REQUEST FOR TENDER No. 2626 ISSUED: June 23, 2020

PURCHASING DEPARTMENT

REQUEST FOR TENDER No. 2626

Supply and Deliver Municipal Waterworks Parts

ISSUED: June 23, 2020

CLOSING LOCATION:

Purchasing Department

2020 Labieux Road

Nanaimo, BC

V9T 6J9

ESTABLISHED CLOSING DATE AND TIME:

Tenders must be received prior to:

July 23, 2020 at or before 3:00 PM (15:00 hours) Pacific Time

INQUIRIES:

Debbie Bezenar, SCMP, Buyer

[email protected]

Late Submissions will not be considered

Tenders will be opened publicly after the Closing Date and Time of this RFT

NOTE: NEW REQUIREMENT AS PER CLAUSE - 2.4 COVID-19 SAFETY PROTOCOLS

mailto:[email protected]

Supply and Deliver Municipal Waterworks Parts REQUEST FOR TENDER No. 2626

of 25 Date Issued: June 23, 2020

Table of Contents

Introduction......................................................................................................................... 5

1.1 Project Overview .............................................................................................................. 5

1.2 Tender Submission Content and Requirements .............................................................. 5

1.3 Intended Term of Contract ............................................................................................... 5

1.4 No Exclusivity .................................................................................................................... 5

1.5 Definitions......................................................................................................................... 6

Instructions to Bidders ........................................................................................................ 7

2.1 Closing Date/Time/Location/Submission Formats ........................................................... 7

2.2 Signature ........................................................................................................................... 7

2.3 Pre-Tender Meeting NOT REQUIRED FOR THIS OPPORTUNITY ....................................... 7

2.4 Covid-19 Safety Protocols ................................................................................................. 7

2.5 Bid Validity ........................................................................................................................ 9

2.6 Mandatory Requirements ................................................................................................ 9

2.7 Inquiries and Clarifications Related to this RFT ................................................................ 9

2.8 Amendment to Tenders ................................................................................................. 10

2.9 Addenda / Question and Answers .................................................................................... 9

2.10 Accuracy of Information ................................................................................................. 10

2.11 Error in Submission ......................................................................................................... 10

2.12 Withdrawal of Tenders ................................................................................................... 11

2.13 Ownership of Tenders / Submissions ............................................................................. 11

2.14 No Claim for Compensation ........................................................................................... 11

2.15 Conflict of Interest .......................................................................................................... 11

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

2.17 No Collusion .................................................................................................................... 11

2.18 Joint Submission ............................................................................................................. 12

2.19 Freedom of Information and Privacy Protection Act (FOIPPA) ...................................... 12

2.20 Litigation Clause.............................................................................................................. 12

2.21 Checking of Tenders ....................................................................................................... 13



2.22 Award Notifications ........................................................................................................ 13

2.23 Opening of the Tenders .................................................................................................. 13

General Terms and Conditions .......................................................................................... 14

3.1 Right of the City to Cancel the RFT Process .................................................................... 14

3.2 Acceptance and Rejection of Tenders ............................................................................ 14

3.3 Gifts and Donations ........................................................................................................ 14

3.4 Contractor Performance ................................................................................................. 14

3.5 Invoicing and Payment ................................................................................................... 15

3.6 Performance of the Work ............................................................................................... 15

3.7 Key Personnel ................................................................................................................. 15

3.8 Notification of Award ..................................................................................................... 16

3.9 Indemnification............................................................................................................... 16

3.10 Form of Contract ............................................................................................................ 16

3.11 Independent Contractor ................................................................................................. 16

3.12 Non-Exclusivity and Coordination of Work .................................................................... 16

3.13 Governing Law ................................................................................................................ 16

3.14 Permits and Regulations ................................................................................................. 17

3.15 Termination of Contract ................................................................................................. 17

3.16 Cancellation .................................................................................................................... 17

3.17 Fuel Consumption Data Reporting ................................................................................. 17

3.18 Dispute Resolution ......................................................................................................... 18

3.19 Time is of the Essence .................................................................................................... 18

Project Specifications ........................................................................................................ 19

4.1 Requirements ................................................................................................................. 19

4.2 Changes to requirements ............................................................................................... 19

4.3 Standard Delivery Requirements ................................................................................... 19

4.4 Safety 19

4.5 Compliance with City of Nanaimo Approved Products List ........................................... 19

Bidder’s Information Form ................................................................................................ 21



Appendix A - Fuel Reporting Consumption Worksheet Instructions ........................................ 22

Appendix B - Fuel Reporting Consumption Worksheet - Sample Only ..................................... 24

Appendix C – COVID-19; Fit for Duty Questionnaire ................................................................. 25



Introduction

1.1 Project Overview

The City invites Tenders for the supply and delivery of Municipal Waterworks Parts, on an as and when

required basis.

