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1.1 Purpose
The City of Dryden, through this request for proposal (RFP), intends to select chemical suppliers to
provide chemicals to the Dryden Water Treatment Plant to be used in the process of producing safe
potable water. All chemicals must be approved for use in the water treatment process and proof of
NSF Certification must be provided. The proposals will be evaluated against a predetermined set of
criteria of which price may not be the primary consideration.
*Note: Supplier of liquid Chlorine will also be providing chlorine cylinders to the City
of Dryden Recreation Centre, approximately 8 cylinders per year.
1.2 Background
The City of Dryden Drinking Water System provides potable water to the residents and businesses
in the City of Dryden. The system consists of a Class II Water Treatment Plant located at 250
Wilde Street and a Class I Water Distribution system. The City of Dryden is owner and operator of
its Drinking Water System. The raw water is drawn from Wabigoon Lake via the Dixon Rd. Low
Lift Pumping Station located at the southwest corner of the golf course.
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1.5 Liability for Errors
The City of Dryden has used considerable effort to ensure that information presented herein
reflects, with reasonable accuracy, the nature of the goods and/or services requested and its
factual components. The information is supplied as a guideline for Respondents and may not
be completely accurate, comprehensive or exhaustive. The City of Dryden does not make any
representation, warranty or guarantee as to the accuracy of the information contained
herein. It is the Respondent’s responsibility to avail itself of all necessary information to prepare a
response to this RFP. If Respondents have any questions or issues they feel need to be
addressed, contact the Project Contact.
1.6 Definitions
For the purposes of this document, the following definitions shall apply except where noted
otherwise:
2.0 SCOPE
City of Dryden Recreation Centre annual Liquid Chlorine consumption approximately – 544 Kg
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2.2 Additional Requirements
The RFP must include shipping cost to the Dryden Water Treatment Plant as well as chlorine
cylinder returns & deposit. The proposal will be for a 1-year period beginning approximately Aug.
1, 2018.
2.2 Requirements
Successful suppliers must fill out and return a “Notice to Essential Suppliers and Service Providers”
in accordance with the City of Dryden Drinking Water Quality Management System Operational
Plan. The notice is provided as “Appendix C”.
At a date and time no later than 3:00 pm, local time Wednesday, July 11th , 2018.
• Late submissions will be returned unopened.
• The Consultant shall submit two (2) sets of their Proposal in writing and an electronic
copy (USB Stick) in either PDF or MS Word format.
• All proposals must be signed by an individual authorized to bind the respondent to the
provisions of the RFP.
• Facsimiles will not be accepted.
• Proposals emailed directly to the City will not be accepted.
• The Consultants may be required to be interviewed and/or make a presentation on details
of its Proposal.
• The Consultant is asked to provide as much information as possible when replying to each
point throughout the RFP and the Consultant must identify any specific provisions with
which it is unwilling or unable to comply. Unwillingness or inability to comply with any
specific provisions in the RFP may result in the Proposal being rejected.
• A response submitted must be in sufficient detail to allow the City of Dryden to determine
the Consultant’s position from the documents received. Every effort should be made to
include complete details of services to be provided.
• Proposals should be prepared simply and economically providing a straight-forward,
concise description of the vendor’s ability to meet the requirements of the RFP.
• Bids must be legible and completed in ink or typewritten. Erasures, overwriting, strike-outs
will not be reason for rejection, provided all such changes remain legible and have been
initialed by the authorized signatory of the respondent.
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3.2 Proposal Terms
The City of Dryden reserves the right to reject any and all proposals received as a result of
this RFP. The City reserves the right to reject any or all bids, to waive or not waive informalities or
irregularities in bids or bidding procedures, and to accept or further negotiate cost, terms, or
conditions of any bid determined by the City to be in the best interests of the City even
though not the lowest bid. In the event it becomes necessary to revise any part of the RFP, addenda
will be provided. A deadline for submission of the RFP’s maybe adjusted to allow for revisions.
The last proposal received by The City of Dryden before the closing time shall supersede and
invalidate any proposal previously submitted by the Respondent. City of Dryden shall return,
unopened any submitted proposal that has been withdrawn or amended.
City of Dryden, without liability, cost or penalty, in its sole discretion, may disqualify any proposal
before the proposal is fully evaluated, if:
Proposal(s) may be withdrawn prior to closing by notification of same in writing, or in person, to the
RFP Coordinator or specified designate.
