HomeMy WebLinkAbout09 052 Airport Fueling System (Claybar Contracting Inc.) RFQ Acceptance By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 052
BEING A BY-LAW TO ACCEPT AN RFQ FOR THE INSTALLATION AND
SUPPLY OF A M3000 PRO FUELING SYSTEM FOR THE MUNICIPAL
AIRPORT, LOCATED WITHIN THE MUNICIPALITY OF KINCARDINE
(Claybar Contracting Inc.)
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so. as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person .
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Municipaiity of Kincardine is the owner of the Municipal
Airport, located on the west side of Highway #21 in the Municipality of
Kincardine;
AND WHEREAS it has been determined that the installation of a self serve
fueling system would identify a positive change to enhance customer service at
the Municipal Airport;
AND WHEREAS the Councii of The Corporation of the Municipality of Kincardine
deems it expedient to accept a quote for the installation and supply of a M3000
Pro fueling system for the Mun icipal Airport;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the quote of Claybar Contracting Inc., to install and suppiy a M3000
Pro fueling system for the Municipal Airport, in the amount of $44,501.19,
taxes included, be hereby accepted.
2. That the Mayor and CAO be hereby authorized to sign, on behalf of the
Council of The Corporation of the Municipality of Kincardine, any contracts
and other documents required to authorize such work to commence.
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Airport Fueling System (Claybar
Contracting Inc.) RFQ Acceptance By-law".
COND time this 15'h day of April, 2009.
~~~
ALLY PASSED this 15'" day of April, 2009.
~
Clerk
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wsib
3/23/2008 11:44:46 AM PAGE
1/ 001
Fax Server
,
WSIB
-c:wTARlD-
.- CSP.PAT
The Workplace Safety and Insurance Board (WSIS)
hereby waives Its nghts under Section 141 ofthe
Workplace Safely and Insurance Act to hold the
Prlnclpel, thet Is In a contraotuel agreement wilh the
Contractornemed, liable for any Seolion 1411iebllity
of the Contractor for premiums and levies of the
WS1B owing now or within 60 days from the date of
___n_ _n_;________ --- --- - - --- -lJil,-CsrtRloat..- ---- ---- ---- -- -- - --- -- - --- - -----
200 Front Street Wee'
Toronlo ON M5V 3J 1
Telephone:
(416) 344-1012
Certificate of Clearance'
Certificate de decharge
CONTRACTOR
h______ _ L~.ENTREPRENEUR__ ___
CLAYBAR CONTRACTING INC.
424 MACNAB ST
DUNDAS ON
L9H 2L3
Par la presenta, la Commission de la securlle
pl'ofessfol7nelle et de l'asSUI'8nCecontre le:s accidents
du travail (CSPAAT) renonce eux droit. quJlui sonl
conf"...s en ve/1u de fel1icie 141 de ia Loisur I.
sSCl/rRo professlonneHe al fessurance contra les
accidents du traVail et qui I'autorlsent Ii tenir
I'enfrepreneur principal, qui a signe une entente
contracluelle evec l'entrepreneur donI Ie nom figure
sur Ie present certiflcst, /'asponsable du paiement
de foufe prime ou de ioute somms que Pentrepreneur
a.t ienu d. va,.er . Ie CSPAA T ImmBdI.iemanl au
dans les 60 Jours sulvan/la dale JndJqu~e sur ce
cerlllical.
/.
"
THIS CERTIFICATE- IS VALID FOR ALL CONTRACTS OF
THE NAMED CoNTRACTOR DURING THE EFFECTIVE PERIOD
LEPRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES_PAR
LEDIT ENTREPRENEUR PENDANT LA PERI ODE D'APPLICATION DU CERTIFICAT
Acoount No.1 NO de compte
Firm No.lN'd'.nlreprls. -
9540687
681990
Valld ~ when signed by an -authorIzed OrJIcerat the WSIB.
Non vaHda sans la signature d'un agent autonsft de fa CSPAA T.
'..I':
Rale/reUX Deserl lion
4021099 INDUSTRIAL, COMMie
RatelTaux
D.scrltlon
Contract OQscrlptlcn/ Description du confret
Certificate No. / W de oel1flical
203560669
Conlact the WSIB Iryou question lhevalldlty oflhls document.
VeuJIJez communlquer aveC' fa CSPAA r sf vous doufez de/a vaHdite du present document
19056283648
01900 (07/0B)
;-.....-..
CERTIFICATE OF LIABILITY INSURANCE Date: May 26, 2008
PRODUCER HilS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMATION ONLY ANO'
Cowan Insurance Brokers Ltd. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, TI-IIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TilE COVERAGE
105 Main Street East MFORDEO BY THE POLlCtES BELOW,
'Hamilton, Ontario, L8N I G6
NAME OF INSURED INSURERS AFFORDING COVERAGE
COMP ZURICH INSURANCE COMPANY
Claybar Contracting Lnc A
424 MacNab Street lNO INSURANCE COMPANY
Dundas, Ontario B
L9H 2L3 C ELLIOTT SPECIAL RISKS LTD.
COVERAGES ,
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT
. TD WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SI;BJECTTD ALL THE TERMS. CONDITIONS IIND EXCLUSIONS OF SUCH POLICIES.
CO_ NO. TYPE OF INSURANCE POLICY EXPIRY DATE LIMITS OF INSURANCE
. NUMBER (MM/DDIYY)
COMMERCIAL GENERAL EACH OCCURRENCE $2,000,000.
