1974 RFP Pavement Condition Assessment 2017 RFP... · 2017-06-05 · PAVEMENT CONDITION ASSESSMENT REQUEST FOR PROPOSAL No. 1974 THE CITY OF NANAIMO Page 6 of 40 June 5, 2017 3.0

REQUEST FOR PROPOSAL No. 1974

PAVEMENT CONDITION ASSESSMENT

ISSUED: June 5, 2017

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:

June 19, 2017 at 3:00 PM (15:00 hrs) Pacific Time

Proposals will not be opened publicly



THE CITY OF NANAIMO Page 2 of 40

June 5, 2017

Table of Contents

Contents

1.0 Introduction ..................................................................................................................... 4

2.0 Definitions ....................................................................................................................... 5

3.0 Project Information .......................................................................................................... 6

3.1 Summary of Work ......................................................................................................................... 6

3.2 Testing Equipment ........................................................................................................................ 6

3.3 Methods and Procedures .............................................................................................................. 6

3.3.1 International Roughness Index (IRI) ...................................................................................... 7

3.3.2 Surface Distress ..................................................................................................................... 7

3.3.3 Falling Weight Deflectometer Testing (FWD) ....................................................................... 7

3.4 Changes to the Quantities of Work .............................................................................................. 8

3.5 Data Upload into Pavement Management System ...................................................................... 8

3.6 Deliverables ................................................................................................................................... 9

3.6.1 Data Submission .................................................................................................................... 9

3.6.2 Digital Images ........................................................................................................................ 9

3.7 Test Section ................................................................................................................................... 9

3.8 Signage and/or Flag Persons(s) ..................................................................................................... 9

3.9 Statement of Qualifications .......................................................................................................... 9

3.10 Work Schedule .............................................................................................................................. 9

4.0 Instructions to Proponents ............................................................................................... 9

4.1 Closing Date/Time/Location/Submission Formats ....................................................................... 9

4.2 Inquiries and Clarifications .......................................................................................................... 10

4.3 Amendment to Proposals ........................................................................................................... 10

4.4 Addenda / Addendum ................................................................................................................. 11

4.5 Examination of Locations ............................................................................................................ 11

4.6 Mandatory Proposal Requirements ............................................................................................ 11

4.7 Public Opening ............................................................................................................................ 11

5.0 General Terms and Conditions .......................................................................................12

5.1 Acceptance and Rejection of Proposals ...................................................................................... 12




June 5, 2017

5.2 The City Reserve Rights ............................................................................................................... 12

5.3 No Claim for Compensation ........................................................................................................ 13

5.4 Conflict of Interest ...................................................................................................................... 13

5.5 Gifts and Donations .................................................................................................................... 13

5.6 Solicitation of Council Members and City Staff .......................................................................... 13

5.7 Business Licence .......................................................................................................................... 13

5.8 Invoicing and Payment ................................................................................................................ 13

5.9 Confidentiality and Freedom of Information .............................................................................. 13

5.10 Insurance ..................................................................................................................................... 14

5.11 Safety / WorkSafe BC .................................................................................................................. 14

5.12 Contractor is “Prime Contractor”................................................................................................ 15

5.13 Sub-Contractors .......................................................................................................................... 15

5.14 Independent Contractor ............................................................................................................. 15

5.15 Governing Law ............................................................................................................................ 15

5.16 Litigation Clause .......................................................................................................................... 15

5.17 Contractor Fuel Reporting Consumption .................................................................................... 16

5.18 Evaluation of Proposals ............................................................................................................... 16

Bid Form - Mandatory Submission Requirements .....................................................................17

Proponent’s Information Form ...................................................................................................18

Schedule A - Pricing Form ........................................................................................................19

Schedule B - Prime Contractor Agreement ...............................................................................20

Appendix A – Mandatory Form ..................................................................................................24

Appendix B - Contractor Fuel Reporting Consumption Worksheet ............................................27

Appendix C - Prime Contractor General Information Form ........................................................28

Appendix D - Prime Contractor Preconstruction Meeting Form .................................................31

Appendix E - Sample Form of Agreement .................................................................................34




June 5, 2017

1.0 Introduction

The City of Nanaimo (the City) wishes to retain a qualified professional engineering firm to provide

services for the collection, conversion and entry of roughness and surface distress data for

approximately five hundred (500) kilometres of asphalt pavement. In addition to the roughness and

surface distress, Falling Weight Deflectometer (FWD) tests are to be conducted on up to five hundred

(500) kilometres of roadways.

The intent of the survey is to provide up to date Pavement Quality Index (PQI) scores for each section of

roadway in the City. The PQI Score is a combination of the roughness, surface distress and structural

adequacy scores. PQI scores range from 0 to 100, where a road with a score of 100 has no distress of

any kind.

Data collected during the pavement condition survey is to be uploaded into the City’s existing

RoadMatrix Pavement Management software from Stantec Consulting.




June 5, 2017

2.0 Definitions

The following definitions apply to the interpretation of the RFP Document(s);

a) “ADDENDUM/ADDENDA” means a change, or addition, or correction significant enough to be

formally made to this RFP. Addendums are posted on the City’s and BC Bid’s websites.

b) “AGREEMENT” means a legal document and any attachments that bind the City and all other

parties subject to the provisions of the document(s).

c) “BUSINESS DAY” means any day from Monday to Friday inclusive, excluding statutory or civic

holidays observed in British Columbia.

d) “CITY” means the City of Nanaimo.

e) “CLOSING DATE AND TIME” means the deadline for the submission of Proposals as set out

herein.

f) “CONTRACTOR” means the successful Proponent(s) to this RFP who enters into an Agreement

with the City for the goods and services requested in this RFP.

g) “MANDATORY REQUIREMENTS” means those requirements described herein, which shall be

fully satisfied in order for any Proposal to be considered by the City as a qualified Proposal.

h) “MAY” used in this document denotes permissive.

i) “PROPONENT” means the Person, Company or Corporation providing a response to this RFP.

j) “REQUEST FOR PROPOSAL” (RFP) means the document issued by the City used to solicit

submissions to provide goods, services or construction for the City.

k) “SHALL” and “WILL” used in this document denotes imperative.

l) “SUB-CONTRACTOR” means a legal entity approved by the City that may undertake the

execution of a part of the Work pursuant to an Agreement with the Proponent, and may include

both “brokers” and “sub-contractors”.

m) “SUBMISSION or PROPOSAL” means the information submitted by a Proponent in response to

this RFP.

n) “SUCCESSFUL PROPONENT(S)” means a Proponent(s) who the City may award the agreement to

as a result of the RFP document(s).

o) “WORK” means the total goods and or services required by the RFP.




