request for proposals for - nova scotia...1) include four (4) hard copies of the technical proposal...

REQUEST FOR PROPOSALS FOR

Snow Removal and Ice Control Services

For the IWK Health Centre

Request for Proposal Number: IWK-2019-242

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TABLE OF CONTENTS

PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS ..................................................................... 3 1.1 Invitation to Proponents .................................................................................................................. 3 1.2 RFP Contact ...................................................................................................................................... 3 1.3 Type of Contract for Deliverables .................................................................................................... 4 1.4 RFP Timetable .................................................................................................................................. 4 1.5 Mandatory Site Meeting .................................................................................................................. 4 1.6 Submission of Proposals .................................................................................................................. 4

PART 2 – EVALUATION AND NEGOTIATION ......................................................................................... 7 2.1 Stages of Evaluation ......................................................................................................................... 7 2.2 Stage I – Mandatory Submission Requirements .............................................................................. 7 2.3 Stage II – Evaluation ......................................................................................................................... 7 2.4 Stage III – Pricing .............................................................................................................................. 7 2.5 Selection of Highest Scoring Proponent .......................................................................................... 8 2.6 Conditions of Award ........................................................................................................................ 8

PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS .................................................................... 9 3.1 General Information and Instructions ............................................................................................. 9 3.2 Business Registration ..................................................................................................................... 10 3.3 Communication after Issuance of RFP ........................................................................................... 10 3.4 Notification and Debriefing............................................................................................................ 11 3.5 Conflict of Interest and Prohibited Conduct .................................................................................. 11 3.6 Confidential Information ............................................................................................................... 12 3.7 Reserved Rights, Limitation of Liability and Governing Law .......................................................... 13

APPENDIX A – FORM OF AGREEMENT ............................................................................................... 15 APPENDIX B – SUBMISSION FORM .................................................................................................... 34 APPENDIX C – SUBMISSION PRICING FORM ...................................................................................... 37 APPENDIX D – RFP PARTICULARS ...................................................................................................... 41

D.1 THE DELIVERABLES ......................................................................................................................... 41 D.2 MATERIAL DISCLOSURES ................................................................................................................ 47 D.3 RATED CRITERIA ............................................................................................................................. 56

APPENDIX E – LIST OF PROPERTIES ................................................................................................... 58 APPENDIX F – SITE DRAWINGS ......................................................................................................... 61 APPENDIX G – PROPONENT RESPONSE DOCUMENT .......................................................................... 62 APPENDIX H – DAILY WINTER SNOW REMOVAL AND ICE CONTROL LOG SHEET .................................. 76

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PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS

1.1 Invitation to Proponents

This Request for Proposals (the “RFP”) is an invitation by the IWK Health Centre (“IWK”), to prospective proponents to submit proposals for the provision of Snow Removal and Ice Control Services as further described in the RFP Particulars (Appendix D) (the “Deliverables”). This RFP is being conducted pursuant to the Nova Scotia Sustainable Procurement Policy and Procurement Manual.

1.1.1 Background The IWK Health Centre is seeking proposals for the provision of a Winter Maintenance Program for Snow Removal and Ice Control Services. IWK Health Centre is a healthcare facility that requires the Winter Maintenance to ensure it location and properties are safe and accessible to members of the public, including IWK patients, families & staff. The IWK is open 24 hour a day, every day of the year.

The IWK is an internationally recognized academic health sciences centre located in Halifax, NS dedicated to the highest standards of patient and family-centred care, research and education. The IWK is an integral part of the region’s communities, caring for a population of two million women, children, youth and families across Nova Scotia, Prince Edward Island and New Brunswick, and providing sub-specialty care to residents of Newfoundland & Labrador. As one of two provincial health authorities in Nova Scotia, the IWK is shaping, cultivating and stewarding the health agenda for families and has charted an ambitious course to world-class outcomes.

1.1.2 Locations

The IWK Health Centre requires snow removal and ice control services for the following property:

IWK Health Centre 5850/5980 University Avenue Halifax, N.S. B3K 6R8

1.2 RFP Contact

For the purposes of this procurement process, the “RFP Contact” shall be:

Amy Gillis, Strategic Sourcing Coordinator E-mail: [email protected]

Proponents and their representatives are not permitted to contact any employees or other representatives of the IWK, other than the RFP Contact or their designate, concerning this RFP. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal.

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1.3 Type of Contract for Deliverables

The selected proponent(s) will be required to enter into an agreement with the IWK for the provision of the Deliverables in the form attached as Appendix A to the RFP (the “Agreement). The initial term of the Agreement will be for a period of twelve (12) months. The IWK reserves the right to extend the Agreement for four (4) one-year extensions beyond the initial term, for an overall potential maximum of five (5) years in total.

1.4 RFP Timetable

Issue Date of RFP September 12, 2019 MANDATORY SITE MEETING DATE September 17, 2019 AT 1:00 PM ADT Deadline for Questions September 20, 2019 at 2:00 PM ADT Deadline for Issuing Addenda September 25, 2019 at 2:00 PM ADT Submission Deadline Date and Time October 1, 2019 at 2:00 PM ADT Anticipated Execution of Agreement October 4, 2019

The RFP timetable is tentative only, and may be changed by Nova Scotia at any time.

1.5 Mandatory Site Meeting

Proponents submitting a bid must attend the site tour, which will consist of an initial sign in, review of the proposal requirements, and a tour of all properties listed in Section 1.1.2. Proponents will be required to bring a safety vest to be worn for the duration of the tour. Parking will be available on site for a cost. It is recommended that proponents bring a copy of Appendix F – Site Drawings in order to take notes on detailed site specific requirements which will be disclosed during the tour. The tour is scheduled as follows: REGISTER - Proponents are to pre-register at IWK Health Centre, 5850/5980 University Avenue, Halifax, N.S. B3K 6R8, Security Desk, Women’s Building. Pre-registration will take place from 3:00 PM to 3:15 PM. Late registrants will not be eligible to submit a proposal in response to this RFP. TIME – 1:00 PM SEPTEMBER 17, 2019

Walking tour of the IWK Health Centre, 5850/5980 University Avenue, Halifax, N.S. B3K 6R8

ATTENDANCE AT THE SITE TOUR IS MANDATORY

1.6 Submission of Proposals

1.6.1 Proposals to be submitted at the Prescribed Location Proposals must be submitted at:

Procurement – Amy Gillis IWK Health Centre, Goldbloom, Lvl 1, R1003 5850/5980 University Avenue Halifax, N.S. B3K 6R8

Ensure the external packaging is marked with the RFP number and proponent’s contact information.

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1.6.2 Proposals to be submitted on Time Proposals must be submitted at the location set out above on or before the Submission Deadline as indicated in section 1.4. Proposals submitted after the Submission Deadline will be rejected. The IWK’s time clock will be deemed to be correct.

1.6.3 Proposals to be submitted in Prescribed Format

In a sealed package, proponents should submit their proposal containing the following:

1) Include four (4) hard copies of the technical proposal and one (1) electronic copy of the technical proposal saved as a Portable Document Format (PDF) on a USB flash drive, unless otherwise indicated.

Technical proposal packages should be prominently marked as “Technical Proposal” with the RFP title and number (see RFP cover) and the full legal name and return address of the proponent. The file name on the electronic copy for the technical proposal should include an abbreviated form of the proponent’s name and RFP #.

Technical proposals should be comprised of: a) completed Appendix B Submission Form, b) completed response to Appendix D – RFP Particulars, and c) other mandatory submission requirements, as applicable. Financial information is not to be included in the technical proposal. Label the USB flash drive with the proponent’s name and RFP #.

2) In a sealed envelope which should be included in the sealed package, include one (1) hard copy of

the financial proposal (completed response to Appendix C – Submission Pricing Form) and one (1) electronic copy of the financial proposal saved as a PDF or MS Excel on a USB flash drive.

Financial proposal envelopes should be prominently marked as “Financial Proposal” with the RFP title and number (see RFP cover) and the full legal name and return address of the proponent. The file name on the electronic copy for the financial proposal should include an abbreviated form of the proponent’s name and RFP #. Label the USB flash drive with the proponent’s name and RFP #.

If there is a conflict or inconsistency between the hard copy and the electronic copy of the proposal, the hard copy of the proposal shall prevail. In the interest of sustainability, please refrain from using binders, binding, plastic covers, or similar fastening or presentation materials when submitting the proposal. Similarly, unless specifically requested in this solicitation document, proponents should not submit product catalogues, swatches, or other marketing materials with their proposal.

The IWK will not accept proposals submitted by facsimile transfer, email, or any other electronic means.

1.6.4 Amendment of Proposals Prior to Submission Deadline Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a sealed package prominently marked with the RFP title and number and the full legal name and return address of the proponent to the location set out above in section 1.5.1. Any amendment must clearly indicate which part of the proposal the amendment is intended to amend or replace. Any amendments received after the Submission Deadline will not be accepted. Amendments must be signed by the person who signed the original bid submission, or a person authorized to sign on his or her behalf.

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1.6.5 Withdrawal of Proposals Proponents may withdraw their proposals prior to the Submission Deadline. To withdraw a proposal, a notice of withdrawal must be received by the RFP Contact prior to the Submission Deadline and must be signed by an authorized representative of the proponent. The IWK is under no obligation to return withdrawn proposals.

1.6.6 Proposals Irrevocable after Submission Deadline Proposals shall be irrevocable for a period of ninety (90) days from the Submission Deadline.

[End of Part 1]

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PART 2 – EVALUATION AND NEGOTIATION

2.1 Stages of Evaluation

IWK will conduct the evaluation of proposals in the following three stages:

2.2 Stage I – Mandatory Submission Requirements

Stage I will consist of a review to determine which proposals comply with all of the Mandatory Submission requirements. Proposals that do not comply with all of the Mandatory Submission requirements as of the Submission Deadline will be disqualified and not evaluated further. The Mandatory Submission Requirements are as follows:

2.2.1 No Amendment to Forms

Other than inserting the information requested on the mandatory submission forms set out in the RFP, a proponent may not make any changes to any of the forms. Any proposal containing any such changes, whether on the face of the form or elsewhere in the proposal, will be disqualified.

2.2.2 Submission Form (Appendix B)

Each proposal must include a C.1 Submission Pricing Form and C.2 Separate Prices (Appendix B) completed and signed by an authorized representative of the proponent.

2.2.3 C.1 Submission Pricing Form and C.2 Separate Prices (Appendix C)

Each proposal must include C.1 Submission Pricing Form and C.2 Separate Prices (Appendix C) completed according to the instructions contained in the form.

2.3 Stage II – Evaluation

Stage II will consist of the following:

2.3.1 Rated Criteria

IWK will evaluate each compliant proposal on the basis of the rated criteria as set out in Section D.3 of the RFP Particulars (Appendix D) and the Proponent Response Document (Appendix G).

2.4 Stage III – Pricing

Stage III will consist of a scoring of the submitted pricing of compliant proposals in accordance with the price evaluation method set out in C.1 Submission Pricing Form and C.2 Separate Prices (Appendix C). The evaluation of price will be undertaken after the evaluation of Mandatory Submission requirements and rated criteria has been completed.

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2.5 Selection of Highest Scoring Proponent

After the completion of Stage III, all scores from Stage II and Stage III will be added together and the proponent with the highest score for the properties listed on the Pricing Form will be selected to enter into Agreements in accordance with Part 3.

2.6 Conditions of Award

The selected Proponent shall provide the following documentation within five (5) days of notice of selection in order to be eligible for contract award.

2.6.1 Insurance

Proponent shall provide a copy of the Certificate of Insurance from the Proponent’s Broker or Insurer confirming compliance with all the insurance requirements noted in Section D.2 Insurance Requirements of Appendix D – RFP Particulars.

2.6.2 Working Conditions and Employee Protection

1. Proponent shall provide a copy of a safety certificate of recognition issued jointly by the Workers’ Compensation Board (WCB) and an occupational health and safety organization approved by the Workers’ Compensation Board, or a valid letter of good standing from an occupational health and safety organization approved by the WCB indicating the proponent is in the process of qualifying for safety certification. Proponent shall maintain current valid versions of their safety certificate of recognition for the duration of the contract and provide updated versions to IWK upon expiry. For a list of Workers’ Compensation Board approved audit service providers, see www.wcb.ns.ca.

2. If required to be certified by the Nova Scotia WCB, the proponent shall provide evidence of an account with the Workers’ Compensation Board, coverage under the Worker’s Compensation Act, R.S.N.S. and a Clearance letter indicating the proponent is in good standing at the date of tender close. Proponent’s shall maintain current valid versions of their Clearance letter for the duration of the contract and provide updated versions to IWK upon expiry.

3. Proponent shall provide copies of Fall Arrest Certificates for staff who will be servicing the

Heliport. Staff must have their certificate on them at all times while on site.

2.6.3 Staffing List

1. Proponent shall provide a list of staff provided by the proponent for execution of the work. Proponent shall provide qualified personnel who have experience and qualifications to provide workmanship of the best kind and quality before they start their contracted work.

[End of Part 2]

http://www.wcb.ns.ca/

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PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS

3.1 General Information and Instructions

3.1.1 RFP Incorporated into Proposal All of the provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each proponent’s proposal. A proponent who submits conditions, options, variations, or contingent statements inconsistent with the terms set out in the RFP, including the terms of the Agreement in Appendix A, either as part of its proposal or after receiving notice of selection, will be disqualified.

3.1.2 Proponents to Follow Instructions Proponents should structure their proposals in accordance with the instructions in this RFP. Where information is requested in this RFP, any response made in a proposal should reference the applicable section numbers of this RFP.

3.1.3 Language All proposals are to be in English, or both English and French. If there is a conflict or inconsistency between the English version and the French version of the proposal, the English version of the proposal shall prevail.

3.1.4 No Incorporation by Reference The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal but not attached will not be considered to form part of its proposal.

3.1.5 References and Past Performance In the evaluation process, the IWK Scotia may include information provided by the proponent’s references and may also consider the proponent’s past performance or conduct on previous contracts with the IWK.

3.1.6 Information in RFP Only an Estimate The IWK makes no representation, warranty or guarantee as to the accuracy of the information contained in this RFP, received from the RFP Contact, or issued by way of addenda. Any quantities shown or data, or opinion contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this RFP.

3.1.7 Proponents to Bear Their Own Costs The proponent shall bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or presentations.

