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Request for Proposal (RFP)

Scalehouse Software Solution

Tender #: MODC-T-2019-008

Due: November 4, 2019

3:00 PM (AST)

151 King Street

Chester, Nova Scotia

B0J 1J0

pmyra

Typewritten text

Addendum 1 attached (page 27)

MODC-T-2019-008 Municipality of Chester

2019-10-04 2

NOVA SCOTIA’S TREASURE

Table of Contents

Solicitation

Scope .................................................................................................................................................................................... 4

Background ..................................................................................................................................................................... 4

Current Operation ......................................................................................................................................................... 5

Annual Tonnage .................................................................................................................................... 5

Processing Metrics ................................................................................................................................ 5

Scalehouse System ................................................................................................................................ 6

Goal ................................................................................................................................................................................... 6

Bidder Instructions ........................................................................................................................................................... 7

Proposal Content and Format .................................................................................................................................... 7

Submission...................................................................................................................................................................... 7

Contact ............................................................................................................................................................................. 7

Evaluation ....................................................................................................................................................................... 8

Award ................................................................................................................................................................................ 8

Schedule .......................................................................................................................................................................... 8

Vendor Qualifications....................................................................................................................................................... 9

Requirements and Specifications ................................................................................................................................. 9

Mandatory ....................................................................................................................................................................... 9

Desired ........................................................................................................................................................................... 10

Implementation and Support ...................................................................................................................................... 10

Pricing Structure ............................................................................................................................................................... 11

General Terms and Conditions

Definitions ......................................................................................................................................................................... 12

1 Date, Time and Place of Closing and Opening; Late Bids ............................................................................ 13

3 Methods of Submission ........................................................................................................................................ 13

3.1 General ................................................................................................................................................................. 13

3.2 Paper Bids ............................................................................................................................................................ 13

4 Obtaining Documents ........................................................................................................................................... 14

5 Vendor Registration ............................................................................................................................................... 14


2019-10-04 3

6 Liability for Costs ................................................................................................................................................... 15

7 Alternative Bids; Altering Bids Already Submitted ........................................................................................ 15

8 Supporting Documents ......................................................................................................................................... 16

9 Unit Prices and Extensions; Taxes excluded; Currency; Shipping costs................................................... 16

10 Duration of Bid/Award Prices ............................................................................................................................. 16

11 Payment Terms and Discounts ........................................................................................................................... 16

12 Delivery ...................................................................................................................................................................... 17

13 Quality / Complete Product ................................................................................................................................. 17

14 Substitutions and Equivalents, Discontinued Items ...................................................................................... 17

15 Standards and Certification ................................................................................................................................ 18

16 Addenda, Corrections or Extensions of the Solicitation .............................................................................. 18

17 Environmental Considerations ........................................................................................................................... 18

18 Warranty ................................................................................................................................................................... 18

19 No Restrictions on Fair Use ................................................................................................................................. 19

20 Subcontractors and Consortium Bids ............................................................................................................... 19

21 Right to Reject; Financial Stability; Non-Compliance ................................................................................... 19

22 Cancellation; No Award ......................................................................................................................................... 20

23 Governing Laws and Trade Agreements; Local Preference ......................................................................... 20

24 Confidentiality and Freedom of Information .................................................................................................. 21

25 Bidders Located Outside Canada ....................................................................................................................... 21

26 Enquiries and Contacts ......................................................................................................................................... 22

27 Accuracy of the Solicitation; Right to Clarify ................................................................................................... 22

28 Language .................................................................................................................................................................. 23

29 Eligibility and Conflict of Interest ...................................................................................................................... 23

30 Extension to the Broader Public Sector ........................................................................................................... 23

Appendix

A. Authorization ........................................................................................................................................................... 24

B. Purchase Agreement ............................................................................................................................................. 25


2019-10-04 4

Solicitation Scope

Background

The Municipality of Chester owns and operates the Kaizer Meadow Environmental Management Centre

(KMEMC), which is located on an 800-acre parcel of land 20 minutes northeast of the seaside Village of

Chester. The KMEMC has four major components:

• A Solid Waste Management Facility that includes the management of a curbside collection

contract, closed first-generation landfill, an active second-generation landfill, construction and

demolition material, household hazardous waste (HHW), and septic waste treatment facility

(https://chester.ca/waste-recycling).

• An Eco-Industrial Park for green business.

• A COMFIT wind energy tower with onsite primitive campground (https://chester.ca/recreation-

parks/camping).

• Natural woodland with a variety of forest stands, wetlands, hauling roads and trails.

To enter and exit the Solid Waste Management Facility, vehicles pass over a bi-directional single-lane

deck scale. Weights, types and sources of incoming waste are recorded by the scalehouse operator.

The operator is responsible for collecting various tipping fees, preparing slips and invoices, and

generating a variety of reports.

The scalehouse is physically located at:

450 Kaizer Meadow Road, Sherwood, Nova Scotia approximately 17 km north of Exit 8, Highway

#103 (https://goo.gl/maps/j22oyDfuCJDWCA6h9).

Figure 1. KMEMC Aerial

https://chester.ca/waste-recycling

https://chester.ca/recreation-parks/camping

https://chester.ca/recreation-parks/camping

https://goo.gl/maps/j22oyDfuCJDWCA6h9


2019-10-04 5

Figure 2. Entry Lane

Figure 3. Deck

Current Operation

Annual Tonnage

Service Area Annual Tonnage

Municipality of Chester 15,000

Lunenburg Municipality and Town of 10,000

Halifax Municipality (Recycling Materials) 7,500

Annapolis Valley 20,500

Processing Metrics

Operation Annual Volume

C&D (Mixed) • 500 deliveries • 1,000 tonnes

C&D (Wood) • 250 tonnes (dirty wood used as cover) • 1,000 tonnes (clean wood chipped)

Household Hazardous Waste • 1,100 drop offs • 85 drums

Landfill • 5,000 truck deliveries

Recycling Coordination • 3,000 invoices

Transfer Station • 160 organics trips • 250 recyclable (blue bag) trips


2019-10-04 6

Scalehouse System

Manufacturer Model Installation Comments

Deck Avery Weigh-Tronix BMS 8011 2011-11 Single bi-directional lane.

