request for proposal no. 1418 on call painting contractors rfp document.… · specifically the...

RFP #1418 On Call Painting Contractors

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Request for Proposal No. 1418

On Call Painting Contractors

Issue Date: April 4, 2013

Closing Location Purchasing Department

2020 Labieux Road Nanaimo, BC V9T 6J9

Closing Date and Time Proposals must be received at the Purchasing Department prior to:

3:00 p.m. (15:00 hrs) Pacific Time, Thursday, April 25, 2013

Specification Enquires are to be directed to: Ian Blackwood, Manager Facility Maintenance & Construction

Email: [email protected]

Proposal Process Enquiries are to be sent to: Silvia Reid, SCMP, Buyer

Email: [email protected] Enquiries after April 22, 2013 Pacific Time will only be answered at the discretion of the City if time permits.

Mandatory Information Meeting

A mandatory information meeting will be held on Friday, April 12, 2013 at 9:00 a.m., Pacific Time at the City of Nanaimo, Public Works Yard Meeting Room located at 2020 Labieux Road, Nanaimo, BC. Attendance is mandatory. Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal.

mailto:[email protected]


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Table of Contents 1.0 Introduction ......................................................................................................... 3 2.0 Instructions to Proponents .............................................................................. 3 - 9 3.0 General Terms and Conditions ..................................................................... 9 - 10 4.0 Evaluation and Selection ............................................................................ 11 - 13 5.0 Proposal Submission Format and Content ........................................................ 13 Schedule ‘A’ Scope of Work and Requirements ........................................................ 1 – 4 Schedule ‘B’ City of Nanaimo Paint Codes – General Paint Appendix ‘A’ Sample Form of Agreement ................................................................. 1 - 10 Appendix ‘B’ Contractor Reporting Fuel Consumption Worksheet Instructions ................ 1 Appendix ‘C’ Contractor Reporting Fuel Consumption Worksheet................................... 1 Appendix ‘D’ Prime Contractor General Information ................................................... 1 - 3 Appendix ‘E’ Prime Contractor PreConstruction Meeting Form .................................. 1 - 3 Appendix ‘F’ Article 31 Information Appendix ‘G’ Receipt Confirmation Form Appendix ‘H’ Acceptance of RFP Terms and Conditions Form Appendix ‘I’ Proponent Questionnaire Response Form


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SECTION 1.0 INTRODUCTION 1.1 Overview of the Requirement

The City of Nanaimo (the “City”) desires to establish contractual relationships with qualified Painting Contractors capable of performing minor painting and painting-related projects (the “Services”) on an “as needed” basis. The City will select at its sole discretion a Primary and up to two (2) Secondary Contractor(s). Specifically the City is looking for Contractors experienced in commercial and facility type painting project ranging in size from under $5,000 to $25,000. The Contractor and any sub-contractors should have a minimum of five (5) years painting experience. The selected Painting Contractors will not necessarily be considered to be the exclusive Contractor of the Services to the City. The City reserves the right to solicit tenders, proposals and/or quotations from other Painting Contractors for individual projects anticipated to exceed $25,000, or perform the work in-house. Proponents shall be aware that any personnel (Prime Contractor or sub-contractors) working under this Contract will be required obtain a criminal records check prior to beginning any Work. The City anticipates the Contract(s) resulting from this opportunity will be for a term of three (3) years, with the City reserving the right to extend the term up to an additional two (2) one (1) year terms under the same terms and conditions. The City has the right at their sole discretion to use any or all of the option years of the Contract.

The City cannot guarantee any Work as all painting Projects are subject to funding availability and project priorities and approval to proceed.

SECTION 2.0 INSTRUCTIONS TO PROPONENTS 2.1 Request for Proposal Terminology

The following terms will apply to this Request for Proposal and to any subsequent Contract. A submission in response to this RFP indicates acceptance of all the following terms: (a) “City” means the City of Nanaimo. (b) “Project Manager” means the person responsible for the Project from start to finish. (c) “Contract” means the written Agreement resulting from this Request for Proposal

awarded to and executed by the City and the successful Proponents. (d) “Contractor” means the successful Proponent who enters into a Contract with the

City (e) “must” “mandatory” “shall” means a requirement that must be met in order for a

Proposal to receive consideration. (f) “Contractor” or plural thereof means the successful Proponent who the City has

entered into a Contract with. (g) “Proponent” or plural thereof means an individual or company that intends to

submit a Proposal in response to this Request for Proposal. (h) “Proposal” or plural thereof means the complete Proposal document submitted in

accordance with the terms and conditions of this Request for Proposal. (i) “Request for Proposal” “RFP” means this document and all of its contents,

attachments and addendum thereto as issued by the City.


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(j) “Project” or plural thereof means the painting Services requested by the City’s Project Manager.

(k) “should” “desirable” means a requirement having a significant degree of importance to the objectives of the objectives of the Request for Proposal.

(l) “Services” means minor painting and painting related Project(s). (m) “Work” means all the labour, materials, equipment, tools, supplies, supervision and

all other items necessary for the execution, completion and fulfilment of the Services at the rates submitted.

(n) “Work Site” or plural thereof means any City Park or City owned facility where the Services or Work is being performed.

2.2 Mandatory Information Meeting

In order to provide an overview of the RFP process, clarify the Scope of Work and Requirements and answer any questions Proponent’s may have, there will be a mandatory information meeting held on:

Date: Friday, April 12, 2013

Start Time: 9:00 a.m., Pacific Time Location: City of Nanaimo

Public Works Yard Meeting Room 2020 Labieux Road, Nanaimo, British Columbia

Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal. Proponents must sign the sign-in sheet to confirm attendance.

Questions posted by Proponents and answered at the Information Meeting may not be further documented or disseminated. Questions which are taken under advisement at the meeting will be documented and the response shall be distributed to the Proponents recorded as attending the meeting and posted on the BC Bid and City of Nanaimo websites.

2.3 Closing Date and Delivery Instructions

Proposals must be received by the Purchasing Department prior to 3:00 p.m. (15:00 hrs), Pacific Time, Thursday, April 25, 2013 (the “closing date & time) by one (1) of the following two (2) methods:

i. By hand/courier delivery to the only acceptable address and department: Purchasing

Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be enclosed in a sealed envelope, clearly marked “RFP 1418 On Call Painting Contractors” and should include one (1) hard copy of the Proposal and one (1) electronic copy on CD/DVD or USB flash drive. It is the Proponent’s sole responsibility to ensure the hard copy, CD/DVD; USB flash drive submission contains the same information. The City of Nanaimo will not be liable for any discrepancy between the hard copy submission and the electronic copy; OR

ii. Electronically submitted at the only acceptable email address: [email protected]

Please note: Maximum email file size limit is 8MB, or less.

Proposals received after the “closing date & time” will not be considered.



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Proposals received by facsimile will not be considered.

It is the Proponent’s sole responsibility to ensure they allow themselves enough time to submit their Proposal to the Purchasing Department. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier. Electronically submitted Proposals shall be deemed to be successfully received when displayed as new email has been received by the Purchasing Department at the City of Nanaimo. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc.

2.4 Enquiries

All inquiries related to this Request for Proposal should be directed, in writing, to the following person (email is the preferred form of communication). Specification Enquires: Attn: Ian Blackwood, Manager Facilities Maintenance & Construction Phone: 250.755.7542 Email: [email protected] Proposal Process Enquiries: Silvia Reid, SCMP, Buyer Phone: 250.756.5318 Email: [email protected] Enquiries after April 22, 2013 Pacific Time will only be answered at the discretion of the City if time permits. Information obtained from any other person or source is not official and are not to be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option and will be distributed in the form of written addenda issued by the Purchasing Department.

2.5 Receipt Confirmation Form – Appendix ‘G’ For any further distributed information about this Request for Proposal, please return this form by fax to 250.756.5327 or email to [email protected]. Proponents are to note all subsequent information will also be posted on BC Bid website at www.bcbid.gov.bc.ca and the City of Nanaimo website at www.nanaimo.ca. The City will attempt to send information directly to Proponents that have returned the Receipt Confirmation Form, but it is the responsibility of the Proponents to ensure that all information has been received.

2.6 Addenda If the City determines that an addendum is required to this RFP, the City’s Purchasing Department will issue an addendum and such an addenda will be posted on the BC Bid website at www.bcbid.gov.bc.ca, the City of Nanaimo website at www.nanaimo.ca. While the City will attempt to send information to Proponents who have returned the Receipt Confirmation Form, it is the sole responsibility of the Proponent to check for amendments on the BC Bid and City of Nanaimo websites issued up the “closing date & time”.


http://www.bcbid.gov.bc.ca/

http://www.bcbid.gov.bc.ca/

http://www.nanaimo.ca/


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Each addendum will be incorporated into and become part of the RFP document. No addendum of any kind to the RFP is effective unless it is contained in a written addendum issued by the City’s Purchasing Department.