June 5, 2017

3.0 Project Overview

3.1 Summary of Work

The City is requesting a road inventory and pavement condition survey of all asphalt pavement

roadways in Nanaimo. The City maintains a road network of approximately five hundred (500)

kilometres of pavement.

At a minimum the Successful Proponent must record, define and upload the following 2017 survey

pavement data for up to 500km of asphalt pavement:

i. Pavement Roughness, Roughness Condition Index (RCI) in accordance with ASTM E1926

ii. Surface Distress Index (SDI) in accordance with ASTM D6433

iii. Pavement strength or Structural Adequacy Index (SAI) using a Falling Weight Deflectometer

(FWD) in accordance with ASTM D4694 and ASTM D4695 (FWD testing may or may not be

tested on all segments due to budget constraints and City requirements)

iv. Overall Pavement Quality Index (PQI)

The Proponent is to indicate if testing procedures other than those listed are to be used; alternate

testing procedures may be approved at the City’s sole discretion.

Collection of the following is optional depending on budget and City requirements:

i. Digital Image Collection with GPS Geo-referencing

ii. A report on the Present State of the Roads in the City network

3.2 Testing Equipment

The Proponent’s survey vehicle must be equipped with GPS (ability to measure linear distance

travelled).

The Survey Vehicle must comply with all Federal, Provincial Highway, and local transportation

regulations. A description of the proposed equipment, data collection technology, standard collection

protocols, and data quality management for all data collection must be included in the Mandatory

Response Form (Appendix A).

3.3 Methods and Procedures

The City has separated each section of roadway into segments. Each segment has unique segment

identification (SegID). Data collected must be referenced to each specific roadway segment. The City

will provide GIS locations and segID’s to the Successful Proponent upon award. As well, the Successful

Proponent shall identify and enter new segments into RoadMatrix when applicable.

Roughness and Surface Distress data is to be gathered at thirty (30) metre intervals. FWD testing is to

be done every one hundred (100) metres, with a minimum of three (3) FWD tests per segment. One

score per segment for each of the following parameters shall be provided and recorded to one decimal

place: RCI, SDI, SAI and PQI.




June 5, 2017

On two lane roadways, data is to be recorded in each direction with the average score reported for the

segment. On multi-lane roadways, ratings should be done on the outside lanes and the average score

reported for the segment.

Linear distance measurements must be collected for each unique segment using a vehicle based

measuring instrument.

3.3.1 International Roughness Index (IRI)

Collection of two (2) longitudinal roughness measurements are to be taken in each wheel path using

industry accepted equipment. Data is to be further computed into a Riding Comfort Index (RCI) capable

of being uploaded into the RoadMatrix system.

3.3.2 Surface Distress

A pavement Distress survey is to be done in accordance with ASTM Standard Test D6433; Standard

Practice for Roads and Parking Lots Pavement Condition Index Survey. The following distress types are

to be collected for the City:

i. Patching

ii. Curbs

iii. Drainage

iv. Shoving

v. Ravelling

vi. Bleeding

vii. Distortion

viii. Excessive crown

ix. Progressive Edge Cracking

x. Alligator Cracks

xi. Potholes

xii. Map Cracks

xiii. Longitudinal Cracks

xiv. Transverse Cracks

xv. Wheel Track Rutting

Additional distress types may be added in consultation with the City during the project.

The Successful Proponent is to clearly indicate how Surface Distress Data will be collected.

3.3.3 Falling Weight Deflectometer Testing (FWD)

The existing structural capacity of the roadways is to be assessed by way of deflection testing using a

FWD. Deflection testing is to be done in accordance with ASTM Test Standard D4694 and ASTM Test

Standard D4695. FWD tests to be gathered every one hundred (100) metres, with a minimum of three




June 5, 2017

(3) tests per segment. Deflection testing for each roadway is to be measured in the right wheel path for

the lane being tested.

For FWD testing, deflection on major roadways will be completed in both directions, in all travel lanes.

For local roadways, deflection is to be measured for each segment in one direction only (if added to the

scope of work).

Proponents are requested to provide separate quotes for FWD testing on approximately 162km of major

roadways and approximately 333km of minor roadways. The City will determine required amount of

FWD testing based on unit prices in this RFP, Schedule A.

3.4 Changes to the Quantities of Work

The City, without invalidating this Contract, reserves the right, to make changes by altering, adding or

deducting from the Work during the term of the Contract. The Successful Proponent shall proceed with

the Work as changed, and the Work shall be executed under the provisions of the Contract. No changes

shall be undertaken by the Successful Proponent, without written authorization from the City’s

Designate.

The value of the addition or reduction from the Contract amount, and the method of determining such

value, shall be by the prices submitted in Schedule A.

The Proponent is encouraged to inspect the sections of roadway prior to submitting a Bid. The City does

not guarantee that the estimated quantities will be met throughout the term of the Contract. Actual

quantities may be more or less.

3.5 Data Upload into Pavement Management System

The Data collected during the pavement condition survey is to be uploaded into the City’s existing

RoadMatrix Pavement Management software from Stantec Consulting. Data integration and

compatibility with the RoadMatrix pavement management system is required.

Any segments or data found to be erroneous via field data must be updated in the pavement

management system. Discovery of new segments in the road network must be noted and added to the

City’s database.

Consultation with Stantec may be necessary to ensure accurate upload of the data collected. The

Successful Proponent must clearly indicate in the Mandatory Response Form (Appendix A) how data is

to be uploaded and how collaboration will be carried out.

Pricing must include the cost to upload into RoadMatrix. The data upload must be performed by a

trained and competent data technician. It is expected that any Proponent submitting a Bid will be

completely familiar with the data configuration requirements of uploading pavement data into the City’s

RoadMatrix program.




June 5, 2017

3.6 Deliverables

3.6.1 Data Submission

The data submitted by the Successful Proponent must be in the appropriate format for upload into the

City’s RoadMatrix pavement management system. The data must reference the unique SegID for each

roadway segment. The collected data must be uploaded to each of the City’s RoadMatrix applications.

In addition, the surface distress data is to be submitted in excel format. Required formatting and layout

will be provided to the Successful Proponent upon Award. A summary report shall be submitted to the

City once the Pavement Condition Assessment has been completed (if applicable).

3.6.2 Digital Images

If applicable, digital images collected shall be stored and provided on an external USB hard drive.

Images are to be referenced geographically using GPS.

3.7 Test Section

Prior to collection of survey data, the Successful Proponent and the City will identify test sections to be

used for equipment calibration.

