RFP #1368 On Call Commercial Plumbing Services Request for Proposal No. 1368 On Call Commercial Plumbing Services Issue Date: September 14, 2012 Closing Location Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 Closing Date and Time Proposals must be received at the Purchasing Department prior to: 3:00 p.m. (15:00 hrs) Pacific Time, Wednesday, October 10, 2012 Inquiries and Clarifications are to be sent to Mark Demecha, Manager of Civic Facilities Email: mark.demecha@nanaimo.ca Prior to Thursday, October 4, 2012 end of business day, Pacific Time Mandatory Information Meeting A mandatory information meeting will be held on Friday, September 21, 2012 at 9:30 a.m., Pacific Time at Public Works, Meeting Room located at 2020 Labieux Road, Nanaimo, BC. Attendance is mandatory. Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal. 1
RFP #1368 On Call Commercial Plumbing Services Table of Contents 1.0 Introduction... 3-4 2.0 Instructions to Proponents... 4-10 3.0 Evaluation and Proposal Acceptance... 10-12 Appendix A: Contractor Reporting Fuel Consumption Worksheet Instructions... 1 Appendix B: Contractor Reporting Fuel Consumption Worksheet... 1 Appendix C: Form of Agreement... 1 12 Appendix D: Receipt Confirmation Form... 1 Appendix E: 1368 On Call Commercial Plumbing Services Response Form 2
RFP #1368 On Call Commercial Plumbing Services SECTION 1.0 INTRODUCTION 1.1 Overview of the Requirement The City of Nanaimo (the City ) invites Proposals from plumbing contractors to provide miscellaneous commercial plumbing repair services (the Services ) on an as and when requested basis, (24 hours, 7 days a week, 365 days per year) for small, non-planned, or emergency repair service. Work will be assigned as and when requested. The City reserves the unfettered right to competitively bid individual projects anticipated to exceed $10,000.00. Any resulting contract is not exclusive, meaning the successful Proponent does not have the exclusive right to provide the services to the City. The City reserves the right to assign portions of its requirements to other qualified Proposals either through a competition or select process, or conduct the work in-house. Proponents should be aware that any personnel working under any contract for the Police Operations Building from this Request for Proposal must obtain a criminal record check prior to begin any work for Police Operations Building. Proponents shall have: Technicians that are Confined Space Entry Certified and must adhere to the City of Nanaimo s confined space entry for safe work procedures; Staff who are trained and ticketed in Plumbing, A Gas, Cross Connection. Provide a list of all staff along with a copy of their certification document; Work within our Occupational Health & Safety guidelines. 1.2 Project Scope To supply all equipment, materials and labour necessary to provide commercial and residential plumbing repair services as required at various City sites. All maintenance and repair of plumbing systems and equipment are to meet all regulations and code, latest edition and must comply with applicable CSA Standards. While on site, the Proposal is expected to carry out minor maintenance repairs that are required. The limit of these repairs is to be $1,000.00. More extensive repairs are to be documented and discussed with the Facilities Manager and a written quote supplies. The term of the contract will be for a period of three (3) years with an option to extend, upon mutual agreement, for an additional two (1) one-year periods for potential duration of five (5) years. It is estimated that the City requires an average of 300 hours of plumbing repair services on an annual basis. These hours are an estimate only and are not guaranteed. 1.3 Detailed Requirements Work under this Contract may include, but not necessarily be limited to: a. Plumbing fixture repair or replacement including basins, toilets, faucets, hot water tanks and related equipment; b. Supply line repair and replacement; c. Troubleshooting and emergency repairs; d. Estimating, provide written quotes to Facility Managers; e. Drainage issues such as plugged drains in showers, floor drains, toilets and basins, and; f. Install, replace, or service sensors and solenoids for shower and basin controls; 3
RFP #1368 On Call Commercial Plumbing Services g. Service and retrofitting of commercial and industrial plumbing projects valued under $10,000.00. The above is not intended as an exhaustive list. The scope of work will be determined on an as requested basis. It is expected that the successful Proponent will be able to make good repairs to any plumbing requirement or system on an emergency basis. Any estimated hours stated herein are the City s best estimates of its requirements and are for the purpose of evaluating Proposals. Actual estimated hours may vary. The City reserves the right to increase or decrease the scope of the work and the quantities of hours indicated. 1.4 Fuel Consumption Data Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. Commencing on the Agreement start date, the City of Nanaimo will require the successful Proponent to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of services described in this contract on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided must be completed as outlined on the Contractor Reporting Fuel Consumption Worksheet Instructions attached as [Appendix A] and Contractor Reporting Fuel Consumption Worksheet [Appendix B]. SECTION 2.0 INSTRUCTIONS TO PROPONENTS 2.1 Definitions Throughout this Request for Proposal (RFP), the following definitions will be used: City means the City of Nanaimo. Contract means the written Agreement resulting from this Request for Proposal awarded to and executed by the City and the successful Proponent. Contractor means the successful Proponent to this Request for Proposal who enters into a Contract/Agreement with the City. must mandatory shall means a requirement that must be met in order for a Proposal to receive consideration. Preferred Proponent means the Proponent selected by the evaluation team to enter into negotiations for a Contract. Proponent means a party, a company or an individual that has obtained a copy of this Request for Proposal and submits, or intends to submit, a Proposal in response to this Request for Proposal. RFP means this Request for Proposal document. 4