2.7 Signed Proposals

Appendix ‘H’ Acceptance of RFP Terms and Conditions Form must be signed by a person authorized to sign on behalf of the Contractor and to bind the Proponent to statements made in response to this Request for Proposal.

2.8 Sample Form of Agreement – Appendix ‘A’

The City expects the final, negotiated form of Agreement will be substantially in the form of the Sample Form of Agreement included in this RFP as Appendix ‘A’, and Proponents should examine and consider the sample Agreement carefully in preparing their Proposal. Proponents should understand that the attached Agreement is a sample only and modifications to it may be made prior to execution of the final Agreement upon mutually negotiated terms.

2.9 Examination of Documents

By submitting a Proposal, the Proponent will be held to have personally examined the RFP document and all attachments and has satisfied themselves as to their ability to meet all the requirements in the execution of the proposed Agreement, before the delivery of their Proposal, and agree that the Proponent will make no claims against the City based on errors, omissions, or misunderstanding of the provisions of the RFP or Agreement. Proponents will not be given payments or consideration for conditions that should have been determined by/during the above examination.

2.10 Liability for Errors While the City has used considerable efforts to ensure information in this RFP is accurate, the information contained in this RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from the responsibility of conducting their own investigations and research and forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. Proponents will be solely responsible to ensure their Proposal meets all requirements of the Request for Proposal, to advise the City immediately of any apparent discrepancies or errors in the Request for Proposal, and to request clarification if in doubt concerning the meaning or intent of anything in the Request for Proposal.

2.11 Proponent’s Expenses

Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.


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2.12 Limitation of Damages Further to the preceding paragraph, the Proponent, by submitting a Proposal, agrees that it will not claim for damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of any amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal and the Proponent, by submitting a Proposal, waives any claim for loss of profits if no Contract is made with the Proponent.

2.13 Changes to Proposal Wording

The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the City for the purposes of clarification.

2.14 Pricing

(a) All painting Services will be scheduled to cause least disruption to the public and City staff. All prices submitted must reflect this.

(b) Proponents are to build their pricing with regular, overtime and statutory holiday work hours anytime; 24/7/365 and will include transportation, travel time, labour, supervision, safety gear, materials, equipment, tools, scaffold and all other charges applicable to complete the Work.

(c) Hourly rates apply to time on-site only. (d) Travel time shall not apply to and from the Contractor’s shop or other job sites. (e) All prices are quoted in Canadian dollars excluding all applicable taxes. (f) All pricing must be all-inclusive and remain firm for the duration of the Contract.

2.15 Error in Pricing

In case of conflict between the unit prices and totals, the unit price will govern. 2.16 Conflict of Interest

By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen by the City to create a conflict.

2.17 Acceptance of Proposals

(a) This Request for Proposal should not be construed as an Agreement to purchase goods or services. The City is not bound to enter into a Contract with the Proponent who submits the lowest priced Proposal or with any Proponent. Proposals will be assessed in light of the evaluation criteria identified in Section 4.0, Clause (4.3). The City will be under no obligation to receive further information, whether written or oral from any Proponent.

(b) Neither acceptance of a Proposal nor execution of a Contract will constitute approval from any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statue, regulation or by-law.

2.18 Privilege Provisions The City reserves the right to:

(a) Reject any and all Proposals, including without limitation the lowest priced Proposal, even if the lowest priced Proposal conforms in all aspects with the RFP; or


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(b) Accept a Proposal which is not the lowest priced, even if the lowest priced Proposal conforms in all aspects with the RFP; or

(c) Award a Contract in full, in part, or to split an award with more than one Proponent on the basis of Proposals received, as it deems appropriate and in the City’s best interests; or

(d) To reject Proposals which are incomplete, conditional or obscure or erasures or alterations of any kind; or

(e) To reject any or all Proposals at any time prior to execution of an Agreement; or (f) To waive minor informalities, irregularities or other deficiencies in any Proposal; or (g) To accept a Proposal which does not conform strictly to the requirements of the

Proposal documents; or (h) Amend or revise the RFP by addenda up to the specified closing date and time; or (i) To assess the ability of the Proponent to perform the Contract and reject any

Proposal where, in the City’s sole estimation, the personnel and/or resources of the Proponent are insufficient; or

(j) To award a Contract to the Proponent other than the one with the most points, if, in the City’s sole determination, another Proposal is determined to be the “Best Value” to the City, taking into consideration the price and evaluation criteria of the RFP.

2.19 Right to Cancel the RFP Process

The City reserves the right in its sole discretion to postpone or cancel this RFP process at any time and may in its discretion, elicit offers from other parties (whether or not such parties have responded to this RFP) or engage in another procurement process, including re-issuing a similar RFP or negotiating with any party if: (a) Only one Proposal is received; or (b) A suitable Proponent has not been selected; or (c) At any time prior to entering into a executed Agreement with the successful

Proponent; or (d) Approval is not granted by the City of Nanaimo Council, or Assistant City

Manager/GM, or Director of Finance as outlined in the City of Nanaimo’s Council Policy Purchasing Policies; or

(e) All Proposal(s) exceed the City’s set budget for this RFP.

2.20 Litigation Clause The City may, in its absolute discretion, reject a Proposal submitted by Proponents if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to:

Any other Contract for works or Services; or Any matter arising from the City’s exercise of its powers, duties or functions under the Local Government Act for another enactment

Within five years of the date of this Request for Proposal.

In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the affect the Proponent’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Proponent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Proponent.


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2.21 Ownership of Proposals All Proposals submitted to the City become the property of the City. They will be received and held by the City subject to the provisions of the “Freedom of Information and Protection of Privacy Act (FOIPPA)”.

2.22 Withdrawal of Proposals

Proponents may withdraw their Proposal at any time prior to the RFP “closing date & time” by submitting a written withdrawal letter to the Purchasing Department via email: [email protected], attention: Silvia Reid, Buyer.

2.23 Open for Acceptance

The Proponent’s offer shall remain open for acceptance for ninety (90) calendar days from the Closing.

2.24 Working Language of the City

The working language of the City is English and all responses to this Request for Proposal must be in English.

2.25 Debriefing

At the conclusion of the Request for Proposal process, all Proponents will be notified. Unsuccessful Proponents may request a debriefing meeting with the City.

2.26 Opening of Proposals Proposals will not be opened in Public. Section 3.0 General Terms and Conditions 3.1 Definition of Contract

Notice in writing to a Proponent that is has been identified as the successful Proponent and the subsequent full execution of a written Agreement will constitute a Contract for the Services, and no Proponent will acquire any legal or equitable rights or privileges relative to the Services until the occurrence of both such events.

3.2 Form of Contract

(a) By submission of a Proposal, the Proponent agrees that should it be identified as the successful Proponent it is willing to enter into an Agreement with the City in accordance with the terms of the Sample Form of Agreement shown as Appendix ‘A’.

(b) Any changes to the Agreement after it is issued will be by way of a modification and will only be legally binding upon prior mutual agreement in writing by the parties to the Agreement.

3.3 Business License

The successful Proponent will obtain and maintain throughout the term of this Agreement a valid City of Nanaimo business license.

3.4 Insurance Requirements The successful Proponent prior to Contract award shall provide evidence of insurance as stated in Appendix ‘A’ Sample Form of Agreement, Clause (22) Insurance Requirements. No Contract will be awarded to any Contractor who cannot meet the insurance requirements.



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3.5 WorkSafe BC The successful Proponent shall provide a WorkSafe BC clearance letter to verify the Contractor is in good standing prior to Contract award. No Contract will be awarded to any Contractor who is not in good standing with WorkSafe BC.

3.6 Prime Contractor

The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder should also understand the general duties of the Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Bidder should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.

Prime Contractor information is included in:

Appendix ‘D’: Prime Contractor General Information Form; and Appendix ‘E’: Prime Contractor Preconstruction Meeting Form.

3.7 Fuel Consumption Data

Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. Commencing on the Agreement start date, the City of Nanaimo will require the successful Proponent to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of services described in this Contract on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided should be completed as outlined on the ‘Contractor Reporting Fuel Consumption Worksheet Instructions Appendix ‘B and ‘Contractor Fuel Reporting Consumption Worksheet Appendix ‘C’.

3.8 Minimum Rate of Pay

Collective Agreement Between the City of Nanaimo and Canadian Union of Public Employees, Local 401 - Article 31 – Contract or Sub-Contracts Every Contract made by the Employer for construction, remodeling, repair or demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition: “Minimum rate of pay for work performed under this Contract or under sub-contract shall be as classified in the current Agreement between the City of Nanaimo and the Canadian Union of Public Employees, Local No. 401”.