3.8 Signage and/or Flag Persons(s)

All Work must be done with appropriate signs in place, and may require certified Traffic Control

personnel. Municipal and Provincial regulations and traffic control requirements must be followed. All

costs incurred for signage and traffic control personnel are to be borne by the Successful Proponent and

must be included in Proposal pricing.

3.9 Statement of Qualifications

Proponents are to clearly state their qualifications in the Mandatory Response Form in Appendix A.

3.10 Work Schedule

For the purpose of this Contract, all data is required to be processed and uploaded to each of the City’s

RoadMatrix software applications in an acceptable format no later than October 31, 2017. If required, a

revised mutually agreed upon schedule will be developed during the project set up meeting.

All work must be done during regular working hours unless authorized in writing by the City’s Roads

Management Specialist or authorized designate. Regular working hours are defined as being during the

period of 7:00am and 7:00pm, Monday to Friday, except statutory holidays.

4.0 Instructions to Proponents

4.1 Closing Date/Time/Location/Submission Formats

Submissions must be received by the Purchasing Department on June 19, 2017 no later than 3:00 pm

(1500 hrs) Pacific Time, the Closing Date and Time by one (1) of the following two (2) methods:

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




June 5, 2017

Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be

enclosed in a sealed envelope clearly marked “RFP No. 1974 Pavement Condition

Assessment” attention: Debbie Bezenar, Buyer and should include one (1) electronic

version of the document on a memory stick. The City shall not be liable for any discrepancy

between the hard copy submission and the electronic version.

OR

ii. Electronically submitted quoting “RFP No. 1974 Pavement Condition Assessment”

attention: Debbie Bezenar, Buyer to the only acceptable email address:

[email protected] Please note: Maximum email file size is 8MB.

Late Proposals or Proposals received by facsimile will not be considered. Also Proposals delivered to an

incorrect location will not be considered.

It is the Proponent’s sole responsibility to ensure their Proposal is received when, where and how it is

specified in this RFP document. The City is not responsible for lost, misplaced or incorrectly delivered

Proposals.

The wall clock in the Purchasing Department Office is the official time piece for the receipt of all

Proposals delivered by hand/courier.

The Proponent should be aware that the Closing Date and Time is a strict requirement and e-mail

transmissions are not always instantaneous. The City is not responsible for lost, misplaced Submissions

or Submissions delivered incorrectly by hand/courier or for failure to receive or the inability to read any

submission for any reason including technical issues, data corruption, spam filters, firewalls, job queue,

file size limitations or failure for any other reason.

4.2 Inquiries and Clarifications

All inquiries regarding this RFP are to be directed in writing or by email to the following person(s):

Debbie Bezenar, Buyer

[email protected]

Information obtained from any other source is not official and should not be relied upon. No verbal

communication will affect or modify the terms of this RFP.

All inquiries must be received no later than five (5) business days before the established Closing Date.

Questions received after this date will be answered at the discretion of the City and responses cannot be

guaranteed.

4.3 Amendment to Proposals

Proponents may amend their Proposals after the submission of their Proposals provided each revision is

submitted and is received at the Closing Location before Closing Date and Time.




June 5, 2017

Revisions must be signed by an authorized signatory of the Proponent.

Revisions received after the Closing Date and Time will not be considered or accepted.

4.4 Addenda / Addendum

If the City determines that an Addendum is necessary, the City’s Purchasing and Stores Department will

post an Addenda/Addendum on the City’s website and on BC Bid’s website, and shall become part in

parcel part of the RFP Document(s). Upon submitting a Proposal, Proponents are required to

acknowledge each Addenda/Addendum on the Proponent’s Information Form.

It is the responsibility of the Proponent to ensure that it has received any Addenda/Addendum issued

prior to the Proposal Closing Date and Time.

4.5 Examination of Locations

It is the sole responsibility of the Proponent to examine the locations prior to submission of a Proposal.

The City will not incur any costs due to the examination of the locations.

4.6 Mandatory Proposal Requirements

A check list of the Mandatory Requirements to be submitted with the Proposal and a list of items to be

provided after award can be found on page 17 of this document.

PROPOSALS THAT ARE NOT COMPLIANT WITH THE MANDATORY REQUIREMENTS WILL BE REJECTED.

4.7 Public Opening

There will not be a public opening for this RFP.




June 5, 2017

5.0 General Terms and Conditions

5.1 Acceptance and Rejection of Proposals

This RFP does not commit the City, in any way to select the preferred Proponent or accept any Proposal

and reserves the right in its sole discretion to postpone or cancel this RFP at any time for any reason

whatsoever in accordance with the City’s judgement of its best interest and to proceed with the Services

in some other manner separate from this RFP process.

Proponents are advised that the lowest or any Proposal may not necessarily be accepted and the City

reserves the right to reject or accept any or all Proposals in whole or in part at any time without further

explanation.

Proponents are cautioned to carefully read and follow the instructions stated herein as the City reserves

the right to disqualify any Proposal that fails to meet any of the requirements of this RFP.

If any Proposal contains a deficiency or fails in some way to comply with any requirement of the RFP,

which in the opinion of the City is not material, the City may waive the defect and accept the Proposal.

The determination of whether or not to disqualify or otherwise remove any Proposal from the

evaluation process will be made in the sole discretion of the City.

The City reserves the right, at its sole discretion, to enter into negotiations with the lead Proponent or

with any other Proponents concurrently without becoming obligated to offer the same opportunity to

any other Proponent(s). Negotiations may include, but not be limited to, fee/price adjustments, minor

changes to the scope of work/requirements/Agreement details and payment details. It is not the intent

of the City to allow for new or significantly altered Proposals in any negotiations.

5.2 The City Reserve Rights

The City reserves the right to:

a) Waive any irregularity or insufficiency in any Proposal

b) Accept the Proposal which is deemed most favourable to the interest of the City;

c) Accept any Proposal in whole or in part;

d) Seek Proposal clarification with the Proponents to assist in making evaluations:

e) Negotiate with the selected Proponent;

f) Approve substitutions for the Goods or personnel for the Work;

g) Use any and all ideas presented in any Proposal whether amended or not, and selection

or rejection of the proposal does not affect this right;

h) Request re-submission of any or all Proposals;

i) Reject any or all proposals;

j) Require complete, certified copies of all required insurance policies at any time and to

accept or reject the Proponent’s insurer;

k) Contact references other than, and/or in addition to, those furnished by the Proponent;

l) Modify the terms of the RFP at any time in its sole discretion;

m) Internally publish the names of Proponents and any summary cost information deemed

appropriate by the City.

n) To request clarification from one or more that on Proponent with regard to pricing that is

obviously unbalanced.




