provide the District not less than thirty (30) days written notice in advance of any cancellation, change or amendment restricting coverage.

Standard Non-Owned Automobile Policy including Standard Contractual Liability Endorsement.


Standard Owner's Form Automobile Policy providing Third party Liability and Accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Bidder.

39. Prior to commencement of any work, the Bidder will have their insurance company

complete a Certificate of Insurance giving the following details of the Comprehensive or General Liability Policy: • Insurance Company's name and policy number. • Operations covered, particularly specifying the subject contract. • The specified minimum limit for all claims for bodily injury of property damage arising from one accident. • The Policy to include Bidder's Protective, Contractual Liability, Completed Operations and Non-Owned Automobile Liability. • The District added as an additional named Insured and the Cross Liability Clause

included. • The Policy cannot be lapsed, cancelled or in any way endorsed so as to affect the

coverage provided for the Contract without giving 30 days notice in writing to the District.

40. The Successful Bidder must provide evidence of insurance requirements listed above

upon request.

MISCELLANEOUS 41. Insurance and Workers Compensation Certificate The Bidder must be in “Good Standing” with Workplace, Health, Safety and

Compensation Commission of Newfoundland & Labrador as of the Tender closing date of this Tender. If requested, a Workers' Compensation Certificate must be provided within 7 days of Bidder’s notification of award and prior to any commencement of work. If requested, a Worker’s Compensation Certificate must also be submitted each August during the life of the Contract prior to commencement of the work. If requested, the Successful Bidder is to submit Letter of Good Standing from Workplace Health / Safety and Compensation Commission to the Newfoundland & Labrador English School District within three (3) working days of request.

42. Permits, Notices & Laws The Bidder will obtain and pay for all necessary permits, certificates, licenses or other

fees required for the execution of the work. The Bidder will comply with all laws, ordinances, rules and regulations relating to the work.

43. Assignment The Bidder will not assign the Contract or any part thereof or any benefit or interest

therein or there under without the written consent of the District. 44. Warranty Any and all guarantees will take effect upon the Bidder receiving full payment by the

District. All guarantees to be submitted in writing to the District immediately following completion of the work and prior to final payment by the District.


45. Security Clearance The Successful Bidder will inform their employees that a security clearance may be

required. If requested, the Successful Bidder will submit the list of employees to the Director of Procurement and Business Services who will have the security check undertaken.


SECTION B - SCOPE & SPECIFICATIONS SCOPE The Newfoundland and Labrador English School District invites tenders for the following: supply of mechanical services (labour) for approximately seven (7) school buses for the 2020-2021 school year for the St. Anthony area. CONDITIONS:

• Successful bidder must be within 20 kilometers of St. Anthony to ensure timely repair of buses.

• The District reserves the right to have the District’s Western Regional Manager of Student Transportation, or their designate, present while work is being performed on the buses.

• Parts pricing to be at a cost plus 10% administration fee.

• Time on individual jobs must be shown separately.

• Time on individual jobs must be clocked in and clocked out.

• Buses are to be picked up and dropped off at designated school when service is required as determined by the Lead Driver for the area.

• Priority must be given to the District buses when service is required above any

other of the vendor’s work.

• All work on buses must be completed in a registered Motor Registration Division inspection station site.

• A copy of all inspection slips must be sent to fax # 709-639-1653.

• All invoices to be submitted to the NLESD Accounts Payable Department

located at: 95 Elizabeth Avenue

St. John’s, NL A1B 1R6

DURATION OF CONTRACT: The duration of each contract shall be from the date of award to June 30, 2021.

This contract may be extended on a yearly basis for up to one year beyond the normal scheduled expiry date, if both parties mutually agree. The contract extension shall be with the same terms, conditions and cost as the original period of the contract. The unit rates for service under any contract extension shall be as per the original rates bid in this tender.


PAYMENTS: Payment for unit rate work will be made upon completion of the work and receipt of the Contractor’s invoice quoting the applicable purchase order number.

