Rfq - 2 New Half Ton Trucks . Request For Quote Competition Number: 2023-32-01 Tender Title: 2 New Half Ton Trucks Posted Date: Tuesday June 20, 2023 Closing Date: July 7, 2023 Closing Time: Before 14:01:00 Alberta Time Last Modified Date: Status: Open Awarded: -- Description: The Town Of Diamond Valley Invites Vendors To Submit Quotations For The Supply Of 2 New Half Ton, Extended Cab, 4X4, Trucks In Accordance With The Request For Quotation (Rfq) Terms And Conditions And Specifications Outlined. Contact Information: Steve Henrickson Town Of Diamond Valley Fleet Services Steveh@Diamondvalley.Town Documents: See Appendix B And Complete Appendix C Table Of Contents Section Description Page 1.0 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.0 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3.0 Quote Preparation/Submission . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 2 4.0 Request For Quote Closing . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 3 5.0 Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6.0 Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7.0 Provision Of Goods For Evaluation . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 5 8.0 Evaluation And Contract Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9.0 Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10.0 Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11.0 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12.0 Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13.0 Confidentiality And Freedom Of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14.0 Title And Intellectual Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15.0 Indemnity And Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16.0 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17.0 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18.0 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19.0 Survival Of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20.0 Order Of Precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appendix A - Instructions For Submitting A Request For Quote . . . . . . . . . . . . . . . . . . . . . . . . 13 Appendix B Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix C Quotation Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Appendix D Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Appendix E Business Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1.0 Definitions A) Acceptance Means Submitting A Proposal Indicates Acceptance Of All The Terms And Conditions Outlined Within The Rfp Which Includes Any Appendices And Any Addenda; B) Alberta Purchasing Connection (Apc) Means The Government Of Alberta S Electronic Tendering System; C) Alberta Time Means Mountain Standard Time Or Daylight-Saving Time As Provided For In The Daylight-Saving Time Act Rsa 2000, Chapter D5, As Amended; D) Business Day Means From 08:15 To 16:30, Alberta Time, Monday To Friday, Excluding Holidays Observed; E) Contract Means The Written Agreement Resulting From And Called For By The Rfp Executed By The Town And The Successful Proponent; F) Evaluation Means Confirming The Rfp Meet The Necessary Requirements; G) Goods Means The Projects Quoted By The Vendor, Including All Components And Any Products To Be Produced And/Or Any Services To Be Supplied Under The Contract; H) Purchaser Means The Town Of Diamond Valley Or The Town; I) Quote Or Quotation Means The Vendor S Offer To Supply The Goods In Response To The Rfq; J) Request For Quotes Or Rfq Means The Invitation To Bidders, Including Any Amendments, To Submit A Quote Or Quotation For The Goods To Be Purchased; K) Warranty Period Means The Period That Commences Upon Receipt Of The Goods, At The Purchaser S Site And Is The Greater Of The Period Stated In The Rfq, Or The Standard Manufacturer S, Canadian Distributor S Or Authorized Reseller S Warranty, Including Any Warranty Extensions; L) Warranty Service Means The Service Provided During The Warranty Period To Repair Or Replace The Goods, At The Vendor S Expense, Inclusive Of But Not Limited To, Parts, Labour, Freight And Insurance To And From The Purchaser S Site. 2.0 General 2.1 In This Document: A) Headings Are Used For Convenience Only And Will Not Affect The Meaning Or Interpretation Of The Clauses. B) Words In The Singular Include The Plural And Vice Versa. C) Must , Shall And Will Mean A Requirement That Must Be Met For The Proposal To Receive Consideration. 