3.1.8 Proposal to be retained by the IWK The IWK will not return the proposal or any accompanying documentation submitted by a proponent.

3.1.9 No Guarantee of Volume of Work or Exclusivity of Contract IWK makes no guarantee of the value or volume of work to be assigned to the successful proponent. The Agreement will not be an exclusive contract for the provision of the described Deliverables. The IWK may

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contract with others for goods and services the same as, or similar, to the Deliverables or may obtain such goods and services from resources within Nova Scotia.

3.2 Business Registration

Proponents may be required to be registered to carry on business in accordance with applicable laws. For information on the business registration requirements of the Nova Scotia Registry of Joint Stock Companies, please consult:

http://www.novascotia.ca/snsmr/access/business/registry-joint-stock-companies.asp

The status of a proponent’s business registration does not preclude the submission of a proposal in response to this RFP. A proposal can be accepted for evaluation, regardless of (i) whether the company is registered, or (ii) whether its business registration is in good standing. However, a contract cannot be awarded unless the successful proponent is registered and in good standing, in accordance with applicable laws.

If the proponent’s business is not required to register in Nova Scotia, the proponent will be required to submit registration from their applicable jurisdiction.

3.3 Communication after Issuance of RFP

3.3.1 Proponents to Review RFP Proponents shall promptly examine all of the documents comprising this RFP, and

a) report any errors, omissions, or ambiguities; and b) direct questions or seek additional information

in writing by email to the RFP Contact, as set out in section 1.2, on or before the Deadline for Questions. Nova Scotia is not obligated to respond to questions or comments received after this period has passed. No such communications are to be directed to anyone other than the RFP Contact. The IWK is under no obligation to provide additional information, and Nova Scotia will not be responsible for any information provided by or obtained from any source other than the RFP Contact. It is the responsibility of the proponent to seek clarification from the RFP Contact on any matter it considers to be unclear. Nova Scotia will not be responsible for any misunderstanding on the part of the proponent concerning this RFP or its process.

3.3.2 All New Information to Proponents by Way of Addenda This RFP may be amended only by addendum in accordance with this section. If the IWK, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated by addendum on the Nova Scotia Procurement Web Portal. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the IWK.

3.3.3 Post-Deadline Addenda and Extension of Submission Deadline If the IWK determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, the IWK may extend the Submission Deadline for a reasonable period of time.

http://www.novascotia.ca/snsmr/access/business/registry-joint-stock-companies.asp

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3.3.4 Verify and Clarify During the evaluation process, the IWK may request further information from the proponent or third parties to verify or clarify the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the Mandatory Technical requirements set out in Section D.3 of the RFP Particulars (Appendix D). The IWK may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information.

3.4 Notification and Debriefing

3.4.1 Selection of Proponent and Execution of Agreement The IWK will notify the selected proponent in writing. The selected proponent shall execute the Agreement in the form attached as Appendix A to this RFP and satisfy any other applicable conditions of this RFP within fifteen (15) days of notice of selection.

3.4.2 Failure to Enter into Agreement In addition to all of the IWK’s other remedies, if a selected proponent fails to execute the Agreement or satisfy any other applicable conditions within fifteen (15) days of notice of selection, Nova Scotia may, in its sole and absolute discretion and without incurring any liability, withdraw the selection of that proponent and proceed with the selection of another proponent or cancel the RFP Process.

3.4.3 Notification of Contract Award Once an Agreement is executed by the IWK with a Proponent, notification of the outcome of the procurement process will be posted on the Nova Scotia Procurement Web Portal.

3.4.4 Debriefing Proponents may request a debriefing after posting of the outcome of the procurement process on the Nova Scotia Procurement Web Portal. All requests must be in writing to the RFP Contact and must be made within sixty (60) days of posting of the outcome of the procurement process. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome.

3.4.5 Supplier Complaint Procedure If a proponent wishes to file a complaint in regards to the RFP process, it must provide written notice to the RFP Contact within sixty (60) days of posting of the outcome of the process on the Nova Scotia Procurement Web Portal, and the IWK will respond in accordance with its Supplier Complaint Protocol.

3.5 Conflict of Interest and Prohibited Conduct

3.5.1 Conflict of Interest The IWK may disqualify a proponent for any conduct, situation or circumstance, determined by the IWK, in its sole and absolute discretion, to constitute a Conflict of Interest. For the purposes of this Section, “Conflict of Interest” has the meaning ascribed to it in the Submission Form (Appendix B).

3.5.2 Disqualification for Prohibited Conduct The IWK may disqualify a proponent, if in its sole and absolute discretion, determines that the proponent has engaged in any conduct prohibited by this RFP.

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Nova Scotia may terminate an Agreement entered into by the IWK, if in its sole and absolute discretion, it determines that the proponent has engaged in any conduct prohibited by this RFP.

3.5.3 Prohibited Proponent Communications A proponent shall not engage in any communications that could constitute a Conflict of Interest and must take note of the Conflict of Interest declaration set out in the Submission Form (Appendix B).

3.5.4 Proponent not to Communicate with Media A proponent may not at any time directly, or indirectly, communicate with the media in relation to this RFP or any Agreement entered into pursuant to this RFP without consent of the IWK, and then only in coordination with the IWK.

3.5.5 No Lobbying A proponent shall not, in relation to this RFP or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful proponent.

3.5.6 Illegal or Unethical Conduct Proponents shall not engage in any illegal business practices, including activities such as bid-rigging, price- fixing, bribery, fraud, coercion or collusion. Proponents shall not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications; offering gifts to any employees or other representatives of the IWK; submitting proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this RFP.

3.5.7 Rejection of Bids The IWK may reject a bid based on past performance or based on inappropriate conduct, including but not limited to the following: (a) illegal or unethical conduct as described above; (b) the refusal of the Contractor to honour its submitted pricing or other commitments; (c) any conduct, situation or circumstance determined by the IWK, in its sole and absolute

discretion, to have constituted an undisclosed Conflict of Interest; or (d) Nova Scotia’s past experience with the bidder within the last 18 months for similar or related

services

3.6 Confidential Information

3.6.1 Confidential Information of Nova Scotia All information provided by or obtained from the IWK in any form in connection with this RFP either before or after the issuance of this RFP (a) is the sole property of the IWK and must be treated as confidential; (b) is not to be used for any purpose other than replying to this RFP and the performance of the

Agreement for the Deliverables; and (c) must not be disclosed without prior written authorization from the IWK (d) must be returned by the proponent to the IWK immediately upon request of the IWK

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3.6.2 Confidential Information of Proponent A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the IWK. The confidentiality of such information will be maintained by the IWK, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the IWK to advise or assist with the RFP process, including the evaluation of proposals.

3.6.3 Personal Information International Disclosure Protection Act The ‘Personal Information International Disclosure Protection Act ‘ (PIIDPA), creates obligations for the Government of Nova Scotia and its service providers when personal information is collected, used or disclosed. Provisions related to PIIDPA requirements are included in the agreement terms. A copy of the Act is available online at:

http://nslegislature.ca/legc/statutes/persinfo.htm

3.7 Reserved Rights, Limitation of Liability and Governing Law

3.7.1 Reserved Rights of the IWK The IWK reserves the right to:

(a) make public the names of any or all proponents; (b) request written clarification in relation to a proponent’s proposal; (c) waive minor formalities that do not constitute Mandatory Submission requirements or

Mandatory Technical requirements; (d) verify with any proponent or with a third party any information set out in a proposal; (e) check references other than those provided by any proponent; (f) disqualify any proponent whose proposal contains misrepresentations or any other

inaccurate or misleading information; (g) disqualify any proponent or the proposal of any proponent who has engaged in conduct

prohibited by this RFP; (h) amend this RFP process without liability at any time prior to the execution of a written

agreement between the IWK and a proponent. These changes are issued by way of addendum in the manner set out in this RFP;

(i) cancel this RFP process without liability at any time prior to the execution of a written agreement between the IWK and a proponent. A cancellation is communicated by way of addendum in the manner set out in this RFP. The IWK may in its sole discretion issue a new RFP for the same or similar Deliverables; or

(j) reject any or all proposals

and these reserved rights are in addition to any other express rights or any other rights that may be implied in the circumstances.

3.7.2 Limitation of Liability By submitting a proposal, each proponent agrees that:

(a) neither the IWK nor any of its employees, advisors or representatives will be liable,

under any circumstances, for any claim

http://nslegislature.ca/legc/statutes/persinfo.htm

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arising out of this proposal process including but not limited to costs of preparation of the proposal, loss of profits, loss of opportunity or for any other claim; and

(b) the proponent waives any claim for any compensation of any kind whatsoever, including

claims for costs of preparation of the proposal, loss of profit or loss of opportunity by reason of the IWK’s decision to not accept the proposal submitted by the proponent, to enter into an agreement with any other proponent or to cancel this proposal process, and the proponent shall be deemed to have agreed to waive such right or claim.

3.7.3 Governing Law and Interpretation These Terms and Conditions of the RFP Process:

(a) are intended to be interpreted broadly and independently (with no particular provision

intended to limit the scope of any other provision); (b) are non-exhaustive and shall not be construed as intending to limit the pre-existing rights

of Nova Scotia; and (c) are to be governed by and construed in accordance with the laws of the province of Nova

Scotia and the federal laws of Canada applicable therein.

[End of Part 3]

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APPENDIX A – FORM OF AGREEMENT

For information only:

FORM OF AGREEMENT

THIS AGREEMENT made this day of .

BETWEEN:

IWK HEALTH CENTRE (the “IWK")

OF THE FIRST PART

- and –

[NAME of SUPPLIER] (the “Supplier")

OF THE SECOND PART

WHEREAS the IWK Health Centre (the “IWK”) issued the above referenced Request for Proposals dated [Month] [Day], [Year], (the “RFP”), inviting submission of proposals to provide the Services as hereinafter defined;

AND WHEREAS the Supplier submitted a proposal to IWK dated [Month] [Day], [Year] (the “Proposal”) in response to the RFP;

AND WHEREAS IWK has agreed to retain the Supplier to provide the Services, subject to the parties entering into an agreement with respect thereto;

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements set out herein, the Supplier and IWK covenant and agree as follows:

1.0 SERVICES

1.1 The Supplier agrees to provide and deliver the services and/or products and perform the work

(collectively the “Services”) described in Schedule “A” attached hereto, in accordance with the terms and conditions of this Agreement.

1.2 The Supplier shall provide the Services and discharge its duties to IWK hereunder in a competent,

professional and timely manner.

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1.3 The Services shall be delivered on time and in accordance with the delivery schedule agreed to by IWK and conform in all respects with IWK’s requirements. The Services shall not be deemed to be completed to the satisfaction of IWK or accepted by IWK until all requirements have been met by the Supplier in accordance with the terms and conditions hereof.

2.0 TERM

2.1 The term of this Agreement shall be for a period of [nnnn (#)] years and commence on [Day] day of [Month], [Year] and expiring on the [Day] day of [Month], [Year] (the “Initial Term”).

2.2 IWK shall have the option to renew this Agreement for [nnnn (#)]consecutive one (1) year renewal

periods (each a “Renewal Term”) provided that IWK provides notice of the renewal to the Supplier at least ninety (90) days prior to the expiry of the Initial Term or the expiry of the first Renewal Term.

2.3 If IWK, in its sole discretion, renews this Agreement as provided in Section 2.2 any such renewal

shall be on the same terms and conditions as set out in this Agreement or on terms and conditions as agreed to by the parties provided that such amended terms and conditions shall be confirmed in an amendment to this Agreement signed by the parties prior to the expiration of the Initial Term or the first Renewal Term.

2.4 Nothing in this Article shall constitute or be deemed to constitute any assurance or representation

by IWK to the Supplier that this Agreement will be renewed.

3.0 PRICE AND PAYMENT

3.1 IWK shall, subject to the terms and conditions of this Agreement, pay the Supplier for the Services in accordance with Schedule “B”.

3.2 The total amount payable to the Supplier under this Agreement, including out of pocket expenses,

shall not exceed the [Unit Rate or AMOUNT dollars ($nnn.00)] identified within Schedule “B” (exclusive of applicable taxes) without the prior written authorization of IWK.

3.3 Services that exceed the amount specified in Schedule “B” pursuant to Section 3.2 shall be

considered excess services (“Excess Services”). Supplier shall not be entitled to receive payment for any Excess Services, unless IWK has given prior written authorization to the Supplier to undertake the performance of any Excess Services.

3.4 Each invoice submitted by the Supplier for payment shall contain a detailed description of the

Services in respect of which it is being remitted, and all such other information as specified by IWK from time to time for inclusion therein. Subject to verification by IWK, invoices will be paid thirty (30) days following receipt.

3.5 If Schedule B provides that IWK will retain a holdback on payments to the Supplier, payment of

such holdback shall be made by IWK in accordance with and subject to the terms and conditions set out in Schedule B.

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3.6 No payment by IWK to the Supplier hereunder shall be or construed to be an acceptance or approval by IWK of incomplete, defective or improper performance by the Supplier of any of its obligations under this Agreement, or operate to relieve the Supplier from the performance of any of its obligations hereunder that have not been performed in accordance with the requirements set out herein.

3.7 If the Supplier is not a resident of Canada, the Supplier acknowledges and agrees that IWK shall

be authorized, if required by law, to withhold income tax from any amounts payable to the Supplier hereunder and to remit that tax to the Receiver General for Canada on the Supplier’s behalf.

4.0 TERMINATION OF AGREEMENT

4.1 IWK shall be entitled to immediately terminate this Agreement for cause, upon the occurrence of

any of the following events, each of which shall constitute an “Event of Default”:

a. The Supplier breaches or fails to comply with any of the terms and conditions of this Agreement, and such breach or failure is not remedied by the Supplier to the reasonable satisfaction of IWK within five (5) days after written notice from IWK to remedy the breach or failure;

b. The Supplier becomes insolvent, commits an act of bankruptcy, makes an assignment for

the benefit of creditors, or otherwise acknowledges its insolvency, or a receiver or receiver manager is appointed for any property of the Supplier; or

c. Any statement, representation or warranty made by the Supplier in the Proposal or in this

Agreement is untrue or incorrect at the time it was made or at any time during the Initial Term or Renewal Term of this Agreement becomes untrue or incorrect.

