CORPORATION OF THE TOWN OF KIRKLAND LAKE - oafc.on.ca€¦ · Web viewThe Vendor shall provide proof of motor vehicle liability insurance having limits of not less than $5,000,000

CORPORATION OF THE TOWN OF KIRKLAND LAKE REQUEST FOR PROPOSAL RFP-521-18

1 ONLY USED FIRE DEPARTMENT RESCUE UNIT

Corporation of the Town of Kirkland LakeRFP-521-18

Supply Used Rescue Vehicle

Objective

The Corporation of the Town of Kirkland Lake is desirous to procure a “used” good condition, certified medium/ heavy duty rescue unit for Fire Department usage. Unit must meet the specification listed within.

Submission

To receive consideration, Proposals must be submitted on the Proposal forms and in an envelope plainly marked submitted to the following address:

Corporation of the Town of Kirkland LakeP.O Bag 17573 Kirkland StreetKirkland Lake, ON P2N 3P4

Attention: JoAnn Ducharme, Municipal Clerk, Clearly marked “RFP-521-18 Supply used rescue vehicle

unit.

The closing date for the submission of Proposals will be at 2:00 pm local time on

Tuesday August 28th, 2018

A non-public opening of the Proposals will take place on the same day at 2:05 p.m. at the Municipal Office at 3 Kirkland Street Kirkland Lake ON

Proposal documents may be obtained from the Corporation of Kirkland Lake, Planning Dept. division at 1 Dunfield Road, Kirkland Lake ON P2N 3P4 or (705) 567-9365 Ext. 326

Proposals shall be in ink, late Proposals will not be accepted; Proposals by fax or photo copy will not be accepted; Partial Proposals are not accepted; The Corporation reserves the right to accept or reject any or all Proposals; The lowest priced Proposal will not necessarily be accepted; The Corporation reserves the right to enter into negotiations with a Vendor and any

changes to the Proposal that are acceptable to both parties will be binding; The Proposals shall be valid for 30 (thirty) days from submission date.

Questions

Any questions or concerns with respect to the Proposal document and contents are to be directed to: Gary Wadge – Procurement and Risk Management Coordinator, 1 Dunfield Road, Kirkland Lake ON P2N 3P4, (705) 567-9365 Ext. 331

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Contents

Objective 2

Submission 2

Questions 2

Contents 3

Definitions 5

General Description 7

Brand Names 7

Evidence of Specifications 7

Quality 7

Product Safety Standards 8

Manufacturer's Certification 8

Clarification 8

Acceptance or Rejection of Submissions 8

The Right to Negotiate 9

Proposals ____________9

Original Proposal Documents _______ 10

Firm Prices 10

Any or all Proposals exceed approved budget 11

Legal Claims and Damages 11

Time is of the Essence 11

Change/Amendment 11

Agreement in Writing Only_____________________ 12

Error and Correction 12

Standards & Legislation 12

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Municipal Conflict of Interest 12

Lobbying Restrictions 12

Accessibility for Ontarians with Disabilities Act. (AODA) Compliance 13

Municipal Freedom of Information & Protection of Privacy Act 13

Failure to comply with all Proposal terms 13

Termination_____________________________________________________________13

Performance Evaluation 14

Failure to Complete the Agreement 14

Basis of Payment 14

Goods and Materials & Equipment Suitable for use 15

Proposal Preparation Costs 15

Notification to Bidders 15

Influence 15

Protection of the Corporation 15

Guarantee Period 16

Adherence to Requirements 16

Harmonized Sales Tax 16

Withdrawal of Proposal 16

Unenforceable Provisions 16

Force Majeure 16

Conflict Resolution 17

Specifications 17

Warranty 18

Insurance 18

Delivery Information 18

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Proposal Evaluation Criteria 19

Inspection by the Corporation_____ ____________ 20

Photos 20

Onsite Visit Prior to Delivery 20

Form of Proposal (to be submitted) 21

Non Collusion Affidavit (to be submitted) 26

Conflict of Interest Declaration (to be submitted) 27

Accessibility for Ontarians with Disabilities Act 2005 Compliance Agreement (to be submitted) 28

Schedule “A” Mailing Envelope, (to be used) ______ 29

Schedule “B” Performance Evaluation 30

DEFINITIONS

Addendum - means a written order issued from the Corporation that clarifies, changes the scope or specifications of the Work/ Commodity prior to commencement and during the solicitation process.

Agreement – means a negotiated and usually legally enforceable understanding between two or more legally competent parties. An agreement typically documents in writing the give-and-take of a negotiated settlement.

A.O.D.A. – Accessibility for Ontarians with Disabilities Act. 2005

Approval Authority – means the authority delegated by the Corporation to a person designated to occupy a position to approve on its behalf one or more procurement functions within the plan-to-pay cycle up to specified dollar limits subject to applicable legislation, regulations and procedures in effect at such time.

Award - means the notification to a Proponent of acceptance of a Proposal, Proposal or Proposal that brings contract into existence.

Bid – means a Proposal, Proposal or Proposal submitted in response to a solicitation from a providing authority. A Bid covers the response to any of the three principal methods of soliciting Bids, i.e., Request for Proposal, Request for Proposal and Request for Proposal.