2.2 All Questions Regarding The Rfq Must Be Directed To The Manager Identified In The Rfq, Prior To The Rfq Closing Date And Time. The Vendor Is Responsible For Notifying The Said Individual Of Any Incorrect Part/Version Number And/Or Product Description, Discontinued Or Scheduled To Be Discontinued Item, Ambiguity, Error, Omission, Oversight, Contradiction, Or Item Subject To More Than One Interpretation In The Rfq. If Deemed Appropriate And Justified, The Rfq Will Be Amended. 2.3 Verbal Communication Is Not Binding On Any Party. 2.4 The Rfq Is Subject To The Current Town Of Diamond Valley Procurement Policy And Must Be In Compliance With The Canadian Free Trade Agreement (Cfta), And The New West Partnership Trade Agreement (Nwpta). 2.5 Time Is Of The Essence Of The Contract. 2.6 The Successful Vendor Must Conform With The Laws In Force In The Province Of Alberta. 2.7 Quotes Received From Entities Which Are, In The Opinion Of The Purchaser, Owned By Any Level Of Government Or Funded Through Annual Government Budgets/Appropriations Will Be Rejected. 2.8 The Manager Leading The Rfq Reserves The Right, At Its Sole Discretion, To Cancel The Rfq. 2.9 The Vendor Must Fully Disclose, In Writing, To The Manager Leading The Rfq On Or Before The Closing Date Of The Rfq, The Circumstances Of Any Possible Conflict Of Interest Or What Could Be Perceived As A Possible Conflict Of Interest If The Vendor Were To Become A Contracting Party Pursuant To The Rfq. Submissions Received By Vendors Under This Requirement Will Be Reviewed And Maybe Rejected If There Is Perceived To Be A Possible Conflict Of Interest If The Vendor Were To Become A Contracting Party Pursuant To The Rfq. 2.10 The Vendor, Upon Request By The Purchaser, Shall Deliver Copies Of All Written Ethical Standards, Conflict Of Interest Policies, And Codes Of Conduct Established Or Observed By The Vendor In Its Business Practices Or In Relation To Its Employees Or Subcontractors. 3.0 Quote Preparation/Submission 3.1 The Vendor Should, When Submitting A Quote, Obtain The Rfq Directly From Apc To Facilitate Receiving Any Rfq Amendments Issued By The Purchaser. Quotes That Do Not Comply With The Rfq Requirements, Including If The Rfq Has Been Amended, Will Be Rejected. 3.2 Where Alternative Quotes Are Submitted, The Vendor Should Identify Each Alternative As A Separate Quote. 3.3 The Purchaser Will Disqualify A Quote If, In The Opinion Of The Purchaser, The Vendor Submits Any False, Deceptive Or Fraudulent Information. 3.4 The Vendor Shall Be Responsible For All Costs Of Preparing Its Quote. Quotes, Upon Receipt By The Purchaser, Will Become The Property Of And Be Retained By The Town. 3.5 The Quote Must Remain Open For Acceptance By The Purchaser, Without Changes, For Ninety (90) Days From The Rfq Closing Date. However, If A Contract Is Not Awarded Within This Timeframe, The Quote May Be Extended Upon Written Agreement Of The Vendor And The Purchaser. 3.6 The Vendor May Amend Or Rescind Its Quote Prior To The Rfq Closing Date And Time, By Submitting Written Notice To The Purchaser (At The Return Quote To Address In The Rfq) Referencing The Rfq Number And Closing Date. Rescinded Quotes Will, At The Vendor S Choice, Either Be Returned To The Vendor At The Vendor S Expense, Or Destroyed By The Purchaser, After The Rfq Closing Date And Time. The Vendor Cannot Amend Its Quote After The Rfq Closing Date And Time. 3.7 The Vendor, By Submitting A Quote, Consents To The Purchaser Providing References To Third Parties In Relation To The Goods And/Or The Vendor. 3.8 Quotes, Other Than Facsimile Quotes, Will Be Accepted During Business Days And Should Be Submitted In A Sealed Envelope With The Rfq Number And Closing Date Clearly Marked On The Envelope. The Vendor May Deliver Its Quote To The Purchaser (At The Address In The Rfq) By Hand, Courier, Mail (Excluding Email Or Any Form Of Digital Media Such As Diskette Files, Disk Files, Tape Files) Or Facsimile. Upon Receipt, All Quotes Are Kept In A Secure Area Until After The Rfq Closing Date And Time. 3.9 It Is The Vendors Responsibility To Ensure Its Quote Is Received Before The Rfq Closing Date And Time At The Location Specified In The Rfq. 3.10 The Quote Must Be Received By The Purchaser At The Return Quote To Address In The Rfq Before 14:01:00 Alberta Time On The Rfq Closing Date, Or The Quote Will Be Rejected. 3.11 Quotes Received After The Rfq Closing Date And Time Will, At The Vendor S Choice, Either Be Returned To The Vendor At The Vendor S Expense Or Destroyed By The Purchaser After The Rfq Closing Date And Time. Receipt Of This Quote Will Be Deemed As The Vendor S Acceptance Of The Rfq Terms And Conditions. 