4.2 If this Agreement is terminated for cause pursuant to Section 4.1 as a result of an Event of Default,

the Supplier shall be responsible for and shall reimburse IWK for all loss, costs and damages incurred by IWK as a result of or arising from the Event of Default, including any costs incurred by IWK to correct any defects or deficiencies in any of the Services, and any costs incurred by IWK to procure the Services or any part thereof from another provider. If this Agreement is terminated for cause pursuant to Section 4.1 as a result of an Event of Default, IWK shall have no obligation to the Supplier for any payment, except for payment for Services that have been performed to the satisfaction of IWK up to the date of termination, and where applicable to the payment of any holdback, subject to any set-off for loss, costs and damages incurred by IWK as a result of or arising from the Event of Default.

4.3 IWK may, at its sole discretion, terminate this Agreement without cause at any time prior to the

expiration of the Initial Term or Renewal Term, upon giving thirty (30) days prior written notice of termination to the Supplier. In such event, the Supplier shall be entitled to receive payment for the Services it has satisfactorily performed up to the date of termination, and where applicable, to the payment of any holdback which IWK is then holding at such time in accordance with the Builders’ Lien Act, subject to withholding in accordance with Section 3.7 and IWK’s right of set-off in accordance with Section 23.15. Payments to the Supplier of the foregoing amounts shall constitute full and final satisfaction of IWK’s obligations to the Supplier under this Agreement,

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and for greater certainty, the Supplier shall not have any claim or entitlement to any additional compensation or damages arising from such termination.

4.4 Should new technology become available during the Initial Term or Renewal Term of the

Agreement that has an impact on the quality of patient care, IWK may, at its discretion, complete a new technology evaluation for a period that will not exceed three (3) months. Should the evaluation identify that the new technology as favorable, the Supplier will be notified in writing and will be allowed a period of three (3) months to provide a comparable product. IWK, at its sole discretion, may choose to terminate this Agreement and acquire the new technology from any qualified vendor in the event that the Supplier is unable to provide the comparable product within the three (3) months.

4.5 In the event Supplier’s actions substantially interfere with IWK’s responsibilities with respect to

patients or resident care, or both as applicable, or creates an hazard that may jeopardize patient or resident care, or both as applicable, which determination shall be within the sole determination of IWK, IWK shall be entitled to immediately terminate this Agreement or suspend the provision of Services under this Agreement. Where a suspension is implemented, such suspension shall continue until such time as IWK determines that the provision of Services may be provided without interference with the provision of care, or the identified hazard has been addressed to the satisfaction of IWK.

4.6 Neither the expiration nor the earlier termination of this Agreement shall relieve, or be deemed

to relieve, the Supplier from any duties, obligations or liabilities hereunder that accrued prior to such expiration or termination, or which by their nature are intended to survive the expiration or earlier termination of this Agreement, including but not limited to all warranties given by the Supplier in respect of the Services , and those duties and obligations of the Supplier set out in Article 5 (Confidentiality), Article 6 (Material Rights), Article 9 (Liability and Indemnity) and Article 17 (Accounts and Audit).

5.0 CONFIDENTIALITY AND PERSONAL HEALTH INFORMATION

5.1 The Supplier acknowledges and confirms that all information provided to it by IWK hereunder, or

to which the Supplier has access as a result of providing the Services to IWK is confidential information. In this Agreement, “Confidential Information” shall mean any information which is confidential in nature or that is treated as being confidential by IWK, whether such information is or has been conveyed to the Supplier orally or in written or other tangible form, and whether such information is received directly or indirectly, such as in the course of business discussions or other investigations by Supplier. Without limiting the generality of the forgoing, confidential Information shall include information that is personally identifiable about an employee, patient, or customer of IWK whether or not expressly labeled, marked, or otherwise expressly identified as confidential or personal. Unless required by law or an order of a court of competent jurisdiction, such Confidential Information shall not, either during the Initial Term or Renewal Term, or at any time thereafter, be disclosed by the Supplier, without the prior written consent of IWK, to any third party or to any employees of the Supplier, other than its employees who are directly involved in providing the Services.

5.2 The Supplier shall implement and maintain security standards and procedures for the

safeguarding of IWK’s Confidential Information to prevent unauthorized access thereto and to

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ensure compliance with applicable legislation. The Supplier agrees to protect Confidential Information with at least the same degree of care that it uses to protect its own confidential information of like importance. The Supplier agrees to promptly notify IWK in writing upon becoming aware of a breach of either the Supplier’s security standards and procedures or IWK’s security policies, or any unauthorized disclosure of Confidential Information that the Supplier is required to keep confidential under applicable law. The Supplier shall take immediate steps to mitigate any breach or unauthorized disclosure described in this Article 5.

5.3 The Supplier acknowledges and agrees that IWK may disclose this Agreement or portions thereof

as may be required pursuant to the provisions of the Freedom of Information and Protection of Privacy Act (Nova Scotia).

5.4 If the Supplier is a “service provider” as defined in the Personal Information International

Disclosure Protection Act, (Nova Scotia) (“PIIDPA”) as a result of the type of Services that it is providing to IWK under this Agreement, the Supplier represents, warrants and undertakes to IWK that it shall comply with its obligations under PIIDPA and the terms and conditions contained in the PIIDPA Schedule, attached as Schedule C to this Agreement.

5.5 The Supplier acknowledges that the IWK has entered into a service agreement with SAP Canada

on behalf of IWK for the provision of contract management software solutions and related services to which IWK is a beneficiary and may enter into service agreements with other providers of comparable services. The Supplier irrevocably agrees that notwithstanding anything contained in this Agreement, the IWK is authorized to disclose this Agreement or portions thereof to SAP Canada and to any other provider of comparable services to the IWK, solely to enable SAP Canada, and where applicable such other service provider, to fulfill its obligations under its service agreement with the IWK, and for no other purpose whatsoever.

5.6 The Supplier acknowledges that information about identifiable individuals, including but not

limited to patients of IWK ("Personal Information" and “Personal Health Information”) has, is or may be disclosed to the Supplier for the sole purpose of the Supplier carrying out the Services pursuant to this Agreement. Accordingly, the Supplier shall exercise all reasonable precautions (and in no event less than those generally used in the health care industry) to protect Personal Information/Personal Health Information from unauthorized access, disclosure, copying, use or modification, storage and retention and, in any event, treat any information which is "personal information" or “personal health information” as defined in the Personal Information Protection and Electronic Documents Act (Canada), the Freedom of Information and Protection of Privacy Act (Nova Scotia) and the Personal Health Information Act (Nova Scotia), as amended, in accordance with these Acts.

5.7 The Supplier agrees to maintain a privacy policy, acceptable to IWK and to indemnify the IWK for

all damages, costs and expenses incurred by the IWK as a result of a failure of the Supplier to comply with its obligations hereunder regarding the use, disclosure, and safeguarding of Personal Information and Personal Health Information.

5.8 The Supplier further agrees:

a. to use the Personal Information or Personal Health Information for the sole purpose of

providing Services to IWK pursuant to this Agreement and not to use the Personal

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Information and Personal Health Information for its own benefit and not to disclose the Personal Information or Personal Health Information or the knowledge of the existence of the Personal Information and Personal Health Information and use by the Supplier to any other third parties, without IWK’s prior written consent;

b. upon request of IWK, to cease any and all use of the Personal Information or Personal

Health Information and to return or destroy the Personal Information and Personal Health Information in a manner agreed to by IWK; and

c. upon reasonable request of IWK, to provide information pertaining to the Supplier's

handling of Personal Information and Personal Health Information demonstrating that the Supplier is compliant with this Agreement and relevant legislation regarding Personal Information, including, but not limited to:

i. the Supplier’s privacy policy; and

ii. information regarding any complaints against the Supplier to federal or provincial privacy commissioners or provincial departments of health.

6.0 MATERIAL RIGHTS

6.1 All findings, data, surveys, research, working papers, drawings, spreadsheets, evaluations,

databases and documents, regardless of storage format or whether in draft or final form that are collected, created or produced by the Supplier in the performance of this Agreement (collectively the “Materials”) are the exclusive property of IWK. All intellectual property rights, including patents, copyrights, trademark and industrial design in the Materials, with the exception of any pre-existing intellectual property rights of the Supplier therein, are the sole property of IWK, are hereby irrevocably assigned by the Supplier to IWK and the Supplier herewith waives all moral rights in those Materials.

6.2 All research reports, surveys, findings, data and other information comprising the Materials are

Confidential Information of IWK and are subject to the provisions of Article 5 of this Agreement.

6.3 IWK reserves the right, in its sole discretion, to publish or release, in whole or in part, or to refrain from publishing or releasing, any research, reports, information, audio visual materials, information or data produced by the Supplier in the performance of the Services under this Agreement.

6.4 The Supplier shall ensure that IWK has all licences that are needed for any software that the IWK

will require to lawfully continue using all deliverables that the Supplier has agreed to provide as part of the Services.

6.5 The Supplier hereby grants to IWK a perpetual non-exclusive licence to use any computer

software or designs of a generic nature to which the Supplier holds copyright, and that may be included in any work product comprising any part of the Services delivered to IWK under this Agreement.

7.0 INDEPENDENT CONTRACTOR

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7.1 This Agreement is a contract for the performance of the Services. The Supplier is engaged by IWK hereunder as an independent contractor and shall not at any time hold itself out as an employee, servant or agent of IWK. No partnership, joint venture, agency or other legal relationship is created or deemed to be created by this Agreement or any actions of the parties hereunder. The Supplier shall not have authority under this Agreement to bind IWK, or to commit IWK to the payment of money to any third party.

8.0 COMPLIANCE WITH LAWS

8.1 The Supplier shall comply with all applicable laws governing the conduct of its business and the

provision of the Services to IWK. The Supplier agrees to maintain in good standing all licences, permits, registrations or authorizations it is required to obtain in order to lawfully provide the Services in Nova Scotia. Without limiting the foregoing, professional personnel performing any part of the Services on behalf of the Supplier shall be required to comply with all applicable professional registration or licensing requirements in effect in Nova Scotia at the time such Services are being performed.

8.2 Neither the acceptance of the Supplier’s Proposal, nor the execution of this Agreement by IWK,

shall be or deemed to be approval or authorization by IWK to anything related to the business or operations of the Supplier or the provision of the Services that requires any permit or licence or approval pursuant to federal, provincial or municipal legislation, regulations or bylaws.

8.3 The Supplier shall promptly provide to IWK, upon request, copies of all permits, licences,

authorizations and registrations that it is required to obtain in order to provide the Services, as well as evidence of the Supplier’s compliance with laws applicable to the performance of the Services, including without limitation, the Workers’ Compensation Act(Nova Scotia) and the Occupational Health and Safety Act (Nova Scotia).

9.0 LIABILITY AND INDEMNITY

9.1 The Supplier shall indemnify and hold harmless IWK, its employees, servants and agents from and

against all damages, costs, loss, expenses (including legal fees), claims, actions, suits or other proceedings of any kind or nature, which they, or any of them, may at any time incur or sustain as a result of or arising out of an Event of Default, or any act, omission or negligence of the Supplier, or any of its employees, servants, agents, or subcontractors, in the performance of this Agreement, including without limitation, any injury or death to persons, or loss of or damage to property. Notwithstanding the foregoing, the Supplier shall not be liable for any indirect or consequential damages sustained by IWK unless such damages result from the negligence or wilful default of the Supplier, its servants, agents or subcontractors.

9.2 IWK shall not be liable for any damages or injury (including death) to any person or to any property

of the Supplier as a result of or arising out of this Agreement or the provision of the Services by the Supplier under this Agreement, unless such damages are direct damages and are caused solely and directly by or as a result of the negligence of IWK. In no event shall IWK be liable for any indirect or consequential damages that are sustained by the Supplier, howsoever caused, as a result of or arising out of this Agreement or the provision by the Supplier of any Services hereunder.

9.0A RECALLS

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9.0A.1 The Supplier shall immediately notify IWK whenever the Supplier becomes aware that any Services, or any component thereof, is reasonably likely to be harmful to patients, or that any Services are defective in any manner which is reasonably likely to become harmful to patients, or that any Services are mislabeled or otherwise violate applicable laws or are subject to any recalls, including but not limited to medical device recalls.

9.0A.2 If the Supplier receives a notice ordering the withdrawal, discontinuance, removal, retrofit or

recall of any Services by a government authority, the Supplier agrees to cooperate to take such steps as may be required by law to protect the interests of the public and to comply diligently with all product recall or other procedures established by such governmental authority responsible for such recalls. “Government authority” means any transnational, domestic, foreign, federal, state, municipal or local government authority, department, court, agency or official, including any political subdivision thereof. The Supplier shall be responsible for implementing any recall required with respect to the Services within Supplier’s reasonable control and shall bear all costs and expenses incurred by it and by the IWK, as applicable, in compliance with such withdrawal, discontinuance, removal, or recall procedures. The Supplier shall maintain all records as may be necessary to permit a timely and efficient withdrawal or recall of any Services, or any batch of Services. The Supplier shall prepare and maintain a documented recall program that complies with applicable laws.

9.0A.3 The Supplier shall notify IWK of all recalls or actions taken by a manufacturer, importer or

distributor of a device which forms part of the Services to recall or correct the device, and notify IWK of its defectiveness or potential defectiveness, immediately after becoming aware that the device a) may be hazardous to health; b) may fail to conform to any claim made by the manufacturer or importer relating to its effectiveness, benefits, performance characteristics or safety; or c) may not meet the requirements of the Food and Drugs Act (Canada) or its Medical Devices Regulations.

10.0 INSURANCE

10.1 The Supplier shall, without limiting its obligations or liabilities herein and at its own expense,

provide and maintain the following insurances with insurers licensed in Nova Scotia and in forms and amounts acceptable to IWK:

a. Professional Liability, where applicable, in an amount not less than $10,000,000.00 per

occurrence for this Agreement (for each firm) insuring liability for errors and omissions in the performance of professional services, including all consultants;

b. Comprehensive General Liability in an amount not less than $10,000,000.00 per occurrence in the

aggregate against bodily injury, personal injury, death, and property damage including loss of use thereof. Such insurance shall include, but not be limited to non-owned automobile liability and employees as additional insureds;

c. Product Liability coverage in an amount of not less than $10,000,000.00 inclusive per claim;

d. Automobile Liability on all vehicles owned, operated or licensed in the name of the Supplier in an

amount of not less than $5,000,000.00;

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e. Must maintain AIRSIDE LIABILITY INSURANCE with a minimum limit of $5,000,000 per occurrence to cover the proponent’s liability arising from any services provided under the contract.

f. “All-Risks" Valuable Papers and Records Insurance on all such items pertaining to the Services

under this Agreement in an amount adequate to enable their reconstruction.

