Request for Proposals No Supply & Delivery of Garbage, Recycling, Organic Waste Wheeled Carts

Transcription

1 Request for Proposals No Supply & Delivery of Garbage, Recycling, Organic Waste Wheeled Carts Date Posted: May 19, 2017 Closing Date & Time: Closing Location: RFP Document Questions: Jun 23, 2017 at 3:00 p.m. (15:00 hours), Pacific Time City of Nanaimo - Purchasing and Stores Department 2020 Labieux Road, Nanaimo, BC V9T 6J9 Debbie Bezenar, SCMP; CPSM Buyer purchasinginfo@nanaimo.ca Question & Answer Period Question End Date: June 9, 2017 Answer Posting Date: Jun 12, 2017 Questions submitted after June 9, 2017 will only be answered at the discretion of the City and if time permits. Answers will be posted on the BC Bid website and the City s website Intention of Award: The initial term of the Agreement will expire one (1) year from the commencement of award with an option to extend for four (4) additional one (1) year terms for a potential total term of five (5) years. s are solely responsible for ensuring that they have all the information available on this RFP, and should therefore check the City s and BC Bid s websites regularly, up to the Closing Date and Time of this RFP. Late Proposals will not be considered. Proposals will not be opened publically for this RFP.

2 Table of Contents Section 1.0 Definitions... 5 Section 2.0 Overview... 6 Section 3.0 Instructions to s Delivery of Proposals and Sample/Prototype Carts RFP Schedule Accuracy of Information Questions related to this RFP Addenda / Addendum Proposal Opening Proposal Revisions or Withdrawal Costs for Proposal Solicitation of Council Members and City Staff Conflict of Interest No Collusion Not a Binding Contract Cancellation Reservation of Rights and Privilege Clause Litigation Clause Ownership of Proposals Freedom of Information and Protection of Privacy Act Notice of Award Insurance Requirements Workers Compensation Board (WorkSafe BC) Business License Time is of the essence...10 Section 4.0 Evaluation of Proposals and Selection Process Request for Verification Evaluation of Sub-contractors Identification of a Successful (s) Negotiations Debriefing Stages of Proposal Evaluation...12 Stage I - Mandatory Requirements...12 Samples Financial Stability Evaluation...13 Stage II - Evaluation of Criteria on the Basis of Proposal Content...13 THE CITY OF NANAIMO Page 2 of 62

3 Stage III - Possible Presentations or Interviews...15 Stage IV - References...15 Section 5.0 Scope of Work Requirement for the Deliverables Cart Size Requirements Intended Term of Agreement Delivery Schedule and Dates To Residents Cart Delivery to Residential Addresses Promotion and Education Materials Quality Control (QC) / Quality Assurance (QA) Records Approved Prototypes Storage of Initial Order(s) Missed Addresses Cart Inventory Conduct and Character of Employees Appearance of Employees Holdback for Deficiencies...19 Appendix A - Submission Form...20 Appendix B - Specification Form...22 Section 1.0 Samples/Prototypes (Mandatory Requirement)...22 Section 2.0 General Specification...22 Section 3.0 Standards for Carts...22 Section 4.0 Lift Mechanism Specification for Carts...23 Section 5.0 Design Specification for Carts...23 Section 6.0 Warranty...33 Section 7.0 Replacement Parts...35 Section 8.0 Available Options - The City may opt to select the available options...36 Appendix C - Form of Proposal...37 Section 1 - Cart Manufacturing and Supply Capability...37 Section 2 - Cart Assembly and Delivery Capability...39 Section 3 - Termination of Services with Other Customers...40 Section 4 - Experience and Project Team...41 Section 5 - List of Proposed Sub-Contractor...42 Section 6 - Issue Reporting and Resolution...42 Section 7 - Implementation Schedule...43 Section 8 - Quality Control / Quality Assurance...43 Appendix D - Pricing Form...44 Section Cart Prices...45 Section Annual Price Adjustments...46 Appendix E - Reference Form...47 Appendix F - Sample Form of Agreement...49 THE CITY OF NANAIMO Page 3 of 62

4 Appendix G Consent of Surety Sample...57 Appendix H Labour and Material Payment Bond - Sample...58 Appendix I Performance Bond Sample...60 Appendix J Fuel Reporting Consumption Worksheet Sample...61 Appendix K - Map - Zones 1 & 2 Automated Curbside Collection THE CITY OF NANAIMO Page 4 of 62

5 Section 1.0 Definitions 1.1 In this RFP the following terms have the meanings as set out below: a. Addenda / Addendum means a change, or addition, or correction significant enough to be formally made to this RFP within the competitive time period. Addendums are posted on the City s website and on BC Bid s website. b. Business Day means any day from Monday to Friday inclusive, excluding statutory or civic holidays observed in British Columbia. c. Agreement means the written mutual understanding to be entered into subsequent to negotiations, if any, between the Successful and the City. d. City means the City of Nanaimo. e. City s Designate means a staff member that will represent the City for the purpose of this document. f. Closing Date and Time means the deadline for that Proposals will be considered compliant, as specified herein. g. Closing Location means the physical address that the City has posted on the cover page where the submission for this RFP must be delivered. h. Deliverables means the Carts and services to be delivered under the Agreement, as described in detail herein. i. Pricing Bid Form means the Forms provided by the City as part of this RFP to be completed and submitted by the Bidders. j. Proposal means all the documentation and samples submitted by the in response to this RFP. k. means the person, company or corporation submitting a Proposal in response to this RFP. l. Radio Frequency Identification (RFID) Tag means a system that uses small radio frequency identification devices for identification and tracking purposes. m. Request for Proposals (RFP) means this document No. 1946, including all appendices and attachments. n. Successful (s) means the (s) who may be chosen by the City to attempt to negotiate an agreement pursuant to the RFP. o. Supplier(s) means the legal entity that the City has successfully negotiated and has awarded the Agreement to pursuant to the RFP. p. Target Date means the date that the carts are required to be distributed to all participating households as described herein. THE CITY OF NANAIMO Page 5 of 62

6 Section 2.0 Overview 2.1 The City invites Proposals from qualified s for the Supply & Delivery of Garbage, Recycling, and Organic Waste Wheeled Carts. These carts are for door-to-door distribution of approximately 28,000 households. It is the City s intention to start the Automated Curbside Collection Program on October 30, 2017 for phase 1 (21,000 carts), with the full implementation of the program by March 19, 2018 for phase 2 (55,000 carts). 2.2 It is the City s intention to award to one (1) ; however the City reserves the right to award to more than one at the best interest of the City. 2.3 s should read the Sample Form of Agreement attached herein and ensure that they are familiar with the Terms and Conditions that may apply to this RFP. The City may negotiate additional or modified Terms and Conditions to the Form of Agreement upon award. Section 3.0 Instructions to s 3.1 Delivery of Proposals and Sample/Prototype Carts Proposals, along with the required one of each Sample/Prototype size of the Wheeled Carts must be received by the Purchasing Department on or before June 23, 2017 no later than 3:00 p.m. (15:00 hrs), Pacific Time, as follows: By hand/courier delivery to the only acceptable address and department: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9, clearly marked; RFP No Supply & Delivery of Garbage, Recycling, Organic Waste Wheeled Carts, Attention Debbie Bezenar The Proposal should include one (1) hard copy of the Proposal and one electronic version on Memory Stick. The hard copy and electronic version should be identical to each other. The City will not be liable for any discrepancy between the hard copy submission and the electronic version. Late Proposals or Proposals received by any other method, other than as directed above; will not be considered. It is the s sole responsibility to ensure their Proposal is received when, where and how it is specified in the RFP. The City is not responsible for lost, misplaced or incorrectly delivered Proposals. The time clock in the Purchasing and Stores Office reception area is the official time piece for the receipt of all Proposals delivered by hand/courier. 3.2 RFP Schedule Information relevant to this RFP process is set out in the following schedule: Issue Date of RFP May 19, 2017 Deadline for Questions June 9, 2017 Date for Posting Answers June 12, 2017 Closing Date & Time June 23, 2017, 3:00 p.m. (15:00 hrs), Pacific Time, Note: Although every attempt will be made to meet all dates, the City reserves the right to modify any or all dates at its sole discretion with notification and post it on the websites. All s are responsible for retrieving information from the City s and BC Bid s web site up to the Closing Date and Time. 3.3 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 RFP. THE CITY OF NANAIMO Page 6 of 62