3.4 Interpretation
Wherever the amount proposed for an item does not agree with the extension of the quantity and
the unit price, the unit price shall govern and the total price shall be corrected accordingly.
Where the words "must", "shall", "will" or "mandatory" appear in this RFP, the clause is to be
considered as a mandatory requirement.
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3.5 Force Majeure
Force majeure is causes beyond a party’s control, which are not avoidable by the exercise of
reasonable foresight.
Neither party shall be responsible for any delay or failure to perform its obligations under this
agreement by reason of force majeure. If either party is unable to perform any of its obligations
in this Contract by reason of force majeure, including fire or other casualty, strike, order of a
public authority, Act of God, or other cause beyond the reasonable control of such party, then
such party shall be excused from such performance of the Contract for the duration of such cause.
In the event such inability to perform shall continue longer than 30 days, either party may
terminate this agreement without further liability by giving written notice to the other party.
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3.8 Schedule of Events
Release of RFP June 20, 2018
Last day for questions, errors or omissions from Respondents July 9, 2018
RFP Closing July 11, 2018
Award of the Contract (after approval by THE CITY OF DRYDEN) July 20, 2018
1. Only the RFP Coordinator is authorized by City of Dryden to amend or waive the
requirements of the RFP,
2. Under no circumstances shall the Respondent rely upon any information or instructions
from any other employee of City of Dryden or its agents unless the RFP Contact provides
the information or instructions in writing and,
3. Neither City of Dryden, nor their respective employees, or agents shall be responsible for
any information or instructions provided to the Respondent, except for information or
instructions provided in writing by the RFP Coordinator.
4.3 Addenda
The City of Dryden, without liability, cost or penalty may, at any time prior to the closing time
alter any details in this RFP. If this RFP is amended via addendum, the remainder of the RFP that
has not been modified shall remain unchanged.
Addenda will be distributed to all who have registered as a document taker through the City’s RFP
contact. It is the ultimate responsibility of the Respondent to ensure they have received all
addenda that have been issued by the RFP Contact. Prior to submitting their Proposal,
Respondents should check the City’s website or contact the RFP Contact to verify that they have
received all Addenda. Respondents must acknowledge receipt of addenda by signing in the
designated field(s) on APPENDIX A – RESPONDENT INFORMATION FORM or the Proposal may be
disqualified.
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5.0 GENERAL TERMS
5.1 Irrevocability
Subject to the Respondent’s right to withdraw a proposal prior to the closing time, all proposals will
be irrevocable for a period of ninety (90) days after closing of the RFP.
5.2 Subcontracting
The successful Respondent shall not assign or subcontract any part of this agreement without
prior written consent of the RFP Contact.
No permitted assignment or subcontract shall relieve the Respondent from its obligations arising
from the RFP or impose any liability upon the City of Dryden to any assignee or subcontractor.
The Respondent shall at all times be held fully responsible for the acts and omissions of the
assignee’s or subcontractor’s directors, officers, employees, independent contractors,
subcontractors, shareholders, agencies, partners and volunteers.
The City of Dryden shall not permit the Respondent to subcontract to any entity or individual
whose current or past corporate or other interests may, in the City of Dryden’s opinion, give rise to
a conflict of interest regarding the project to be undertaken or the services to be provided
pursuant to this RFP. This includes, but is not limited to, any entity or individual involved in the
preparation of the Respondent’s proposal.
Further, in addition to or in lieu of any other remedies that the City of Dryden has in law or in
equity, the City of Dryden shall have the right to terminate the agreement if the City of Dryden in
its sole discretion determines that the selected Respondent has contravened the prohibition set
forth in the preceding paragraph.
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5.3 Risk of Loss
All risk of loss or damage to property or supplies provided by the Respondent or provided by any
third parties regarding this RFP shall remain with and be upon the Respondent.
