REQUEST FOR QUOTATIONS Title: 3 ONLY – RUBBER TIRED 4 X 4 BACKHOE / LOADER Reference No.: 1220-40-39-10 FOR THE SUPPLY OF GOODS TABLE OF CONTENTS 1. INTRODUCTION ..........................................................................................................................................3 2. ADDRESS FOR DELIVERY ........................................................................................................................3 3. DATE..............................................................................................................................................................3 4. INQUIRIES ....................................................................................................................................................3 5. ADDENDA ....................................................................................................................................................4 6. DURATION OF QUOTATION .....................................................................................................................4 7. NO CONTRACT ............................................................................................................................................4 8. ACCEPTANCE ..............................................................................................................................................4 9. CONTRACTOR'S EXPENSES ......................................................................................................................4 10. CONTRACTOR'S QUALIFICATIONS ........................................................................................................4 11. CONFLICT OF INTEREST ...........................................................................................................................4 12. SOLICITATION OF COUNCIL MEMBERS, CITY STAFF AND CITY CONSULTANTS ......................4 13. CONFIDENTIALITY ....................................................................................................................................4 14. SIGNATURE..................................................................................................................................................5 SCHEDULE A – SPECIFICATIONS OF GOODS ............................................................................................................. 6 SCHEDULE B – GENERAL TERMS AND CONDITIONS ............................................................................................. 9 SCHEDULE C – FORM OF QUOTATION ...................................................................................................................... 16 RFQ No. 1220-40-39-10 Page 2 of 25 REQUEST FOR QUOTATIONS 1. INTRODUCTION The City of Surrey (the “City”) invites contractors to provide a quotation on the form attached as Schedule C, Attachment #1 (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 choose, in addition, to also include goods or terms that exceed the minimum requirements. 2. ADDRESS FOR DELIVERY The Contractor will submit the Quotation to the City at the office of: Kam Grewal, BBA, CMA Acting Purchasing & AP Manager Address: 6645 – 148 Street Surrey, BC V3S 3C7 Fax: E-mail for PDF Files: 604-599-0956 purchasing@surrey.ca Faxed Quotations are permitted and PDF files can be emailed, but a Contractor bears all risk that the City's fax equipment functions properly so that the City receives the Quotation. Contractors preferring to submit hard copies of their quote, should provide one original unbound and three copies (4 in total). 3. DATE The City would prefer to receive Quotations on or before May 31, 2010. 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 Quotations ("RFQ") will be directed in writing to: Kam Grewal, BBA, CMA Acting Purchasing & AP Manager at Address: 6645-148th Street Surrey, BC V3S 3C7 Fax: Telephone: Email: 604-599-0956 604-590-7274 purchasing@surrey.ca Inquiries should be made no later than three (3) days before Closing Time. The City reserves the right not to respond to inquiries made within three (3) days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Contractors at the discretion of the City. RFQ No. 1220-40-39-10 Page 3 of 25 5. 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. 6. DURATION OF QUOTATION The Quotation will be open for acceptance by the City until: (a) the date specified in this RFQ or in a Quotation; or (b) as described in a subsequent written notice which the Contractor may send to the City. 7. 