Professional Documents
Culture Documents
2039 RFP Document
2039 RFP Document
2039
Closing Location:
Purchasing Department
2020 Labieux Road
Nanaimo, BC V9T 6J9
And
TABLE OF CONTENTS
Section 1.0 Overview ..............................................................................................................................................4
1.1 Project Overview..........................................................................................................................................4
1.2 Intended Term of Agreement ......................................................................................................................4
1.3 Intention of Award .......................................................................................................................................4
1.4 No Exclusivity ...............................................................................................................................................4
Section 2.0 Definitions ............................................................................................................................................5
Section 3.0 Instructions to Proponents ..................................................................................................................6
3.1 RFP Closing Date and Submission Instructions ............................................................................................6
3.2 RFP Schedule ................................................................................................................................................6
3.3 Inquiries and Clarifications...........................................................................................................................7
3.4 Addenda / Addendum..................................................................................................................................7
3.5 Withdrawal of Proposals..............................................................................................................................7
3.7 No Claims .....................................................................................................................................................7
3.8 Gifts and Donations .....................................................................................................................................7
3.9 Examination of RFP Proposal Documents and Facilities ..............................................................................8
3.10 Debriefing.....................................................................................................................................................8
Section 4.0 General Terms and Conditions.............................................................................................................9
4.1 Acceptance of Terms ...................................................................................................................................9
4.2 The City Reserve Rights ................................................................................................................................9
4.3 Proposed Form of Agreement Documents ..................................................................................................9
4.4 Request for Price Adjustment ......................................................................................................................9
4.5 Indemnity .................................................................................................................................................. 10
4.6 Freedom of Information and Privacy Protection Act (FOIPPA)................................................................. 10
4.7 Ownership of Proposals ............................................................................................................................ 10
4.8 Working Language .................................................................................................................................... 10
4.9 Not a Binding Agreement.......................................................................................................................... 10
4.10 Insurance Requirements ........................................................................................................................... 11
4.11 WorkSafe BC ............................................................................................................................................. 11
4.12 Business License ........................................................................................................................................ 11
4.13 Licenses and Permits................................................................................................................................. 12
4.14 Laws of British Columbia ........................................................................................................................... 12
4.15 Fuel Consumption Data Reporting ............................................................................................................ 12
4.17 Damage and Defects ................................................................................................................................. 12
4.18 Termination of Agreement ....................................................................................................................... 13
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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 Chief Administrative Officer.
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4.5 Indemnity
The Successful Proponent agrees to indemnify, defend and save harmless the City, including and without
limitation, to its Council Members, agents, servants and employees. This will be from and against all suits,
claims, demands, losses, damages, expenses and costs made against or incurred, suffered or sustained
by the City at any time or times (either before or after the expiration or termination of this Agreement).
Where the same or any of them are based upon or arise out of or from anything done or omitted to be
done by the Successful Proponent or by any servant, employee, officers, director or Sub-contractor, the
Successful Proponent pursuant to the Agreement excepting always liability out of the independent acts
of the City.
4.6 Freedom of Information and Privacy Protection Act (FOIPPA)
The contents of the Proposal are subject to the Freedom of Information and Privacy Protection Act
(FOIPPA). The Proponent should note within its Proposal whether it considers any part of the Proposal as
proprietary or trade secret. The City attempts to keep, to the best of its ability, proprietary or trade secret
material confidential, only to the extent permitted by law. Notwithstanding the foregoing, the City has
the sole discretion in determining whether any part(s) of Proponent Proposals contain information that
is exempt from FOIPPA legislation.
4.7 Ownership of Proposals
All Proposals submitted, other than any Proposal withdrawn prior to the Closing Date and Time of
Proposals or any late Proposals, become the property of the City and will not be returned to Proponents.
4.8 Working Language
The working language of the City is English and all Proposals must be submitted in English.
4.9 Not a Binding Agreement
Issuance of this RFP, the Proponent’s preparation of a Proposal, and the subsequent receipt and
evaluation of the Proposal by the City does not obligate the City in any manner whatsoever, including
awarding an Agreement to any Proponent. Only the full execution and delivery of the final Agreement
Documents between all parties will obligate the City in accordance with the Agreement terms and
conditions.