RFP #1368 On Call Commercial Plumbing Services 2.2 Mandatory Information Meeting In order to provide an overview of the RFP process, clarify the Scope of Work and answer any questions Proponent s may have, there will be a mandatory information meeting held on: Date: Friday, September 21, 2012 Start Time: 9:30 a.m. Location: City of Nanaimo Public Works, Meeting Room, 2020 Labieux Road, Nanaimo, British Columbia Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal. Proponents must sign the sign-in sheet to confirm attendance. Questions posted by Proponents and answered at the Information Meeting may not be further documented or disseminated. Questions which are taken under advisement at the meeting will be documented and the response shall be distributed to the Proponents recorded as attending the meeting and posted on the City s website. 2.3 Closing Time and Delivery Instructions Proposals must be received by the Purchasing Department prior to 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, October 10, 2012 (the closing date & time). Proposals may be delivered by one (1) of the following methods: i. By hand/courier delivery to the only acceptable address and department: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be enclosed in a sealed envelope/package, clearly marked RFP 1368 On Call Commercial Plumbing Services and should include one (1) hard copy of the Proposal and one (1) electronic copy on CD/DVD or USB flash drive. Where there is a discrepancy, the hard copy submission shall take precedence over the electronic copy. ii. Electronically at the only acceptable email address: purchasinginfo@nanaimo.ca Please note: Maximum email file size limit is 8MB, or less. Proposals received by facsimile will not be considered. Proposals received after the closing date & time will not be considered. It is the Proponent s sole responsibility to ensure they allow themselves enough time to submit their Proposal to the Purchasing Department. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier. Electronically submitted Proposals shall be deemed to be successfully received when displayed as new email has been received by the Purchasing Department at the City of Nanaimo. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc. 5
RFP #1368 On Call Commercial Plumbing Services 2.4 Enquiries All inquiries related to this RFP should be directed, in writing, to the following person. Information obtained from any other person or source is not official and should not be relied upon. The City will attempt to provide a response to all questions received prior to the deadline for questions. Enquiries and responses will be recorded and may be distributed to all Proponents at the City s option. Mark Demecha, Manager of Civic Facilities Phone: 250.755.7529 Email: mark.demecha@nanaimo.ca Should a correction be necessary or should additional information become available during the Request for Proposal process, it will be distributed in the form of an addendum. Enquiries should be made prior to Thursday, October 4, 2012 end of business day, Pacific Time. The City reserves the right not to respond to inquiries made after this deadline. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. 2.5 Receipt Confirmation Form Appendix D Proponents are advised to fill out and return the attached Receipt Confirmation Form Appendix D. All subsequent information regarding this RFP, including changes made to this document, will be directed to Proponents who return this Receipt Confirmation Form. 2.6 Liability for Errors While the City has used considerable efforts to ensure information in this RFP is accurate, the information contained in this RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from the responsibility of conducting their own investigations and research and forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. Proponents will be solely responsible to ensure their Proposal meets all requirements of the Request for Proposal, to advise the City immediately of any apparent discrepancies or errors in the Request for Proposal, and to request clarification if in doubt concerning the meaning or intent of anything in the Request for Proposal. 2.7 Proponents Costs for Proposal Proponents are solely responsible for their own expenses in preparing a Proposal and subsequent negotiations with the City, if any. The City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 2.8 Addenda/Amendments If the City determines that an addenda/amendment is required to this RFP, the City s Purchasing Department will issue an addenda/amendment and such an addenda/amendment will be posted on the BC Bid website www.bcbid.gov.bc.ca, the 6
RFP #1368 On Call Commercial Plumbing Services City of Nanaimo s website at www.nanaimo.ca and distributed to all Proponents who have returned the Receipt Confirmation Form. Proponents are required to check the BC Bide and City s website(s) for any updated information and addenda/amendment issued up the closing date & time. Each addenda/amendment will be incorporated into and become part of the RFP document. No addenda/amendment of any kind to the RFP is effective unless it is contained in a written addenda/addendum issued by the City s Purchasing Department. 2.9 Business License The successful Proponent shall provide a valid City of Nanaimo Business License prior to Contract award. If the successful Proponent does not have a City of Nanaimo Business License, they will be required to obtain a Business License. No Contract will be awarded to any Supplier who cannot obtain a City of Nanaimo Business License. 2.10 Insurance Requirements The successful Proponent prior to Contract award shall provide evidence of insurance as stated in Appendix C Form of Agreement, Clause 7.0 Insurance. No Contract will be awarded to any Contractor who cannot meet the insurance requirements. 2.11 WorkSafe BC The successful Proponent shall provide a WorkSafe BC clearance letter to verify the Supplier is in good standing prior to Contract award. No Contract will be awarded to any Supplier who is not in good standing with WorkSafe BC. 2.12 Currency and Taxes Prices quoted are to be in Canadian dollars, exclusive of HST. 2.13 Proponent s Agreement with Contract Terms By submission of a Proposal, the Proponent agrees that should it be identified as the successful Proponent it is willing to enter into an agreement with the City of Nanaimo in accordance with the terms of the Contract shown as Appendix C. 2.14 Changes to RFP Document Proponent(s) must not alter any portion of this RFP document, with the exception of adding the information requested. To do so will invalidate the submission of its Proposal. 2.15 Changes to Proposal Wording The Proponent will not change the wording of its Proposal after the closing date and time of this RFP and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification. Amendments to a submission will be accepted if received in writing prior to the closing date and time. Proponents may not make modifications to their submission after date and time of closing. 2.16 Conflict of Interest By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen by the City to create a conflict. 7
