REQUEST FOR QUOTATIONS
Title:
One [or more] Ice Resurfacing Machine
Reference No.:
1220-40-27-08
FOR THE SUPPLY OF GOODS
V. March 18, 2008
TABLE OF CONTENTS
1. INTRODUCTION ............................................................................................................................01
2. ADDRESS FOR DELIVERY ...........................................................................................................01
3. DATE ..............................................................................................................................................01
4. INQUIRIES .....................................................................................................................................01
5. ADDENDA ......................................................................................................................................01
6. DURATION OF QUOTATION ........................................................................................................02
7. NO CONTRACT .............................................................................................................................02
8. ACCEPTANCE ...............................................................................................................................02
9. CONTRACTOR’S EXPENSES .......................................................................................................02
10. CONTRACTOR’S QUALIFICATIONS ............................................................................................02
11. CONFLICT OF INTEREST .............................................................................................................02
12. SOLICITATION OF COUNCIL MEMBERS AND CITY STAFF ......................................................02
13. CONFIDENTIALITY ........................................................................................................................03
14. SIGNATURE ...................................................................................................................................03
SCHEDULE A – SPECIFICATIONS .....................................................................................................04
SCHEDULE B – GENERAL TERMS AND CONDITIONS ....................................................................11
SCHEDULE C – FORM OF QUOTATION ............................................................................................16
ii
REQUEST FOR QUOTATIONS
1.
INTRODUCTION
The City of Surrey (the “City”) invites contractors to provide a quotation on the form
attached as Schedule C (the "Quotation") for the supply of the goods described in
Schedule A (the "Goods"). The description of the Goods sets out the minimum
requirements of the City. A person that submits a Quotation (the "Contractor") should
prepare a Quotation that meets the minimum requirements, and may as it may choose,
in addition, also include goods or terms that exceed the minimum requirements.
2.
ADDRESS FOR DELIVERY
The Quotation should be submitted to the City at the office of:
City of Surrey
Purchasing Section
6645 – 148th Street
Surrey, British Columbia V3S 3C7 CANADA
Fax No.: 604-599-0956
CONFIDENTIAL – DO NOT OPEN
Faxed Quotations are permitted, but a Contractor bears all risk that the City's fax
equipment functions properly so that the City receives the Quotation.
3.
DATE
The City would prefer to receive Quotations on or before the 7th day of April, 2008. The
City's office hours are 8:30 a.m. to 4:00 p.m., Monday to Friday, except statutory
holidays.
4.
INQUIRIES
All inquiries related to this Request for Quotation ("RFQ") should be directed in writing
to:
Violet McGregor, CMA, C.P.P.
Manager, Purchasing & Payments
5.
at Address:
6645-148th Street,
Surrey, BC
V3S 3C7
Fax:
Telephone:
Email:
604-599-0956
604-590-7274
purchasing@surrey.ca
ADDENDA
If the City determines that an amendment is required to this RFQ, the City will post a
written addendum on the City website at www.surrey.ca (the "City Website") and upon
posting will be deemed to form part of this RFQ. Upon submitting a Quotation,
Contractors will be deemed to have received notice of all addenda that are posted on the
City Website.
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6.
DURATION OF QUOTATION
The Quotation will be open for acceptance by the City until:
(a)
(b)
7.
the date specified in this RFQ or in a Quotation; or
as described in a subsequent written notice which the Contractor may send to the
City.
NO CONTRACT
This RFQ is simply an invitation for quotations (including prices and terms) for the
convenience of all parties. It is not a tender and no obligations of any kind will arise from
this RFQ or the submission of Quotations. The City may negotiate changes to any terms
of a Quotation, including terms in Schedules A and B and including prices, and may
negotiate with one or more Contractors or may at any time invite or permit the submission
of quotations (including prices and terms) from other parties who have not submitted
Quotations.
8.
ACCEPTANCE
A Quotation will be an offer to the City which, subject to Section 6, the City may accept
at any time by signing the copy of the Quotation and delivering it to the Contractor. A
Quotation is not accepted by the City unless and until both the Authorized Signatory and
the Purchasing Representative have signed on behalf of the City. Delivery of the signed
Quotation by the City may be by fax. In that event, the contract will be comprised of the
documents included in the definition of Agreement in Schedule B – General Terms and
Conditions.
9.
CONTRACTOR'S EXPENSES
Contractors are solely responsible for their own expenses in preparing and submitting
Quotations, and for any meetings, negotiations or discussions with the City or its
representatives and consultants, relating to or arising from the RFQ. The City will not be
liable to any Contractor for any claims, whether for costs, expenses, losses or damages,
or loss of anticipated profits, incurred by the Contractor in preparing and submitting a
Quotation, or participating in negotiations for a contract, or other activity related to or
arising out of this RFQ.