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Bid Document – a Proposal, Proposal, Proposal or other document that states the Corporation’s desire to procure and Proponent’s offer to provide to the Corporation the goods or services defined in the specifications or scope of work.

Bid Price - a price offered for a good or service by a potential Buyer or a price offered by a potential Provider to perform/ provide a specific job or commodity.

Bid Protest – means the dispute raised against the methods employed or decisions made by a contracting authority in the administration of a Proposal, Proposal or Proposal process.

Budget - means an amount approved by Council for operating expenses or capital projects.

Corporation – The Corporation of the Town of Kirkland Lake

Competitive Procurement – means a set of procedures for developing a procurement contract through a Bidding or Proposal process. The intent is to solicit fair, impartial, competitive Bids.

Conflict of Interest – means a situation in which financial or other personal considerations have the potential to compromise or bias professional judgment and objectivity. An apparent conflict of interest is one in which a reasonable person would think that the professional’s judgment is likely to be compromised.

Goods and/or Services - set out in the Bid document, including goods, services or equipment, where applicable, and defined in the specifications or scope of work.

L.S. – means Lump Sum

Provider/ Vendor/ Vendor - means a person or Company that submits a Bid.

Request for Proposal (RFQ) - means a written submission and offer, received from a Bidder in response to a public invitation to provide goods and/or services based on an approved Proposal format of the Corporation, and containing terms and conditions.

Specifications – detailed and exact non-restrictive written descriptions, instructions and drawings defining the Goods or Services requested in the Bid Document.

Submission - means information submitted by a Proponent in response to this Request.

Successful Proponent/Bidder/Vendor/Vendor - means the person, partnership or corporation, (e.g., a Vendor/Consultant/Vendor) and any employee, agent, representative or officer, or sub-Vendor/supplier/sub-consultant thereof, that has been successful in the award of a Request for Bids/ Proposal and thereby agrees to supply the goods and/or services under the terms of the Request and is undertaking the Work as identified in the Agreement.

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GENERAL TERMS AND CONDITIONS

1. GENERAL DESCRIPTION

The Corporation of the Town of Kirkland Lake, hereinafter referred to as the “Corporation”, invites Proposals from qualified Vendors for the supply and delivery of 1 only “used” medium/heavy duty, rescue vehicle for immediate service implementation within the Corporation’s Fire Department Fleet. For the convenience of the Vendor, The Corporation’s estimated budget allowance for this unit is seventy five thousand (75,000) CDN, all inclusive, including taxes and delivery. In order to conserve valuable time and resources the Bidder should restrict offers to the approximate vicinity of this amount. The Corporation reserves the right to choose any offer which is most beneficial to the taxpayer regardless of price.

The vehicle must meet at minimum the specifications as listed within.

This Request for Proposal is without any guarantee respecting the volume of business to be obtained from the Corporation.

2. BRAND NAMES

If and wherever in the specification a brand name, make, name of any manufacturer, trade name or vendor catalogue number is mentioned, it is for the purpose of establishing a grade or quality of material only, unless specified otherwise. Since the Corporation does not wish to rule out other competition and equal brands or makes, the phrase "OR APPROVED EQUAL" may be added. However, if a product other than the specified is bid, it is the Bidder's responsibility to name such product within the submitted document and to prove to the Corporation that said product is equal to the specifications and to submit brochures, samples and/or specifications in detail on item(s) bid. The Corporation shall be the judge concerning the merits of bids submitted.

3. EVIDENCE OF SPECIFICATIONS

Evidence in the form of written specifications may be requested. Such evidence is to be furnished after the date of request for bids opening, only upon request of the Corporation, unless otherwise stated in the document. If documentation is requested, it must be received by the Corporation no later than seven (7) days after formal request is made. Documentation, when requested, must be furnished free of expense to the Corporation.

4. QUALITY

Only the latest model, of the best quality and highest grade workmanship shall be considered. The Unit shall be sold “certified” by the Vendor and shall provide such safety certificate at time of delivery. The Vehicle shall display a certification sticker valid for the current year. All

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components, accessories or implements specifically pertaining to safety, governmental laws, fire department usage and their applications shall meet or exceed such standards and will be considered to be in working order. The onus is on the Vendor to ensure any or all components provided meet or exceed specific standards and specifications as applied to them.

Time will be of the essence for any orders placed as a result of this requests for bids. The Corporation reserves the right to cancel such orders, or any part thereof, without obligations if delivery is not made at the time(s) specified.

5. PRODUCT SAFETY STANDARDS

The Bidder warrants that the product(s) supplied to the Corporation conforms in all respects to the standards set forth by Federal and Provincial agencies and failure to comply with this condition will be considered a breach of contract.

6. MANUFACTURER'S CERTIFICATION

The Corporation reserves the right to request from the Bidder separate manufacturer's certification of all statements made in the bid document.

7. CLARIFICATION

It is the Bidder's responsibility to clarify any details in question before submitting a Proposal. All official correspondence in regards to the specifications should be directed to and will be issued by the Procurement Coordinator for the Corporation of the Town of Kirkland Lake. The Corporation will assume no responsibility for oral instruction or suggestion. Errors, omissions or ambiguities discovered in the contents of this Proposal should be submitted, in detail to: Gary Wadge – Procurement and Risk Management Coordinator at (705) 567-9365 Ext. 331, Fax # (705) 567-9400 or [email protected]

8. ACCEPTANCE OR REJECTION OF SUBMISSIONS

The submission of Bids does not obligate the Corporation to accept any Bid or to proceed further with the acquisition. The Corporation may, in its sole discretion, elect not to proceed with the acquisition in whole or in part and may elect not to accept any or all Bids for any reason or to cancel the acquisition without any obligation whatsoever to Bidders.