Minimum Rate of Pay information is included in:

Appendix ‘F’ Article 31 Information 3.9 Time is of the Essence

Time is of the essence.


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Section 4.0 Evaluation and Selection 4.1 Evaluation Team

Evaluation of Proposals will be by a team formed by the City, which may consist of one or more persons. The City reserves the right and at its sole discretion to choose the evaluation team members. The evaluation team may, at its sole discretion seek clarification or additional information on any Proposal when it is in the best interest of the City to do so. The evaluation team may consider such clarifications or additional information in evaluating Proposals.

4.2 Mandatory Requirements The following are mandatory requirements. Proposals not meeting all the mandatory criteria will be rejected without further consideration. Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria Section 4.0, Clause (4.3).

Item No. Mandatory Requirement

1. Proponents must attend the Mandatory Information Meeting scheduled on Friday, April 12, 2013 at 9:00 a.m., Pacific Time at the location specified. Proponents must sign the attendance sheet to confirm attendance.

2. The Proposal must be received at the closing location by the specified closing date and time.

3. The Proposal must be in English and must not be send by facsimile. 4. Appendix ‘H’ Acceptance of RFP Terms and Conditions Form must be

signed by a person authorized to sign on behalf of the Contractor and to bind the Proponent to statements made in response to this RFP.

5. Appendix ‘I’ Proponent Questionnaire Response Form must be submitted. Proponents are to provide their response directly onto Appendix ‘I’. If the response is lengthy, Proponents may provide additional information as an Appendix.

4.3 Desirable Criteria

In order to receive full consideration during evaluation, Proponents are encouraged to follow the Proposal Submission Format and Content identified in Section 5.0 and ensure all sections are addressed in Appendix ‘I’ Proponent Questionnaire Response Form.

Desirable Criterion Weighting Company Profile For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix ‘I’ Proponent Questionnaire Response Form, Part A Company Profile.

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Desirable Criterion (Continued) Weighting Experience, Qualification and Capability For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix ‘I’ Proponent Questionnaire Response Form, Part B Experience, Qualifications and Capability.

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Financial Proposal For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix ‘I’ Proponent Questionnaire Response Form, Part C Financial Proposal.

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Value Added For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix ‘I’ Proponent Questionnaire Response Form, Part D Value Added

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Optional Interview 10 References Pass/Fail

Total 110

Preference shall be given to Contractors located within the Regional District of Nanaimo where quality, service and price are equivalent.

The intent is the highest ranked Proponent will be the Primary Contractor and up to two Secondary Contractors may be developed in order of highest to lowest and the call-out list will be made in that order. Notwithstanding the foregoing, the City reserves the right to award the Contract to the Proponent other than the one with the most points, if, in its sole determination, another Proposal is dement to be “Best Value” to the City, taking into consideration the evaluation criteria of the RFP.

After an initial review and evaluation of all the Proposals the City may, at its option, conduct interviews with one or more highest ranking Proponent(s). This will provide the City an opportunity to meet the Proponent and ask questions regarding the contents of their Proposal and will score the interviews accordingly. Alternatively, if in its sole discretion the City determines there is a clear leading Proponent, the City retains the right to bypass the interview process and proceed directly to award. Any award of a Contract will be subject to satisfactory references checks in the sole opinion of the City. The City will not enter into any Contract with a Proponent whose references are found to be unsatisfactory. No award will be made to any Proponent who cannot give satisfactory assurance of their ability to carry out the Contract. No award will be made to any Proponent that is legally constrained or not authorized to conduct the required acquisition.


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4.4 Negotiations It is the intent of the City to ensure it has the flexibility it needs to arrive at a mutually

acceptable Agreement. The award of the Contract is subject to negotiations. Negotiations may include, but not limited to, matters such as: (a) Price adjustments; (b) Changes to the Scope of Work or Requirements; (c) Specific Contract details as deemed reasonable for negotiation by the City; (d) Contract payment details; and (e) Other

If a written Contract cannot be negotiated within (30) calendar days of notification to the lead proponent, the City may, at its discretion at any time thereafter, terminate negotiations with the lead proponent and either enter into negotiations with the next qualified proponent or cancel the RFP process and not enter into a Contract with anyone. It is not the intent of the City to allow for new or significantly altered Proposal in any negotiations with the lead Proponents.

Section 5.0 Proposal Submission Format and Content This Proposal Format should be followed in accordance with the following outline. Be sure to:

(a) Meet all the mandatory criteria as outlined in Section 4.0, Clause (4.2) in this RFP document. Failure to do so will result in the Proposal receiving no further consideration.

(b) Submit Appendix ‘H’ Acceptance of RFP Terms and Conditions, signed by a person authorized to sign on behalf of the Contractor and bind the Proponent to statements made in response to this Request for Proposal. Failure to do so will result in the Proposal receiving no further consideration.

(c) Submit Appendix ‘I’ Proponent Questionnaire Response Form. Be sure to address all requirements of each question. All questions are important to the City.

The following format and sequence should be followed in order to provide consistency In Proponents response and ensure each Proposal receives full consideration. All pages should be consecutively numbered.

1. Title page, showing the Request for Proposal number, Proponent’s name and address, Proponent’s telephone number, fax number, email address and a contact person.

2. Table of contents, including page numbers of all major headings. 3. The completed attached Acceptance of RFP Terms and Conditions form, Appendix

‘H’. 4. The completed attached Proponent Questionnaire Response Form, Appendix ‘I’. 5. Proof of Qualifications


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SCHEDULE ‘A’ SCOPE OF WORK AND REQUIREMENTS

1. On Call Painting Services for the individual projects will be on an “as needed” basis for projects ranging in size from under $1,000 to $25,000 for any City Park or City owned facility (the “Work Site”) within the City of Nanaimo and will include, but not be limited to: Interior and exterior painting to buildings, swimming pools, tennis courts, play equipment

and other park infrastructure; Painting items such as picnic tables boards, bench boards, street barricades, etc. Work Site analysis; Prepare estimates; Supply of all labour, materials, equipment, tools, permits and supervision necessary to

complete the; Conduct appropriate paint preparation; Patch or repair the painting surface; Primer and paint; Other related and/or similar work as directed.

2. The intent is the highest ranked Proponent will be the Primary Contractor and up to two

Secondary Contractors may be developed in order of highest to lowest and the call-out list will be made in that order. If the Primary Contractor (the highest ranked Proponent) on the list is unable to perform the Painting Services at any point or within the time frame requested by the City, the City may, at its sole discretion, contact the Secondary Contractor(s) in order of listing or conduct the Work in-house.

3. There is no guarantee of painting Work and no exclusivity to the Primary or Secondary

Contractor(s). (i) The City reserves the right to solicit tenders, proposals and/or quotations from other

painting Contractors for individual projects anticipated to exceed $25,000, or perform the work in-house.

(ii) The City reserves the right to hire Contractors outside of this list if no Contractor is available in the allowable time frame as per Clause (6).

4. Quality Assurance

All materials, preparation and workmanship for the work shall conform to the standards contained in the latest edition of the Master Painters Institute (MPI) Manual, latest edition as issued by the local MPI Accredited Quality Assurance Association having jurisdiction.

5. Project Submission Requirements

(a) If requested by the Project Manager, the Contractor will provide a written estimate. The fully completed work or service will be completed at a cost no greater than such estimate unless a change order has been requested and approved.

(b) Submit a list of all painting materials to the Project Manager for review prior to ordering materials.

(c) Schedule Work to prevent disruption of the general public, staff and other trades when applicable.

(d) Submit a work schedule for the City’s review and approval. (e) At project completion, provide an itemized list complete with manufacturer, paint type

and color coding for all colors used and confirm with the Project Manager if paint of each color from the same production run (batch mix) is required.


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6. Hours of Work (a) Typical lead-time for authorization to proceed with the Project is forty-eight (48) hours

notice – however, more or less time may be given depending on the requirements. (b) Under no circumstance will overtime be paid by the City or be charged to the City by the

Contractor. (c) Weekend, evening or statutory time may be required. (d) Work time will be charged for hours on the job only [FOB Work Site(s)] or by price per sq

ft, whichever may result in the least cost to the City.

7. Product Delivery, Storage and Handling (a) Deliver all painting materials in sealed, original labeled containers bearing

manufacturer’s name, brand name, type of paint or coating and color designation, standard compliance, materials content as well as mixing and/or reducing and application requirements. MSDS sheets will be made available upon request to the City.