7 3.4 Questions related to this RFP If a is in doubt as to the meaning on any part of this RFP, or finds omissions, discrepancies or ambiguities, a question should be submitted by as follows: Debbie Bezenar, SCMP, CPSM, Buyer purchasinginfo@nanaimo.ca The deadline for questions is June 9, Addenda / Addendum The City may modify, amend or revise any provision of this RFP or issue any Addenda at any time. Any modification, revision, or Addenda will be issued in writing and shall be posted on the City s and BC Bid s websites. Addenda, if required, will be issued by the Purchasing Department and shall hereby form part and parcel of the RFP. Failure to acknowledge Addenda may result in a non-compliant Submission. It is the sole responsibility of the to ensure that it has received all Addenda that have been issued by the Purchasing Department by going to the City s and BC Bid s websites up to the Closing Date and Time. 3.6 Proposal Opening s are advised that there will not be a public opening for this RFP. Proposals received by the Closing Date and Time will be opened administratively by the City s designate(s). 3.7 Proposal Revisions or Withdrawal A is entitled to amend its Proposal at any time before the Closing Time. The request to revise or withdrawal the Proposal must be received before the Closing Date and Time; in an to the Purchasing Department purchasinginfor@nanaimo.ca; Attention: Debbie Bezenar. 3.8 Costs for Proposal The will bear all costs associated with or incurred in the preparation of its Proposal, including, if applicable, costs incurred for provided prototype samples or interview(s) or demonstration(s). 3.9 Solicitation of Council Members and City Staff s and their agents will not be permitted to contact any member of the City Council or City Staff with respect to this RFP, other than the City s designate(s) as indicated herein this RFP. s to be found in violation of this clause will be eliminated from the competition 3.10 Conflict of Interest By submitting a Proposal, the warrants that neither it nor any of its officers, directors, employees or subcontractors, has any undisclosed 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 or perceived to create a conflict of interest The City will review any disclosed potential Conflict of Interest and duly consider the potential effect it may have on the outcome of this project, if any No Collusion s must not communicate, directly or indirectly, with any other (s) including through any employees, agents or Suppliers regarding the preparation, content or submission of its Proposal except where one or more s are proposing a joint Proposal. Each Proposal must be submitted without any collusion, or knowledge, in the preparation of or about THE CITY OF NANAIMO Page 7 of 62

8 any other Proposal. Submission of a Proposal to the City is deemed to be a representation and warranty by the submitting that Proposal, that it has complied with the requirements of this paragraph. If the City determines that a has violated this paragraph, the City is entitled to disqualify that and to reject its Proposal Not a Binding Contract This RFP does NOT constitute an offer by the City to award an Agreement. Except as expressly stated otherwise in this RFP, this RFP or any Proposal, will not constitute such an offer or create any contractual or other obligations whatsoever. Issuance of this RFP, the 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, but has not yet successfully negotiated the agreement to any. Only the delivery of a fully executed Agreement will obligate the City in accordance with the terms and conditions of the Agreement Cancellation The City may cancel or amend the RFP terms or process without penalty at any time. The City is under no obligation to award any Agreement as a result of this RFP and reserves the right to cancel the RFP process at any time before or after the Closing Time and may issue a new RFP, and re-solicit with or without any change being made to the RFP or take other actions, as appropriate, if considered in the best interests of the City. The City will not be responsible for any loss, damage, cost or expense incurred or suffered by any as a result of such cancellation or amendment Reservation of Rights and Privilege Clause In addition to all other rights, the City specifically reserves the following rights: a. to consider, accept or reject any and all Proposals in whole or in part; b. to cancel this RFP at any time and for any reason without any liability; c. to extend the Closing Date for all s in the City s sole discretion; d. to waive any informalities, irregularities, errors, erasures, or other anomalies in a s Proposal; e. to waive strict compliance with the RFP if, in the opinion of the City, the noncompliance does not affect the Proposal in any material way, materiality to be determined in the sole discretion of the City; f. not to accept the lowest Proposal or not to accept any Proposal in its sole discretion. Price will not be the only or even the most important criteria. The City reserves the right to consider any other criteria as it may see fit, disclosed or undisclosed, in determining which Proposal best meets its needs; g. to consider the total Proposal price, inclusive of the Proposed prices for any provisional or optional items, or only the price stipulated for the base work, or any combination thereof, in determining which Proposal best meets its needs and interests; h. to seek clarification of the contents of any Proposal, or to require a to submit further documentation. s may be requested to: provide additional information; modify their Proposal in areas where the City considers them deficient; address specific requirements not adequately covered in their initial Proposal; substitute components where the City considers that an alternative may be more suitable. i. to consider the following: THE CITY OF NANAIMO Page 8 of 62

9 information provided in response to enquiries of credit, experience and industry references set out in the Proposal; information received in response to enquiries made by the City of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the ; the experience and qualification of the s senior management and project management; j. to independently verify any information from third parties and receive additional information regarding any, its directors, officers, shareholders or owners, and any other party associated with the RFP, as the City may require; k. to negotiate terms and other conditions of the Agreement, if any, with the Successful that are not otherwise included in this RFP; l. after the selection of the Successful, to negotiate with the Successful, and as part of that negotiation, to negotiate changes, amendments or modifications to its Proposal without offering other s the ability to amend their Proposals; m. at any time, to discontinue, delay, or adjourn this RFP or any Agreement negotiations for any period or duration; n. to reject the Proposal of any who is involved in litigation with the City; o. if only one Proposal is received, the City has the right to elect to: open the Proposal; not open the Proposal and close the RFP; or reject the Proposal and cancel the RFP if the Submission is over budget. p. The City also reserves the right to evaluate all sub-contractors that the lists in the Proposal(s) Litigation Clause The City may, in its sole discretion, reject a Proposal submitted by s if the, or any Officer or Director of the 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 or another enactment within five (5) 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 s ability to work with the City, its consultants and representatives and whether the City s experience with the indicates that the City is likely to incur increased employee and legal costs in the administration of this Agreement, if any, if it is awarded to the Ownership of Proposals All Proposals submitted to the City become the property of the City Freedom of Information and Protection of Privacy Act All Submissions will be held in confidence by the City, subject to the provisions of the Freedom of Information and Protection of Privacy Act. THE CITY OF NANAIMO Page 9 of 62