Indicator Avery Weigh-Tronix ZM405 2019-07-27 Unit replaces a Weigh-Tronix WI-127 indicator. Scalehouse operator reads the display and manually enters weight data for each transaction.

CCTV Hikvision DS-7308HQH1-SH

2018-02 Includes digital video recorder, monitor and three cameras for lane entry, deck and sorting stations.

Software QC’s Computer Consulting

Custom 2006? Based on Microsoft Access. Average of 5,000 transactions per year.

Goal

The goal of this Request for Proposal (RFP) is the provision of all labor, equipment, and materials

necessary to supply and install for the Municipality of the District of Chester a Scalehouse Software

Solution at the Kaizer Meadow Environmental Management Centre. Specifically, we are seeking to

replace our current scalehouse software, that is aging out and is no longer supported, with a

commercial off-the-shelf (COTS) software solution. We are hoping to increase service capacity in the

process by deploying features to automate data entry and enhance electronic recordkeeping and

reporting.

The proponent will be required to:

1. Install, configure, test and implement scalehouse management software (and any necessary

hardware components) in conformance with industry standards and best practices that meet or

exceed the mandatory specifications supplied in this Solicitation.

2. Train designated KMEMC staff to administer and operate the system.

3. Provide technical support as requested.

4. Ensure periodic system security, performance and feature upgrades.

This RFP is issued as an Open Competition (Public Tender) for Low Value Procurement of Goods less

than or equal to $25,000 under Municipal Procurement Policy P-04 s. 4.1.

https://webfiche.district.chester.ns.ca/WebLink/Browse.aspx?id=93019&dbid=0&repo=CHESTER


2019-10-04 7

Bidder Instructions

Proposal Content and Format

1. Proposals must include the following sections:

a. Cover letter

b. Vendor qualifications

c. Specifications and requirements

d. Implementation and support (Include detailed project management work breakdown

structure with anticipated tasks, timelines and resources required to install, test and train

users on the system)

e. Pricing structure

f. Insurance (General Terms and Conditions 22.4)

g. Signed authorization (Appendix A)

2. Proposals should include any recommendations, opportunities or insights that the proponent

believes will add value to the proposed solution and may be submitted as Alternative Bids.

Submission

1. Submit four (4) hard copies of the proposal and one (1) digital copy on a USB drive, in a sealed

envelope, clearly marked:

MODC-T-2019-008 RFP Scalehouse Software Solution addressed to:

Pamela Mya, Municipal Clerk

Municipality of Chester

PO Box 369, 151 King Street, Chester, Nova Scotia B0J 1J0

2. Proposals will be received at the tax office during regular business hours only (8:30 a.m. to 4:30

p.m.) and no later than 3:00 p.m., November 4, 2019.

3. Fax Bids or E-bids are not acceptable for this Solicitation.

4. All submissions will be formally opened and reviewed for completeness and costs at the Municipal

Office, 151 King Street, Chester, on the same day and time as the closing date.

Contact

1. Enquiries regarding the Solicitation must be made to:

Christa Rafuse, P. Eng., CSS

Director, Solid Waste

902-275-4140

[email protected]

2. The Solicitation number MODC-T-2019-008 RFP must be quoted on any correspondence.

mailto:[email protected]


2019-10-04 8

Evaluation

1. Both price (by ratio) and non-price factors will be evaluated and scored. Weighted criteria are as

follows:

Criteria Value

a. Vendor Qualifications • corporate capability and experience

20%

b. Specifications and Requirements • mandatory features • desired features

35% 5%

c. Implementation • configuration, testing, training and timelines

10%

d. Pricing Structure • software and hardware components • installation, maintenance and support services

15% 10%

e. Local Preference 5%

Total Score 100%

2. One or more top score Bidders may be selected for an interview/presentation session prior to

making a final selection. Selected Bidders will be given the opportunity to provide an onsite demo,

discuss their proposal, qualifications, past experience, and pricing structure in more detail.

3. Proposals may be subject to clarifications and further negotiation. Agreements resulting from

negotiations that differ from the RFP or the Bidder’s Proposal shall be documented.

4. The top scored Bidder demonstrating Best Value will be invited to sign a Purchase Agreement. See

Appendix B. Purchase Agreement (Standard Form Sample).

Award

1. Award to the successful Bidder shall be confirmed by both parties signing a Purchase Agreement

referencing this RFP, the Proposal and any negotiated items from the evaluation stage.

Schedule

1. Anticipated activities and dates are subject to change at the Municipality’s discretion.

Activity / Task Date (YYYY-MM-DD)

RFP Released 2019-10-04

Proposals Due 2019-11-04

Evaluations and Award 2019-11-TBD

Project Initiation 2019-12-TBD

Project Close 2020-03-31 (on or before)1

1 See Solicitation, Implementation and Support s. 4.b


2019-10-04 9

Vendor Qualifications

1. Proposals must summarize the company’s history, size, location, experience, products and

services, and other corporate portfolio details such as third party quality or environmental

management certifications relevant to this Solicitation.

2. Proposals must list all projects where the Bidder has implemented scalehouse management

systems of a similar size and scope to this Solicitation.

a. A minimum of three (3) client references shall be provided, with at least (1) that is located

within Atlantic Canada.

3. Proposals must define the members of the proponent's project team, their experience and

location.

4. Proposals must indicate corporate capabilities and staff allocated to support the proposed

solution.

Requirements and Specifications

Mandatory

1. Solution must integrate with Avery Weigh-Tronix ZM405 digital weight indicator.

2. Solution must provide a ticketing function.

3. Solution must import historical data from the current system.

4. Solution must include context sensitive user help.

5. Solution must be accessible from multiple locations, ie, Scalehouse, KMEMC site office,

Information Services Department office, etc.