RFP #1368 On Call Commercial Plumbing Services 2.17 No Claims The City of Nanaimo and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 2.18 Withdrawal of Proposals The Proponent may withdraw their Proposal at any time prior to the Proposal closing time by submitting a written withdrawal letter to the Purchasing Department via email: purchasinginfo@nanaimo.ca, attention: Silvia Reid, Buyer. 2.19 Laws, Permits, and Regulations a. Proponents are to comply with applicable laws. This Request for Proposal will be governed exclusively by and construed and enforced in accordance with the laws of the Province of British Columbia. The courts of the Province of British Columbia will have exclusive jurisdiction in the event of any dispute concerning this Request for Proposal or any matters arising out of this Request for Proposal. b. The successful proponent will be responsible with all applicable laws, bylaws, and other statutory regulations and obtaining all necessary permits, licenses and approvals, in order to provide the Services. 2.20 Exclusivity The resulting contract is not an exclusive contract to supply plumbing repair services to the City. Should the successful Proponent be unavailable to perform plumbing repair services at any point or within the time frame requested by the City during the period of the contract, the City may, at its sole discretion, contact another firm to perform the work or perform the work in-house. 2.21 Police Criminal Record Check The City requires that a police criminal records check is to be conducted on all individuals performing work under the contract for the Police Operations Building. Immediately following contract award, a full list of personnel that will be working on any work requested for the Police Operations Building is to be provided to the City. Each person must undergo a police criminal records check. Specific clearance for each individual must be obtained in writing prior to that person commencing work under the contract. The cost of such checks will be borne by the Proposal. 2.22 Contract Approval and Release of Information (i) All documents, including Proposals, submitted to the City of Nanaimo become the property of the City of Nanaimo subject to the provisions of the Freedom of Information and Protection Act. (ii) Contracts valued at $75,000 but not exceeding $250,000 require approval of the City of Nanaimo Assistant City Manager/GM, Corporate Services or Director of Finance. (iii) Contracts valued at $250,000 and over require approval of City of Nanaimo Council prior to award. (iv) Certain other Proposal information may be released in accordance with the provisions of the Freedom of Information and Protection of Privacy Act. Should the Proponent believe that portions of its Proposal should be held as confidential, these should be clearly identified. However, even information identified as 8
RFP #1368 On Call Commercial Plumbing Services confidential may be released in accordance with the Freedom of Information and Protection of Privacy Act or a court order. The City of Nanaimo reserves the right to release to the public the total bit price of any submission, regardless of whether it was identified as confidential. By submitting a bid or Proposal you consent to the release of the total bid price in order to provide transparency in relation to municipal expenditures of this type. 2.23 Rejection of Proposals This RFP shall not be construed as an agreement to purchase goods or services. The City is not bound to accept the lowest priced or any Proposal of those submitted. The City reserves the right to: a. Not accept any Proposal in response to this RFP; b. Accept a Proposal which is not the lowest priced even if the lowest priced Proposal conforms in all aspects with the RFP; c. To accept any Proposal in whole or in part; d. To reject Proposals which are incomplete, conditional or obscure or erasures or alterations of any kind; e. To reject any or all Proposals at any time prior to execution of an Agreement; f. To waive minor informalities, irregularities or other deficiencies in any Proposal; g. To accept a Proposal which does not conform strictly to the requirements of the Proposal documents; h. To assess the ability of the Proponent to perform the Contract and reject any Proposal where, in the City s sole estimation, the personnel and/or resources of the Proponent are insufficient. i. Award a Contract to the Proponent other than the one with the most points, if, in the City s sole determination, another Proposal is determined to be the Best Value to the City, taking into consideration the price and evaluation criteria of the RFP. 2.24 Right to Cancel the RFP Process The City reserves the right in its sole discretion to postpone or cancel this RFP process at any time and may in its discretion, elicit offers from other parties (whether or not such parties have responded to this RFP) or engage in another procurement process, including re-issuing a substantially similar RFP or negotiating with any party if: Only one Proposal is received; A suitable Proponent has not been selected; Approval is not granted by the City of Nanaimo Council or the Assistant City Manager/GM, Corporate Services or the Director of Finance as outlined in the City of Nanaimo Council Purchasing; or All Proposal(s) exceed the City s set budget. 2.25 Litigation Clause The City may, in its absolute discretion, reject a Proposal submitted by Proponents if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to: Any other Contract for works or Services; or Any matter arising from the City s exercise of its powers, duties or functions under the Local Government Act for another enactment 9
RFP #1368 On Call Commercial Plumbing Services Within five years of the date of this Request for Proposal. In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the affect the Proponent s ability to work with the City, its consultants and representatives and whether the City s experience with the Proponent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Proponent. 2.26 Minimum Rate of Pay Collective Agreement Between the City of Nanaimo and Canadian Union of Public Employees, Local 401 Article 31 Contract or Sub-Contracts Every contract made by the Employer for construction, remodeling, repair or demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition: Minimum rate of pay for work performed under this Contract or under sub-contract shall be as classified in the current Agreement between the City of Nanaimo and the Canadian Union of Public Employees, Local No. 401. 2.27 Opening of Proposals Proposals will not be opened in Public. SECTION 3.0 EVALUATION AND PROPOSAL ACCEPTANCE 3.1 Mandatory Requirements Proposals not clearly demonstrating that they meet the following Mandatory Requirements will be excluded from further consideration during the evaluation process. Item # Mandatory Requirement 1. Proposal(s) must be received prior to 3:00 p.m. (15:00 hr) Pacific Time on Wednesday, October 10, 2012 (the closing date and time ). 2. Proponents must attend the Mandatory Information Meeting scheduled at 9:30 a.m., Friday, September 21, 2012. Proponents must sign the attendance sheet to confirm attendance. 2. Proposal must be submitted in English. 3. Proposal must not be received by facsimile. 4. Appendix E On Call Commercial Plumbing Response Form must be submitted. 5. Appendix E On Call Commercial Plumbing Response Form must be submitted. Section D, Proponent s Signature must be signed by an authorized person in a position to legally bind the Supplier and Proponent to statements made in response to this Request for Proposal. 3.2 Desirable Criteria Evaluation of Proposals will be by a committee formed by the City. The Evaluation committee will check Proposals against the mandatory criteria. Proposals not meeting the mandatory criteria will be rejected without further consideration. Proposals that do meet the mandatory criteria will then be assessed and scored against the desirable criteria. Subject to approval of Contract award, the City s intent is to enter into a 10