10.
CONTRACTOR'S QUALIFICATIONS
By submitting a Quotation, a Contractor represents that it has the expertise,
qualifications, resources, and relevant experience to supply the Goods and Services.
11.
CONFLICT OF INTEREST
A Contractor must disclose in its Quotation any actual or potential conflicts of interest
and existing business relationships it may have with the City, its elected or appointed
officials or employees. The City may rely on such disclosure.
12.
SOLICITATION OF COUNCIL MEMBERS AND CITY STAFF
Contractors and their agents will not contact any member of the City Council or City staff
with respect to this RFQ, other than the contact person named in Section 2, at any time
prior to the award of a contract or the cancellation of this RFQ.
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13.
CONFIDENTIALITY
All Quotations become the property of the City and will not be returned to the Contractor.
All Quotations will be held in confidence by the City unless otherwise required by law.
Contractors should be aware the City is a "public body" defined by and subject to the
Freedom of Information and Protection of Privacy Act of British Columbia.
14.
SIGNATURE
The legal name of the person or firm submitting the Quotation should be inserted in the
Quotation. The Quotation should be signed by a person authorized to sign on behalf of
the Contractor and include the following:
(a)
If the Contractor is a corporation then the full name of the corporation should be
included, together with the names of authorized signatories. The Quotation
should be executed by all of the authorized signatories or by one or more of them
provided that a copy of the corporate resolution authorizing those persons to
execute the Quotation on behalf of the corporation is submitted;
(b)
If the Contractor is a partnership or joint venture then the name of the partnership
or joint venture and the name of each partner or joint venturer should be
included, and each partner or joint venturer should sign personally (or, if one or
more person(s) have signing authority for the partnership or joint venture, the
partnership or joint venture should provide evidence to the satisfaction of the City
that the person(s) signing have signing authority for the partnership or joint
venture). If a partner or joint venturer is a corporation then such corporation
should sign as indicated in subsection (a) above; or
(c)
If the Contractor is an individual, including a sole proprietorship, the name of the
individual should be included.
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SCHEDULE A – SPECIFICATIONS
PART 1
GENERAL SPECIFICATIONS & REQUIREMENTS
1.
General
1.1
The unit(s) proposed shall be new, manufacturer’s latest make and model in current production
as offered to commercial trade and shall be furnished complete with all factory-installed standard
equipment and accessories listed in the manufacturer’s latest literature for the respective unit and
any additional equipment as may be defined in the Technical Specifications.
1.2
Throughout these specifications, compatibility is of the essence and any modification, accessory,
device, material or type of construction, whether to existing or to the specified equipment, which
may be necessary to incorporate the specified equipment into the existing equipment shall be
considered to be a part of these specifications whether detailed by item or not.
1.3
Workmanship shall be the best quality, executed by workers experienced and skilled in the
respective duties.
2.
References
2.1
All references to codes, standards and general and technical Specifications referred to in the
Specifications or used on drawings shall mean and intend to be the currently adopted edition,
amendment and revision of such reference standards in effect at the time of RFP Closing.
2.2
Referenced standards and code requirements shall be considered minimum requirements.
2.3
Applicable portions of standards used that are not in conflict with the Contract Documents are
hereby made a part of the Specifications.
2.4
Modifications or exceptions to standards shall be considered as amendments, and unmodified
portions shall remain in full effect.
2.5
In cases of discrepancies between the Specifications and standards, the requirements of the
Specifications shall govern.
2.6
Where references to codes or standards are used in these Specifications, the Contractor must
familiarize himself with the applicable portions and shall be governed by them.
2.7
If requested, the Contractor shall furnish an affidavit from manufacturers certifying that materials
or products delivered meet the requirements specified. However, such certifications shall not
relieve the Contractor from the responsibility of complying with any added requirements specified
in the Contract Documents.
3.
Designation Explanation
3.1
The Ice Resurfacing Machine shall comply with all Canadian Motor Vehicle Safety Standards
[CMVSS] and Province of British Columbia Motor Vehicle Act relating to commercial vehicles as
well as to vehicles used for ice resurfacing at time of contract signing. The specifications for the
design, construction and performance of the machines shall meet the requirements of the
Workers’ Compensation Board [WCB] for the Province of British Columbia.
3.2
The delivered Ice Resurfacing Machine shall have a certified Province of British Columbia
G.V.W.R. weight sticker applied to the machine on delivery to ensure the machine meets all laws
pertaining to the weight carrying capacity of the vehicle.
3.3
All items listed in the specifications are to be considered mandatory except work and equipment
listed as optional. Any Contractor must agree to price and perform all work and provide all
equipment listed in the specification. It is understood that the City may select or delete items
listed as options as necessary when accepting a Quotation.