6. Solution must support variable transaction types, materials and related tipping fee rates.

7. Solution must record tare weights and vehicle information.

8. Solution must maintain customer details and account information.

9. Solution must incorporate appropriate levels of controlled access and data security.

10. Solution must perform various calculations on weight, materials, etc. for standard and custom

reporting.


2019-10-04 10

11. Reports must be capable of being:

a. Rendered in a dashboard view via tables, graphs and charts.

b. Captured in electronic (Excel or PDF) format. See Desired Requirement #4 below.

12. Where a hosted solution is proposed, all data must reside in Canada, be encrypted at rest and in

transit, be owned by and remain under the full custody and control of the Municipality, and

comply with data centre security standards and best practices.

https://cyber.gc.ca/en/news/cyber-security-considerations-contracting-managed-service-

providers.

Desired

1. A new business (Sustane) will soon be operating within the eco-industrial park. Vehicles will be

arriving outside regular business hours. Solution should address this future need with an

unattended scale house / driver operated kiosk option.

2. Solution should be able to create customer invoices.

3. Solution should integrate with Diamond Municipal Solutions Microsoft Dynamics GP ERP

(https://www.publicadminsoftware.com/public-sector-solutions/diamond-erp/).

4. Solution should integrate with Laserfiche Enterprise Content Management system for electronic

records management (https://www.laserfiche.com/)

5. Solution should integrate with Chase Paymentech Merchant Services point-of-sale system.

Implementation and Support

1. Vendor must install software and any supporting hardware components.

2. Vendor must convert / migrate current data to the extent required to ensure operational

effectiveness in production.

3. Vendor must train key staff in the administration and operation of the scalehouse management

system.

4. Vendor must test initial setup parallel to current legacy system to ensure operational reliability

and operator readiness prior to deploying in production environment.

a. System must be monitored, configured and tested by the Vendor with any errors or

failures corrected to reach a 99% acceptable level of performance over 14 days prior to

notifying the Municipality that the solution is installed and ready for use.

https://cyber.gc.ca/en/news/cyber-security-considerations-contracting-managed-service-providers

https://cyber.gc.ca/en/news/cyber-security-considerations-contracting-managed-service-providers

https://sustanetech.com/

https://www.publicadminsoftware.com/public-sector-solutions/diamond-erp/

https://www.laserfiche.com/


2019-10-04 11

b. Project should be in production at a date not to exceed two (2) months following award of

tender.

5. Vendor must provide a tiered technical support package that includes level of service options.

6. Vendor must provide system patches and upgrades as required in a convenient and timely

manner.

Pricing Structure

1. Bidder must provide a detailed pricing structure that includes annual costs over a five-year period

for:

a. Software modules and licenses

b. Hardware components (if applicable)

c. Implementation

d. Hosting (if applicable)

e. Annual maintenance

f. Support options

2. Bidder must provide a Total Cost of Ownership summary of the detailed costs over the five-year

period.

3. Payment will be lump sum net 30 (thirty) days following installation date. Progress payments do

not apply.

4. Whereas another regional Municipal landfill operation is planning to upgrade their current

scalehouse software with a solution similar to that specified in this Solicitation, bidder must

address discount options for cooperative procurement in accordance with General Terms and

Conditions, Extension to the Broader Public Sector s. 29.2.


2019-10-04 12

General Terms and Conditions Definitions

Bid: Bidder's written offer to provide the required goods or services at a given price or rate, or any

similar document issued in reply to a Solicitation. May also be referred to as a Proposal, Tender,

Quotation, Submission, Response or similar name.

Bidder: Any person, business, or Consortium that submits a Bid.

Broader Public Sector: Any governmental or government-funded entity within a Province, including the

MASH sector (Municipal governments, Academic institutions such as universities and community

colleges, School boards and Hospitals). Includes all government departments, agencies, boards,

offices and commissions and Crown Corporations.

Consortium: Two or more Bidders having no formal corporate links, who submit a joint Bid.

E-bid: A Bid submitted electronically via the Internet.

Fax Bid: A Bid submitted by means of facsimile transmission over telephone lines.

Municipality: The District of the Municipality of Chester, Nova Scotia; procurement entity responsible

for the issuing and processing of Solicitations.

Paper Bid: A Bid submitted in printed form, not through facsimile, or other medium.

Province: Her Majesty the Queen in right of the Province of Nova Scotia, including the Municipality on

whose behalf the Solicitation is issued.

Solicitation: A formal request for prices or responses, whether in printed or electronic form, with

sealed Bids, faxed Bids, electronically submitted Bids, or similar responses opened at a given time.

May also be referred to as a Tender, Request for Bids, Request for Quotations, Request for Proposals,

Request for Information, Pre-Qualification, Request for Expression of Interest, or similar name. The

Solicitation incorporates any addenda that may be issued.

________________________________________

Denotations: The words "may" "could" or "should" denote the permissive. The words "must", "shall" or

"will" denote the imperative.


2019-10-04 13

1 Date, Time and Place of Closing and Opening; Late Bids

1.1 Tender will close at the time, date and location specified in the Solicitation.

1.2 All Bids must be received in their entirety at or before the closing time specified; Bidders are

responsible for ensuring that their Bid, however submitted, is received on time and at the location

specified.

1.3 All times are local times of the Municipality.

1.4 Bids received late, or not received completely by the closing time will not be considered; the

Municipality’s time clock will be assumed to be correct in the event of dispute.

1.5 All Bids must be sent to the location as identified in the Solicitation.

1.6 Bids will be opened at the time and date specified in the Solicitation.

2 Methods of Submission 2.1 General

2.1.1 Bids are to be legible and complete, and include the Solicitation number, and identify the

Bidder's name and address, and supply all information requested; incomplete or illegible Bids may be

rejected.