Should the Corporation not receive any Bids satisfactory to it for any reason, it may, in its sole and absolute discretion, revise the Bid documents or negotiate an Agreement for the whole or any part of the acquisition with any of the Bidders or the lowest compliant.

Bids which are informal, incomplete, contain qualifying conditions or otherwise fail to comply with the requirements of the Bid documents or are otherwise irregular in anyway, may at the sole and absolute discretion of the Corporation, be declared invalid and rejected.

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mailto:[email protected]



The Corporation retains the separate right to accept or waive irregularities if, in the Corporation’s sole discretion, such irregularities are of a minor or technical nature or, where practicable to do so, the Corporation may, as a condition of Bid acceptance, request a Bidder to correct a minor or technical irregularity with no change to the Bid price.

The determination of what is, or is not, a minor or technical irregularity, the determination of whether to accept, waive, or require correction of an irregularity, and the final determination of the validity of a Bid, shall be at the Corporation’s sole and absolute discretion.

Any award on this Proposal is conditional upon the Successful Bidder entering into an agreement to supply the goods and/or services as required by this Proposal, within such time period as is satisfactory to the Corporation. Failing this, the Corporation reserves the right to cancel the award and then re- award this Proposal in whole or in part to any other Bidder, without any liability to the Successful Bidder, or to cancel this Proposal in its entirety.

The Successful Bidder shall execute any documentation, drafted in accordance with the terms of the Successful Bidder’s Proposal and any subsequent negotiations, within seven (07) days of the date of notification of the Successful Bidders selection.

Respondents not initially selected as the Successful Bidder hereby commit themselves, subject to notification by the Corporation to execute documentation as aforesaid up to thirty (30) days following the date of opening of their Proposals.

9. THE RIGHT TO NEGOTIATE

The Corporation reserves the right to review and discuss with any Bidder, the Proposal submitted by that Bidder. The Corporation reserves the right to negotiate with the Bidder, any reasonable changes or additions to the Agreement that the Bidder may propose. Negotiated changes or additions to the Agreement proposed by the Bidder will be included in the Agreement in the form of an Addendum, and will take precedence over the Proposal document and the Agreement proposed by the Bidder. If such changes or additions cannot be negotiated, the Corporation in its sole discretion may approach another Bidder for the fulfilment of this agreement.

The Corporation reserves the right to reject any or all Proposals for reasonable cause and to accept any Proposal if considered in the best interest of the Corporation. The lowest or any Proposal not necessarily accepted.

10. PROPOSALS

Proposals shall be in ink, late Proposals will not be accepted; Proposals by fax will not be accepted; Photo copies of submissions will not be accepted; Partial Proposals are not accepted; The Corporation reserves the right to accept or reject any or all Proposals;

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The lowest Proposal will not necessarily be accepted; The Corporation reserves the right to enter into negotiations with a supplier and

any changes to the Proposal that are acceptable to both parties will be binding. Form of Proposal and/or Addendum(s) must be completed in ink or by

typewriter/electric print.

Line item and total contract price must be clearly indicated.

The Vendor shall, if more than one (1) unit is being offered, shall provide a separate and individual form of proposal submission for each unit. Please photocopy form for all additional units.

The Bid must not be restricted by a statement added to the Proposal form or by a covering letter, or by alterations to the Proposal form, as supplied by the Corporation unless otherwise provided herein.

Submissions or adjustments by telegram, fax or letter will not be accepted.

The Form of Proposal must be signed in the space provided on the form, with the signature of the Bidder or responsible official of the firm bidding. If a joint Bid is submitted, it must be signed and addressed on behalf of both of the Bidders.

The Successful Bidder shall be notified by means of written purchase order/ agreement of the acceptance of his/her Proposal.

11. ORIGINAL PROPOSAL DOCUMENTS

It is to be understood that all terms and conditions, specifications, drawings, plans, all Proposal clauses, and the complete Proposal containing all documents as originally issued by and posted in the Procurement Division of the Corporation shall constitute the Proposal request. Any Proposals received that have clauses or any wording or figures, statistics, numbers, quantities or any other items that have been changed or altered in any way shall be rejected and not accepted by the Corporation.

12. FIRM PRICES

Proposals submitted and prices offered shall be irrevocable and open for acceptance for the period of thirty (30) days.

All prices shall be inclusive of all costs such as but not limited to the cost of the goods/ services, overhead and profit, shipping, delivery and any other costs which should be known but net of taxes. Taxes on the total costs should be shown separately.

All prices shall be F.O.B. delivered to 1 Dunfield Road, Kirkland Lake, On P2N 3P4

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The Corporation makes no allowance for an increase of individual or total prices offered for the duration of the agreement.