3.4
Whether specifically mentioned herein or not, all parts necessary to provide complete and
efficient Ice Resurfacing Machine shall be furnished. Such parts shall conform to the best current
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engineering practices of the industry relative to design, structure, quality of materials and
workmanship.
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Product Specifications/Data
4.1
Manufacturer’s specifications, schematic drawings, catalogue sheet(s), diagrams, schedules,
performance charts, illustrations and other standard descriptive data are to be included.
4.2
Contractor to submit a minimum of three (3) complete sets of the catalogue information,
descriptive literature, specifications and/or engineering drawings that completely identify the items
proposed. Contractor shall furnish additional information within Ten (10) days after the receipt of
the City’s written request. Failure to furnish the requested technical data in the time limit
specified may be cause for rejection of Quotation.
5.
Specified Equipment, or Equivalent
5.1
Wherever in the specifications any materials or processes are indicated or specified by patent of
proprietary name and/or by name of manufacturer, such specifications shall be deemed to be
used for the purpose of facilitating descriptions of the performance, materials and/or processes
desired and shall be deemed to be followed by the words, “or equivalent”, if not so stated in the
specifications herein.
5.2
The burden of proof shall rest with the Contractor, to prove that the proposed item(s) are
equivalent to the performance, materials, processes, or articles specified. Determination as to
whether the item(s) is/are equivalent to those as specified shall rest solely with the Evaluation
Team.
6.
General Construction and Design
6.1
All work shall be carried out in a professional workmanlike manner.
6.2
The machines and all major components shall be manufactured in North America.
6.3
All oil, hydraulic and air tubing lines and electrical wiring shall be located in protective positions
properly attached to the frame or body structure and shall have protective loom or grommets at
each point where they pass through structural members, except where a through-frame
connector is necessary.
6.4
Parts and components should be located or positioned for rapid and simple inspection and
recognition of excessive wear or potential failure. Whenever functional layout of operating
components determines that physical or visual interface between items cannot be avoided, the
item predicted to require the most maintenance shall be located for best accessibility.
6.5
Cover plates, which must be removed for component adjustment or part removal, should be
equipped with quick-disconnect fastenings or hinged panels.
6.6
Drains, filler plugs, grease fittings, hydraulic lines, bleeders and check points for all components
should be located so that they are readily accessible and do not require special tools for proper
servicing. Design practices should minimize the number of tools required for maintenance.
6.7
Exceptions will not be accepted or permitted since all raw materials of specified type are available
to all manufacturers. Since all Ice Resurfacing Machine manufacturers have the ability to shear,
brake and weld, all basic design requirements shall be complied with.
6.8
Materials shall conform to the specifications listed herein. When not specifically listed, materials
shall be of the best quality for purpose of commercial practice. Materials shall be free of all
defects and imperfections that might affect the serviceability of finished product.
6.9
All nameplates and instruction plates shall be metal with the information engraved, stamped, or
etched thereon.
6.10
Name plates shall show make, model, serial numbers, or other such data necessary to positively
identify the item and all fluid types and levels for vehicle. All plates shall be mounted in a
conspicuous place with stainless steel screws and bolts.
6.11
The manufacturing process, including quality control, shall be consistent with present industry
standards. All equipment, materials and articles required under this specification are to be new or
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fabricated from new materials produced from recovered materials. The term “Heavy Duty”, as
used to describe an item, shall mean in excess of the standard, quantity, quality, or capacity and
represents the best, most durable, strongest, etc., part, component, system, etc., that is currently
available. The City shall be the sole judge of quality, construction and stability of the equipment
being offered.
6.12
Defective components shall not be furnished. Parts, equipment and assemblies, which have
been repaired or modified to overcome deficiencies, shall not be furnished without the approval of
the City. Welded, bolted, and riveted construction utilized shall be in accordance with the highest
standards of the industry. Certified welders shall perform all welding. Component parts and
units shall be manufactured to definite standard dimensions with proper fit, clearances, and
uniformity. General appearance of the machine shall not show any evidence of poor quality of
work.
7.
Delivery
7.1
The Ice Resurfacing Machine specified herein, shall be delivered Prepaid F.O.B. Surrey, British
Columbia, with all charges prepaid to the actual point of delivery, between the hours of 8:00 a.m.
to 4:00 p.m., Monday through Friday. If available for delivery prior to the 1 st. week of August,
2008 ship to Surrey Works Yard, 6645 – 148 Street, Surrey, BC V3S 3C7. If later, deliver to
Surrey Sports And Leisure Complex 16555 Fraser Highway, Surrey, BC V4N 0E9.