RFP #1368 On Call Commercial Plumbing Services Contract award with the Proponent who has the highest overall ranking. Preference shall be given to Contractors located within the Regional District of Nanaimo where quality, service and price are equivalent. Desirable Criterion Maximum Points Proponent Capability, Experience and Qualifications 35 For this evaluation criterion the evaluation team will give particular reference to the Proponents response to Appendix E, Section A. Price 45 For this evaluation criterion the evaluation team will give particular reference to the Proponents response to Appendix E, Section B, excluding optional pricing. Value Added Services 10 For this evaluation criterion the evaluation team will give particular reference to the Proponents response to Appendix E, Section C. Optional Interview 10 References Pass/Fail The City will not enter into any Contract with a Proponent whose references are found to be unsatisfactory. 3.3 After an initial review and evaluation of all the Proposals the City may, at its option, conduct interviews with one or more highest ranking Proponent(s). This will provide the City an opportunity to meet the Proponent and ask questions regarding the contents of their Proposal and will score the interviews accordingly. Alternatively, if in its sole discretion the City determines there is a clear leading Proponent, the City retains the right to bypass the interview process and proceed directly to award. 3.4 At the appointed closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be selected, the successful Proponent will enter into a Contract with the City. Proposals shall be irrevocable and shall remain open for acceptance by the City for at least sixty (60) calendar days after the RFP closing date and time. The City may elect to extend the Proposal validity duration beyond sixty (60) calendar days with written notice to the Proponents. 3.5 If a written Contract cannot be negotiated within thirty days of notification of the successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents. 3.6 Notice in writing to a Proponent that it has been identified as a successful Proponent and the subsequent full execution of a written Contract will constitute a Contract for the goods or services, and no Proponent will acquire any legal or equitable rights or privileges relative to the goods or services until the occurrence of both such events. Further, the City will not be obligated in any manner to any Proponent until a written agreement has been duly executed relating to the accept Proposal. 11
RFP #1368 On Call Commercial Plumbing Services 3.7 The references of the Proponent with the highest scoring (Preferred Proponent) may be contacted. The City will not enter into a Contract with any Proponent whose references, in the City s sole opinion, are found to be unsatisfactory. 3.8 At the conclusion of the Request for Proposal process, all Proponents will be notified. Upon request, debriefing meetings with the City can be arranged up to thirty (30) days after notification by contacting the RFP contact person. 12
APPENDIX A: CONTRACTOR REPORTING FUEL CONSUMPTION WORKSHEET INSTRUCTIONS GENERAL INFORMATION This form contains the worksheet for the Supplier Reporting Fuel Consumption Worksheet, which applies to any Suppliers who have new or renewed contracts with the City of Nanaimo beginning on or after June 1 st, 2012. Suppliers can choose to report their fuel consumption according to the frequency that works best for them (e.g. by invoice, monthly, quarterly, or annually), although reporting on an invoiceby-invoice basis is recommended. At a minimum, fuel consumption must be reported annually. The due date for the fuel consumption worksheet(s) for the calendar year will be January 31 st of the following year. Please note that you will only need to report fuel consumption data for fuel used in the delivery of a service to the City. Why do I have to report my fuel consumption? The City of Nanaimo, along with 95% of other local BC governments, signed the BC Climate Action Charter in 2007. As part of the Charter requirements, the City must measure and report on the City s overall greenhouse gas (GHG) emissions each year, which was recently changed to include contracted emissions. Effective June 1 st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. The City of Nanaimo is required to request specific vehicle and fuel consumption data from Suppliers, which will facilitate the calculation of greenhouse gas emissions by applying standardized emission factors. If you would like further information with regard to BC s Climate Action Charter, and BC s commitment to becoming carbon-neutral, please visit the Ministry of Environment website at: http://www.env.gov.bc.ca/cas/mitigation/carbon_neutral.html 1
Appendix B: Contractor Reporting Fuel Consumption Worksheet Company Name: Address: Phone Number: Contact Person: Title: Contact Phone: Contract Description: Contract Number / Identifier: Reporting Period:* *(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy Fuel Consumption Categories: Type of Fuel Total Consumption Unit of Measure Light Duty Vehicle - Two door passenger cars r Gasoline - Four door passenger cars r Diesel - Station wagons r Propane r Natural Gas r Other Light Duty Truck - SUV's r Gasoline - Minivans r Diesel - Full size vans r Propane - Pickup trucks GVWR under 3856Kg (8,500 lbs) r Natural Gas and curb weight under 2722 Kg (6,000 lbs) r Other Heavy Duty Truck - Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) r Gasoline and curb weight over 2722 Kg (6,000 lbs) r Diesel r Propane r Natural Gas r Other Off Road Vehicles and Portable Equipment - Vehicles and equipment not licensed for road use r Gasoline - Snowmobiles r Diesel - ATV's r Propane - Lawnmowers and trimmers r Natural Gas - Tractors r Other - Construction equipment I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period. Signature Title Date (dd/mm/yyyy)