13. ANY OR ALL PROPOSALS EXCEED APPROVED BUDGET

In the event that any or all Proposals exceed the approved budget, and staff are not prepared to seek additional funding, the Approval Authority may, opt for one of the following:

a) Approach the lowest Bidder to seek options to change the requirements and obtain a corresponding price change for the reduced requirements;

b) Approach the top three Bidders to seek options to change the requirements and obtain a corresponding price change from each for the reduced requirements; or

c) Advise all Bidders that the Bid solicitation process will be cancelled, and a review of the requirements will be undertaken and that a new Bid solicitation may be issued later.

14. LEGAL CLAIMS AND DAMAGES

The Corporation reserves the right not to accept a response from any person or corporation which includes any non-arm’s length corporation and all related corporations thereto who, or which, has a claim or instituted a legal proceeding against the Corporation or against whom the Corporation has a claim or instituted a legal proceeding with respect to any previous contracts, Bid submissions or business transactions who is listed as either the Proponent or any vendor within the submitted responses.

Also, a Bidder, by submitting a Bid, agrees that it will not claim damages, by any means, in respect to any matter relating to the Proposal, the Bidding and evaluation process or any subsequent procurement process, if any, resulting from this Bid.

15. TIME IS OF THE ESSENCE

The Corporation shall have the right to cancel at any time any contract or any part of any contract resulting from this Proposal in respect to the goods, materials, articles, equipment, work or services, covered thereby, not delivered or performed by the specified time in the written document, without incurring any liability whatsoever in respect hereto.

16. CHANGE/ AMENDMENT

At any time prior to the closing date and time, The Corporation reserves the right to alter, delete, amend or add to, in whole or in part, any of the terms, conditions, procedures, requirements and provisions of this Proposal, in which case, a formal Addendum specifying the same in detail will be issued.

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17. AGREEMENT IN WRITING ONLY

No verbal arrangement or agreement, relating to the goods, materials, articles, equipment, work or services, specified or called for under this Proposal, will be considered binding, and every notice, advice or other communication pertaining thereto, must be in writing and signed by a duly authorized person.

18. ERROR AND CORRECTION

The Corporation will make all necessary corrections to any Proposal which is in error through addition or extension; the corrected value prevailing.

Any erasures, alterations or cross-outs must be initialed in ink by the Bidder. Failure to do somay result in the rejection of the Bidder’s Proposal by the Corporation.

19. STANDARDS AND LEGISLATION

The Successful Bidder may be required to provide written documentation that all materials or equipment offered in a Bidder’s Proposal meet all applicable Municipal, Provincial and Federal Government standards, legislation and laws.

20. MUNICIPAL CONFLICT OF INTEREST

Contracts in which a member of Council has an interest of which disclosure is required underthe Municipal Conflict of Interest Act R.S.O. 1990, as amended, are voidable at the instance ofthe Corporation before the expiration of two years from the date of authorization if such member fails to make such disclosure at the prescribed time.

21. LOBBYING RESTRICTIONS

Suppliers, Vendors, their staff members, or anyone involved in preparing Bids shall not engage in any form of political or other lobbying whatsoever or seek to influence the outcome of the purchasing process or subsequent Award. This restriction extends to all of the Corporation’s staff and members of Council.

The Corporation may reject any Bid by a Supplier or Vendor that engages in such lobbying, without further consideration, and may terminate that Supplier/ Vendors right to continue in the purchasing process.

During a Bid Solicitation process, all communications shall be made through the named party within the competition document. No Supplier/ Vendor or person acting on behalf of a Supplier/ Vendors or group thereof, shall contact any elected official, consultant or any employee of the Corporation to attempt to seek information or to influence the Award.

Elected officials shall refer any inquiries about a Bid Solicitation process to the named party within the competition document.

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22. ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT (AODA) COMPLIANCE

The Bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations thereunder with regard to the provision of its goods or services contemplated herein to persons with disabilities. Without limitation, if applicable, pursuant to section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service, made under the Accessibility for Ontarians with Disabilities Act, 2005, the Bidder shall ensure that all of its employees, agents, volunteers, or others for whom it is at law responsible, receive training about the provision of its goods and services to persons with disabilities. The Bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Corporation of the Town of Kirkland Lake must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. The Bidder shall submit the compliance agreement form within as proof of compliance.

23. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

This information is being collected pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act and will only be used to make a decision concerning the acceptance of this Proposal. The name of the Successful Bidder and total price will be made public. All other information contained in this document will be confidentially viewed by Council if necessary and appropriate staff. This Proposal document is received in confidence save and except the name of the Proposal and the total Proposal amount. However, the Successful Proposal will be made public and will form part of the accepting by-law and/or Proposal.

24. FAILURE TO COMPLY WITH ALL PROPOSAL TERMS

Failure to comply with all terms, specifications, requirements, conditions and general provisions of this Proposal, to the satisfaction of the Corporation, shall be just cause for the cancellation of the contract award. The Corporation shall then have the right to award this contract to any other Bidder or to re-issue the Proposal. The Corporation shall assess against the defaulting Bidder any damages whatsoever as a result of failure to comply.

25. TERMINATION

The Vendor agrees that where, in the opinion of the Corporation, the Vendor fails to satisfactorily deliver any of the Vendor’s obligations under this agreement, and the Corporation may at their own discretion, give written notice to the Vendor, terminating the agreement.

The Vendor agrees that the Corporation may without liability terminate this entire agreement at any time on one (1) day written notice to the Vendor as a result of changes in the Corporation’s requirements, or changes in the availability of funds.