7.2
The Contractor shall notify the City not less than five (5) days prior to expected delivery/arrival to
permit final inspection scheduling. An authorized representative of the Contractor shall supervise
delivery to the City. The City will not assume any liability for equipment delivered to an
unauthorized location.
8.
Documentation at time of Delivery
8.1
The Contractor shall provide the following documentation upon delivery:
.1 All keys [two (2) full sets], parts and service manuals are to be delivered with the vehicle;
.2 Manufacturer’s Certificate of Origin; and
.3 Warranty document(s) and/or certifications as may be required in the Specifications.
9.
Trial Period
9.1
The City for the purpose of ensuring the machine performs to the desired requirements will
require the Contractor to operate for a period of fourteen (14) days at the City’s site. Any defects
or non-performance must be rectified immediately at the Contractor’s expense.
10.
Final Inspection/Acceptance
10.1
Prior to acceptance the City Representative, or designate will carefully inspect the machine and
ensure it is complete, that major and minor construction deficiencies are complete, defects are
corrected and the equipment is clean and shall be complete with all equipment operable. The
checklist developed during the preliminary inspection at the manufacturer’s site will be used to
verify that all items identified a deficient/defective/unacceptable were corrected/replaced. Each
machine shall be inspected by the City to determine its compliance with the specifications and/or
to test its ability to perform its intended use.
11.
Warranty Information
• Frame Lifetime
• Cab
• Engine
• Transmission
• Axle
• Paint
• Structural
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• Parts and Labour Warranty
11.1
The manufacturer shall provide a full statement of the warranty provided for the equipment. This
warranty should clearly describe the terms under which the machine's manufacturer or subcontractors of the manufacturer accept responsibility for the cost to repair defects caused by
faulty design, quality of work or material and for the applicable period of time after delivery.
11.2
Cost means all costs related thereto including, but not limited to, cost of labour, and material.
11.3
The manufacturer shall warrant all material and accessories used in the machine, whether made
by the contractor or purchased from an outside source and will deal directly with the City on all
warranty work.
11.4
Warranty shall commence when the City places the vehicle into service.
11.5
The entire vehicle, and equipment shall be warranted, including parts and labour for a period of at
least one (1) year commencing upon the placing of the unit in service by the City (except that
warranty, batteries, electrical lamps, and other devices subject to deterioration is limited to the
warranty of the manufacturer thereof and adjustments for same are to be made directly with the
manufacturer). Extended warranties on the engine, transmission, or other major components
shall be detailed by Contractor in Quotation.
11.6
This warranty shall not apply to those items, which are usually considered normal maintenance
and repair; including but not limited to normal lubrication or proper adjustment of main functional
operating components. All manufacturers’ warranties (labour, apparatus, equipment, and
materials) shall be furnished and indicated in the manufacturer's bid. Any standard warranties,
including, but not limited to engine, transmission, tires and axles furnished by the original
equipment manufacturer (OEM) or the prime contractor will be passed on to the City. Also
include any available extended warranties that will start after the initial warranty period. Goods or
property shall be as represented by these specifications as well as additional agreements as a
result of discussions regarding these specifications and shall be as promised with implied liability
on the manufacturer.
11.7
The Contractor to submit their own printed manufacturer warranty forms in exact compliance to
the above minimum standards, without exceptions. All warranties shall be submitted and certified
by various manufacturers, (warranties by sales representatives, manufacturer's representatives
or other agencies shall not be acceptable).
12.
Manuals
12.1
To ensure the City a source of service and parts over the anticipated life of the machine, the
Contractor shall have established their permanency in the industry and include in the Quotation a
description of their full time local service centre abilities and facilities.
12.2
The local service centre, the body and chassis manufacturer must stock a complete line of all
parts for this machine. Location of manufacturing plant and nearest service facility to be included
in an accompanying letter.
13.
In-Service Training
13.1
The Contractor will provide the following training to City of Surrey personnel:
13.2
Equipment operators will be trained in the operation of all chassis and body functions, including
operator preventive maintenance; technicians will be trained in all operator functions, in-depth
troubleshooting for all major chassis and body systems, engine tune-up procedures, transmission
maintenance and repair, and chassis and body maintenance and repair.
13.3
The trainer shall be factory-trained and thoroughly knowledgeable in subjects to be taught,
including but not limited to subjects as outlined above.
13.4
Refresher training will be accomplished annually. Periodic training on machine systems and
components will be provided as requested by the City of Surrey.
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14.
Performance Test(s)
14.1
A performance test will be required to demonstrate that certain performance specifications can be
met. This test will be carried out by City staff and equipment operators over a period of five (5)
working days in exacting accordance with the performance capabilities as described in the
documentation and manuals submitted with the quotation. In addition, the City will evaluate and
test the design and validation of structural components, fluid power evaluation and test(s), etc.