10.3 All insurance policies shall add IWK as an additional insured with respect to liability arising out of the Services of the Supplier in connection with this Agreement and will contain a cross-liability clause, a severability of interests clause and will primary and will not call into contribution any other insurance available to IWK.

10.2 All insurance policies shall state that the coverage provided will not be changed in any material

way, cancelled or terminated until 30 days after written notice of such change, cancellation or termination has been given to IWK.

10.3 The Supplier shall provide IWK with acceptable evidence of all required insurance prior to the

commencement of the Services and shall promptly provide IWK a certified true copy of each policy.

11.0 RESOURCES

11.1 In the event that the Supplier requires access to equipment or office space of IWK in order to

carry out the Services or any part of the Services, the Supplier shall comply with all applicable safety and security legislation and all policies and directives of IWK relating to any buildings, premises, equipment or software to which the Supplier is given access.

11.2 The Supplier shall assign a sufficient number of qualified, competent and skilled personnel to carry

out its obligations under this Agreement. In the event that the Supplier’s Proposal included the names or titles of specific personnel or any proposed subcontractor to provide the Services, or any part thereof, the Supplier’s personnel and any subcontractors so indicated in the Supplier’s Proposal shall be required to provide the Services and no substitutions shall be permitted without the prior written consent of IWK. If IWK, in its sole discretion, considers a proposed substitute to be acceptable, IWK may consent to the substitution, provided however that such consent may be subject to such terms and conditions as IWK designates in writing to the Supplier. Notwithstanding the foregoing, IWK shall have the right at any time, in its sole discretion, to require that the Supplier replace, at no cost or expense to IWK, any Supplier personnel or subcontractor involved in providing the Services whom IWK determines to be unsuitable, and in such event, the Supplier shall immediately appoint a duly qualified, competent and skilled replacement to fill the position vacated.

11.0A SUPPLIER - CRIMINAL RECORD CHECKS

11.0A.1 Supplier (including its staff/subcontractors) may require long term and broad access to IWK

facilities. Supplier is required to take all reasonable steps to ensure its staff and sub- suppliers/sub-contractors are supervised and do not pose a risk to IWK property, staff or patients. As part of this responsibility, Supplier, at its own cost, will arrange to have a Criminal Record Check ("CRC") conducted in respect of each of its staff and sub-supplier/sub-contractors’ staff who, during the course of performing Services for IWK, is anticipated to have access to IWK

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premises, confidential information or networks. A CRC is required to be performed in each jurisdiction where the staff member has resided in the past 10 years. Supplier will ensure this CRC process is completed before its staff provides services to IWK. Should a Supplier be or become aware of any criminal history, conviction, or incident which could pose such a risk, the Supplier is required to consult the IWK before assigning and/or continuing to assign the staff to work at the IWK. The IWK has sole discretion in determining who has access to its facilities.

12.0 TITLE AND ACCEPTANCE

12.1 Unless otherwise expressly provided in this Agreement, title to all deliverables, or any part thereof, comprising the Services to be provided by the Supplier shall vest in IWK on delivery and acceptance by IWK. Upon payment being made by IWK on account of materials, parts, work in process, or finished work, title therein shall vest in and remain with the IWK, provided however that the risk of any loss or damage thereto shall remain with the Supplier until their acceptance by IWK. Vesting of title in IWK as a result of payments made by IWK to the Supplier shall not constitute acceptance, or be deemed to constitute acceptance, by IWK of any such materials, parts, work in progress or finished work, and shall not relieve the Supplier of its obligations to perform the Services in accordance with the requirements of this Agreement.

12.2 The Supplier shall promptly pay for all labour, services and materials that it requires to provide

the Services. The Supplier agrees that it shall not do or permit anything to be done that would result in any liens, charges or encumbrances being placed on or attaching to any materials, parts, work in process, finished work or deliverables comprising the Services to be provided to IWK or to any property belonging to or owned by IWK under this Agreement.

13.0 FORCE MAJEURE

13.1 The Supplier shall not be liable for a failure or delay in performing any of its obligations hereunder

that occurs without the fault or negligence of the Supplier and is attributable solely to an unforeseeable cause beyond its reasonable control (“Force Majeure Event”). For the purposes of this Agreement, the following shall be considered to be a Force Majeure Event: flood; fire; explosion; power failure; natural disaster; war; civil commotion; compliance with any law, order, regulation or bylaw; and labour strikes.

13.2 Where the Supplier claims that a Force Majeure Event has occurred, the Supplier shall be required

to give written notice within three (3) days of the Force Majeure Event occurring to IWK, which notice shall describe the Force Majeure Event, its cause, the probable duration of the delay resulting there from, and the steps being taken by the Supplier to mitigate the impact of the Force Majeure Event on the performance of the Supplier’s obligations hereunder.

13.3 Notwithstanding the foregoing provisions of this Article 12, if a delay or failure arising from a Force

Majeure Event continues for ten (10) consecutive days, IWK may, in its sole discretion, terminate this Agreement upon three (3) days prior written notice to the Supplier. In the case of termination by IWK pursuant to this Section 13.3, the Supplier shall be entitled to receive payment only for the Services provided prior to the termination date which have met the requirements of this Agreement subject to any withholding in accordance with Section 3.7 and IWK right of set-off,

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and such payment shall constitute full and final satisfaction of IWK’s obligations to the Supplier hereunder.

14.0 REPRESENTATIONS AND WARRANTIES

14.1 The Supplier represents and warrants to IWK, with the intention and knowledge that IWK is relying on each such representation and warranty in entering into this Agreement, that:

a. All statements contained in the Supplier’s Proposal, and any certificate or other document

delivered to IWK under this Agreement or in connection with the Services to be provided hereunder are true and correct;

b. The Supplier has no knowledge of any fact that may materially adversely affect the Supplier’s

business or operations or its financial condition, or its ability to fulfill its obligations to IWK under this Agreement;

c. The Supplier has the personnel, experience, qualifications and other resources to provide the

Services in accordance with the requirements of this Agreement;

d. The Supplier has the corporate power and legal capacity to enter into, fully perform, and meet all of its obligations under this Agreement on the terms and conditions set out herein;

e. This Agreement has been duly authorized, executed and delivered by the Supplier and constitutes

a valid and binding obligation of the Supplier; and

f. The Supplier can perform the Services, and IWK shall be entitled to utilize the Services, in accordance with the requirements of this Agreement without infringing any trade secret, patent, copyright, industrial design or other intellectual property right enforceable in Canada, and the Supplier has obtained, and will maintain, at its own expense, all requisite and appropriate authorizations and permissions, including those concerning any licenses, assignments, copyrights, patents and other intellectual property rights that are required by the Supplier to meet its obligations to IWK hereunder.

15.0 CONFLICT OF INTEREST

15.1 The Supplier shall not permit an actual or potential conflict of interest to arise between its

obligations to IWK under this Agreement and its obligations to any third party. The Supplier shall immediately notify IWK in writing if any such potential or actual conflict of interest should arise at any time during the Initial Term or Renewal Term.

16.0 ASSIGNMENT AND SUBCONTRACTING

16.1 The Supplier shall not assign this Agreement or any of its rights or obligations hereunder, or

subcontract the performance of any of the Services without the prior written consent of IWK, which consent may be withheld by IWK in its sole discretion. Any purported assignment or subcontracting by the Supplier without such consent shall be of no force or effect.

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16.2 IWK’s consent to an assignment of this Agreement, or the subcontracting of the performance of any of the Services to be provided by the Supplier hereunder, shall not relieve the Supplier from any of its obligations under this Agreement and the Supplier shall, notwithstanding any such consent by IWK, remain responsible for the performance of the Services and all other obligations of the Supplier set out herein.

17.0 ACCOUNTS AND AUDIT

17.1 The Supplier shall keep proper and accurate books and records, including all invoices, receipts and

vouchers, relating to the Services and all expenditures and commitments made in connection therewith. The Supplier shall make such books and records available to IWK for review or audit within ten (10) days following receipt of a request from IWK to do so. The Supplier agrees that it shall retain all such books and records and make them available for review or audit by IWK for a period of three (3) years after the date of final payment by IWK hereunder. Any review or audit by IWK pursuant to this Article 17 shall be carried out by IWK at IWK’s expense.

18.0 NOTICES

18.1 Any notice to be given under this Agreement by IWK or the Supplier shall be in writing and

delivered by hand, by facsimile transmission or by registered mail, to the other party at the address and to the attention of the contact individual indicated below:

To IWK:

Amy Gillis IWK Health Centre, Goldbloom Lvl 1, R1003 5850/ 5980 University Ave Halifax, NS B3K 6R8 902- 470- 5065 (office) 902- 470- 7203 (fax)

To the Supplier:

18.2 A notice shall be deemed to be duly given and received upon delivery, if delivered by hand; upon receipt of the facsimile transmission, if the transmission is received by the intended recipient prior to the recipient’s close of business (and otherwise on the next business day of the recipient); or three (3) business days after posting, if sent by registered mail with a return receipt. Either party may change its address or contact for receipt of notices, provided that such party gives notice thereof in accordance with this Article 18 and confirms the effective date of the change in such notice.

19.0 AGREEMENT AND AMENDMENTS

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19.1 This Agreement constitutes the entire agreement and understanding between the Supplier and IWK with respect to the Services, and supersedes all prior negotiations, communications and other agreements, whether written or oral, relating to the subject matter hereof. Any amendment or modification to this Agreement shall have no force or effect unless it is in writing and signed by duly authorized representatives of each of IWK and the Supplier.

19.2 The following documents form part of and constitute this Agreement:

a. This Agreement; and b. The Schedules:

i. Schedule A.1;

ii. Schedule A.2;

iii. Schedule B; and

iv. Schedule C.

19.3 In the event of any conflict or inconsistency between or among any of the foregoing, the documents comprising this Agreement shall be given precedence in the following order:

a. The Agreement; and amendments hereto;

b. Schedule A.1;

c. Schedule A.2;

d. Schedule B; and

e. Schedule C (if applicable )

20.0 WAIVER

20.1 No term or provision of this Agreement, and no breach of this Agreement by the Supplier, shall be deemed to be waived or excused by IWK unless such waiver is in writing and signed by IWK. The waiver by IWK of any breach of a term or provision of this Agreement shall not be or be deemed to be a waiver of any continuing or subsequent breach by the Supplier of the same or any other term or provision of this Agreement.

21.0 REMEDIES CUMULATIVE

21.1 The rights and remedies of IWK set out in this Agreement are cumulative, and are in addition to

and not in substitution for any other rights or remedies available to IWK at law or in equity.

22.0 DISPUTES

22.1 If a dispute arises between IWK and the Supplier arising out of or relating to this Agreement, or the subject matter hereof, IWK and the Supplier agree that they shall each make all reasonable efforts to resolve any such dispute on a timely basis through amicable negotiations. To this effect, IWK and the Supplier shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.Disputes shall promptly be referred by each party to their respective senior management

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representatives who have the authority to resolve and settle any such disputes on their behalf. In the event that such representatives cannot resolve the dispute within ten (10) days, or such longer period as the parties may agree in writing, then upon notice by either party to the other party, all disputes shall be settled in accordance with the Commercial Arbitration Act (Nova Scotia), the results of which shall be final and binding upon both parties. Notwithstanding the foregoing, nothing in this Article 22 shall prevent IWK from exercising its rights of termination set out in Article 4 or Section 13.3 hereof, in the circumstances described therein.

22.2 The Supplier, upon notification by IWK, shall continue to provide Services during any dispute

resolution process unless IWK directs in writing that Supplier shall discontinue provision of Services. The failure to continue to provide Services by the Supplier will constitute a breach of this Agreement by the Supplier and IWK may immediately terminate this Agreement upon providing written notice of the breach.

22.3 The Parties agree that all disputes shall be resolved in accordance with the dispute resolution

process set out in this Article 22 and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

23.0 GENERAL

23.1 IWK’s Representative All references in this Agreement to IWK, include any person duly authorized

to act on behalf of IWK hereunder

23.2 Headings and Interpretation The division of this Agreement into Articles and the insertion of headings are for convenience of reference only and do not affect its interpretation. Except where the context requires otherwise, references to the terms “herein,” “hereof,” “hereunder” and similar expressions refer to this Agreement as a whole, and not to any specific Article or Schedule.

23.3 Time of the Essence Time shall be of the essence in this Agreement.

23.4 Enurement. This Agreement shall enure to the benefit of and be binding upon the parties hereto,

and each of them, and their respective permitted assigns.

23.5 Currency: All dollar amounts referred to in this Agreement are Canadian dollars, unless expressly provided.

23.6 Offers of Employment: Each of the parties agrees that it shall not, without the prior written

consent of the other party, at any time prior to the expiration or earlier termination of this Agreement, or within a period of six (6) months thereafter, solicit personnel then in the employ of the other party, who either are, or were, directly involved in the performance or administration of this Agreement, to terminate their employment with that other party.

23.7 Partial Invalidity: If any term or provision of this Agreement is held by a court of competent

jurisdiction to be illegal, invalid or unenforceable, it shall be deemed to be severed from this Agreement, and the remaining terms and conditions shall nevertheless remain in full force and effect.

23.8 Counterparts: This Agreement may be executed in several counterparts, each of which when so

executed shall be deemed to be an original, and such counterparts together shall constitute one

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and the same instrument, which shall be sufficiently evidenced by any such original counterpart. A copy of a signed counterpart may be delivered by fax, PDF email or other electronic means which shows a reproduction of the signature and such shall be considered complete delivery and shall be deemed to be a signed original.

23.9 Further Assurances: The Supplier and IWK agree to execute and deliver all such further documents

and instruments, and do or cause to be done all such acts and things, as either party may reasonably consider necessary to evidence the intent and meaning of this Agreement.

23.10 RFP References: All references in this Agreement to “RFP” mean and include the RFP as defined

herein and any amendments that were made thereto by IWK.

