FORM OF TENDER 21/2016 SUPPLY AND DELIVER UP TO THREE (3) NEW ZERO-TURN RIDING MOWERS

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FORM OF TENDER 21/2016 SUPPLY AND DELIVER UP TO THREE (3) NEW ZERO-TURN RIDING MOWERS For The Corporation of the City of Thunder Bay -- Fleet Services Section -- Legal Name of Firm Mailing Address City Postal Code Telephone Number Cellular No. Fax Number Name of Contact Person Print Name E-Mail Address Signature of Authorized Official Date This form must be completed, signed and received on or before the date and time specified, or your tender will not be considered. Closing Date and Time 12:00 noon, local time Tuesday, May 17, 2016 Tenders are to be Delivered to: City of Thunder Bay Supply Management Victoriaville Civic Centre (main floor) 111 Syndicate Avenue South Thunder Bay, ON P7E 6S4 THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED

Page 2 of 12 INFORMATION TO BIDDERS Definitions Bidder(s)/Contractor(s): means all persons, partnerships or corporations who respond to this tender and includes their heirs, successors, and permitted assigns. City\Owner: means The Corporation of the City of Thunder Bay. Contract: means the agreement to be entered into between the Successful Bidder and the City with respect to the supply of the Goods and or Services. It shall be based upon this Form of Tender, with any agreed upon amendments, and shall include any plans and specifications and will be held to cover the supply of any and all work, labour, implements and materials that could be reasonably required to properly and satisfactorily supply the Goods or Services. Contract Administrator: means the person, partnership, or Corporation designated by the Owner to be the Owner s representative for the purposes of this contract. Form of Tender: means this Tender document including all schedules, parts and attachments, as issued by the City, including any addenda or amendments made to it after initial issue. May: Used in this document denotes permissive. Must/Shall/Will: Used in this document denotes imperative. Successful Bidder/Contractor/Proponent: means the Proponent/Contractor/Bidder who s tender is/are accepted and who has/have agreed to supply the Goods and/or Services as outlined herein. Document Fee: The City charges a non-refundable fee of $35.00 (inclusive of taxes) for documents payable by cheque, cash or debit. If downloaded, the fee is to be included in the submission. Submission Bidders are to submit two (2) identical copies of their bid to the City Supply Management Office at 111 S. Syndicate Avenue, Victoriaville Civic Centre (Main floor), Thunder Bay, Ontario, P7E 6S4. One (1) copy should be clearly marked Original. Bids are to be submitted on the tender document provided and are to be sealed in the preprinted tender envelope or with the return label affixed to the outside of the envelope when provided. Consideration will be given to your tender if received in the Supply Management Office not later than the date and time shown on the front page. Tender will be opened publicly in the board room of Supply Management Office, Victoriaville Civic Centre at 2:30 p.m. of the same day. Facsimile, e-mail, or telephone submissions will not be accepted.

Page 3 of 12 Late Submissions Tenders received after the deadline will not be considered. The City will assume no responsibility for submissions that do not arrive in the Supply Management Office by the specified closing date and time. Late submissions will be returned unopened to the bidder. Submissions in English All submissions are to be in English. Any submission received by the City that is not entirely in the English language may be disqualified. Grounds for Disqualification of Submission The City will disqualify or deem submissions non-compliant for the following reasons, unless otherwise noted in this document: Failure to submit documents in accordance with the closing date and time on the cover page or subsequent agenda. Failure to complete and sign tender on the form provided. Failure to comply with any of the mandatory requirements. Unauthorized changes to bid document. Litigation No bid shall be accepted from any Contractor, its principals, directors or any officer of that firm, or another related person (as determined by the Manager Supply Management, in his or her sole and unreviewable discretion), with whom the City is engaged in unresolved litigation. Questions/Inquiries Communications concerning this Form of Tender are to be in writing and directed to; Vicki Gagné-Smith (or designate) Supply Management Phone (807) 625-2614 - Fax (807) 622-0181 E-mail: vgagne-smith@thunderbay.ca Inquiries must not be directed to other City employees or Elected Officials. Directing inquiries to other than those designated may result in your bid being rejected. The deadline for questions/inquiries will be Tuesday, May 10, 2016 at 12:00 noon, local time. All clarification requests are to be sent in writing to the individual mentioned above. No clarification requests will be accepted by telephone.