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26. PERFORMANCE EVALUATION

The Successful Bidder agrees that the results of a performance evaluation (see SCHEDULE “B”) will be considered for any future awards, and will have a direct impact and influence in the selection of Successful Bidders on future awards. The Corporation reserves the right to remove from its list of Bidders, for a period of 3 years for documented poor performance.

Documented poor performance may result in disqualification of the Bidder’s submission for this Proposal.

27. FAILURE TO COMPLETE THE AGREEMENT

In the event that the Vendor fails to carry out the terms and requirements of the service in a manner satisfactory to the Corporation, The Corporation, in its sole and absolute discretion, shall have the right to terminate the said agreement at any time, upon written notice to the Vendor. The Vendor shall not be entitled to any damages whatsoever by reason of the termination of the agreement as aforementioned, nor shall the Vendor be entitled to make any claim under the said agreement. If this agreement is so terminated, the Corporation reserves the right to declare the Vendor ineligible to bid on any Municipal requirements for a 36 month period following default.

In cases of default by the Successful Bidder, the Corporation may take such action as it deems appropriate, including the procurement of the articles or services from other sources and holding the Successful Bidder responsible for any excess costs occasioned or incurred thereby.

28. BASIS OF PAYMENT

The normal payment terms offered by the Corporation is net 30 days. Payment terms shall only be modified at the sole discretion of the Corporation to take advantage of discounts for prompt payment or for other terms that shall be deemed to be in the best interests of the Corporation. The Bidder agrees that the Corporation shall be entitled to the discount stated herein if payment of invoices for the goods specified or called for in or under this Proposal, is made within the period specified herein after receipt and acceptance of such goods or services by the Corporation.

Unless otherwise indicated herein, invoices are payable in Canadian Funds at the Town of Kirkland Lake, Canada, and includes Harmonized Sales Tax or any other applicable taxes. Payment shall include all equipment and labour costs and further F.O.B. delivered to the Corporation’s Public Works Location as described within. The Corporation makes no allowance for an increase of individual or total prices offered for the duration of this agreement.

Should an additional tax or duty or any variation in any tax or duty, become directly applicable to goods, materials, articles or equipment, specified or called for in this Proposal, subsequent to its submission by the Bidder and before the delivery of the goods, materials, articles or equipment

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pursuant to an official order issued by the Corporation the appropriate increase or decrease in the price of such goods, material, articles or equipment, shall be made to compensate for such changes as of the effective date thereof.

29. GOODS, MATERIALS AND EQUIPMENT SUITABLE FOR USE

The Bidder warrants that any goods, materials, articles or equipment to be supplied under or pursuant to any official order or contract based on this Proposal, that is or are to be made or used for a particular purpose, will be fit and suitable for that purpose.

30. PROPOSAL PREPARATION COSTS

The Corporation shall not be responsible for the costs incurred by any Bidder to prepare and submit a Proposal or any subsequent documents relating to a Proposal.

31. NOTIFICATION TO BIDDERS

Any notice that the Corporation may be required or desired to give to the Bidder shall for all purposes be deemed to have been sufficiently and properly given if forwarded by registered mail, courier or fax and addressed to the Bidder at the address shown for the Bidder on his submission, and shall irrefutably be presumed to have been received by the Bidder on the third day following such delivery of notice.

32. INFLUENCE

No person, company, corporation or organization shall attempt in any way, either in private or in public, to influence the outcome of any Corporation purchasing or disposal process. The Bid, Proposal or Proposal of any person, company, corporation or organization that does attempt to influence the outcome of any Corporation purchasing or disposal process will be disqualified, and the person, company, corporation or organization may be subject to exclusion or suspension.

33. PROTECTION OF THE CORPORATION

The Successful Bidder shall at all times well and truly save, defend, keep harmless and fully indemnify the Corporation and its servants, employees and agents, from and against all actions, suits, claims, demands, loss, costs, charges, damages and expense, brought or made against or incurred by the Corporation, its servants, employees or agents, in any way relating to goods, materials, articles or equipment, supplied pursuant to this Proposal.

Bidders expressly waive any and all rights to make any claim against the Corporation for any matter arising from the Corporation exercising its rights as stated in these General Terms and Conditions.

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34. GUARANTEE PERIOD

The Vendor hereby covenants and agrees to supply the requirements in accordance with the specifications under which this Agreement is awarded.

To save the Corporation, its agents, or employees harmless from liability of any kind for the use of any method, composition, secret process, invention, materials, article or appliance furnished or used in the performances of the Agreement.

To furnish adequate protection from damage for all goods and to repair damage of any kind for which he or his workers are responsible, to the surrounding premises or equipment, from his own work.

To pay for and carry all permits, licenses, certificates and fees, and to give all notices and comply with all by-laws and regulations of the Corporation, unless otherwise specified.

To carry such insurance as may be required by the Corporation, and to furnish satisfactory proof thereof when required by the Corporation.

35. ADHERENCE TO REQUIREMENTS

The Bidder is requested to adhere strictly to all requirements and complete all sections of this Proposal Request including all appendices and Addendums. Failure to do so may be sufficient cause for rejection of the Bidder’s submission.

36. HARMONIZED SALES TAX

Pricing shall exclude Harmonized Sales Tax or any other applicable taxes but will be considered extra.