LIABILlTY 8554858 May31,2008
A to PRODUCTS-COMP/OP $2,000,000.
OCCURRENCE FORM May 31,2009 AGGREGATE
PRODUCTS AND/OR
COMPLETED OPS PERSONAL & ADV $2,000,000.
CROSS LIABILITY INJURY
STANDARD NON-OWNED TENANTS LEGAL LIMIT $100,000.
AUTOMOBILE
ANNUAL AGGREGATE $17,000,000
UMBRELLA 8592108 EACH OCCURRENCE & $3,000,000
ANNUAL AGGREGATE
AUTOMOBILE LIABILITY 730504300 May 31, 2008 INCLUSIVE LIMlT $2,000,000.
to
B ALL OWNED AUTOS & May 31,2008
LEASED AUTOS
601428 May 31,2008 LIMIT $2,000,000.
C CONTRACTORS to ANNUAL AGGREGATE $2,000,000.
POLLUTION LIABILITY May 3 1,2008 LIMIT
DESCRIPTION OF OPERA TrONS: All operations usual to the Insured's Business
CERTIFICATE I-IOLDER WOULD .'JIY OP Till! i.SO'.'1! DI!SCRISm POLICIES B~ C.'.NCeLUH)
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DUE:
2:00 P.M. (Local Time)
TUESDAY, MARCH 3, 2009
Deliver To:
(and have delivery acknowledged)
John deRosenroll
Chief Administrative Officer
1475 Concession 5
RR#5
Kincardine, ON
N2Z 2X6
Tel: 519.396-3018 Fax: 519-396-8288
Website: www.kincardine.net
CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
1.0 - INFORMATION FOR BIDDERS
1.1 OVERVIEW
The Corporation of the Municipality of Kincardine invites Contractors to submit bids for the acquisition and
installation of a fuel system at the Kincardine Municipal Airport located at 1993 Highway 21, RR#2, Kincardine. All
Bidders shali familiarize themselves with all aspects of the work. Further information regarding the scope of work is
contained in section three of this document.
1.2 CLOSING DATE AND TIME REQUIREMENTS
Formal Quotation, sealed in an envelope, clearly marked with the attached return address label, will be received at
the Chief Administrative Officer's Department, 1475 Concession 5, RR #5, Kincardine, ON, N2Z 2X6 until:
2:00 P.M. LOCAL TIME - TUESDAY, MARCH 3, 2009
. Late bids will NOT be accepted and will be returned unopened to the Bidder. The Chief Administrative
Officer's Department clock determines the official closing time for this Formal Quotation.
. Facsimile (fax) or e-mail responses for this Formal Quotation will NOT be accepted.
. The Municipality reserves the right to accept any response to this Formal Quotation which it deems to be in
its own interest or to reject all Responses. Responses that are incomplete, conditional or obscure orwhich
contain additions not called for, erasures or alterations or irregularities of any kind may be rejected as
informal.
. Delivery of Formal Quotation by a courier service shall be the responsibility of the Bidder and will be rejected
if the envelope/package is delivered to a location other than which is stated in the document and the
envelope/package fails to be delivered to the Municipality prior to the closing date and time.
. Formal Quotation must be signed by the person authorized to sign on behalf of the Bidder and bind the
Bidder to statements made in the response to this Tender.
. The terms and conditions of this Formal Quotation offer shall remain firm and open for acceptance by the
Municipality of Kincardine for a period of sixty (60) days.
. The Bidder must agree to abide by all the clauses and conditions laid outin the Terms and Conditions of the
Formal Quotation.
. The Municipality reserves the right to cancel the Formal Quotation call and not accept any Formal Quotation
at all and/or re-issue the Formal Quotation in its original or revised form.
. The Municipality reserves the right to cancel this Formal Quotation call and not accept any Formal Quotation
at all if the costs exceed the budget amount.
. The Municipality reserves the right to reject any Formal Quotation that fails to comply with the response
requirements. Adherence to the response requirements is required to ensure an effective evaluation of all
Formal Quotation.
. The lowest or any Formal Quotation will not necessarily be accepted.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
1.3 RESPONSE REQUIREMENTS
The response to this Formal Quotation must be submitted in strict accordance with the requirements of this
document and is to include the following:
1.3.1 Include a signed and completed Form of Formal Quotation - Price Bid Form as required in section
4.1.
1.3.2 Include a signed and witnessed Form of Formal Quotation - Declaration as required in section 4.2.
1.3.3 Include a signed and completed Form of Formal Quotation - Bidder's Resume as required in section
4.3.
1.3.4 Include a Bid Deposit in the amount of Three Thousand dollars ($3.000\ as stipulated in section 2.15
of this document. Bid deposits must be in the form of a bid bond, cash, bank draft, irrevocable letter of
credit or certified cheque.
NOTE: Failure to include the response requirements listed above may result in your bid being disqualified.
1.4 QUESTIONS I DISCREPANCIES
Bidders who find any discrepancies or omissions in this Formal Quotation, or who have any doubt as to the intent or
meaning of anything contained therein, shall direct questions to the following:
Formal Quotation Terms and Conditions:
John deRosenroll
Chief Administrative Officer
519-396-3018
Email: cao@kincardine.net
1.5 SITE VISIT
Bidders interested in viewing the proposed airport fuel site are encouraged to contact Mr. Blake Evans, Airport
Service Provider at 519-396-4454 to make an appointment. The Airport is located at 1987 (Highway 21) just north
of the Town of Kincardine.