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 has signed Attachment (#1-#7) on behalf of the City. Delivery of the signed Quotation by the City may be by fax. 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, CITY STAFF AND CITY CONSULTANTS Contractors and their agents will not contact any member of the City Council, City staff or City consultants with respect to this RFQ, other than the contact person named in Section 4, at any time prior to the award of a contract or the cancellation of this RFQ. 13. CONFIDENTIALITY RFQ No. 1220-40-39-10 Page 4 of 25 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: 15. (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. HARMONIZED SALES TAX (HST): The general transitional rules for the wind down of PST and GST as it relates to City This change is a result of the new HST tax being implemented on July 1, 2010. purchases. GENERAL RULES: On July 1, 2010, the existing B.C. PST would generally cease to apply to: - a sale of goods where the goods are delivered and ownership of the goods is transferred to the City on or after July 1, 2010; - a sale of services to the extent the services are performed on or after July 1, 2010 (however, the PST would apply where all or substantially all of the service is provided before July 2010); and, - goods brought into B.C. on or after July 1, 2010 RFQ No. 1220-40-39-10 Page 5 of 25 SCHEDULE A - SPECIFICATIONS OF GOODS SCOPE: The purpose of these specifications is to describe THREE (3) Only – RUBBER TIRED 4 X 4 BACKHOE / LOADER NOTE: The City plans to purchase the quantity listed above, but may order additional units in the future. A Contractor, who shall assume responsibility for coordinating the activities of all equipment suppliers, shall provide equipment specified in this RFQ. The Contractor shall ensure that all components are compatible. The completed unit(s) shall be tested for proper operation before delivery. ITEMS TO BE INCLUDED WITH QUOTE: All major components of the requested equipment should be manufactured or distributed by the original equipment manufacturer and advertised on a factory brochure as a standard or optional component. Contractor is to include the factory brochure with the quote. Features and/or minimums listed on this included brochure as factory-required minimum for the size of the unit quoted to be included in the quote so that the piece of equipment being offered by the Contractor not only meets these specifications, but also includes factory-listed requirements for its particular size. In other words, equipment that has had its features or size reduced to below what the factory says is necessary will not be acceptable. SAFETY: All material and equipment to be provided under the RFQ to conform to the latest applicable sections of the I.E.M.C. and Society of Automotive Engineers Handbook, Codes, BCSHA/OSHA and Recommended Practices, but, in no case, to be contrary to the laws of the Province and/or Federal Government. PRE-INSPECTION OF EQUIPMENT: The City of Surrey reserves the right to pre-inspect any or all manufactured equipment and/or manufacturing facilities prior to awarding a contract, to determine compliance with these specifications. WARRANTY The Contractor shall be responsible for and disposition of all warranty claims against the entire unit. The Contractor to furnish a “no-charge” invoice (to include all parts and labour) for each warranted claim. Terms of the warranty are to be stated in the Quotation. Vehicle warranty to be stated on the Quotation, but in no case to be less than one (1) year parts and labour from the date of final acceptance by the City. Warranty shall be provided against malfunction or other unsatisfactory conditions due to defective equipment, materials or workmanship. The warranty is to be submitted and made a part of the Quotation. The warranty shall be inclusive of all costs associated with picking up the equipment (and/or parts thereof) from, and returned to, Fleet Services, Surrey, British Columbia, F.O.B., for all required warranty work. Transportation from the City to the Contractor’s repair facility is to be the Contractor’s responsibility, at the City’s request. NOTE: Warranty work may be conducted at Fleet Services Shop by City personnel, if the Contractor chooses. However, the