3.12 Submission Of The Quote Shall Be Deemed Agreement By The Vendor That If Awarded The Contract, The Vendor Will Supply The Goods In Accordance With The Contract. 4.0 Rfq Closing 4.1 The Rfq Will Close At 14:00:59 Alberta Time On The Rfq Closing Date. 5.0 Pricing 5.1 The Vendor Should Quote In Canadian Funds. Unless The Vendor Indicates Otherwise In Its Quote, Or Unless The Rfq Requires The Vendor To Quote In Either Canadian Or A Specific Foreign Currency, The Quote Will Be Deemed To Be In Canadian Funds. Where Applicable, Quotes In Foreign Currencies Will Be Converted To Canadian Funds By The Purchaser And Evaluated On The Converted Amount. This Conversion Will Be Based On The Daily Average Exchange Rate Per Currency Pair Appearing On The Bank Of Canada S Website Http://Www.Bankofcanada.Ca/Rates/Exchange/Daily-Exchange-Rates On The Rfq Closing Date. The Contract Will Be Issued In The Converted Canadian Funds And Payment Will Be Made In This Amount. 5.2 The Vendor: A) Must Quote Firm Net Unit Prices, Unless Otherwise Stated In The Rfq, In Accordance With The Unit Of Measure (Uom) Specified In The Rfq. If An Incorrect Uom Is Quoted, The Purchaser May Convert A Vendor S Quote To The Uom Specified In The Rfq, If The Quote Contains Sufficient Information To Permit Such Conversion. B) Must, In The Net Unit Prices Quoted, Include All Costs To Complete Delivery, Acceptance And Warranty Service Of The Goods To The Destination Indicated In The Rfq, Including But Not Limited To Packaging, Handling, Shipping, Unloading, Duty, Customs, Brokerage Fees, Insurance Charges, And Any Disposal Surcharge. However, These Costs May Be Quoted Separately: I. When The Contract Is To Be Awarded To One Vendor; Ii. For Each Line Item When The Contract Is To Be Awarded By Line Item; Or Iii. For Each Category When The Contract Is To Be Awarded By Category. C) Should Extend The Net Unit Price Amount In Accordance With The Quantity Specified For The Item And Total The Quote. If A Net Extended Amount Or Total Quote Is Incorrect, The Net Unit Price Will Apply. If There Are Discrepancies Between Words And Figures, Words Will Apply. 6.0 Specifications 6.1 The Goods Must: A) Be New. Despite This Provision, The Purchaser At Its Sole Discretion May Purchase Goods With Components That Are Refurbished And Warranted By The Manufacturer As New; B) Be The Most Current Production And Proven Technology; C) Comply With The Rfq Requirements; And D) Conform To Federal And Provincial Legislation. 6.2 Goods Having A Shelf-Life Must Be Marked With Expiry Dates And Supplied Sufficiently In Advance Of Their Expiry Dates To Permit Reasonable Use Or Consumption By The Purchaser. 6.3 All Components Of The Goods Must Be Compatible And Meet Or Exceed The Rfq Requirements And The Manufacturers Published Specifications. 6.4 Where The Rfq: A) Does Not Specify Manufacturers Names, Brands, Models And/Or Part Numbers, The Quote Must Contain Sufficient Information For The Purchaser To Identify The Goods Quoted, Or The Quote Will Be Rejected; B) Indicates That Equivalent Goods Will Be Accepted And Specifies Manufacturers Names, Brands, Models And/Or Part Numbers To Describe The Performance And/Or The Quality Of The Items In The Rfq, Unless The Quote Indicates Otherwise, The Quote Will Be Deemed To Be For The Items Specified In The Rfq; C) Specifies Manufacturers Names, Brands, Models And/Or Part Numbers And Does Not Indicate That Equivalent Goods Will Be Accepted, The Vendor Must Quote The Manufacturers Names, Brands, Models And/Or Part Numbers Specified In The Rfq, Or The Quote Will Be Rejected. 6.5 The Vendor Must, Upon Request, Provide The Manufacturers Published Specification Sheets And/Or Technical Information ( Literature ) For The Goods To Enable The Purchaser To Evaluate Compliance With The Rfq Requirements. If Any Specifications In The Rfq Are Not Identified In The Literature, The Vendor Must, Upon Request, Provide Written Confirmation From The Manufacturer Or Canadian Distributor Validating That The Goods Meet Those Specifications. 6.6 Goods That, As Of The Rfq Closing Date, Have: A) Not Commenced Production Or Are Not Commercially Available, Will Be Rejected By The Purchaser; B) Been Or Are Scheduled To Be Discontinued Or Replaced With New Models Or Versions, May Be Rejected By The Purchaser. 