2.1.2 All questions or areas on the Solicitation form are to be answered, even if it is only to indicate

that the referenced item is not available; blank items will be assumed to be unavailable, and may

result in rejection of Bidder's Bid.

2.1.3 Where the price summaries of the Bid do not fully explain the cost implications of an item,

additional pricing detail should be attached, and shall form part of the Bid.

2.1.4 Prices should be broken down as requested; if the cost of an item has been included in some

other item, indicate e.g., "Included in Item [nn] "

2.2 Paper Bids

2.2.1 Bids should be enclosed in a sealed envelope or package.

2.2.2 The Bidder’s name, the Solicitation number and the Solicitation closing date should be clearly

visible on the outside of the envelope or package.

2.2.3 The Bid must be signed by an appropriate authorized official of the firm submitting the Bid.


2019-10-04 14

3 Obtaining Documents

3.1 Bids should be submitted on the official Solicitation documents issued by the Municipality; failure

to use the correct documents may result in the Bid being rejected.

3.2.1 Solicitation documents are available directly from the Nova Scotia Procurement Web Portal at:

www.gov.ns.ca/tenders or the Municipality’s website Public Notices and Tenders page at:

https://chester.ca/government/public-notices-and-tenders

3.2.2 There is no charge for most Solicitation documents. Where charges are applicable for obtaining

invitational documents, payment may be made by cash, cheque, money order, direct debit, VISA or

MasterCard.

3.2.3 Registration is not required to use the Nova Scotia Procurement Web Portal.

3.2.4 The Municipality does not use any Bid agency services.

3.2.5 Downloaded invitations must be signed, and submitted as per the instructions in the Solicitation

documents.

3.2.6 Electronic downloading of solicitation documents is provided as a convenience to Bidders; the

Municipality will not be held responsible for failures in the communications or software, or for the

completeness of the material obtained by this method.

3.3 It is the Bidder's responsibility to obtain Solicitation documents at their cost.

3.4 Bidders must not alter any portion of the Solicitation or associated documents, with the exception

of adding the information requested by the Solicitation. Bids containing clauses additional to the

Solicitation that are "qualified" or "conditional" may be rejected.

3.5 The Solicitation, or any supplementary document or portion thereof is proprietary information, and

must not be used by the Bidder for any purpose other than the submission of Bids without the written

permission of the Municipality.

4 Vendor Registration

4.1 Proponents are required to be registered to carry on business in accordance with applicable laws.

Click on the link below to view specific information regarding Bidder, Corporate and Workers’

Compensation registration requirements for Nova Scotia. Bidder Registration deals with processes

required for Bidders to receive Solicitations and/or submit Bids. Corporate Registration deals with the

requirements for doing business in the Atlantic Provinces. WCB registration deals with the

requirements governing provision of worker’s compensation insurance.

• https://novascotia.ca/sns/access/business/registry-joint-stock-companies/who-needs-to-

register.asp

• https://www.wcb.ns.ca/Workplace-Injury-Insurance/Do-I-Need-to-Register.aspx

http://www.gov.ns.ca/tenders


https://novascotia.ca/sns/access/business/registry-joint-stock-companies/who-needs-to-register.asp

https://novascotia.ca/sns/access/business/registry-joint-stock-companies/who-needs-to-register.asp

https://www.wcb.ns.ca/Workplace-Injury-Insurance/Do-I-Need-to-Register.aspx


2019-10-04 15

4.1.1 The status of a proponent’s business registration does not preclude the submission of a proposal

in response to this RFP. A proposal can be accepted for evaluation, regardless of (i) whether the

company is registered, or (ii) whether its business registration is in good standing. However, a contract

cannot be awarded unless the successful proponent is registered and in good standing, in accordance

with applicable laws. If the proponent’s business is not required to register in Nova Scotia, the

proponent will be required to submit registration from your applicable Provincial jurisdiction.

4.1.2 All Bidders must maintain their tax status in good standing. Verification of tax status with the

Department of Finance and/or Canada Customs and Revenue Agency (GST/HST) may be required

before an award is made to a successful Bidder.

5 Liability for Costs

5.1 Bidders are responsible for their own expenses in preparing, delivering or presenting a Bid and for

subsequent negotiations if any, with the Municipality. The Municipality will not defray any costs

incurred by a Bidder in responding to a Solicitation.

5.2 The Municipality will not be responsible for any costs, expenses, losses, damages or liability

incurred by the Bidder as a result of, or arising out of, the submission of any Bid, or due to the

Municipality not accepting or rejecting any Bid.

6 Alternative Bids; Altering Bids Already Submitted

6.1 Alternative Bids are multiple replies by the same bidder to a Solicitation, all or any of which are

open for consideration. If Alternative Bids are being made, each alternative should be submitted as a

complete, separate and independent Bid, and the Bid form is to be identified with words such as

"Alternative A", "Alternative B", etc.

6.2 Multiple Bids submitted by the same Bidder and not clearly identified as Bid revisions will be

assumed to be Alternative Bids.

6.3 Bids already submitted may be amended prior to closing a) by submitting an amendment

identifying the plus or minus variance to the original Bid, or b) by sending in a complete new Bid,

clearly indicating it replaces the previously submitted Bid. Any such revision must clearly identify the

Solicitation number and closing date of the Bid being submitted. A Bid revision replaces any other Bid

revisions previously submitted by the Bidder; only the last of any Bid revisions received will be

accepted.

6.4 Any Bid submitted in response to a Solicitation may be withdrawn by written request to the

Municipality prior to closing, but cannot be withdrawn, altered or changed in any way after the

Solicitation closing date and time, unless stated otherwise in the Solicitation document.

6.5 All requests for withdrawal, amendment or submission of a replacement Bid must be submitted in

writing on company letterhead or equivalent, and be signed by an authorized official of the Bidder.


