REQUEST FOR QUOTATIONS Title: KAYAKS FOR SALE - SIX USED Reference No.: 1220-40-76-10 FOR THE PURCHASE OF GOODS TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. INTRODUCTION .................................................................................................................1 ADDRESS FOR DELIVERY ................................................................................................1 DATE ...................................................................................................................................1 INQUIRIES ..........................................................................................................................1 ADDENDA ...........................................................................................................................2 DURATION OF QUOTATION ..............................................................................................2 NO CONTRACT ..................................................................................................................2 ACCEPTANCE ....................................................................................................................2 INTERESTED PARTY'S EXPENSES ..................................................................................2 INTERESTED PARTY'S QUALIFICATIONS ........................................................................3 CONFLICT OF INTEREST ..................................................................................................3 SOLICITATION OF COUNCIL MEMBERS, CITY STAFF AND CITY CONSULTANTS .......3 CONFIDENTIALITY .............................................................................................................3 SIGNATURE ........................................................................................................................3 SCHEDULE A – SPECIFICATIONS SCHEDULE B – REVENUE AGREEMENT SCHEDULE C – FORM OF QUOTATION RFQ (Goods) No. 1220-40-76-10 REQUEST FOR QUOTATIONS 1. INTRODUCTION The City of Surrey (the “City”) invites interested parties to provide a quotation on the form attached as Schedule C (the "Quotation") to purchase the goods described in Schedule A (the "Goods"). 2. ADDRESS FOR DELIVERY The Quotation should be submitted to the City at the office of: Kam Grewal, Acting Purchasing & AP Manager Address: 6645 – 148 Street Surrey, BC V3S 3C7 Fax: 604-599-0956 E-mail for PDF Files: purchasing@surrey.ca Faxed and E-mail Quotations are permitted, but an interested party bears all risk that the City's fax equipment and e-mail system function properly so that the City receives the Quotation. If the interested party prefers to submit a hard copy, the interested party will submit one original unbound Quotation and two copies (three in total). 3. DATE The City would prefer to receive Quotations on or before September 13, 2010. The City's office hours are 8:30 a.m. to 4:00 p.m., Monday to Friday, except statutory holidays. 4. INQUIRIES All inquiries related to this Request for Quotations ("RFQ") will be directed in writing to: Kam Grewal, Acting Purchasing & AP Manager at Address: 6645-148th Street Surrey, BC V3S 3C7 Fax: Telephone: Email: RFQ (Goods) No. 1220-40-76-10 604-599-0956 604-590-7274 purchasing@surrey.ca 2 5. ADDENDA If the City determines that an amendment is required to this RFQ, the City will post a written addendum on the City website at www.surrey.ca (the "City Website") and upon posting will be deemed to form part of this RFQ. Upon submitting a Quotation, interested parties will be deemed to have received notice of all addenda that are posted on the City Website. 6. DURATION OF QUOTATION The Quotation will be open for acceptance by the City until: (a) the date specified in this RFQ or in a Quotation; or (b) as described in a subsequent written notice which the interested party may send to the City. 7. NO CONTRACT This RFQ is simply an invitation for quotations (including prices and terms) for the convenience of all parties. It is not a tender and no obligations of any kind will arise from this RFQ or the submission of a Quotation. The City may negotiate changes to any terms of a Quotation, including terms in Schedules A and B and including prices, and may negotiate with one or more interested parties or may at any time invite or permit the submission of quotations (including prices and terms) from other parties who have not submitted Quotations. 8. ACCEPTANCE A Quotation will be an offer to the City which, subject to Section 6, the City may accept at any time by signing the copy of the Quotation and delivering it to the interested party. A Quotation is not accepted by the City unless and until the Authorized Signatory has signed on behalf of the City. Delivery of the signed Quotation by the City may be by fax. In that event, the contract will be comprised of the document included in Schedule B – Revenue Agreement. 9. INTERESTED PARTY’S EXPENSES Interested parties are solely responsible for their own expenses in preparing and submitting Quotations, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from the RFQ. The City will not be liable to any interested party for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, incurred by the interested party in preparing and submitting a Quotation, or participating in negotiations for a contract, or other activity related to or arising out of this RFQ. RFQ (Goods) No. 1220-40-76-10 3 10. INTERESTED PARTY’S QUALIFICATIONS By submitting a Quotation, an interested party represents that it has the expertise, qualifications, and resources to purchase the Goods. 