10 3.18 Notice of Award The City and the Successful have successfully negotiated the Agreement the City will notify the Successful (s) in writing. Once notified, the Successful, at their expense will provide the following within seven (7) Business Days following notice: (a) Insurance certificate as described herein; (b) Proof of good standing with WorkSafe BC (WorkSafe BC clearance letter); (c) City of Nanaimo Business License; (d) Criminal Record Check for all personnel performing the door-to-door delivery; and (e) The Successful must provide a Labour and Material Payment Bond and the Performance Bond, each in the amount of not less than 50% for the total Proposed Price along with a Consent of Surety to guarantee successful completion of the Deliverables. The Sample documents of these are attached for reference Insurance Requirements Once successfully negotiated and awarded the Successful must, without limiting the Successful s obligations or liabilities and at the Successful s own expense, purchase and maintain throughout the Agreement 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 Agreement, if any. (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 (15) day s notice of cancellation or lapsing or any material change in the insurance policy. The Successful must provide to the City, prior to the commencement of the award of the Agreement, a certificate of insurance or other evidence which satisfied the City that the required insurance has been acquired and is in force. The Successful is responsible for any deductible amounts under the policies. The cost of all insurance required by this RFP shall be included in the Successful s fees Workers Compensation Board (WorkSafe BC) Once the Agreement is successfully negotiated the Successful 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 Business License At its own expense, the Supplier and any approved sub-contractors shall obtain and maintain a current City of Nanaimo or Inter-Community Business Licence for the duration of the Agreement term, including any extensions, if mutually agreeable Time is of the essence Time is of the essence for the delivery of provision of the goods and services or either of them requested herein. THE CITY OF NANAIMO Page 10 of 62

11 Section 4.0 Evaluation of Proposals and Selection Process 4.1 Request for Verification When evaluating Proposals, the City may request further information from a or third party(ies) in order to verify or clarify any matters contained in the s Proposal, or require a to submit supplementary documentation for verification or clarification of any matters in the s Proposal, without becoming obligated to offer the same opportunity to any other s. The City may revisit and re-evaluate the s Proposal or rating on the basis of any such information. A request for clarification will not entitle a to revise, alter or amend its Proposal. 4.2 Evaluation of Sub-contractors The City may request that any proposed sub-contractor(s) undergo evaluation by the City if applicable. 4.3 Identification of a Successful (s) The City may identify one or more (s), with whom the City may engage in negotiations with a view to settling and entering into the final and definitive Agreement, and any other documents and agreements that are related to this RFP the parties may mutually agree to execute. The City may, in its sole discretion; a. identify the highest ranked as the only with whom the City wishes to engage in negotiations or identify the highest ranked as the Successful and accept the s Proposal as submitted; or, b. identify the two highest ranked s, enter into negotiations with the highest ranking and, failing successful negotiations, enter into negotiations with the second highest ranking and identify the with whom the City concludes successful negotiations as the Successful. 4.4 Negotiations The intent is to enter into negotiations with the highest ranking (s),as established in accordance with Stage II of the evaluation process, as set out in s The City reserves the right, prior to award, to negotiate changes to the Deliverables (including pricing to meet budget) with the highest ranking (s). If the City and the after having negotiated in good faith are unable to conclude a formal Agreement, the City may, at its discretion, contact the next highest ranked (s) and attempt to conclude a formal Agreement with it, and so on until a Agreement is concluded. Neither the invitation by the City to enter into negotiations, nor the acceptance of such invitation by the, will constitute a legally binding offer to enter into an Agreement on the part of the City or the. The City may use the negotiations process to negotiate any aspect of the RFP or the s Proposal, or both. There may be up to a three (3) months time period for the City and the negotiating to settle the terms of the Agreement. If the parties are not able to settle such terms within that period, the City may elect to extend, discontinue the process or turn to another of the s with whom to negotiate the Agreement terms. 4.5 Debriefing Unsuccessful s may request a debriefing meeting with the City within fifteen (15) days following award. The requests must be in writing and sent to: purchasinginfo@nanaimo.ca Attention Debbie Bezenar. THE CITY OF NANAIMO Page 11 of 62

12 4.6 Stages of Proposal Evaluation The City may conduct the evaluation of Proposals in the following four (4) stages: Stage I: Mandatory Requirements; Stage II: Evaluation of Criteria; Stage III: Possible Presentations or Interviews; if required Stage IV: References will be contacted of the Successful. Stage I - Mandatory Requirements A review of submissions will be done to determine compliance of the mandatory requirements of this RFP. Proposals satisfying the mandatory requirements will proceed to Stage II. Proposals failing to satisfy the mandatory requirements will be excluded from further consideration. The mandatory requirements of this RFP at the Closing Time; each Proposal must contain the following completed forms: (1) All correspondence and submission for this the Proposal must be in English. (2) Submission Form (Appendix A ) completed according to the instructions, as per the Form and signed by an authorized representative of the. (3) Specification Form (Appendix B ). (4) Form of Proposal (Appendix C ). (5) Pricing Form (Appendix D ). (6) Reference Form (Appendix E ). (7) Prototypes (Samples): The must submit one (1) sample prototype of each Cart model and size as proposed in Appendix B. The sample prototype Carts should match the specifications listed in the RFP. Samples The sample prototype Carts should match the specifications listed in this RFP. The Successful may not make any changes to the mould, as provided in their Proposal, of the Cart(s) without written approval/consent from the City s Designate. The samples are to be provided at no cost to the City and will be tested for evaluation purposes. For full details submitting a sample [refer to Section 4.0, clause 4.3, Stage I Mandatory Requirements, item (7)]. Samples are to be submitted with on or before the Closing Date and Time. Prototypes are to be delivered to: Attn: Debbie Bezenar (RFP 1946) City of Nanaimo Public Works Yard Purchasing and Stores Department 2020 Labieux Road, Nanaimo, British Columbia V9T 6J9 Canada Delivery Hours: Monday through Friday 8:00 a.m. 4:00 p.m. Standard Time Delivery Contact: Reception (250) , (s) should send delivery tracking number to purchasinginfor@nanaimo.ca Attention Debbie Bezenar. Carts should come in their unassembled state. THE CITY OF NANAIMO Page 12 of 62

13 Labelling: Prototypes are to be clearly labeled with the following information (or similar) and be affixed to the prototypes: RFP Number 1946 Contact Person: Debbie Bezenar /Company Name: Contact: Name Contact Number: Contact Product Description: Product Number. Each is to indicate in their Proposal whether they require that the samples are to be returned. If the requires the samples be returned please provide return address and means to ship, as the City will bear no expense to return the samples. 4.7 Financial Stability Evaluation The City will require seeing proof of the s financial stability. s will be asked to provide financial statements as prepared by your Financial Institution and proof of your credit rating for a period covering at least the prior two years. Stage II - Evaluation of Criteria on the Basis of Proposal Content This will consist of an evaluation by the City of each Proposal that has satisfied all the mandatory requirements, as described in s. 4.6 Stage I as noted above. Each Proposal will be evaluated by the City on the weighting of each criterion. THE CITY OF NANAIMO Page 13 of 62