2019-10-04 16

7 Supporting Documents

7.1 A brief supplementary statement may be included with the response to an item to give the

evaluators a clear understanding of the products/ personnel proposed and their ability to perform the

specified tasks.

7.2 In addition to the responses requested in the Solicitation, Bidders may include specifications on

some or all proposed items for evaluation purposes.

7.3 Supporting documents should be suitably cross-referenced to the Solicitation.

8 Unit Prices and Extensions; Taxes excluded; Currency;

Shipping costs

8.1 All prices should be extended and totaled. The extended price is derived by multiplying the unit

price by the quantity of units required.

8.2 In the event of an error in calculation of the extended price, the unit price will be taken as correct

and will govern in the Bid evaluation and contract administration.

8.3 Do not include any Provincial or Federal sales taxes in the price.

8.4 All prices must be quoted in Canadian dollars unless other currencies are specifically requested.

8.5 Shipping, cartage, loading, insurance and handling charges must be included in the total price. If

these charges have not been stated specifically, it will be assumed that they have been included in

the Bid price, i.e., FOB to the destination(s) listed in the Solicitation. The Municipality will not assume

responsibility for any goods or services until they have been delivered to the destination (s) specified

in the Solicitation.

8.6 Unless stated otherwise in the Solicitation, a firm, all-inclusive price is required, i.e., hourly rates

or "Time and Materials" are not acceptable responses.

9 Duration of Bid/Award Prices

9.1 If the Bid is awarded, prices must remain firm for the duration of the contract unless otherwise

specified.

9.2 Unless stated otherwise in the Solicitation, Bids must remain open to acceptance and are

irrevocable for a period of 90 days after the Solicitation closing date.

10 Payment Terms and Discounts

10.1 If special payment terms or schedules are required, these must be specified in the Bid; otherwise,

the Municipality's payment terms (net 30 days) will apply.

10.2 Early payment discount terms (minimum period 10 days) may be considered in the evaluation of a

Bid.

10.3 Discount terms must appear on the Bid, and on the invoice.


2019-10-04 17

11 Delivery

11.1 Where the Solicitation includes a mandatory delivery schedule, the Municipality will assume that

the Bidder can meet the requested schedule and is satisfied that the goods or services required will

be available for delivery on the requested date(s).

11.2 If Bidders wish to specify a delivery schedule different from that requested in the Solicitation,

they must provide specific delivery dates or a schedule in calendar days from the date a Purchase

Order is issued. Bids that do not meet the delivery schedule as requested in the Solicitation may be

rejected.

11.3 Time is of the essence, and Bidder's delivery schedule is legally binding. The Municipality reserves

the right to assess penalties or cancel awards to Bidders who fail to meet their stated delivery or

completion dates.

12 Quality / Complete Product

12.1 Unless otherwise stated in the Solicitation, all material included in the Bid must be new, first

quality goods; used, refurbished, second, obsolete, discontinued or demonstrator items must only be

proposed if the Solicitation specifically requests or otherwise states that such goods will be allowed.

12.2 By submitting a Bid, Bidder guarantees that, unless the Solicitation specifies otherwise, all

components required to make the required equipment or system operable or to deliver the required

services have been included in the Bid or will be provided at no additional charge to the Municipality.

12.3 Where applicable, the end user must be provided with complete operation manuals, warranty

registration forms, user licenses/ authentications and/or other associated documentation normally

provided by the manufacturer, reseller, installer and/or consultant.

13 Substitutions and Equivalents, Discontinued Items

13.1 The specifications in the Solicitation define the minimum acceptable goods and/or services

required. Minor deviations from the specifications may or may not be permitted at the sole discretion

of the Municipality.

13.2 The Solicitation may specify items by brand name and/or model number to designate the design,

type of construction, quality, functional capability and/or performance level of the product requested.

13.3 If an item has been discontinued during the Solicitation process, or is otherwise unavailable, the

Municipality will cancel the Solicitation, or will issue an Addendum to update the specification.

Bidders should notify the Municipality immediately when they become aware of any discontinuation

of specified items.

13.4 If Bidders feel that they can provide items with equivalent or better functionality at the same or

lower cost, they may be able to offer a substitute item. Substitutions offered must be of equal or

better quality and clearly identified, and accompanied by brochures and technical information to

permit evaluation of the item being offered. Substitution items must be identified by manufacturer's

stock/part number and other descriptive information to establish equivalency. Substitutions offered

without documentation sufficient to determine equivalency may be rejected as non-compliant.


2019-10-04 18

13.5 The Municipality reserves the right to inspect or test any product bid to determine equivalency,

and may require demonstrator or sample items in order to be able to evaluate the items proposed.

The Municipality will be the sole judge of equivalency.

13.6 Specifications may, for technical or logistical reasons, require that the items specified be supplied

without substitution.

14 Standards and Certification

14.1 Where applicable, all equipment must be certified by the appropriate regulatory agencies (e.g.,

Canadian Standards Association, Communications Canada, Transport Canada, Canadian Gas

Association, Health Canada, etc.), and/or must be approved by the appropriate Provincial agency (e.g.,

Office of the Fire Marshal).

15 Addenda, Corrections or Extensions of the Solicitation

15.1 The Municipality reserves the right to modify the terms of the Solicitation at any time prior to

closing, at its sole discretion.

15.2 The Municipality will make information available to the public regarding any changes made to the

Solicitation, or any change in the closing date or time. Bidders are responsible for ensuring that they

are aware of and have complied with any Addenda. Addenda are posted via our Municipal website at:

https://chester.ca/government/public-notices-and-tenders and through Nova Scotia Procurement at:

https://procurement.novascotia.ca/ns-tenders.aspx

15.3 When these changes occur within five business days of the closing date, the closing date may be

extended to allow for a suitable Bid preparation time.

16 Environmental Considerations

16.1 The Municipality may seek to purchase recycled and/or environmentally sensitive products where

practical and effective.