6.7 Where Applicable, The Goods Must Bear Evidence Of Certification To Canadian Standards By An Organization Accredited By The Standards Council Of Canada. This Certification Must, Where Applicable, Be For The Complete Assembly Of The Goods. 6.8 Deviations From The Rfq Requirements May Result In Rejection Of The Quote. The Vendor Should State Each Deviation, And The Purchaser Will Determine The Acceptability Of Any Minor Deviations. 7.0 Provision Of Goods For Evaluation 7.1 The Vendor Must, Upon Request, Supply The Goods For Evaluation At No Additional Cost To The Town: A) Within Five (5) Business Days Of A Request To Do So; And B) For A Minimum Of Ten (10) Business Days. 7.2 If Applicable, The Vendor Must Setup And Install The Goods For Evaluation Testing At The Purchaser S Site. 7.3 The Vendor Must Pay All Costs To Supply The Goods For Evaluation At The Location Indicated In The Rfq And Be Responsible For The Goods, In The Event Of Loss Or Damage, While At The Purchasers Site During Evaluation. All Costs Referred To In This Clause Must Include, But Are Not Limited To, Packaging, Handling, Shipping, Unloading, Duty, Customs, Brokerage Fees And Insurance Charges. 7.4 If The Goods Supplied For Evaluation Are Not In An Operable State, The Vendor Must, At The Vendor S Expense, Make The Necessary Adjustments, Repairs Or Replacements Within A Reasonable Period Of Time. Failure To Provide The Goods For Evaluation, Or Failure Of The Goods To Be In An Operable State During Evaluation, Will Result In Rejection Of The Quote. 7.5 The Vendor Must Remove The Goods, At Its Expense And Risk, Within Ten (10) Business Days After Receiving Notification From The Purchaser Unless, During Evaluation, The Goods Are Either Consumed Or Tested To Destruction. 7.6 Results Obtained During Evaluation Are The Property Of The Town. 8.0 Evaluation And Contract Award 8.1 Quotes Will Be Evaluated, Based On The Lowest Cost And Compliance With All Requirements Of The Rfq, With Equal Weight Being Allocated To Each Requirement. In The Event Of Tie Quotes, The Purchaser Will Determine The Successful Vendor By Considering Criteria, Including But Not Limited To The Following: A) Previous Performance; B) Earliest Delivery Date Quoted, If Advantageous To The Purchaser; C) Goods Quoted That Exceed The Rfq Requirements; D) Value-Added Services Quoted, Over And Above The Rfq Requirements; E) Extent Of Warranty Service. 8.2 The Purchaser May, At Its Sole Discretion: A) Obtain Clarification On Any Aspect Of A Quote, Without Being Obligated To Seek Clarification On All Other Quotes; B) Eliminate, Substitute Or Accept Any Line Item Or Detail In A Quote; C) Accept Or Waive A Minor And Inconsequential Irregularity, Or Where Practical To Do So, May Request A Vendor To Correct A Minor And Inconsequential Irregularity With No Change In The Price Quoted; D) Reject In Whole Or Part, The Lowest Cost Or Any Or All Quotes. 8.3 The Vendor Must Be Available During Business Days To: A) Respond To The Purchaser During Evaluation; And B) Sign The Contract, If Applicable. 8.4 The Vendor Must, Upon Request, Provide The Purchaser With Vendor References, Including The Name Of The Organization, Contact Name And Telephone Number, Who Can Verify The Vendor S Satisfactory Provision, Performance And/Or Servicing Of Goods The Same As Or Similar To Those In The Quote, Including Similar Quantities. The Purchaser May Contact Vendor References, In Addition To Those Provided By The Vendor. If A Vendor Receives, In The Opinion Of The Purchaser, Unsatisfactory References, Including Past Unsatisfactory Performance With The Town, Its Quote May Be Rejected. 8.5 The Quote Will Form Part Of The Contract. Claims Made In The Quote Will Constitute Contractual Warranties. 8.6 The Contract Will Be Interpreted And Applied In The Courts, And In Accordance With The Laws In Force, In Alberta. 8.7 The Vendor Must Not Assign, Subcontract Or Otherwise Dispose Of Any Of Its Rights, Obligations Or Interests, Other Than Identified In The Contract, Without The Purchasers Written Consent Which Will Not Be Unreasonably Withheld. If The Purchaser Consents To Subcontracting, The Vendor Will Remain Responsible For The Contract Obligations And Liabilities. The Vendor May Assign Its Rights To Payment To Any Third Party. 9.0 Delivery 9.1 If Complete Delivery Of The Goods Is Not Made Within The Time Period Indicated In The Contract, The Purchaser May Apply A Late Penalty Of If Excessive Delays May Cancel The Contract. 