Performance test(s) will be conducted at:
Surrey Sport and Leisure Complex – Arenas
#110 – 16555 Fraser Hwy
Surrey, British Columbia, Canada
14.2
The City will not incur any costs for these Performance test(s) excepting always liability arising
out of the independent negligent acts of the City.
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PART II
TECHNICAL SPECIFICATIONS /REQUIREMENTS
1.
GENERAL
Electric and / or Propane powered unit.
Please state:
Type of Drive
Type and Size of Engine
Type – Transmission
Type – Drive Axles
Electric Power:
Please state:
Drive Motors
Battery type
Battery life expectancy
Battery charging requirements.
The general specifications for the Ice Resurfacing Machine are basically for:




2.
Shaving a thin layer of ice with the machine sharp blade,
Shavings are collected into a large bin (snow tank),
Ice is cleaned by jets of water, and
Towel spreads to ensure a smooth sheet of ice.
OTHER DETAILS
Along with standard options, these are a number of items that the City would like to have on a
new machine.
Headlights & taillights
One spare blade
Propane Tanks (as required for propane fueled unit)
One Spare studded tire & wheel
Tool Kit
Hydraulic jack
Standard lights and gauges for fuel, engine temperature, engine oil pressure, oil pressure, &
hydraulic oil filter
Catalytic converter 3-way (as required for propane fueled unit)
Board Brush
Polyethylene Water Tank
Wash Water Transfer
Stainless Steel Water Spreader Pipe
Fire Extinguisher - Refillable
Advertising Racks
3.
PRODUCTS & SERVICES
Contractor to refer to Schedule A and provide:

A narrative that illustrates an understanding of the City’s requirements and Services;

Detailed specifications, and compliance to City’s Specifications;
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
Design and engineering of major structural components, including ease of maintenance of
major components [including dimensions and clearances];

Submit three (3) sets of engineering drawings, with performance charts [characteristics and
capacities], and scans, illustrations and other standard descriptive data;

The Contractor shall include with its Quotation, three (3) detailed shop drawings, one of
which shall be a reproducible transparency if the drawings are larger than 8-1/2” x 11”
showing overall dimensions and configuration of apparatus and arrangement of
compartments and equipment storage.
N.B. The drawings shall clearly indicate to scale, all exterior portions of the proposed
apparatus, controls, lights, railings, gauges, etc. Each Contractor shall make
accurate statements in their specifications as to weight, wheel base, and other
principal dimensions such as overall length, height, width, compartment sizes, etc.
The body manufacturer shall submit all applicable drawings, and calculations to the City with
the Quotation package. Quotations may not be considered unless complete engineering
drawings to the Quotation specifications are submitted with the Quotation package. Failure
to submit factory prepared drawings may result in rejection of the Quotation. The
engineering drawings will allow the City the ability to fully evaluate each Quotation, design,
engineering and drawing quality in comparison to the specifications.

Required engine weight and electrical data 2.

Engine performance computer scans shall be submitted with Quotation.

Computer electrical analysis of "response" and stationary "on scene" modes of electrical
operations and equipment shall be submitted with Quotation.

Wiring and piping diagrams and controls;

Service and warranty data submitted;

Delivery Time;

A description of the standards to be met by the Contractor in providing the Services; and,
The Contractor shall show all dimensions on shop drawings in imperial measurement units.
Where the specifications require shop drawings to bear the seal of a professional Engineer, the
Engineer must be registered in the province/state where the project is located and shall have
expertise in the area of practice reflected by the shop drawings.
The equipment detailed in the specifications is an Ice Resurfacing Machine. This equipment must
comply with all D.O.T. and British Columbia Motor Vehicle Act regulations.
State GVWR:
State Wheelbase:
State Overall Height:
State Overall Length:
4.
Delivery Date:
The delivery date preferred is for the months of August/September, 2008 at the very latest.
Contractors to provide an estimated schedule indicating the delivery date of the Ice Resurfacing
Machine, indicating:

proposed project start date; and

details of proposed deliverables.
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SCHEDULE B
GENERAL TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
1.
In these General Terms and Conditions:
(a)
(b)
(c)
(d)
(e)
2.
"Agreement" has the meaning set out in Section 2;
“City” means the City of Surrey;
“Contractor” means a contractor whose Quotation has been accepted by the City and who
is supplying the Goods under this Agreement;
“Goods” means the equipment or materials that are the subject of this Agreement; and
“Purchase Price” means the price quoted by the Contractor and accepted by the City,
unless otherwise agreed by the parties in writing, and includes all taxes, duties, freight
charges and other charges except PST and GST.