16.2 Where appropriate, the integration of environmental considerations into Solicitations may be

noted in the specifications; the specifications will identify these considerations to ensure that

suppliers have a full understanding of the conditions to be met. For example, the supply of goods or

services to Municipal parks may be affected by regulations such as the Canada Wildlife Act that are

not normally a consideration in Municipal procurements.

17 Warranty

17.1 The Bidder must describe the duration, type (e.g., on-site, depot, ship-in or carry-in) and terms of

the manufacturer's warranty on all goods.

17.2 If the Bidder provides any additional/ supplementary warranty coverage, describe this as well.

17.3 If warranties can be upgraded or extended, identify the upgrade costs separately. Do not include

warranty upgrade or extension costs in the Bid price unless the Solicitation specifically states that the

upgrade is a mandatory requirement.


https://procurement.novascotia.ca/ns-tenders.aspx


2019-10-04 19

17.4 If local service is a requirement of the Solicitation, describe the means by which this will be

accomplished, i.e., by "own forces" or through a contractual arrangement with a third party (which

must be identified - see Section 19, "Subcontractors and Consortium Bids").

18 No Restrictions on Fair Use

18.1 The Bidder warrants that there are no patents, trademarks or other rights restricting the use,

repair or replacement of the goods or services furnished or any part thereof. The Bidder agrees to

indemnify and save harmless the Municipality from and against all claims filed or prosecuted in any

manner because of such use, repair or replacement of the goods or services being a violation of any

patent, trademark, or other right.

19 Subcontractors and Consortium Bids

19.1 The use of a subcontractor is permitted, and encouraged where this will result in skills and

technology transfer to the Municipality.

19.2 Names of all Subcontractors and/or Consortium members, and the services they will provide,

must be listed on or attached to the Bid, if requested.

19.3 If a Consortium Bid is being submitted, one of the Bidders must be prepared to take overall

responsibility for successful provision of the goods or services, and this must be defined in the Bid.

Failure to do so may result in the Bid being rejected.

19.4 "Own Forces" may only be named as Subcontractors when the Bidder is equipped to carry out and

normally carries out the work noted.

19.5 If subcontractors (including "own forces") are named, work must be carried out by the named

forces and substitution of others will not be allowed without prior approval of the Municipality.

20 Right to Reject; Financial Stability; Non-Compliance

20.1 Failure to comply with any of the mandatory terms or conditions contained or referenced in the

Solicitation documents shall result in the rejection of the Bid.

20.2 All of the terms, conditions and/or specifications stated or referenced in the Solicitation are

assumed to be accepted by the Bidder and incorporated in the Bid.

20.3 Bidders may be required to demonstrate financial stability, authorization to provide the

goods/services being acquired, and/or regulatory agency approval, licensing or registration as

needed, or otherwise clarify Bidder's capability to satisfy the Solicitation requirements. The

Municipality reserves the right to reject Bids from any Bidder that it believes is incapable of providing

the necessary labour, materials, equipment, financing or management resources to perform the work

or supply the goods in a satisfactory and timely manner.

20.4 The Municipality reserves the right to waive minor non-compliance where such non-compliance is

not of a material nature in its sole and absolute discretion, or to accept or reject in whole or in part

any or all Bids, with or without giving notice. Such minor non-compliance will be deemed substantial

compliance and capable of acceptance. The Municipality will be the sole judge of whether a Bid is

accepted or rejected.


2019-10-04 20

20.5 The Municipality reserves the right to split an award amongst Bidders as deemed in the best

interests of the Municipality.

21 Cancellation; No Award

21.1 Issuing a Solicitation implies no obligation on the Municipality to accept any Bid, or a portion of

any Bid submitted. The lowest or any Bid will not necessarily be accepted.

21.2 Solicitations may be cancelled in whole or in part by the Municipality in its sole discretion when,

a) the price Bid exceeds the funds allocated for the purchase; b) there has been a substantial change

in the requirements after the Solicitation has been issued; c) information has been received by the

Municipality after the Solicitation has been issued that the Municipality believes has substantially

altered the procurement; or d) there was insufficient competition in order to provide the level of

service, quality of goods or pricing required.

21.3 If no compliant Bids are received in response to a Solicitation, the Municipality reserves the right

to enter into negotiations with one or more vendors in order to complete the procurement.

21.4 The Municipality will be the sole judge of whether there is sufficient justification to cancel any

Solicitation.

21.5 No action or liability will lie or reside against the Municipality in its exercise of its rights under

this section.

22 Governing Laws and Trade Agreements; Local Preference

22.1 Unless the Solicitation documents specifically state otherwise, the Solicitation, all Bids, and any

subsequent contracts will be construed and interpreted in accordance with the laws of the Province of

Nova Scotia.

22.2 Solicitations subject to the Atlantic Procurement Agreement (APA), the Canadian Free Trade

Agreement (CFTA), any other interprovincial trade agreements, or any international trade agreements,

will be specifically identified as such in the public notice and/or the Solicitation documents.

22.3 Copies of any applicable trade or procurement agreements and/or legislation are available online

or can be made available by contacting the Municipality.

22.4 Bidders agree to comply with all applicable laws, regulations and standards, including all labour,

occupational health & safety, liability insurance of no less than $2,000,000 and workers’ compensation

requirements of the Province.

22.5 The Municipality may consider and evaluate any Bids from other jurisdictions on the same basis

that the purchasing authorities in those jurisdictions would treat a similar Bid from a supplier located

in this Province. The Municipality will be the sole judge of whether these conditions will be used and

the extent to which they will be applied.

22.6 Vendors registered to do business in any Atlantic Province can bid on Solicitations issued by any

other Atlantic Province without having to satisfy any local registration or residency requirements.

22.7 Preference is given by applying a 5% bonus to Bidders located within the Municipality for Low

Value Procurement.


2019-10-04 21

22.8 Under Canadian law (and international agreements), your Bid must arrive separately and

independently, without conspiracy, collusion or fraud; see

https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00110.html for further information.