11. CONFLICT OF INTEREST An interested party must disclose in its Quotation any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. 12. SOLICITATION OF COUNCIL MEMBERS, CITY STAFF AND CITY CONSULTANTS Interested parties and their agents will not contact any member of the City Council, City staff or City consultants with respect to this RFQ, other than the contact person named in Section 4 and in Schedule A to the RFQ, at any time prior to the award of a contract or the cancellation of this RFQ. 13. CONFIDENTIALITY All Quotations become the property of the City and will not be returned to the interested party. All Quotations will be held in confidence by the City unless otherwise required by law. Interested parties should be aware the City is a "public body" defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia. 14. SIGNATURE The legal name of the person or firm submitting the Quotation should be inserted in the Quotation. The Quotation should be signed by a person authorized to sign on behalf of the interested party and include the following: (a) If the interested party is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Quotation should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Quotation on behalf of the corporation is submitted; (b) If the interested party is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the interested party is an individual, including a sole proprietorship, the name of the individual should be included. RFQ (Goods) No. 1220-40-76-10 SCHEDULE A – SPECIFICATIONS The City of Surrey, Parks Recreation & Culture department has six used kayaks for sale to the public. Details for each of the six kayaks is provided below and each kayak is numbered #1 through #6 for ease of identification. Kayaks #1, #2 and #3 are 18 foot Nimbus polyethylene and are red in colour: Kayak #1: The hull retains its natural form and is in satisfactory shape with light surface scratches. The deck is missing a storage cover, bungee cords are broken or in need of replacing, handles are missing on the bow and stern, and the rudder system will need to be repaired in order to function properly. Overall the condition of the boat is satisfactory. Kayak #2: The hull has a few uneven sections on the very bottom with scratches. The deck is missing the handles on the bow and stern, bungee cords are broken or need to be replaced, the rudder will need to be repaired in order to function properly. Overall the condition of the boat is below satisfactory. Kayak #3: The hull has a minor dent on the very bottom below the seat with minor scratches. The deck is missing the bow and stern handles, bungee cords are in satisfactory condition but the stern bungees may need to be replaced. The rudder is in satisfactory condition but will require a tune-up to operate properly. Overall the condition of the boat is satisfactory. Kayak #4 is a 16 foot Necky Tornak and is orange in colour: Kayak #4: The hull is structurally sound with minor scratches. The deck is missing the rear hatch cover, the buckles that contain the hatches are in need of repair, the stern bungees will need to replaced, and the rudder system will need to be either replaced or repaired with new parts. Overall the condition of the boat is satisfactory. Kayak #5 is a 16 foot Necky Tornak and is red in colour: Kayak #5: The hull is structurally sound with some bigger scratches along the length of the boat. The deck will need to have the bow bungees replaced and the rudder system is in poor condition. Overall the condition of the boat is satisfactory. Kayak #6 is a 16 foot Necky Kyook and is turquoise in colour: Kayak #6: The hull has a few ripples along the middle to bow sections. The deck is in satisfactory condition and the rudder system will need to be replaced or repaired. Overall the condition of the boat is satisfactory. RFQ (Goods) No. 1220-40-76-10 5 Photographs available on-line: Photographs of the six kayaks can be found on the City of Surrey’s FTP site under file folder: Surrey Kayaks. Instructions: 1) From the web, type in ftp.surrey.ca and you’ll get the following screen: 2) Click “Page” on the menu top right, then click “Open FTP Site in Windows Explorer”. 3) Double click the “Surrey Kayaks” file folder: RFQ (Goods) No. 1220-40-76-10 6 4) 18 pictures of the kayaks are available for viewing as IMG_0xxx.JPG files: Kayak #1: 972, 973, 974 Kayak #2: 975, 976, 977 Kayak #3: 978, 979, 980 Kayak #4: 981, 982, 983 Kayak #5: 984, 985, 986 Kayak #6: 987, 988, 989 5) Double click on the picture you want to view, then you’ll be asked to log on: User name: COS Password: welcome (lower case) Repeat this log on for each picture. Viewing Time: A viewing will be held for interested parties at Elgin Heritage Park - 13723 Crescent Road on Wednesday, August 25 @ 8:30 a.m. Please confirm your attendance with the rep. listed in Section 4 Inquiries above. RFQ (Goods) No. 1220-40-76-10 SCHEDULE B – REVENUE AGREEMENT This Agreement made the _________day of ________________________, 2010. BETWEEN: (the "Purchaser") OF THE FIRST PART AND: CITY OF SURREY 14245 – 56 Avenue Surrey, BC V3X 3A2 (the "City") OF THE SECOND PART WITNESSES THAT, for good and valuable consideration now paid by the Purchaser to the City (the receipt and sufficiency whereof is hereby acknowledged by the City), the City hereby agrees to sell to the Purchaser and the Purchaser hereby agrees to buy from the City the used kayak(s) on the following terms and conditions: 1.0 DEFINITIONS AND INTERPRETATION 1.1 In