2023 Single Axle Cab & Chassis Dump Truck

TOWN OF SIDNEY ONE (1) 2023 MODEL SINGLE AXLE CAB AND CHASSIS DUMP TRUCK CONTRACT NO. 2023-007 TOWN OF SIDNEY ONE (1) 2023 MODEL SINGLE AXLE CAB AND CHASSIS DUMP TRUCK CONTRACT NO. 2023-007 INVITATION TO TENDER The Town of Sidney invites Tenders for the supply of one (1) new 2023 Single Axle Cab and Chassis Dump Truck as described in the Tender Documents and Specifications. Tenders clearly marked "Tender for 2023 Single Axle Cab and Chassis Dump Truck – Contract No. 2023-007 is scheduled to close at: Tender Closing Time: 3:00 p.m. local time Tender Closing Date: Thursday March 9 2023. Tenders will be accepted in person, by mail, or by email There will be no public opening, bidders will be notified of the results. Tenders submitted via email are to be sent to tenders@sidney.ca Indicate “2023-007 2023 Single Axle Cab and Chassis Dump Truck” in the subject line. Email submissions should be submitted as one PDF virus free file and no

larger than 10 Mb. Quotations will not be opened in public. END OF INVITATION TO TENDER mailto:tenders@sidney.ca 3 TOWN OF SIDNEY ONE (1) 2023 MODEL SINGLE AXLE CAB AND CHASSIS DUMP TRUCK CONTRACT NO. 2023-007 INSTRUCTIONS TO TENDERERS The Town of Sidney invites Tenders for the supply of one new 2023 Single Axle Cab and Chassis Dump Truck, according to the terms and conditions of these instructions and Tender Documents. 1.0 SUBMISSION OF TENDERS: 1.1 Use of Contract Form: Tenderers must submit their Tenders by completing the blanks in the attached Tender Document, to specify the price, the delivery date and other required information. The Tender must be completed in full. The Tender must be completed in ink and no erasures are permitted. Tenderers must execute the Tender under seal (if a company with a seal). Completed Tenders may be sent electronically clearly marked "TENDER FOR 2023 Single Axle Cab and Chassis Dump Truck – CONTRACT 2023-007", and addressed to: tenders@sidney.ca no later than 3:00 p.m. local time March 9, 2023 (the "Closing Time"). Tenders received after that time will not be opened and are invalid. 1.2 Tender Opening: There will be no public opening and bidders can request to know the results by contacting the Director of Corporate Services. 1.3 Materials: Where the Tender Documents specifies a particular material be used, that material must be used or else the Tenderer must specify the equivalent substitute material which will be used. 4 INSTRUCTIONS TO TENDERERS CONT'D. 1.4 Conditions Governing Tender Evaluation: The lowest or any Tender will not necessarily be accepted. The Town reserves the right, in its sole discretion, to waive any incompleteness, informality, addition, or irregularity in any Tender, to reject any or all Tenders (including where all Tender prices exceed budget), and to accept any Tender the Town considers most favorable to the Town's interests having regard to the price, the equipment, the delivery, the warranties, the availability of servicing and other matters which the Town in its sole discretion may consider. The Tenderer understands and agrees that it has no rights or claims whatsoever against the Town in the event that its Tender is not accepted and the Contract not entered into. 1.5 Amendments and Revisions: Written amendments or revisions to the Tender are acceptable, but only if received prior to the Closing Time and only if submitted in accordance with Section 1.0 hereof. Once submitted, no Tender may be withdrawn. 1.6 Issuance of Addenda: The Town may issue written Addenda to the Tender Documents changing, clarifying or interpreting the Tender Documents. Changes to or clarifications or interpretations of the Tender Documents are effective only if made by an addendum issued by the Town. Any other information or change is ineffective and does not bind the Town. 1.7 Extension of Time: The Town may, in its sole discretion, extend the Closing Time by an addendum issued not less than five (5) days before the Closing Time. 1.8 Tenderer's Responsibility: It is the sole responsibility of the Tenderer to obtain a change to or clarification or interpretation of the Tender Documents if: (a) any information necessary for a full and clear understanding of the Tender Documents is absent from the Tender Documents; (b) any conflict or error appears in the Tender Documents; or (c) the Tenderer is aware of any facts or conditions which conflict with the Tender Documents. 