1.6 ADDENDA
Bidders may be advised by addenda, of required additions, deletions or alterations in the requirements of the
Formal Quotation documents. All such changes shall become an integral part of the Formal Quotation documents
and shall be allowed for in arriving at the total Formal Quotation price. Bidders shall insert and state on the Form of
Formal Quotation - Price Bid Form, in the space provided, any addenda received by them during the Formai
Quotation period. -
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CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
1.7 FORMAL QUOTATION I PROJECT SCHEDULE
The schedule for this Formal Quotation is as follows:
Issue Date:
Closing Date:
Formal Quotation Approval:
Project Start:
Project Completion:
January 21, 2009
TUESDAY, MARCH 3, 2009 @ 2:00 p.m.
March 11, 2009
April 1 , 2009
May 1, 2009
1.8 COMMENCEMENT AND COMPLETION
Bidders shall indicate, on the Form of Formal Quotation, the number of calendar days between commencement of
the work and completion of the work. The intent is to have the successful Contractor commence the project
immediately after approval.
1.9 PUBLIC OPENING
All bids will be opened and read at The Municipality of Kincardine, 1475 Concession 5, RR #5, Kincardine on the
same day and time as the closing date.
1.10 BIDDER'S CHECKLIST
To assist Bidders with completing a response to this Formal Quotation, a Bidder's Checklist is inciuded as
Appendix A of this Formal Quotation document.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
2.0 - GENERAL CONDITIONS
The following section forms an integral part of this Formal Quotation and must be considered in completing a
response to this Formal Quotation.
The Bidder must agree to abide by all the clauses and conditions laid out in this Formal Quotation.
2.1 DEFINITIONS
Wherever the words "Owner" or "Municipality" are used in these documents, it shall be understood that it means
The Corporation of the Municipality of Kincardine.
Wherever the words "satisfactory", "approved", "adequate", "suitable", or similar words or phrases are used in these
documents, it shall be understood that they mean, unless the context provides otherwise, "satisfactory to the
owner", "approved by the owner", "adequate to the Owner's satisfaction", "suitable to the Owner", etc.
Whenever the word "Formal Quotation" is used, it shall mean and include the agreement to do the work entered
into with the Corporation, the Information for Bidders, General Conditions, Scope of Work I Special Provisions,
Form of Formal Quotation, the Formal Quotation and other documents referred to or connected with the said Formal
Quotation.
Whenever the word "Bidder" is used it shall mean the individual, firm, company or corporation who have undertaken
to carry out this Contract.
Whenever the words "Successful Bidder", "Successful Contractor" or "Contractor" are used it shall mean the
individual, firm, company or corporation whom a contract is awarded against this offer.
Whenever the word "Works" is used it shall mean the execution of the whoie of the work and things required to be
done, mentioned or referred to in the Formal Quotation, the General Conditions, the Scope of Work / Special
Provisions, Formal Quotation and all other documents referred to or connected with the said Formal Quotation.
Whenever the singular or masculine is used in this document, it should be considered as if the plural or feminine
has been used where the context so requires.
2.2 WITHDRAWAL
Formal Quotation may be withdrawn at any time prior to the closing date and time at the Bidders discretion.
Withdrawal notification must be in written form, signed, and must be submitted to the Municipality. No Facsimile,
telephone calls or emails will be accepted. After the official closing date and time, all Formal Quotation received
shall be irrevocable.
2.3 AWARD OF CONTRACT
The award of this contract will be subject to approval offunding by the Municipality of Kincardine and such approval
to be finalized no later than sixty (60) days after the Formal Quotation closing. This condition is for the benefit of the
Municipality of Kincardine only and may be waived by the Municipality at any time. In no event will the successful
Contractor be permitted to alter or withdraw the bid during that time period. Should the required funding not be
approved by Municipality, the Municipality reserves the right to reject all Formal Quotation. The Formal Quotation
will be awarded in whole.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
2.4 CONTRACTOR'S RESPONSIBILITY
The successful Contractor will be held responsible for the care of the work and whatever pertains thereto from the
commencement of the same to its final completion. The successful Contractor shall be responsible for all damage
caused by their employees, their equipment or their supplies, to the Owner's property, equipment, buildings and
building contents. The successful Contractor shall employ such methods as necessary to avoid defacement or
damage to the Owner's property.
The successful Contractor shall be responsible for all injuries to persons caused by the Contractor's staff,
equipment or supplies. The successful Contractor shall indemnify and save harmless the Owner from all suits and
actions as a result of injury or death to persons; damage to the property of the Owner or others; caused by the
Contractor or their staff, resulting from any cause whatsoever deriving from the performance of their work.
2.5 DAMAGE TO CONTRACTOR'S SUPPLIES
The Municipality will not be responsible for damage to, or loss of, the successful Contractor's supplies, materials or
equipment nor to the successful Contractor's employee's personal belongings brought into the building or onto the
site.
2.6 QUALIFICATIONS AND COMPETENCY
The Owner may call upon the Bidder to show evidence that satisfactory arrangements have been made for the
procurement of any or all labour, materials and equipment required to carry out and complete the work. Materials
and equipment shall be subject to Owner's approval.