Contractor must agree to pay the City the existing shop rate for the services provided. DELIVERY AND SHIPPING NOTIFICATION: RFQ No. 1220-40-39-10 Page 6 of 25 Shipping notices and the completed units shall be delivered to: City of Surrey Fleet Services 6645–148th Street Surrey, BC V3S 3C7 Invoice to: Invoices shall be delivered with vehicle to the address above. Documents required for delivery of equipment: The successful Contractor shall provide all parts and operational manuals for the equipment being installed. All items called for in the specifications, including, but not limited to, the necessary manuals, must be supplied to the City before the final invoice can be processed. The Application for Certificate of Title must have the following address: City of Surrey Fleet Services 6645 – 148th Street Surrey, BC V3S 3C7 1. 2. 3. 4. 5. 6. 7. 8. 9. Application for Certificate of Title Priced Invoice Copy Equipment Parts Line Sheet Pre-Delivery Inspection Report Warranty Books Parts, Service and Operator’s Manuals, Lists and Drawings (as per specs.) Statement of Origin Copy of Weight Slip with All Components Complete Vehicle Document AVAILABILITY: In the event items ordered become unavailable and cannot be supplied out of current model year production; a unit deemed by the City to be equal must be supplied. If a substitute is not available or acceptable, then a similar unit from the next model year must be supplied at the same price. If time does not permit this, the order can be cancelled; the unit purchased from another source and the Contractor will reimburse the City for all excess costs over the contract price. TECHNICAL REQUIREMENTS 1. GENERAL: Quotes are requested for the purchase of THREE (3) Only – RUBBER TIRED 4 X 4 BACKHOE / LOADER as per the enclosed technical specifications. A. Quotes to include all costs for delivery of completed unit F.O.B. City of Surrey, Fleet Services, located at 6645 – 148th Street, Surrey, BC, V3S 3C7. RFQ No. 1220-40-39-10 Page 7 of 25 B. All equipment to be new, unused and of the manufacturer’s current production model and is to be sold, prepared and delivered to the City by a franchised dealer. C. All accessories and features listed herein to comply with and meet or exceed all requirements of FMVS Act and British Columbia Motor Vehicle Act and be supplied by the original equipment manufacturer. D. All units supplied to utilize the latest technology, accessories and features offered on a standard retail unit whether or not they are called for in this specification. E. It is the responsibility of the successful Contractor to ensure that the equipment arrives without damage and in a timely manner. RFQ No. 1220-40-39-10 Page 8 of 25 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 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. RFQ No. 1220-40-39-10 Page 9 of 25 8. 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. 9. 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 set off 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. 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 RFQ No. 1220-40-39-10 Page 10 of 25 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 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 RFQ No. 1220-40-39-10 Page 11 of 25 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. 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 RFQ No. 1220-40-39-10 Page 12 of 25 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. SPECIAL CONDITIONS INSPECTION/DELIVERY 30. Each Contractor must state in their quotation submission the guaranteed delivery date in number of calendar days from the date after receipt of order (ARO). 31. The item(s) specified, with packing slips/delivery slips and/or other required documents shall be delivered F.O.B. Destination, full freight prepaid to: City of Surrey Fleet Services 6645 – 148th Street Surrey, BC V3S 3C7 Attention: Mr. Curtis Rhodes, Fleet & Garage Manager 32. The Contractor shall notify the City’s Fleet Services Department, not less than three (3) working days prior to expected delivery / arrival to permit inspection scheduling. An authorized representative of the Seller shall supervise delivery and off-loading to the City. The City will not assume any liability for vehicle/equipment delivered to an unauthorized location. 