June 5, 2017

5.3 No Claim for Compensation

All costs and expenses with respect to the preparation and submission of a Proposal pursuant to this

RFP, if any, shall be the sole responsibility of the Proponent and the City assumes no liability whatsoever

for any Proponent costs and expenses.

5.4 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.

5.5 Gifts and Donations

The Successful Proponent will ensure that no representative of the Successful Proponent will offer or

extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any

employee of the City. The Successful Proponent will report any attempt by any employee of The City to

obtain such favours to the City’s designate.

5.6 Solicitation of Council Members and City Staff

Proponents and their agents will not contact any member of the City Council or City Staff with respect to

this RFP, other than the City Representative named in this document or authorized by Purchasing, at any

time.

5.7 Business Licence

The Contractor shall obtain and maintain a City of Nanaimo Business License or an Inter-Municipal

business license from the municipality in which its business is located for the duration of the Contract.

Failure to verify possession of a valid Business License is cause for Contract cancellation.

5.8 Invoicing and Payment

All invoices should include the minimum information:

• City’s Purchase order Number and Contract Number

• Unit Rates and Extended Totals

• All applicable taxes are shown as a separate line item

The City shall pay the Contractor within thirty (30) days following either the receipt by the City of the

Contractor’s invoice or satisfactory completion of the invoiced services, whichever is later.

5.9 Confidentiality and Freedom of Information

All Proposals, including attachments and any documentation, submitted to and accepted by the City in

response to this RFP become the property of the City and are subject to the Freedom of Information and

Protection of Privacy Act. Proponents shall clearly identify any specific information and/or records that

it provides in its Proposal submission that constitute a trade secret, is supplied in confidence; and, the

release of which could significantly harm its competitive position. Proponents agree to hold the City




June 5, 2017

harmless against any claims and any damages for release of any information and/or records by the City

in response to a FIPPA access request.

5.10 Insurance

The Proponent must, without limiting the Proponent’s obligations or liabilities and at the Proponent’s

own expense, purchase and maintain throughout the Contract term the following insurances with

insurers licensed in Canada in forms and amounts acceptable to the

City of Nanaimo, and shall also require such insurance to be purchased and maintained by all sub-

contractors engaged in connection with the Contract.

a) Comprehensive General Liability Insurance in an amount not less than $2,000,000 with a

provision naming the City as an additional insured and a Cross Liability clause.

b) Motor Vehicle Insurance, including Bodily Injury and Property Damage in an amount no less

than $2,000,000 per accident with the Insurance Corporation of British Columbia on any

licensed motor vehicles of any kind to be used to carry out the Work.

c) A provision requiring the Insurer to give the City a minimum of fifteen (15) day’s notice of

cancellation or lapsing or any material change in the insurance policy.

The Proponent must provide to the City, prior to the commencement of the Services, a certificate of

insurance or other evidence which satisfied the City that the required insurance has been acquired and

is in force.

The Proponent is responsible for any deductible amounts under the policies. The cost of all insurance

required by this Contract shall be included in the Proponent’s fees.

5.11 Safety / WorkSafe BC

The Contractor and any approved sub-contractors must be registered in good standing with WorkSafe

BC, in which case WorkSafe BC coverage must be maintained for the duration of the Contract. The

Contractor agrees and shall:

i. Provide at its own expense the necessary WorkSafe BC compensation coverage for all it

employees and partners employed or engaged in the execution of the Work;

ii. 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

iii. Be solely responsible for ensuring all sub-contractors have proper Work Safe BC coverage.

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.

The Contractor understands and undertakes to comply with all the Workers' Compensation Board

Occupational Health and Safety Regulations for hazardous materials and substances, and in particular

with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Material

Safety Data Sheets (SDS)" will be shipped along with the Goods and any future SDS updates will be

forwarded.




June 5, 2017

5.12 Contractor is “Prime Contractor”

The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per

WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple

Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer

Workplaces subsections (1) and (2). The Proponent should also understand the general duties of the

Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The

Proponent should have the necessary qualification and be willing to accept the responsibilities as Prime

Contractor for this Contract.

Prime Contractor information is included in:

� (Appendix C) Prime Contractor General Information Form; and

� (Appendix D) Prime Contractor Preconstruction Meeting Form.

5.13 Sub-Contractors

Where there is a requirement for sub-contractors to fulfill the Work of this Contract:

i. The Contractor will bind all approved sub-contractors to the terms of the Contract, as

applicable to the sub-contractors Work.

ii. The Contractor will preserve and protect the rights of the City with respect to any Work

performed under sub-contract and incorporate the terms and conditions of this Contract into

all sub-contracts as necessary to preserve the rights of the City under this Contract.

iii. The Contractor shall require each of its sub-contractors to provide comparable insurance to

that set forth herein

iv. The sub-contractor must comply with all conditions and safety regulations of WorkSafe BC

and must be in good standing and must maintain this standing throughout the term of the

Contract.

v. All sub-contractor(s) are the responsibility of the Contractor.

vi. The Contractor will be as fully responsible to the City for acts and omissions of sub-

contractors and of persons directly or indirectly employed by them as for acts and omissions

of persons directly employed by the Contractor.

5.14 Independent Contractor

The Contractor, its sub-contractors, the officers, directors, shareholders, partners, personnel, affiliates

and agents of the Contractor and sub-contractors are not, nor are they to be deemed to be partners,

appointees, employees or agents of the City.

5.15 Governing Law

This agreement shall be governed by the laws of the Province of British Columbia

5.16 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:




June 5, 2017

(a) Any other Contract for works or Services; or

(b) Any matter arising from the City’s exercise of its powers, duties or functions under the Local

Government Act for another enactment within five years of the date of this Request for

Proposal.

In determining whether to reject a Proposal under this clause, the City will consider whether the

litigation is likely to affect the 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.

5.17 Contractor Fuel Reporting Consumption

Commencing on the Contract start date, the Contractor will be required to communicate the quantity of

fuel used to operate vehicles, equipment and machinery as part of the delivery of Services. Data should

be completed as outlined on the Contractor Fuel Reporting Consumption Worksheet (Appendix B).