5.5 Termination
In addition to all the City of Dryden other remedies, if a selected Respondent fails to execute an
agreement within 30 days of notice of selection, the City of Dryden may, in its sole and absolute
discretion and without incurring any liability, rescind the selection of the Respondent. In the event
of failure to execute as aforesaid, or that the successful Respondent does not, in the opinion of
the City of Dryden, comply with the specifications and terms of this Contract at any time
throughout the duration of the Contract, or if the City of Dryden, in its sole and unfettered
discretion determines that either their service or the product/equipment provided by the successful
Respondent is unsatisfactory at any time during the term of the Contract, the City of Dryden
reserves the right to immediately terminate the Contract in its entirety and to remove the successful
Respondent from eligibility to submit future proposals for an indeterminate period thereafter.
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In accordance with the MFIPPA, Respondents are reminded to clearly identify in their RFP material,
any specific scientific, technical, commercial, proprietary, or similar confidential information. The
disclosure of which could cause them injury or damage, Respondents are encouraged to place all
such details and information within a separate section of their submission.
Despite the above, submission by the bidders of a proposal shall be deemed to be consent by the
bidder:
• To the disclosure of the proposal or any part thereof, to individuals in the City of
Dryden as may be necessary for reviewing and evaluating the proposal.
• To the City of Dryden making copies of the proposal for reviewing and evaluating the
proposal.
• To the retention of the proposal by the City of Dryden.
• To the public disclosure of the name of the bidder and total bid prices (unless the total bid
price is a unit price).
Unit pricing of the successful Respondent will not and cannot be provided to other
bidders.
5.9 Indemnification
The Respondent shall indemnify and save harmless the City of Dryden and the City of Dryden’s
employees, trustees and officers, independent contractors, subcontractors, agents, volunteers,
successors, and assigns, of all losses, costs, damages including but not limited to, incidental,
indirect, special and consequential damages, or any loss of use, revenue or profit by any person,
organization or entity. Liabilities include but are not limited to, all liability for damages to
property and injury to persons (including death), judgements, claims, demands, causes of action,
contracts, suits, actions or other proceedings of any kind. Any expenses including but not limited
to, legal fees for solicitor which indemnified persons, entitles or organizations or any of them, may
suffer or incur howsoever caused arising out of or regarding, in any way related to, or as a result
of:
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• Anything done or omitted to be done by the Respondent or the Respondent’s personnel
with respect to their obligations under the Contract or otherwise in connection with this
RFP, including any breach by the Respondent of its obligations under this Contract or any
breach by the Respondent representations, warranties and covenants set forth in the
Respondent proposal; and
• Any alleged infringement or infringement of any patent, copyright, trade mark, trade
secret, or other intellectual or industrial property right or contractual right or obligation of
any third party because of the purchase, use or possession of any of the services or
deliverables under this Contract.
The successful Respondent shall ensure all products and services provided in respect to this
Contract are in accordance with and under the authorization of all applicable authorities,
municipal, provincial, and federal legislation, including, but not limited to; Reg 170/03
, Workplace Safety & Insurance Act and Environmental Protection Act.
By submitting a proposal, the proponent represents that it has the legal capacity to enter into
a Contract and follows all federal, provincial and municipal laws and regulations applicable.
This competitive process, including any process Contract, shall be governed by and construed in
accordance with the laws of the Province of Ontario and the federal laws of Canada applicable
therein.
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6.2 Evaluation
The City without liability, cost or penalty, and in its sole discretion, may disqualify any proposal
before evaluation is fully completed if:
Submissions will be evaluated based on respondents who have conformed with all aspects to the
RFP and who can perform the contract requirements with integrity and reliability, which will
assure good faith performance.
Respondents must include in their submissions any relevant information that would allow the City to
accurately assess their organization with regards to evaluation criteria. No assumptions will be
made. The City shall consider each submission and after such consideration, shall have the right to
do one or more of the following:
The City reserves the right to waive formalities and accept a bid which, in the City’s discretion, is
substantially compliant.
If the City receives non-compliant proposals, the City, in its discretion, may re-issue the RFP.
The City may contact any one or more respondents to request information without any obligation to
contact or request the same information from any other respondent.
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6.3 Award
Unsuccessful respondents may request a debriefing from the RFP Contact.
It is not the intent of the City to award this project to any respondent that does not furnish
satisfactory evidence of possessing the ability and experience in this class of requirement, and
sufficient capital and resources to ensure acceptable performance and completion of the service.
The City reserves the right to reject any submitted proposal from any respondent who, in its
reasonable opinion, is deemed incapable of providing the necessary materials in a satisfactory
manner.