This Agreement may be modified only by express and specific written agreement. In the event of a
conflict between the provisions of any documents listed below, then the documents shall govern
and take precedence in the following order:
(a)
(b)
(c)
(d)
(e)
these General Terms and Conditions;
the specifications set out in Schedule A of the Request for Quotations ("RFQ");
the RFQ;
the Quotation; and
other terms, if any, that are agreed to by the parties in writing.
GOODS
3.
The Contractor will supply the Goods in accordance with this Agreement. The Goods supplied will
meet the specifications set out in Schedule A of the RFQ and as described in the Quotation set out
in Schedule C of the RFQ.
4.
The Contractor will deliver the Goods free and clear of all liens and encumbrances in the manner
and to the destination stipulated. In the event of the Contractor's failure to meet this condition, the
Contractor will, on written notice from the City, forthwith return all monies paid by the City on
account of the Goods and in addition the City may by written notice terminate this Agreement
without liability, and in such event, in addition to the above, the Contractor will be liable for any and
all expenses or losses incurred by the City resulting from such failure.
PURCHASE PRICE
5.
The City will pay the Purchase Price to the Contractor in accordance with this Agreement. The
Purchase Price shall also include without limitation all costs of boxing, packing, crating, and loading
and unloading the Goods at the prescribed destination.
TIME
6.
Time is of the essence.
PAYMENT
7.
Invoices must include the Contractor's name, address and telephone number, the City's purchase
order number, the Contractor's invoice number, the Contractor's GST registration number or an
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8.
9.
indication that it is not applicable if the Contractor is a small trader, the quantity, tax (if any) and the
complete Purchase Price calculations, including extensions and discounts.
The City will pay the invoice, in the amount as the City determines is correct less any deductions for
setoffs or holdbacks permitted by this Agreement including, without limitation, those described in
Sections 10, 11 and 12, within 30 days of the receipt of the invoice, unless the parties have agreed
in writing to other payment terms. The payment by the City of any invoice will not bind the City with
respect to any subsequent payment or final payment and will not mean that the City has accepted
that the Goods are in accordance with the requirements of this Agreement, or that the Contractor is
in any manner released from its obligation to comply with this Agreement.
Unless otherwise provided, all dollar amounts referred to in this Agreement are in lawful money of
Canada.
DEFICIENCIES
10.
The City shall have a reasonable time to inspect and to accept the Goods. The City may reject any
Goods not in accordance with this Agreement, whether due to damage resulting from improper
packing, loading, unloading or otherwise. The City shall notify the Contractor of rejection of the
Goods whereupon the Goods will be held subject to the disposition by the Contractor. Any costs or
expenses incurred by the City as a result of the rejection of the Goods are, immediately upon
written demand by the City, payable by the Contractor, and may be set off against any payments
owing by the City to the Contractor.
11.
The City may hold back from payments otherwise due to the Contractor up to 150% of a reasonable
estimate, as determined by the City, on account of deficient or defective materials. This holdback
may be held, without interest, until replacement Goods are received or such deficiency or defect is
remedied.
DEFAULT AND TERMINATION
12.
In the event the Contractor does not ship the Goods by the shipping date specified in this
Agreement, or does not deliver the Goods by the delivery date specified in this Agreement, or
otherwise fails to comply with the requirements of this Agreement, then:
(a)
the City reserves the right to terminate this Agreement, in whole or in part, and in the event
of such termination no payment will be owing by the City on account of this Agreement and
the Contractor will be liable for any and all expenses or loss resulting from such failure or
delay and will return all monies paid by the City; or
(b)
if the City does not terminate this Agreement for late shipping or delivery, the City may
deduct and setoff from any payments owing to the Contractor all additional costs the City
reasonably incurs on account of the late shipping or delivery.
13.
The City may by written notice at any time cancel this Agreement with respect to Goods which, as
of the date of cancellation, have not been shipped.
14.
If the Contractor becomes insolvent or makes an assignment for the benefit of creditors or a
receiver or trustee is appointed for the property of the Contractor, then the City may, at its election,
and without prejudice to its rights at law or in equity, terminate this Agreement.
15.
The City will not accept nor be responsible for any restocking charges for any Goods shipped to the
City and then, for whatever reason, returned to the Contractor pursuant to this Agreement. The
Contractor is to bear all costs including shipping and handling of returned Goods.
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WARRANTIES AND INDEMNITIES
16.