(b) Take all necessary precautionary and safety measures to prevent fire hazards and spontaneous combustion and to protect the environment from hazard spills. Materials that constitute a fire hazard (paints, solvents, drops clothes, etc) shall be stored in suitable closed and rated containers and removed from Work Site on a daily basis.

(c) Comply with requirements of authorities having jurisdiction, in regard to the use, handling, storage and disposal of hazardous materials.

(d) The Project Manager may provide the Contractor with adequate storage space for paint materials for the specific project, but not for long term storage.

8. Ventilation

The Contractor is to provide heat, light and ventilation for interior painting when required. The Contractor must ensure there is sufficient ventilation in confined areas.

9. Equipment/Tools (a) All equipment and tools required to perform the Work is provided by the Contractor. (b) Painting Equipment: to best trade standards for type of product and application. (c) Spray-Painting Equipment: ample capacity suited to the type and consistency of paint or

coating being applied and kept clean and in good working order at all times.

10. Finish and Colors (a) Unless otherwise specified herein, all painting work shall be done in accordance with the

Masters Painters Institute Manual, latest edition for the work requested. (b) Colours shall be selected by the City from a manufacturer’s full range of colors. A color

list is provided. Refer to Schedule ‘B’ City of Nanaimo Paint Codes - General Paint. (c) Contractor shall notify the City for inspection and approval of colors selected prior to the

final coat application. All paint materials used must be listed in the most recent MPI Approved Products List. Where practical and will produce acceptable results, products shall meet the MPI’s Green Performance Standard GPS-2 (VOC at or below 50 g/L for all Interior and Exterior Flat and Non-Flat Intermediate and Topcoats).

11. Clean-up (a) Keep work area free from any unnecessary accumulation of tools, equipment, surplus

materials and debris. (b) Remove oily rags, waste and other combustible materials and empty paint cans from the

Work Site daily and safely dispose of same in accordance with requirements of authorities having jurisdiction.


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(c) Clean equipment and dispose of wash water /solvents as well as all other cleaning and protective materials (e.g. rags, drop cloths, masking papers, etc.) paints, thinners, paint removers/strippers in accordance with the safety requirements of authorities having jurisdiction.

(d) All debris caused by the painting operation shall be removed daily the Contractors. (e) Do not use washroom or laundry sinks for cleaning tools and equipment, etc. (f) Remove all materials, tools owned by the Contractor and all debris created by the

Contractor, on completion of the Work and clean up. (g) Do not use the City’s rubbish containers unless prior approval is granted by the Project

Manager for the specific project.

12. Disposal of Waste Materials The Contractor shall be responsible for the disposal of all waste materials in accordance with the local municipal bylaws and the BC Waste Management Act.

13. Standards of Work

(a) All work shall be performed by skilled painters, experienced in their trade, according to best trade practices for first class work and to the Master Painters Institute Painting Manual. Refer to the MPI Painting Manual in regard to specific requirements.

(b) Prepare all surfaces in accordance with Master Painters Institute requirements. Refer to the MPI Painting Manual in regard to specific requirements.

(c) Paint all surfaces in accordance with the Master Painters Institute Painting Manual requirements.

(d) Repair all minor voids, nicks, cracks and dents as necessary with suitable patching materials.

(e) All materials and Work must be in accordance with the following latest regulations and standards and must comply with all municipal, provincial and other regulations.

(f) All necessary permits, licenses, etc. shall be the responsibility of the Contractor.

14. Qualified Personnel (a) The City would like to have qualified tradesmen with Red Seal Trade Qualifications. (b) The Contractor will provide only personnel who have the qualifications, experience and

capabilities to perform the work. If the City reasonably objects to the performance, experience, qualifications or suitability of any of the Contractor’s personnel, then the Contractor will, on written request from the City, replace such personnel or sub-contractors.

(c) All laborers or apprentices are required to work under the supervision of a Red Seal Trade qualified journeymen.

15. Use of Work Site

The Contractor shall confine the use of the Work Site for the Contractor’s work as directly by the City and shall comply with regulations which govern the Work Site where the work is located.

16. Criminal Record Check

The Contractor should be aware that any personnel, which include any sub-contractors working under this Contract, will be required to obtain a criminal records check prior to beginning any work and any individuals not cleared will not be permitted to work under this Contract. This will be an annual requirement for individual working under this Contract. The cost of such checks will be borne by the Contractor


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17. Coordination and Cooperation The Contractor may be required to coordinate their work with other trades, City staff and other personnel while their Work is under way.

18. Inspection

(a) The work is subject to inspection and in case of any of the work is not in conformity with the Requirements of the Contractor or the Contractors’ warranty (expressed or implied), the Project Manager shall have the right either to reject the work or to require correction.

(b) The Project Manager shall be the final judge of the work and materials in respect of both quality and quantity and decisions on all questions in dispute with regard thereto will be final.

(c) The City will not be deemed to have accepted the Work by virtue of a partial or full payment.

19. Damage to Facilities

(a) The Contractor shall be responsible for the cost of damage caused by the Contractor or its employees to the facilities or the contents in which the Services are performed, reasonable wear and tear expected.

(b) Adequately protect other surfaces from paint and damage. Make good any damage as a result of inadequate or unsuitable protection.

(c) Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation areas. Vacuum and clean dust from any areas where filling or sanding has taken place.

(d) Protect all surfaces and/or finishes from splashes, drips and/or any other form of foreign stains.

(e) It shall be the responsibility of the Contractor to ensure that the application by the Contractor’s staff of all products and equipment shall not damage the surface on which they are employed.

(f) All damage resulting from misuse of materials or equipment by the Contractor or its employees shall be paid for by the Contractor. The City may repair such damage and deduct the amount of such repairs from any amount owning to the Contractor.

20. Electrical Safety

Any electrical equipment used by the Contractor in the performance of the Contract must be certified by an accredited certification organization such as Canadian Standards Association (CSA) acceptable to the City. If on-site CSA approval is required it will be the Contractor’s responsibility to obtain its approval. All costs of approval or to obtain the required certification will be the sole responsibility of the Contractor.

21. Change Orders The Contractor is not to perform a change in the work without authorization from the Project Manager through a Change Order directive. Upon issuance of an approved Change Order, the Contractor agrees that additional changes for the work to be performed is to be as per the agreed upon amounts.

22. Sub-Contracting Contractors may be required to submit a list of potential sub-contractors for approval by the City. The Contractor is responsible for supervising and coordinating all services delegated to the subcontractors and for the proper execution of the contract under the terms and conditions specified.

May Bennett 01 - B-4L2 3841W; 70010May Bennett Dark Blue 01 - B-22Y18; EY24; V-1Y24; KX-1Y12 58254May Bennett Grey 01 - B-2Y2; C-25; L-30; KX-1Y 70049May Bennett Football Washroom 01 - A-2Y; F-46; I-2; KX-2Y24 70049M. B. Football Fieldhouse Grey 01 - B-1Y30; C-10; L-30; KX-1Y 70049

Judo Club Rock Match 01 - C-28; F-6 1/2; L-6 1/2 70049

NAC Orange 01 - Q R-4; Q V-4; V0-8Y 16054 Green Metal match 14 - B-26; C-16; E-30; KX-13 57052

Departure Bay Fieldhouse 01 - E-13 Y; V-20; KX-20 58354Departure Bay Activity Centre 01 - C-12; F-1 1/2; L-36; V-2 1/2 55010

05 - C-1Y12; F-7 1/2; L-3Y36; V-12 1/2 58020

Cliff McNab Arena: Dark Teal 01 - D-8Y; E-32; L-24; KX-4Y 70052 15 052 Light Teal/Stripes 01 - D-4Y; E-32; L-12; KX-3Y 15 052

Robbins Park Dugout 01 - B-24; D-6Y; I-42; T-1Y34; KX-18 58254

Bowen Picnic Shelter 01 - A-30; D-26; L-40 70010

Old Musem Exterior 01 - C-8; D-2; I-3 70010

Serauxman Electrical Kiosk 01 - B-1Y34; C-1Y16; D-8Y24; KX-1Y 70054New Ser. Fieldhouse Ext CL2327N Autoformula 70052Ser. Rotary Fieldhouse "Treebark" CL2911W Autoformula 55051 - 01Ser. Rotary Fieldhouse "Dulwych" CL2705D Autoformula 55049-01

Parks/Rec Culture Bldg Ext. 01 - B-4; C-18; F-1/2 70010

Schedule B City of Nanaimo - Paint Codes - General Paint

Centennial Building Wshrm CL3233M - Auto Formula 41052

Off Leash Dog Pk - Hut Trim 01 - B-2Y13; C-5Y40; F-2Y40; KX-26 70052

Beban House Door Frames Green Match 01 - B-30; C-1Y32; D-38; KX-3Y12 58246Beban Fieldhouse 01 - B-4 1/2; C-44; I-14 58020 also 55010Beban Fieldhouse Doors 01 - A-40; F-2Y38; I-3Y6; V-2Y28; KX-42 58352Beban Dugout Trim 01 - A-14; B-2; L-1Y 58020