The categories are:

Schedule A1 and A2 - Municipal Castings;

Schedule B - Valves and Hydrants;

Schedule C - Concrete Products;

Schedule D - PVC Fittings;

Schedule E - Bronze Compression Fittings and Curb Stop;

Schedule F - Water Saddles, Pipe Couplings, Rubber Couplings, Pipe Restrainers, and Repair Clamps;

and

Schedule G - Pipe - PVC and Service Pipe - Polyethylene.

These Schedules are posted separately in an excel workbook that has several spreadsheets (tabs). The

City will award each Schedule on the lowest price.

1.2 Tender Submission Content and Requirements

Complete and submit the Tender Forms attached as Bidder’s Information Form and Pricing Cover/

Signature Sheet and Pricing Schedules. Tender Forms must be signed by an authorized person in a

position to legally bind the Bidder to statements made in response to this Request for Tender.

1.3 Intended Term of Contract

For the purpose of this RFT, the first term of the Contract will be for six (6) months from date of award.

This may be extended for an additional one (1) more one (1) year term subject to satisfactory

performance reviews, and if mutually agreeable. The City shall not incur any liability, should it choose

not to exercise its exclusive option to renew the Contract.

Firm pricing is required for the initial six (6) month term.

The City shall not incur any liability, should it choose not to exercise the option to extend the

Agreement.

1.4 No Exclusivity

Should the successful Bidder fail to meet the contractual obligations as follows:

Unable to provide the required goods and or services either as listed in this RFT or as modified from time to time; or



Unable to deliver the required goods and or services at the required time and location.

The City shall, in its sole discretion, reserve the right to source and purchase the goods and or services

from other suppliers to meet operational requirements.

1.5 Definitions

The following definitions apply to the interpretation of the Bid Document;

a. “Addendum/Addenda” means a change, or addition, or correction significant enough to be

formally made to this RFT within the competitive time-period. Addenda are posted on the

City’s website.

b. “Bidder” means the Legal Entity, Company or Corporation providing a response to this RFT.

c. “City” means the City of Nanaimo (CoN) located in the Province of British Columbia.

d. “Closing Location” means the location that all bids for this RFT will be accepted at.

e. “Contract” means a legal document and any attachments that bind the City and all other

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

f. “Contractor” means the successful Bidder to this RFT who enters into a Contract with the City

for the Deliverables requested in this RFT.

g. “Deliverables” means the goods and services described in this RFT and detailed in the attached

documentation.

h. “Established Closing Date and Time” means the deadline for the submission of Tenders as set

out herein.

i. “May” used in this document denotes permissive.

j. “Project” is the Work as defined herein.

k. “Request for Tender” (RFT) means the document issued by the City to solicit submissions to

provide goods, services or construction for the City.

l. “Shall” or “Will” or “Must” used in this document denotes imperative.

m. “Submission Deadline” means the deadline for the submission for Tenders as set out herein.

n. “Successful Bidder” means a Bidder whose tender submission or submissions has been

accepted by the City. Also referred to as the Contractor.

o. “Tender or Submission” Also referred to as a Bid means the bidder’s response to the RFT and

includes all the Bidder’s attachments.

p. “Work” means the total services required by the Request for Tender, as described herein.



Instructions to Bidders

2.1 Closing Date/Time/Location/Submission Formats

It is the sole responsibility of the Bidder to submit their response to the Purchasing Department prior

to the Established Closing Date and Time as follows:

i. By hand/courier delivery: Bidders should submit one (1) original hard copy and one (1)

electronic version in MS Word/PDF format submitted on an external flash drive. The Tender

MUST be enclosed and sealed in an envelope/package clearly marked: RFT 2626 Supply and

Deliver Municipal Waterworks Parts; attention: Debbie Bezenar; and delivered and addressed

to the Purchasing Department, City of Nanaimo, 2020 Labieux Road, Nanaimo, BC V9T 6J9.