The Owner reserves the right to reject Formal Quotation from parties who are unwilling or unable to provide
evidence that they are capabie of providing the necessary labour, materials, equipment and adequate financing for
the performance of the work and the provision of the services herein contemplated. Evidence of such competency
and experience must be provided when requested by the Owner. .
2.7 PROCUREMENT OF MATERIALS
Unless otherwise specified herein, the Owner will not give any assistance in the procurement of materials or
equipment necessary for carrying out and completing the work. Should the Owner supply certain equipment to
enable the Contractor to perform the work; then such equipment must not be removed from the premises without
the Owner's written authorization.
2.8 FIRE SAFETY
The successful Contractor is expected to have on-site and available for use, a fully charged 1 Olb. ABC portable fire
extinguisher. The successful Contractor and the employees shall be familiar with the use and operation of the fire
extinguisher.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
2.9 HEALTH AND SAFETY
2.9.1 The successful Bidder is required to conform with the Occupational Health and Safety Act relating to the
performance of the contract.
2.9.2 The successful Bidder is required to have a copy of the Occupational Health and Safety Act and/or the
Industrial and Construction regulations present on the site at all times.
2.9.3 The successful Bidderwill be required to supply to the Municipality a valid Clearance Certificate issued by
the WSIB. of if applicable. a letter from WSIB verifyinQ Independent Operator's Status. A new clearance
certificate is required everv sixty (60) days.
2.9.4 The on-site supervisor or foreman supplied by the successful Bidder must be a competent person as
defined in the Occupationai Health and Safety Act.
2.9.5 The successful Bidder is required to have unexpired Material Safety Data Sheets for all Hazardous
Materials on site at all times.
2.9.6 The successful Bidder is required to label all containers of controlled products in accordance with the
Workplace Hazardous Materials Information System Regulation.
2.9.7 Where WHMIS controlled products are used, the successful Bidder is required to ensure that all their
employees have been appropriately trained.
2.9.8 When work is being performed, the successful Bidder shall ensure that all first aid requirements are met
according to the WSIB regulation. The successfui Bidder shall have the appropriate number of
employees trained in First-Aid and CPR to the number of employees working in anyone shift. The
successful Bidder will be required to supply and maintain the appropriate first-aid kits for the project. In
the event of a crlticai injury (as defined in the Occupational Health and Safety Act) the successful Bidder
shall notify the Safety and Disability Manager and the Ministry of Labour immediately.
2.9.9 The Contractor shall acknowledge compliance with the Municipality of Kincardine Health and Safety
Program by reviewing and signing the aforementioned Health and Safety compliance document.
2.9.10 The Municipality reserves the right to inspect the site at any time and recommend further actions to
safeguard the health and safety of the successful Bidder and Municipality employees.
2.9.11 The Municipality also reserves the right to cancel the contract if any provisions relating to Fire Safety or
Health and Safety are contravened or if recommendations from representatives of the Municipality are not
observed.
2.10 INSURANCE
2.10.1
COMPREHENSIVE GENERAL
The successful Bidder shall, at their expense, obtain and keep in force during the term of this
Agreement, Comprehensive General Liability Insurance satisfactory to the Corporation, including the
following:
i) a limit of liability of not less than two million dollars ($2,000,000);
i1) the Corporation shall be named as an additional insured;
iii) the policy shall contain a provision for cross liability in respect of the named insured;
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
iv) the policy shall contain a provision for contractual liability in respect of the named
insured;
Indemnitv
The Contractor agrees to fully indemnify and hold harmless the Municipality from and
against all suits, judgments, claims, demands, expenses, actions, causes of action and
losses of any kind and for any and all liability for damages to property and injury to
persons (including death) which the Municipality may incur, sustain or suffer as a result
of, arising out of or in any way related to the matters addressed in this Agreement, unless
such losses are caused solely by the Municipality's own gross negligence or willful
misconduct.
2.10.2 AUTOMOBILE
The successful Bidder shall obtain and keep in force for the duration of this contract, automobile
insurance under a standard automobile policy with limits of not less than two million dollars
($2,000,000) in respect of each vehicle.
2.10.3 PROOF OF INSURANCE
The successful Bidder shall provide, together with its executed agreement, a certificate (s) of
insurance or certified copy(ies) of the above referred to policies, satisfactory to the Corporation,
together with proof of renewal at least ten (10) days prior to expiry.
Provided that if a certificate is provided, all requirements as above set forth must be shown on the said
certificate and notwithstanding the provision of any certificate, the Corporation may require that the
Contractor provide a certified copy of the policy.
2.11 ASSIGNMENTS AND SUBCONTRACTORS
The successful Bidder shall not assign, transfer or sublet this contract or any part thereof without the written consent
of the Municipality. This contract and everything therein contained shall be binding upon the parties hereto, their
respective successors and assigns.
If the services proposed by the Contractor include the use of subcontractors, they must be identified. The
Contractor will assume full responsibility for any services provided by any subcontractor. Bidders shall indicate and
state on the Form of Formal Quotation - Price Bid Form all subcontractors doing work on this project.
2.12 INTERPRETATION
Should a dispute arise regarding the meaning or intent of the contract documents, the decision of the Owner shall
be final. The owner will be represented by the Chief Administrative Officer of the Municipality of Kincardine.
2.13 VERBAL ARRANGEMENT
In all cases of misunderstandings and disputes, verbal arrangements will not be considered. The successful Bidder
must produce written authority in support of their contentions, and shall advance no claim in the absence of such
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
written authority, or use, or attempt to use, any conversation with any parties against the Corporation, or in
prosecuting any claim against the Corporation.