Louden Park - Grey walls 01 - B-1Y9; C-31; F-6; KX-16 70010

Westwood Lake Yellow 01 - B-8; C-2Y36; F-2 50010Westwood Lake Green 01 - B-3Y; C-4Y30; D-6; KX-2Y14 55052

Parks Yard office trim 01 - B-14; C-2Y24; F-18; KX-1Y36 58249 office wall 01 - I-2; T-1Y6 55010

City Light Blue Wave 01 - A-20; D-1Y; E-5Y; KX-5Y32 58252

Cemetary Fieldhouse 01 - B-27; E-9Y; V-30; KX-3Y 58254

City Fieldhouse Green Trim/Doors 01 - C-26; D-4Y19; F-34; KE-16 58249

Kin Hut light colour 01 - C-10; I-6; L34 58020 dark colour 01 - B-18; C-1Y2; I-22; KX-2Y24 58249

Curling Rink Doors 14 - B-2Y10; C-214; L-20 70010

Port Place Theatre - Exterior Stucco 01 - B-1Y20; C-1Y40; S-518; KX-1405 - B-7Y4; C-9Y8; S-51Y42; KX-1Y22 70049

Port Place Stucco 01 - B-32; C-1Y12; I-22 70010

Caledonia Blue 01 - B-1/2; C-4 1/2; E-8Y9; KX-4Y 70052

Frank Crane Exterior Doors 8415 D Autoformula 58252

Northfield Washroom Interior Walls 01 - 1Y20; C-30; I-1; KX-1Y24 52010

Tennis Court Green - Poles (high gloss) 01 - C-3Y6; D-1Y; E-6Y24; KX-16 70054 also 32054

City Wall Retaining Wall 01 - B-19; C-18 1/2; F-5

City of Nanaimo basics: Blue 01 - E-13Y; V-20 70052 also 3886A Yellow 01 - A-13Y36; S-S2; T-8 70052 102-7A Red 01 - A-2Y8; S-S7Y4; V-1Y; KX-46 70054 Green 1 - A-4Y32; D-8Y36; L-22 70052 1277A

City Park Benches: Yellow 01 - A-13Y36; S-S2; T-8 70052 102-7A Green 01 - A-4Y32; D-8Y36; L-22 70052 127-7A Blue 01 - E-13Y12; V-20 70052 3886A

Appendix ‘A’ Sample Form of Agreement RFP No. 1418 On Call Painting Contractors

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On Call Painting Contractor Agreement No. 1418

THIS AGREEMENT made as of the _______day of ________, 2013 (the “Effective Date”). BETWEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 (the “City”) AND:

(the “Contractor”) A. The City wishes to retain [_______________] as the Primary Contractor and

[________________] as Secondary Contractor(s) for those occasions where the primary Contractor is unable to meet the City requirements related to the Services set out in this Agreement.

B. The Contractor has agreed to perform the Services in accordance with the terms and

conditions of this Agreement.

In consideration of the terms, covenants and conditions of this Agreement, the City and the Contractor agree as follows:

1. Definitions In this Agreement, the following words and terms, unless the context otherwise requires, will have the meanings set out below:

(a) “Project Manager” means the person responsible for the Project from start to finish and

ensures that the Project is completed to meet a certain standard. (b) “City” means the City of Nanaimo. (c) “Project” or plural thereof means the painting Services requested by the City. (d) “Services” means minor painting and painting-related Projects. (e) “Work” means all the labour, materials, equipment, tools, supplies, supervision and all

other items necessary for the execution, completion and fulfilment of the Services at the rates submitted.

(f) “Work Site” or plural thereof means any City Park or City owned facility where the Services or Work is being performed.


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2. Term of Agreement The initial term of the Agreement is three (3) years and shall commence on the Agreement Effective Date unless terminated, cancelled or extended. The term may be extended at the City’s sole discretion for up to two (2) additional one-year terms subject to satisfactory performance reviews and price negotiations. The City shall not incur any liability, should it choose not to exercise its exclusive option to extend the Agreement.

3. Contract Documents

The terms and conditions of the contract documents, whether or not actually attached to this Agreement will govern the terms of this Agreement. The contract documents are complementary, and what is called for by any one will be as binding as if called for by all. The contract documents include and consist of:

(a) This Agreement, including any amendments to this Agreement; (b) The Proposal submission, including all attachments and appendices; (c) Schedule ‘A’ Scope of Work and Requirements; (d) Schedule ‘B’ City of Nanaimo Paint Codes – General Paint; (e) Appendix ‘C’ Contractor Reporting Fuel Consumption Worksheet; (f) Appendix ‘D’ Prime Contractor General Information; (g) Appendix ‘E’ Prime Contractor PreConstruction Form; (h) Appendix ‘F’ Article 31 Information; (i) Appendix ‘H’ Acceptance of RFP Terms and Conditions Form [Appendix ‘H’ as

modified from RFP document]; (j) Appendix ‘I’ Proponent Questionnaire Response Form [Appendix ‘I’ as modified from

RFP document]; (k) Certificate of Insurance; (l) City of Nanaimo Business License; (m) WorkSafe BC Clearance Letter; (n) Criminal Record Checks; (o) Any amendments or addenda to the RFP issued by the City; and (p) Those parts not referenced above, but agreed upon by both Parties.

4. Conduct of the Agreement

For the purpose of this Agreement, the City designates as its Contract Manager: [Name, Title]

[Address] Telephone: [__________] Cell: [____________] Fax: [____________] Email: [_________________] For the purpose of this Agreement, the Contractor designates as its Contract Manager:

[Name, Title] [Address]

Telephone: [__________] Cell: [____________] Fax: [____________] Email: [_________________]


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The Contract Manager will be the primary point of contact for each party in the administration of this Agreement. Either Party may change its Contract Manager by written notice to the other party.

5. Changes to the Agreement Any changes to the Agreement after it is issued will be by way of a modification and will only be legally binding upon prior mutual agreement in writing by the parties to the Agreement.

6. Exclusivity The resulting Agreement is not an exclusive Agreement to provide painting Services to the City. Should the Primary Contractor be unable to perform the Painting Services at any point or within the time frame requested by the City, the City may, at its sole discretion, contact the Secondary Contractor(s) to perform the work or conduct the work in-house.

The City reserves the right to solicit tenders, proposals and/or quotations from other painting Contractors for individual Projects anticipated to exceed $25,000, or perform the work in-house.

7. Payments The Contractor shall be paid net thirty (30) days from receipt of invoice and acceptance of the work, whichever is the later.

8. Invoices

To ensure prompt payment, the Contractor will be expected to provide detailed invoices that include: (a) Purchase Order Number and Contract Number; (b) Project Name and Project Manager’s name overseeing the Work; (c) The total number of hours worked and/or square foot, and the materials used; (d) Where the fees include the cost of sub-contractors, itemization of the total number of

hours worked and/or square foot, and the materials used. (e) A list of all paint materials order for the project work, indicating manufacturer, types and

quantities for verification and compliance specification if requested. (f) List all applicable taxes payable as a separate line item. (g) Invoices can be submitted by mail or electronically to the City of Nanaimo, Accounts

Payable Department, 411 Dunsmuir Street, Nanaimo, BC V9R 0E4 Email: [email protected], unless other prior arrangements have been made.

9. Performance

(a) The City will be the sole judge of the efficiency and acceptability of each employee’s performance while on the Work Site. The City reserves the right to require the Contractor to remove any personnel from further duty at the Work Site, without cause and without the right to recover damages by such employee or by the Contractor from the City.

(b) Should the Contractor neglect to execute the Work properly or fail to perform any of the provision of the Contract, the City may, without prejudice to any other right or remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment due to the Contractor.



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10. Defective Work Acceptance of the Work by the Project Manager shall not release the Contractor from responsibility for correcting deficiencies which have not been identified at the time of drawing up the deficiency list of which become apparent at a later time.

11. Employee Conduct

(a) The Contractor shall require all of its employees performing Services to adhere to all existing and future City policies with regard to harassment, workplace conduct and other policies of like nature.

(b) The Contractor shall provide trustworthy, reliable employees and shall make a good faith effort to retain the same employees on the same schedule for the same facility for as long as possible.

(c) The City reserves the right to approve or reject any change of the Contractor’s personnel. If new personnel are place, the Contractor must follow the same procedure for Criminal Record Checks and the City shall be notified of any new personnel.