14 Evaluation Criteria Capability to manufacture and supply Carts: Based on previous experience and proposed approach for this project; capability and experience and contingency plan for this project and to assemble and deliver Carts ; ability to meet the City s project schedule and identification of key milestones and Deliverables; experience and expertise of proposed project team and an overall organizational structure of the proposed team, which includes proposed sub-contractors. Also to consider all the information contained in the Proposal(s) in relation to the weighting of each criteria. The evaluation team will give particular reference to the s financial standing and responses to the following sections, of Appendix C: Financial Standing Section 1: Cart Manufacturing and Supply Capability Section 2: Cart Assembly and Delivery Capability Section 3: Termination of Services with Other Customers Section 4: Experience & Project Team Section 5: List of Proposed sub-contractors Section 6: Issue Reporting maximum of one page Section 7: Implementation Schedule maximum of one page Cart Performance: Ability to meet or exceed the required design specifications, and Cart performance. Evaluation of the sample prototype Carts will also include the following: Ease of assembly/maintenance Colour consistency Handling Durability The evaluation team will give particular reference to the s response to Appendix B Specification Form, and the samples submitted. The sample prototype Cart should be of the same mould as the proposed Carts and should match the specifications listed in this RFP as closely as possible and where it is not possible the should note the differences. Pricing: The evaluation team will give particular reference to the pricing form Appendix D response Quality Assurance/Quality Control: Assessment of quality assurance and quality control procedures for all aspects of the project including Cart manufacturing and supply, and Cart assembly and doorto-door delivery. The evaluation team will give particular reference to the s response to Appendix C, Section 8: Quality Control / Quality Assurance. Warranty: Extent of warranty coverage, and process for making warranty claims. The evaluation team will give particular reference to the s response to Appendix B Specification Form, Section 6.0 Warranty. Maximum Weighting Total 100 THE CITY OF NANAIMO Page 14 of 62

15 Stage III - Possible Presentations or Interviews (a) The City may choose, in its sole discretion, to hold presentations or interviews at Stage III of the evaluation process. However, the City is under no obligation to conduct presentations or interviews and may elect to conclude the evaluation process after Stage II and proceed directly to the rating and selection of the highest ranking. (b) Based on the information received through the presentation or interview, the City may revisit and re-evaluate the rated criteria and adjust the rating of the s as assigned in Stage II accordingly. (c) However in the event of a clear tie the City will conduct either Presentations for clarification or Interviews in order to break the tie. Should the City elect to undertake Stage III the City will determine what is required i.e. questions and related weighting or other criterion and communicate to each of the s the requirements and what the associated scoring will be. Stage IV - References Some or all of the references of the Successful may be contacted by the City, at the City s Discretion. THE CITY OF NANAIMO Page 15 of 62

16 Section 5.0 Scope of Work 5.1 Requirement for the Deliverables The Supplier will supply all necessary labour, tools, facilities and equipment necessary to perform the work in accordance with this RFP, including but not limited to the following: Supply of approximately 76,000 carts to approximately 28,000 households; Assembly and delivery of Carts and educational material for door-to-door delivery to specified households within the City limits. Including, but not limited to: o Placing one (1) Garbage, (1) Organic Waste and (1) Recycle Cart and affixing one educational material package on top of a Cart. o Space Carts (1) meter apart, in an appropriate location as determined by the City prior o to distribution. Supply the correctly sized cart set to each specific residence. Most homes (90%) will require the standard set however, special circumstances, such as homes with suites will require the larger carts. A City compatible tracking and inventory system for distributed Carts: and Supply of Carts as required for replacement. Supply of Carts for future expansion of the Automated Curb side Collection Program, which is subject to: o The City is satisfied with the Deliverables provided by the Successful and that the Deliverables satisfied the City s requirement; and o Budget available for expansion; and o City s Council approval Provide spare parts for the duration of the warranty period specified in the Agreement. Upon completion of the Deliverables, provide the City with the completed excel spreadsheet which includes the RFID numbers of each Cart delivered to each household. 5.2 Cart Size Requirements The following sizes may be required: Organic Waste 120 litre Two (2) sizes for Recycle 240 litre, 360 litre Two (2) sizes for Garbage: 120 litre, 240 litre 5.3 Intended Term of Agreement (a) The initial term of the Agreement will expire one (1) year from the Agreement execution date. Subsequently there will be an option to extend the Agreement for up to four (4) more additional one (1) year terms for a potential total term of five (5) years, if mutually agreeable. (b) All warranties will survive the termination of the Agreement and will be effective for the duration of the warranty offered by the manufacturer. 5.4 Delivery Schedule and Dates To Residents The City will not provide a staging or storage area for the Carts prior to delivery to the households. The Supplier or its sub-contractor is expected to secure a facility for storage of Carts. The City will supply educational material to be delivered with the Carts; this will be available for picked up by the Supplier or its sub-contractor at Public Works Yard, 2020 Labieux Road, Nanaimo, British Columbia, Canada at a time after the Agreement is successfully negotiated. The Supplier or its sub-contractor is expected to attach (1) educational material package and place the three (3) Carts one (1) meter apart for each household, at a location agreeable to the City. THE CITY OF NANAIMO Page 16 of 62

17 The Carts shall be fully functional, and assembled upon delivery to each household. The City requires that phase 1Carts are delivered door-to-door to specified addresses by October 16, The City requires that phase 2 Carts are delivered door-to-door to specified addresses by March 19, The delivery of Carts may occur on a seven (7) day-per-week schedule as approved by the City. All weekday Cart deliveries will be made between the hours of 07:00 hours and 17:00 hours (Pacific Time). Only during severe circumstances and with prior approval of the City, will delivery service hours be extended. Cart deliveries will also be permitted on Saturdays, Sundays and Statutory Holidays between the hours of 09:00 hours and 17:00 hours (Pacific Time). Only during sever circumstances and with prior approval of the City, will delivery service hours be extended. 5.5 Cart Delivery to Residential Addresses The City requires that the Supplier or its sub-contractor delivers a cart set to each household. The City will provide the specified addresses of households to which Carts will be delivered by the Supplier or its sub-contractor. The pre match file will link each RFID tag to the CART identification number. Before delivery of the Carts the City will provide an excel document of all the locations that the carts will be delivered to. The excel document needs to be filled in by the cart deliverer when each cart is delivered to indicate correctly which RFID tags are associated with each address. The entire completed spreadsheet of locations and associated RFID tags needs to be returned to the City for acceptance. Supplier or its sub-contractor or their sub-contractor will be placed in an appropriate location as determined by the City without blocking access or causing any safety hazards for the resident or general public. 5.6 Promotion and Education Materials The Supplier or its sub-contractor is responsible for distributing packaged education material with the delivery of the Carts. All assembly and delivery staff of the Supplier or its sub-contractor will attend at least one (1) information session provided by the City in order to become familiar with the automated waste collection service and be able to outline key elements of the program, should they be approached by the public seeking program information during Cart delivery. 5.7 Quality Control (QC) / Quality Assurance (QA) The Supplier or its sub-contractor will provide QC and QA reports including but not limited to production test information for the finished Carts, raw materials, and other information specified by the City at regular intervals as approved by the City. The Supplier or its sub-contractor must ensure the quality of the materials, components and finished product is maintained throughout the entire production run and Agreement period. The Carts received may be randomly tested at the expense of the City. Should a Cart fail to meet specifications, the Supplier or its sub-contractor will be responsible for all expenses incurred in the testing and return of the defective Cart. The Supplier or its sub-contractor shall also be responsible for determining the extent of Carts potentially affected by the defect and THE CITY OF NANAIMO Page 17 of 62