9.2 The Vendor Shall Be Responsible For All Costs Incurred For Replacement Of Goods Damaged Prior To Delivery To The Purchaser. 9.3 The Vendor Must Not Ship The Goods By Collect Shipments, For Payment Upon Receipt By The Purchaser, Or At The Purchaser S Risk. 10.0 Acceptance 10.1 The Purchaser May Perform A Visual Inspection And/Or Test The Goods Supplied To Determine If They Are In Accordance With Acceptance. This Will Be Completed Within Ten (10) Business Days Of Receipt Of The Goods And, If Applicable, Installation Of All Components Of The Goods. The Goods Will Be Deemed Accepted After Ten (10) Business Days, Unless The Purchaser Notifies The Vendor That The Goods Are Not In Accordance With Acceptance. 10.2 If The Purchaser Determines That The Goods Supplied Are: A) In Accordance, The Goods Will Be Accepted; B) Not In Accordance, The Vendor Must, At The Vendors Expense, Make The Necessary Adjustments, Repairs Or Replacements Within A Reasonable Period Of Time. This Obligation Will Not Apply To Goods That Have Been Modified Or Repaired, After Receipt By The Purchaser, By Anyone Not Authorized By The Vendor, Manufacturer Or Canadian Distributor. 10.3 If Any Goods Supplied Are Rejected By The Purchaser, The Vendor Must: A) Remove The Goods, At Its Expense And Risk, Within Ten (10) Business Days After Notification From The Purchaser That The Goods Have Been Rejected; B) Immediately, At The Purchasers Option, Either Replace The Goods Or, If Applicable, Issue A Credit Or Refund To The Purchaser All Monies Paid. 11.0 Payment 11.1 The Purchaser Will, Upon Receiving An Invoice, Pay The Vendor The Contracted Price For The Goods Within Thirty (30) Days After Acceptance Of The Goods. 11.2 The Purchaser May Deduct From All Payments To The Vendor Such Amounts As Required By The Canadian Income Tax Act, As Amended Or Substituted From Time To Time. 12.0 Warranty 12.1 Manufacturer Or Canadian Distributor Authorized Warranty Service Must Be Provided During The Warranty Period. Where Warranty Service Is To Be Provided By The: A) Vendor Or A Third Party, These Parties Must, Prior To The Rfq Closing Date And Time, Be Authorized By The Manufacturer Or Canadian Distributor To Perform The Warranty Service. The Vendor Must, Upon Request, Provide Written Confirmation From The Manufacturer Or Canadian Distributor Confirming The Vendor Or The Third Party Is Authorized To Service The Goods On Its Behalf In Accordance With The Rfq Requirements; B) Manufacturer Or An Authorized Third Party, The Vendor Must, Upon Request, Provide Written Confirmation From The Manufacturer Or The Authorized Third Party Confirming The Service Arrangements, As Specified In The Rfq, Will Be Provided On Behalf Of The Vendor. 12.2 Where The Standard Warranty For The Goods Offered By The Manufacturer, Canadian Distributor Or Authorized Reseller Exceeds The Warranty Period And/Or Warranty Service Indicated In The Rfq, The Vendor S Quote Should State The Standard Warranty. Such Warranty Must Be Provided At No Additional Cost. 12.3 During The Warranty Period, And During Business Days, The Vendor Must: A) Be Available At A Service Depot In Canada For Telephone Contact And To Receive The Goods For Servicing. 12.4 All Goods Repaired During The Warranty Period Must Be Returned To The Purchaser In An Operable State And With Equivalent Components. 12.5 If Any Defect In The Goods Is Not Rectified By The Vendor Before The End Of The Warranty Period, The Warranty Period Must Be Extended Until The Defect Has Been Corrected And The Goods Function In Accordance With The Contract, And For A Reasonable Period Of Time. 12.6 Despite Anything In The Rfq, If A Defect Is Not Corrected During The Warranty Period Within The Time Period Indicated In The Contract, The Purchaser May Reject The Goods. 12.7 The Vendor Will Not Be Required To Provide Warranty Service In Circumstances Where The Purchaser: A) Misuses Or Modifies The Goods. B) Uses The Goods In An Unsuitable Physical Or Operating Environment. C) Causes Accidental Damage To The Goods. 13.0 Confidentiality And Freedom Of Information 13.1 The Vendor And The Vendors Employees, Subcontractors And Agents Must, Subject To Any Confidentiality Legislation Requirement: A) Not Use, Copy Or Disclose, Except As Necessary For The Performance Of The Goods Or Upon Written Authorization Of The Purchaser, Any Purchaser Confidential Information. 13.2 Confidential Information Must Be Kept Confidential The Longer Of Six (6) Years, The Confidentiality Legislation Requirement, If Any, To Keep Confidential Information Confidential, Or So Long As The Party Retains Confidential Information Of The Other Party. 