(d) The Contractor agrees that all personnel servicing the City shall: Sufficiently read, write, speak and understand the English language. Have the necessary public relations skills to effectively interact with the City’s

representatives and the public. Be professional and courteous. Maintain a non-confrontational attitude. No smoking, loud music, foul language, drugs and alcohol are strictly prohibited on

the City’s property at any time. Wilful, negligent or reckless action in disregard of safety or sanitary requirements or

regulations. Any action which may constitute a public nuisance or disorderly conduct.

12. Supervision The Contractor shall provide supervision and at all times appoint sufficient supervisory personnel to manage and direct the Contractor’s workforce and to ensure safety and the ongoing capability of the Contractor to deliver the full and complete performance of the Services to the City. All laborers or apprentices are required to work under the supervision of a Red Seal Trade qualified journeymen.

13. Parking The Contractor and its employees will be required to make their own parking arrangements. Where parking is available at any of the facilities the Contractor and its employees will be required to pay for parking at the normal rates established for members of the public parking at such facilities.

14. Prime Contractor The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder should also understand the general duties of the Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Bidder should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.


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15. Compliance with Laws. The Contractor shall comply with all applicable federal, provincial, municipal and regulatory laws, statutes, regulations, or bylaws. The Contractor will, as a qualified and experienced Contractor, interpret applicable codes, laws and regulations applicable to the performance of the Services. If an authority having jurisdiction imposes an interpretation which the Contractor could not reasonably have verified or foreseen prior to entering into this Agreement, then the City will pay the additional costs, if any, of making alterations so as to conform to the required interpretation.

16. Business License

The Contractor shall obtain and maintain a valid City of Nanaimo business license for the term of the Agreement, including any extensions granted by the City.

17. WorkSafe BC The Contractor and any approved sub-contractors must be registered in good standing with WorkSafe BC, in which case WorkSafe BC coverage must be maintained for the duration of the Contract. The Contractor agrees and shall: (a) Provide at its own expense the necessary WorkSafe BC compensation coverage for all it

employees and partners employed or engaged in the execution of the Work; (b) Remain current with all assessment reporting and payments due there under and shall

comply in every respect with the requirements of the Workers’ Compensation Act and Regulations; and

(c) Be solely responsible for to ensure that all sub-contractors have proper Work Safe BC coverage.

18. Occupational Health and Safety Requirements

The Contractor shall strictly comply with the current Industrial Health and Safety Regulations of WorkSafe BC and the safety policies/procedures of the City of Nanaimo. Other applicable federal, provincial and local regulations and policies concerning the health and safety of workers and general public shall also be followed.

19. Sub-Contracting

The Contractor is responsible for supervising and coordinating all Work delegated to the subcontractors and for the proper execution of the contract under the terms and conditions specified. All sub-contractors must be approved by the Project Manager.

20. Assignment and Sub-Contracting

The Contractor shall not, without the prior written approval of the City: (a) Assign, either directly or indirectly, this Contract or any right of the Contractor under this

Contract; or (b) Sub-contract any obligation of the Contractor under this Contract.

21. Indemnification

The Contractor agrees to indemnify, defend and save harmless the City of Nanaimo, including without limitation, its Council Members, agents, servants and employees from and against all suits, claims, demands, losses, damages, expenses and costs made against or incurred, suffered or sustained by the City at any time or times (either before or after the expiration or sooner termination of this Agreement) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Contractor or by any servant, employee, officers, director or sub-contractor of the Contractor pursuant to


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this Agreement, excepting always liability arising out of the independent negligent acts of the City.

22. Insurance Requirements The Contractor will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout this Agreement the following insurances in forms and amounts acceptable to the City from insurers licensed in the Province of British Columbia and in forms and amounts acceptable to the City: a) Commercial General Liability Insurance on an occurrence basis, in an amount not

less than two million ($2,000,000) dollars inclusive per occurrence against death, bodily injury and property damage arising directly or indirectly out of the Services or operations of the Contractor, its employees and agents. The insurance will include cross liability and severability of interests such that the coverage shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. The insurance will include, but not be limited to: premises and operators liability, broad form products and completed operations, owners and contractors protective liability, blanket contractual, employees as additional insured, broad form property damage, non-owned automobile, contingent employers liability, broad form loss of use, personal injury, and incidental medical malpractice.

b) Automobile Liability Insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than three million ($3,000,000) dollars per occurrence for bodily injury, death and damage to property.

c) Contractor’s Equipment Insurance in an all risks form equipment used for the performance of the Services by the Contractor.

d) Bonding: The Contractor shall upon the written request of the City ensure that those of its Workers whom the City requires to be bonded are bonded promptly and in a manner satisfactory to the City, at NO cost assumed by City. All insurance must be primary; and not require the sharing of any loss by an insurer of the City. If the insurance policy(ies) expire before the end of the term of this Agreement, the Contractor must provide within ten (10) working days of expiration, evidence of new or renewal policy(ies) of all expired insurance in a form acceptable to the City.

The Contractor shall provide, maintain, and pay for, any additional insurance which it is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this Section in its sole discretion.

Copies of all insurance renewals shall be provided to the City on an annual basis as requested, for the duration of the Agreement.

The Contractor shall place and maintain, or cause any of its sub-contractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct. The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractors property.

The insurance certificate shall name the City of Nanaimo as an additional insured and shall be in a format acceptable to the City.


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23. Safety The Contractor shall take care to ensure the safety of the general public, staff, vehicles and property whilst on City property. Where required, Contractors shall also erect barriers or guards, post watchmen, traffic control, etc. and will be fully responsible for carrying out his work in a safe manner. The Contractor shall maintain the site in a safe condition and employing only experienced, skilled, competent and sober workers. Smoking, loud music, foul language, drugs and alcohol are strictly prohibited on the City’s property at any time.

24. Protection of Person and Property

(a) The Contractor shall use due care that no persons are injured, no property damaged or lost, and no rights are infringed in the performance of the Work and the Contractor shall be solely responsible for all loss, damages, costs and expenses in respect to any injury to person, damage to property, or infringement of the rights of others incurred in the performance of the work or caused in any other manner whatsoever by the Contractor, or its employees.

(b) The Contractor shall effectively warn and protect the public and other personnel from

any danger as a result of the work being done.

(c) The Contractor shall maintain protection of all the Contractors work and materials from damage and shall protect the City’s and any adjoining property from injury due to the Contractors work.

25. Rectification of Damage and Defect

The Contractor shall rectify and loss or damage for which, in the opinion of the City the Contractor is responsible, at no charge to the City and to the satisfaction of the City. Alternatively, the City may repair the loss or damage and the Contractor shall pay to the City the costs of repairing the loss or damage forthwith upon demand from the City. Where, in the opinion of the City, it is not practical or desirable to repair the loss or damage, the City may estimate the cost of the loss or damage and deduct such estimated amount from the amount owing to the Contractor hereunder.

26. Failure to Perform

If, in the opinion of the Project Manager, the work is improperly, defectively, or insufficiently performed, or being performed, the Project Manager may, in writing, order the Contractor to re-execute or correct the work in accordance with such order; and if the Contractor fails to comply with such order within ten (10) working days, the Project Manager may, at any time thereafter, execute or cause to be executed the order so given, and the Contractor shall, on demand, pay to the City, all costs, damages, and expensed incurred in respect thereof or occasioned by reason of the non-compliance by the Contractor with any of such orders; and if the Contractor fails to pay such costs, damages, and expense, the City may retain and deduct such costs, damages, and expense from any amount then or thereafter payable to the Contractor under this Contract.

Should the Contractor neglect to execute the Work properly or fail to perform any of the provision of the Contract, the City may, without prejudice to any other right or remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment due to the Contractor.


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27. Termination The City will advise the Contractor by written notice of its intent to terminate the whole or any part of the Contract in any one of the following circumstance: (a) If the Contractor fails to make delivery of the goods, materials, equipment and/or work

within the time specified, or fails to perform any other provisions, terms or conditions of the Contract within the time specified, or within a reasonable time if no time is specified;

(b) Failure to perform any or all the work to the satisfaction of the Project Manager requesting the Work;

(c) In the event that the Contractor performs any act or does anything by which the City shall incur any liability whatsoever;

(d) Any failure of the Contractor to meet the safety requirements of the Contract; (e) In the event that any creditor of the Contractor causes a writ of execution or similar writ

or court order to be served upon the City requiring the city to pay any portion due to the Contractor under the Contracts; or

(f) In the event that the Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of creditors or if it becomes insolvent or if it should take the benefit of any Act that may be in force for bankrupt or insolvent debtors.

Under termination of the Contract, the City shall have no obligation to the Contractor except for such work and/or goods as have been supplied up to the date of the termination of the Contract(s).