18 correct the deficiencies, including but not limited to replacing all of the affected Carts, at no additional cost to the City. 5.8 Records The Supplier s or its sub-contractor s must maintain records including, but are not limited to the following: Detailed Cart delivery route map for each truck; Cart delivery employee training records; Cart product records; Cart delivery records (serial numbers, addresses, date of delivery, etc.); Service delivery deficiencies and associated reasons; and Service deficiency and resolutions. The City may request a report throughout the duration of the Agreement period. 5.9 Approved Prototypes The Supplier or its sub-contractor shall provide prototype(s) of the final production Cart, RFID tags including all required labelling and other requirements as outlined in the RFP at least one (1) week prior to the production of the Carts. The prototype(s) are subject to review and approval by the City at its sole discretion Storage of Initial Order(s) The Supplier or its sub-contractor will be required to facilitate storage of the initial Cart Order(s) until the Carts are delivered to individual households. Once the initial Cart order(s) are delivered in the 2 phases this facility will no longer be required and the City will house any additional Carts and spare parts at Public Works Yard, 2020 Labieux Road, Nanaimo, British Columbia, Canada. The supplier is not required to retain a storage facility between the two phases. Spare phase 1 carts may also be delivered to the City at the Public Works Yard Missed Addresses The Supplier or its sub-contractor shall furnish all labour, equipment and materials associated with responding to reported missed addresses for Cart deliveries. Reported missed addresses include: addresses missed from the City s delivery list; any addresses missed due to Supplier or its sub-contractor delivery error; and any addresses reported by residents as being missed. The City will provide maps to the Supplier or its sub-contractor, if requested. The Supplier or its sub-contractor shall deliver Carts to reported missed addresses within three (3) business days of notification by the City Cart Inventory The Supplier or its sub-contractor shall be responsible for providing the City with an inventory listing of all Carts delivered to the addresses specified by the City. The Cart inventory information that the City requires from the Supplier or its sub-contractor will include but is not limited to the following: Cart serial number; RFID tag number; Residential address; and Date of delivery; The Supplier or its sub-contractor shall compile the Cart inventory information in Microsoft Excel format provided by the City. THE CITY OF NANAIMO Page 18 of 62

19 The Supplier or its sub-contractor shall transfer the remaining inventory of Carts and educational materials from their storage facility to the City s Stores Department located at Public Works Yard, 2020 Labieux Road, Nanaimo, British Columbia, Canada at the completion of the project Conduct and Character of Employees The Supplier or its sub-contractor must ensure that its employees, and other agents are alert, polite and courteous towards the public at all times in the performance of the Supplier s or its sub-contractor s obligations under the Agreement. The Supplier or its sub-contractor shall employ on the assembly and delivery, and any other Deliverables pertaining to the Agreement only orderly, competent and skilful workers. The Supplier or its sub-contractor shall further ensure that a high standard of service, courtesy and consideration is exhibited in all of its dealings with residents and the general public, and that it conducts all of its operations, including the administrative functions, with the utmost regard for enhancing public relations; and in recognition of the need to uphold and maintain the positive public image of the City. Should any employees, or other agents employed or contracted to perform on or about the Deliverables in connection therewith, conduct himself or herself in a manner that is in the opinion of the City inappropriate or incompatible with dealing with the public, then the Supplier or its sub-contractor shall replace such person forthwith and this person shall not again be utilized by the Supplier or its sub-contractor in any work carried out for the City under this Agreement without the consent of the City Appearance of Employees The Supplier or its sub-contractor must ensure that its employees,, and other agents involved with the Cart distribution operations, are neat and well groomed at all times. The Supplier or its sub-contractor shall ensure that all employees,, and other agents involved in the Cart distribution operations are provided with all necessary safety equipment and identification tags (with picture) that clearly identify them as being associated with the City s Automated Curbside Collection Program Holdback for Deficiencies The City may holdback ten percent (10%) from payments otherwise due to the Supplier, on account of deficient or defective Carts for thirty (30) days from completion of the Deliverables. This holdback may be held, without interest, until replacement Cart is received or such deficiency or defect is remedied. THE CITY OF NANAIMO Page 19 of 62

20 Appendix A - Submission Form s are to provide their response in the area which is not highlighted. This form must be signed by an authorized representative of the. Information Please fill out the following form, and name one person to be the contact for your Proposal and for any clarifications or amendments that might be necessary. Full Legal Name of : Any Other Relevant Name under Which the Carries on Business: Street Address: City, Province/State: Country: Postal Code: Phone Number: Company Website (If Any): Contact Person and Title: Contact Phone: Contact (The is solely responsible for ensuring that the Contact account will accept all s from the City.) Acknowledgment of Non-Binding Procurement Process The acknowledges that the RFP process will be governed by the terms and conditions of this RFP, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal legally binding bidding process, and that there will be no legal relationship or obligations created until the City and the have executed the Agreement. Ability to Provide Deliverables The has carefully examined the RFP and has a clear and comprehensive knowledge of the Deliverables required under this RFP. The represents and warrants its ability to provide the Deliverables required under this RFP in accordance with the requirements of this RFP for the unit prices set out in the Pricing Form attached as Appendix E and has provided a list of any sub-contractors to be used to perform the Deliverables. Consent of Surety The represents and warrants its ability to provide a Labour and Material Payment Bond and Performance Bond, each in the amount of not less than 50% of the total Proposed Price to guarantee successful completion of the Deliverables. By provision of consent of surety in a form acceptable to the City, sample document in Appendix G. THE CITY OF NANAIMO Page 20 of 62

21 Mandatory Forms The encloses as part of the Proposal the mandatory forms. Forms Submission Form must be signed by an authorized representative of the (Appendix A) Specification Form (Appendix B) Form of Proposal (Appendix C) Pricing Form (Appendix D) Reference Form (Appendix E) Initial to Acknowledge Addenda The confirms that it has read and accepted all addenda issued by the City, Addenda number to. The acknowledges that it is solely responsible for making any necessary amendments to its Proposal based on the addenda. Signature Authorized Signature Print Name / Title Legal Name of Company Date Authorized Signature Print Name / Title Legal Name of Company Date NOTE: If the Proposal is by joint venture, add additional forms of execution for each member of the joint venture in the appropriate form or forms as above. THE CITY OF NANAIMO Page 21 of 62