Page 4 of 12 Acknowledgement of Addenda Any and all changes will be issued by Supply Management in the form of a written addendum. If addenda are issued, their receipt is to be acknowledged by the bidder in the appropriate section of the tender document. The City will assume no responsibility for oral instructions or suggestions. Addenda will be provided to all who have registered with the City Supply Management Office as well will be posted on the City s website for download www.thunderbay.ca/supply. It is the bidder s responsibility to check the website prior to closing for any issued addenda. The City will assume no responsibility for any addendum not received. All bidders are to indicate and confirm the following on the line below: Number of Addenda received: Review of Requirements All bidders should carefully review this solicitation for defects or questionable matter. Comments or the need for clarification must be made in writing. Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of Supply Management as per the terms set out in this tender. Submissions shall be in accordance with City of Thunder Bay Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations and the City by-law Number 113-2011. For additional information about the City of Thunder Bay and its policies and by-laws visit www.thunderbay.ca. References The submission of a tender authorizes the City to contact all references provided. Failure to provide references & details of experience may result in this submission not being considered. Qualifications Submissions will be evaluated from firms or individuals that can demonstrate that they have the necessary staffing, facilities, experience, ability and financial resources to perform the work in a satisfactory manner. Proven track record must be demonstrated. The City reserves the right to inspect the bidder s facility and to perform such investigations as may be deemed necessary to insure that competent personnel and management and suitable equipment/material will be used in the performance of this contract. Freedom of Information All submissions to the City become the property of the City, and as such, are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. This will confirm that the City will not use/disclose the information provided, without proper authorization, and will keep the information in a physically secure location to which access is given only to staff requiring access.

Page 5 of 12 Rights Reserved by the City Submission of a tender indicates acceptance by the firm of the conditions contained in this tender, unless clearly and specifically noted in the document and in any contract between the City and the firm(s) selected. The City reserves the right without prejudice to accept or reject any or all submissions and to waive technical defects, irregularities, formalities and omissions at its sole discretion, if in doing so, the best interest of the City will be served. The City may, in its discretion, take any one or more of the following steps, at any time and from time to time, in connection with the review of a tender: independently consider, investigate, research, analyze, request or verify any information of documentation whether or not contained in any tender; conduct reference checks relevant to the tender with any or all of the references cited in a tender, or with any other person not listed in a tender, to verify any and all information regarding a bid, including its directors, officers and Key Individuals; conduct any background investigations that it considers necessary in the course of the competitive bid process; The basis of award is subject to budget availability and or Council approval. The City is not responsible for any costs incurred by the bidders in the preparation of their response to the tender. The City will not accept responsibility for any delays or costs with any reviews or approval process. The City reserves the right to be the sole judge of the acceptability of the equipment offered, and to purchase the equipment which in its opinion most closely meets the operating requirements of the using department. The City, unless it otherwise states, reserves the right to award by item, or part thereof, groups of items or all items of the tender, and to award contracts to one or more bidders submitting identical bids as to price; to reject any and all submissions in whole or in part; to waive technical defects, irregularities and omissions, and to negotiate minor changes, if in so doing, the best interests of the City will be served. The City reserves the right to award this contract in whole or in part without recourse or penalty that which is deemed most advantageous to the City. The City reserves the right to cancel this tender without cause and without incurring any liability whatsoever if deemed in the best interest of the City to do so. The City reserves the right to terminate the contract without notice if due to non-performance and unsatisfactory service and unsatisfactory product performance. The City reserves the right to call in alternate services if the proponent is unable to provide the service when it is requested. Attachments Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations Certificate of Insurance Template Undertaking to Comply

Page 6 of 12 Indemnity The successful bidder shall indemnify and hold the City harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any acts or omissions either in negligence or in nuisance whether wilful or otherwise by the bidder, it s agents, officers, employees or other persons for whom the bidder is legally responsible. Insurance The successful proponent shall, at its own expense, obtain and maintain until the termination of the contract, and provide the City with evidence of: Comprehensive general liability insurance on an occurrence basis for an amount not less than Five Million ($5,000,000 dollars) and shall include the City as an additional insured with respect to the City s operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners' and contractors' protective, products and completed operations, contingent employers liability, cross liability and severability of interest clauses; Automobile liability insurance for an amount not less than Five Million ($5,000,000) dollars on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The City reserves the right to request such higher limits of insurance or other types of policies appropriate to the work as the City may reasonably require. The successful proponent shall not commence work until such time as evidence of insurance has been filed with and approved by the Manager Supply Management for the City. The successful Firm shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. Workplace Safety and Insurance Act (From Successful Contractor Only) The Contractor shall also furnish evidence of compliance with all requirements of the Workplace Safety & Insurance Act with a Certificate of Clearance. In Reference To Workplace Safety & Insurance Act (From Successful Contractor Only) The City requires all contractors, exempt contractors and independent operators to have a Status Ruling done from the WSIB prior to any work being carried out for the City. Any contractor deemed to be WSIB exempt, not required by law, an independent operator or ineligible for a clearance certificate must provide an equivalent professional liability insurance policy that includes coverage not limited to loss of earnings benefits and health care coverage. The City may not issue a purchase order until the appropriate requirements have been satisfied. It is also the responsibility of the contractor to ensure that coverage does not lapse for the entire duration of the contract. Upon expiry of a clearance certificate a valid certificate should be forwarded to the City.