5 INSTRUCTIONS TO TENDERERS CONT'D. 1.9 Enquiries: All enquiries for clarifications or interpretations of the Tender Documents must be in writing and sent to the Town as follows: Brian Robinson, Manager of Public Works and Parks brobinson@sidney.ca Enquiries must be received at least 5 business days prior to the Closing Time. No addendum will be issued less than 2 business days prior to the Closing Time. 1.10 Addenda Become Part of Tender Documents: Addenda issued pursuant to these instructions become part of the Tender Documents and therefore part of the Tender, as provided in the Contract. 1.11 Irrevocability of Tenders: Tenders are irrevocable and open for acceptance by the Town for 60 days after the Closing Time, even if the Town within that time accepts another Tender. 1.12 Acceptance of Tender: Acceptance of a Tender will be communicated by the Town to the successful Tenderer in writing. 1.13 Formation of Contract: Within three weeks of notifying the successful Tenderer of the Town's acceptance of their offer, the Town will execute and deliver the Contract Document, possibly in an amended form as detailed below. 1.14 Negotiations with Tenderer: The Town reserves the right, after communicating its acceptance of a Tender, to negotiate minor amendments of the Tender with the successful Tenderer and despite such negotiations, the offer of the successful Tenderer remains irrevocable in the form submitted. END OF INSTRUCTIONS TO TENDERERS 6 TOWN OF SIDNEY ONE (1) 2023 MODEL SINGLE AXLE CAB AND CHASSIS DUMP TRUCK CONTRACT NO. 2023-007 TENDER DOCUMENTS BETWEEN: TOWN OF SIDNEY 2440 Sidney Avenue, Sidney, B.C., V8L 1Y7 (the "Town") AND: _________________________________________________ (name, including incorporation number and jurisdiction of incorporation if a corporation) _________________________________________________ (address) _________________________________________________ (telephone number) _________________________________________________ (fax number) (the "Supplier") WHEREAS: A. The Town requires one (1) new 2023 Single Axle Cab and Chassis Dump Truck; and the Supplier is willing to sell such to the Town; NOW THEREFORE in consideration of the payments and promises contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are acknowledged by both parties), the parties agree as follows: 7 TENDER DOCUMENTS CONT'D. Dump Truck: 1.0 The Supplier will sell one new 2023 Single Axle Cab and Chassis Dump Truck (the "Dump Truck") to the Town on the terms and conditions in this Agreement. The Town will buy the Dump Truck from the Supplier on the Terms and Conditions of this Agreement. ACCESSORIES: 2.0 The Supplier agrees that the Dump Truck will be delivered complete with those parts and accessories specified in Appendix "A" of this Agreement. PRICE: 3.0 The Supplier will sell the Dump Truck for the total price of $__________________ (the "Price"), in Canadian Dollars, including goods and services tax, excise taxes, duties, social services taxes and all other taxes, charges and assessments including shipping and handling costs. 4.0 If the Supplier is not registered for the purpose of remitting British Columbia Provincial Sales Tax (in which case the Supplier will pay the tax directly), then the Supplier will provide the Town, at the time of delivery of the Dump Truck, with its cheque in the amount of that tax. DELIVERY: 5.0 The Supplier will deliver the Dump Truck to the Town of Sidney Public Works Yard, located at 2285 Ocean Avenue, Sidney, B.C. 6.0. The Supplier will deliver the Dump Truck no later than ________________, 2023 (the "Delivery Date") and the Supplier acknowledges and agrees that this date is of the essence of this Agreement. 7.0 The Supplier will be solely responsible for all risks connected to the Dump Truck during delivery, including, without limiting the generality of the foregoing, risk of theft, loss, damage, deterioration and all consequential losses to the Dump Truck and otherwise. The risk passes to the Town upon actual possession of the Dump Truck being accepted by the Town pursuant to Section 8. 