23.11 Words in the Singular: Where the context so requires in this Agreement, words in the singular include the plural and vice versa.

23.12 Entire Agreement. This Agreement constitutes the entire agreement and understanding between

the Supplier and IWK with respect to the Services, and supersedes all prior negotiations, communications and other agreements, whether written or oral, relating to the subject matter hereof. Any amendment or modification to this Agreement shall have no force or effect unless it is in writing and signed by duly authorized representatives of each of the Supplier and IWK.

23.13 Assignment. The Supplier shall not assign this Agreement or any of its rights or obligations

hereunder, or subcontract the performance of any of the Services without the prior written consent of IWK, which consent may be withheld by IWK in its sole discretion. Any purported assignment or subcontracting by the Supplier without such consent shall be of no force or effect.

23.14 Amendment. Any amendment or modification to this Agreement shall have no force or effect

unless it is in writing and signed by duly authorized representatives of each of the Supplier and IWK.

23.15 Set-Off. Without restricting any right of set-off given by law, IWK may set-off against any amount

payable to the Supplier under this Agreement, any amount payable to IWK by the Supplier under the Agreement or under any other current contract. IWK may, when making a payment pursuant to the Agreement, deduct from the amount payable to the Supplier any such amount payable to IWK by the Supplier which, by virtue of the right of set- off, may be retained by IWK.

24.0 GOVERNING LAW

24.1 This Agreement shall be governed by and interpreted in accordance with the laws of Nova Scotia

and the laws of Canada applicable therein. Supplier and IWK hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Nova Scotia and all courts competent to hear appeals there from. .

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IN WITNESS WHEREOF IWK and the Supplier have caused this Agreement to be signed by their duly authorized representatives on the dates set forth below.

WITNESSED BY: Witness Signature Print Name:

DATED AT [City], [Province] day of, 201X [name of supplier] For the Supplier Print Name:

WITNESSED BY: Witness Signature Print Name:

DATED AT Halifax, Nova Scotia day of , 2019

IWK HEALTH CENTRE For IWK Print Name:

Witness Signature Print Name:

For IWK Print Name:

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SCHEDULE A

This Schedule A incorporates by reference the documents referred to under each of Schedule A.1 and Schedule A.2 below:

Schedule A.1 Request for Proposals

RFP [RFP#] issued by the IWK Health Centre (“IWK”) on [Month] [Day], [Year], which describes the Services to be delivered by the Supplier to IWK

Schedule A.2 Supplier’s Proposal

The Supplier’s Proposal dated [Month] [Day], [Year].

Supplier’s Initials: IWK Initials:

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SCHEDULE B

This Schedule describes the payment terms for the Services:

Schedule B.1 Payment

The total amount payable under the Agreement is set out in Article 3.2, and shall be invoiced by the Supplier as follows:

1) Payments for this contract will be administered through the electronic payment process or through the cheque process. Upon award, the Proponent must send payables information to [email protected]

2) Proponents to email all invoices to [email protected] within 30 days of a project completion date and the IWK will pay invoices within 45 days of receipt unless otherwise prearranged by the client and IWK

3) The invoice must show the authorized purchase order number, itemized list of services being invoiced for and a Proponent contact name and phone number for invoice problem resolution should the need arise

4) The IWK is interested in taking advantage of any discounts allowed for prompt payment of invoices 5) IWK agrees to make payment in accordance with the terms of the Bid and Agreement subject to the

following: a) The purchase order number must appear on each invoice b) The Project Manager's verification that all the work has been satisfactorily completed c) Once a project in finalized, all invoices shall be fully supported that clearly identify a detailed

description of services and hours. Invoices to include itemized statements of service and the applicable hourly rate for persons assigned to the project

d) HST must also be shown as separate line items on the invoice


mailto:[email protected]


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SCHEDULE C PERSONAL INFORMATION INTERNATIONAL DISCLOSURE PROTECTION ACT

The Supplier acknowledges and confirms that it is a "service provider" as defined in the Personal Information International Disclosure Protection Act, SNS 2006 c. 3 (“PIIDPA”), that it has read and understands its obligations as a service provider thereunder and that as a service provider it is legally bound by the obligations imposed on it by PIIDPA. It is a condition precedent to IWK entering into the Agreement with the Supplier that the Supplier irrevocably undertakes, covenants and agrees to be bound by and comply with the obligations imposed on it as a service provider under PIIDPA. The Supplier further covenants, warrants and represents to IWK that it will not at any time provide or allow the release of personal information, to which it has access in its capacity as a service provider to IWK, in response to any "foreign demand for disclosure" or permit or allow the "unauthorized disclosure of personal information" as each of those terms are defined in PIIDPA. The Supplier shall implement and strictly enforce security arrangements that will ensure that all personal information that it collects or uses on behalf of IWK is protected at all times from unauthorized access or disclosure and shall confirm in writing to IWK, upon request, the details of such security arrangements. The Supplier also agrees to implement and enforce any additional security procedures as may be required by IWK from time to time to protect the personal information that the Supplier collects or uses on behalf of IWK. IWK shall be authorized, upon giving prior written notice to the Supplier, to enter the premises of the Supplier during normal business hours for the purpose of conducting an audit of the security arrangements referenced herein. All personal information that the Supplier obtains or becomes aware of while providing services to IWK is not and shall not be or be deemed to be the property of the Supplier. The Supplier acknowledges and agrees that it will not, either directly or indirectly, acquire any rights to use or own any such personal information other than the right to use it for the sole purpose of fulfilling its obligations to IWK under the Agreement.

The Supplier expressly confirms that the laws of the Province of Nova Scotia shall apply to its obligations as a service provider to IWK, notwithstanding the laws or the order of any court outside Canada.


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APPENDIX B – SUBMISSION FORM

B.1 Proponent Information Please fill out the following form, naming one person to be the proponent’s contact for the RFP process and for any clarifications or communication that might be necessary.

Full Legal Name of Proponent:

Any Other Relevant Name under which Proponent Carries on Business:

Street Address:

City, Province/State:

Postal Code / Zip Code:

Phone Number:

Fax Number:

Company Website (if any):

Proponent Contact Name and Title:

Proponent Contact Phone:

Proponent Contact Fax:

Proponent Contact Email:

Nova Scotia Registry of Joint Stock Number (Leave blank if NOT applicable):

HST / GST Registration Number (Leave blank if NOT applicable):

SIN # (only required if you do not have an HST/GST or NSRJST number):

B.2 Offer The proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required. By submitting a proposal, the proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of Agreement, and offers to provide the Deliverables in accordance therewith at the rates set out in the completed Pricing Form (Appendix C).

B.3 Pricing The proponent has submitted its rates in accordance with the instructions in the RFP and in the Pricing Form (Appendix C). The proponent confirms that it has factored all of the provisions of Appendix A, including insurance and indemnity requirements, into its pricing assumptions and calculations.

B.4 Mandatory Forms The Proponent encloses as part of the proposal the mandatory forms set out below:

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FORM INITIAL TO ACKNOWLEDGE Appendix B - Submission Form

Appendix C - Submission Pricing Form

B.5 Addenda The proponent is deemed to have read and taken into account all addenda issued by the IWK.

B.6 No Prohibited Conduct The proponent declares that it has not engaged in any conduct prohibited by this RFP.

B.7 Conflict of Interest For the purposes of this RFP, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

(a) in relation to the RFP process, the proponent has an unfair advantage or engages in conduct,

directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the IWK in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the RFP process (including but not limited to the lobbying of decision makers involved in the RFP process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive RFP process or render that process non-competitive or unfair; or

(b) in relation to the performance of its contractual obligations under an agreement for the

Deliverables, the proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

Proponents should disclose the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other capacity) who participated in the preparation of the proposal; AND were employees of the IWK within twelve (12) months prior to the Submission Deadline.

If the box below is left blank, the proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFP.

Otherwise, if the statement below applies, check the box.

□ The proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP.

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If the proponent declares an actual or potential Conflict of Interest by marking the box above, the proponent must set out below details of the actual or potential Conflict of Interest:

B.8 Proposal Irrevocable The proponent agrees that its proposal shall be irrevocable for a period of ninety (90) days following the Submission Deadline

B.9 Disclosure of Information The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the IWK to the advisers retained by the IWK to advise or assist with the RFP process, including with respect to the evaluation of this proposal.

B.10 Execution of Agreement The Proponent agrees that in the event its proposal is selected by the IWK, it will finalize and execute the Agreement in the form set out in Appendix A to this RFP in accordance with the terms of this RFP.

Signature of Witness Signature of Proponent Representative

Name of Witness Name of Proponent Representative

Title of Proponent Representative

Date

I have the authority to bind the proponent.

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APPENDIX C – SUBMISSION PRICING FORM

1. Instructions on How to Complete Submission Pricing Form

(a) Rates shall be provided in Canadian funds, inclusive of all applicable duties and taxes except for HST, which must be itemized separately.

(b) Prepare one (1) lump sum price in C.1 Submission Pricing Form, per property per year for the

initial contract period and all option years, for combined snow clearing and removal services for the property on which the proponent is submitting a bid. The lump sum price provides performance of all Snow Removal and Ice Control Services up to a level maximum of 250.0 cm of snow and/or ice accumulations. Lump Sum Rates quoted by the proponent shall be all-inclusive for of Snow Removal and Ice Control Services. This Lump Sum amount shall include all labour and material costs, hand shovelling and application of salt/sand/CMA/other, all travel and carriage costs, all insurance costs, all costs of delivery, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any applicable fees or other charges.

(c) Provide cost in C.2 - Separate Prices per centimetre for Snow Removal and Ice Control Services

exceeding the maximum level of 250.0 cm of snow and/or ice accumulations. Cost shall be provided as a pricing option per centimetre for all years. Price per centimetre accumulation shall include the provision of all services described in the RFP.

(d) Provide cost in C.2 - Separate Prices for tandem truck load pricing for the removal of snow (per

tandem truck load) shall be provided as a pricing option for all years. Price per tandem truck load to remove snow in addition to the scope of work described in this RFP from IWK properties shall be at the sole discretion of IWK and only as / when requested by IWK. Price per tandem truck load shall include but not be limited to costs for material, fuel, all equipment (tandem truck, loader, etc.) and all labour (truck driver, loader operator and supervisor) and disposal fee.

2. Evaluation of Pricing

Pricing is worth a combined score of 50 points on which the proponent has submit a bid. The breakdown of pricing structure will be as followed:

Submission Pricing Form and Separate Prices Total Points C.1 - Lump Sum Pricing 35 points C.2 - Snow / Ice Accumulation > 250.0 cm 7.5 points C.2 - Tandem Truckload Pricing 7.5 points Maximum Total Points 50

If the proposal’s score meets or exceeds the minimum qualifying score at subtotal A, the Pricing Response will then be evaluated using the formula below.

Pricing will be scored based on the rates set out in the Pricing Form and Separate Prices, noting that the rate is calculated as the average of a proponent’s prices submitted for the first year and all optional extension years for each property. Each proponent will receive a percentage of the total possible points allocated to price for a particular property, which will be calculated by dividing that proponent’s price for

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that property into the lowest bid price for that property. For example, if a proponent bids $120.00 for a particular property and that is the lowest bid price for that property, that proponent receives 100% of the possible points for that property (120/120 = 100%). A proponent who bids $150.00 receives 80% of the possible points for that property (120/150 = 80%), and a proponent who bids $240.00 receives 50% of the possible points for that property (120/240 = 50%).

Lowest rate -------------------

X

Total available points = Score for second-lowest rate

Second-lowest rate

Lowest rate -------------------

X

Total available points = Score for third-lowest rate

Third-lowest rate

And so on, for each proposal.

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C.1 SUBMISSION PRICING FORM Prepare the following table for inclusion in your proposal:

TENDER NUNMER: WS94398624

PROPONENT NAME:

Properties SCHEDULE OF ANNUAL PRICES / LUMP SUM PRICE (HST EXCLUDED)

Year 1 Year 2 Year 3 Year 4 Year 5


RFP WS94398624 Page 49 of 76

C.2 SEPARATE PRICES Separate prices, requested in the bidding documents shall not be included in the C.1- Lump Sum Price. Consistent with their acceptance or rejection by IWK, they will be carried in the Agreement as an amount separated from the contract amount, or in a separate agreement. The required separate prices are:

Properties

AMOUNT IN ADDITION TO ANNUAL TOTAL LUMP SUM PRICE (HST EXCLUDED): Price per tandem truck load to remove snow from IWK properties as / when requested. Price per truckload shall include but not limited to costs for material, fuel, all equipment (tandem truck, loader, etc.) and all labour (truck driver, loader operator and supervisor) and disposal fee:

Year 1 Year 2 Year 3 Year 4 Year 5 IWK Health Centre 5850/5980 University Avenue Halifax, N.S. B3K 6R8

Properties

AMOUNT IN ADDITION TO ANNUAL TOTAL LUMB SUM PRICE (HST EXCLUDED): Snow Removal and Ice Control Services exceeding the level of 250.0 cm of accumulated snow and/or ice accumulations, shall be provided as a pricing option per centimetre for all years.

Year 1 Year 2 Year 3 Year 4 Year 5 IWK Health Centre 5850/5980 University Avenue Halifax, N.S. B3K 6R8

$ / CM

$ / CM

$ / CM

$ / CM

$ / CM

- End Of Section -

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APPENDIX D – RFP PARTICULARS

D.1 THE DELIVERABLES

1. Service Requirements

IWK requires snow removal and ice control services that will provide and maintain existing clear access at the properties listed in Part 1, Section 1.1.2. The properties shall be maintained throughout the contract period in a condition satisfactory to IWK. The successful Proponent shall adhere to the highest performance standards of winter maintenance and care to ensure continual operations in all functions related to safe property access. The proponent is expected to uphold and maintain the same scope of work as described in Appendix D – RFP Particulars regardless of exceeding the 250.0 cm accumulation of snow and ice to the properties at IWK. Proponents shall utilize Environment Canada as well as Scotia Weather Services in order to obtain and verify these measurements. Supporting documentation shall be submitted as per D.2 Section 10 – Method of Invoicing.

2. Standards for Winter Maintenance

The successful Proponent must:

1. Ensure that winter maintenance (snow removal and ice control) activities are performed in accordance with

the Performance Standards as specified in Section 3 of Appendix D, D.1 the deliverables.