this Agreement: (a) "Certificate of Delivery" means a certificate in writing from the City to the Purchaser, to be delivered by the City pursuant to this Agreement wherein the Purchaser, inter alia, confirms receipt and acceptance of the used kayak(s) from the City; (b) "Effective Date" means the date upon which the Purchaser receives a Certificate of Delivery from the City confirming receipt and acceptance by the City of the payment; (c) "Used kayak(s)" means kayaks named #1, #2, #3, #4, #5 or #6 individually; (d) "Purchase Price" means the sum of $XXX. exactly. RFQ (Goods) No. 1220-40-76-10 SCHEDULE B – Revenue Agreement 1.2 Page 2 of 6 In this Agreement, except as otherwise expressly provided: (a) "Agreement" means this agreement, including the preamble hereto, as it may from time to time be supplemented or amended and in effect; (b) all references in this Agreement to a designated "Clause" or other subdivision is to the designated Clause or other subdivision of this Agreement; (c) the words "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Clause or other subdivision; (d) the headings are for convenience only and do not form a part of this Agreement and are not intended to interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof; (e) any reference to a statute includes and is a reference to that statute and to the regulations made pursuant thereto, with all amendments made thereto and in force from time to time, and to any statute or regulations that may be passed which has the effect of supplementing or superseding that statute or regulations; and (f) any other term defined within the text of this Agreement has the meaning so ascribed. 2.0 PURCHASE PRICE 2.1 The Purchaser shall pay the Purchase Price on the Effective Date. 3.0 TITLE 3.1 Title to the used kayak(s) shall vest in the Purchaser on the Effective Date. 4.0 DELIVERY 4.1 Delivery of the used kayak(s) to the Purchaser shall be deemed to have occurred upon the receipt by the Purchaser, delivered in accordance with Clause 14.1 of a Certificate of Delivery for the used kayak(s). 5.0 RISK 5.1 The Purchaser’s investigation has been based on its own examination, knowledge, information and judgment and not upon any statement, representation, photographs or information made or given by or on behalf of the City. RFQ (Goods) No. 1220-40-76-10 SCHEDULE B – Revenue Agreement Page 3 of 6 5.2 The Purchaser shall indemnify and save harmless the City from and against all claims, actions, suits, proceedings, demands, assessments, judgment, charges, penalties, costs and expenses (including the full amount of any legal expenses invoiced to the City) which arise or are made or claimed against or suffered or incurred by the City as a result of the Purchaser's use or operation of the used kayak(s). 6.0 REPRESENTATIONS AND WARRANTIES 6.1 The Purchaser accepts the used kayak(s) in an "as is condition" and without any representation or warranty whatsoever. 7.0 NON-LIABILITY OF CITY OFFICIALS 7.1 Under no circumstances shall any officer, employee, or agent of the City acting within the course and scope of his/her City responsibility be personally liable to the Purchaser, or any party claim through or on behalf of the Purchaser, with regards to the contract, including but not limited to its negotiation, execution, performance, or termination. 8.0 TIME OF THE ESSENCE 8.1 Time is of the essence hereof. 9.0 PROPER LAW 9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the parties hereto attorn to the jurisdiction of the courts of British Columbia. 10.0 PROPER USE 10.1 The Purchaser shall not use or permit the used kayak(s) to be used in any manner for which it is not intended or which is contrary to the laws of any jurisdiction within which the used kayak(s) is situate at any time during the currency of this Agreement. 11.0 SEVERABILITY 11.1 If for any reason any provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then at the option of the City such provision will be severable from and shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 12.0 JUDGMENT 12.1 The taking of a judgment on any of the covenants or agreements contained herein shall not operate as a merger thereof or affect the City's right to interest. RFQ (Goods) No. 1220-40-76-10 SCHEDULE B – Revenue Agreement Page 4 of 6 12.2 The Purchaser will pay interest on the amount of any judgment until the amount of such judgment has been fully paid and satisfied. 13.0 WAIVER 13.1 A waiver of any of the terms, covenants, conditions, or provisions hereof or any of the obligations hereunder shall apply to the particular instance and at the particular time only, and no such waiver shall be deemed a continuing waiver. 14.0 EXECUTION 14.1 This Agreement may be executed in several counterparts, each of which when executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. The execution of this Agreement shall not become effective until all counterparts hereof have been executed by the Purchaser and the City. 14.2 This Agreement may be executed and delivered by facsimile or other means of electronic communication producing a printed copy and this Agreement shall be deemed to have been effectively executed and delivered as of the date of such transmission provided originally executed copies of this Agreement are delivered to each party hereto within 10 days thereafter. 