SCOPE OF WORK

The contractor shall supply all the necessary labour, materials, tools and test instruments; except as otherwise particularly instructed, for the proper performance of Maintenance of NLESD School Buses. All work shall comply with the requirements of the Highway Traffic Act and its regulations.

The work shall include but is not necessarily limited to the following:

1. Diagnose, service, repair, adjust, rebuild and maintain engine management systems,

electrical systems, hydraulic and hydrostatic drive systems, steering and suspension systems, braking systems, snow and ice control systems, etc.

2. Diagnose, service, repair, adjust, rebuild and maintain drive train components, which

include diesel and gas engines, transmissions, drive lines and differentials, etc.

3. Rebuild and fabricate parts and components of light and heavy vehicles, its systems and related equipment.

4. Perform diagnostics and repairs using scan tools and other hand tools.

5. Perform preventative maintenance and servicing on vehicles and equipment.

6. Perform welding procedures and machining operations.

7. Perform inspections of vehicles to ensure compliance with all applicable Acts,

regulations and standards. Issue inspection certificates. PURCHASE ORDERS Each item of work shall be requested on a District issued Purchase Order, describing the Scope of Work. If further information is required by the Contractor regarding any Purchase Order, they should contact the Regional Student Transportation Manager or Student Transportation Supervisor. If the Contractor should become aware of any apparent error or omission within the Scope of Work, as so described, they shall request clarification from the Regional Student Transportation Manager or Student Transportation Supervisor. Request for Vehicle Repair: All requests for Vehicle Repair shall be initiated by a District issued Purchase Order, which will contain the vehicle’s plate number and a brief description of the suspected problem. If upon inspection of the vehicle it is found that the repair will cost greater than One Thousand Dollars ($1,000.00) the vendor must provide the District with its diagnosis and all estimated costs for repair; no work shall commence without a District issued Purchase Order or written approval from the District’s Manager of Student Transportation or his/her designate.


SKILLED WORKFORCE: The Vendor must fulfil all work with skill and diligence. The Vendor is responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract and conform to a high standard of moral and ethical conduct. The District reserves the right to terminate the contract immediately should the Vendor fail to provide sufficient skilled forces to satisfy the expectations of the District. The District remains the final judge of these expectations. TERMINATION:

In the event that the successful Bidder does not, in the sole and exclusive opinion of the District, comply with the specifications and terms of this contract at any time throughout the duration of the contract, or if the District, in its sole and exclusive discretion, determines that the service provided by the successful Bidder is unsatisfactory at any time during the term of the contract, the District reserves the right to immediately terminate the contract in its entirety. Termination will be given in writing to the Vendor upon five (5) days’ notice. The District remains the final judge of these expectations, work and services performed.

The District will notify the Vendor in writing of any concerns relating to the performance or administration of the contract and a deadline for the Vendor to correct the concerns. The Vendor will respond within five (5) working days after receipt of the notice proposing a resolution within the required deadline (depending upon the circumstances the District may extend the deadline at the request of the Vendor). If the concerns are not corrected within the deadline specified in the District’s notification letter to the satisfaction of the District, the District will provide the Vendor with a contract cancellation letter outlining the reasons for cancellation. In such an event, the District shall only be liable for payment of work ordered and performed prior to the date of notice.

CONTACT Please forward any questions related to the scope of this tender to Jackie Ralph at [email protected].


STIPULATED PRICE CONTRACT (Page 1 of 3)