33. Documentation at time of Delivery:Seller shall provide the following documentation upon delivery: Copy of Purchase Order and Original Invoice(s). Warranty Policy(ies) and/or certifications as may be required in the Specifications. Parts, service, operators and maintenance manual(s) as may be required in the Technical Specifications. 34. Each unit shall be delivered clean and shall be complete with all equipment operable. The unit(s) shall be inspected by the City before delivery to determine compliance with the specifications and/or to test its ability to perform its intended use. 35. The Contractor shall be responsible for securing any and all inspections required by law, including B.C. Provincial Inspection stickers. Any fee charged for these inspections shall be the responsibility of the Contractor. UNSUITABLE EQUIPMENT 36. Quotations will not be considered for vehicles that have previously failed to perform satisfactorily or from Contractors who have a history of performance problems with the City. RFQ No. 1220-40-39-10 Page 13 of 25 MANUFACTURER’S WARRANTY 37. The Contractor will be required to furnish a warranty by the manufacturer that the equipment bid on is suitable for the service intended, in accordance with the specifications defined herein. The Contractor shall agree to replace and install without charge [including all labour], within the scope of the warranty, any defective part or any parts that are determined by the City not to be suitable for the service intended. 38. The warranty period shall go into effect at the time the vehicle is placed into service by the City. Contractors are to include a complete warranty statement with their quotation. NEW VEHICLE CHECKUP AND SERVICE 39. Prior to the delivery, the vehicle must be completely serviced by the Contractor in accordance with the manufacturer’s standard new car “make ready” recommendations. Crankcase, differential, and transmission must be filled to manufacturer recommended levels. Each vehicle shall contain a pre-delivery check sheet showing what operations have been performed on the vehicle by the selling dealer. Vehicles are to be clean, and all stickers are to be removed from glass prior to delivery with the exception of any sticker required by law. 40. Factory pre-delivery will not be acceptable. Vehicles showing lack of proper dealer pre-delivery service will not be acceptable and will be returned to the selling dealer by that dealer’s personnel. DEALERSHIP EMBLEMS/LOGOS 41. The Contractor shall not install on the vehicle, any logos, nameplates or stickers denoting the name of the company or dealership that may be considered as advertising. Failure to comply with this requirement shall result in the dealership being given the option to remove same, or reimburse the City for removal and restoration, if needed. MODEL 42. Vehicles defined in this document shall be of 2010 model. Equipment/vehicles shall be new and unused and not previously titled. FACTORY INSTALLATION 43. Items that are available from the factory must be factory installed. If factory installation of an item is not available to the dealer and the dealer is making a dealer modification in order to meet the specification, it must be clearly noted in your response. REJECTIONS 44. All materials or equipment shall be subject to inspection or test and shall meet the approval of the Fleet & Garage Manager and his decision shall be final and binding upon all parties. Such inspection, at the option of the City, may be carried out at the place of business of the Contractor and the Contractor shall assist the Fleet & Garage Manager, or his designate in the performance of his duties. 45. Should materials or equipment be defective in quality of workmanship or otherwise fail to conform to the specifications set forth, the Fleet & Garage Manager shall have the right to reject them or require their immediate correction. 