2.14 BID DEPOSIT
A three thousand dollar bid deposit must be submitted in the form of a bid bond, cash, bank draft, irrevocable
letter of credit or a certified cheque issued by a Chartered Canadian Banking Institution. All bid deposits, other than
those associated with the lowest and second lowest bids, shall be returned to the applicable Bidders after
identification of the two lowest submissions. The deposit of the second lowest Bidder will be held until either a
contract Is executed orto a maximum of sixty (60) days, whichever comes first. The deposit of the lowest Bidderwill
be held until a contract is executed. The bid deposit of the successful Contractor who fails to enter into a contract
shall be forfeited to the Owner. Certified Cheques shall be made payable to the Municipality of Kincardine.
2.15 DOCUMENT REQUIREMENTS AT TIME OF CONTRACT EXECUTION
General
Subject to an award of the Formal Quotation, the successful Bidder is required to submit the following
documentation in a form satisfactory to the Municipality for execution within five (5) working days and no later than
ten (10) working days after being notified to do so:
a) Insurance documents listing all coverages and amounts as indicated.
b) Workplace Safety and Insurance Board clearance certificate.
Notwithstanding the above, the Municipality shall retain any other right that it may have in law to claim for any and all
damages that it may suffer as a result of the successful Bidder's breach of the provisions set forth in the contract.
2.16 AGREEMENT
Should the Bidder's Formal Quotation be acceptable to the Owner then the Bidder shall enter into an agreement
with the Owner. The form of Agreement shall be the sample Agreement as attached in this Formal Quotation
document.
2.17 FORMAL QUOTATION PRICE AND TAXES
All prices submitted shall be FIRM for the described project and shall inciude, without limitation, all required labour,
materials, tools, supplies, equipment and other services as described herein and elsewhere in this document. The
quoted prices must clearly show the Goods and Services Tax as a separate item. The Provincial Saies Tax (if
applicable) shall be included in the Formal Quotation price.
The price shown on the Form of Formal Quotation - Price Bid Form must be a fixed amount. If termination takes
place prior to the completion of the work, the successful Bidder's performance security will be used to assist the
Municipality against any loss that may be incurred as per the Formal Quotation.
All costs incurred by the Bidder in carrying out research, investigation or otherwise as may be necessary for the
preparation of a response to this bid, shall be borne by the Bidder and will not be chargeabie in any way to the
Municipality of Kincardine.
2.18 PAYMENTS
Payment will be at the rate of 90% of the value of the work upon certification of completion of the work in
accordance with the specifications by the Municipality. The remaining 10% will be released upon expiry of 45 days
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
following publication by the contractor of the notice of Substantial Completion, subject to the provision of the revised
Mechanics Lien Act - Bill 216, Statutes of Ontario 1983. Publication costs to be paid by the Contractor.
For final payment, the Contractor shall submit a copy of the notice of substantial completion duly published in a
trade paper with the application for release of holdback.
The Owner reserves the right to withhold any payment in the event of non-performance. The Owner will give
reasonable notice in writing prior to taking such action unless the defective work or non-performance prejudices the
safety of the project.
2.19 USE OF SITE
The Contractor shall confine their equipment, storage of materials and operations of their workmen to limits
indicated by iaws, ordinances, permits or prior arrangement with the Municipality.
The Contractor shall not unreasonably encumber the premises with any apparatus and shall leave the premises in
its original condition upon completion of the work. All debris caused by the execution of the work shall be removed
progressively from the site to appropriate disposal grounds.
2.20 APPROVALS AND PERMITS
All operations connected therewith are subject to the approval, inspection, by-laws and regulations of all municipal,
provincial, federal and authorities having jurisdiction in respect to any matter embraced in this contract.
Unless specifically stated in the Formal Quotation documents, the Contractor shall obtain and pay the fees for all
approvals and permits required for or in respect of the project.
2.21 RESTORATION
The Contractor shall be responsible for the reinstatement and repair of all disturbed and damaged areas as a result
of the work performed.
2.22 DEFECTIVE WORK AND NON-PERFORMANCE
The Owner reserves the right to correct any defective work and to deduct the cost of such work from moneys owing
on the contract. The Owner also reserves the right to withhold payment in the event of non-performance or to pay
only for that portion of the work that has been executed.
The Owner will give reasonable notice in writing prior to taking such action unless the defective work or non-
performance prejudices the safety of the project.
2.23 FAILURE TO PERFORM
If the successful Contractor fails to provide the services within the time specified, the Municipality reserves the right
to cancel the contract and obtain services from alternate sources. Any extra costs as a result of this action are to be
borne by the Contractor who defaulted in providing the services. The bid deposit of the successful Contractor who
fails to enter into a contract shall be forfeited. The Owner may claim damages as appropriate where there was no
bid deposit and the successful Contractor fails to provide the required security, fails to enter into a contract or fails to
perform this contract.
2.24 OWNER'S INSPECTION AND SUPERVISION
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP.2009-0t
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
The Municipality will be the sole judge of the adequacy and completeness of the Contractor's work as spelled out by
these contract documents. The Contractor shall remedy any defects in workmanship to the satisfaction of the
Municipality.
2.25 INCREASE OR DECREASE OF WORK
The Municipality reserves the right to vary the amount of work outlined by these documents. No variations from the
work that may result in a change to the amount of the contract will be proceeded with until the Contractor, in writing,
has obtained proper approval from the Municipality.