22.8.1 Notwithstanding 22.8, the Municipality encourages suppliers to partner where combining

different skills and expertise will allow a Bidder to meet Solicitation requirements.

23 Confidentiality and Freedom of Information

23.1 All Bids submitted become the property of the Municipality. By submitting a Bid, the Bidder

hereby grants the Municipality a license to distribute, copy, print or translate the Bid for the purposes

of the Solicitation. Any attempt to limit the Municipality’s right in this area may result in rejection of

the Bid.

23.2 Bidder's Bid package may be subject to disclosure under the Municipal Government Act, Part XX

"Freedom of Information and Protection of Privacy" legislation. By submitting a Bid, the Bidder agrees

to the appropriate disclosure of the information supplied, subject to the provisions of the governing

law. The Municipality cannot guarantee the confidentiality of the complete content of any Bid after the

procurement has been awarded to the successful Bidder. For an overview of the release of

information related to competitions see:

https://procurement.novascotia.ca/media/58377/procurement%20release%20of%20information%20p

rotocol.pdf

23.3 During the delivery and installation of goods and/or services, the Bidder or Bidder's staff may

have access to confidential information belonging to the Municipality. Should this occur, the Bidder

must ensure that such information is not released to any third parties or unauthorized individuals;

failure to comply may result in legal action being taken and/or the Bidder's disqualification from any

further Solicitations issued by the Municipality.

23.4 The Municipality is required to comply with the Personal Information International Disclosure

Protection Act (S.N.S 2006, c.3). This Act creates obligations for the Municipality and its service

providers when personal information is collected, used or disclosed. Requirements include limiting

storage, access and disclosure of personal information to Canada, except as necessary or otherwise

required by law. For more information on this Act please see:

https://nslegislature.ca/sites/default/files/legc/statutes/persinfo.htm.

24 Bidders Located Outside Canada

24.1 If permitted in the Solicitation documents, a Bid is given in a currency other than Canadian

dollars, the Bidder assumes the risk of variations in international exchange rates, and Bidder's prices

must include all associated costs and overheads connected with foreign currency transactions.

24.2 The bidder must arrange for clearance of goods through the Canada Border Services Agency,

along with all brokerage fees and payment of applicable Canadian taxes and duties. For information

pertaining to the Canada Border Services Agency please visit http://www.cbsa-asfc.gc.ca/.

24.3 The Bidder must arrange all visas, insurance, work permits, passports, etc., for personnel required

to visit Canada in association with the Bid.

24.4 All warranties on goods must be valid in Canada. To the extent that facilities are available,

warranty service should be provided in Canada.

https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00110.html

https://procurement.novascotia.ca/media/58377/procurement%20release%20of%20information%20protocol.pdf

https://procurement.novascotia.ca/media/58377/procurement%20release%20of%20information%20protocol.pdf

https://nslegislature.ca/sites/default/files/legc/statutes/persinfo.htm


2019-10-04 22

24.5 There must be no conflict with authorized Canadian distributors of the goods and/or services

being Bid.

24.6 All goods must be compliant with Canadian operating environments (e.g., common domestic

electricity is 60Hz 115v 1 phase) and, where applicable, must be certified by the appropriate Canadian

regulatory agencies (reference para. 14.1).

24.7 Professional personnel (medical staff, engineers, architects, lawyers, accountants, etc.) must be

registered with the appropriate Canadian professional and/or regulatory authorities, or must be

eligible to register with such authorities if accepted for the work being tendered.

24.8 Where any of the requirements set out in Paragraphs 24.1 to 24.7 inclusive are not met, the

Municipality reserves the right to reject the Bid, or to require bonds or sureties to ensure compliance.

24.9 Sale of Goods Act - Bidder's acceptance of any Purchase Order(s) resulting from this Solicitation,

in writing or by delivery, must include all of, and must be limited to, the terms and conditions of the

Purchase Order only. Formal objection is hereby made to any additional or different terms a Bidder

might propose in acceptance of any Purchase Order(s).

25 Enquiries and Contacts

25.1 In case of any dispute over the completeness, accuracy and/or interpretation of any Solicitation

documents, the versions of such documents held by the Municipality will be considered correct.

25.2 Information, offers, commitments or instructions obtained from any source other than the

Municipality will not be binding on the Municipality.

25.3 Enquiries regarding the Solicitation must be made to the contact(s) named in the Solicitation (or

their designates); quote the Solicitation number on any correspondence.

25.4 If an envelope was included with the Solicitation documents, this envelope must not be used to

submit an enquiry; these envelopes are not opened before the closing time for receipt of Bids.

25.5 Enquiries and the responses given may be recorded and may be distributed to all other Bidders

as Addenda. No response shall be binding on the Municipality unless made in writing.

25.6 All enquiries regarding the interpretation of these Terms and Conditions, general procurement

policy or procedures must be made to the Municipality.

26 Accuracy of the Solicitation; Right to Clarify

26.1 While the Municipality has tried to ensure accuracy in the Solicitation, it is not guaranteed or

warranted by the Municipality to be accurate, nor is it necessarily comprehensive or exhaustive.

26.2 The Municipality will assume that all Bidders have resolved any questions they might have about

the Solicitation and have informed themselves as to existing conditions and limitations, site

restrictions, etc. before submitting their Bids.

26.3 Nothing in the Solicitation is intended to relieve Bidders from forming their own opinions and

conclusions with respect to the matters addressed in the Solicitation or its associated documents.

26.4 The Municipality reserves the right in its sole discretion to clarify any Bid after closing by seeking

further information from that Bidder, without becoming obligated to clarify or seek further


2019-10-04 23

information from any or all other Bidders. However, Bidders are cautioned that any clarifications

sought will not be an opportunity either to correct errors or change their Bids in any substantive

manner.

27 Language

27.1 Unless specifically requested otherwise, all Bids, supporting materials, operation manuals and

documentation must be in English.