Late Tenders or Tenders received by facsimile will not be considered. In addition, Tenders delivered to

an incorrect location will not be considered. Hand delivered Tenders MUST be in a sealed opaque

envelope, marked on the outside with the Bidders name, title of the project and reference number.

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

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

Submissions.

The time clock in the Purchasing Department office is the official timepiece for the receipt of all

Submissions delivered by hand/courier.

2.2 Signature

The Tender must be signed by a person authorized to legally bind the Bidder to the statements made

in the Response to this RFT.

2.3 Pre-Tender Meeting NOT REQUIRED FOR THIS OPPORTUNITY

A Pre-Tender meeting is not applicable and will not be held for this RFT.

2.4 Covid-19 Safety Protocols

The Proponents representative must adhere to the City’s COVID-19 safety protocols including but not

limited to:

The day they are required to attend the site, the Proponent representative must fill out and return the

COVID-19: Fit for Duty Questionnaire, which is attached as Appendix H. This must be returned to the

City’s designated project manager.



In the event that social distancing of 2 meters cannot be accomplished while working on site, the

Proponent representatives are encouraged to bring and wear masks and gloves.

2.4.1 If you are sick, stay home

The symptoms of COVID-19 are similar to other respiratory illnesses, including the flu and common cold.

They include cough, sneezing, fever, sore throat, and difficulty breathing. If you have any of these

symptoms, stay home. Call 8-1-1 or use the BC COVID-19 Self-Assessment Tool to help determine if you

need further assessment or testing for COVID-19.

2.4.2 Physical distancing

Minimize your contact with others through physical distancing by keeping two metres or more apart

when on our worksites.

2.4.3 Travel

If you have travelled out of the Country within the last 14 days you must self-isolate and are not

permitted on our worksites.

2.4.4 Wash your hands

The most important thing you can do to prevent infection and protect you and the people you work

with is to wash your hands regularly and avoid touching your face.

To help reduce your risk of infection:

Wash your hands often with soap and water for at least 20 seconds. Using soap and water is the

single most effective way of reducing the spread of infection.

If a sink is not available, alcohol based hand rubs (ABHR) can be used to clean your hands as long

as they are not visibly soiled. If they are visibly soiled, use a wipe and then ABHR to effectively

clean them.

Do not touch your face, eyes, nose, or mouth with unwashed hands.

Cover your mouth and nose with a disposable tissue or the crease of your elbow when you sneeze

or cough.

Regularly clean and disinfect frequently touched surfaces.

Do not share food, drinks, utensils, etc.

2.4.5 Changes in Covid-19 Safety Protocols

As events and situations change, the City reserves the right to put in place more stringent measures to

protect the health and well-being of all participants at the site meeting. In the event this happens,

https://covid19.thrive.health/



Proponent representatives will be made aware of the requirements and will be given adequate time to

prepare.

2.5 Bid Validity

Tender submissions must be valid for ninety (90) days.

2.6 Mandatory Requirements

The City will only consider Tenders from Bidders that meet the following mandatory requirements:

a. Tender must be received no later than the Closing Date and Time, at the Closing Location;

b. Schedule A to G (separately posted excel spreadsheet) must be submitted for the category

or categories, for which a Bidder can provide;

c. The cover page of the separately posted excel spreadsheet must be signed and each

Schedule being submitted must be initialled by a person authorized to sign on behalf of the

Bidder and to bind the Bidder to statements made in response to this RFT and if the Tender

is by joint venture, each Bidder of the joint venture must sign and initial;

d. No equivalent Products will be considered; and

e. Bidders must provide pricing for all products listed on each of the schedules, being bid on,

as partial bids will not be given consideration.

2.7 Inquiries and Clarifications Related to this RFT

All inquiries regarding this RFT are to be directed in writing via email to the following:

Debbie Bezenar, Buyer; [email protected].

All enquiries must be received no less than five (5) business days before the Established Close Date and

Time. Questions received after this date will be responded to at the City’s discretion, and responses

cannot be guaranteed.

Information obtained from any other source is not official and no verbal communication will modify the

terms of this RFT.

Bidders are required to check the City’s website for all information up to the Established Closing Date

and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

2.8 Addenda / Question and Answers

If the City determines that an Addendum is necessary, it will be posted on the City’s website, and it shall

become part in parcel of the RFT Documents.


https://www.nanaimo.ca/bid-opportunities/



a. Questions that alter the method, pricing and or specifications of the submission will be

posted in the form of an Addenda, and must be signed and included with the submission.

b. Questions for clarification that do not alter the method and pricing of the submission will

be posted in the form of a Question and Answer document and will not require a signature

or to be returned with the submission.

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

communication will affect or modify the terms of this RFT.

Bidders are required to check the City’s website for all information issued up to the Established Closing

Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

It is the responsibility of the Bidder to ensure that it has received any Addenda issued.

2.9 Amendment to Tenders

Bidders may amend their Tenders after submission provided each revision is submitted and is received

at the Closing Location and before the Established Closing Date and Time.

An authorized signatory of the Bidder must sign revisions.

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

2.10 Accuracy of Information

The City makes no representation or warranty; either expressed or implied, with respect to the accuracy or completeness of any information contained or referred to in this RFT.

2.11 Error in Submission

No Submission shall be altered, amended, or withdrawn after the Established Closing Date and Time of

the RFT. Negligence on the part of the Bidder in preparing their Tender confers no right for withdrawal

of the Tender after it has been opened.

While the City has taken considerable efforts to ensure an accurate representation of information in

each respective RFT, the information contained in the RFT is supplied solely as a guideline for the Bidder

and is not necessarily comprehensive or exhaustive. Nothing in a City RFT is intended to relieve the

Bidder from forming their own opinions and conclusions in respect of the matters addressed in the RFT.

https://www.nanaimo.ca/bid-opportunities/



2.12 Withdrawal of Tenders

The Bidder may withdraw their Tender at any time prior to the Established Closing Date and Time by

submitting an email to [email protected]; subject line should be identified with the

following; RFT No. 2626 Supply and Deliver Municipal Waterworks Parts, and thereafter the

Submission will not be considered.

2.13 Ownership of Tenders / Submissions

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

response to this RFT become the property of the City.

2.14 No Claim for Compensation

The Bidder will bear all costs associated with or incurred in the preparation and submission of the

Tender.

Further to the preceding paragraph, the Bidder, by submitting a Tender acknowledges and agrees that

the City will not be responsible for any costs, expenses, losses, damages (including damages for loss of

anticipated profit) or liabilities incurred by the Bidder, as a result of or arising out of submitting a

Tender. In addition, due to the City’s acceptance or non-acceptance of their Tender or any breach by

the City of the bid Contract between the City and each of the Bidders or arising out of any Contract

award not made in accordance with the express or implied terms of the RFT documents.

2.15 Conflict of Interest

By submitting a Tender, the Bidder warrants that neither it nor any of its officers, or directors, or any

employee with authority to bind the Bidder, has any financial or personal relationship with an employee

of the City. In addition, has no affiliation with any elected official or employee of the City or their

immediate families, which may be seen by the City to create a conflict.

2.16 Solicitation of Council Members and City Staff

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

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

any time.

2.17 No Collusion

Bidders will not discuss or communicate with one another on the preparation of their Tender. Each

Bidder will ensure that its participation and that of its team members, in the RFT process is conducted




without collusion or fraud. Failure to comply with this requirement may lead to disqualification without

further notice or warning.

2.18 Joint Submission

In the case of joint submissions, one party must assume overall responsibility, for communications

within the RFT process and be identified accordingly in the Tender, but all parties must be jointly and

severally responsible for completion of any resulting Contract.

2.19 Freedom of Information and Privacy Protection Act (FOIPPA)

The City advises Bidders that submissions may be subject to the provisions of FOIPPA and the

Community Charter. Bidders who wish to ensure particular parts of their submission are protected from

disclosure under FOIPPA should specifically identify those portions that constitute a) trade secrets, and

b) that are supplied in confidence, and c) the release of which could significantly harm their competitive

position. Information that does not meet all three of the foregoing criteria may be subject to disclosure

to third parties. Personal information provided in the submission will be collected pursuant to FOIPPA

and the Community Charter. The personal information will not be released except in accordance with

the FOIPPA. Questions about the collection of your personal information may be referred to the

Legislative Services Department at (250) 755-4405, or via email at [email protected].

2.20 Litigation Clause

The City may at its sole discretion, reject a Tender submitted by Bidders if the Bidder, or any officer or

director of the Bidder 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 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

Tender.

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

is likely to affect the Bidder’s ability to work with the City. In addition to work with its consultants and

representatives and whether the City’s experience with the Bidder 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

Bidder.




2.21 Checking of Tenders

Bids will be opened and checked by the City to ensure that:

a. All Bids submitted comply with the terms and conditions of the Bid Documents;

b. The required Bid security is provided and properly executed;

c. All arithmetic extension calculations are correct;

Where there is an obvious error in extensions, additions or computations, the City shall be

entitled to correct such errors based on the unit prices supplied, and the corrected total

shall be considered as representing the intention of the Bidder, and shall be used as the

basis for comparison of Bids. For greater certainty, any failure by a Bidder to insert a unit

price where required shall be deemed to be a $ 0.00 value;

d. All items as specified have been bid on; and

e. No claims or litigation proceedings have been instituted by the Bidder against the City, or

in turn by the City against the Bidder.

2.22 Award Notifications

The successful Bidder will be notified in writing and required contractual obligations will need to be

fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for

results of the opportunity as unsuccessful Bidders will not be notified.

2.23 Opening of the Tenders

There will be a public opening for this RFT.



General Terms and Conditions

3.1 Right of the City to Cancel the RFT Process

The City is not bound to select a Bidder or accept any Submission and reserves the right in its sole

discretion to postpone or cancel this RFT process at any time for any reason whatsoever at the sole

discretion of the City. The City reserves the right to cancel this RFT if all Submissions are over budget.

3.2 Acceptance and Rejection of Tenders

The City reserves the right to:

Assess the ability of the Bidder to perform the contract and may reject any Tender where, in the

City’s sole estimation, the personnel and/or resources of the Bidder are insufficient;

In the event of an obvious uneven bid, the City reserves the right to attain clarification from the

Bidder;

The City may accept or waive a minor and inconsequential irregularity, or where applicable to do so,

the City may, as a condition of acceptance of the Tender; request a Bidder to correct a minor or

inconsequential irregularity with no change in the Tender.

The determination of what is or is not a minor bid irregularity, the determination of whether to accept,

waive, or require correction of an irregularity and the final determination of the validity, will be the sole

discretion of the City.

3.3 Gifts and Donations

The Successful Bidder will ensure that no representative of the Successful Bidder will offer or extend

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

the City. The Successful Bidder will report any attempt by any employee of The City to obtain such

favours to the City of Nanaimo’s Chief Administrative Officer.

3.4 Contractor Performance

The Contractor will be evaluated on their performance throughout the term of this Agreement.

Contractors achieving a less than satisfactory rating under the evaluation will be notified and required

to create and implement a corrective action plan that addresses any shortfall in the Contractor’s

performance. If the Contractor fails to create or implement the corrective action plan or if the

Contractor’s performance level does not improve The City may take further action including but not

limited to cancelling the Agreement and/or suspension of the Contractor from future bidding

opportunities.



3.5 Invoicing and Payment

Invoices should be sent to the City’s Accounts Payable Department at the following email address;

[email protected] and should include as a minimum:

Purchase Order number;

Contract Document Number, if applicable;

City contact full name (first and last);

Applicable taxes shown as a separate line item

Payment term is Net (30) days from receipt of an accurate 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 without penalty.

No payment for extras shall be made by the City, unless the City’s designated project Manager

authorizes such extras.

3.6 Performance of the Work

The Contractor must perform all Work in accordance with all the terms and conditions of the Contract,

in accordance with all applicable Law, and in accordance with best industry practice.

3.7 Key Personnel

The City may require the Contractor to submit to the City a list of Key Personnel, which the Contractor

is proposing for performance of the Work.

If the Contractor’s list of its proposed Key Personnel has been approved by the City, the Contractor

must not make any substitution of the approved Key Personnel without prior written consent of the

City. The City’s consent must not be reasonably withheld however, the Contractor’s substitute must

be of equivalent experience or qualifications or both.




3.8 Notification of Award

The Successful Bidder will be notified in writing and the required contractual obligations will need to be

fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for

results of the opportunity as unsuccessful Bidders will not be notified in writing.

3.9 Indemnification

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). Where the same

or any of them are based upon or arising in any way out of or connected with this RFT document, 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.

3.10 Form of Contract

The Contract Documents include and consist of:

a. This RFT document, including any Addenda and attachments as issued by the City;

b. The Bidder’s submission, as accepted by the City;

c. City’s Purchase Order; and

d. May contain other documentation not mention herein, as mutually agreeable.

3.11 Independent Contractor

The Contractor, their 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.

3.12 Non-Exclusivity and Coordination of Work

The City may enter into other agreements with other Contractors in connection with the Project. If

the City does enter into such additional agreements, the Contractor must coordinate the performance

of its Work with the work of the other Contractors.

3.13 Governing Law

The laws of the Province of British Columbia shall govern this Contract.



3.14 Permits and Regulations

In carrying out its obligations of the Contract, the Contractor shall comply with all applicable laws,

bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities,

and shall obtain all necessary licenses, permits and registrations as may be required by law.

The Contractor must obtain and pay for all permits and licenses required to enable the Contractor to

do all things necessary to perform the contract according to the provisions of the Contract.

If the City is not required to hold back a Builder’s Lien Fund, the City may nevertheless, at its

discretion, hold back an equivalent amount of money as would be held back in the Builder’s Lien Fund

from each payment made under the Contract to the Contractor until construction completion.

3.15 Termination of Contract

The City reserves the right, at its sole discretion, to terminate the agreement, in whole or in part, if

the Successful Bidder receives three (3) written notices for any one or more of the following reasons:

a. Failure to deliver the promised Services at the required time and location; or

b. Failure to provide qualified personnel to perform the Services; or

c. Failure to provide satisfactory Work; or

d. Fails to meet the City’s standard of expected and agreed level of Services and performance; or

e. Performing unsafe acts while on City property that could pose a threat to the safety of the City

Staff or Public:

f. Safety infractions; or

g. Places unknown Personnel, Sub-Contractor or assignment of the Services to others; or

h. Any other reason considered appropriate, at the sole discretion of the City.

Upon termination of the Contract, the City will be under no further obligation to the Successful

Bidder, except to pay to any outstanding amounts that the Successful Bidder may be entitled to

receive up to the date of termination. Such termination will not result in any penalty to the City.

3.16 Cancellation

The Contract may be cancelled by either party for any reason without cause or penalty upon thirty

(30) calendar day’s written notice.

3.17 Fuel Consumption Data Reporting

The City, along with 95% of other local BC governments, signed the BC Climate Action Charter in 2007.

As part of the Charter requirements, the City must measure and report on the City’s overall greenhouse

gas (GHG) emissions each year, which includes contracted emissions. As a result, the City of Nanaimo is



required to track and report on contracted emissions that are derived from fossil fuel consumption used

to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel,

propane, and bio-fossil fuel blends.

The Contractor shall communicate the quantity of fuel used to operate vehicles, equipment, and

machinery as part of the supply and delivery of goods and or services as described in this bid document

on an annual basis. Fuel consumption associated with the provision of the supply and delivery of the

goods and or services must be provided to the City of Nanaimo within thirty-one (31) days of the

calendar year ending December 31 annually. Data provided must be completed as outlined on the

Contractor Fuel Reporting Consumption Worksheet Appendix B.

3.18 Dispute Resolution

The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising from the

Agreement; using the dispute resolution procedures set out in this section or otherwise agreeable.

1. Negotiation: The parties will make reasonable efforts to resolve any Disputes by amicable

negotiations and will provide frank, candid and timely disclosure of all relevant facts,

information and documents to facilitate negotiations.

2. Mediation: If all or any portion of a Dispute cannot be resolved by good faith negotiations within

(30) days, either party may by notice to the other party refer the matter to mediation. Within

(7) business days of delivery of the notice, the parties will mutually appoint a mediator. If the

parties fail to agree on the appointment of the mediator, then either party may apply to the

British Columbia International Commercial Arbitration Centre for appointment of a mediator.

The parties will continue to negotiate in good faith to resolve the Dispute with the assistance

of the mediator. The place of mediation will be Nanaimo, British Columbia. Each party will

equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear

its own costs of participating in the mediation.

3. Litigation: If within (90) days of the request for mediation the Dispute is not settled, or if the

mediator advises that there is no reasonable possibility of the parties reaching a negotiated

resolution, then either party may without further notice commence litigation.

3.19 Time is of the Essence

The Bidder acknowledges that time is of the essence with respect to the Work requirements contained herein.



Project Specifications

4.1 Requirements

All products listed in Schedules A to G, will be ordered on an as, if, and when required basis, or not at all.

Quantities contained in this RFT are estimated quantities, and in no way guarantee future purchases and / or transactions.

4.2 Changes to requirements

During the term of the contract, the City reserves the right to remove, add or modify Products based on the operational needs of the City and at no penalty to the City.

4.3 Standard Delivery Requirements

a. Generally, the delivery location is; Purchasing & Stores building, 2020 Labieux Road, Nanaimo, B.C.

b. The City requires no charge delivery of normal stock items next day. c. No minimum order size. d. In the event of an emergency order, the City’s expectation is same day delivery at nominal or

no charge. The suggested charge must be mentioned in the submission. Additionally, the City may exercise the non-exclusivity clause and order from another source.

e. In the event that the Successful Bidder cannot ship within the expected period, they must immediately notify the City’s designated project manager.

f. The Successful Bidder of items, i.e. in Schedule G must have the availability to unload independently without a forklift from their trucks large quantities (spools) at job site.

g. All items in each of the Schedules must be priced, partially priced Schedules will not be considered. No Charge items will not be accepted.

h. Bidders should be prepared to have their Tender prices accepted for one (1) or more of the Schedules.

NOTE: ALL PRODUCTS THAT ARE PROVIDED IN ROLLS MUST BE WRAPPED SECURELY FOR SAFE STORAGE AND USAGE.

4.4 Safety

All personnel are required to wear a Safety vest and protective footwear at the Public Works Yard, or at any job site; this includes delivery personnel.

4.5 Compliance with City of Nanaimo Approved Products List

Only approved products, as listed in the City of Nanaimo Approved Products List (APL), as per the latest revision, as per attached list will be considered, except where otherwise stated in Appendix ‘I’ Form of Tender. The APL is supplemental to the Manual of Engineering Standards and Specifications (MOESS).



It lists all municipal infrastructure products approved for use within the City. It cross-references each section number in the MOESS, where the particular product is specified. Equivalents will not be given consideration.

The current City of Nanaimo Approved Products List is located at the following hyperlink: https://www.nanaimo.ca/doing-business/doing-business-with-the-city/engineering-and-public-works-

approved-products.

The Supplier represents and warrants that all Products that have been priced on the Schedule A to G are in accordance and comply with the City of Nanaimo Approved Products List, latest edition.

https://www.nanaimo.ca/doing-business/doing-business-with-the-city/engineering-and-public-works-approved-products

https://www.nanaimo.ca/doing-business/doing-business-with-the-city/engineering-and-public-works-approved-products



Bidder’s Information Form

Bidders must complete this form and include with the Tender Submission.

Please ensure all information is in ink and legible.

2.1 Company Name

2.2 Bidder’s Main Contact Individual

2.3 Address (include postal code)

2.4 Office Phone #

2.5 Cellular #

2.6 Email address

Signature: _________________________________________________________________________

Print Name: __________________________________________ Date _____________________

Note: All forms that require a signature must be signed by a person authorized to legally bind the

Bidder to statements made in response to this RFT.

The Bidder hereby acknowledges that:

1.1. it understands and agrees with the RFT process as described in this RFT; and, in addition; and

1.2. verifies the information included in the Tender is correct, and it has thoroughly reviewed, and

has complied with the documents making up their Tender, including all specifications.



Appendix A - Fuel Reporting Consumption Worksheet Instructions

GENERAL INFORMATION

This form contains the worksheet for the “Contractor Reporting Fuel Consumption Worksheet”, which

applies to any Suppliers who have new or renewed contracts with the City of Nanaimo beginning on

or after June 1st, 2012.

Contractors can choose to report their fuel consumption according to the frequency that works best

for them (e.g. by invoice, monthly, quarterly, or annually), although reporting on an invoice- by-

invoice basis is recommended. At a minimum, fuel consumption must be reported annually. The due

date for the fuel consumption worksheet(s) for the calendar year will be January 31st of the following

year.

Please note that you will only need to report fuel consumption data for fuel used in the delivery of a

service to the City.

Why do I have to report my fuel consumption?

The City of Nanaimo, along with 95% of other local BC governments, signed the BC Climate Action

Charter in 2007. As part of the Charter requirements, the City must measure and report on the City’s

overall greenhouse gas (GHG) emissions each year, which was recently changed to include contracted

emissions.

Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions

that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery.

These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends.

The City of Nanaimo is required to request specific vehicle and fuel consumption data from Suppliers,

which will facilitate the calculation of greenhouse gas emissions by applying standardized emission

factors.

If you would like further information with regard to BC’s Climate Action Charter, and BC’s

commitment to becoming carbon-neutral, please visit the Ministry of Environment website at:

https://www2.gov.bc.ca/gov/content/environment/climate-change/public-sector/carbon-neutral

With regard to fuel consumption, the City is required to collect and report on the total amount of

fuel that is consumed by your equipment while providing services to the City.

This calculation may require the use of professional judgment and some estimates. Please see

the following sample ideas as to how to calculate the City’s portion of fuel consumption:

https://www2.gov.bc.ca/gov/content/environment/climate-change/public-sector/carbon-neutral



Method 1 – Determine what percentage of your revenues (or what percentage of your costs) come

from the City

1. For example, if approximately 20% of your overall revenues come from a City contract,

it would be logical that around 20% of your fuel consumption would be attributed to

the City. If you have reports that show your overall fuel consumption, you could apply

this percentage to your overall fuel consumption.

Method 2 – Determine which specific vehicles or equipment are used for the City contract

2. If you have specific vehicles and equipment that are assigned to the City, or assigned to

the Nanaimo area, you could obtain the fuel consumption information for those, figure

out what percentage of the contract revenue comes from the City, and apply that factor

to come up with the overall fuel consumption that is City related.

What if I don’t have fuel consumption information?

Accounting records can be used to figure out the approximate number of litres consumed during the

year. For example, if the company spent $10,000 on fuel in 2015, and the average price per litre was

$1.20 throughout the year, then approximately 8,333 litres of fuel were consumed.

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 r Gasoline 325 Litres

- Four door passenger cars r Diesel ______________ ______________

- Station wagons r Propane ______________ ______________

r Natural Gas ______________ ______________

r Other ________________ ______________ ______________

Light Duty Truck

- SUV's r Gasoline 1234 Litres

- Minivans r Diesel ______________ ______________

- Full size vans r Propane ______________ ______________

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

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

Heavy Duty Truck

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

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

r Propane ______________ ______________

r Natural Gas ______________ ______________

r Other ________________ ______________ ______________

Off Road Vehicles and Portable Equipment

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

- Snowmobiles r Diesel ______________ ______________

- ATV's r Propane ______________ ______________

- Lawnmowers and trimmers r Natural Gas ______________ ______________

- Tractors r Other ________________ ______________ ______________

- Construction equipment

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

_______________________________________________

Signature Title Date (dd/mm/yyyy)

Version: April 2, 2020

Appendix C - COVID-19: Fit for Duty Questionnaire

To prevent the spread of the novel coronavirus (COVID-19) in our community and reduce the risk of exposure within our workplace, each employee of and visitor to City of Nanaimo is required to complete this Fit for Duty Questionnaire. Contractors/Visitors will be required to complete this form daily.

Date: Time:

Contractor Employee/Visitor’s Name (First/Last): Contractor Supervisor/Manager Name:

City of Nanaimo Contact Name: City of Nanaimo Worksite Location:

Self-Declaration by Employee/Visitor

1 Are you sick or exhibiting any of the following symptoms? ☐ Yes ☐ No

☐ Fever ☐ Dry cough ☐ Body aches ☐ Headache

☐ Sore throat ☐ Runny nose ☐ Tiredness ☐ Shortness of breath

2 Have you travelled outside of Canada in the last 14 days? ☐ Yes ☐ No

If yes, which country(s)

Travel dates (Departure): (Return):

3 Is anyone in your household currently isolated (self or directed) or identified as a COVID- 19 confirmed or suspected case?

☐ Yes ☐ No

Note: If you have answered YES to any of the questions, please call your supervisor/manager and City of Nanaimo contact person immediately before entering the workplace.

I (print name) acknowledge and confirm that I am fit for duty and not experiencing any flu-like symptoms and agree to report to my supervisor/manager and City of Nanaimo contact immediately should my conditions change.

Contractor/Visitor Signature: _________________________________

Date Signed: ____________________________

*Forms shall be submitted to the City of Nanaimo Contact Person and maintained accordingly.

Freedom of Information and Protection of Privacy Act (FOIPPA) Information collected on this form is done so under the general authority of the Community Charter and FOIPPA, and is protected in accordance with FOIPPA. Personal information will only be used by authorized staff to fulfill the purpose for which it was originally collected, or for a use consistent with that purpose.

REQUEST FOR TENDER No. 2626 ISSUED: June 23, 2020

Documents

Transcript of REQUEST FOR TENDER No. 2626 ISSUED: June 23, 2020