Upon termination of the Contract in whole or in part, the City may procure similar goods, materials, equipment and/or work and the Contractor shall be liable to the City for any excess costs for such similar goods, materials, equipment and/or work.

28. Force Majeure Neither party will be liable for any failure or delay to perform that party's obligations resulting from any cause beyond that party's reasonable control, including but not limited to fires, explosions, floods, strikes, work stoppages or slowdowns or other industrial disputes, accidents, riots or civil disturbances, acts of civil or military authorities, inability to obtain any license or consent necessary in respect of use with any telecommunications facilities, or delays caused by carriers, contractors or material shortages.

29. Minimum Rate of Pay Collective Agreement Between the City of Nanaimo and Canadian Union of Public Employees, Local 401 - Article 31 – Contract or Sub-Contracts Every contract made by the Employer for construction, remodeling, repair or demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition:

“Minimum rate of pay for work performed under this Contract or under sub-contract shall be as classified in the current Agreement between the City of Nanaimo and the Canadian Union of Public Employees, Local No. 401”.

In the event the City has concerns that a Contractor is in violation of Article 31, the following shall apply: (a) The City shall immediately inform the Contractor of its concerns and require the

Contractor to comply. (b) The City shall follow up Contract and if violation still exists within thirty (30) days provide

written request for compliance.


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(c) If violation continues, the City shall provide second request within a further thirty (30) days and demand compliance or Contract forfeiture may occur.

(d) If violation continues, the City shall provide final request within a further thirty (30) days and may give two weeks’ notice for failure to comply with provision of Contract.

(e) The City may terminate the Contract and/or withhold funds and/or require the Contractor to submit appropriate monies to rectify the breach of Contract.

(f) If the City does not require forfeiture, such decision must be for bona fide operational or legal reasons.

(g) Notwithstanding the above, the City may proceed to (d) or (e) directly. 30. Fuel Consumption Data

Commencing on the Agreement start date, the City of Nanaimo will require the Contractor to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of services described in this Agreement on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided must be completed as outlined on the ‘Contractor Fuel Consumption Worksheet Instructions’ Appendix ‘B’ and ‘Contractor Reporting Fuel Consumption Worksheet’ Appendix ‘C’.

Submit your completed fuel consumption worksheets to:

[Name, Title] [Address]

Telephone: [__________] Cell: [____________]

Fax: [____________] Email: [_________________] 31. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Contractor accept the jurisdiction of the courts of Vancouver, British Columbia and agree that any action under this Agreement shall be brought in such courts.

32. Dispute Resolution

In the event of a dispute arising between the City and Contractor as to their respective rights and obligations under the Agreement, both parties agree to resolve the dispute by: (a) Frank and open negotiations whereby both parties use their best efforts to resolve the

dispute by mutual agreement including the most Senior Management of both parties. (b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to

appoint a mediator to resolve the dispute. All costs to be split equally. (c) If, after the mediation process is complete and the dispute is not resolved, the parties

shall proceed to arbitrations following the rules of procedures as per the British Columbia International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the exception of legal fees, shall be borne equally.

33. Freedom of Information and Privacy Protection Act (FOIPPA)

The contents of all document, including Proposals, submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions of the Freedom of Information and Privacy Protection Act (FOIPPA).


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34. Notices

(a) Any notice required or permitted to be given by one party to another pursuant to this Agreement must be in writing and will be validly given if delivered, electronically transmitted by email or mailed by pre-paid registered post to the parties as follows:

TO THE CITY OF NANAIMO:

[Name, Title] [Address] Telephone: [___________] Email: [__________________]

TO [CONTRACTOR NAME]:

[Name, Title] [Address] Telephone: [___________] Email: [__________________]

(b) Any notice given in accordance with this or any other provision of this Agreement is deemed to be received (a) if delivered by mail, by mailing to that party at their mailing address for notices and such delivery shall be effective when actually delivered or five (5) days following mailing, whichever is the earlier; (b) if delivered by electronic mail, by electronic transmission to that party’s email address for notices (if any) and such delivery shall be effective on the first business day following receipt of the electronic transmission. In the case of electronic mail transmission of notices, the party sending the notice shall be solely responsible for ensuring the notice is properly received by the recipient.

35. Time is of the Essence

Time will be of the essence of this Agreement. IN WITNESS WHEREOF this Agreement has been executed as of the day and year first above written by and on behalf of the parties by their duly authorized officers. If this Agreement is executed by more than one person, firm or corporation, it is understood and agreed that all persons, firms or corporations executing this Agreement are jointly and severally liable under and bound by this Agreement. CITY OF NANAIMO By its Authorized Signatories ________________________________ ___________________________________

(Print Name, Title) Authorized Signatory [CONTRACTOR NAME] By its Authorized Signatory (ies) __________________________________ ___________________________________

(Print Name, Title) Authorized Signatory


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APPENDIX ‘B’ CONTRACTOR REPORTING FUEL CONSUMPTION WORKSHEET INSTRUCTIONS

GENERAL INFORMATION This form contains the worksheet for the “Contractor Reporting Fuel Consumption Worksheet”, which applies to any Suppliers who have new or renewed contracts with the City of Nanaimo beginning on or after June 1st, 2012. Contractors can choose to report their fuel consumption according to the frequency that works best for them (e.g. by invoice, monthly, quarterly, or annually), although reporting on an invoice-by-invoice basis is recommended. At a minimum, fuel consumption must be reported annually. The due date for the fuel consumption worksheet(s) for the calendar year will be January 31st of the following year. Please note that you will only need to report fuel consumption data for fuel used in the delivery of a service to the City. Why do I have to report my fuel consumption? The City of Nanaimo, along with 95% of other local BC governments, signed the BC Climate Action Charter in 2007. As part of the Charter requirements, the City must measure and report on the City’s overall greenhouse gas (GHG) emissions each year, which was recently changed to include contracted emissions. Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. The City of Nanaimo is required to request specific vehicle and fuel consumption data from Suppliers, which will facilitate the calculation of greenhouse gas emissions by applying standardized emission factors. If you would like further information with regard to BC’s Climate Action Charter, and BC’s commitment to becoming carbon-neutral, please visit the Ministry of Environment website at: http://www.env.gov.bc.ca/cas/mitigation/carbon_neutral.html

http://www.env.gov.bc.ca/cas/mitigation/carbon_neutral.html

APPENDIX 'C' CONTRACTOR REPORTING FUEL CONSUMPTION WORKSHEET

Company Name:

Address:

Phone Number:

Contact Person:

Title:

Contact Phone:

Contract Description:

Contract Number / Identifier:

Reporting Period:* *(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy

Fuel Consumption Categories: Type of Fuel Total Consumption Unit of Measure

Light Duty Vehicle - Two door passenger cars Gasoline ______________ ______________ - Four door passenger cars Diesel ______________ ______________ - Station wagons Propane ______________ ______________

Natural Gas ______________ ______________ Other ________________ ______________ ______________

Light Duty Truck - SUV's Gasoline ______________ ______________ - Minivans Diesel ______________ ______________ - Full size vans Propane ______________ ______________ - Pickup trucks GVWR under 3856Kg (8,500 lbs) Natural Gas ______________ ______________ and curb weight under 2722 Kg (6,000 lbs) Other ________________ ______________ ______________

Heavy Duty Truck - Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) Gasoline ______________ ______________ and curb weight over 2722 Kg (6,000 lbs) Diesel ______________ ______________

Propane ______________ ______________ Natural Gas ______________ ______________ Other ________________ ______________ ______________

Off Road Vehicles and Portable Equipment - Vehicles and equipment not licensed for road use Gasoline ______________ ______________ - Snowmobiles Diesel ______________ ______________ - ATV's Propane ______________ ______________ - Lawnmowers and trimmers Natural Gas ______________ ______________ - Tractors Other ________________ ______________ ______________ - Construction equipment

I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period.

_______________________________________________ __________________________ _________________Signature Title Date (dd/mm/yyyy)

Prime Contractor General Information Form

APPENDIX “D”

This document does not replace the Workers Compensation Act or OH&S Regulations

Sections 118 of the Workers Compensation Act: “multiple employer workplace” means a workplace where workers of 2 or more employers are working at the same time. Note:

• Workers of one employer do not necessarily have to come in contact with workers of the other • They do not have to be in the same place at the same time • Workers’ activities could affect the health and safety of another employer’s workers. This is true

even if the workers at the workplace are workers of the owner or contractor. “prime contractor” means, in relation to a multiple-employer workplace,

(a) the directing contractor, employer or other person who enters into a written agreement with the owner of that workplace to be the prime contractor for the purposes of this Part, or

(b) if there is no agreement referred to in paragraph (a), the owner of the workplace. The prime contractor of a multiple employer workplace must

• Ensure that the activities of all employers, workers (including the owners), and other persons at the workplace relating to occupational health and safety are coordinated and

• Do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with the WC Act and the Regulation in respect of the workplace

Each employer of workers at a multiple employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace. For the sake of clarity, the following apply in determining whether there is a “multiple-employer” workplace:

• Two or more adjacent workplaces do not constitute a “multiple-employer workplace”, even though the activities at one place might affect the health and safety of workers at an adjacent workplace.