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place of mediation will be Nanaimo, British Columbia. Each party will equally bear the costs of the
mediator and other out-of-pocket costs, and each party will bear its own costs of participating in
the mediation.
c. Litigation: If within (90) days of the request for mediation the Dispute is not settled, or if the
mediator advises that there is no reasonable possibility of the parties reaching a negotiated
resolution, then either party may without further notice commence litigation.
4.22 Minimum Rate of Pay
Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401
Article 31 – Contract or Sub-Contracts
This agreement shall be subject to the following condition:
“Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified
in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local
401.”
In the event the City has concerns that a Contractor is in violation of Article 31, the following shall apply:
a. The City shall immediately inform the Contractor of its concerns and require the Contractor to
comply.
b. The City shall follow up Contract and if violation still exists within thirty (30) days provide
written request for compliance.
c. If violation continues, the City shall provide second request within a further thirty (30) days
and demand compliance or Contract forfeiture may occur.
d. If violation continues, the City shall provide final request within a further thirty (30) days and
may give two weeks’ notice for failure to comply with provision of Contract.
e. The City may terminate the Contract and/or withhold funds and/or require the Contractor to
submit appropriate monies to rectify the breach of Contract.
f. If the City does not require forfeiture, such decision must be for bona fide operational or legal
reasons.
g. Notwithstanding the above, the City may proceed to (d) or (e) directly.
As per Appendix E.
4.23 Freedom of Information
All Submissions are subject to the Freedom of Information and Protection of Privacy Act (FIPPA).
In addition, all 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.
4.24 Confidentiality
Proponents shall clearly identify any specific information and/or records that it provides in their
Submission that constitute a trade secret, is supplied in confidence; and, the release of which could
significantly harm its competitive position.
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c. Describe how you can ensure a technician is on-site within (24) hours of a service call for non-
emergency services. If unable to meet a (24) hour response for non-emergency service, please
explain and clearly state what your commitment is.
d. Describe how you are able to receive and respond, within (1) hour by telephone, to any
unscheduled and/or emergency service requests 24 hours per day, 7 days per week. If you are
unable to meet this requirement, please explain and clearly state what your commitment is.
e. Describe the warranty your company offers on workmanship, repairs, new parts, equipment, and
any other items that may fall under this category.
5.3.3 Proposed Rates
Where priced proposals are requested, ensure that Appendix A is completed, and include all costs to
complete the scope of work. Any applicable taxes should be shown as a separate line item.
5.3.4 Sustainable Practices
Describe any environmental friendly products and practices you have in regard to the type of services
you would be providing to the City.
5.4 Evaluation of Proposals
Proposals will be evaluated on a category basis as follows:
Stage 1 – Proposal Eligibility
The City will examine all Proposals that meet the eligibility requirements as set out herein.
Stage 2 – Weighted Evaluation
The City will evaluate the eligible Proposals based on the Evaluation Criteria in 5.2 using a weighted
evaluation scoring method. Proposals will be evaluated using a scoring scale of 1-5 with the resulting
score then multiplied by the pre-determined weighted evaluation value for each particular criterion. The
weighted score for each item will be added together to arrive at an aggregate (total) score for the
evaluation and ranking for all Proposals. The City will assign scores at the sole discretion of the City.
Where priced Proposals are required, the following equation will be used to allocate the points. The
lowest proposed price will receive the full value of the allocated points. Each additional Proponent will
receive a percentage of the total possible points by dividing the proposed price into the lowest price. i.e.
lowest proposed price is $10.00 from Proponent A and the allocated points for pricing is 10 points.
Proponent A receives 10 points. Proponent B submits a proposed price of $12.00. Proponent B receives
8 points ($10.00/$12.00*10=8)
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Proponents and their agents will not contact any member of the City Council or City Staff with respect to
this RFQ, other than the City Representative named in this document or authorized by Purchasing, at any
time.
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Number
Facility Year Make Model
on Site
Beban Park Pool 2300 Bowen Rd. 1974 Cleaver Brooks CB-100-125 2
Beban House 2300 Bowen Road Burnham Boiler V-18
1
Bowen Park Complex 1997 Weil McLain Gas-Fired Boiler PFG-8-PI
1
500 Bowen Rd.
City Hall 2012 LAARS NeoTherm Modulating NTH150NCN2
1
455 Wallace St. Boiler (installed 2013)
Community Services Bldg. 285 2001 Burnham Boiler 8088-WI
2
Prideaux St. 2003 Burnham Series 8B Gas Boiler 808NEIL20
Fire Hall No. 1 666 Fitzwilliam St 1967 Bryan Water Tube Boiler 415-W-ST 1
Fire Hall No. 4 1425 Cranberry 2011 Viessman Vitodens 200
2
Ave.