8 TENDER DOCUMENTS CONT'D. ACCEPTANCE: 8.0 The Town has 5 days from the date of delivery of the Dump Truck to inspect the Truck. The Town will not be required to accept the Dump Truck if: (a) the serial number on the Dump Truck does not match the one shown on the documentation for the Dump Truck; (b) the Dump Truck does not pass the commercial vehicle inspection required by the Province of British Columbia prior to vehicle registration; (c) the Dump Truck is not fit for the purpose for which it is intended; or (d) the Dump Truck is not of merchantable quality. The Town will communicate its acceptance of the Dump Truck by written notice to the Supplier, and the date on which that notice is deemed delivered pursuant to Section 25 (that date being the "Acceptance Date"). PASSING OF TITLE: 9.0. Title to the Dump Truck passes to the Town on the Acceptance Date. PAYMENT: 10.0 The Town shall pay the full contracted price, no later than 30 days after the Acceptance Date. An invoice shall not be rendered by the Supplier prior to the delivery of the Dump Truck to the destination specified in Section 5. CLEAR TITLE: 11.0 The Supplier shall sell the Dump Truck free and clear of all competing property interests or claims and all liens, charges and encumbrances, whether registered, unregistered, or possessory. The Supplier hereby represents and warrants to the Town that the Dump Truck shall be free and clear of all liens, charges and encumbrances. DOCUMENTATION: 12.0 The Supplier shall deliver with the Dump Truck all warranties, manuals, instructions and other information provided by the manufacturer. 13.0 The Supplier shall deliver with the Dump Truck all signed documentation necessary for the Town to transfer title to the Dump Truck and register it as a commercial motor vehicle in British Columbia, including a transfer document, statement of origin and proof of payment of British Columbia social service tax. 9 TENDER DOCUMENTS CONT'D. SUPPORT: 14.0 The Supplier shall provide customer support services to the Town. RIGHTS OF BUYER: 15.0 Any rights given to the Town in this Agreement are in addition to those granted by the British Columbia Sales of Goods Act and all other legislation governing the sale of personal property. MANUFACTURER'S WARRANTY: 16.0 The Supplier acknowledges that nothing in the Manufacturer's Warranty limits the Supplier's liability and obligation under this Agreement or as provided in Section 15. DELAY IN DELIVERY: 17.0 If the Supplier does not deliver the Dump Truck on or before the Delivery Date, the Town may terminate this Agreement by giving written notice of termination, which is effective as soon as it is given to the Supplier and the Supplier will be liable for all direct and indirect consequences of that default. TENDER DOCUMENTS: 18.0 The Supplier and the Town acknowledge and agree that the terms and conditions of the Tender Documents are incorporated into this Agreement and the Supplier acknowledges receiving all addendums to the Tender Documents which the Town may have issued. NO COLLUSION: 19.0 The Supplier represents and warrants to the Town that it has not colluded, conspired or consulted or acted in conjunction with any other Tenderer in the preparation or submission of its Tender. INTERPRETATION: 20.0 Wherever the singular or masculine or neuter is used in this Agreement, the same shall be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so require. 10 TENDER DOCUMENTS CONT'D. CAPTIONS: 21.0 The captions appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision thereof. COMPLIANCE WITH THE LAWS: 22.0 The Supplier shall comply fully with all laws, bylaws, regulations and orders which apply to its supply and delivery of the Dump Truck. WAIVER: 23.0 Waiver of any default by either party shall not be deemed to be a waiver of any subsequent default. ENUREMENT: 24.0 This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns. NOTICE: 25.0 Any notice, document or communication required or permitted to be given hereunder shall be in writing and shall be deemed to be satisfactory if and deemed to have occurred when: (a) sent electronically or when personally delivered, on the date of service; or (b) mailed by prepaid registered mail, on the date received or on the sixth day after receipt of mailing by any Canadian post office, whichever is the earlier, so long as the notice is mailed to the party at the address provided herein or to whatever address the parties from time to time in writing agree to. MODIFICATION: 26.0 This Agreement may not be modified except by an agreement in writing. 11 TENDER DOCUMENTS CONT'D. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day of 2023. } } __________________________________ } Authorized Signatory } } } __________________________________ } Authorized Signatory } } } __________________________________ } Mayor } } } __________________________________ } Corporate Officer END OF TENDER DOCUMENTS 12 APPENDIX “A” CONTRACT NO. 2023-007 SPECIFICATION FOR ONE (1) 2023 MODEL SINGLE AXLE CAB AND CHASSIS DUMP TRUCK To supply one (1) new 2023 Single Axle Cab and Chassis Dump Truck complete, in accordance with the following specifications and equipment for the Town of Sidney. SPECIFICATIONS Insert in blank spaces below where your product specifications may differ from those specified in the left hand column. Cab and Chassis:. Suitable to carry a 3.66m x 2.44m (12’ x 8’) 5 - 6 cu. meter dump box & under-body articulating plow Color – White Payload as delivered - state Wheel Base – State Length (max 170 inches) Back of Cab to Rear Axle – State Length Tires (6) – state size and make Mirrors – 40cm x 18cm c/w Lights, Heated w/ Convex Mirrors, power adjustable Fuel System: State tank size and location Engine: State Transmission: Automatic c/w PTO and Hydraulic pump state Rear Axle: Single speed 13 APPENDIX “A” SPECIFICATIONS CONT'D. SPECIFICATIONS Insert in blank spaces below where your product specifications may differ from those specified in the left hand column. Brakes: Air Brakes Rear (c/w spring park brake): Compressor – State C.F.M Auto Air Dryer Steering: Power Steering Instruments: Speedometer/Odometer Tachometer Fuel Gauge Volt and Amp Meter Oil Pressure Gauge & Low O/P Warning Light Oil Temperature Gauge Air Pressure Gauge & Low A/P Audible Alarm Coolant Temperature Gauge & Warning Light Transmission Temperature Gauge Run Time Hour Meter Electrical System: . External Battery Studs (jump start capable) Heater, Defroster, & AC All lights in compliance with B.C.M.V. Reg. Cab Dome Light Windshield Washers Several upfitter circuits, dash outlet, 12volt ignition and accessory switched A.M.-F.M. Radio, c/w Speakers & Antenna 14 APPENDIX “A” SPECIFICATIONS CONT'D. SPECIFICATIONS Insert in blank spaces below where your product specifications may differ from those specified in the left hand column. Hydraulic Pump: State mounting, control, rating, type of pump and tank Valve body capable of running plow & sander State where valve body will be mounted Hard lines to rear (for sander) and capped CONTROLS Controls mounted on center operations tower between the seats Air Tailgate Trip Dump Box- Power Up Master on-off control for sander 2-Dial Type Controls for sander (1 for auger & 1 for spinner) Joy-stick for under- body plow ( up, down, left right) or if equivalent state Dump Box: 5-6 cu. meter. Dump Box 3.66m. long w/Cab Protector. State box width High Lift Gate Three (3) Asphalt Doors Body Prop / Safety Grab Handles & Ladder Spreader Chains Powered Tarp System Under-Body Plow: State make and model articulating c/w rubber blade 15 APPENDIX “A” SPECIFICATIONS CONT'D. SPECIFICATIONS Insert in blank spaces below where your product specifications may differ from those specified in the left hand column. Other: Two Front Bucket Seats (driver side with air/ride suspension) Cab Assist Handles Rear Mud Flaps One set of Operating Manuals in English One set of Maintenance Manuals in English Three (3) sets of ignition keys Warranty: Please State: State Actual Delivery Date: Total Price, Including All Applicable Taxes, Shipping, Handling and Delivery Charges, Duties, Fees and Assessments. $_____________________________ Options: 1. New Model that meets all the above specifications in accordance with Section 3 2. Trade in 2004 Sterling Acterra Single Axle Dump Truck c/w under-body plow, state trade in value. $_______________________ WARRANTY: New Vehicle Warranty must state basic coverage including coverage period and type of coverage, including but not limited to, kilometers, defects, repairs, replacements and/or adjustments. END OF SPECIFICATIONS 16 SCHEDULE B – QUOTATION FORM CAB & CHASSIS DESCRIPTION Make: Model: Year: ITEM 1 PRICE Price (before trade if applicable): Environmental Levies: GST: PST: Delivery: (F.O.B to 2440 Sidney Avenue, Sidney BC) Other: (Specify) TRADE-IN (OPTIONAL) - One 2004 Sterling Acterra Single Axle Dump Truck c/w Under- Body Plow approximately 100,000 kilometers Less Trade: FINAL COST: Expiry Date of Quote: DELIVERY State delivery time and/or date after order. Dealership & Signature Name: Address: Telephone: Fax: Signature: Printed Name: E-Mail: Date: