request for proposal no. 1975 traffic and street … - rfp - traffic street lighting.pdf · request...

REQUEST FOR PROPOSAL NO. 1975

TRAFFIC AND STREET LIGHTING MAINTENANCE

ISSUED: June 1, 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 15, 2017 at 3:00 PM (15:00 hrs) Pacific Time

Proposals will not be opened publicly

REQUEST FOR PROPOSAL No. 1975 TRAFFIC AND STREET LIGHTING MAINTENANCE

The City of Nanaimo of 42

Table of Contents

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

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

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

3.2 Amendment of Services ................................................................................................................ 6

3.3 Inventory ....................................................................................................................................... 6

3.4 Equipment and Materials .............................................................................................................. 6

3.5 Hours of Work ............................................................................................................................... 7

3.6 Emergency Call-Out ...................................................................................................................... 7

3.7 Competency .................................................................................................................................. 7

3.8 Signage and/or Flag Persons(s) ..................................................................................................... 7

3.9 Statement of Qualifications .......................................................................................................... 7

3.10 Term of the Agreement ................................................................................................................ 7

4.0 Instructions to Proponents ................................................................................................. 8

4.1 Closing Date/Time/Location/Submission Formats ....................................................................... 8

4.2 Inquiries and Clarifications ............................................................................................................ 8

4.3 Amendment to Proposals ............................................................................................................. 8

4.4 Addenda ........................................................................................................................................ 9

4.5 Proposal Submission ..................................................................................................................... 9

4.6 Public Opening .............................................................................................................................. 9

5.0 General Terms and Conditions ........................................................................................ 10

5.1 Acceptance and Rejection of Proposals ...................................................................................... 10

5.2 The City Reserve Rights ............................................................................................................... 10

5.4 No Claim for Compensation ........................................................................................................ 11

5.5 Conflict of Interest ...................................................................................................................... 11

5.6 Gifts and Donations .................................................................................................................... 11

5.7 Solicitation of Council Members and City Staff .......................................................................... 11

5.8 Business Licence .......................................................................................................................... 11

5.9 Invoicing and Payment ................................................................................................................ 11

5.10 Confidentiality and Freedom of Information .............................................................................. 11



5.11 Insurance ..................................................................................................................................... 12

5.12 Safety / WorkSafe BC .................................................................................................................. 12

5.13 Contractor is “Prime Contractor”................................................................................................ 12

5.14 Sub-Contractors .......................................................................................................................... 13

5.15 Independent Contractor ............................................................................................................. 13

5.16 Governing Law ............................................................................................................................ 13

5.17 Litigation Clause .......................................................................................................................... 13

5.18 Contractor Fuel Reporting Consumption .................................................................................... 14

5.19 Evaluation of Proposals ............................................................................................................... 14

6.0 Proposal Form – Submission Check List ......................................................................... 15

7.0 Proponent’s Information Form .......................................................................................... 16

Schedule A – Rate Sheet ............................................................................................................ 17

Schedule B - Prime Contractor Agreement ................................................................................. 18

Schedule C – Traffic Signal Inventory - Page 1 .......................................................................... 22

Schedule C – Traffic Signal Inventory - Page 2 .......................................................................... 23

Schedule D – Street Light Models .............................................................................................. 24

Schedule E - Pre-Emption Signals by Location .......................................................................... 25

Appendix A - Mandatory Response Form ................................................................................... 26

Appendix B - Contractor Fuel Reporting Consumption Worksheet ............................................. 29

Appendix C - Prime Contractor General Information Form ......................................................... 30

Appendix D - Prime Contractor Preconstruction Meeting Form .................................................. 33

Appendix E – Sample Form of Agreement ................................................................................. 36



1.0 Introduction

The City is seeking a qualified Electrical Contractor to maintain the traffic signal and street light inventory owned by the City on an as, if, and when requested basis. The City owns Street Lights, Traffic Signal Controllers and Signal Heads, as well as Pedestrian Heads, pushbuttons, and Emergency Pre-Emption Lights. There are approximately 52 intersections controlled by Traffic Signals in the City. Additionally, the City requires maintenance for approximately 4,000 streetlights. A list of locations and details on each signalized intersection will be provided by the City to the Successful Proponent.

The Successful Proponent of this Contract is required to be available 24 hours a day, 7 days a week in order to respond to emergency situations. A protocol for Contractor call-out will be established and provided to the Successful Proponent.

In addition to regular maintenance and service requests, the City requires preventive maintenance to be performed at each signalized intersection every two years. Conflict monitor units are to be tested at all intersections on an annual basis. Completed inspection reports are to be submitted to the City. The City will provide the schedule of preventative maintenance and inspection to the successful Proponent.



2.0 Definitions 2.1 The following definitions apply to the interpretation of this Document;

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.



3.0 Project Information

3.1 Summary of Work

The City is seeking a qualified Electrical Contractor to provide at a minimum the following:

i. Traffic light preventive maintenance at approximately fifty-two (52) intersections to ensure the efficient operation of equipment. Maintenance service is to be done to fifty (50) percent of the traffic lights one (1) year, and the remaining fifty (50) percent the following year. Maintenance service to be arranged by the manager, Roads and Traffic Services.

ii. Repair service on a required basis for: a. Approximately 4,233 street lights b. 1 – pedestrian signal at Fifth and Georgia c. Overheads d. Fire Signals e. Warning Signals f. 3 – Permanent Count Locations g. 9 – Short Count Stations with Loops h. Traffic Signal Controllers (see Schedule C for the Traffic Signal Inventory List) i. EMV Pre-emption Signals (see Schedule E for a list of Pre-emption locations)

iii. Conflict monitoring maintenance on an annual basis (preferably in September) iv. Maintenance to pedestrian signalization, traffic counters, and traffic signal systems v. Keeping clear and concise maintenance and service records for all work.

vi. The Contractor shall be responsible for the disposal of any components containing PCB’s.

The City will provide the Successful Proponent the lists of all other required locations and Specifications upon Award of the Agreement, if any.

The Services are on an as if and when requested basis; therefore the frequency and volumes cannot be estimated.

3.2 Amendment of Services

The City may, from time to time, by written notice to the Contractor, make changes to the locations and quantity of Services and Work described herein.

3.3 Inventory

A summary of locations and specific model types of current City inventory can be found in Schedule C, Schedule D, and Schedule E. A complete inventory of traffic signals and street light devices will be provided to the Successful Proponent upon Award of the Agreement if any.

3.4 Equipment and Materials

The City will supply lamp standards, luminaries, lamps, refractors, photocells, ballasts and traffic controller parts to the Contractor. The Contractor will obtain these items from the City’s Central Stores & Service Centre at the Public Works Yard, 2020 Labieux Road, Nanaimo, BC.

The Contractor shall supply and have readily available at all times all other material and equipment necessary to perform the Services, in accordance with the City of Nanaimo Approved Products List, latest revision.



The Contractor shall, when instructed, return to the City’s Central Stores & Service Centre those items of material and equipment which are replaced by new items of material and equipment.

3.5 Hours of Work

The Contractor shall normally perform the Services of this Contract during regular working hours. Regular working hours are Monday to Friday 7:00 am to 7:00 pm.

3.6 Emergency Call-Out The Contractor shall provide emergency service 24 hours a day, 7 days a week (including Saturdays, Sundays and Statutory holidays).

Emergency work shall be considered all circumstances which may put vehicular or pedestrian traffic in danger if not immediately resolved or repaired. Emergency work shall include, but not limited to, sign and device knockdowns, unsafe and exposed electrical wires, signal heads that have been misaligned which affects visibility, lights in flash mode or completely turned off, and timing issues that create conflicts with other directional traffic in an intersection. Emergency service is to be conducted on demand by the City or Police Authority. Response time for emergency services is no more than one (1) hour after notification during regular working hours and no more than two (2) hours after notification outside of regular working hours, including Saturday, Sunday and Statutory holidays. Failure to meet these response times may result in cancellation of the Agreement at the discretion of the City.

3.7 Competency

All Proponents are required to be Certified Electrical Contractors in the Province of British Columbia, and must hold a Class A Certificate of Qualification in the Province of British Columbia. All employees must be trade certified where required. Proof of certification must be provided upon request. All equipment used to perform the Work must bear applicable certification as required by any jurisdiction having authority.

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 Contractor and must be included in the pricing.

3.9 Statement of Qualifications

Proponent(s) must clearly state their qualifications in the Mandatory Response Form in Appendix A.

3.10 Term of the Agreement

For the purpose of this Project, the first term of the agreement is for two (2) years, ending June 30, 2019, with the option for extension for an additional three (3) one (1) year terms ending June 30, 2022, if mutually agreed upon.



4.0 Instructions to Proponents

4.1 Closing Date/Time/Location/Submission Formats

Submissions must be received by the Purchasing Department on June 15, 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: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be enclosed in a sealed envelope clearly marked RFP No. 1975 Traffic and Street Lighting Maintenance; 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. 1975 Traffic and Street Lighting Maintenance; 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 time clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier.

Electronically submitted Proposals will be deemed to be successfully received when the time as posted on the email is at or before the Closing Date and Time. 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, and alike.

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 oral conversation 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 Time.

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



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

4.4 Addenda

If the City determines that an Addendum is necessary, the City’s Purchasing and Stores Department will post a written 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 in 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 Proposal Submission

The Proposal Submission must include the following:

Proposal Form Proponent’s Information Form Schedule A – Rate Sheet Appendix A – Mandatory Response Form

4.6 Public Opening

There will not be a public opening for this RFP.



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.



5.3 No Claim for Compensation

All costs and expenses with respect to the preparation and submission of a Proposal pursuant to this RFP, in attending interviews, 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 of Nanaimo’s City Manager.

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

5.8 Invoicing and Payment

All invoices should include the minimum information:

• City’s Purchase order Number and RFP Number • Billing Rates shown as a separate line item per rate and Extended Totals • All applicable taxes 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



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 RFP. 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 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.

5.12 Contractor is “Prime Contractor”

The Contractor to this RFP 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 RFP.

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

Sub-Contracting is not permitted for Technical Services under this RFP.

Where there are sub-contractors to be employed throughout the term of this RFP, then:

i. The Contractor will bind all approved sub-contractors to the terms of the RFP, 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 RFP into all sub-contracts as necessary to preserve the rights of the City under this RFP.

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 RFP.

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, if any, 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:

(a) Any other Agreement 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 (15) years of the date of this RFP.

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 Agreement if it is awarded to the Proponent.

5.17 Contractor Fuel Reporting Consumption

Commencing on the potential Agreement 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

20

3. Capacity to meet call out times regular and emergency 15

4. Ability to Schedule Staff – 24 hour call-out 10

5. Vehicles and Equipment 10

6. Financial Proposal - Per Line Item 20

Total Weighting 100



6.0 Proposal Form – Submission Check List

THE CITY OF NANAIMO

PURCHASING LOCATION:

2020 LABIEUX ROAD, NANAIMO, BC

PROPOSAL No. 1975

TRAFFIC AND STREET LIGHTING MAINTENANCE

DOCUMENTS TO BE ENCLOSED WITH THIS PROPOSAL FORM

6.0 - Proposal Form

7.0 - Proponents Information Form

Schedule A – Rate Sheet

Appendix A - Mandatory Response Form

DOCUMENTS TO BE PROVIDED UPON AWARD

City Business License

WorkSafeBC

Insurance as described herein

Class A Certificate valid in British Columbia

Electrical Contractor License



7.0 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

Addendum No. Dated / Issued

Check here if NO Addenda received.

PROPONENT SIGNATURE DATE



Schedule A – Rate Sheet The Services in this RFP are on an as, if and when requested basis; therefore, frequency and volumes cannot be estimated. The Proponent is to provide billing rates for items of work described below.

All prices are in Canadian Dollars, exclusive of PST and GST. The taxes, if applicable are shown as separate line items below. Rates are to remain firm for the first term of the Agreement.

All hourly rates are to include all labour, machinery, tools, plant, vehicles, 40 foot minimum aerial ladder (bucket), mobile equipment, and all other 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.

Proponents are asked to provide their complete rate sheet including but not limited to the following items:

Item Billing Rates

Regular Hours (Scheduled Work) Monday to Friday (7am to 7pm)

$

Call-Out for Emergency Services (Unscheduled Work) Monday to Friday (7am to 7pm)

$

Call-Out for Emergency Services (Unscheduled Work) Outside of Regular Working Hours

$

Statutory Holiday Call-Out for Emergency Services (Unscheduled Work) $

Conflict Monitoring Testing for traffic signals (all 52 intersections) $

Traffic Signal Maintenance (26 intersections per year) $ Material Mark-Up %

PROPONENT SIGNATURE DATE

The response locations can be anywhere within Nanaimo City limits.

The Contractor can respond within one (1) hour during regular working hours Yes______ No _______

The Contractor can respond within two (2) hours outside of regular working hours. Yes______ No _______

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)

Prime Contractor Representative (printed)

City Contract Representative (printed)



Schedule C – Traffic Signal Inventory - Page 1 Updated: April 12, 2011 Pushbuttons /

Countdown Timers

Traffic Signal Controller and Pre-Emption

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shb

utt

on

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gra

de

(PB

)

Co

un

tdo

wn

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er

(CD

T)

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ntr

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r T

ype

Sig

nal

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ear

Co

ntr

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Pre

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Au

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als

Tra

ffic

Sig

nal

Tim

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S

hee

t In

ters

ecti

on

lev

el o

f se

rvic

e (L

OS

)

1 202 Front Ferry E 2002 2002 C ASC 2-1000 2000 Tekedge 2007 Yes NO CDT test location. Heavy ped usage. 2 1062 Commercial Bastion E No 2016 ASC 2-1000 1981 No YES Fixed cycle. 3 213 Wallace Bastion E Yes 2016 ASC 8000 1977 Tekedge 1995 Yes YES 4 997 Boundary Dufferin E 2005 2006 C ASC 8000 1993 Tekedge 1995 Yes YES 5 1063 Front Bastion E 2006 2006 C ASC 2-1000 1998 SONEM 1997 NO A 6 212 Fitzwilliam Milton E 2000 2000 C ASC 2-1000 2000 SONEM 2000 YES 7 389 Bowen Pryde E 2011 2011 C ASC 2S-1000 1976 SONEM 2000 YES PB + CDT with construction in 2011. 8 191 Departure Bay Norwell E C 2013 ASC 8000 1980 No Yes YES CDT in 2013. 9 615 Dickinson Dover E C No ASC 2S-1000 2000 SONEM 2000 YES

10 1843 Terminal Terminal Park Mall E 2007 2007 C ASC 3 2007 SONEM 2007 YES C 11 208 Wakesiah Fourth E C No ASC 2S-1000 2001 SONEM 2001 YES 12 6534 Milton Victoria E C C C ASC 2S-1000 2005 SONEM 2006 YES A 13 53 Aulds Metral E C 2014 ASC 2-1000 1996 SONEM 1997 YES CDT in 2014 14 206 Comox Prideaux E C 2007 C ASC 3-1000 1996 2010 SONEM 2010 YES AM/MIDday/PM timing Plan. 15 211 Third Pine E C NO ASC 2-1000 1998 SONEM 1998 YES B 16 231 Wakesiah Second E 2011 2011 C KMC 4000 1982 2011 No YES Intersection upgrade scheduled for 2011. 17 1306 Uplands Oliver E 2002 2002 ASC 2S-1000 2001 SONEM 2002 YES B CDT test location. Heavy ped usage. 18 210 Wakesiah Third E C 2015 ASC 2-1000 1998 SONEM 1998 YES 19 1028 Boundary Meredith E 2009 2009 C ASC 2S-1000 2002 No YES B PB &CDT upgrades in 2009. 20 207 Fifth Wakesiah E C NO ASC 2S-1000 2001 SONEM 2001 Yes YES B 21 204 Comox Wallace E 2008 2012 ASC 8000 1993 No NO PB & CDT Upgrade in 2012. 22 216 Terminal St. George E 2013 2013 Peak SONEM Yes YES C PB & CDT upgrade in 2013. 23 1419 Terminal Townsite E 2013 2013 Peak SONEM YES PB & CDT upgrade in 2013. 24 54 Metral Enterprise E C NO ASC 2S-1000 2002 SONEM 2001 YES 25 8085 Bowen Kenworth E 2007 2007 C ASC 2S-1000 2007 SONEM 2007 YES B 26 193 Bowen Labieux E 2011 2011 C ASC 2S-1000 1991 SONEM 1993 Yes YES PB & CDT upgrades in 2011. 27 194 Bowen Northfield E C NO ASC 2-1000 1983 1996 SONEM 1996 Yes YES E 28 409 Uplands Turner E C C C ASC 2-1000 1997 SONEM 1997 YES C



Schedule C – Traffic Signal Inventory - Page 2 Updated: April 12, 2011 Pushbuttons /

Countdown Timers

Traffic Signal Controller and Pre-Emption

Comments

Intersection

Num

ber

Inte

rsec

tion

ID

Mai

nstr

eet

Sid

estr

eet

Sig

nal S

tatu

s

Pus

hbut

ton

Upg

rade

(P

B)

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ler

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n Y

ear

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Pre

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ype

Pre

-em

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ear

Aud

ible

Sig

nals

Tra

ffic

Sig

nal T

imin

g S

heet

In

ters

ectio

n le

vel o

f se

rvic

e(L

OS

)

29 1623 Hammond Bay Uplands E 2015 2006 C ASC 8000 1994 Tekedge 1995? Yes Yes B 30 387 Comox Wall E C 2010 C ASC 2-1000 1998 Tekedge 1993 Yes NO Controller Upgrade in 1999. CDT in 2010. 31 190 Ross Norwell E C 2008 C ASC 8000 1993 Tekedge 1994 Yes YES Completed with road diet. 32 697 Hammond Bay Turner/McGirr E 2005 No C ASC 2-1000 2005 SONEM 2004 YES 33 937 Departure Bay Hammond Bay E 2002 2002 C ASC 2S-1000 2002 SONEM 2002 YES C CDT test location. Heavy ped usage. 34 577 Rutherford Uplands E ASC 8000 1995 Tekedge 1995 YES 35 1533 Hammond Bay Calinda E 2005 2005 C ASC 2S-1000 2006 SONEM 2006 YES A 36 198 Bowen East Wellington E C 2012 ASC 2-2100 1982 Tekedge 1995 YES C CDT in 2012. 37 6518 Comox Cliff E 2008 2008 C ASC 3-1000 2008 SONEM 2008 YES 38 1568 Bowen Dufferin E C NO ASC 2-2100 1995 Tekedge 1996 YES 39 388 Bowen Wakesiah E C NO ASC 8000 1974 Tekedge 1994 YES 40 7172 Tenth Lawlor E 2008 2008 C ASC 3 2008 SONEM 2008 YES 41 197 Bowen Meredith E 2009 2010 C ASC 2S-1000 1992 2003 Tekedge 1995 YES 42 1307 Mostar Boban E 2007 2007 C ASC 2S-1000 2000 SONEM 1999 YES B 43 1635 Mostar Jordan E C No ASC 2-1000 1997 SONEM 1997 NO B 44 221 Departure Bay Montrose E C 2012 ASC 2S-1000 1984 2002 SONEM YES CDT in 2012. 45 9129 Bowen Pine E 2009 2009 C ASC 3 2009 SONEM 2009 YES 46 227 Rutherford Wills E C 2009 C ASC 2-1000 1997 1997 SONEM 1997 YES C 47 1299 Hammond Bay Rutherford E 2012 2012 ASC 8000 1994 Tekedge YES PB & CDT upgrade in 2012. 48 9111 Northfield Rd Boxwood Rd N 49 1048 Bowen Rd Buttertubs Rd N

50 203 Front Church E Uses Front / Bastion controller. 51 6704 Fifth Georgia E Mechanical Pedesrtian half signal



Schedule D – Street Light Models The following is a list of the City’s models of Street Lights. Inventory and Street Light models may be amended from time to time by the City. A full list of locations will be provided to the successful Proponent upon Award.

Pole Type Luminaire Type Light Type

Cobra Galvanized Drop Glass Cobra Light Emitting Diode (LED)

Cobra Painted Flat Glass Cobra High Pressure Sodium (HPS)

Heritage Cobra Painted Globe Metal Halide (MH)

Heritage Post Top Painted Heritage

Marine Style Painted Lantern

Post Top Galvanized Marine Style

Post Top Painted Top Hat



Schedule E - Pre-Emption Signals by Location LOCATION Pre-Emption Signal Type

Front and Church Same controller as Front and Bastion

Bastion and Front Sonic 110 with extra relays added for lights

Bastion and Commercial None

Front and Ferry Teckedge

Wallace and Fitzwilliam Teckedge- only one direction phase 1 and 6

Comox and Wallace None

Comox and Wall Sonem 2000 new

Comox and Prideaux Sonem 2000 new

Pine and Fitzwilliam Sonic 110

3rd and Wakesiah Sonic 110

2nd and Wakesiah Sonem 2000 new

5th and Georgia None F Table

Bowen and Wakesiah Sonem 2000 new

Bowen and Pryde Sonem 2000 new

Bowen and East Wellington Teckedge

Bowen and Dufferin Teckedge

Bowen and Meredith Teckedge

Bowen and Northfield Sonem LED type in detector rack with external relay board, light driver board and microphone input board

Bowen and Labieux Sonem LED type in card cage

Boundary and Meredith None

Boundary and Dufferin Teckedge

Departure Bay and Montrose None

Departure Bay and Norwell None

Norwell and Ross Teckedge

Mostar and Jordan Sonem LED type in detector rack with external relay board, light driver board and microphone input board

Rutherford and Wills Sonem LED type in detector rack with external relay board, light driver board and microphone input board

Rutherford and Uplands Teckedge

Rutherford and Hammond Bay None

Uplands and Hammond Bay Teckedge

Uplands and Turner Sonem LED type in detector rack with external relay board, light driver board and microphone input board

Aulds and Metral Sonem LED type in detector rack with external relay board, light driver board and microphone input board

Dickenson and Dover Sonem 2000 new

Mostar and Boban Sonem LED type in card cage

Milton and Fitzwilliam Sonic 110

4th and Wakesiah Sonic 110

5th and Wakesiah Sonic 110

Uplands and Oliver Sonic 110

Metral and Enterprise Sonic 110

Departure Bay and Hammond Bay Sonic 110

St. George and Terminal Sonem 2000 new

Townsite and Terminal Sonem 2000 new

Turner and Hammond Bay Sonem 2000 new

Terminal and Terminal Park Sonem 2000 new

Hammond Bay and Calinda Sonem 2000 new

Bowen and Kenworth Sonem 2000 new

10th and Lawlor Sonem 2000 new

Milton and Victoria Sonem 2000 new

Comox and Cliff Sonem 2000 new

Bowen and Pine Sonem 2000 new

Northfield and Boxwood Sonem 2000 new

Bowen and Buttertubs Sonem 2000 new

Terminal and Cypress Sonem 2000 new

Rte 1 @ North Cedar Sonem LED type- lights driven by MOTI controller

Rte 1 @ Cranberry Sonem 2000 new- lights driven by MOTI controller

Rte 1 Old Victoria-Haliburton Sonem 2000 new- lights driven by Sonem card

Rte 1 @ Needham Teckedge- lghts driven by MOTI controller

Rte 1 @ Milton Teckedge- lghts driven by MOTI controller

Rte 1 @ Comox Teckedge- only northbound with jam jar type indicator light

Rte 19A @ Bowen-Norwell Sonem LED type- lights driven by MOTI controller

Rte 19A @ Jingle Pot-Norwell Sonem LED type- lights driven by MOTI controller

Rte 19A @ Mostar-Rutherford Sonem 2000 new- lights driven by MOTI controller

Rte 19A @ Turner Teckedge- lights driven by MOTI controller- in VEB box with screwed on lid