Harewood Activity Centre (old 1991 Hydro Therm M#: R-180B
1
fire hall) S# CHA-1411
Kin Pool, Bowen Park, 500 2010 Laars Atmospheric Boiler AP1010IN11C1QCU 1
Bowen Road H
Nanaimo Aquatic Centre 2011 Thermal Solutions Evolution EVCA2000
3
741 Third Street BN1-UAF
Nanaimo Ice Centre 2004 A.O. Smith Burkay Cooper HW-610 104
2
750 Third Street 2005 Boiler
Oliver Woods Recreation Centre 2008 AAE Series Gas Boilers, AAE600-N-E-MOD
1
6000 Oliver Road AAE600 Superhot
Service and Resource Centre 411 2011 IBC Technologies SL 80-399 HP
1
Dunsmuir St. (installed 2012)
The Port Theatre 125 Front 2011 Allied Engineering Superhot AAE Series
2
Street Boiler AAE-600
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6.3.0 Qualifications
6.3.1 The Contractor shall be capable of performing all Work required herein.
6.3.2 All personnel performing boiler inspection, maintenance or repairs shall be appropriately certified
to perform the Work on the specific equipment.
6.3.3 All work shall be carried out by a qualified Contractor with the appropriate Trade qualification Card
and in compliance with the conditions of the Provincial WCB Regulation and WHMIS legislation. In
particular, the following certifications are mandatory:
x Class A gas fitter; and
x Class A Contractor for Boiler, Pressure Vessel, and Pressure Piping (B.C. Reg. 104/2004 Safety
Standards Act, Power Engineers, Boilers, Pressure Vessel, and Refrigeration Safety Regulation).
The names of the personnel and copies of the licenses and or certificate(s) are required to be
submitted with the submission.
6.5.0 Sub-Contractors
5.1 The Successful Contractor is expected to have their own journeyman on staff. However if after
becoming involved in a project for the City, it is found by the Contractor that they cannot do part
of the job due to it being out of their trade skills, a Sub-Contractor may be called only after approval
from the City’s designate.
6.7.0 Materials
6.7.1 All materials shall conform to all applicable codes, by-laws, or other relevant standards of British
Columbia, most recent version.
6.7.2 All materials must be new and of high standard of quality.
6.7.3 The Contractor shall repair or replace any inoperative or damaged components. The replacement
components should be replaced with the Original Equipment Manufacturers (OEM) parts wherever
possible.
6.7.4 The Contractor agrees to submit invoices at net Contractor cost for the required materials
purchased plus the mark-up as indicated in Schedule A – Proposed Rates.
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Heat Exchangers
Remove tube bundles of water box heads and clean internally and externally.
Check for signs of corrosion
Air Vents
Check to ensure they are operating properly.
Strainers
Check strainer basket and clean.
Fan (Only exhaust fans located in boiler room.)
Check bearings, including those of the motor for excessive endplay.
Inspect fan scrolls and wheels for rust and an accumulation of dirt.
Check fan wheels for corrosion.
Check the condition of the sheaves and belts.
Grilles, Registers & Diffusers
Remove and clean (mechanical room only).
Perform Maintenance and Testing on Relief Valve
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Inspect the venting system for obstruction or leakage. Clean the screens in the vent
terminal and combustion air terminal.
If the appliance is not going to be used for extended periods in locations where freezing
normally occurs, it should be isolated from the system and completely drained of all
water.
Low water cutoffs, if installed, should be checked every year. Float type low water
cutoffs should be flushed.
Inspect and clean the condensate collection, float switch and disposal system
When a means is provided to neutralize condensate, ensure that the condensate is
being neutralized properly.
Inspect flue passages, and clean with brushes/vacuums.
Inspect the vent system and air intake system, and ensure that all joints are sealed
properly.
Appliance Maintenance
Check appliance control
Check automatic gas valve
Check pressure switches
Check blower
Check pump
Check flow switch
Check low water cutoff
Clean burner.
Inspect heat exchanger for cracks or corrosion
Perform Maintenance and Testing on Relief Valve
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Oil motor. Only a good grade of “medium” detergent-free automobile engine oil should be
sued. Twice each year one teaspoon of oil should be poured slowly into the oil cup.
Start burner:
o Do not start burner when combustion chamber is hot or when oil vapor is present in
furnace.
o See that all valves in the oil lines are open.
o With main cut out switch in oil burner electrical circuit in “OFF” position set
thermostat at a point above room temperature.
o Set electrical “switch to “ON” position. If burner fails to start instantly set master
switch to “OFF” position and call service man.
o If burner starts to operate normally, leave switch “ON” and RESET thermostat to
temperature desired.
Clean the unit and burner to make sure that the burner is operating properly 1
Perform Maintenance and Testing on Relief Valve
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Control Module
The control module has 5 cycles during normal operation. Check that boiler operation
is consistent with the Sequence of Operation:
1) Standby
2) Purging
3) Ignition cycle
4) Heating cycle
5) Circulating cycle
Error Mode
Check that water temperature targets and set point is satisfactory and have not been
adversely amended.
Check the operating history using the screen: - Use Installer Setup // Logs, to scan for
hours of service, cycles per hour, and any logged errors. One method is to use the
graphical presentation of the duty cycle by load - go to Logs, move the cursor to a load
and push “Enter” to access. This gives a profile of the boiler’s duty cycle by throttle level.
If a problem exists with the control, consult troubleshooting guide.
Water
Check water pressure and temperature. There should be no noticeable change if boiler
is functioning normally. Check for any noise in the system.
Check water piping for damage or leaks and repair as needed.
Check for 12-15 psig in normal operation, and look to ensure pressure does not run up
toward 30 psig at high temperature. If pressure rises sharply, consider replacement of
expansion tank. Check also for noise at high fire, which may signal water quality
problems.
Water chemistry shall be of a quality generally accepted as suitable for hydronic
applications.
Ensure any direct “city fill” water connections are left in the closed position to minimize
exposure to leaks and flooding.
Freeze Protection
Check freeze protection. Use only antifreeze made specifically for hydronic systems.
Inhibited propylene glycol is recommended. Antifreeze volume must not exceed 50% of
the total volume of water in the system.
Boiler Treatment
Check consistency of any boiler treatment used, for appropriate mixture. Chemical
inhibitors are consumed over time, lowering their density.
Verify proper operation after servicing.
Relief Valve – Maintenance and Testing
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6.14.2 The Contractor shall fully cooperate and transition the performance of services required under this
Agreement to other contractors under other agreements when applicable.
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PURCHASING DEPARTMENT
2020 Labieux Road, Nanaimo, BC, V9T 6J9
In addition, those parts not referenced above but, if agreeable and required.
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Signature: _____________________________________________________________
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Schedule B - Prime Contractor
Agreement
Prime Contractor:
AGREEMENT
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:
x Records of all orientation and regular safety meetings held between contractors and their workers,
including topics discussed, worker names and companies in attendance.
x Written evidence of regular inspections within the workplace.
x Occupational first aid records.
x Worker training records.
x Current list of the name of a qualified person designated to be responsible for each subcontractor
(employer’s) site health and safety activities.
x Diagram of the emergency route to the hospital.
Safety Supervisor:
Signature of City
Contract Representative:
EXISTING KNOWN HAZARD ASSESSMENT
Discussion between the Prime Contractor and the City Contract Representative
Prime Contractor:
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.
Comment:
Comment:
4. Cellular number
5. Pager number
6. Fax number
7. Email address
8. Website
Signature: _____________________________________________________________
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Appendix B - Fuel Reporting Consumption Worksheet
SAMPLE DO NOT COMPLETE
Company Name:
Address:
Phone Number:
Contact Person:
Title:
Contact Phone:
Contract Description:
Contract Number / Identifier:
Reporting Period:*
*(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy
I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period.
_______________________________________________
Signature Title Date (dd/mm/yyyy)
Appendix B - Prime Contractor General Information Form
Prime Contractor
General Information Form
This document does not replace the Workers Compensation Act or OH&S Regulations
“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.