The Contractor warrants that the Goods shall be free from defects in design, materials,
workmanship and title, shall conform in all respects to the terms of this Agreement, shall be fit and
suitable and perform satisfactorily for the purposes and under the conditions made known to the
Contractor by the City or which were reasonably inferable. The Goods shall be at least equal to the
higher of national standards or codes (such as, by way of illustration, CSA or ASTM), or standards
and codes customarily applicable at the place where the City will use the Goods. The Goods shall
be of the best quality, if no quality is specified. This general warranty is independent of and without
prejudice to any specific warranty or service guarantee offered by the Contractor or third party
manufacturer or supplier of the Goods in connection with the purpose for which the Goods were
purchased. The Contractor shall assign to the City any warranty or service guarantee offered by a
third party manufacturer or supplier of the Goods. Notwithstanding this assignment, if at any time
up to one year from the date of delivery or installation (if applicable) the City determines the Goods
or any part do not conform to these warranties, the City shall notify the Contractor within a
reasonable time after such discovery, and the Contractor shall then promptly correct such
nonconformity at the Contractor's expense. Goods used to correct a nonconformity shall be
similarly warranted for one year from the date of installation. The Contractor's liability shall extend
to all liabilities, losses, damages, claims and expenses incurred by the City caused by any breach of
any of the above warranties.
17.
The Contractor warrants and guarantees that Goods delivered under this Agreement do not infringe
any valid patent, copyright or trademark, foreign or domestic, owned or controlled by any other
corporation, firm or person, and agrees to indemnify and save harmless the City and all of its
elected and appointed officials, officers, employees, servants, representatives and agents
(collectively the "Indemnitees"), from and against any and all claims, demands, causes of action,
suits, losses, damages and costs, liabilities, expenses and judgments (including all actual legal
costs) by reason of any claim, action or litigation arising out of any alleged or actual infringement of
any patent, copyright or trademark, foreign or domestic, relating to the Goods supplied under this
Agreement.
18.
The Contractor represents and warrants that all Goods delivered under this Agreement shall comply
with all applicable codes, statutes, by-laws, rules and regulations, of any federal, provincial,
municipal or other competent authority for the time being in force, including any environmental laws
and that the Goods are not dangerous to the environment or to person or health.
19.
The Contractor will indemnify and save harmless the Indemnitees from and against all claims,
demands, causes of action, suits, losses, damages and costs, liabilities, expenses and judgments
(including all actual legal costs) for damage to or destruction or loss of property, including loss of
use, and injury to or death of any person or persons which any of the Indemnitees incur, suffer or
are put to arising out of or in connection with any failure, breach or non-performance by the
Contractor of any obligation of this Agreement, or any wrongful or negligent act or omission of the
Contractor or any employee or agent of the Contractor.
CUSTOMS
20.
Documentation for shipments of Goods from outside Canada shall be provided by a Contractor by
airmail and shall include all documents as required by law or customary practice. All packages shall
be marked as follows:
"Upon arrival, please contact customs broker:
Livingston International Inc.
Telephone: 604-685-3555
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Fax: 604-605-8231
Email: cst19@livingstonintl.com"
INSPECTIONS
21.
If this Agreement pertains to the fabrication, assembly or other processing of the Goods,
representatives of the City shall be permitted free access at all reasonable times for the purpose of
inspection, testing or obtaining information as to the progress of the fabrication, assembly or
processing.
SAFETY
22.
If this Agreement includes any inspection, installation or other work on the City's premises by the
Contractor, or representative or subcontractor of the Contractor, all such activity shall be performed
and undertaken in strict compliance with all applicable health and safety laws and regulations,
including, without limitation, the Workers Compensation Act, the Occupational Health & Safety
Regulation and the Hazardous Products Act, and also in strict compliance with any published and
issued by the City for use at the City's premises. The Contractor shall provide the City with the
Contractor's Workers Compensation Board registration number and a letter from the Workers
Compensation Board confirming the supplier is registered in good standing with the Workers
Compensation Board and that all assessments have been paid to the date thereof prior to the City
having any obligation to pay monies under this Agreement.
WHMIS/MSDS
23.
The Contractor covenants and agrees to comply with all the Workers Compensation Board
Occupational Health and Safety Regulations for hazardous materials and substances, and in
particular with the "Workplace Hazardous Materials Information Systems (WHMIS)" Regulations.
All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future
MSDS updates will be forwarded.
SHOP DRAWINGS
24.
The City may require that shop drawings be submitted by the Contractor for review prior to the
delivery of the Goods. The City may require that a qualified registered professional engineer
stamp and approve a shop drawing prior to submission. Any review of shop drawings by the City
will not relieve the Contractor from its obligation to deliver Goods in full compliance with all
requirements of this Agreement.
WAIVER
25.
Any failure of the City at any time or from time to time to enforce or require the strict keeping or
performance of any of the terms and conditions contained in this Agreement shall not constitute a
waiver of the terms and conditions and shall not affect or impair the terms or conditions in any
way or the City's right at any time to avail itself of any remedies as the City may have for any
breach or breaches of the terms and conditions.
APPLICABLE LAW
26.