13.3 The Vendor Shall Return To The Purchaser Or, With The Purchaser S Prior Written Consent, Destroy Any Purchaser Confidential Information Within Thirty (30) Days Of The Contract Being Completed Or Terminated. 13.4 The Vendor May Disclose Purchaser Confidential Information To: A) Employees Of The Vendor And Any Corporation, Company Or Other Entity That The Vendor Controls Or Controls The Vendor And Who Have A Need To Know. B) The Vendor S Subcontractors And Agents Who Have A Need To Know, Provided That The Vendor Has A Similar Confidentiality Agreement With Them As Required Of The Parties By This Section 14.0. C) Anyone Else With The Purchaser S Prior Written Consent. 13.5 The Purchaser And The Purchaser S Employees, Subcontractors And Agents Must, Subject To Any Confidentiality Legislation Requirement: A) Not Use, Copy Or Disclose, Except As Necessary For The Performance Of The Goods Or Upon Written Authorization Of The Vendor, Any Vendor Confidential Information. 13.6 Subject To Any Confidentiality Legislation Requirement, The Purchaser May Disclose Vendor Confidential Information To: A) Employees Of The Purchaser Who Have A Need To Know. B) The Purchaser S Subcontractors And Agents Who Have A Need To Know, Provided That The Purchaser Has A Similar Confidentiality Agreement With Them As Required Of The Parties By This Section 14.0. C) Anyone Else With The Vendor S, The Vendor S Subcontractor S Or Agent S Prior Written Consent For Their Own Confidential Information. 13.7 A Party Has No Obligation With Respect To Confidential Information Of The Other Party: A) That The First Mentioned Party Already Possesses Without Obligation Of Confidentiality; Develops Independently; Or Rightfully Receives Without Obligation Of Confidentiality From Another. B) That Is Or Becomes Publicly Available Without Breach Of This Section 13.0. 13.8 Each Party May Disclose Confidential Information Of The Other Party To Their Legal Counsel Who Has An Obligation To Keep Such Information Confidential. 13.9 In The Event Of A Breach Of Any Of The Requirements Of Section 13.0, The Vendor Must Immediately Notify The Purchaser Of Such Breach And Take Immediate Steps To Mitigate The Breach. 13.10 The Purpose Of Collecting Information For The Rfq Is To Ensure The Accuracy And Reliability Of The Information, As Well As To Evaluate The Quote And The Vendor. 14.0 Title And Intellectual Property 14.1 The Vendor Warrants It Has The Right To Offer The Goods. 14.2 If Clause 14.1 Is Breached Or If A Third Party Claims That Any Goods Delivered To The Purchaser By The Vendor, The Vendor S Subcontractors Or Agents Under The Rfq, Infringe Any Copyright, Patent, Trade Secret, Industrial Design, Trade Mark Or Any Other Proprietary Right Enforceable In Canada, The Vendor Must At The Vendor S Expense, Defend The Purchaser Against That Claim. In This Regard, The Vendor Must Pay All Costs, Damages And Legal Fees That A Court Finally Awards Or Are Agreed To In A Settlement Agreed To By The Vendor, Provided That The Purchaser: A) Promptly Notifies The Vendor In Writing Of The Claim; B) Cooperates With The Vendor In, And Allows The Vendor To Control With The Purchaser S Participation, The Defense And Any Related Settlement Negotiations. 14.3 If Such A Claim Is Made Or Appears Likely To Be Made Under Clause 14.2, The Purchaser Agrees To Permit The Vendor To Enable The Purchaser, At The Vendor S Cost And With The Purchaser S Agreement, To Continue To Use The Goods Or To Provide The Purchaser With A Non-Infringing Replacement Or Modification Which Meets The Specifications And Functionality Required For The Goods In The Contract. If The Vendor Determines That None Of These Alternatives Are Reasonably Available, The Purchaser Will Return The Goods To The Vendor On The Vendor S Written Request And The Vendor Must Pay The Purchaser, Upon The Purchaser S Return Of The Goods, The Amount Paid To The Vendor For The Goods. 14.4 The Vendor Has No Obligation Regarding Any Claim Based On Any Of The Following: A) The Purchaser S Modification Of The Goods; B) The Combination, Operation Or Use Of The Goods With Any Product, Data Or Apparatus That The Vendor Did Not Provide, Unless The Vendor Has Specifically Approved Of The Other Products, Data Or Apparatus For Such Combination, Operation Or Use; C) Infringement By Anything Provided First By The Purchaser For Use In Creating The Goods. 