Appendix C: Form of Contract On Call Commercial Plumbing Services Request for Proposal No. 1368 THIS AGREEMENT dated for reference this day of, 2012 (the Effective Date ). BETWEEN: THE CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 (the City ) OF THE FIRST PART AND: COMPANY ADDRESS (the Contractor ) OF THE SECOND PART WHEREAS: The City wishes to commission the Contractor for the provision of services described herein, and desires to engage the Contractor to perform the said services; and The Contractor has agreed to perform the said services in accordance with the terms and conditions of this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the terms covenants and conditions herein contained, the parties hereto, herby covenant and agree as follows: 1
Appendix C: Form of Contract 1.0 Conduct of the Agreement 1.1 City s Contract Manager. For the purpose of this Agreement, the City designates as its Contract Manager. [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] Email: [ ] 1.2 Contractor s Contract Manager. For the purpose of this Agreement, the Contractor designates as its Contract Manager: [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] Email: [ ] 1.3 The Contract Manager will be the primary point of contact for each party in the administration of this Agreement. 1.4 Either party may change its Contract Manager by written notice to the other party. 2.0 Contractor s Services to the City 2.1 The Contractor shall provide and be fully responsible for the following services, (hereinafter called the Services ). Provision of plumbing repair services as outlined in Request for Proposal No. 1368 On Call Commercial Plumbing Services and this Agreement, the Contractor s proposal submission dated, 2012 and any subsequent written clarifications, addendum(s), City of Nanaimo business license, Certificate of Insurance and all attachment shall form part of this Agreement. In the event of conflict this Agreement shall prevail over the Contractors accepted proposal. 2.2 Services are to be provided during the period from contract award to October 31, 2015 with the option to renew, at the City of Nanaimo s discretion, for two (2) additional one (1) year periods, to a final end date no later than October 31, 2017. 2.3 The Contractor shall perform the Services: a. with that degree of care, skill and diligence normally applied in the performance of services of a similar nature and magnitude to those contemplated by this Agreement at the time and place the Services are rendered; b. in accordance with sound current professional practices; and c. if there is a design component to the Services, in conformance with the design standards and codes applicable at the time of design. 2.4 The Contractor shall furnish all personnel required to perform the Services to the required standard, and all such personnel shall be competent and qualified to perform the Services. Where specific personnel have been proposed by the Contractor for the 2
Appendix C: Form of Contract performance of the Services, and have been accepted by the City, such personnel shall not be replaced with other personnel without prior written consent of the City. 2.5 The Contractor may engage sub-contractors for the performance of certain specific tasks forming part of the Services, provided the Contractor: a. has obtained the prior express written consent from the City, which may be arbitrarily withheld; b. shall administer, coordinate, and manage all services of any sub-contractors, and shall pay all fees and disbursements of all sub-contractors; c. shall ensure that the services provided by an sub-contractor meet the requirements of this Agreement; and d. shall remain at all times responsible to the City for the quality of the work performed by the sub-contractor. 2.6 The Contractor shall commence the provision of the Services promptly and shall use commercial best efforts to carry out the Services in such a manner so as to fulfil the completion dates herein, or specified from time to time by the City. 3.0 Exclusivity 3.1 The resulting contract is not an exclusive contract to supply plumbing repair services to the City. Should the successful proponent be unavailable to perform plumbing repair services at any point or within the time frame requested by the City during the period of the contract, the City may, at its sole discretion, contact another firm to perform the work or perform the work in-house. 4.0 Basis of Payments to the Contractor 4.1 In consideration of the Services performed by the Contractor to the satisfaction of the City and in strict conformance with the terms hereof, the City will pay the Contractor the fees and reimbursable disbursements prescribe herein, plus the Harmonized Sales Tax. Hourly labour rates for services provided as described as follows: Journeyman; (regular hours) October 2012 to October 31, 2013: $ /hr. Monday Friday AM to PM. Hourly rate outside of regular hours - $ /hr. Statutory Holidays (Journeyman only) - $ /hr. Apprentice (regular hours only) - $ /hr Journeyman; (regular hours): November 1, 2013 to October 31, 2014 $ /hr. Monday Friday AM to PM. Hourly rate outside of regular hours - $ /hr. Statutory Holidays (Journeyman only) - $ /hr. Apprentice (regular hours only) - $ /hr Journeyman; (regular hours): November 1, 2014 to October 31, 2015 $ /hr. Monday Friday AM to PM. Hourly rate outside of regular hours - $ /hr. Statutory Holidays (Journeyman only) - $ /hr. Apprentice (regular hours only) - $ /hr 3
Appendix C: Form of Contract The City s commitment to the Contractor is limited to the volume of goods and services requested by the City and subsequently delivered by the Contractor to the City s satisfaction. No commitment is made to a specific volume of product or service. Where estimated usage has been provided, it is an estimate made in good faith only, but is not to be construed as a commitment to purchase. 4.2 All costs associated with the service are included above; for certainty, there is no allowance for any additional disbursements, fees or costs whatsoever. 4.3 The Contractor shall submit detailed invoices. Each invoice will show the purchase order number, the Agreement No. 1368, the Services provided, the percentage of the Services that are complete, mark-up where applicable, where applicable; product and warranty information, where applicable and the amount of the HST applicable. Invoices are to be submitted by one of the following methods: (i) By Mail to: The City of Nanaimo Accounts Payable Department 455 Wallace Street Nanaimo, BC V9R 5J6 Or (ii) By Email to: Finance.division@nanaimo.ca 4.4 If the City does not approve of or wishes to further review, audit or otherwise seek clarification concerning an invoice submitted by the Contractor, or for whatever reason, the City shall not be liable for any late penalty charges in respect of that invoice for the period from the date the invoice is submitted until the date that the invoice is paid. The City shall, if it approves the amount of such invoices, cause such invoices to be paid within a reasonable time period. 