37. WITHDRAWAL OF PROPOSALS

Companies will be permitted to withdraw their Proposal, unopened after it has been deposited, if such a request is received by the Municipal Clerk or her designate in writing, prior to the time specified for the closing of Proposals.

38. UNENFORCEABLE PROVISIONS

Should any provision of this document be deemed unenforceable by a court of law, all other provisions shall remain in effect.

39. FORCE MAJEURE

It is understood and agreed that the Vendor shall not be held liable for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public

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enemies, strikes, fires, floods, acts of God, or for any other cause not within the control of the Provider and which by the exercise of reasonable diligence, the Provider is unable to prevent.

Should the performance of any contract be delayed or prevented herein set forth, the Provider agrees to give immediate written notice and explanation of the cause and probable duration of any such delay and to provide written notice as to when Contract obligations resume. In any case, such delay shall not exceed the length of time of the interruption/disruption.

40. CONFLICT RESOLUTION

This Agreement is based upon mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, both parties, with a commitment to honesty and integrity, agree to the following:

• That each will function within the laws and statutes that apply to its duties and responsibilities; that each will assist in the other’s performance; that each will avoid hindering the other’s performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of the contract.

• All Parties to this Agreement shall attempt to resolve all claims, disputes and other matters in question arising out of or relating to this Agreement or breach thereof first through negotiations between the Vendor or representative and the Member or representative by means of discussions built around mutual understanding and respect.

• Failing resolution by negotiations, all claims, disputes and other matters in question shall attempt to be resolved through mediation, under the guidance of a qualified mediator.

• Failing resolution by mediation, all claims, disputes and other matters in question shall be referred to arbitration.

• No person shall be appointed to act as mediator or arbitrator who is in any way interested, financially or otherwise, in the conduct of the work on the Project or in the business or other affairs of either the Corporation or the Vendor.

• The Award of the arbitrator shall be final and binding upon the parties.

• The provisions of the Arbitration Act, 1991 S.O. 1991, Chapter 17 shall apply.

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SPECIFICATIONS

1. GENERAL DESCRIPTION

The Corporation of the Town of Kirkland Lake, hereinafter referred to as the “Corporation”, invites Proposals from qualified Vendors for the supply and delivery of 1 only “used” medium/heavy duty, rescue vehicle for immediate service implementation within the Corporation’s Fire Department Fleet. For the convenience of the Vendor, The Corporation’s estimated budget allowance for this unit is seventy five thousand (75,000) CDN, all inclusive, including taxes and delivery. In order to conserve valuable time and resources the Bidder should restrict offers to the approximate vicinity of this amount. It is the intent of the Corporation to stay within budget however the Corporation reserves the right to choose any offer which is most beneficial to the taxpayer regardless of price. The lowest or any submission will not necessarily be accepted.

2. WARRANTY

The Vendor shall clearly indicate in writing, any offer of power train/ body warranty for the vehicle, to the maximum extent possible. The Vendor shall declare the length of warranty terms, if any, within the form of Proposal. The Vendor shall further declare any available warranty terms specifically for any components, fire related accessories considered to be attached and provided with the vehicle.

3. INSURANCE

The Vendor shall provide proof of motor vehicle liability insurance having limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property. The responsibility of insurance does not transfer until acceptance of the vehicle.

4. DELIVERY INFORMATION

4.1 The lump sum price quoted in this Proposal cover the goods, materials, fuels, insurance, articles or equipment, referred to herein, being delivered F.O.B. destination as specified within, freight, express, duty, P.D.I. Inspection, Safety Certificate and all other charges which should be known, shall be prepaid and included in the Vendors quoted price.

4.2 The unit and any accessories delivered under this request for bids shall remain the property of the seller until a physical inspection and actual usage of this unit and any accessories provided is made at delivery and thereafter accepted to the satisfaction of the Corporation and must comply with the terms herein and be fully in accord with the specifications and of the highest quality.

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4.3 The Delivery shall be achieved through the use of a temporary permit. It shall be the Corporation’s responsibility to license the vehicle upon acceptance.

5. PROPOSAL EVALUATION CRITERIA

5.1 An evaluation team consisting of Corporate staff will conduct the evaluation of Proposals.

5.2 The Corporation reserves the right in its evaluation of the Proposal to consider all pertinent criteria whether or not such criteria are contained in the Request for Proposals.

PROPOSAL EVALUATION CRITERIA MAXIMUM TOTAL POINTS

Price Total Overall price. Consideration is based on respective Council’s direction, budget and the greatest benefit to the taxpayer. Total Overall Price shall include all P.D.I., pre-delivery, certification, delivery and any other costs which should be known. The Corporation shall make no allowance for extra costs not mentioned within, nor above quoted price.

35 %

Specifications/ Deliverables

Must meet or exceed all Essential specifications as well as endeavor to provide Desirables stated within.

35%

Warranty

The offer of any warranty’s either to drive line, body, accessories or equipment mounted on the unit.

15%

Value Added

The added value of any fire related, emergency vehicle accessories, systems, components deemed to be in working order, such as but not limited to air system, air pump, water pump, shelving, operator’s station etc.

10%

Time is of the essence

Delivery. Vendors shall state a written timeline for delivery of unit on page 25 (Page 5 of 8 to be submitted).