46. Materials or equipment requiring correction shall be removed for correction or corrected in place as requested by the Fleet & Garage Manager at no expense to the City. Unavoidable expense encountered by the City shall be chargeable to the Contractor and deductible from any monies owing the Contractor by the City. 47. If the Contractor fails to take proper action promptly when requested by the Manager, Fleet & Garage, the City may replace or correct materials as necessary and charge the cost of such replacement to the Contractor or the City may terminate the Agreement as provided for herein. RFQ No. 1220-40-39-10 Page 14 of 25 RFQ No. 1220-40-39-10 Page 15 of 25 SCHEDULE C Title: 3 ONLY – RUBBER TIRED 4 X 4 BACKHOE / LOADER Reference No.: 1220-40-39-10 RFQ No. 1220-40-39-10 Page 16 of 25 SCHEDULE C QUOTATION RFQ Title: THREE (3) ONLY – RUBBER TIRED 4 X 4 BACKHOE / LOADER RFQ No: 1220-40-39-10 CONTRACTOR Legal Name: Address: Phone: _____________ Email: 1. CITY OF SURREY City’s Representative: Kam Grewal, BBA, CMA Acting Purchasing & AP Manager Address: 6645 – 148 Street, Surrey, BC V3S 3C7 Phone: 604-590-7274 Fax: 604-599-0956 Email for PDF Files: purchasing@surrey.ca Fax: The Contractor offers to supply to the City of Surrey the Goods for the prices plus applicable taxes as follows: Year, Make & Model: __________________________________________________________ All costs to meet the minimum specifications shall be included in the following delivered prices. UNIT PRICE: $________________ X3 $________________ ENVIRONMENTAL LEVY [BATTERY]: $________________ X3 $________________ TIRE STEWARDSHIP B.C. (TSBC) LEVY: $________________ X3 $________________ SUB-TOTAL: HST: 12% TOTAL QUOTED PRICE: $______________ $_______________ $_______________ The completed unit shall be delivered within _______ days after receipt of purchase order. Complete Vehicle: State Warranty (no less than one (1) year) Warranty repairs shall be performed at Please complete if applicable: British Columbia Certified Payment Terms: A cash discount of ________ % will be allowed if the invoices is paid within _______ days, or the ____ day of the month following, or net 30 days, on a best effort basis. 2 If this offer is accepted by the City, such offer and acceptance will create a contract as described in: (a) (b) the RFQ; the specifications set out above and in Schedule A of the RFQ; RFQ No. 1220-40-39-10 Page 17 of 25 (c) (d) (e) the General Terms and Conditions; and this Quotation; and 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 will meet or exceed each item in the specifications as written: YES NO . If No, any minor deviations from the stated specifications are backed up by the enclosed manufacturer or dealer’s detailed description of each variation with reference made to each item to which the variation will apply. 5. The location of the nearest factory authorized warranty repair facility / parts dealership: 6. The number of days after the date the Purchase Order is received that the Contractor will guarantee delivery: 7. The Contractor to indicate on each line provided in Attachment #1 if they comply with the Quote items as specified or are taking exception to the Quote items specified. ________________ If additional space is required to fully explain Quote exception(s), attach additional page(s) to the Quotation and indicate the section number and subsection that has the exception and provide explanation. If more than one (1) make or model is to be offered, copy the specification sheets to submit separate Quotation sheets for each item to be evaluated. Note: Failure to provide all of the information in Attachment #1 does not relieve the Contractor of the responsibility of supplying all of the necessary items and/or complying with all of the conditions of this Quotation. Complete all pages of Attachment #1. END OF PAGE 8. 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 ____________, 2010. CONTRACTOR I/We have the authority to bind the Contractor. (Legal Name of Contractor) RFQ No. 1220-40-39-10 Page 18 of 25 (Signature of Authorized Signatory) (Print Name and Position of Authorized Signatory RFQ No. 1220-40-39-10 Page 19 of 25 ATTACHMENT #1 THREE (3) ONLY – RUBBER TIRED 4 X 4 BACKHOE / LOADER The City plans to purchase the quantity listed above, but may order additional units in the future. MUNICIPAL SPECIFICATIONS √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. A. DIMENSIONS 1. Operating Weight (c/w 1000 lb. c/weight) Total weight of machine c/w 4 in 1 loader and Extend-a-Hoe attachment ROPS, cab, to be greater than 18,500 lbs. 2. Wheel Base 83 inches 3. Overall Length With loader bucket and hoe attachment in the travelling position. 4. Overall Width 86 inches 5. Overall Height With loader bucket and hoe attachment in the travelling position. 