2.26 WARRANTY
The Contractor shall correct at their own expense, any defects in the work due to faulty products and/or
workmanship appearing within a period of one (1) year from the date of substantial completion.
2.27 DISQUALIFICATION OF BIDDER
A Bidder offering products/services to the Municipality of Kincardine certifies that it has not communicated directly or
indirectly their bid to any competitor or any other person engaged in such line of business. Any or all bids may be
rejected if Municipality of Kincardine believes that collusion exists among the Bidders. Bids in which the prices are
obviously unbalanced may be rejected.
2.28 INCOMPLETE FORMAL QUOTATION
Responses to this Formal Quotation, which do not, in the sole opinion of the Municipality of Kincardine, adequately
address all the requirements listed in this Formal Quotation, may result in a request for clarification to the Bidder or
be rejected outright, at the discretion of the Municipality of Kincardine.
2.29 FREEDOM OF INFORMATION
Any personal information collected by or on behalf of the Municipality of Kincardine under this Formal Quotation
is subject to the Municipal Freedom of Information and Protection of Privacy Act. The information provided to
the Municipality of Kincardine may be used to confirm certain information provided in the Formal Quotation for
this project. The person submitting this Formal Quotation consents to such collection and use of the
information. The person submitting this Formal Quotation acknowledges that the information contained in the
Fonmal Quotation may become public and consents to the release of that information. Any questions regarding
the collection, use, or disclosure of the information should be directed to the Clerk of the Municipality of
Kincardine.
2.30 TERMINATION
Either the Owner or the Contractor may terminate the contract for breach of contract by either party on thirty (30)
days notice in writing to the other party. The Municipality may terminate the contract if the successful Contractor
does not fulfill any part of the terms and conditions or requirements of this Formal Quotation.
In case the Contractor defaults or delays in executing the work satisfactorily, the Owner may give notice to the
Contractor in writing that the Contractor has made such default. Should the Contractor fail to remedy satisfactorily
such defaults without delay, or should the Contractor become insolvent or abandon the work or otherwise fail to
observe the provisions of the contract then and in any part of such cases, the Owner may immediately take the work
or portions thereof out of the Contractor's hands and employ person or persons such as he may see fit to complete
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
the work so taken over. In any case, the Contractor shall be chargeable with and remains liable for all loss or
damage, which may be suffered by the Owner by reason of such default.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
3.0 - SCOPE OF WORK & SPECIAL PROVISIONS
3.1 OVERVIEW
This project involves the construction of a Fuel System at the Kincardine Municipal Airport.
The contractor is responsible for supplying and completing the following:
1. Modify the existing fuel pumps and cabinets to work with automated terminal
2. Install an automated self-serve fuel system that will accept credit cards.
The Municipality will have adequate power and communications available to the fuel site location. The contractor
must assure that the system is tested, clean, calibrated, and ready for service from tank to aircraft.
Accessories:
Instructions for fuelling
Automated self-serve fuel system (Fuel master or QT Technologies)
Electronic meter heads (LCR or Midcom)
The existing electrical service to the site for fuel pump and automated self serve fuel, must be inspected by the
Contractor and noted for suitability.
In addition to the foregoing, the Contractor will also be responsible for:
1. Modifying the existing pumps and cabinets to work with the fueling terminal.
2. Mechanical meter heads currently on the fuel systems are to be replaced with electronic meter heads (LCR
or Midcom).
3. Self-Service Fueling Terminal Minimum Specifications:
Self-servicing fueling terminal with features capable of:
a) terminal with easy to understand/operate instructions
b) terminal capable of printing receipts
c) easy to use keypad or similar operating method
d) credit card capability (note this is the key feature required by the Kincardine Airport)
e) internal modem for transactions to credit card companies
f) must be able to operate in temperatures that range from extreme cold (-40C) to extreme heat (+54C)
g) system software that is compatible to standard P.C. that tracks sales data and other standard fuel sales
information
h) inventory management capabilities
i) must be a compatible installation with existing fuel pumps, cabinets and fuel tanks, at the Kincardine
Municipal Airport
4. The Contractor must provide a 100% turnkey service in this Formal Quotation.
5. The Contractor must provide operational/maintenance training to ensure that the Airport Service Provider is
abie to both operate and provide basic equipment maintenance.
In addition, the Contractor to provide a 1-800 number or equivalent for ongoing system maintenance.
3.2 MUNICIPAL REPRESENTATIVE
The Municipality's Construction Representative for this project is:
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
Blake Evans, Airport Service Provider
Phone: 519-396-4454
3.3 SCHEDULE OF MEETINGS
After the Formal Quotation has been awarded, a meeting schedule will be arranged between the Contractor and
the Municipal Representative to determine construction methods, schedules and job progress. The Municipal
Representative will be conducting meetings as appropriate with the Contractor throughout all phases of the work.
3.4 UNDERGROUND SERVICE LOCATES
It will be the responsibility of the successful Contractor to contact: Bell Canada, Cable, Kincardine Public Works
Department and Hydro One to request underground service locates. Any damage that occurs to the property of
these utilities, caused by neglect of the successful Contractor, shall be the Contractor's responsibility.