5%

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6. INSPECTION BY THE CORPORATION

6.1 The unit provided and all goods, materials, articles or equipment supplied pursuant to this condition shall be subject to inspection by the Corporation at the point of unloading. The Unit shall be delivered to the Corporation’s Public Works garage located at 1 Dunfield Road, Kirkland Lake, On P2N 3P4 where the Corporation’s mechanical staff, in unison with Fire Department staff will inspect the unit, its undercarriage and all accessories said to be in working order.

6.2 In the event the material and/or service supplied to the Corporation is found to be defective or does not conform to specifications, the Corporation reserves the right to cancel the order upon written notice to the seller and return the product to the seller at the seller's expense.

6.3 The Bidder agrees that the goods, materials, articles, equipment specified or called for in or under this Proposal, will be delivered within the period set out herein as the guaranteed period of delivery or completion after receipt of an official order therefore.

7. PHOTOS

The Vendor shall with each and every separate offer, attach no more than four (4) photos and/ or provide website links to the actual unit being offered.

8. ON SITE VISIT PRIOR TO DELIVERY

The Corporation reserves the right, should it so choose, to visit and visually inspect the unit being offered prior to delivery of the unit.

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FORM OF PROPOSAL

Essential requirements are identified by the word "shall" and also by the letter "(E)" before the start of each requirement. A Proposal that does not meet any one essential requirement shall be considered non-compliant during evaluation and receive no further consideration;

Desirable requirements are identified by the word "should" and also by the letter "(D)" before the start of each requirement. Proposals shall address as many desirable requirements as possible in order to maximize their total score during the technical evaluation;

Most essential requirements require the Vendors to answer with Yes or No to demonstrate that the requirement is met. A few essential requirements require the Vendors to specify by providing supporting documents. Missing supporting documents will make the proposal non-compliant. The following list is provided to the Vendor as a simple checklist to validate the minimum essential supporting documentation required in its Proposal. However, the RFP specification shall take precedence over this list.

Should a Vendor be offering one or more vehicular options. Note: Each individual and separate option being offered by a Vendor requires its own and separate Form of Proposal. The Vendor shall clearly identify, keep separate and submit individual submissions for each consideration. The Vendor shall duplicate this form of Proposal submission portion if required. The Corporation assumes no liability for the omission or displacement of vendor’s individual submission(s).

ITEM SPECIFICATION YES NO IF “NO” INDICATE ALTERNATIVE

1 E Chassis shall be considered as 450 (medium) - 650 (heavy) duty series cutaway or equivalent. (State)

2 E Shall be 4 wheel drive capability at minimum

3 E Shall be Diesel engine (state size)

4 E Shall be Automatic Transmission

5 E Kilometres on vehicles (state)

6 E Shall have Air conditioning

7 E Shall have Power Steering

8 E Shall have ABS Braking system

This is Page 1 of 8 to be submitted

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10 E Shall be 4 door, crew cab capability or equivalent

11 E Shall have Rear bench seat

12 E Shall have been manufactured or modified specifically for use in an emergency Fire Department emergency rescue vehicle.

13 E Specifications of vehicle offered GVWR Weight: (state)

Exterior Height: includes any attachments, i.e.: lights etc. (state)

Width: (state)

Wheel base: (state)

Overall vehicle length: includes all attachments, accessories augmenting the vehicle’s length, i.e.: bumper crash bars, rear step bumper etc. (state)

14 E Shall have rear mounted aluminum work cab, cabinets, exterior cabinet access doors, Please describe original manufacturer’s purpose for such cab. (State)

15 E Shall have H.D. Alternator

16 E Shall have H.D. Heater, driver’s heater and defroster

17 E Shall have H.D. Springs and Shocks

18 E Shall have auxiliary back up alarm installed as per regulations.

19 E Service schedule followed (state)

20 E Date of last scheduled service performed (state)


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21 E Shall be “certified” and shall have valid “certified inspection sticker” executed by licensed motor vehicle inspection station as licensed by the M.T.O.

22 D Walk in box design

23 D Walk around box design

24 D Should be red in colour for Fire Department Purposes.

25 D Full roof mount, emergency lighting (L.E.D. strobe) applicable to Ontario standards.

26 D Should be void of any stickers, emblems or previous identifying owner’s insignia.

27 D Should have warning siren

28 D Tilt Steering

29 D Shall have Power Windows

30 D Shall have Power locks

31 D Auxiliary Transmission Cooler

32 D Should have all applicable and associated manuals including service and parts manuals and/or publications associated to vehicle, sub systems, accessories or implements on the vehicle.

33 D The Vendor shall identify in writing any /all specialized tools and support equipment identified for the proper operation of the vehicle or its accessory support systems. This should include any hoist tooling, saddle, towing, diagnostic equipment, computer and software applications.


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Each FORM OF PROPOSAL should contain the legal name under which the Bidder carries on business, telephone number and fax number, as well the name or names of appropriate contact personnel which the Corporation may consult regarding the Proposal.

I/We, the undersigned, have carefully examined the attached documents and conditions of the Proposal. I/We understand and accept those specifications, conditions, and details as described herein, and, for these rates/prices offer to furnish all equipment, labour, apparatus and documentation as are required to satisfy this Proposal.

NOTE: All portions of “Form of Proposal” must be accurately and completely filled out.