6. Ground clearance 7. Counter Weight In pounds B. TIRES AND AXLES 1. Tires (Michelin Only) Front (3): 12.5/80 – 18 10PR Rear (3): 19.5L-24 10PR R4 2. Wheels Front (3): 10 x 18 Rear (3): 19 x 24 3. Front Axle Capacity (S.A.E. J43) 18,860 lbs. min. 4. Rear Axle Capacity (S.A.E. J43) 13,670 lbs. min. 5. Differential Lock required C. PERFORMANCE 1. Turning radius In inches, clear width of narrowest space in which machine can be turned through 180. 2. Travel Speed (Minimum 23 mph.) D. CAB-SAE J394, SAE J1040 ROPS CRITERIA 1. Seat (Air Ride) Bucket style 4 way adjustable Padded c/w lumbar support Arm rests both sides, movable Swivel, used for both operations High back 2. Fenders Full width over rear tires 3. Mirrors One outside mirror One inside mirror RFQ No. 1220-40-39-10 Page 20 of 25 MUNICIPAL SPECIFICATIONS √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. 4. Muffler Vertical exhaust Above cab exhaust 5. Entrance Door (One) 6. Heater / Defroster / A/C Multiple speed fan 12 volt 7. Fan (12 volt) Mounted inside Variable speed 8. Windshield Wipers / Washers Multiple speed Electric Front and Rear Washers front and rear Electric 9. Sound suppressed all weather Enclosed cab c/w ROPS Interior ISO 6394-83Db (A) Exterior ISO 6393-106Db (A) 10. Vandalism Kit E. ENGINE, POWERTRAIN, BRAKES & STEERING 1. Engine Wet sleeve diesel 98 hp net @ 2000 rpm 276 cu. in. 4 Cylinder 4 Stroke Racor 500FGP12SS2 water separator only 2. Cooling System HD Radiator Antifreeze to -30F Silicone Hoses Spin on coolant / conditioner Filter Electric Block Heater 3. Shut Down Devices Low oil level Low oil pressure High temperature Audible warning prior to shut down 4. Cold Aid Start System 5. Fuel Tank Minimum 16 hour continuous work F. POWERTRAIN 1. Transmission Full power shift No clutching required Four forward speeds Four reverse speeds Temperature gauge Componentized powertrain 2. Final Drives Outboard planetary Differential lock RFQ No. 1220-40-39-10 Page 21 of 25 MUNICIPAL SPECIFICATIONS √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. 3. Front End (4x4 Axle) Shift on the fly Protected front shaft G. BRAKES (SAE J1473) 1. Hydraulic Wet Disc Power assisted Individual and combined Controlled Self adjusting, self equalizing 2. Park Brake (Electric applied) Automatic applied when shut off, manual release H. STEERING (Tilt Only) 1. Hydrostatic Power 2. Turning Radius Please state (stop to stop) I. ELECTRICAL SYSTEM 1. Alternator 90 amp 2. Battery Dual 750 CCA each 12 volt 3. Fusing All electrical systems to be fused and protected against overloading. All fuses to be operator accessible. 4. Lights All lights to comply with Provincial laws regarding night driving. Self-cancelling turn signals 4 Way Flashers Interior Dome Light Revolving light to be Falcon Minibar 8 60 LEDS – No substitutes Mounted and fully functional to Surrey’s specifications. 5. Instruments (Gauges as opposed to lights) Speedometer, tachometer, hour meter Fuel, oil pressure, water, transmission temperature, air restriction All gauges to be lighted for night use. 6. Horn Electric 7. Back Up Alarm 108 dbh) Audible type J. HYDRAULIC SYSTEM 1. Open Center, Gear Type, tandem w/unloader. 2. Pump 42 gpm. – Backhoe 42 gpm. – Loader 3. Main Pressure 3,625 psi – Backhoe 3,625 psi – Loader 4. Reservoir 25 gallons minimum Manual shut off at tank RFQ No. 1220-40-39-10 Page 22 of 25 MUNICIPAL SPECIFICATIONS √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. Screen in filler neck Return in line filter Visual aid on side of tank 5. Oil Cooler required Shock resistant Vibration proof K. FRONT END LOADER (c/w Ride Control) Loader / Backhoe to have a 4-in-1 front bucket, c/w 3 bolt on cutting edges full width, and 3 hooks welded on top edge – 2 grab, 1 slip. 1. Capacity 1.30 cubic yard, heaped 2. Lift capacity full height Not less than 6,600 lbs. 3. Height to hinge pin 11 feet minimum 4. Roll Back 40 degrees minimum @ full capacity and full height 5. Self Leveling Loader 6. Operating Time Front ground to full height 7. Cylinders Bucket and lift – Please describe 8. Breakout Force 9,650 lbs. minimum 9. Bucket should be easily visible from inside the cab L. BACKHOE (Excavator type, Pilot operated controls, Extend-a-hoe required – 3’6” extendable dipper c/w hydraulic thumb, 24” x .75 cu. ft. bucket, one machine to have hydraulic thumb installed.) 