This Agreement shall be governed by and construed in accordance with the laws of the Province of
British Columbia. The City and the Contractor accept the jurisdiction of the courts of British
Columbia and agree that any action under this Agreement shall be brought in such courts.
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NOTICES
27.
Any notice, report or other document that either party may be required or may wish to give to the
other must be in writing, unless otherwise expressly provided for, and will be deemed to be validly
given to and received by the addressee:
(a)
(b)
(c)
by hand, on delivery;
by facsimile, on transmission; or
by mail, five calendar days after posting.
The addresses for delivery will be as shown in Schedule C to the RFQ. In addition, the City may
give notice to the Contractor by email at the Contractor's email address as shown in Schedule C to
the RFQ, which email will be deemed to be validly given and received by the Contractor on
transmission. The Contractor may not give notice to the City by email.
MERGER AND SURVIVAL
28.
The representations, agreements, covenants and obligations set out in this Agreement, including
without limitation Section 19, shall survive the delivery of the Goods and payment of the Purchase
Price.
ENTIRE AGREEMENT
29.
This Agreement, including any other documents expressly included by reference in this Agreement,
contains the entire agreement of the parties regarding the provision of the Goods, and no
understandings or agreements, oral or otherwise, exist between the parties except as expressly set
out in this Agreement. This Agreement supersedes and cancels all previous agreements between
the parties relating to the Goods.
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City of Surrey P.O. #:
QUOTATION
_______________________
SCHEDULE C
(to be completed by the City)
RFQ Title:
RFQ No.:
One [or more] Ice Resurfacing Machine
1220-40-27-08
CONTRACTOR
CITY OF SURREY
Legal Name: __________________________________________
City’s Representative: _______________________________________
Address: _____________________________________________
Address: 14245 – 56 Avenue, Surrey, BC V3X 3A2
Phone:_____________________ Fax: ______________________
Phone: 604- ___________________ Fax: 604- _________________
Email: _______________________________________________
Email: ___________________________________________________
Contractor’s Reference # (if applicable): _____________________
1.
The Contractor offers to supply to the City of Surrey the Goods and Services for the prices plus applicable
taxes as follows:
Payment Terms:
F.O.B.
All prices quoted shall be based on
delivery F.O.B. Surrey, B.C. with
Ship Via:
A cash discount of ____% will be allowed if invoices are paid within ___ days, or the
___ day of the month following, or net 30 days, on a best effort basis.
all charges prepaid to the actual
point of delivery.
Item #
Item Name
Lead
Quantity
U/M
1
Only
Unit Price
Total Amount
Time
Ice Resurfacer:
$
$
Environmental Levy:
$
$
Tire Stewardship B.C., Advance Tire Disposal Fee:
$
$
Optional Second Ice Resurfacer:
$
$
State Manufacturer Name: _____________________
State Manufacturer Model: ____________________
State Manufacturer Year Production: ____________________
Subtotal:
GST:
PST:
CURRENCY: Canadian
Note:
Contractors are encouraged to submit several models for the City’s consideration
(make additional copies of Schedule C-if necessary, for each model proposed).
TOTAL:
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SCHEDULE C – QUOTATION
2.
If this offer is accepted by the City, such offer and acceptance will create a contract as described in:
(a)
the RFQ;
(b)
the specifications set out above and in Schedule A of the RFQ;
(c)
the General Terms and Conditions;
(d)
this Quotation; and
(e)
other terms, if any, that are agreed to by the parties in writing.
3.
Capitalized terms used and not defined in this Quotation will have the meanings given to them in the RFQ.
Except as specifically modified by this Quotation, all terms, conditions, representations, warranties and
covenants as set out in the RFQ will remain in full force and effect.
4.
The Contractor confirms that this Quotation will be open for acceptance by the City until ________________.
5.
I/We the undersigned duly authorized representatives of the Contractor, having received and carefully
reviewed the RFQ including without limitation the Specifications and the General Terms and Conditions,
submit this Quotation in response to the RFQ.
This Quotation is offered by the Contractor this ___________ day of ___________________, 2008.
CONTRACTOR
I/We have the authority to bind the Contractor.
________________________________________________
(Legal Name of Contractor)
________________________________________________
(Signature of Authorized Signatory)
________________________________________________
(Print Name and Position of Authorized Signatory)
This Quotation is accepted by the City of Surrey this _____ day of _______________, 2008.
CITY OF SURREY
________________________________________________
(Signature of Authorized Signatory)
_______________________________________
(Signature of Purchasing Representative)
________________________________________________
(Print Name and Position of Authorized Signatory)
_______________________________________
(Print Name of Purchasing Representative)
Purchase Order # __ __ __ - __ __ __ __ __
________________________________________________
(Signature of Authorized Signatory)
________________________________________________
(Print Name and Position of Authorized Signatory)
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