5.18 Evaluation of Proposals

Evaluation Criteria and Weighting

Eligible Proposals will be evaluated for criteria in accordance with the following:

Item Evaluation Criteria Weight

1. Company Experience and Capability 25

2. Experience of Personnel – Project Team 25

3. Schedule of Work 15

4. Vehicles and Equipment 10

5. Financial Proposal - Per Line Item 25

Total Weighting 100




June 5, 2017

Bid Form - Mandatory Submission Requirements

THE CITY OF NANAIMO

PURCHACING LOCATION: 2020 LABIEUX ROAD

PROPOSAL No. 1974

Pavement Condition Assessment

DOCUMENTS TO BE ENCLOSED WITH THIS BID FORM

� Bid Form – Mandatory Submission Requirements

� Proponents Information Form

� Schedule A – Pricing Form

� Appendix A - Mandatory Response Form

DOCUMENTS TO BE PROVIDED UPON AWARD

� City Business License

� WorkSafeBC

� Insurance as described here in

� Prime Contractor Agreement




June 5, 2017

Proponent’s Information Form

Proponents must complete this form and include with the Proposal Submission

Please ensure all information is in ink and legible.

Company Name

Proponent’s Main Contact Individual

Address (include postal code)

Office Phone #

Toll Free #

Cellular #

Fax #

e-mail address

Website

PST Account # (if applicable)

GST Account # (if applicable)

Acknowledgement to receipt of Addenda

Addendum No. Date Received

� Check here if NO Addenda received.

PROPONENT SIGNATURE DATE




June 5, 2017

Schedule A - Pricing Form

The City does not guarantee the quantities estimated or will be met throughout the term of the

Contract. Actual quantities may be more or less.

All prices are in Canadian Dollars, exclusive of PST and GST. The taxes, if applicable are shown as

separate line items below.

All unit pricing shall be inclusive of all equipment, materials, labour, traffic control, signage, travel

expenses, assessments for Workers’ Compensation, Unemployment Insurance, Canadian Pension Plan

or any similar statue, costs of sub-contracts, insurance premiums, royalties, permits and licences,

overhead, profit and all other expenditures in connections with the Work.

Please provide a unit price for the following items:

Description of Work Unit Price - per lineal meter Extended Price

Roughness & Distress Data

Collection for 500 km of road $ $

FWD Data Collection Major

Roads for approximately 162km

of major roadway

$ $

FWD Data Collection Minor

Roads for approximately 333km

of minor roadway

$ $

Data Upload into RoadMatrix $ $

Digital Images/Video $ $

Summary Report $ $

Subtotal $

PST $

Subtotal $

GST $

Total $

Ensure that the GST amount is calculated on the first subtotal only and not on the subtotal with PST.

NOTE: The City may or may not award all of the Work due to budget constraints.

PROPONENT SIGNATURE DATE

Schedule B - Prime Contractor Agreement

PRIME CONTRACTOR

AGREEMENT

Date: Meeting Location:

Firm Name: CITY OF NANAIMO Contract #:

Prime Contractor:

Prime Contractor’s Superintendent:

City’s Contract Representative:

AGREEMENT

The Prime Contractor:

Acknowledges appointment as Prime Contractor defined by WorkSafeBC OH&S Regulations

Sections 20.2 and 20.3, and in the Workers’ Compensation Act, Sections 118 Clauses 1 and 2.

Understands the Owners duties as defined in the Workers’ Compensation Act, Section 119.

Understands for any discrepancy establishing health and safety protocol, WorkSafeBC OH&S

Regulation and/or the Workers’ Compensation Act (Part 3) shall prevail.

Acknowledges being informed of any known workplace hazards by the owner or owner’s

delegate, by signing attached “Existing Known Hazard Assessment” form.

Shall communicate known hazards to any persons who may be affected and ensure

appropriate measures are taken to effectively control or eliminate the hazards.

Shall ensure all workers are suitably trained and qualified to perform the duties for which

they have been assigned.

Shall ensure or coordinate first aid equipment and services as required by WorkSafeBC OH&S

Regulation.

Shall coordinate the occupational health and safety activities for the project.

Assumes responsibility for the health and safety of all workers and for ensuring compliance by

all workers with the Workers Compensation Act (Part 3) and WorkSafeBC OH&S Regulation.

Understands any WorkSafeBC violation by the Prime Contractor may be considered a breach

of contract resulting in possible termination or suspension of the contract and/or any other

actions deemed appropriate at the discretion of the City.

Understands any penalties, sanctions or additional costs levied against the Prime Contractor

will be the responsibility of the Prime Contractor.

Accepts the following required documents shall be maintained and made available upon

request from the City and/or WorkSafeBC Prevention officer at the workplace.

The documents required to be maintained and available by the Prime Contractor will include, but

not be limited to:

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

WorkSafeBC OH&S Regulation.

Any written summaries of remedial action taken to reduce occupational health and safety

hazards within the area of responsibility.

All directives and inspection reports issued by WorkSafe BC.

Records of any incidents and accidents occurring within the Prime Contractor’s area of

responsibility.

Completed accident investigations for any incidents and accidents occurring within the Prime

Contractor’s area of responsibility.

On a construction workplace, these additional documents are required to be maintained and

available by the Prime Contractor:

• Records of all orientation and regular safety meetings held between contractors and their

workers, including topics discussed, worker names and companies in attendance.

• Written evidence of regular inspections within the workplace.

• Occupational first aid records.

• Worker training records.

• Current list of the name of a qualified person designated to be responsible for each

subcontractor (employer’s) site health and safety activities.

• Diagram of the emergency route to the hospital.

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

WorkSafeBC Notice of Project

WorkSafeBC Clearance Letter

Prime Contractor’s OH&S Safety Program

Prime Contractor’s OH&S Safety Program Document

First Aid Attendants:

Safety Supervisor:

Location of First Aid Station:

Signature of Prime Contractor:

Signature of City

Contract

Representative:

EXISTING KNOWN HAZARD ASSESSMENT

Discussion between the Prime Contractor and the City Contract Representative

Date: Meeting Location:

Prime Contractor:

Prime Contractor Representative:

� City Contract Representative to make the Prime Contractor aware of any known extraordinary

pre-existing hazards peculiar to the contract.

� It is recognized the known pre-existing hazards identified may not be a comprehensive list

and due caution is always required.

� Use additional pages if necessary.

Identified Extraordinary Hazards Action required to eliminate or control

hazards and ensure worker safety

Comment:

Comment:

Comment:

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




June 5, 2017

Appendix A – Mandatory Form

In order to provide consistency and ensure each Submission receives full consideration. All Proponents

are encouraged to provide as much detail and description to each item here.

COMPANY EXPERIENCE AND CAPABILITY

Question 1

State Proponent’s relevant experience and qualifications in the delivery of Pavement Condition

Assessments similar to those required by this document.