1. Reach From center of rear axle Minimum 27’4” Extended Dipper Stick 2. Digging Depth Extended dipper stick Minimum 20.0” 3. Dumping Height Minimum 15’7” 4. Horizontal Swing Minimum 180 5. Lift Capacity @ ground level Extended dipper stick retracted Minimum 2,670 lbs. 6. Plumbed for Stanley hoe pack and thumb c/w quick couplers and valves 7. Boom lock kit c/w rubber dampener 8. Quick change kit for buckets 9. Stabilizers Individual control RFQ No. 1220-40-39-10 Page 23 of 25 MUNICIPAL SPECIFICATIONS 10. 11. 12. M. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. N. 1. O. 1. √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. Street pads fitted with removable pads, bolt on preferred Reversible Cylinders hydraulic pilot operated must reach minimum 24” below wheel level Spread width minimum 11 ft. Controls Pilot operated Extend-a-hoe foot operated Tamper foot operated Hand operated thumb Cylinders Please describe Grease System Fully functional To all pivot points on machine GENERAL Buckets (bolt on cutting edges) All to have quick-change couplers 42” clean up for machine 24” digging for machine 24” clean-up for machine Bucket Teeth Replaceable teeth H&L series, drop forged or equal Cutting Edge Bolt on type One complete set of parts books and service manuals or CD’s One complete set of filters for machine for the 1000 hr. service Training for one operator, one mechanic at factory, all expenses paid. All buckets to have provision for a lift hook to accommodate a 3/8 chain Machine Requirements Must comply with all B.C. Workers Compensation regulations, B.C. Motor Vehicle Act, Canada Safety Regulations. Safety 5 lb. Fire Extinguisher No. 1 First Aid Kit (Hard Case) Both mounted (Surrey’s discretion) Audible back up alarm (98 dbh) Spare wheels and tires for front and rear Mounted Slow Moving Vehicle triangle OPTIONS Price here (not in quotation price) Extended warranty full machine 4,000 hr – 4 year WARRANTY WORK Note: Contractor must respond to all questions to be considered. No charge per incident of warranty. Replacement RFQ No. 1220-40-39-10 Page 24 of 25 MUNICIPAL SPECIFICATIONS √ YES Manufacturer’s Specifications of Equipment Offered. Contractor must complete all spaces in this column. will be free of charge to the City of Surrey. The City of Surrey is authorized to make minor emergency warranty repairs without preauthorization and will be reimbursed by the contractor for parts and labour, not to exceed one thousand ($1,000) dollars per incident. 3. For warranty repairs over $1,000, the City of Surrey will request approval before beginning repairs. 4. The contractor shall use all new parts and components unless authorized in writing by the City of Surrey. 5. All warranty claims not returned to the City of Surrey marked denied with an acceptable reason for denial, within 60 days, will automatically be accepted as valid and billed to the contractor within 30 days. 6. The City of Surrey shall be reimbursed by the contractor for all costs associated with the warranty work accomplished including, but not limited to, 100%, plus 30% for handling of all parts needed for the warranty repairs, as well as labour reimbursement at the current City labour rate, for all labour spent to make the warranty repair. This rate is subject to review annually and will be reflected in the labour rate charged. 7. Contractor shall pay all transportation costs to include towing, for all warranty repairs. 8. In the event that, during warranty period, specific repairs or modifications necessitated by defects in design, material or workmanship are required to 20% of the vehicles delivered in this group for any part and/or component, this is a fleet defect, and the contractor shall, within 30 days, pay for all necessary labour and materials to effect those repairs or modifications to all vehicles in this group. The warranty on items determined to be fleet defects shall begin again and shall extend for the time and miles of the original warranty. 9. The City of Surrey will issue an invoice monthly to the contractor for warranty reimbursement. The contractor shall resolve all claims within 30 days of the issuance of the invoice. Payment of all claims shall be by cheque or by credit. If credit not used within 180 days, the contractor must pay the remaining credit by cheque. 10. All warranty parts are to be shipped within 2 working days of the request. 11. Return of warranty parts to be paid for by the contractor. 12. Contractor to provide to the City of Surrey, at no cost, all forms, books or software including points of contact necessary to submit warranty claims. 2. RFQ No. 1220-40-39-10 Page 25 of 25