14.5 Title To, Will Pass To The Purchaser Upon Completion Of Delivery And Acceptance At The Location Indicated In The Contract. 15.0 Indemnity And Hold Harmless 15.1 Each Party Shall Indemnify And Hold Harmless The Other, Its Employees And Agents Against And From Any And All Third-Party Claims, Demands, Actions, Or Costs (Including Legal Costs On A Solicitor-Client Basis) To The Extent Arising From: A) That Party S Breach Of The Contract, Or B) The Negligence, Other Tortious Act Or Willful Misconduct Of That Party, Or Those For Whom It Is Legally Responsible, In Relation To The Performance Of Its Obligations Under The Contract. 15.2 The Vendor Shall Indemnify And Hold Harmless The Town Against And From Any Loss Or Damage To The Real Or Personal Property Of The Town To The Extent Arising From The Vendor Breach Of The Contract Or From The Negligence, Other Tortious Act Or Willful Misconduct Of The Vendor, Or Those For Whom It Is Legally Responsible. 16.0 Waiver 16.1 Vendors Shall Not Have Any Claim For Compensation Of Any Kind As A Result Of Participating In This Rfq S Process, And By Submitting A Quote Each Vendor Shall Be Deemed To Have Waived Its Right To Make A Claim. 17.0 Insurance 17.1 The Vendor Must: A) At Its Own Expense And Without Limiting Its Liabilities In The Contract, Insure Its Operations Under A Contract Of General Liability Insurance, In An Amount Not Less Than $2,000,000 Inclusive Per Occurrence Insuring Against Bodily Injury, Personal Injury And Property Damage, Including Loss Of Use; B) At Its Own Expense, Maintain Automobile Liability Insurance On All Vehicles Owned, Operated Or Licensed In The Name Of The Vendor And Used In The Performance Of The Services In An Amount Not Less Than $1,000,000; C) Provide The Purchaser With Acceptable Evidence Of Insurance, In The Form Of A Detailed Certificate Of Insurance Prior To Commencing The Services And At Any Time Requested By The Purchaser; D) Comply With The Workers Compensation Act (Alberta), When The Act Applies, And Must, Upon Demand By The Purchaser, Deliver To The Purchaser A Certificate From The Workers Compensation Board (Board) Showing That The Vendor Is Registered And In Good Standing With The Board. 18.0 Termination 18.1 The Purchaser May Immediately Terminate All Or Any Part Of The Contract, Without Cause, Upon Written Notice To The Vendor. The Purchaser Will Only Pay The Vendor For The Goods Delivered And Services Completed In Accordance With The Contract, Up To The Effective Date Of The Termination Of The Contract. 19.0 Survival Of Terms 19.1 Section 13.0, Confidentiality And Freedom Of Information, Will Continue After The Rfq Closing Date. 19.2 Despite Any Other Provision Of The Contract, Those Clauses In This Document Which By Their Nature Continue After The Conclusion Or Termination Of The Contract Will Continue After Such Conclusion Or Termination, Including: A) Section 12.0 Warranty; B) Section 13.0 - Confidentiality And Freedom Of Information; C) Section 14.0 - Title And Intellectual Property; D) Section 15.0 - Indemnity And Hold Harmless; And E) Section 16.0 Waiver. 20.0 Order Of Precedence 20.1 In The Case Of Conflicts, Discrepancies, Errors Or Omissions Among The Contract Documents And Any Attachments And Amendments, The Documents, With Their Attachments And Amendments, Shall Take Precedence And Govern In The Following Order: A) The Purchase Order, Where Issued; B) Request For Quotes; C) Vendor S Quote; And D) License, Lease Or Rental Agreement, If Executed. Appendix A Instructions For Submitting A Request For Quote 1.0 Introduction 1.1. Requirements The Town Of Diamond Valley Is Inviting Vendors To Submit A Quotation For The Purchase By The Town Of Diamond Valley Of 2 New Half Ton, Extended Cab, 4X4, Trucks In Accordance With The Rfq Terms And Conditions Provided Consistent With The Current Town Of Diamond Valley Procurement Policy. 1.2 Quotation Submission The Rfq Can Be Obtained Directly From The Apc Location For Quotation Delivery: Town Of Diamond Valley Po Box 10 301 Centre Avenue West Diamond Valley, Alberta T0l 0H0 Attention: Steve Henrickson The Quotation (2 Copies) Must Be Received In Hard Copy Prior To The Closing Date And Time Specified At The Above Address And Be Clearly Marked Quotation For 2 New Half Ton Trucks. The Quotation Will Remain Open For 90 Days From The Rfq Closing Date. If The Contract Is Not Awarded Within The Time Frame, The Quote May Be Extended Upon Written Agreement From The Vendor And The Town. 1.3 Quotation Inquiries: All Inquiries Related To The Rfq Are To Be Directed, In Writing, Or Email To The Following Person: Steve Henrickson, Steveh@Diamondvalley.Town Please Note: Information Obtained From Any Other Source Is Not Official And Should Not Be Relied Upon. 2.0 Instructions To Vendors Quote Preparation 2.1 Bidders Are Directed To Carefully Examine The Following Information. Failure To Follow The Instructions May Result In Quotation Disqualification. 