Question 2

State the size, model and make of the equipment which the Proponent will place on the project and

use during the course of the work. Include the following minimum information:

� Equipment description and year

� Type and Model of testing Equipment and any applicable testing standard(s)

Question 3

Proponents are to provide a schedule to meet the completion date. Data upload into the City’s

Pavement Management System is required to be completed no later than October 31, 2017. Include

the following information as a minimum:

� Start date

� Expected number of working days for completion

� Days the Proponent will Work each week

� Completion date




June 5, 2017

Question 4

Proponents are to clearly indicate how Surface Distress Data is to be collected.

Question 5

The Proponent must indicate their experience with the City’s RoadMatrix application (or similar

Pavement Management Systems). Include the process of Data collection, editing and the method of

data upload into RoadMatrix. Indicate plans for coordination and or collaboration with Stantec (if

necessary).

Question 6

Provide a minimum of three references for similar work, preferably for other municipalities. References

may be contacted at the City’s sole discretion. The City reserves the right to contact all references,

including the City’s internal assessment of current performance, if any. Proponents are to provide the

following minimum information:

� Company Name

� Contact Person, Telephone Number, Email Address

� Type of Work Performed

� Value of Contract




June 5, 2017

EXPERIENCE OF PERSONNEL

Question 7

Provide the name of the Project Manager the Proponent will place on this Project and that person’s

previous experience on this type of work. Provide as a minimum:

� Name

� Details of experience

� Qualifications related to this type of Work

Question 8

Provide information on the background and experience of all key personnel proposed to perform the

Work for this Contract if awarded. Include as a minimum the following information:

� Names of the personnel;

� Experience and Qualifications, including any related certification related to this type of

Work, if any.

Question 9

Proponents are required to provide the following information on the background and experience of all

sub-contractors (when applicable):

� Name of sub-contractor, telephone and email address

� Years of working with sub-contractor

� Work to performed by sub-contractor

� Equipment the sub-contractor intends to use to perform the Work.

Please indicate not applicable, if sub-contractors will not be used for this contract.

Appendix B - Fuel Reporting Consumption Worksheet

SAMPLE DO NOT COMPLETECompany Name:

Address:

Phone Number:

Contact Person:

Title:

Contact Phone:

Contract Description:

Contract Number / Identifier:

Reporting Period:*

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

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

Light Duty Vehicle

- Two door passenger cars � Gasoline 325 Litres

- Four door passenger cars � Diesel ______________ ______________

- Station wagons � Propane ______________ ______________

� Natural Gas ______________ ______________

� Other ________________ ______________ ______________

Light Duty Truck

- SUV's � Gasoline 1234 Litres

- Minivans � Diesel ______________ ______________ - Minivans � Diesel ______________ ______________

- Full size vans � Propane ______________ ______________

- Pickup trucks GVWR under 3856Kg (8,500 lbs) � Natural Gas ______________ ______________

and curb weight under 2722 Kg (6,000 lbs) � Other ________________ ______________ ______________

Heavy Duty Truck

- Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) � Gasoline ______________ ______________

and curb weight over 2722 Kg (6,000 lbs) � Diesel ______________ ______________

� Propane ______________ ______________

� Natural Gas ______________ ______________

� Other ________________ ______________ ______________

Off Road Vehicles and Portable Equipment

- Vehicles and equipment not licensed for road use � Gasoline ______________ ______________

- Snowmobiles � Diesel ______________ ______________

- ATV's � Propane ______________ ______________

- Lawnmowers and trimmers � Natural Gas ______________ ______________

- Tractors � Other ________________ ______________ ______________

- Construction equipment

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

_______________________________________________

Signature Title Date (dd/mm/yyyy)

1

APPENDIX C: PRIME CONTRACTOR GENERAL INFORMATION FORM

Prime Contractor General Information Form

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

Sections 118 of the Workers Compensation Act:

“multiple employer workplace” means a workplace where workers of 2 or more employers are working at the same time. Note: Workers of one employer do not necessarily have to come in contact with workers of the

other They do not have to be in the same place at the same time Workers’ activities could affect the health and safety of another employer’s workers. This

is true even if the workers at the workplace are workers of the owner or contractor.

“prime contractor” means, in relation to a multiple-employer workplace,

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

(b) if there is no agreement referred to in paragraph (a), the owner of the workplace.

The prime contractor of a multiple employer workplace must Ensure that the activities of all employers, workers (including the owners), and other

persons at the workplace relating to occupational health and safety are coordinatedand

Do everything that is reasonably practicable to establish and maintain a system orprocess that will ensure compliance with the WC Act and the Regulation in respect ofthe workplace

Each employer of workers at a multiple employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace.

For the sake of clarity, the following apply in determining whether there is a “multiple-employer” workplace:

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

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

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

2

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

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

In determining whether “workers of 2 or more employers are working at the same

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

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

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

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

The written agreement referred to in section 118(1) of the Act must be made available within a reasonable time if requested by a Board officer. There can be only one "prime contractor" at a workplace at any point in time. If an owner enters into more than one agreement purporting to create a "prime contractor" for the same period of time, the owner is considered to be the prime contractor. Section 119 of the Workers Compensation Act: Every owner of a workplace must

(a) provide and maintain the owner's land and premises that are being used as a workplace in a manner that ensures the health and safety of persons at or near the workplace, (b) give to the employer or prime contractor at the workplace the information known to the owner that is necessary to identify and eliminate or control hazards to the health or safety of persons at the workplace, and (c) comply with this Part, the regulations and any applicable orders.

3

Prime Contractor Qualified Coordinator OH&S Regulations 20.3: If a work location has overlapping or adjoining work activities of 2 or more employers that create a hazard to workers, and the combined workforce at the workplace is more than 5, (a) the owner, or if the owner engages another person to be the prime contractor, then that person must (i) appoint a qualified coordinator for the purpose of ensuring the coordination of health and safety activities for the location, and (ii) provide up-to-date information as specified in subsection (4), readily available on site, and (b) each employer must give the coordinator appointed under paragraph (a)(i) the name of a qualified person designated to be responsible for that employer's site health and safety activities. (3) The duties of the qualified coordinator appointed under paragraph (2)(a)(i) include (a) informing employers and workers of the hazards created, and (b) ensuring that the hazards are addressed throughout the duration of the work activities. (4) The information required by subsection (2)(a)(ii) includes (a) the name of the qualified coordinator appointed under subsection (2)(a)(i), (b) a site drawing, which must be posted, showing project layout, first aid location, emergency transportation provisions, and the evacuation marshalling station, and (c) a set of construction procedures designed to protect the health and safety of workers at the workplace, developed in accordance with the requirements of this Regulation.