3.5 SITE SECURITY AND SAFETY
The Contractor must ensure that the site be kept safe from the public at all times. The Contractors shall take all
necessary precautions to ensure the safety of personnel and equipment use on the site. The Contractor must at
their expense provide, erect and maintain all barriers, fences or other proper protection to ensure the site is safe
and secure. All employees ofthe Contractor will be required to wear, AT ALL TIMES, steel-toed C.S.A. safety boots
and a Class B hard hat.
3.6 SUPERVISION
The provision of inspection staff by the Corporation is not to be considered by the Contractor a substitute for proper
supervision of the work. The Contractor shall provide proper supervision on site to ensure the quality of the work
and time for ccmpletion is in keeping with the contract.
3.7 REGULATIONS
Installation and equipment must conform to all relevant Federal regulations pertaining to the installation of above
ground fueling systems at small airports.
3.8 WORKING HOURS
Working hours for the contract will be restricted to between 7:00 a.m. to 9:00 p.m. local time except in the case of
emergencies. No work shall be carried out on Sunday or Statutory holidays without the written approval of the
Municipal Representative.
3.9 RESTORATION
The Contractor shall restore all disturbed areas to an equivalent or better condition than existed prior to the
commencement of the contract. Costs of all restoration shall be included in the unit price for the main work.
3.10 CLEAN UP OF SITE
The Contractor is to maintain the work site in a clean and orderly fashion at all times. During nighttime and
weekend periods when the Contractor is not working, the site is to be cleaned of all debris caused by the work and
the site left in a safe state. Proper barricades, signage and fencing must be maintained.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
3.11 WORKMANSHIP
The workmanship shall be of a uniformly high quality, not only as regards durability, efficiency and safety, but aiso
as regards to neatness of detail. Mediocre or inferior work shall be replaced by work of first class quality without
cost to the Corporation when so ordered by the Municipai Representative.
3.12 FINAL INSPECTION
The Contractor shall notify the Municipal Representative in writing when, in the Contractor's opinion, the work has
been substantially performed. The Municipal Representative will arrange a final inspection of the site with the
Contractor and associated Municipality staff.
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
4.1 - FORM OF FORMAL QUOTATION - PRICE BID FORM
I, the undersigned, have carefully read and examined the entire set of Formal Quotation documents and have
carefully examined the site and iocation of the work to be done under this contract. I, for the prices set forth in this
Formal Quotation, hereby offer to furnish all machinery, labour, tools, apparatus, materials, supplies and other
means of construction to compiete the work described and specified at the following prices:
2
UNITPRICE
$ "-I 12-D.o
. TOTAL
QTY
1
HA
SUB-TOTAL: $
G.S.T.: $
TOTAL FORMAL QUOTATIONED PRICE: $
FORM OF FORMAL QUOTATION - PRICE BID FORM CONTINUED ON NEXT PAGE
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
4.1- FORM OF FORMAL QUOTATION - PRICE BID FORM (CONTINUED),
The following items will be supplied by the Municipality of Kincardine:
1. Electrical service to the site adequate for fuel pump and automated self serve fuel. (Note: to be
inspected by the Contractor).
SUB-CONTRACTORS: (If none. indicate NIL)
The bidder shall list the names of all sub-contractors to be used in the execution of this work:
Sub-Trade
Company Name of Sub-Contractor
and Contact Name
13ec.t{'~ <.:
I agree that all costs as detailed in this Formal Quotation document are included in the total Formal Quotation price,
noted on page 15.
I will complete all work as per the contract within 7 caiendar days of commencement.
I have received and allowed for Addenda number ~ ((2,,,, 0 in preparing my Formal Quotation.
(Insert #'s or "NONE")
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Street Address
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Print Name
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Fax No. Date
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Page 16
CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
4.2 - FORM OF FORMAL QUOTATION - DECLARATION
ITO BE SIGNED AND SUBMITTED WITH FORMAL QUOTATION)
THIS FORMAL QUOTATION IS SUBMITTED BY C (Guj b ~-....v ~~d,'vvv.
TO THE MUNICIPAL.ITY OF KINCARDINE . / .... . ' :.J
1. A VL~ l~JV'7'" (1;!-'O
OF i: (Luj 6,-~ (c"",- (trO-c),'TL.:j \vu.-
DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose proper officers and the
seal is or are attached below has any interest in thts Formal Quotation or in the contract proposed to be taken.
2, I FURTHER DECLARE that this Formal Quotation is made without any connection knowledge, comparison of figures or
arrangement with any other company, firm or person making a Formal Quotation for the same project and is in ali respects tair and without
collusion or fraud.
3. I FURTHER DECLARE Ihat no, Employee of the Municipality, Elected Officials, other than the person(s) shown on the Form of
Formal Quotation, is or will become interested directly or indirectly as a contracting part or otherwise in the performance ofthe contract or in
the suppiies, work or business to which it relates or In any portion of the profits thereof, or in any such supplies to be used therein or in any
of the monies to be derived therefrom.
4. I FURTHER DECLARE that the several matters stated in the said Formai Quotation are in all respects true.
5. I FURTHER DECLARE that I have carefully examined the Formal Quotation, Information for Bidders, General Conditions, the
Scope of Work/Special Provisions, the Form of Formal Quotation, and hereby acknowledga the same to be part and parcel of any contract
to be let for the project therein described or defined and do all the work and to provide the services, materials and equipment of the project
mentioned for the prices stated on the Form of Formal Quotation - Price Bid Form.