Newfoundland & Labrador English School District 95 Elizabeth Avenue St. John’s, NL A1B 1R6 RE: TENDER NLESD-20-045 Bus Maintenance – St. Anthony, NL To Whom It May Concern: Having carefully examined the site of the proposed work and conditions affecting such, as well as the Contract Documents including Section A and B and any Addenda and Drawings for this project, WE, the undersigned, hereby offer to furnish all necessary labour, materials, superintendence, plant, tools, and equipment and everything else required to perform expeditiously, complete in a satisfactory manner, the work for the Total Tendered Price quoted below. We enclose herewith, as required in Section A: a Bid Bond in an acceptable form and correct amount by a company licensed to carry on such a business in the province of Newfoundland and Labrador. In the event of this Tender bid being accepted and our failure to enter into a contract in the form hereinafter mentioned for the amount of our Tender bid, the said security may be, to the option of the District, forfeited. The forfeiting of the security does not permit the right of faction of the District against us for our failure or refusal to enter into a Contract. If notified in writing by the District of the acceptance of this Tender within 60 days of the Tender closing date subject to such other period as may be specified in the tendering documents, we will:

i) execute the Standard Form of Construction Contract, CCDC-12, if required by the District.

ii) if specified, furnish the security for the proper completion of the work, the said security, if in the form of bonds, to be issued on an acceptable form;

iii) complete substantially all the work included in the Contract within the time and under conditions specified.

WE understand that Performance Bond, Labour and Materials Bond and Insurance as required by the Contract Documents must be provided and in force prior to the commencement of any work and satisfactory proof of such be provided to the District. WE confirm the sums herein tendered include all prime costs, allowances, permits, fees, royalties, custom duties, foreign exchange charges, transportation, travelling costs, delivery, postage, all overhead and profit, all coordination fees, insurance premiums, applicable taxes and all other charges. H.S.T. indicated separately in the Tender. We understand and agree to list the names of sub-contractors and suppliers whose bids have been used in the preparation of this Tender price. The list will be subject to the approval of the District.


STIPULATED PRICE CONTRACT (Page 2 of 3)

We agree to authorize the District to release the names of sub-contractors used in our Tender bid where such information is requested from the District. We reserve to us the right to substitute other sub-contractors for any trades in the event of any sub-contractors becoming bankrupt after the date hereof. Any such substitution will be subject to the approval of the District and contingent upon satisfactory evidence of bankruptcy. WE understand and agree that the District may order changes to the work in the form of additions or deletions. The District will provide authorized change order forms, should it be warranted. WE hereby acknowledge receipt of the following number of addenda: # of Addenda Initial ___

In order for a Tender Bid to valid, it must be signed by duly authorized officials as indicated in

the Instructions To Bidders.

COMPANY: ________________________________________________________________ ADDRESS: __________________________________ POSTAL CODE: ________________ PHONE NUMBER: ______________________ FAX NUMBER: _______________________ SIGNING OFFICER: ________________________ POSITION: _______________________ SIGNATURE: _____________________________ HST # __________________________ DATE: ___________________ COMPANY SEAL:

CONTACT EMAIL ADDRESS: ___________________________


STIPULATED P RICE CONTRACT (Page 3 of 3)

NOTE: Quantities are estimates only. This standing offer expires on June 30, 2020. With an option to renew for one (1) year if mutually agreed upon by the successful bidder and the District.

Item

Description

(A) Estimated Quantity

(B) Unit Cost

(A x B) C: Extended Price

1

Rate per Labour Hour

600 hours

$

$

D: HST (15% of C)

$

E: TOTAL TENDERED PRICE (C +D) $


BID AMENDMENT FORM

(If required)

• Bid amendments must be submitted to The Newfoundland and Labrador English School District’s Procurement Department by email at [email protected].

• Emailed amendments must indicate the tender number in the subject line. • Amendments to submitted tender bids will be accepted up to one (1) hour prior to tender

closing on the day of closing. Amendments received after this time will not be accepted. • It is the responsibility of the bidder to ensure amendment has been received. Therefore, the

bidder must confirm receipt of amendment with Purchasing Staff.

COMPANY NAME: COMPANY MAILING ADDRESS: COMPANY CONTACT INORMATION: Tel No.: Fax No.: Email: TENDER NAME AND NUMBER: NUMBER OF ADDENDA RECEIVED: INITIAL: ___

We hereby INCREASE our total tendered price by: _______________________________________

We hereby DECREASE our total tendered price by: _______________________________________ Sign Print Date