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June 5, 2017

Appendix E - Sample Form of Agreement

RFP No. 1974 – PAVEMENT CONDITION ASSESSMENT

THIS AGREEMENT made this ____ day of _________, 2017

BETWEEN: CITY OF NANAIMO

455 Wallace Street

Nanaimo, British Columbia V9R 5J6

(Hereinafter called the “City”)

AND:

(Hereinafter called the “Contractor” or “Supplier”)

WHEREAS THE PARTIES AGREE AS FOLLOWS:

The Contractor/Supplier covenants and agrees to provide the Goods and/or Services as specified in the

Request for Proposal document(s) at the established rates in accordance with the Terms and Conditions

of this Agreement.

1. Definitions

Throughout this Agreement, the following definitions will be used:

“Agreement” means this document, executed by the City and the Contractor and includes the

Agreement Documents identified in clause (2) noted below, including any appendices or

amendments or attachments, all as may be amended or replaced from time to time.

“Goods and Services” means the Goods and or Services described in the Specifications and in

accordance with the Terms and Conditions of the Agreement’s.

“Work” means unless the text otherwise requires all the labour, material, equipment and all other

items necessary for the execution, completion and fulfillment of the delivery or said goods or

provide said Services.

2. Agreement Documents

The Terms and Conditions of the Agreement document(s), whether or not actually attached to this

Agreement will govern the Terms of this Agreement. The Agreement Documents include and

consist of:

� This Agreement, including any amendments to this Agreement;

� RFP Document(s) including all amendments issued by the City;

� The Successful Proponent’s submission, as accepted by the City;

� Any Schedules and or Appendices

� City’s Purchase Order; and

� May contain other Documentation not mention herein, but maybe and additional

requirement, and mutually agreed upon.




June 5, 2017

3. Agreement Manager

The person(s) identified below will be the primary point of contact for each party in the

administration of the Agreement.

For the purpose of this Agreement, the City’s Agreement Manager(s) are:

Name, Title:

Address:

Phone:

Cell:

Email:

For the purpose of this Agreement, the Contractor’s Agreement Manager(s) are:

Name, Title:

Address:

Phone:

Cell:

Email:

4. Changes in Requirements

The City, without invalidating the Agreement, may make changes to the Agreement by altering,

adding or deducting from the Goods or Services described in the RFP Document(s). Subject to

mutual agreement, the Contractor shall proceed with the amended Goods and or Services. The

amendment of the Supply of Goods and or Services shall be executed under the provisions of this

Agreement Document(s). The rates submitted on Schedule A – Pricing Form will apply to adding

from the Services, if the City is deducting quantities, this will be at no penalty to the City.

5. Invoicing and Payment

Invoices should be sent monthly in arrears to the City Accounts Payable Department at

[email protected] and should include as a minimum:

(1) Purchase Order number;

(2) RFP Document Number; 1974

(3) RFP Document; Pavement Condition Assessment

(4) Applicable taxes shown as a separate line item

Payment term is Net (30) days from receipt of invoice. Electronic Funds Transfer (EFT) is the

preferred method of payment. EFT is a direct deposit into the Contractor’s bank account.

The City reserves the right to reject and/or return invoices containing discrepancies for correction

and/or re-invoicing.

No payment for extras shall be made by the City, unless such extras are authorized by the City’s

Agreement Manager or authorized designate.

6. Business License

The Successful Proponent shall obtain and maintain a City of Nanaimo Business License or an Inter-

Municipal business license from the municipality in which its business is located for the duration of

the Agreement. Failure to verify possession of a valid Business License is cause for cancellation.




June 5, 2017

7. Indemnity

The Contractor shall indemnify and save harmless the City and its Council Members, officers,

servants, employees, volunteers and agents from and against all claims, demands, proceedings,

suits, losses, damages, costs and expenses of whatsoever kind or nature (including, but not limiting

the generality of the foregoing, in respect of death, injury, loss or damage to any person or

property) arising in any way out of or connected with the Services by the Contractor under this

Agreement, except to the proportionate extent that such actions, claims, demands, proceedings,

suits, losses, damages, costs and expenses were caused by the indemnified parties or any of them.

8. Insurance Requirements

The Proponent must, without limiting the Proponent’s obligations or liabilities and at the

Proponent’s own expense, purchase and maintain throughout the Contract term the following

insurances with insurers licensed in Canada in forms and amounts acceptable to the

City of Nanaimo, and shall also require such insurance to be purchased and maintained by all sub-

contractors engaged in connection with the Contract.

a) Comprehensive General Liability Insurance in an amount not less than $2,000,000 with a

provision naming the City as an additional insured and a Cross Liability clause.

b) Motor Vehicle Insurance, including Bodily Injury and Property Damage in an amount no less

than $2,000,000 per accident with the Insurance Corporation of British Columbia on any

licensed motor vehicles of any kind to be used to carry out the Work.

c) A provision requiring the Insurer to give the City a minimum of fifteen (15) day’s notice of

cancellation or lapsing or any material change in the insurance policy.

The Proponent must provide to the City, prior to the commencement of the Services, a certificate of

insurance or other evidence which satisfied the City that the required insurance has been acquired

and is in force.

The Proponent is responsible for any deductible amounts under the policies. The cost of all

insurance required by this Contract shall be included in the Proponent’s fees.

9. GENERAL LIABILITY INSURANCE

1. The Contractor shall obtain and maintain for the duration of the Services, at its own cost, the

following insurance, on terms and from insurers satisfactory to the Client:

a) Comprehensive General Liability coverage, covering premises and operations liability;

b) Contractor’s Contingency Liability coverage, covering operations of sub-contractors;

c) Completed Operations Liability coverage;

d) Contractual Liability coverage; and

e) Owned and Non-owned Automobile Liability Insurance coverage.

2. The limits of coverage shall not be less than the following:

a) Bodily Injury Liability - $2,000,000.00 each occurrence; $2,000,000.00 aggregate products

and/or completed operations;

b) Property Damage Liability - $2,000,000.00 each occurrence; $2,000,000.00 aggregate

products and/or completed operations; and

c) Owned & Non-owned Automobile - $2,000,000.00 any one accident.

3. A Cross Liability clause shall be made part of the Comprehensive General Liability Insurance.




June 5, 2017

4. The City of Nanaimo to be named as additionally insured.

10. WorkSafe BC - Safety

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

Agreement. The Contractor agrees and shall:

(1) Provide at its own expense the necessary WorkSafe BC compensation coverage for all its

employees and partners employed or engaged in the execution of the Services;

(2) Remain current with all assessment reporting and payments due there under and shall

comply in every respect with the requirement of the WorkSafe BC Act and Regulations; and

(3) Be solely responsible for to ensure that all sub-contractors have proper WorkSafe BC

coverage.