(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.
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:
1
-Workers of different employers are present at the same time working on the
same project.
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.
2
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.
3
Department: City of Nanaimo
Prime Contractor Preconstruction
Subject:
Meeting Form
Description of Work
Agreement
The Prime Contractor:
Check
Acknowledges appointment as Prime Contractor defined by WorkSafeBC OH&S
Regulation 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.
Confirms the Prime Contractor’s Safe Work procedures and risk assessments were
prepared by, or approved by, a Qualified Person as defined by WorkSafeBC OH&S
Regulation.
Form
July 29, 2015 Andrew Brooks
Revised: Approved by:
1 of 4 Health and Safety Manager
Page:
Department: City of Nanaimo
Prime Contractor Preconstruction
Subject:
Meeting Form
Accepts the following required documents shall be maintained and made available
upon request from the City and/or WorkSafeBC Prevention Officer at the workplace
Documents required to be maintained and available by the Prime Contractor will include, but not
be limited to:
Check
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 WorkSafeBC.
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 project workplace, these additional documents are required to be maintained
and available by the Prime Contractor:
x Records of all orientation and regular safety meetings held between contractors and their
workers, including topics discussed, worker names and companies in attendance.
x Written evidence of regular inspections within the workplace.
x Occupational first aid records.
x Worker training records.
x Current list of the name of a qualified person designated to be responsible for each
subcontractor (employer’s) site health and safety activities.
x Diagram of the emergency route to the hospital.
The following information must be provided to the City Contract Representative:
Check
WorkSafeBC Notice of Project (if applicable)
WorkSafeBC Clearance Letter
Prime Contractor’s OH&S Safety Program
Prime Contractor’s Site/Project Specific Hazard Identification and Risk Assessments,
Safe Work Procedures, etc.
First Aid Attendant(s)
Safety Supervisor(s)
Discussion between the Prime Contractor and the City Contract Representative
x City Contract Representative to make the Prime Contractor aware of any known extraordinary
pre-existing hazards specific to the contract.
x It is recognized the pre-existing and known hazards identified may not be a comprehensive
list and due caution is always required.
x Use additional pages if necessary.
Prime Contractor Representative (print name) City Contract Representative (print name)
Form
July 29, 2015 Andrew Brooks
Revised: Approved by:
4 of 4 Health and Safety Manager
Page:
Boiler Inspection, Maintenance & Repair Services
REQUEST FOR PROPOSAL 2039
Appendix E - Minimum Rate of Pay
CITY OF NANAIMO and
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 401
COLLECTIVE AGREEMENT
ARTICLE 31 MINIMUM RATE OF PAY
Every contract made by the Employer for construction, remodeling, repair, or, demolition of any municipal
works or for providing any municipal service or function shall be subject to the following condition:
"Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified in
the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401."
Page 46 of 52
Date Issued: October 30, 2017
Boiler Inspection, Maintenance & Repair Services
REQUEST FOR PROPOSAL 2039
The City of Nanaimo and CUPE Local 401 agree to the following conditions in order to:
1. Where the Union can provide documented evidence to prove to the City's satisfaction that a contractor hired
by the City of Nanaimo is not paying wage rates pursuant to Article 31, the City will follow the process outlined
in Appendix I.
2. The Parties agree that for the purposes of complying with Article 31, the rate for flagging shall be set at $14.20
(2009 rate) per hour.
3. The City agrees to provide available cost information on contracts to the Union upon request
4. This Agreement will be effective on new contracts awarded after date of signing and on current contracts on
which the Union provides evidence of breach of Article 31.
5. This Letter of Agreement forms part of the Collective Agreement and remains in effect in the same manner and
to the same extent as any other provision in the Collective Agreement.
6. All issues arising under the grievance and/or issues relating to contracts in effect up to the signing of this
Letter shall be deemed to have be resolved and, no grievance will be filed in respect of any such issues with
the exception of current contracts where either Party discovers that a contractor is contravening Article 31.
7. In the event a dispute occurs between the Parties regarding the implementation of this Agreement, either
Party may refer the matter to or a-mutually agreed arbitrator on an expedited basis for resolution.