I/We, the undersigned hereby offer the following unit described as emergency rescue unit: including year, make and model as well as any model of box or apparatus attached and deemed to come with the vehicle. F.O.B. Delivered to 1 Dunfield Road, Kirkland Lake, On

YEAR MAKE MODEL Km’s LUMP SUM TOTAL

Please describe, (Please add extra sheets if required), (Photos attached)

SUB TOTAL

H.S.T.

TOTAL


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I/We _______________________________________ offer to supply the above stated unit for

the corresponding total cost of $ _______________ Tax included.

I/We hold the prices valid for thirty (30) days

I/We will deliver and install the required rescue unit prior to

_______________________________________, 2018

The specifications have been read over and agreed to this _____ day of ______________2018

Company Name Contact name (please print)

Mailing Address Title

Postal Code Authorizing signature

“I have the authority to bind the company/corporation/partnership.”

Telephone

Fax

Cell Phone if possible Email


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Non-Collusion Affidavit

I/ We ______________________________________ the undersigned am fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Bid.

Such Bid is genuine and is not a collusive or sham Bid.

Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties of interest, including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly with any other Bidder, firm or person to submit a collective or sham Bid in connection with the work for which the attached Bid has been submitted nor has it in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Corporation of Temiskaming Shores or any person interested in the proposed Bid.

The price or prices quoted in the attached Bid are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

The Bid, Proposal or Proposal of any person, company, corporation or organization that does attempt to influence the outcome of any Corporation purchasing or disposal process will be disqualified, and the person, company, corporation or organization may be subject to exclusion or suspension.

Dated at ___________________ this ______day of ____________________, 2018

Signed ________________________________________

Company Name ________________________________________

Title _________________________________________


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Conflict of Interest Declaration

Please check appropriate response:

I/we hereby confirm that there is not nor was there any actual or perceived conflict of interest in our Proposal submission or performing/providing the Goods/Services required by the Agreement.

The following is a list of situations, each of which may be a conflict of interest, or appears as potentially a conflict of interest in our Company’s Proposal submission or the contractual obligations under the Agreement.

List Situations:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

In making this Proposal submission, our Company has / has no (strike out inapplicable portion) knowledge of or the ability to avail ourselves of confidential information of the Corporation (other than confidential information which may have been disclosed by the Corporation in the normal course of the Proposal process) and the confidential information was relevant to the Work/Services, their pricing or Proposal evaluation process.

Dated at __________________________ this _______day of _______________, 2018.

Firm Name________________________________________________________

Bidder’s Authorization Official________________________________________________________

Title ________________________________________________________

Signature ________________________________________________________


Page 27 of 31



Accessibility for Ontarians with Disabilities Act, 2005 Compliance Agreement

I/We, by our signature below, certify that we are in full compliance with Section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service made under the Accessibility for Ontarians with Disabilities Act, 2005. If requested, we are able to provide written proof that all employees have been trained as required under the act.

This regulation establishes accessibility standards for customer service as it applies to every designated public sector organization and to every person or organization that provides goods or services to members of the public or other third parties and that have at least one employee in Ontario.

Name _________________________________Company Name

Phone Number Address

I,_______________________________, declare that I, or my company, are in full compliance with

Section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service under the Accessibility for Ontarians with Disabilities Act, 2005.

I,_______________________________, declare that I, or my company, are not in full compliance

with Section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service under the Accessibility for Ontarians with Disabilities Act, 2005, yet fully agree to meet the required compliance training standards on or before the delivery of the required goods and/or services. In an effort to assist non-compliant vendors, a link to a free e-learning course module called Serve-Ability, Transforming Ontario’s Customer Service is available at www.gov.on.ca/mcss/serve - ability/splash.html.

Date:_______________


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Schedule “A” – Mailing Label (to be used)

PLEASE FIRMLY AFFIX THIS LABEL TO YOUR SUBMISSION ENVELOPE FOR PROPER PROPOSAL IDENTIFICATION.

Page 29 of 31

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Schedule “B” - Performance Evaluation (for Corporation Use only)Vendor’s Name Telephone

Address Postal Code

Vendor’s Representative

Contract Description; RFQ-521-18, Supply 1 only “Used” Rescue Unit Vehicle

Awarded Contract Value Actual Contract Value

Cost Centre District/Region/Branch Corporation Contact Person;Gary Wadge

Division;

PlanningScheduled Start;

Upon notification

Actual Start; Scheduled Completion;

Actual Completion

Performance Rating

O-Outstanding G-Good F-Fair P-Poor Rate Comments

1. Quality of Work Performed

2. Ability of Employees used for work

3. Scheduling and Coordination

4. Availability of Equipment and Employees

5. Equipment/Procurement & Delivery

6. Condition and Suitability of Equipment

7. Cooperation of Municipality and Employees

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8. Cooperation with outside Agencies

9. Conformity to Pertinent Acts and Regulations

10. Safety (Overall)

11. Quality of Supervision

12. General Housekeeping

13. Responses to Unplanned Changes

14. Other (Specify)

Causes for Delays (if any)

Liquidated Damages (itemize)

*

Future Recommendations: Provider recommended for future work

Yes No (explain)

Comments:

Department Director Date

Title Project Coordinator

Company Representative

* To be completed after service period

Page 31 of 31

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