(4) 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.

(5) The Contractor understands and undertakes to comply with all of the Workers'

Compensation Board Occupational Health and Safety Regulations for hazardous materials

and substances, and in particular with the "Workplace Hazardous Materials Information

System (WHMIS)" Regulations. All "Safety Data Sheets (SDS)" will be shipped along with the

Goods and any future SDS updates will be forwarded.

11. Compliance with Laws

The Contractor shall give all notices and obtain all licenses and permits required to perform the

Work. The Contractor shall comply with all laws, by-laws, regulations, and ordinances, codes

applicable to the Work or performance of the Agreement.

12. Governing Law

The Agreement entered into between the Contractor and the City will be governed by and be in

accordance with the laws of the Province of British Columbia.

13. Sub-contracting

(1) The Contractor is responsible to ensure that any sub-contractor of the Contractor retains

and fully complies with this Agreement in forming the sub-contracted obligations.

(2) The Contractor will be as fully responsible to the City for acts and omissions of sub-

contractors and of persons directly or indirectly employed by them as for acts and omissions

of persons directly employed by the Contractor.

(3) Except as provided for in the Proposal, the Contractor will not engage any sub-contractors

or assign its obligations under this Agreement in whole or in part, without the prior written

approval of the City.




June 5, 2017

14. Supervision and Employee/Sub-Contractor Conduct

(1) Contractor must provide proper supervision of their employees and sub-contractor as

appropriate and will be held responsible for the conduct of their employees.

(2) The City may, at its sole discretion request the Contractor to reprimand, or remove any

employee or sub-contractor for any one of the following reasons and the Contractor shall

promptly comply with such requests.

(a) Unfit to work; or

(b) Intoxication; or

(c) Electronic Communication Device use while engaged in the work; or

(d) Use of foul, profane, vulgar or obscene language or gestures; or

(e) Disrupting work or workers; or

(f) Solicitation of gratitude from any person for services performed; or

(g) Willful, negligent or reckless action in disregard of safety or sanitary requirements; or

(h) Any action that the City may determine constitutes a public nuisance or disorderly

conduct; or

(i) Any other reason considered appropriate, at the sole discretion of the City.

15. Termination

In addition to the City’s option to cancel the Agreement before the expiry of the Agreement term,

upon thirty (30) calendar days notice to the Agreement, the following conditions will also contribute

to consideration of Agreement cancellation:

(1) If the Contractor fails to make delivery of the Services within the time specified, or fails to

perform any other provisions, terms or conditions of the Agreement within the time

specified, or within a reasonable time if no time is specified;

(2) The expected performance level of the Services is not being performed; or

(3) Failure to provide Personnel that is satisfactory to the City; or

(4) Unsafe acts while on City property that could pose a threat to the safety of the City Staff,

General Public or other Personnel; or

(5) Unknown Personnel, sub-contractor or assignment of Services to others; or

(6) Operational or procedural changes that materially affect the original requirements or

Services under Agreement; or

(7) In the event that the Contractor performs any act or does anything by which the City shall

incur any liability whatsoever; or

(8) The Contractor is adjudged bankrupt, becomes insolvent or unable to discharge its liabilities

as they become due, makes an assignment for the benefit of its creditors, is subject to the

appointment of a receiver, or a petition of bankruptcy is made against it; or

(9) Any other reason considered appropriate, at the sole discretion of the City.

If the Agreement is terminated due to any of the above conditions identified in (a) to (j) the City will

provide fourteen (14) calendar days written notice to the Contractor.

Upon termination of the Agreement, the City shall have no obligations to the Contractor except for

such Work which has been completed up to the date of the termination of the Agreement. The City

will pay to the Contractor such part of the Work up to the date of termination.




June 5, 2017

Upon termination of the Agreement(s) in whole or in part, the City may procure similar Services to

those so terminated with another contractor.

16. Force Majeure

The Contractor shall not be liable for any excess costs if any failure to perform the Agreement arises

by reason of strike, lockouts, acts of God or of the public enemy, acts of the City, fires or floods, or

defaults of sub-contractors due to any of such causes unless the City shall determine that the

products or services to be furnished by the sub-contractor were obtainable from other sources in

sufficient time to permit the Contractor to meet the required work schedule.

17. No Assignment

No Contractor may assign its Agreement or any rights in respect of the same to any other party.

Such an assignment or purported assignment will immediately invalidate the Agreement.

18. Amendment to Agreement

Any changes to the Agreement after it is issued will be by way of a modification and will only be

legally binding upon prior mutual agreement in writing by the parties to the Agreement.

19. Freedom of Information and Protection of Privacy Act.

This Agreement, including the RFP Documents is subject to the provisions of British Columbia’s

Freedom of Information and Protection of Privacy Act.

20. Dispute Resolution

In the event of a dispute arising between the City and the Consultant as to their respective rights

and obligations under the Agreement, both parties agree to resolve the dispute by:

(a) Open negotiations whereby both parties use their best efforts to resolve the dispute by mutual

agreement including the most Senior Management of both parties.

(b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a

mediator to resolve the dispute. All costs to be split equally.

(c) If, after the mediation process is complete and the dispute is not resolved, the parties shall

proceed to arbitrations following the rules of procedures as per the British Columbia

International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the

exception of legal fees, shall be borne equally.

21. Notices

Any notice required to be given in this Agreement shall be deemed to be duly given to the City if

sent by:

(1) Registered Mail: City of Nanaimo, Purchasing Department, 455 Wallace Street, Nanaimo, BC

V9R 5J6, attention Purchasing Agent

(2) Fax: 250.756.5327, Attention: Purchasing Agent

(3) Email: [email protected] attention: Purchasing Agent

AND

To the Contractor if sent by:

(1) Registered Mail: Contractors mailing address

(2) Contact name and email: name and email address

22. Time is of the Essence

The Contractor acknowledges that time is of the essence in this Agreement.




June 5, 2017

By their signatures, the parties agree to be bound by the terms and conditions of this Agreement set

out above.

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.

[CONTRACTOR NAME]

___________________________________ _______________________

Authorized Signature Date

___________________________________

Print Name and Title

___________________________________ _______________________


___________________________________

Print Name and Title

On Behalf of CITY OF NANAIMO

___________________________________ _______________________


Jane Rushton, Manager Purchasing and Stores