28 Eligibility and Conflict of Interest

28.1 A Bid may not be eligible for acceptance if current or past corporate or other interests of the

Bidder may, in the Municipality 's opinion, give rise to a conflict of interest in connection with a

project.

28.2 Bidders are cautioned that acceptance of their Bid may preclude them from bidding on

subsequent phases where a conflict of interest may arise; Bidders should study the project

implementation strategy to determine whether or not they plan to submit Bids on subsequent phases.

28.3 If the Bid covers the first phase of what may prove to be a multi-phased project, the successful

Bidder on the initial phase may be permitted to bid on subsequent phases as long as, in the

Municipality's opinion, no conflict of interest would be created in performance of the work by that

Bidder.

28.4 Sub-contracting to any firm or individual whose current or past corporate or other interests may,

in the Municipality 's opinion, give rise to a conflict of interest in connection with this bid will not be

permitted. This includes, but is not limited to, any firm or individual involved in the preparation of the

Solicitation documents.

28.5 The Municipality reserves the right to disqualify any proponent that in the Municipality’s sole

opinion has an actual or potential conflict of interest or an unfair advantage in respect of this RFP,

whether existing now or is likely to arise in the future, or may permit any such proponent to continue

and impose such terms and conditions on that proponent, as the Municipality in its sole discretion

may require.

29 Extension to the Broader Public Sector

29.1 The Municipality may choose to allow the Broader Public Sector (see Definitions) to purchase

goods or services from some Solicitations. The Broader Public Sector are generally permitted to

purchase from "Standing Offers", which are contracts resulting from a Solicitation. Other Solicitations

may also be available to the Broader Public Sector; if so, the Solicitation documents will state this.

29.2 By submitting a Bid to a Solicitation, the Bidder agrees to extend the same pricing to other

eligible Broader Public Sector institutions as per the terms and specifications in the Solicitation.


2019-10-04 24

Appendix A. Authorization

Municipality of Chester

MODC-T-2019-008 RFP

Scalehouse Management Solution

This form must be signed by a person authorized to make proposals and enter into contract

negotiations on behalf of your firm. To be considered for this project, your submitted proposal must be

completed in accordance with the RFP Solicitation and this cover sheet attached.

Company Legal Name: ____________________________________________

Authorized Official (Signature): _______________________________________

Date: _________________________________

Title: _________________________________

Print Name: _________________________________

Contact Person for Project: _________________________________

Address: _________________________________

Phone Number: _________________________________

Fax Number: _________________________________

Email Address: _________________________________


2019-10-04 25

B. Purchase Agreement (Standard Form Sample)

This Agreement is entered into this _____________ day of _____________________, 2019 between the

Municipality of the District of Chester (Buyer), whose business address is ________________________,

and ___________________ (Company), whose business address is _______________________________.

Sale. The Buyer agrees to purchase, and the Company agrees to sell the Scalehouse Software Solution,

on the terms and conditions following, and as fully described in the Buyer’s RFP, Company’s Proposal

and additional negotiated agreement(s) ___________________ attached hereto. This constitutes the

entire agreement between the parties with respect to the subject matter hereof.

Installation. The Scalehouse Software Solution purchased under this agreement will be installed in

good working order by the Company. The Buyer shall make available a suitable place of installation at

Kaizer Meadow Environmental Management Centre (KMEMC) with all facilities required. The date on

which the Company notifies the Buyer in writing that the solution has been installed ready for use

shall be considered the date of installation for all purposes of this agreement.

Payment. An invoice for the Scalehouse Management Solution will be issued at the date of installation.

Title. Title to installed software and equipment is to remain in the Company until the full purchase

price is paid. Failure to pay the purchase price when due shall give the Company the right, without

liability, to repossess the software or equipment, with or without notice, and to avail itself of any legal

remedy.

Governing Law. This agreement shall be deemed to have been made and entered into in the Province

of Nova Scotia, and the construction, validity and enforceability of this agreement shall be governed

by the Province of Nova Scotia.

Assignment. A party to this agreement shall not assign or transfer the rights, duties or obligations

hereunder unless the other party hereto consents to such assignment in writing prior to any such

assignment.

Miscellaneous. This agreement shall not be changed or modified orally but only by an instrument in

writing signed by the parties stating that it is an amendment to this Agreement.


2019-10-04 26

In witness whereof, the Buyer and the Company have caused this agreement to be signed by their

respective duly authorized officers, all as of the day and year first above written.

Municipality of the District of Chester The Buyer By: _____________________________ Title: ___________________________ Witness By: _____________________________ Title: ___________________________

______________________________ The Company By: ___________________________ Title: _________________________ Witness By: ___________________________ Title: _________________________

MUNICIPALITY OF THE TENDER NO. MODC-T-2019-008

DISTRICT OF CHESTER ADDENDUM PAGE 1 of 1

KAIZER MEADOW LANDFILL NO. 1 October 21, 2019

SCALEHOUSE SOFTWARE SOLUTION

This Addendum forms a part of the Submission. Sign this Addendum AND include with your

submission package.

BIDDER INSTRUCTIONS – EVALUATION, PAGE 8

Remove and Add:

2. One or more top score Bidders may be selected for an interview/presentation session prior to

making a final selection. Selected Bidders will be given the opportunity to provide an onsite a

software demo, discuss their proposal, qualifications, past experience, and pricing structure in

more detail.

REQUIREMENTS AND SPECIFICATIONS - DESIRED, PAGE 10

Add:

6. Solution should integrate with Paymentus e-billing and payment system.

IMPLEMENTATION AND SUPPORT, PAGE 10

Add:

3. Vendor must train key staff in the administration and operation of the scalehouse

management system including the Scalehouse Operator (primary user), Solid Waste Director

(management reporting), and IT Director (technical administration).

Prepared and Issued by:

Municipality of the District of Chester

October 21, 2019

__________________________________________

Signature of Bidder

__________________________________________

Company Name

__________________________________________

Date