6. I FURTHER DECLARE that i have a clear understanding of all the work involved in this contract.
7. I FURTHER DECLARE that this offer is to continue open to acceptance until the formal contract is executed by the successful
Bidder forthe said project OR for a period of sixty (60) days after the ciosing date, whichever first occurs and that the Municipality may, at
any time, within that period, without notice, accept this Formal Quotation whether any other Formal Quotation has been previously accepted.
8. I FURTHER DECLARE that the awarding of the contract based on this Formal Quotation by the Municipality shall be an
acceptance of this Formai Quotation.
9. I FURTHER DECLARE that in the event of default or failure on our part, that the Municipality shali be at Iibertyto advertise fornew
Formal Quotation, or to carry out the works in any other way they deem best, and I also agree to pay to the said Municipaiitythe difierence
between this Formal Quotation and any greater sum which the said Municipality may expend or incur by reason of such default orfailureor
by reason of such action as aforesaid, on their part, including the cost of any advertisementfornew Formal Quotation; and to indemnify and
save harmless the said Municipality and their officers from all loss, damage, cost charges and expenses which they may suffer or be put to
by reason of any such default or failure on our part.
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CORPORATION OF THE MUNICIPALIIT OF KINCARDINE
FORMAL QUOTATION NO. AP.2009-01
. FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
4.3 -FORM OF FORMAL QUOTATION - BIDDER'S RESUME
Name of Bidder's Company: C(tUj 6 ~ ("' ~rfr=,-f,~ /ILC'
How many years experience in subject industry? r Lf is) \1 evv-5 '
I
List below the three largest and most recent contracts which are similar:
COMPANY NAME
CONTACT
PHONE NO.
YEAR
p(Vv\..~
5''lej( ~
62'S R."iJ
(l 'UC2.. ~-0r ,5
D -) 21)-'1'-(
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'-f(0-~t 7-l1 ~ <{'2.~ar_
(f(. ~ -:r OcMl'e..- S I D(-7U-~z:. ~oO'l.
CA. S' . D.t Co-L
Is any beneficial Owner of the Bidders company an employee of the Municipality of Kincardine or a member of
Municipal Council? Yes: No: ~
If yes, submit the foliowing data regarding the employee:
NAME OF EMPLOYEE
POSITION
PLACE OF WORK
LOCATION
This resume has been submitted by:
kv.-t ~ r1.a.r :y{ I;/- ()
(NAME)
Ud_~~
(SIGN TU~) ~~
._m_ t:s(ff'~~/fft\-.
(TITLE) /
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
AG~E:EMENT (SAMPLE ONL Y\
This AGREEMENT made in duplicate, the _ day of in the year two thousand and nine (2009) by and between The
Corporation of The Municipality of Kincardine hereinafter called the "Municipality", AND
hereinafter called the "CONTRACTOR",
WITNESSETH that the MUNICIPALITY and the CONTRACTOR undertake and agree as follows:
ARTICLE A-1
The Contractor shall provide all the services and perform all the work described in the Contract Documents titled:
Corporation of the Municipality of Kincardine - Fuel System for Kincardine Municipal Airport (Formal Quotation
No. AP-2009-01)
The Contractor shall do and fulfill everything indicated by this Agreement.
ARTICLE A-2
The following is an exact list of Contract Documents referred to in ARTICLE A-1, hereto annexed and signed in duplicate by both parties,
which are to be read into and form part of this Agreement.
Contractor's complete Formal Quotation response inciuding:
1.0 - Information to Bidders 2.0 - General Conditions
3.0 - Scope of Work/Special Provisions 4.0 - Form of Formal Quotation
Insurance Certificate(s) WSIB Certificate
ARTICLE A-3
The Municipality of Kincardine agrees to pay the Contractor, in lawful money of Canada in accordance with the Form of Formal Quotation-
Price Bid Form inciuded in these contract documents and summarized below:
$
The date of commencement of the Contract wiil be
and it shall terminate on
All written communications between the parties are deemed to have been received by the addressee if sent to:
The Office of the Chief Administrative Officer, Municipality of Kincardine, 1475 Concession 5,
RR #5, Kincardine, ON N2Z 2X6
This Agreement along with the Contract Documents constitute the Contract between the parties, and it shall be to their benefit and be
binding upon them, their successors, executors, and administrators.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their
corporate seals to be affixed, attested by the signature of their proper officers, as the case may be.
SIGNED, SEALED AND DELIVERED
in presence of
(Address)
(
)
(
)
(
)
(
)
(
)
(
(SAMPLE ONLY)
(Contractor) (Name)
I have the authority to bind the Corporation
(Witness as to Signature of Contractor or Seal)
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(SAMPLE ONLY)
(Chief Administrative Officer)
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FORMAL QUOTATION NO. AP-2009-01
FUEL SYSTEM FOR KINCARDINE MUNICIPAL AIRPORT
APPENDIX A
BIDDER'S CHECKLIST
This checklist is provided for the convenience of the Bidder to ensure that all required documents have been
completed and enclosed in the Formal Quotation envelope.
Please check ('V) the items required and return with your Formal Quotation.
Signed and completed Form of Formal Quotation - Price Bid Form
All Addenda acknowledged on the Form of Formal Quotation - Price Bid Form
Signed and witnessed Form of Formal Quotation - Declaration
Signed and completed Form of Formal Quotation - Bidder's Resume
Bid Deposit (cash, bank draft, irrevocable letter of credit or certified cheque) in the amount of three
thousand dollars ($3,000)
Page 21