Page 47 of 52
Date Issued: October 30, 2017
Boiler Inspection, Maintenance & Repair Services
REQUEST FOR PROPOSAL 2039
Appendix I
DEFINITIONS
"Work performed" refers to the current classifications contained in the Parties’ Collective Agreement
and not directly connected to the job, which is contracted.
PROCESS
1. Each contract assigned to a contractor by the City of Nanaimo will contain terms:
(a) Requiring that the contractor adhere to the provisions of Article 31 of the Collective
Agreement. Current classified rates will be included.
(b) Specifying that failure to adhere to the provisions is a breach of the contract and
may give rise to termination of the contract.
(c) Entitling the City to copies of information showing the wage rates paid to its
employees. (The City will provide copies to the Union if requested.)
2. In the event the City has concerns that a contractor is in violation of Article 31, the
followingshall apply:
(a) The City shall immediately inform the contractor of its concerns and require the
contractor to comply.
(b) The City shall follow up contact and if violation still exists within thirty (30) days
provide written request for compliance.
(c) If violation continues, the City shall provide second request within a further thirty (30)
days and demand compliance or contract forfeiture may occur.
(d) If violation continues, the City shall provide final request within a further thirty (30)
days and may give two weeks’ notice for failure to comply with provision of
contract.
(e) The City may terminate the contract and/or withhold funds and/or require the
contractor to submit appropriate monies to rectify the breach of contract.
(f) If the City does not require forfeiture, such decision must be for bona fide
operational orlegal reasons.
(g) Notwithstanding the above, the City may proceed to (d) or (e) directly.
Page 48 of 52
Date Issued: October 30, 2017
Appendix F - Vendor Performance Evaluation for Goods & Equipment
PERFORMANCE
EXCEPTIONAL (7) VERY GOOD (5) SATISFACTORY (3)
Meets contractual requirements and exceeds Meets contractual requirements and Meets contractual requirements. The
many to the City’s benefit. The scope of exceeds some to the City’s benefit. The actions taken by the contractor appear or
services was accomplished. Corrective actions scope of services was accomplished with were satisfactory.
taken by the Contractor were highly effective. minor problems. Corrective actions taken
by the contractor were effective. Some significant program elements are
All significant program elements, including behind what was planned or above the
technical performance and schedule, are Significant elements were as planned. negotiated cost.
above what was planned and the cost
remains at or below the originally negotiated
cost.
Exceptional
Very Good
Satisfactory
Service Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Page 1 of 4
PERFORMANCE Score COMMENTS (Attach additional sheets if
RATING (0,2,3,5,7) necessary)
Exceptional
Very Good
Satisfactory
Delivers on time Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Very Good
Satisfactory
Follows instructions Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Very Good
Satisfactory
Handling of complaints Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Very Good
Satisfactory
Technical assistance Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Page 2 of 4
PERFORMANCE Score COMMENTS (Attach additional sheets if
RATING (0,2,3,5,7) necessary)
Exceptional
Very Good
Delivers on time without constant Satisfactory
follow-up Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Very Good
Satisfactory
Keep promises Marginal
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Very Good
Satisfactory
Customer service staff is responsive,
Marginal
professional and knowledgeable.
Unsatisfactory
N/A
Insufficient info. to rate
Exceptional
Documentation records, receipts, invoices
Very Good
and computer generated reports received
Satisfactory
in a timely manner and in compliance with
Marginal
contract specifications.
Unsatisfactory
N/A
Insufficient info. to rate
Safety:
Reporting of incidents; Exceptional
Completing safety talks with Very Good
employees; Satisfactory
Compliance of hazard assessment / Marginal
site safety plans; Unsatisfactory
Total Recordable Injury Rate (TRIR) N/A
for the duration of the contract. Insufficient info. to rate
Yes No
Would you recommend this firm again?
(Explain)
Page 3 of 4
Exceptional (51-70)
OVERALL ASSESSMENT
Very Good (31-50)
Total score out of 70 Satisfactory (21-30)
Marginal (10-20)
Unsatisfactory (< 10)
Comments:
Name of Evaluator:
(Print) (Signature)
Title: Date:
Purchasing and Stores will arrange performance review meetings with vendors receiving a “Marginal” score or less on a Vendor
Performance Evaluation report.
FISCAL COMPLIANCE:
_________________________________________________________________________________________________
_______________________________________ _____________________________________________
Title Signature
________________________________
Date
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