5.0 Changes to Scope of Services 5.1 The City may at any time vary the scope of work to be provided by the Contractor as part of the Services. 6.0 Release and Indemnification 6.1 The Contractor hereby releases the City, its officers, employees, agents and assigns from all costs, losses, damages and disbursements including, but not limited to, those caused by personal injury, death, property damage, loss and economic loss arising out of, suffered or experience by the Contractor, its officers, servants, agents and subcontractors in connection with their performance of the Services under this Agreement except to the extent such loss arises directly out of the negligence of the City. 6.2 The Contractor shall take all precautions reasonably necessary to ensure the safety of the Contractor s personnel and all persons employed, contracted or sub-contracted by the Contractor to perform the Services. 4
Appendix C: Form of Contract 6.3 The Contractor shall be responsible for all applicable WorkSafe BC assessments relating to any work under this Agreement. The Contractor must remain in good standing with WorkSafe BC and comply with all Workers Compensation Board legislation in the Province of British Columbia. 6.4 The Contractor hereby agrees to indemnify and save harmless the City of Nanaimo, including without limitation, its Council Members, agents, servants and employees from and against all suits, claims, demands, losses, damages, expenses and costs made against or incurred, suffered or sustained by the City of Nanaimo at any time or times (either before or after the expiration or sooner termination of this Contract) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Contractor or by any servant, employee, officers, director or subcontractor the Contractor pursuant to the Contract excepting always liability out of the independent acts of the City. 7.0 Insurance 7.1 The Contractor will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout this Agreement the following insurances in forms and amounts acceptable to the City from insurers licensed in the Province of British Columbia and in forms and amounts acceptable to the City: a. Comprehensive General Liability providing coverage for a minimum of $3,000,000 per occurrence, against liability for bodily injury or death and/or damage to property on an all-risk basis. The City of Nanaimo shall be listed as an Additional Insured under this Policy; b. Motor Vehicle Insurance for public liability providing for a minimum of $2,000,000, covering use or operation of all motor vehicles and trailers owned, leased, hired or controlled by the Contractor and used or operated in the performance of the contract. c. Contractor s Equipment Insurance in an all risks form covering construction machinery and equipment used in the performance of the Services. 7.2 If the Contractor hires a sub-contractor to perform any work related to the Services, the Contractor shall, in turn, cause such sub-contractor to obtain Commercial General Liability insurance on the same terms as outlined in 7.1 above. Such insurance shall name the City of Nanaimo as an additional insured and shall include coverage for all operations required for the Contractor s work under this Agreement, including, but not limited to, excavation, blasting, shoring, underpinning, and pile driving. 7.3 The forgoing insurance requirements shall not in any way reduce the Contractor s obligations to release and indemnify the City as outlined in Clause 6.0 Release and Indemnification. 7.4 If the insurance policy(ies) expire before the end of the term of this Contract, the Contractor must provide within ten (10) working days of expiration, evidence of new or renewal policy(ies) of all expired insurance in a form acceptable to the City. 7.5 The Contractor shall provide, maintain, and pay for, any additional insurance which it is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this section in its sole discretion. 5
Appendix C: Form of Contract 7.6 Copies of all insurance renewals shall be provided to the City on an annual basis as requested, for the duration of the Contract. 7.7 The Contractor shall place and maintain, or cause any of its sub-contractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct. 7.8 The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property. 8.0 Freedom of Information and Protection of Privacy Act 8.1 The City is subject to the Province of British Columbia s Freedom of Information and Protection of Privacy Act. All documents shall be received and held, to the extent reasonable, in confidence by the City and the information shall not be disclosed except to the degree necessary for carrying out the City s purposes or as required by law. 9.0 City Approvals 9.1 No reviews, approvals or inspections carried out or information supplied by the City, its officers, employees, agents and assigns shall derogate from duties and obligations of the Contractor and all responsibility related to the Services shall be and remain with the Contractor. 10.0 Deficiencies 10.1 The City shall have a reasonable time to inspect and to accept the Goods and Services. The City may reject any Goods and Services not in accordance with this Agreement, whether due to damage resulting from improper packing, loading, unloading or otherwise. The City shall notify the Contractor of rejection of the Goods and Services whereupon the Goods and Services will be held subject to the disposition by the Contractor. Any costs or expenses incurred by the City as a result of the rejection of the Goods and Services are, immediately upon written demand by the City, payable by the Contractor, and may be set off against any payments owing by the City to the Contractor. 11.0 Curing Defaults 11.1 If the Contractor is in default of any of its obligations under this Agreement, then the City may without terminating this Agreement, upon five (5) days written notice to the Contractor, remedy the default and set-off all costs and expenses of such remedy against any amounts owing to the Contractor. Nothing in this Agreement will be interpreted or construed to mean that the City has any duty or obligation to remedy any default of the Contractor. 12.0 Early Termination 12.1 The City reserves the right, at its sole discretion, to terminate the Contract, in whole or in part, if the Contractor receives three (3) written letters during the Contract term any one or more of the following reasons: Failure to deliver the promised Work at the required time and location; or Failure to provide Personnel that is satisfactory to the City; or 6