By submitting a proposal, the respondent acknowledges that it has read this RFP, understands it,
and agrees to be bound by its requirements. The respondent also agrees that the RFP together
with the successful respondent’s proposal will be the complete and exclusive statement of the
agreement between the City and the successful respondent, and will supersede all other
documents including contracts, purchase orders and invoices. Any minor negotiations will be
included as Addenda.
This RFP is not a tender and does not commit the City of Dryden in any way to select a preferred
respondent. The City reserves the right to: reject any or all proposals, accept any proposal or
parts thereof, or delete sections of the work, should it be deemed in the interest of the City to do
so.
6.5 Clarification/Waiver
Without prejudice to this right, the City of Dryden may seek clarification and request additional
information in relation to the proposal after the submission deadline where any Respondent's intent
is unclear and may waive or request or amend where, in the opinion of the City of Dryden there is
a minor irregularity or omission in the information that is to be submitted in a required
document.
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6.6 Right to Negotiate
After the Contract has been awarded to the successful Respondent, the City of Dryden reserves the
right to negotiate minor changes, amendments or modifications to the Respondent’s submission,
without offering the other Respondents the opportunity to amend their submissions.
An award of Contract to a successful Respondent does not constitute a general endorsement of the
Respondent’s products or services, and the award of Contract cannot be used by the successful
Respondent to promote the sale of products or services, without the express written approval of the
City of Dryden.
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7.0 PROPOSAL PRICING
7.1 Pricing
Prices entered on the bid sheet in Appendix C are to be quoted in Canadian funds exclusive of the
Harmonized Sales Tax (HST). All costs must be included in the unit cost of the item (i.e. fuel charge,
minimum order charge, shipping, administrative costs, disbursements, etc.). Freight on board (FOB)
destination shall include duty, custom clearance, exchange and all other charges. Bids received with any
extra charges over and above the item price that are not included on the bid sheet will be rejected.
Unit pricing must be provided as specified and will govern where mathematical errors may occur in the
extension of prices. Where it appears, the Respondent may have made an error in the calculation, the
City of Dryden shall consider the intent of the Respondent and may accept the proposal for consideration
and subsequent correction.
7.4 Warranty
In addition to any warranty, expressed or implied by law or otherwise and not withstanding prior
acceptance by the City of Dryden, the successful Respondent shall replace the goods without cost to the
City of Dryden. If, within a period of three (3) months following acceptance, the goods are determined to
be defective in design, material, performance, workmanship or are otherwise not in accordance with the
requirements of the Purchase Order, the successful respondent will be required to rectify the defects at no
cost to the City.
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APPENDIX A – RESPONDENT INFORMATION FORM
By filling out and signing this page the Respondent acknowledges having and understood the
requirements of this RFP. Each bid will be received with the understanding that the acceptance, in writing,
by the Respondent of the offer to furnish all or any part of the goods or services described therein shall
constitute a Contract between the Respondent and THE CITY OF DRYDEN. This shall bind the Respondent
on its part to furnish and deliver the goods or services at the prices given and in accordance with
conditions of said accepted proposal. THE CITY OF DRYDEN shall on its part take delivery of and pay
for the goods or services at the contracted prices.
2. Office Phone #
3. Toll Free #
4. Cellular #
5. Pager #
6. Fax #
7. E-mail address
8. Website
9. GST Account #
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APPENDIX B – PROPOSAL PRICING
FORM OF PROPOSAL
I/We hereby submit the following bid in Canadian funds t o provide chemical supplies for the
City of Dryden Water Treatment Plant, as described in this RFP. (1-year term)
COMPANY:
ADDRESS:
NAME (PRINT):
TITLE:
PHONE:
SIGNATURE: DATE:
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APPENDIX C - Notice to Essential Suppliers and Service Providers
This is to inform you that as of February 1st, 2010, the City of Dryden has developed and
implemented a Drinking Water Quality Management System (DWQMS).
O.REG.179/03 requires all chemicals used be ANSI or NSF certified for water treatment.
This will be provided to operating personnel upon delivery. Material Safety Data Sheets (MSDS)
will also be provided and updated as required.
O.REG. 170/03 requires all regulated water testing be performed by an accredited lab.
A certificate of accreditation will be provided as required.
Please sign this document, keep a copy for your files and return original to the City.
_________________________ __________________________
Signed Date
__________________________
Company
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