15.0 NOTICES 15.1 Each communication to be made hereunder, including the Certificate of Delivery required to be given pursuant to this Agreement, may be made by letter, facsimile or other means of electronic communication producing a printed copy. Any communication or document to be made or delivered by one person to another pursuant to this Agreement shall (unless that other person has, by 15 days written notice to the other person, specified another address) be made or delivered to that other person as follows; (a) with respect to the Purchaser: XXXX (b) with respect to the City: CITY OF SURREY (name & title of contact person) 14245 – 56 Avenue Surrey, B.C. V3X 3A2 Fascimile: (604) In the case of any communication made by facsimile or other electronic communication such communication shall be deemed to have been made or delivered when dispatched. RFQ (Goods) No. 1220-40-76-10 SCHEDULE B – Revenue Agreement Page 5 of 6 In the case of any communication made by letter, such communication shall be deemed to have been made or delivered to the respective party and address noted above five (5) business days after being mailed by prepaid registered mail. 16.0 ENUREMENT 16.1 All grants, covenants, provisions, conditions, agreements, representations, warranties, stipulations, rights, powers, privileges and liabilities contained or provided for herein will be read, held and construed as made, undertaken and entered into by and with, granted to, imposed and binding upon, and enuring to the benefit of the parties hereto and their respective successors and assigns, as the case may be. 17.0 CERTIFICATE OF DELIEVERY 17.1 This Certificate of Delivery confirms that the interested party is in receipt of and has accepted the used kayak(s) from the City, and that the City has received payment from the interested party. IN WITNESS WHEREOF the City and Purchaser have executed this Agreement the day and year first above written. _________________________________ by its authorized signatory _________________________________ Print Name: CITY OF SURREY by its authorized signatories _________________________________ _________________________________ RFQ (Goods) No. 1220-40-76-10 Page 1 of 2 QUOTATION SCHEDULE C RFQ Title: Kayaks for Sale – Six Used RFQ No.: #1220-40-76-10 INTERESTED PARTY CITY OF SURREY Legal Name: _____________________________________ Address: ________________________________________ Phone: __________________ Fax: ____________________ Email: ___________________________________________ Acting Purchasing & AP Manager 6645 – 148 St., Surrey. BC V3S 3C7 Phone: 604-590-7274 Fax: 604-599-0956 E-mail for PDF Files: purchasing@surrey.ca 1. The interested party offers to buy from the City of Surrey the Goods for the prices plus applicable taxes as follows: F.O.B. Payment Terms: Kayaks to be picked up by interested Certified cheque for full payment to be received by the City before kayak is parties from Elgin Heritage Park. picked up. Item # Ship Via: Interested party. 1st, 2nd & 3rd Choices Item Name #1 18 foot Nimbus polyethylene red kayak ______ _____________________________________________________________________ #2 18 foot Nimbus polyethylene red kayak ______ _____________________________________________________________________ #3 18 foot Nimbus polyethylene red kayak ______ ____________________________________________________________________ #4 16 foot Necky Tornak orange kayak ______ ____________________________________________________________________ #5 16 foot Necky Tornak red kayak ______ ____________________________________________________________________ #6 16 foot Necky Kyook turquoise kayak Amount Offered _______________________ $___________________ _______________________ $___________________ _______________________ $___________________ _______________________ $__________________ _______________________ $__________________ $ HST @ 12%: CURRENCY: Canadian 2. (a) (b) (c) HST at 12% will be added to the purchase of all kayaks. If interested parties would like to purchase more than one kayak, please indicate how you will offer your pricing & choices. A copy of the contract in Schedule B above must be signed, and certified cheques will have to be produced before any kayaks can be picked up. SCHEDULE C – QUOTATION Page 2 of 2 3. If this offer is accepted by the City, such offer and acceptance will create a contract as described in: (a) the RFQ; (b) the specifications set out above and in Schedule A of the RFQ; (c) the Revenue Agreement; (d) this Quotation; and (e) other terms, if any, that are agreed to by the parties in writing. 4. Capitalized terms used and not defined in this Quotation will have the meanings given to them in the RFQ. Except as specifically modified by this Quotation, all terms, conditions, representations, warranties and covenants as set out in the RFQ will remain in full force and effect. 5. I/We the undersigned duly authorized representatives of the interested party, having received and carefully reviewed the RFQ including without limitation the Specifications and the revenue agreement, submit this Quotation in response to the RFQ. This Quotation is offered by the interested party this ___________ day of ___________________, 2010. INTERESTED PARTY I/We have the authority to bind the interested party. ________________________________________ (Legal Name of interested party) _________________________________________ (Signature of Authorized Signatory) ________________________________________ (Signature of Authorized Signatory) _________________________________________ (Print Name and Position of Authorized Signatory) ________________________________________ (Print Name and Position of Authorized Signatory) l:\purchase\q&t\2010\40-76\40-76 rfq kayaks - revenue.doc