2. Ensure that all staff engaged in winter maintenance activities are properly trained in snow and ice control operations, have all required safety training and are knowledgeable of the prescribed Performance Standards.

3. Be prepared to and capable of carrying out all snow and ice control activities at any time (24 hours a day,7

days a week) during the contract period and optional terms of this contract.

4. Supply all the necessary equipment, labour, salt, salt brine, calcium magnesium acetate (100% CMA), sand, traffic control and other materials or equipment required to undertake snow and ice control activities during the contract period and optional terms of this contract. The IWK will provide at their own expense the Heliport ice melting material called Urea.

5. Determine the equipment, labour and material needed to meet the requirements of the contract including

but not limited to the review of properties to assess physical restrictions, entrances, steps, structures and other obstacles on the properties.

6. Subscribe to the services of a professional weather forecaster in order to monitor weather conditions (24

hours a day) during the contract period. The forecast shall include detailed information pertaining to precipitation, wind speed and direction, surface and air temperature, dew point, and the probability of black ice. The forecast must be issued to the Proponent a minimum of 2 times daily.

7. Ensure availability of an adequate supply of salt and sand to satisfy the requirements of the contract, including

any necessary stockpile which would be required to offset any possible shortages due to transportation delays, salt mine/source shut downs, holidays, mine closures and the increased salt/sand usage rate of multiple subsequent winter weather events. Any stockpiled salt that is stored on IWK sites must be stored in a weatherproof container and secured from public access.

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8. Maintain a stockpile of salt at the IWK location as directed by Owner of no less than ten (10) bags of dry and granular rock salt. This storage can be used by IWK Maintenance and security services staff on an emergency basis. Weight per bag of salt shall be 25 lbs. Stockpile amounts shall be checked by Proponent at least once monthly to ensure adequate supplies are available at all times.

9. When conditions dictate the need for winter maintenance activities, the Proponent shall initiate, organize,

direct and supervise the necessary resources to achieve the prescribed Performance Standards during the contract period.

10. If required for winter maintenance operations, the Proponent shall be responsible for complying with the

Nova Scotia Temporary Work Place Traffic Control Manual.

11. Investigate and respond to complaints and inquiries from IWK concerning winter snow and ice control operations.

12. Maintain 24 hour supervisory coverage for the contracted properties. The Supervisor must be able to receive

calls and respond to emails from the IWK contact or designate. The Supervisor is to be actively on duty and located within the contracted area at all times for the duration of this contract.

13. Patrol/monitor the listed properties 24 hours a day during weather events and the contract period and keep

a daily log of inspections and work performed. This log should be available for inspection at any time.

14. Provide one (1) email address and one (1) telephone number that can be used by IWK to contact the on-duty Supervisor at all times.

15. Respond to, investigate and resolve any inquiries or complaints from a Property Owner regarding damage to

private property as a result of snow and ice control activities.

16. Repair all damage caused to the listed properties and private property as a result the proponent’s snow and ice control activities. Repairs are to be completed by June 1st of each year (failing which IWK may make such repairs at proponent’s expense and/or terminate the contract). Any urgent or safety related damage/repair requiring immediate attention must be completed with 24 hours.

17. Proponent shall be responsible for any required clean-up of the snow storage location during the winter

season and once all snow has melted. This includes but is not limited to the removal and off-site disposal of all refuse, garbage, contaminated material, rock, debris and any/all materials contained within the hauled snow. Removal of waste must be completed within one week after exposure.

18. Proponent shall be responsible for any required clean-up of residual salt and sand remaining on the properties

once all snow has melted.

19. Comply with all requirements of the Nova Scotia Occupational Health and Safety Act and Regulations, Nova Scotia Environment Act and all related regulations. Obtain all permits, if applicable, comply with all codes, bylaws and all standards pertaining to the work and jobsites.

20. IWK is not liable for damages and will not respond to any claims for damages to private property as a result

of the Proponent carrying out snow removal and ice control activities. When necessary, IWK will provide the

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proponent’s contact information which may include proponent’s insurance information, to the private property owner and advise them to pursue any claims for damages directly with the Proponent.

3. Performance Standards Minimum Requirements

1. Proponent shall ensure all properties listed in Part 1, Section 1.1.2 are free and clear of snow and ice to the

bare surface and as further detailed in the table below and according to the hours of operation detailed in Appendix E. The properties listed in Appendix E shall be maintained free and clear of snow and ice continually throughout the day and night (as applicable) for all snowfall or weather events and on an as required basis according to the priority levels as follows:

PRIORITY LEVEL HIGH MODERATE LOW

AREA

AREAS TO BE CLEARED WITHIN ONE (1) HOUR

OF START OF SNOWFALL AND

MAINTAINED THROUGHOUT THE

STORM

AREAS TO BE CLEARED

WITHIN TWO (2) HOURS OF END OF

SNOWFALL

AREAS TO BE CLEARED WITHIN SIX (6) HOURS OF

END OF SNOWFALL

Heliport (See Appendix E for detailed specifications)

Emergency entrances

Main entrances

Roadways/Driveways

Stairwells

Fire lanes

Walkways

Sidewalks

Parking lot lanes

Parking lot and garage entrances/exits

Water ring main valve covers Fire hydrants Catch basins Gravel lots

Parking lots

Concrete patios Gravel driveways

Loading ramps

Waste disposal areas

Generator pads Courtyards Emergency exits

All other locations

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2. Proponent shall maintain a 24 hour/7 days per week “weather watch” during the term of the contract. It is the responsibility of the Proponent to ensure that snow removal and ice control operations start before a weather event and continue throughout a weather event until such time as the property surfaces are bare to surface following cessation of the snowfall or weather event. In the event there is a conflict between the Proponent and IWK in determining the end of a weather event, IWK will make the final determination.

3. Proponent shall ensure all snow removal and ice control operations are completed for all locations within a 6

hour period following cessation of snowfall or weather event realizing that extreme weather conditions and heavy snowfalls may require a longer cleanup period. Return trips to clean up parking areas where vehicles have been parked during initial clearing operations shall be included in the contract price.

4. Proponent shall monitor and respond to freeze/thaw hazards as conditions warrant. The Proponent must be

cognizant that icing conditions may develop through a number of means due to frost depth, wet surfaces, falling temperatures, flash freezing and blowing snow. Special attention shall be paid when daytime temperatures melt existing snow and nighttime temperatures cause ice to form. Patient and public safety shall be of the utmost importance.

5. Proponent shall exercise due diligence and take all necessary actions to ensure that all sites covered under

this contract are kept safe and operable to vehicles and pedestrians at all times.

6. When weather conditions are suitable for the use of pre-salting, the Proponent shall be responsible to pre- salt or apply sufficient liquid salt brine to cover the entire parking lot surface, driveways and entrance ramps on all listed properties prior to any forecasted snow/weather event. Not all weather events are suitable for the use of pre-salt or direct liquid application (example: weather events starting as rain).

7. Proponent shall be responsible to pre-salt (or CMA as applicable) all sidewalk surfaces, ramps, steps, stairs

and door entrances for listed properties prior to any forecasted snow/weather event.

8. Proponent shall use liquid salt brine, rock salt, calcium magnesium acetate (100% CMA) and sand when conditions are favorable. Innovations in direct Liquid Application are encouraged but must first be approved by IWK.

9. Proponent shall ensure the application of rock salt, liquid salt brine, sand, or calcium magnesium acetate is

carried out on an “as required” basis, whether or not snow has fallen or is falling and whether or not ice has formed or is forming.

10. Proponent shall locate, identify, document on site maps and advise all workers on site of the location fire

lanes, fire hydrants, sprinkler Siamese connections, natural gas meters, exterior mechanical equipment at grade level, wheelchair ramp entrances, curbs, storm drains and plant material. Snow is not to be stored in these areas. Where possible, plowed snow should be stored near storm drains, and on the low side of parking areas to minimize freezing run off.

11. Proponent shall clear parking lots to the curb and push snow in such a way as to maximize the use of parking

spaces for parking.

12. Immediately following a snowfall event the Proponent shall provide a loader of sufficient size to relocate pushed/plowed snow to storage areas on the property to maximize the use of parking spaces. IWK must be

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consulted and in agreement with on-site snow storage locations. The Proponent must make every effort to relocate snow within the parameters of the property to maintain the efficient use of the property. IWK will be the sole decision maker of on-site storage locations and the requirement to relocate snow off the properties.

13. Snow plow angles should be set in such a way as to prevent parked vehicles from being blocked in by snow.

14. All areas near exterior doors are to be cleaned of snow whether or not there is an adjacent sidewalk or ramp

or step or landing.

15. Plow around waste containers to permit the safe pick up and transfer of waste containers.

16. Provide winter maintenance adjacent diesel generator stations to permit safe maintenance access to diesel generators and safe access for fuel delivery.

17. Provide winter maintenance adjacent fuel storage tanks and associated fence and gates to permit safe access

for fuel delivery.

18. Provide winter maintenance adjacent medical gas supply tanks and associated fence and gates to permit safe access for gas delivery.

19. Proponent shall ensure all sidewalks, ramps, stairs/steps, entrances and exits are free and clear of snow and

ice to the bare surface and readily accessible to allow access by employees and the public. All exterior doors are to be cleared of ice and snow to the bare surface to allow for operation of the door, whether there is a sidewalk, stair, steps, ramp, or landing at the door or not.

20. Proponent shall ensure all parking lots, driveways and entrance ramps are free and clear of snow and ice to

the bare surface.

21. Proponent shall ensure all motorized fence gates or manual swing gates are cleared of ice and snow to allow for operation of the gate. Snow and ice shall be removed from the tracks, rollers, and swing or travel path to allow for full and easy access and operation of the fence gate.

22. Proponent shall maintain access to accessible parking spots and all sites including wheelchair ramps at

sidewalks and driveway openings at all times. This may include repeat visits to sites to remove snow pushed in by HRM or other private snow clearing operations.

23. At some sites, vehicles are parked overnight. In such cases the Proponent will clear as much snow as practical

during storms and return during business hours when the vehicles are gone, to complete snow removal and cleanup.

4. Snow Hauling

1. Snow cannot be stockpiled on sites as noted in Appendix E – List of Properties unless otherwise approved

by IWK. Snow is to be trucked away from the site, at price listed in Appendix C.2. Snow hauling will normally take place outside of normal business hours.

5. Equipment & Personnel

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1. Equipment used on IWK sites shall be maintained in excellent working condition, be fully insured, and comply with current licensing and MVI regulations. All mobile equipment is to be equipped with yellow or orange flashing or revolving lights, which are to be in operation and visible at all times during snow removal.

2. Operators of mobile equipment must be fully qualified, licensed and responsible for the equipment they are

operating, and trained in the operation of said equipment. All vehicles shall be operated in a safe manner, respecting legal speed limits and to be respectful and aware at all times of pedestrian and vehicle traffic.

3. Proponent shall inspect equipment to ensure proper working order. In the event of mechanical breakdown,

severe weather, personnel shortage, or other conditions, Proponent shall provide the same level of service as contracted for at their own expense. Proponent shall have at their disposal at all time’s sufficient snow removal equipment and personnel to maintain all sites in a safe and timely manner.

4. Personnel engaged in snow removal/salting are to wear such personal protective equipment (PPE) as called

for by the proponent’s safety plan. In any event, all personnel engaged in snow clearing/salting are to wear reflective, high visibility safety vests when outside a vehicle.

5. Prior to commencement of any services on the heliport at the IWK, the proponent’s staff working at the IWK

property will be required to complete an orientation session provided by IWK. The proponent’s staff is to be trained onsite at the IWK location within one week upon award up on the Heliport using the appropriate inspected safety harnesses and fall restraint devises. This training to be signed by both the Proponent and the IWK Occupational Health & Safety Department and those trained individuals are the only staff permitted access to the Heliport.

6. Proponent to have all staff working on the Heliport must be trained in fall arrest for snow clearing and de-

icing.

6. Responsibility Before Winter Season

1. Proponent to fully inspect each site prior to the start of the snow removal season to ascertain any pre-existing physical damage to sod, plantings, curbs, fences or property in general. Proponent shall document any such damage and submit a written record and photographs to IWK to alleviate their responsibility.

2. Proponent shall appoint a competent foreman/supervisor and instruct him/her in the particulars of each

property. Operators of equipment and hand labourers are to be shown similarly for each site they are to be working on.

7. Commencement meeting

1. A work plan must be confirmed upon receipt of award of contract; the successful Proponent will provide

contact names and contact phone numbers to arrange a pre-job meeting prior to commencement of any work.

2. At the commencement meeting, Proponent shall confirm storage locations for any snow removed (hauled) from the listed properties with the IWK representative. The location of all storage locations must be approved by IWK and must comply with any pertinent and related regulations (Federal, Provincial and Municipal).

8. Responsibility for Damage

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1. Proponent shall report any damages incurred by their operations to the IWK representative immediately.

2. Proponent shall be fully responsible for repair or replacement costs for damages incurred to sod, shrubbery, trees, fences, curbs, signage and structures during snow removal/ice control operations carried out by him/her. All damage must be repaired as soon as landscaping materials are available in the spring of the respective year.

3. Damage to windows, gates, trap doors, oil fill covers, etc. which may pose a safety, security or environmental

hazard or which may expose parts of the building to weather must be reported to the IWK contact immediately and have temporary repairs effected within 12 hours.

4. Any damage or accidents involving vehicles on IWK property or to real property must be reported immediately

to the IWK representative.

5. Any damage to diesel generator stations and related equipment, fuel or medical gas storage tanks and any damage to fuel lines, or other similar fuel containing equipment must be reported immediately to both the IWK representative and the local office of Nova Scotia Environment (NSE). If the spill has occurred between the hours of 4:30 pm and 8:30 am, on a weekend or holiday, call Environmental Emergency Notification number for Nova Scotia 1-800-565-1633. A list of local NSE offices is also available at http://www.gov.ns.ca/nse/dept/division.emc.asp. Proponent are required to notify the NSE of a reportable spill as soon as they become aware of the release.

6. Failure of the proponent to repair/replace damage satisfactorily or on time will result in IWK undertaking the

repair/replacement, and costs being charged back to the proponent.

9. Type of Equipment:

1. Steps/stairs, ramps, door entrances, door exits and entrance and exit landings may be cleared with power (snow blower) or hand equipment where appropriate and except as noted in the Appendix E for each property. Removal of snow/ice from steps shall include removal of snow adhered to the step risers.