• In contrast, the workplace will generally be a “multiple-employer” workplace in the following situations:

-Workers of different employers are present at the same time working on the different projects; or -Workers of different employers are present at the same time working on the same project.

In either case the workplace would be considered a “multiple-employer” worksite.


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• In determining whether “workers of 2 or more employers are working at the same time”, the phrase “at the same time” will be given such fair, large and liberal construction as may best attain the objectives of section 118. “At the same time” does not mean that, at any precise point in time, there are workers of 2 or more employers present in the workplace. Rather, it means that, over an appropriate interval, there are workers of 2 or more employers present in the workplace, whether or not the 2 or more groups of workers are actually present together in the workplace at any precise point in time at all. The duration of the interval of time to be considered will depend upon the circumstances of the individual workplace.

• Whether the workers of the one employer come into actual contact with the workers of the other employer does not generally affect the determination of whether the workplace is a “multiple-employer workplace”. An employer, the employer’s workers and their activities could well affect the health and safety of another employer’s workers who come into the workplace later in the day or on another day, even though there may be no actual contact between the two groups of workers. However, the degree to which the activities of the first employer and its workers affect the health and safety of the second employer’s workers will generally affect the determination of the responsibilities of the prime contractor and of the two employers under Part 3 and the regulations

• Virtually all workplaces will be visited by workers of other employers. For

example, workers may deliver or pick up mail, goods or materials or enter to inspect the premises. Short term visits of this type, even if regular, do not make the workplace a “multiple-employer workplace” for purposes of section 118(1).

The written agreement referred to in section 118(1) of the Act must be made available within a reasonable time if requested by a Board officer. There can be only one "prime contractor" at a workplace at any point in time. If an owner enters into more than one agreement purporting to create a "prime contractor" for the same period of time, the owner is considered to be the prime contractor.


Page 3 of 3 Section 119 of the Workers Compensation Act: Every owner of a workplace must

(a) provide and maintain the owner's land and premises that are being used

as a workplace in a manner that ensures the health and safety of persons at

or near the workplace,

(b) give to the employer or prime contractor at the workplace the information

known to the owner that is necessary to identify and eliminate or control

hazards to the health or safety of persons at the workplace, and

(c) comply with this Part, the regulations and any applicable orders. Prime Contractor Qualified Coordinator OH&S Regulations 20.3: If a work location has overlapping or adjoining work activities of 2 or more employers that create a hazard to workers, and the combined workforce at the workplace is more than 5,

(a) the owner, or if the owner engages another person to be the prime contractor, then that person must

(i) appoint a qualified coordinator for the purpose of ensuring the coordination of health and safety activities for the location, and

(ii) provide up-to-date information as specified in subsection (4), readily available on site, and

(b) each employer must give the coordinator appointed under paragraph (a)(i) the name of a qualified person designated to be responsible for that employer's site health and safety activities.

(3) The duties of the qualified coordinator appointed under paragraph (2)(a)(i) include

(a) informing employers and workers of the hazards created, and

(b) ensuring that the hazards are addressed throughout the duration of the work activities.

(4) The information required by subsection (2)(a)(ii) includes

(a) the name of the qualified coordinator appointed under subsection (2)(a)(i),

(b) a site drawing, which must be posted, showing project layout, first aid location, emergency transportation provisions, and the evacuation marshalling station, and

(c) a set of construction procedures designed to protect the health and safety of workers at the workplace, developed in accordance with the requirements of this Regulation.

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Prime Contractor

Preconstruction Meeting Form APPENDIX “E”

Date: Meeting Location: Firm Name: Contract #: Prime Contractor: Prime Contractor’s Superintendent: City’s Contract Representative: AGREEMENT The Prime Contractor:

Acknowledges appointment as Prime Contractor defined by WorkSafe BC OH&S Regulations Sections 20.2 and 20.3, and in the Workers’ Compensation Act, Sections 118 Clauses 1 and 2.

Understands the Owners duties as defined in the Workers’ Compensation Act, Section 119. Understands for any discrepancy establishing health and safety protocol, WorkSafe BC OH&S

Regulation and/or the Workers’ Compensation Act (Part 3) shall prevail. Acknowledges being informed of any known workplace hazards by the owner or owner’s

delegate, by signing attached “Existing Known Hazard Assessment” form. Shall communicate known hazards to any persons who may be affected and ensure

appropriate measures are taken to effectively control or eliminate the hazards. Shall ensure all workers are suitably trained and qualified to perform the duties for which they

have been assigned. Shall ensure or coordinate first aid equipment and services as required by WorkSafe BC OH&S

Regulation. Shall coordinate the occupational health and safety activities for the project. Assumes responsibility for the health and safety of all workers and for ensuring compliance by

all workers with the Workers Compensation Act (Part 3) and WorkSafe BC OH&S Regulation. Understands any WorkSafe BC violation by the Prime Contractor may be considered a breach

of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City.

Understands any penalties, sanctions or additional costs levied against the Prime Contractor will be the responsibility of the Prime Contractor.

Accepts the following required documents shall be maintained and made available upon request from the City and/or WorkSafe BC Prevention officer at the workplace.

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The documents required to be maintained and available by the Prime Contractor will include, but not be limited to:

All notices which the Prime Contractor is required to provide to WorkSafe BC as per

WorkSafe BC OH&S Regulation. Any written summaries of remedial action taken to reduce occupational health and safety

hazards within the area of responsibility. All directives and inspection reports issued by WorkSafe BC. Records of any incidents and accidents occurring within the Prime Contractor’s area of

responsibility. Completed accident investigations for any incidents and accidents occurring within the

Prime Contractor’s area of responsibility.

On a construction workplace, these additional documents are required to be maintained and available by the Prime Contractor: • Records of all orientation and regular safety meetings held between contractors and their

workers, including topics discussed, worker names and companies in attendance. • Written evidence of regular inspections within the workplace. • Occupational first aid records. • Worker training records. • Current list of the name of a qualified person designated to be responsible for each

subcontractor (employer’s) site health and safety activities. • Diagram of the emergency route to the hospital.

The following information must be provided to the City Contract Representative:

WorkSafe BC Notice of Project WorkSafe BC Clearance Letter Prime Contractor’s OH&S Safety Program Prime Contractor’s OH&S Safety Program Document

First Aid Attendants:

Safety Supervisor:

Location of First Aid Station:

Signature of Prime Contractor: Signature of City Contract Representative:

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EXISTING KNOWN HAZARD ASSESSMENT

Discussion between the Prime Contractor and the City Contract Representative Date: Meeting Location: Prime Contractor: Prime Contractor Representative: • City Contract Representative to make the Prime Contractor aware of any known extraordinary

pre-existing hazards peculiar to the contract. • It is recognized the known pre-existing hazards identified may not be a comprehensive list and

due caution is always required. • Use additional pages if necessary.

Identified Extraordinary Hazards Action required to eliminate or control hazards and ensure worker safety

Comment:

Comment:

Comment:

Prime Contractor Representative (signature) City Contract Representative (signature) Prime Contractor Representative (printed) City Contract Representative (printed)

RFP #1418 On Call Painting Services

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Appendix ‘G’ Receipt Confirmation Form

Request for Proposal No. 1418

On Call Painting Services

Closing Date & Time: Prior to 3:00 P.M. (15:00hrs) Pacific Time, Thursday, April 25, 2013

For any further distributed information about this Request for Proposal, please return this form by fax or email as soon as possible to:

Silvia Reid, Buyer Email: [email protected] Fax: 250.756.5327

COMPANY NAME: ____________________________________________________ STREET ADDRESS: ____________________________________________________ CITY/PROVINCE: ____________________________________________________ POSTAL CODE: ____________________________________________________ PHONE NUMBER: ____________________________________________________ FAX NUMBER: ____________________________________________________ PHONE NUMBER: ____________________________________________________ CONTACT PERSON: ____________________________________________________ TITLE: ____________________________________________________ EMAIL ADDRESS: ____________________________________________________ Proponents: Please note all subsequent information will also be posted on the BC Bid and City of Nanaimo websites. The City will attempt to send information directly to those Proponents that have returned this form, but it is the responsibility of the Proponents to ensure that all information has been received.