22 Appendix B - Specification Form The City is using the following vehicle and equipment for the automated curbside collection. Cab and Chassis: Freightliner Body: Labrie Expert Automated Arm: Labrie Helping-Hand Long Reach Instructions: s are required to answer Yes or No regarding if they can meet the Specifications and may also provide further details on their proposed Carts. s may use additional attachments in their response, referencing the Section number. Section 1.0 Samples/Prototypes (Mandatory Requirement) 1.1 To assist the City to evaluating the Carts, each is required to provide one (1) sample of each size of prototype Cart, each prototype Cart should be made from the same mould. The specifications must match requirements as closely as possible. Failure to provide Sample/Prototypes will result in the disqualification from further consideration. Confirm samples to be delivered by the submission deadline. Yes No Section 2.0 General Specification 2.2 All Carts must be new and unused. Carts shall conform to the best practices known to the trade in design, quality and workmanship. to acknowledge on meeting the specifications: Yes No 2.3 Assemblies, sub-assemblies and component parts should be standard and interchangeable throughout the entire quantity of the same/sized Carts. to acknowledge on meeting the specifications: Yes No Section 3.0 Standards for Carts 3.1 The design requirements for all 120 litre, 240 litre, and 360 litre Carts will comply with the American National Standards Institute (ANSI) specifications for automated type Carts for ANSI standards Z Compatibility Dimensions and for Z Safety Requirements for two-wheeled Carts. to acknowledge on meeting the specifications: Yes No THE CITY OF NANAIMO Page 22 of 62

23 Section 4.0 Lift Mechanism Specification for Carts 4.1 All 120 litre / 240 litre / 360 litre Carts must be designed to be lifted by the City s vehicle and equipment for the automated curbside collection. Cab and Chassis: Body: Automated Arm: Freightliner Labrie Expert Labrie Helping-Hand Long Reach to acknowledge on meeting the specifications: Yes No 4.2 All 120 litre / 240 litre / 360 litre capacity Carts must meet the ANSI Z dimensional requirements to be lifted by a Labrie Helping Hand Long Reach automated arm. to acknowledge on meeting the specifications: Yes No Section 5.0 Design Specification for Carts 5.1 SHAPE.1 Carts will be designed to prevent trapping or jamming of materials when the Cart is dumped. acknowledges their proposed Cart meets the specifications: Yes No.2 Carts should be fully weather proofed and stabilized for full-time outdoor use and storage, suitable for Nanaimo s variable climate. acknowledges their proposed Cart meets the specifications: Yes No.3 Carts will have a slightly wider opening at the top than the bottom dimensions to facilitate tipping of material from the Cart. acknowledges their proposed Cart meets the specifications: Yes No.4 Shape of body with lid, but without wheels & axles, should allow Carts to be stacked for easy transport and storage. acknowledges their proposed Cart meets the specifications: Yes No.5 Carts conform to the design requirements in ANSI Z for automated Carts. The may be required to provide test results per ANSI Z acknowledges their proposed Cart meets the specifications: Yes No.6 To help the City understand the number of Carts that can be stacked for delivery and for storage purposes specify the nesting ratio and number of Carts that can be nested shipped in the safe/usual manner for Cart Sizes as follows: THE CITY OF NANAIMO Page 23 of 62

24 (a) 120 litre (b) 240 litre (c) 360 litre 5.2 CAPACITY AND DIMENSIONS.1 The Cart volume, excluding the lid, should be 120 litre / 240 litre / 360 litre (+/- 2%). They should be verified as per ANSI Z acknowledges their proposed Cart meets the specifications: Yes No Specify the total capacity to the nearest litre (excluding the lid) for the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre.2 Provide the exterior dimensions for the completely assembled Cart specifying the height (including lid; closed), width and depth of the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre.3 Specify Hip of Gripping Surface Diameter for the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre.4 Specify average wall thickness for the proposed Cart for: (c) 120 litre (d) 240 litre (e) 360 litre.5 Specify average lid thickness for the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre.6 Specify weight of complete Cart assembly (body, lid, wheels and hardware) for the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre THE CITY OF NANAIMO Page 24 of 62

25 5.3 MATERIAL AND CONSTRUCTION.1 The body of the container should be manufactured from high density polyethylene. The container body should be one piece and be either rotationally or injection molded. Ultraviolet stabilizers and other additives will be hot melt compounded into the base material. The containers will have a minimum nominal wall thickness of.4 cm acknowledges their proposed Cart meets the specifications: Yes No.2 Resin should be used for both the container body and the lid. The resin should be a highdensity polyethylene (HDPE) or medium-density polyethylene (MDPE) resin. Resin material should satisfy manufacturer s original specification for first quality raw material. acknowledges their proposed Cart meets the specifications: Yes No.3 Specify the moulding process for the proposed Carts:.4 Carts body and lid will be constructed from the same plastic. acknowledges their proposed Cart meets the specifications: Yes No.5 Specify the type of resin used to manufacture the Cart body and lid of the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre.6 Specify the complete resin weight of the container body and lid for the Cart proposed for: (a) 120 litre (b) 240 litre (c) 360 litre.7 Are all metal parts rust resistant? If yes, specify how the metal part(s) are protected..8 Carts will be ultraviolet (UV) light protected to prevent deterioration and fading. To ensure thorough distribution of these additives, the resin and UV additives should be mixed in a molten state using a hot meld compounding process into the base material. acknowledges their proposed Cart meets the specifications: Yes No Specify the percentage by weight of UV stabilizer added. Yes No THE CITY OF NANAIMO Page 25 of 62

26 .9 Carts can be constructed with either virgin or recycled content. Specify the recycled content and percentage of recycled content for Cart body and lid for: (a) 240 litre (b) 240 litre (c) 360 litre.10 All Carts shall remain durable in hot and cold temperature variations of this region, including rain and snow. acknowledges their proposed Cart meets the specifications: Yes No.12 Carts should be able to withstand washing and standard commercial detergents and disinfectants without blemishing or fading. acknowledges their proposed Cart meets the specifications: Yes No.13 All parts of the Carts should be usable for the warranty (at a minimum) period of ten (10) years and the life expectancy as stated in Appendix B, Section 5.0, clause 5.15 in the intended application including the exterior bottom of Carts should be designed to withstand any damage that would interfere with the Carts intended use after repeated: contact or dragging on gravel, concrete, asphalt or any other rough and abrasive surface or from kicking to position the Cart for rolling. It is understood that the Carts will be gripped by hydraulically operated equipment (Labrie automated arm Helping Hand Long Reach) and will come in regular contact or dragging on gravel, concrete, asphalt or any other rough and abrasive surface or from kicking to position the Cart for rolling. acknowledges their proposed Cart meets the specifications: Yes No All parts including wheels and axles should be designed in a robust and durable manner so that they continue to work as designed over the duration of the warranty and life expectancy stated in Appendix B, Section 5.0, clause acknowledges their proposed Cart meets the specifications: Yes No Specify percentage of the Cart material(s) that is recyclable after its useful life. THE CITY OF NANAIMO Page 26 of 62