2. At properties with parking areas and sidewalks, snow may be pushed or plowed by trucks with angle blades

and/or skid steer with bucket or snow-blower.

10. Recalls

1. The successful Proponent shall be aware of any product or equipment recalls and replace with a suitable substitution upon the approval of IWK.

D.2 MATERIAL DISCLOSURES

1. Insurance Requirements

1. The successful Proponent shall maintain such insurance and pay such assessments as will protect the successful Proponent and IWK from claims under the Workers Compensation Act and from any other claims for damages for bodily injury, sickness or disease, including death at any time therefrom, death and from claims for property damage which may arise from operations under this Agreement. The minimum limits of

http://novascotia.ca/nse/dept/division.compliance.asp

http://www.gov.ns.ca/nse/dept/division.emc.asp

http://www.gov.ns.ca/nse/dept/division.emc.asp

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such insurance shall be not less than $10,000,000 with respect to each occurrence or accident, on an occurrence (not claims made) basis.

2. The liability insurance to be maintained by the successful Proponent shall include Commercial General Liability

Insurance with Limits not less than $10,000,000 per occurrence and with extensions of coverage to include: • IWK Health Centre as Additional Insured • Cross Liability Clause • Contractual Liability • Employers Liability • Non-owned Automobile Liability • Premises and Completed Operations • Contractors Protective Liability • Certification of Coverage being applicable to this Agreement • Broad Form Property Damage • Personal Injury

3. AUTOMOBILE LIABILITY INSURANCE insuring all licensed vehicles owned, leased or operated by the successful

Proponent in an amount not less than $5,000,000.

4. The successful proponent shall maintain AIRSIDE LIABILITY INSURANCE with a minimum limit of $5,000,000 per occurrence to cover the proponent’s liability arising from any services provided under the contract.

5. All insurance policies shall be endorsed to provide a minimum advance written notice of not less than 30 days,

in the event of cancellation, termination or reduction in coverage or limits, such notice to be made by the Insurer to IWK.

6. Proponent shall not do or omit to do or suffer anything to be done or omitted to be done which will in any

way impair or invalidate such policies or insurance.

2. Working Conditions and Employee Protection

1. The Proponent shall not employ at the location any unfit person or anyone not skilled in the work assigned to them.

2. Ensure proponent’s employees engaged in winter maintenance work at the specified sites are dressed in

appropriate high visibility apparel at all times which clearly identifies the employee.

3. The company agrees that upon request by IWK, the company shall remove from their assignment at IWK any employee who, in the opinion of IWK is guilty of improper or illegal conduct, or is not qualified to perform the work assigned.

4. IWK has authority to stop the progress of the work in an emergency affecting or threatening the safety of life

or the environment. IWK has authority to stop the progress of the work, make changes and order such work extra to the Contract as in his/her opinion may be necessary.

5. The Proponent shall comply with laws, ordinances, rules and regulations relating to the work and to the

preservation of the Occupational Health and Safety Act and the Environment Act and associated regulations

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under the law in the Province of Nova Scotia prior to the commencement of the Work and throughout the duration of the contract.

3. Sustainability

IWK is committed to purchasing goods, services, and construction in a manner that is better for our economy, our environment, and our communities. The Proponent shall provide the services in a sustainable manner (e.g. considering greenhouse gas reduction, waste reduction, toxicity reduction, worker health and safety, and local economic development). Actions shall include but not be limited to:

a. Employing technologies and equipment designed to optimize salt usage and minimize salt movement from

the application site;

b. Employing technologies and equipment designed to minimize snow removal off site;

c. Reducing unnecessary vehicle idling on site; and

d. Proponent shall participate in the waste management program in effect for the specified sites.

4. Occupants’ and Public use of the Properties

1. The properties and associated buildings may remain in use throughout the duration of the contract outside the normal work hours.

5. Proponent’s use of the Building

1. Ensure that winter maintenance personnel perform work at the properties only as required under the

Contract. Execute work with least possible interference or disturbance to associated building occupants, public and normal use of properties.

2. Do not obstruct existing exits.

3. Provide temporary barriers and warning signs in locations where appropriate to the type of winter

maintenance work is in progress.

6. Quality Assurance

1. Proponent are to record the completed winter maintenance for specified property.

2. The records shall be in a format similar to the Daily Winter Log Sheet included in Appendix H or a form acceptable to IWK. Proponent is encouraged to utilize available electronic technology and apps.

3. The Winter Logs for specified site are to be submitted within twenty-four hours of a weather event.

Proponents shall submit winter logs electronically.

4. Proponent to check with Protection Services at 902-470-7070 each morning by 6am after a weather event to determine if further action must be taken.

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5. Inspection meetings: a. Inspection meetings at IWK’s request can be scheduled.

b. Present at the inspection meetings shall be a representative of IWK, the proponent, his/her staff and

subcontractors that he/she requires and notifies.

7. Security Requirements

1. The Proponent shall be responsible for excluding all unauthorized persons from entering the building and for keeping the building locked while the proponent or the proponent’s employees are on the premises. The Proponent shall lock all doors and turn off lights when the proponent or the proponent’s employees leave the premises.

2. Proponent shall be issued keys to all areas in which winter maintenance services shall be provided, when

required. At the expiration/cancellation of the contract, the Proponent must surrender all such keys to IWK. Any payments due to the Proponent shall be withheld until the Proponent has/have surrendered all keys/key cards issued.

3. When required, IWK shall issue one (1) key per area to the proponent’s employee designated as the

supervisor.

4. The Proponent shall pay for the replacement of door locks if determined by IWK that such replacement is necessary due to the proponent’s loss of key(s). There may be multiple keys issued to building tenants plus reserve keys. The Proponent shall be responsible for the replacement costs for all such keys.

5. The Proponent shall not duplicate keys. If evidence of duplication is ascertained beyond reasonable doubt,

IWK shall have the right to immediately cancel the contract and to initiate legal proceedings.

6. The Proponent shall not use nor allow the proponent’s employees to use any IWK private agency telephones and/or equipment in the building.

7. Perform work in conformance to the security regulations for the specified site as directed by IWK. Proponent

shall conform to the following:

a. Winter maintenance personnel shall be prepared to identify themselves at any time they are requested while on site.

b. Restrict winter personnel to only their particular areas of work where they shall neither converse nor

fraternize with the specified building’s occupants.

c. Arrange for suitable escort of winter maintenance personnel at the specified site.

d. Security sensitive areas within buildings will be identified with the successful Proponent. The division will coordinate special requirements for these areas with the successful Proponent.

8. Entrance to the Heliport must be accompanied by an IWK Protection Services Officer or IWK Engineers.

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8. Neglect of Contractual Duties

1. IWK reserves the right to charge back costs incurred for correcting winter maintenance areas where:

a. The situation resulted from inferior service by the Proponent as deemed at the sole and absolute discretion of IWK.

b. The situation was brought to the Proponent’s attention in writing and given 8 hours to correct the

problem.

c. In the event that the same situation recurs more than three (3) times without successful resolution, IWK will have the right to implement the termination clauses outlined in the contract (see Section 4.0).

9. Complaints and Requests

1. All winter maintenance complaints and/or requests made to the Proponent will be done in writing or email.

One copy will be issued to the proponent’s supervisor for appropriate action and documentation, and then returned to IWK or his/her designee charged with overseeing the contract. When possible, complaints will be corrected the same day.

10. Method of Invoicing

1. Each winter, the total annual price for each property as indicated in Appendix C – Submission Pricing Form

shall be broken down into equal monthly payments and invoiced as follows:

Period Invoice Request Date May 31 to Nov 30 Nov 30 Dec 1 to Dec 31 Dec 31 Jan 1 to Jan 31 Jan 31 Feb 1 to Feb 28 Feb 28 Mar 1 to Mar 31 Mar 20 April 1 to May 31 May 31

Invoices for Separate Prices requested in the bidding documents C.2 that are not included in the Lump Sum Price shall be submitted in the schedule listed above. When the snow and ice accumulation exceeds the maximum level of 250.0 cm, the proponent must provide the supporting documentation attached to invoices by utilizing the data from Environment Canada as well as Scotia Weather Services. Invoices submitted for the snow removal services per tandem truck load will be paid only when approval was obtained by the IWK.

Payment for the April – May period will only be made once any damage incurred (lawns, curbs, etc.) during the contract have been repaired.

2. Invoices for work completed under this contract shall be made and forwarded by e-mail to:

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IWK Accounts Payable

IWK Health Centre P.O. Box 9700 HALIFAX NS B3K 6R8 CANADA

Remit To: [email protected] PO # MUST be included on Invoices

11. Occupational Health and Safety (OH&S) Requirements

1. References Observe construction safety measures of:

1. National Building Code 2010, Part 8 2. National Fire Code of Canada 3. Nova Scotia Building Code Act [RSNS 89,c.49] and Regulations 4. Occupational Health and Safety Act SNS 1996, Chapter 7 and Regulations and Workplace Health

and Safety Regulations, including but not limited to: a) Fall Protection and Scaffolding Regulations b) First Aid Regulations c) Workplace Hazardous Material Information System Regulations d) Occupational Safety General Regulations

5. Workers’ Compensation Act 6. Nova Scotia Fire Safety Act 7. Dangerous Goods Transportation Act 8. Nova Scotia Department of Agriculture and Marketing Equipment Isolation and Lockout Policy

(95.05.09) 9. Nova Scotia Temporary Work Place Traffic Control Manual

2. All properties shall conform to the Nova Scotia Smoke Free Places Act.

3. In case of conflict or discrepancy within the cited references above, the more stringent requirement shall

apply.

4. Where reference is made to jurisdictional authorities, it shall mean all authorities who have within their constituted powers the right to enforce the laws of the place of the building.

12. Hazardous Material

1. Where work entails use, storage, or disposal of toxic or hazardous materials and chemicals, or otherwise

creates a hazard to life, safety, health, or the environment; work shall be in accordance with Workplace Hazardous Material Information System Regulations.

13. Site Cleaning

The Proponent shall:


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1. Maintain public right-of -ways, easements, paths, sidewalks, roads, and the like, free of winter debris originating from winter maintenance activities.

2. Protect sewerage from accumulation of snow, ice and sand. Clean sewers, walks and roads as frequently as

required to ensure that they are clear of snow, ice and sand material.

14. Fire Safety Requirements

1. Apply fire protection methods, good housekeeping practices and local and Underwriter’s Laboratories Canada fire regulations including, but not limited to, National Fire Code of Canada, Nova Scotia Fire Safety Act, [RSNS2002,c6] and the Provincial Building Code Act, [RSNS1989,c46]. Provide UL approved fire extinguishers, and other firefighting services and equipment.

15. Reporting Fires

1. Post a notice indicating the location of the nearest fire alarm box and telephone, including the emergency

telephone number.

2. Report all fire incidents immediately to the Fire Department.

3. The person reporting the fire shall ensure that the Fire Department is adequately directed to the scene of the fire.

4. Give location of fire, name or number of building and be prepared to verify the civic address, or other definitive

location.

16. OH&S Document Submission

1. Ensure that the OH&S Document submission applies to the Work of this specific project and site.

2. Upon award the Proponent must submit one copy of the company’s OH&S Documentation.

3. OH&S Documentation shall contain specific information detailing the methods and procedures to be implemented by the Proponent to ensure compliance with the OH&S Act and regulations and any other contractual requirements specified in this section and to ensure: 1. The health and safety of all persons at or near the Work including the public. 2. Compliance with requirements of the regulatory agencies.

4. Where changes to the Work require changes to the OH&S methods and procedures, modify and resubmit the

OH&S Document to IWK prior to implementing the changes.

5. Organize OH&S Document in the form of a typed instructional manual using 8-1/2" x 11" paper with tabbed sections (Headings). Document to be titled ‘OH&S Document-(project title)’. 1. Where drawings are within the safety document, provide with reinforced punched binder tab. Bind in

with text; fold in larger drawings to size of text pages.

6. Arrange the contents under the following Headings. 1. Employee OH&S Training:

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1. Include a statement indicating that all employees, including subcontractors working on this specific project have met their respective company specific training requirements and training requirements of the OH&S Act and Regulations and as such are deemed competent by their employer to perform their duties. Include proof of designated competence where required by the OH&S Act.

2. Company Safety Policy : 1. Provide the company’s Occupational Health and Safety Policy. Include information pertaining to

the employees’ rights under the OH&S Act and provide details on the assignment of responsibility and accountability of managers, supervisors and employees.

3. Company Safety Rules: 1. Provide company general safety information applying to every work environment where the

company has staff and indicating compliance to the policy on items including but not limited to: use of personal protective equipment, CSA approval on such items, and use of alcohol or non- prescription drugs. Include company disciplinary policy for violations of company rules or violations of OH&S Act or Regulations including policy for dealing with violations of subcontractors.

4. Hazard Identification System: 1. Provide details on the system to be used to evaluate the project to identify potential hazards, as

well as details on the project specific hazards identified from said assessment. Include information on procedures and schedules for regular inspections, procedures for ensuring the reporting of hazards and the accountability of persons responsible for the correction of hazards. Describe the scheduling and recording of informal inspections, formal written inspections, written hazard assessments and include each in the assessment. Indicate how ongoing hazard assessments and the methods to control these new hazards will be communicated to all persons on the project. Identify the subcontractor’s responsibilities for hazard assessments and inspections of his/her own work and employees.

5. Supervision: 1. Identify in the submission, the proponent’s employee designated to control and oversee all OH&S

related matters on the project including the monitoring of all activities of all persons on the project and the methods and procedures to be used by this employee to ensure compliance with the OH&S Act and regulations.

6. Emergency Action Plan: 1. Provide the following information:

• First aid services - include location of first aid stations, attendants, services, supplies and the posting of first aid information.

• Posting of information - include information identifying trained emergency response staff, phone location for emergency use, project address and all necessary emergency service phone numbers and locations.

• Fire Protection - Advise the firefighting authority during the project of any work that would impede fire apparatus response, including but not limited to reduced overhead clearances, erecting of fences/gates/barricades and digging of trenches. Include reporting of fires procedures.

• Work Stoppage - Provide information on the securing of areas during emergencies and how information is communicated to persons present on site during such emergencies.