2.2 Request For Quotation (Rfq) Format: A) Cover Page; B) Introduction; C) Instructions To Bidders; D) Specifications; E) Quotation Form; F) Copy Of Health And Safety Program; And G) Proof Of Wcb And Insurance. Appendix B Specifications The Town Will Consider Quotations For The Supply Of A New Or New Demonstration/Lease Return New Model Half Ton Trucks With Full New Equipment Warranty, Meeting The Following Specifications. Vendors Quoting New Demonstration Equipment Must Clearly Indicate This On The Quotation Form. Quotations Must Refer To And Satisfy All Specifications And Concerns As Noted Below. Any Additional Options On A Quoted Unit Are Invited But Must Be Listed As An Option With Any Associated Costs. The Town Shall Not Compensate For Any Items Not Requested In The Specifications But Included On The Units Quoted. The Truck Shall Have The Following Attributes: Minimum Requirements White In Colour 4 Door Ton V8 Engine 4X4 Drivetrain Automatic Transmission (Column Lever Shift) Minimum 6.5 Bed Tow Package/Hitch/Brake Controller Mud Flaps Bed Liner (Spray In) A/C Cruise Control Power Locks Power Windows Reverse Camera/Sensors Tilt Steering Bluetooth Capable Cloth Seats Rubber Floors Or Contoured Rubber Floor Mats Auto Start A Maximum Trailering Capacity Of 13,000Lbs A Maximum Available Payload Of 1,820Lbs Extra Items To Be Itemized As Separate Expenses. Headache Rack (Back Rack Safety Rack Or Similar) Slim Emergency Roadside Beacon Switch Wired In Cab. Locking Roll Tonneau Cover Bed Drawers Slide Out Appendix C Quotation Form This Page And All The Quotation Form Pages, Including The One With The Signature Block, Must Be Submitted. All Prices Must Be In Canadian Funds. Gst Is Payable By The Town Of Diamond Valley To The Supplier (Where Applicable) And Should Not Be Included In The Unit Prices. Example: 2 New Half Ton Truck Description Quantities Unit Cost Total Cost Supply Of New Half Ton Truck As Specified Including Factory Warranty 1 $ $ Supply Of New Half Ton Truck As Specified Including Factory Warranty 1 $ $ Sub Total $ Gst $ Total $ Optional Items Not Included Above For Both Trucks (Please Detail Below) Unit Cost Total Cost 1. Headache Rack With See Through Screening For Visibility 2. Roadside Emergency Beacon Wired With A Driver Mounted Switch 3. Locking Hard Top Tonneau Rolling Box Cover 4. Sliding Bed Box Drawers $ $ $ $ $ $ $ $ $ $ $ $ $ $ The Above Quotation Is For Demonstration Or New Lease Return Equipment: Yes No Delivery Schedule As Time May Be A Consideration, Following Notification Of Acceptance And Issuance Of A Town Of Diamond Valley Purchase Order The Equipment Will Be: Delivered To Diamond Valley No Later Than August 14, 2023, Appendix D Warranty 1. Warranty Please Provide Details Respecting The Warranty Provided With The Equipment And Identify The Location From Which Warranty Service Is Provided: 2. References Please Provide References As Follows: The Town May Contact These References At Its Discretion. In Addition, The Town May Also Contact Any Other Organization It Deems Relevant In Order To Evaluate The Bidder S Ability To Complete The Works. Name Of Company Contact Person And Telephone No. Brief Description Of Services 3. Addenda The Bidder Acknowledges Receipt Of The Following Addendums Issued By The Town Of Diamond Valley: Addendum No. Dated Appendix E Business Information Legal Name Of Business Address Town/City Province Postal Code Telephone No. Fax No. Primary Contact Email The Undersigned Agrees To Be Bound By The Terms And Conditions Of This Request For Quotation And To Supply And/Or Install The Items Described In The Quotation Form At The Prices Quoted. If A Purchase Order Is Issued By The Town Of Diamond Valley To The Undersigned, The Undersigned Will Be Bound By And Will Comply With The Terms And Conditions Contained In The Request For Quotation And The Purchase Order Which Will Constitute The Full And Complete Agreement Between The Parties. Name Title Signature Signature Of Witness Or Corporate Seal Date
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