27 5.4 BODIES 0.1 The body of the Carts will be uniform in appearance and free of foreign substances, shrink holes, cracks, blow holes, webs and other superficial or structural defects that could adversely affect the appearance and performance of the Carts. Bodies will not have any sharp edges, sharp corners, pinch points or other structures that could cause injury or obstruction and should have a smooth surface both inside and outside. acknowledges their proposed Cart meets the specifications: Yes No 0.2 The interior Cart bodies shall be smooth and should be free of crevices and recesses where materials may become trapped. acknowledges their proposed Cart meets the specifications: Yes No 0.3 The upper rim of the bodies must consist of a rugged design for a maximum strength during collection. The upper lift point must be integrally molded into the body of the Cart. acknowledges their proposed Cart meets the specifications: Yes No 0.4 The upper rim should include a ledge on which the lid rests to create a tight seal between the body and the lid. acknowledges their proposed Cart meets the specifications: Yes No 0.5 The exterior Cart surface shall not hinder the Cart being picked up by the Labrie Helping- Hand Long Reach automated arm. acknowledges their proposed Cart meets the specifications: Yes No 0.6 Interior and exterior surfaces shall not support combustion or bacterial growth. acknowledges their proposed Cart meets the specifications: Yes No 5.5 LIDS AND HANDLES: 0.1 Carts will be provided with a lid that will not distort, warp, sump, fade or bend over time to such an extent that it no longer fits the body properly. acknowledges their proposed Cart meets the specifications: Yes No 0.2 Lids should be crown shaped and continuously overlap and come in contact with the perimeter of the Cart body. acknowledges their proposed Cart meets the specifications: Yes No THE CITY OF NANAIMO Page 27 of 62

28 0.3 The lid will prevent the intrusion of rainwater, snow, rodents, birds, flies and other vectors and the emission of odours. acknowledges their proposed Cart meets the specifications: Yes No 0.4 Lids will not impede the flow of materials from the Cart during the dump cycle and not contact material already deposited in the collection truck or the truck body or lifting mechanism. acknowledges their proposed Cart meets the specifications: Yes No 0.5 Lids will be hinged to the Cart body as to enable the lid to be fully opened to 270 degrees arc to rest against the backside of the Cart body. acknowledges their proposed Cart meets the specifications: Yes No 0.6 Lids will be designed to be easily removed in the event of (i) substituting with a different color lid, (ii) damage or (iii) failure. acknowledges their proposed Cart meets the specifications: Yes No 0.7 Describe lid removal tool required and instruction to remove a lid. 0.8 Lids should have an external handle or design that allows the resident to open the lid without touch the interior of the lid. acknowledges their proposed Cart meets the specifications: Yes No THE CITY OF NANAIMO Page 28 of 62

29 5.6 WHEELS 0.1 Wheels should be the Manufacturer s best quality available for the intended purpose. Wheels and axles should be rated to meet and exceed the Cart design requirements of 3.5 pounds per US Gal. Capacity. Tread width for all wheels for Carts should be no less than 1.75 inches and have a knobby tread. Preferences may be given to solid rubber-tread tires. Wheels should be snap on style. Wheels that require the use of pal nuts, washers or other means of connection will be considered unacceptable. Wheels are to be the same size and interchangeable with Carts of the same capacity. Wheels for 120 litre / 240 litre / 360 litre should have a diameter of no less than 10 inches. The wheel assembly must be easily removed with a simple specialized tool to facilitate maintenance. acknowledges their proposed Cart meets the specifications: Yes No Describe wheel removal tool required and instruction to remove a wheel. 0.2 State wheel tread and width and diameter and maximum load rating offered for: 5.7 AXLES (a) 120 litre (b) 240 litre (c) 360 litre.1 Each Cart should have a minimum 5/8 diameter steel axle rod (either galvanized or zinc plated). The axle must pass through the Cart body, outside the refuse area, and be attached by means of a molded in axle sleeve or yoke supplying sufficient supports to minimize stress and prevent bending of the axle. Wheels and axles should be rated to meet and exceed the Cart design requirements of 3.5 pounds per US Gal. Capacity. The axles should be easily replaced. acknowledges their proposed Cart meets the specifications: Yes No.2 Specify the steel axle material and diameter for the proposed Cart for: (a) 120 litre (b) 240 litre (c) 360 litre THE CITY OF NANAIMO Page 29 of 62

30 5.8 GRAB BARS.1 A grab bar is required for our automated garbage trucks. To prevent leakage, body will be sealed and bar should not penetrate the body. to acknowledge if the grab bar is standard with your Cart body. Yes No If Yes, acknowledges their proposed Cart meets the specifications: State Grab bar material and diameter for: (a) 120 litre (b) 240 litre (c) 360 litre 5.9 HANDLING: 0.1 Cart bodies are required to be equipped with two (2) handles, each a minimum of 2.54 cm in diameter. acknowledges their proposed Cart meets the specifications: Yes No 0.2 Carts will allow the collector/resident to maintain a comfortable posture when moving the Cart. acknowledges their proposed Cart meets the specifications: Yes No 0.3 Carts will be easy for residents to tilt to a roll position when fully loaded while keeping both feet on the ground and easy to push or pull. acknowledges their proposed Cart meets the specifications: Yes No 0.4 The Cart should be easy to wheel when either full or empty. The Cart should be constructed with an integrally molded-in foot tilting feature (or approved equivalent) designed into the axle area at the rear base of the body to facilitate tipping the Cart to move it. acknowledges their proposed Cart meets the specifications: Yes No 0.5 Handles and mounts should be a seamless part of the Cart and will not have any bolts or protrusions that might interfere or injure the worker or resident. acknowledges their proposed Cart meets the specifications: Yes No 0.6 The clearance between the handle and the body should allow for easy gripping with winter work gloves. acknowledges their proposed Cart meets the specifications: Yes No 5.10 STABILITY 0.1 Cart lids and bodies are of such design and weight that prevent empty Carts from tilting backward when lifting the lid open or while in the open position. THE CITY OF NANAIMO Page 30 of 62

31 acknowledges their proposed Cart meets the specifications: Yes No 0.2 Carts will be stable and balanced in an upright position, either loaded or empty and remain stationary and upright in winds up to (50km/h) per hour as applied from any direction, when empty or loaded, lid open or closed. In addition to providing a response to this, s should provide wind and stability testing documentation for each Cart offered. acknowledges their proposed Cart meets the specifications: Yes No 0.3 Carts will be stable and not roll away when placed on uneven surfaces and meet the stability requirements set for in the in ANSI Z for front, rear and side orientations. acknowledges their proposed Cart meets the specifications: Yes No 5.11 COLOUR: Resin should contain colour pigment hot melt compounded into the base material. Colours should be non-fading throughout the warranty. The colour and shade of Carts and lids should be consistent and without noticeable variation from one to another. Colour of all Cart lids and bodies should be: Black/Charcoal/Grey for 120 litre and 240 litre - Garbage Green for 120 litre Organic Waste Blue for 240 litre / 360 litre - Recycle s should submit color chips of all color shades available for the Cart bodies and lids. Final colour to be determined, by the City, from samples furnished by the. acknowledges their proposed Cart meets the specifications: Yes No 5.12 SAFETY Carts shall be constructed so that children cannot get trapped inside. All inside and outside corners, on both lid and Cart body, should be rounded, with no sharp edges or points to minimize risk of user injury. acknowledges their proposed Cart meets the specifications: Yes No THE CITY OF NANAIMO Page 31 of 62