• Contingency plan to correct the Safety Plan in the case that significant failure of the Safety Plan is identified such as repeated identification of unsafe conditions by one or more of the proponent, IWK or other non-contractor personnel.

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7. Joint Occupational Health & Safety Committee - Provide rules of procedure under which the JOHSC will operate including but not limited to membership details, meeting schedules, posting of meeting minutes, chairing of meetings and the role of the JOHSC on the project. Provide information on safety representatives’ roles and responsibilities on the project during periods where a JOHSC is not in place.

8. Equipment and hazardous chemical security /access plan including but not limited to: vehicle access,

employee access, gates, and general site security.

9. Communication of Information - describe methods to be used to communicate all OH&S related information to all persons working on the contract. Information is to include but not be limited to: the posting of first aid information, JOHSC members’ names, JOHSC meeting minutes, copies of the OH&S Act and regulations, copies of ongoing inspections and hazard assessments etc.

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D.3 RATED CRITERIA

If a proposal meets the Mandatory Criteria it will be evaluated using the Evaluation Criteria set out in the table below. This table gives an overview of the categories and weighting for the rated criteria of the RFP. Scores will be recorded for each category and a subtotal score (Subtotal A) will be determined. Proponents who do not meet a minimum threshold score for Subtotal A will not proceed to the Pricing stage of the evaluation process.

Rated Criteria Category Weighting (Points) Minimum Threshold D.3.1 Experience and Qualifications 25 points

D.3.2 Human Resources and Training 30 points

D.3.3 Performance 20 points

D.3.4 Equipment 25 points

Subtotal A 100 points 70 points C.1 - Lump Sum Pricing 35 points

C.2 - Tandem Truckload Pricing 7.5 points

C.2 - Snow / Ice Accumulation > 250.0 cm 7.5 points

Maximum Total Points 150 points

D.3.1 Experience and Qualifications – Total Points = [**25 points**]

Each proponent should provide the following in its proposal:

(a) a brief description of the proponent, including company knowledge, skills and expertise related to winter maintenance (snow removal and ice control);

(b) a description of the services the proponent has previously delivered, with an emphasis on experience

delivering snow removal and ice control services for similar types of facilities;

(c) a description of how the proponent will provide the Deliverables, which should include a work plan and incorporate an organizational chart indicating how the proponent intends to structure its working relationship with the IWK ;

(d) three (3) references from clients who have obtained services similar in size and scope to those requested

in this RFP from the proponent in the last three (3) years. Evaluators will score on proponent’s performance of existing IWK contracts.

D.3.2 Human Resources and Training – Total Points = [**30 points**]


(a) a description of how the proponent handles/addresses requests for immediate action from a client. In particular, the proponent should provide a description of how they will communicate with the IWK contact and describe the process that will be used to deploy staff and equipment;

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(b) identification of the proponent’s contract administrator, field supervisor(s) and lead hand(s) who will be assigned to this winter maintenance contract. Include for each person their job title, qualifications, experience and specific duties for this contract; and

(c) details of staff training that will be administered to all staff who will be assigned to work on this winter

maintenance contract. Include details on number of employees attending training sessions, course titles and descriptions of course content, certifications obtained from training where applicable, and frequency of training or a course schedule.

D.3.3 Performance – Total Points = [**20 points**]


(a) a description of the monitoring and evaluation process/program that will be used to verify that services are in compliance with the contract and specifications listed in this RFP document. Include details on reporting progress of winter maintenance services to IWK and the weather monitoring program that will be used to predict deployment of resources for the winter maintenance;

(b) a description of any innovations (processes, equipment, etc.) that the proponent will bring to this contract,

including the ability to increase direct liquid application of brine where/when conditions permit;

(c) a description of any processes, approaches, or controls that the proponent will use to optimize salt use and reduce salt related environmental impacts on the locations included in the contract; and

(d) a copy of the proponent’s plan showing their commitment to environmental protection (e.g.,

environmental policy, health safety and the environment statement, chemical and/or hazardous material management plan) and information about any continuing environmental improvements and initiatives.

D.3.4 Equipment – Total Points = [**25 points**]


(a) a list of equipment (quantity, model number, description, age, etc.) that will be dedicated to this winter maintenance contract; and

(b) an explanation of the specific measures and/or plans the proponent has taken to guarantee the availability

of equipment and personnel for the duration of the contract. Include details on how the proponent handles emergency situations such as mechanical breakdown, severe weather, personnel shortage, or other adverse conditions and a detailed plan on how the proponent will ensure the provision of the same level of service during these conditions.

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APPENDIX E – LIST OF PROPERTIES

The following list is of the IWK Health Center’s Areas requiring winter maintenance as per the site drawings (Appendix F). Additional information on area specific requirements for each listed property area will be detailed further during the mandatory site meeting. This information is in addition to the Performance Standards Minimum Requirements specified in Appendix D. Unless otherwise indicated below, all areas of the property are to be cleared as per the priority level table in Appendix D, Section 3, item 1. In the event of a conflict between the below details and Appendix D, the more stringent will apply.

The IWK has one address where all properties described in the RFP are located. IWK Health Centre has various parking lots, entrances and walking paths located on University Ave, Robie Street and South Streets in Halifax, Nova Scotia, collectively referred to as the “Properties”. Further specification to service these areas listed below:

PROPERTY ADDRESS:


IWK Health Centre (See Drawing Appendix F)

The Emergency Department is located on the South Street side and the Ambulance Bay is there. This must be cleared of Snow and Ice as a first priority. If proponent’s truck and working staff see an ambulance arriving to the IWK, they must clear the path for the arrival of Ambulances.

The Supplier to check with Protection Services at 902-470-7070 each morning by 6am after a weather event to determine if further action must be taken.

IWK Health Centre (Heliport) (See Drawing Appendix F)

The Heliport has a walkway and landing pad on roof of Women’s Building. Entrance to the Helideck must be accompanied by an IWK Protection Services or IWK Engineers. The proponent’s staff will be trained at the IWK on the Heliport on procedures to maintain the Snow and Ice Removal. The IWK will supply the Ice Melting Chemicals required. Expected Date of the Heliport to become back on line for helicopters to land on the pad at the IWK is October 30.

The Heliport is fitted with a snow melt system that operates continuously during the winter season. At times of anticipated cold temperatures and heavy snowfall, the system may be shut off to prevent an ice build-up on the surface of the deck. The system will be returned to service once the weather improves. This is done in consultation with the Heliport Manager. During blizzards or other weather conditions that make working on the deck hazardous, the Heliport will be closed until conditions improve allowing the snow clearing to be completed safely.

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The successful proponent will perform clearing of snow and ice from the Heliport surface on a continuous basis when it is safe to do so. If there is a question regarding safety, the contractor will notify Protection Services who will consult with the Heliport Manager.

Snow removal will commence after the accumulation of snow. In case of a continued snowfall, the surface will be continuously cleaned as it accumulates. Snow is removed from the Heliport on a priority one basis with respect to the other surfaces at the IWK Health Centre site. The Security Officer will report any drifted snow when conducting the daily inspections. The successful proponent will immediately clear away such drifts. In the event the contractor is unable to keep up with the snow clearing requirements, the contractor will notify the Protection Services who will so advise the Heliport Manager who will issue a Notice to Airmen (NOTAM) if he deems it necessary. When snow removal has been completed, if the Heliport Manager has issued a NOTAM, they will cancel it and advise that the Heliport is open.

Urea, sodium format, and potassium acetate are the only snow melting products which can be used on the Heliport surface. Sand or salt MAY NOT BE USED on the Heliport surface for any reason. Urea will be available at the IWK for use during the winter months.

The successful proponent shall: Clear snow from the Heliport surface as required; • Ensure that snow does not accumulate above 2 inches. The landing pad markings and perimeter lights must

be visible from the air. If the Heliport landing pad cannot be cleared the proponent must immediately notify Protection Services; and

• Complete work in accordance with the NS Occupational Health and Safety Act and Regulations and the Heliport Operations Manual.

• The heliport has a painted surface that must be maintained in accordance with the Aerodrome standards. Caution must be exercised to prevent any removal of the markings due to chipping or scraping of the surface. Additionally, the navigation lights are sensitive to shock and caution is necessary to prevent any damage to the bulb or fixture.

• To an extent that is reasonably practical, snow or ice should not remain on the wire mesh surrounding the deck. Caution is necessary where ice or snow can fall to ground level.

• Snow removal staff must be accompanied by Protection Services or IWK Engineers when working at the Heliport and prior to any work contractor employees must complete an orientation provided by IWK.


IWK Health Centre Parkade / IWK Public Parkade (See Drawing Appendix F)

Called the “Goldbloom” Public Parking Garage at 5850 University Avenue top level to be plowed, salted & snow removed after each significant snowfall to prevent parking spot losses & risk of children climbing up and falling off of garage. Ensure the 2 main walking routes from University Avenue to Women’s Building / Goldbloom entrance through Newman Garden is cleared.


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IWK Children’s Hospital (See Drawing Appendix F)

IWK has a Receiving Bay for deliveries which opens at 8:00 AM and closes at 4:00 PM. It runs off the South Street Side of the IWK.


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APPENDIX F – SITE DRAWINGS

*REFER TO APENDIX E – LIST OF PRIORITIES AND APENDIX D – RFP PARTICULARS

*IWK SNOW AND ICE REMOVAL RFP: GENERAL LOCATION FOR REQUIRED

WINTER MAINTENANCE MARKED IN YELLOW

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APPENDIX F – SITE DRAWINGS

*REFER TO APENDIX E – LIST OF PRIORITIES AND APENDIX D – RFP PARTICULARS

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APPENDIX G – PROPONENT RESPONSE DOCUMENT

The Proponent Response Document should be submitted as part of your proposal. The spaces provided may require additional attachments. If so, include labeled copies of all additional documents with your bid package.

The Proponent Response Document is comprised of the following sections:

Vendor Data D.3.1 Qualifications and Experience D.3.2 Human Resources and Training D.3.3 Performance D.3.4 Equipment

AN ELECTRONIC COPY AND 1 ORIGINAL HARD COPY OF THIS DOCUMENT ARE REQUIRED WITH YOUR PROPOSAL. SEE SECTION 1.6.3 OF THE RFP DOCUMENT FOR COMPLETE PROPOSAL SUBMISSION INSTRUCTIONS.

Vendor Data

Company Name: The Company Name must be the same name as that reflected in your Business Registry Profile.

Example - “ABC Corporation Limited” Company Contact Name:

Example - “John Doe” Phone:

Example - “902-456-1223 x 123” E-mail:

Example - [email protected]


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D.3.1 Qualifications and Experience Each proponent should provide the following in its proposal:

(a) a brief description of the proponent, including company knowledge, skills and expertise related to winter

maintenance (snow removal and ice control); (Please provide written answer below)

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(b) a description of the services the proponent has previously delivered, with an emphasis on experience delivering snow removal and ice control services for similar types of facilities; (Please provide written answer below)

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(c) a description of how the proponent will provide the Deliverables, which should include a work plan and incorporate an organizational chart indicating how the proponent intends to structure its working relationship with the IWK; and (Please provide written answer below)

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(d) three (3) references from clients who have obtained services similar in size and scope to those requested in this RFP from the proponent in the last three (3) years. Evaluators will score on proponent’s performance of existing IWK contracts. (Please provide written answer below)

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D.3.2 Human Resources and Training Each proponent should provide the following in its proposal:

(a) a description of how the proponent handles/addresses requests for immediate action from a client. In

particular, the proponent should provide a description of how they will communicate with the IWK contact and describe the process that will be used to deploy staff and equipment; (Please provide written answer below)

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(b) identification of the proponent’s contract administrator, field supervisor(s) and lead hand(s) who will be assigned to this winter maintenance contract. Include for each person their job title, qualifications, experience and specific duties for this contract; and (Please provide written answer below)

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(c) details of staff training that will be administered to all staff who will be assigned to work on this winter maintenance contract. Include details on number of employees attending training sessions, course titles and descriptions of course content, certifications obtained from training where applicable, and frequency of training or a course schedule. (Please provide written answer below)

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D.3.3 Performance Each proponent should provide the following in its proposal:

(a) a description of the monitoring and evaluation process/program that will be used to verify that services

are in compliance with the contract and specifications listed in this RFP document. Include details on reporting progress of winter maintenance services to IWK and the weather monitoring program that will be used to predict deployment of resources for the winter maintenance; (Please provide written answer below)

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(b) a description of any innovations (processes, equipment, etc.) that the proponent will bring to this contract, including the ability to increase direct liquid application of bring where/when conditions permit; (Please provide written answer below)

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(c) a description of any processes, approaches, or controls that the proponent will use to optimize salt use and reduce salt related environmental impacts on the locations included in the contract; and (Please provide written answer below)

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(d) a copy of the proponent’s plan showing their commitment to environmental protection (e.g., environmental policy, health safety and the environment statement, chemical and/or hazardous material management plan) and information about any continuing environmental improvements and initiatives. (Please provide written answer below)

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D.3.4 Equipment Each proponent should provide the following in its proposal:

(a) a list of equipment (quantity, model number, description, etc.) that will be dedicated to this winter

maintenance contract; and (Please provide written answer below)

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(b) an explanation of the specific measures and/or plans the proponent has taken to guarantee the availability of equipment and personnel for the duration of the contract. Include details on how the proponent handles emergency situations such as mechanical breakdown, severe weather, personnel shortage, or other adverse conditions and a detailed plan on how the proponent will ensure the provision of the same level of service during these conditions. (Please provide written answer below)

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APPENDIX H – DAILY WINTER SNOW REMOVAL AND ICE CONTROL LOG SHEET

Daily Winter Snow Removal and Ice Control Log Sheet

Shift: Start Time: End Time:

Date:

Truck:

Company Name:

Staff Member Name:

Location Time In Time Out

Material Used Services Performed Pavement Conditions

Weather Observations Comments

No. Address Type Amount Lot City Walk Walks Steps Type Amount

Codes

Materials S = Salt B = Brine SD = Sand M = Melter L = Liquid

Services P = Plow SH = Shovel SB = Snow Blower N = None

Pavement Conditions C = Clear SC = Snow Covered (Depth I = Icy

Weather CL = Clear R= Rain FR = Freezing Rain SN = Snow DR = Drifting

Comments on Anything Unusual that Happened During Shift