Rte 19A @ Enterprise Sonem 2000 new- lights driven by MOTI controller

Rte 19A @ Hammond Bay Sonem LED type- lights driven by MOTI controller

Rte 19A @ Mary Ellen Sonic 110- lights driven by MOTI controller

Stewart @ Brechin Sonem 2000 new- lights driven by MOTI cotroller

Rte 19 @ College-5th Sonem LED type- lights driven by MOTI controller

Rte 19 @ Jingle Pot Sonem LED type- lights driven by MOTI controller

Rte 19 @ Northfield Sonem LED type- lights driven by MOTI controller

Rte 19 @ Mostar Sonem LED type- lights driven by MOTI controller

Rte 19 @ Aulds Sonem LED type- lights driven by MOTI controller



Appendix A - Mandatory Response Form In order to provide consistency and ensure each Submission receives full consideration, Proponents are to provide their response directly onto this Appendix. All Proponents are encouraged to provide as much detail and description to each item identified in this Appendix.

Proponent(s) must not alter any portion of this Appendix, with the exception of requiring additional space to answer these questions. To do so will invalidate the submission of the Proponent’s Submission.

Question 1 State Proponent’s relevant experience and qualifications in the delivery of Traffic and Street Lighting Maintenance similar to those required by this document.

Question 2 Proponents are to provide experience and qualifications for all employees that will be doing the work. Question 3 Proponents are to provide a plan that clearly states how they will schedule staff in order to be available 24 hours a day 7 days a week. Question 4 Indicate how timely response will be provided during regular hours of work and outside of regular hours of work.



Question 5 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

Question 6 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 7 Proponents are required to provide the following information on the background and experience of all sub-contractors: 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 RFP.



Question 8 Include any other information that you may consider relevant (value add services). Question 9 The Proponents are required to list the vehicles and equipment that will be used for the work as described herein. i.e. machinery, tools, plant, vehicles, 40 foot minimum aerial ladder (bucket), mobile equipment, and all other equipment

Question 10 Proponent to describe their sustainability initiates relating to the environmental impacts. The environmental attributes (green) of their Goods and Services. Information pertaining to their environmental policies, programs and practices.

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

APPENDIX “A”

This document does not replace the Workers Compensation Act or OH&S Regulations Sections 118 of the Workers Compensation Act: “multiple employer workplace” means a workplace where workers of 2 or more employers are working at the same time. Note: Workers of one employer do not necessarily have to come in contact with workers of the

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

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

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

(b) if there is no agreement referred to in paragraph (a), the owner of the workplace. The prime contractor of a multiple employer workplace must Ensure that the activities of all employers, workers (including the owners), and other

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

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

Each employer of workers at a multiple employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace. For the sake of clarity, the following apply in determining whether there is a “multiple-employer” workplace: Two or more adjacent workplaces do not constitute a “multiple-employer workplace”,

even though the activities at one place might affect the health and safety of workers at an adjacent workplace.

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

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

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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Appendix E – Sample Form of Agreement

RFP No. 1975 – Traffic and Street Lighting Maintenance 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. Intended Term of Agreement For the purpose of this Agreement, the first term of the Agreement is for two (2) years, ending June 30th, 2019, with the option for extension for an additional three (3) one (1) year terms ending June 30th, 2022 if mutually agreed upon.

3. 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 Contractor’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.



4. 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:

5. 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 – Rate Sheet will apply to adding from the Services, if the City is deducting quantities, this will be at no penalty to the City.

6. 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; 1975 (3) RFP Document; Traffic and Street Lighting Maintenance (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.

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

8. 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.

9. 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.

10. 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.

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

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

Upon termination of the Agreement(s) in whole or in part, the City may procure similar Services to those so terminated with another contractor.

17. 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.

18. 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.

19. 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.



20. 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.

21. 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) Frank and open negotiations whereby both parties use their best efforts to resolve the

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

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

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

22. 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

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



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 ___________________________________ _______________________ Authorized Signature Date ___________________________________ Print Name and Title On Behalf of CITY OF NANAIMO ___________________________________ _______________________ Authorized Signature Date Jane Rushton, Manager Purchasing and Stores