Appendix C: Form of Contract Failure to provide satisfactory Work; or Fails to meet the City s standard of expected and agreed level of Work and performance; or Unsafe acts while on City property that could pose a threat to the safety of the City Staff or Public: Safety infractions; or Unknown Personnel, sub-contractor or assignment of Work to others; or Default or arrears standing at WorkSafe BC; or Expired insurance (CGL or Auto); or Expired business license; or Any other reason considered appropriate, at the sole discretion of the City. 12.2 Without prejudice this Agreement may be cancelled by either party for any reason without cause or penalty upon sixty (60) calendar day s written notice. 12.3 Upon termination of the Agreement, the City will be under no further obligation to the Contractor, except to pay to the Contractor, such amount as the Contractor may be entitled to receive up to the date of termination. Such termination will not result in any penalty to the City, unless otherwise agreed to and as specified in this Contract. 13.0 Conflict of Interest 13.1 The Contractor agrees it shall not provide any services to any person in circumstances that, in the City s sole opinion, could give rise to a conflict of interest between the Contractor s duties to that person and the Contractor s duties to the City under this Agreement. 14.0 Ownership of Materials and Copyright 14.1 Any drawings, audio-visual materials, plans, models, designs, specifications, software, reports and other similar documents or products (the Material ) produced by the Contractor for the benefit of the City as a result of the provision of Services may be used by the City in any manner that the City deems necessary. Unless otherwise directed by the City, all Materials created electronically must be provided in an electronic format acceptable to the City. 14.2 The Contractor hereby transfers ownership in and to the Materials and assigns to the City any patent or copyright in the Materials. The Contractor agrees that title to the Materials is to be considered to have been transferred, and any copyright in the Materials is considered to have been assigned by the Contractor to the City upon its creation. The Contractor hereby irrevocably waives, in favour of the City, the Contractor s moral rights in respect to the Materials. The Contractor shall obtain in writing, from any source used, all required approvals, assignments, waivers, including waivers of moral rights, releases of interest and acknowledgements necessary to transfer ownership to and patent or copyright in the Materials to the City. 14.3 The Contractor hereby represents and warrants that any portion of the Materials produced by the Contractor shall not infringe any patent or copyright or any other industrial or intellectual property rights including trade secrets. 7
Appendix C: Form of Contract 15.0 Compliance With Laws 15.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Contractor accept the jurisdiction of the courts of British Columbia and agree that any action under this Agreement shall be brought in such courts. 15.2 The Contractor shall comply with all applicable federal, provincial, municipal and regulatory laws, statutes, regulations, or bylaws. The Contractor will, as a qualified and experienced Contractor, interpret applicable codes, laws and regulations applicable to the performance of the Services. If an authority having jurisdiction imposes an interpretation which the Contractor could not reasonably have verified or foreseen prior to entering into this Agreement, then the City will pay the additional costs, if any, of making alterations so as to conform to the required interpretation. 16.0 Permits 16.1 The Contractor is responsible for obtaining all permits, where applicable. The costs of permits are the sole responsibility of the Contractor. 17.0 Dispute Resolution 17.1 The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising out of this Contract or related to this Contract ( Dispute ) using the dispute resolution procedures set out in this section. a. Negotiation: The parties will make reasonable efforts to resolve any Disputes by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations. b. Mediation: If all or any portion of a Dispute cannot be resolved by good faith negotiations within (30) days, either party may by notice to the other party refer the matter to mediation. Within (7) days of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Nanaimo, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation. c. Litigation: If within (90) days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a negotiated resolution, then either party may without further notice commence litigation. 18.0 Joint and Several 18.1 If this Agreement is executed by more than one person, firm or corporation, it is understood and agreed that all persons, firms or corporations executing this Agreement are jointly and severally liable under and bound by this Agreement. 8
Appendix C: Form of Contract 19.0 Additional Provisions 19.1 The City reserves the unfettered right to competitively bid individual projects anticipated to exceed $10,000.00. The Contractor does not have the exclusive, meaning the Contractor does not have the exclusive right to provide the services to the City. The City reserves the right to assign portions of its requirements to other qualified contractors either through a competition or select process, or conduct the work in-house. 19.2 This Agreement is a contract for services; for clarity, none of the Contractor, its Authorized personnel, officers, directors, shareholders, partners, personnel, affiliates, agents are partners, appointees, employees or agents of the City. 19.3 The Contractor shall not in any way assign this Agreement or any right of the Contractor under this agreement unless first receiving written consent by the City, such consent to be at the sole discretion of the City. 19.4 This Agreement shall be binding upon the parties hereto and their successors and assigns. 19.5 Each of the parties shall at all times and from time to time and upon reasonable request do, execute and delivery further assurances, acts and documents for the purpose of evidencing and giving full force and effect to the covenants, agreements and provisions of this Agreement. 19.6 This Agreement constitutes the entire agreement between the parties in respect of the subject matter hereof and shall not be modified except by subsequent agreement in writing executed by both parties. This Agreement may be executed in several counterparts, including by facsimile, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. 20.0 City of Nanaimo Business License 20.1 The Contractor shall pay, obtain and maintain a valid City of Nanaimo business license throughout the duration of the Agreement. 21.0 Police Criminal Records Check 21.1 The City of Nanaimo requires that a police criminal records check be conducted on all individuals performing work under this Contract for the Police Operations Building. Immediately following contract award, a full list of personnel that will be working at Police Operations Building is to be provided to the City. Each person must then report to the policy agency in his or her home jurisdiction to undergo a police criminal record check. The resulting report will be provided directly to the applicant and the applicant must bring the report in person complete with current driver s license, passport, or BC Identification card, to the Purchasing Department. Specific clearance for each individual must be obtained in writing prior to that person commencing work under the Contract. The cost of such checks will be borne by the Contractor. 9