Page 7 of 12 SPECIFICATIONS - In General The City of Thunder Bay requires Up to Three (3) NEW ZERO TURN RIDING MOWERS, all in accordance with the attached Specifications, Scope of Work and The City of Thunder Bay Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations. The model to be supplied must be new 2016 models. Bidders must certify that the models offered are current year's manufacture. For purposes of tender evaluation, the total cost of the base price as specified in the tender, excluding options, will be considered, although optional items may be added or deleted as deemed necessary by the Corporation. The specifications in this request are the basic minimum requirements that are necessary to obtain the desired performance, reliability and low cost of operation and maintenance. For purposes of evaluation the total cost of the base equipment as specified in the tender, excluding options, will be considered, although optional items may be added or deleted as deemed necessary by the City. All equipment specified in this Form of Tender may be subject to Approval by City Council and Budget Funding. The equipment shall be new and the latest models available including the latest modifications available at the time of purchase. First class quality workmanship and material are required throughout. No defective, unsound or improper material or equipment for workmanship shall enter into the work or be brought on the premises. Health & Safety The City recognizes and promotes good health and safety in order to prevent injuries and occupational illnesses. Successful bidder(s) must be prepared and will be expected to demonstrate, illustrate and make aware of all applicable features of the equipment being purchased by the City in regards to health and safety concerns. Safety Features The equipment supplied must meet all municipal, provincial and federal regulations which are in effect on the date of manufacture of the unit. Delivery, Acceptance and Payment It is anticipated the award will be made within five (5) calendar days of the closing of this tender. The City will not make any payment until all items/terms applicable to this tender have been included/completed to the entire satisfaction of the City. Vendor(s) shall not assume that physical delivery to the City implies full acceptance of the unit.

Page 8 of 12 SPECIFICATIONS In Detail All items that are not being fully compliant are to be fully documented by the bidder. The onus is on the bidder to prove compliancy and there will be no requirement for the City to research any aspects of your response to determine equivalency or compliance. Bidders shall fill out confirmation and/or comments of each and every corresponding item as indicated. Failure to complete such confirmation may result in the unacceptability of this tender. 1.0 ENGINE 1.1 Commercial Grade Air cooled Gasoline STATE 1.2 27 hp approx. STATE 1.3 Displacement STATE 1.4 Heavy duty engine air filter 1.5 Starting system - 12 volt 1.6 Oil filter - integral, replaceable spin on type 1.7 Engine compartment covered with tilt up hood for maintenance access 1.8 Low emission engine 2.0 TRACTOR CHASSIS 2.1 Heavy duty commercial construction 2.2 Tractor to have a standard foldable - 2 position lock ROPS STATE 2.3 Premium high back adjustable suspension seat with arm rests 2.4 Dynamic braking with lever controlled parking brake 2.5 Greaseable front axle bearings 2.6 Supply Cup holder 2.7 Supply standard Tool box 2.8 Heavy duty bumper assembly 3.0 ELECTRICAL SYSTEM CONFIRMATION/ COMMENTS

Page 9 of 12 3.1 Supply hour meter/tachometer/service minder. 4.0 TRANSMISSION 4.1 Forward: 0 to17 km/h variable shifting STATE 4.2 Reverse: 0 to 8 km/h variable shifting STATE 5.0 PTO 5.1 Engagement Type - electric STATE 6.0 STEERING 6.1 Steering wheel control 6.2 Power steering pivoting front axle 6.3 Tilt/adjustable position steering wheel control 7.0 SPEED CONTROL 7.1 Foot control 8.0 FUEL CAPACITY 8.1 Twin fuel tanks with fuel gauge STATE CAPACITY 9.0 DIMENSIONS 9.1 Wheel base STATE 9.2 Ground clearance at closest point (without mower deck STATE 9.3 Overall length (without mower deck) STATE 9.4 Overall width (without mower deck) STATE 9.5 Tractor weight (without mower deck) STATE 10.0 TIRES 10.1 Wide track turf type tires (self-cleaning) with demountable painted steel wheels 11.0 MOWER DECK ASSEMBLY 11.1 Commercial steel side discharge deck with steel reinforcement STATE GAUGE 11.2 Anti-scalp rollers front and rear provide smoother cut, guard against scalping