Appendix C: Form of Contract 22.0 WorkSafe BC 22.1 The Contractor and any approved sub-contractors must be registered in good standing with WorkSafe BC, in which case WorkSafe BC coverage must be maintained for the duration of the Contract. The Contractor agrees and shall: a. Provide at its own expense the necessary WorkSafe BC compensation coverage for all it employees and partners employed or engaged in the execution of the Service; b. Remain current with all assessment reporting and payments due there under and shall comply in every respect with the requirements of the Workers Compensation Act and Regulations; and c. Be solely responsible for to ensure that all sub-contractors have proper Work Safe BC coverage. 22.2 The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto. 23.0 Occupational Health and Safety Requirements 23.1 The Contractor shall strictly comply with the current Industrial Health and Safety Regulations of WorkSafe BC and the safety policies/procedures of the City of Nanaimo. Other applicable federal, provincial and local regulations and policies concerning the health and safety of workers and general public shall also be followed. 24.0 Prime Contractor 24.1 The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder should also understand the general duties of the Owner as defined in the Workers Compensation Act, Section 119 General Duties of Owner. The Bidder should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract. 25.0 Minimum Rate of Pay 25.1 Collective Agreement Between the City of Nanaimo and Canadian Union of Public Employees, Local 401 Article 31 Contract or Sub-Contracts Every contract made by the Employer for construction, remodeling, repair or demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition: Minimum rate of pay for work performed under this Contract or under sub-contract shall be as classified in the current Agreement between the City of Nanaimo and the Canadian Union of Public Employees, Local No. 401. 10
Appendix C: Form of Contract 25.2 In the event the City has concerns that a Contractor is in violation of Article 31, the following shall apply: a. The City shall immediately inform the Contractor of its concerns and require the Contractor to comply. b. The City shall follow up Contract and if violation still exists within thirty (30) days provide written request for compliance. c. If violation continues, the City shall provide second request within a further thirty (30) days and demand compliance or Contract forfeiture may occur. d. If violation continues, the City shall provide final request within a further thirty (30) days and may give two weeks notice for failure to comply with provision of Contract. e. The City may terminate the Contract and/or withhold funds and/or require the Contractor to submit appropriate monies to rectify the breach of Contract. f. If the City does not require forfeiture, such decision must be for bona fide operational or legal reasons. g. Notwithstanding the above, the City may proceed to (d) or (e) directly. 26.0 Fuel Consumption Data 26.1 Commencing on the Agreement start date, the City of Nanaimo will require the Contractor to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of services described in this Agreement on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided must be completed as outlined on the Contractor Fuel Consumption Worksheet Instructions Appendix A and Contractor Reporting Fuel Consumption Worksheet Appendix B. 26.2 Submit your completed fuel consumption worksheets to: [Name, Title] [Address] Telephone: Cell: Fax: Email: [ ] [ ] [ ] [ ] 27.0 Notices 27.1 Addresses for Notice. Any notice required or permitted to be given by one party to another pursuant to this Agreement must be in writing and will be validly given if delivered, electronically transmitted by email or mailed by pre-paid registered post to the parties as follows: TO THE CITY OF NANAIMO: [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] Email: [ ] 11
Appendix C: Form of Contract AND TO THE CONTRACTOR: [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] Email: [ ] Any notice given in accordance with this or any other provision of this Agreement is deemed to be received (a) if delivered by mail, by mailing to that party at their mailing address for notices and such delivery shall be effective when actually delivered or five (5) days following mailing, whichever is the earlier; (b) if delivered by electronic mail, by electronic transmission to that party s email address for notices (if any) and such delivery shall be effective on the first business day following receipt of the electronic transmission. In the case of electronic mail transmission of notices, the party sending the notice shall be solely responsible for ensuring the notice is properly received by the recipient. 28.0 Time of the Essence 28.1 Time will be of the essence of this Agreement IN WITNESS WHEREOF, the parties shall execute this Agreement with effect as of the date first set above. THE CITY OF NANAIMO (Signature of Authorized Signatory) (Print Name and Position of Authorized Signatory) CONTRACTOR I/We have the authority to bind the Contractor. (Signature of Authorized Signatory) (Print Name and Position of Authorized Signatory) 12
RFP #1368 On Call Commercial Plumbing Services APPENDIX D: RECEIPT CONFIRMATION FORM City of Nanaimo Request for Proposal No. 1368 On Call Commercial Plumbing Services Closing date and time: Prior to 3:00 P.M. (15:00hrs) Pacific Time, Wednesday, October 10, 2012 Proponents are advised to fill out and return this Receipt Confirmation form [Appendix D]. All subsequent information regarding this RFP, including changes made to this document, will be directed to Proponents who return this Receipt Confirmation Form. Attention: Silvia Reid, Buyer City of Nanaimo Purchasing Department 2020 Labieux Rd, Nanaimo, BC V2T6J9 Fax: 250.756.5327 Email: purchasinginfo@nanaimo.ca Please complete this form and return by fax / email (as applicable) to the contact person named above. COMPANY NAME: STREET ADDRESS: CITY/PROVINCE: POSTAL CODE: PHONE NUMBER: FAX NUMBER: CONTACT PERSON: EMAIL ADDRESS: SIGNATURE: 1