Page 10 of 12 11.3 Adjustable cutting height, 25 to 125 mm 11.7 Foot Pedal spring assist deck lift. 11.8 Number of blades three (3) 11.9 Cutting width 1524 mm 11.10 Bearings - greaseable (through spindles) 11.11 Discharge - side chute, hinged, right 12.0 MANUALS 12.1 One (1) Operator s manual per machine delivered and one (1) Shop repair manual to be supplied per order. 12.2 A complete list of maintenance components, filters, belts, hoses, etc. to be supplied 12.3 A list of any special tools required for servicing of the unit shall be supplied 12.4 All manuals and maintenance lists must accompany the vehicle upon delivery for the delivery to be considered complete. 12.5 The City reserves the right to withhold $200.00 each from the quoted price until all manuals have been delivered. 13.0 WARRANTY 13.1 The performance and material warranty should be fully stated and attached to the tender. All Technical Service Bulletins (TSB s) applicable to unit offered are to be supplied and forwarded as they are issued to: City of Thunder Bay Fleet Services Section 155 Front Street (PO Box 800) Thunder Bay, Ontario P7A 7W7 Attention: Jim Suffak, Manager Fleet Services Phone: (807) 684-2719 Fax: (807) 345-1909

Page 11 of 12 Brochures The Manufacturer s standard descriptive literature/brochures must accompany the tender form including pictures and important features clearly marked. Warranty The performance and material warranty should be fully stated and attached to the tender submission. The Dealer should supply a full description of all extended warranties available including any additional costs. Demonstration (if required) If requested, bidders must provide a trial demonstration in Thunder Bay of the unit(s) being offered, without additional charge to the City of Thunder Bay. PARTS AND SERVICE State Full particulars regarding Parts, Service and Warranties included or available as options: A Parts and Service Depot for all components must be located and maintained in the Thunder Bay area. State Name and Address of Thunder Bay Warranty Service Depot: List similar equipment in Thunder Bay and elsewhere where vendor equipment is currently used complete with contact information:

Page 12 of 12 PRICING SCHEDULE SUPPLY AND DELIVER UP TO THREE (3) NEW ZERO TURN RIDING MOWERS For The Corporation of the City of Thunder Bay I/We, the undersigned, do hereby tender and offer to enter into contract with the City of Thunder Bay for the Supply and Delivery of Up to Three (3) NEW ZERO TURN RIDING MOWERS in accordance with the attached City of Thunder Bay Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations and all the specifications and terms of the City's tender which are set forth below and attached at the prices indicated in the space provided for that purpose, all to the entire satisfaction of the Manager - Supply Management or his appointed agent. The price(s) quoted include all duty, taxes (other than HST), customs, clearances, cartage, freight and all other charges now or hereafter imposed or in force and is a Total Firm Price. Harmonized Sales Tax (HST) is to be extra, and shown separately on invoicing. Prices are to be FOB Destination, no additional shipping or handling charges permitted. All pricing is to be in Canadian Funds. A CASH DISCOUNT of % will be allowed if accounts are paid within 20 (twenty) days after the receipt of the invoice in Accounts Payable (address as shown on the purchase order) for goods or services that are acceptable. Terms of Payment (cash discount) will be taken into consideration as part of the award and the City will not consider cash discounts for payment periods less than 20 days. Prices are to remain FIRM for a period of ninety (90) days from date of tender closing for evaluation and award. Prices are to remain firm for the duration of the contract. I/We agree that the City has the right to purchase that equipment which in its opinion most closely conforms to operating conditions. I/We offer Up to THREE (3) NEW ZERO TURN RIDING MOWERS (MAKE) (MODEL) (YEAR) FOR A FIRM PRICE OF $ /EACH HST EXTRA

From: Ph: City of Thunder Bay Supply Management Division Victoriaville Civic Centre 111 Syndicate Ave S (main floor) THUNDER BAY ON P7E 6S4 CLOSING DATE TENDER # When Downloading Tender Documents, cut or fold this page in half and Affix this ADDRESS LABEL to your tender submission envelope. Please indicate the Tender #. Also include your firm s name in the top left corner.