32 5.13 IDENTIFICATION:.1 Each Cart should have a seven digit serial number hot stamped onto the front or side in white and be a minimum of 1 inch in height. The serial number should be alphanumeric, 2-digets indicating the year of manufacture, and followed by a 5-digit sequential number unique to each Cart. The City will work with the to determine the final composition of serial numbers. Carts should be manufactured within six (6) months of delivery to the City. The manufacturer should provide an electronic list, in Excel format, referencing the date of manufacturer to the serial number on each Cart body. acknowledges their proposed Cart meets the specifications: Yes No.2 Describe locations and sizes available for hot stamping (in white) serial numbers RFID TAG.1 Each Cart is to have a unique integrated non-proprietary passive Ultra High Frequency (UHF) RFID tag installed into the Cart. RFID tags must comply with the current Canadian telecommunications regulations. RFID tags values must be written and locked at time of Cart production. RFID tag must contain specific information, including the Cart s unique serial number, date of manufacture and other relevant information to assist in the management of the asset. All RFID tags must be installed in the Carts so that the tags have no exposure to outside elements, are not visible to the customer, and are tamper-resistant. RFID tags placed inside the body of the Cart are unacceptable. Adhesive or sticker RFID tags are not preferred. Each RFID tag must be tested at the manufacturing facility to ensure that it is working properly. Carts shall be equipped with EPC class 1 Generation 2 compatible Ultra high frequency RFID tags (transponders) ( MHz) compatible with Lateral Innovation s truck mounted RFID reader. As part of the delivery the pre-match file should be delivered in excel compatible format. The pre-match file will like each RFID tag to the Cart serial number. Before delivery of the carts the City will provide an excel document of all the locations that the carts will be delivered to. The excel document needs to be filled in by the cart deliverer when each Cart is delivered to indicate correctly which RFID tags are associated with each address. The entire completed spreadsheet of locations and associated RFID tags needs to be returned to the City acceptance. acknowledges their proposed Cart meets the specifications: Yes No.2 State RFID tag design and placement offered LIFE EXPECTANCY State the Life Expectancy for the Cart offered for: (a) 120 litre (b) 240 litre (c) 360 litre THE CITY OF NANAIMO Page 32 of 62

33 Section 6.0 Warranty 6.1 The should warrant the Carts and all of their parts against defects in materials and workmanship for minimum period of (10) years from the date of delivery to the resident(s) addresses. The warranty will be unconditional and non-pro-rated. acknowledges their proposed Cart meets the specifications: Yes No 6.2 The warranty will cover all costs associated with replacement of defective Carts or parts, including but not limited to freight charges to the City s Public Works Yard, 2020 Labieux Road, Nanaimo, British Columbia, Canada, applicable taxes and all other associated costs to deliver the replacement Carts or parts to the City. acknowledges their proposed Cart meets the specifications: Yes No 6.3 All warranties will survive the termination of the Agreement and will continue for the warranty period provided by the cart manufacturer. The warranty will cover, but is not limited to, the following: Failure of the lid to maintain a tight seal with the Cart body, such that elements such as rain and vermin are prevented from entering the Cart when the lid is in the closed position. Damage to the Cart body, the lid, hinge point or any component parts through the opening and closing of the lid. Failure of the lower lift bar, causing damage to the bar or Cart, through the normal use of automated collection equipment, if applicable. Failure of the body and lid to maintain their original shape. Distortion or peeling of City approved information that may be printed or imprinted on the Cart lid or body; Damage or cracking of the Cart body through normal operating conditions; Failure of the wheels to maintain structural integrity in order to provide continuous and smooth rolling and mobility as originally designed. Failure of any part of the Cart to conform to the minimum standards as specified within this RFP. Failure at attachment points of lids, hinges, wheels or other points of attachment. Cracking, facing, splitting, peeling, weathering degradation and/or lowered ultraviolet resistance to aging in the course of normal operational use. Failure of any specified information, identification, RFID identification, marking, graphics, numerals, dating, lettering, language or symbols on Carts to be clearly legible. Failure of any portion of the bottom of the Cart body to remain impervious to damage or wear-through after repeated contact with rough and abrasive surfaces. All transportation, taxes, customs, duties, excise, brokerage and other fees to deliver replacement Carts or parts F.O.B. to the City s Public Works Yard located at 2020 Labieux Road, Nanaimo, British Columbia, as well as any such fees required to send defective parts back to the or manufacturer, will be paid by the. All parts of the Cart should be usable for the warranty period of ten (10) years in the intended application including resistance to bottom wear and permanent deformation from loading and unloading of solid waste. It is to be understood that the Cart will be gripped by hydraulically operated equipment and will come in contact with asphalt, concrete, and other rough surfaces, including stairs. THE CITY OF NANAIMO Page 33 of 62

34 All Carts should remain durable in hot and cold temperature variations of this region. In addition, during the warranty period, the Cart and its component parts should maintain sufficient strength, shape and appearance, and be resistant to blows, kicks, and rodent penetration, such as to require no routine maintenance and in general be maintenance free. acknowledges their proposed Cart meets the warranty Yes No specifications: 6.4 The should guarantee continuous availability of a complete inventory of all replacement parts for the: 0.1 Duration of the Warranty Period Yes No 0.2 Duration of the Life Expectancy of the Carts as stated in Appendix B, Section Yes No 5.0, clause (5.15) 6.5 The RFID barcodes proposed by the should have the same minimum (10) year warranty as the Cart. acknowledges their proposed Cart meets the specifications: Yes No 6.6 s to state the process for making warranty claims, including the timeline for processing claims. THE CITY OF NANAIMO Page 34 of 62

35 Section 7.0 Replacement Parts 7.1 Ability to effectively supply replacements parts which include lids and wheels for the duration of the warranty and life cycle of the Cart, as identified in Appendix B, Section 5.0, clause Replacement parts must be the same or better quality as the original parts. They must meet the same specifications and should be subject to the same warranty and guarantees as set forth in this in this Appendix B Section 6.0 Warranty. acknowledges their proposed Cart meets the specifications: Yes No THE CITY OF NANAIMO Page 35 of 62

36 Section Hot Stamping Available Options - The City may opt to select the available options Hot stamping should be available as an option for an In-Mold Lid Graphic (IML) on the top of the recycle lid for all Cart sizes (a) Describe locations and sizes available for hot stamping (in white) words, numbers and graphics. Words may consist of Garbage Only, Recycle Only", Organic Waste. (b) Describe options for a colourful hot stamp design on top of the recycle lid which describes what can and what cannot be recycled. (c) Describe the locations on the lid and sizes for hot stamp (in white) arrow graphics: 8.2 Latch acknowledges their proposed Cart meets the specifications: Yes No A latch feature should be available as an option for 120 litre Carts. Describe the latch feature available to discourage wildlife (i.e. racoons, etc.). Latch needs to be of a type that opens when the Cart is dumped. acknowledges their proposed Cart meets the specifications: Yes No 8.3 Vented Organic Waste Lid for 120 and 240 litre organics cart. acknowledges available: Yes No 8.4 In-Mold design A colourful in-mold design should be available as an extra. This is a design that is molded into the lid of the wheedled cart during manufacture. The City may wish to have in mould designs on the tops of the carts to remind residents of what to (and not to) put inside the cart. Describe the In mould design feature available, please give specific sizes for each label on each size cart lid; 120, 240, 360. THE CITY OF NANAIMO Page 36 of 62

37 Appendix C - Form of Proposal Section 1 - Cart Manufacturing and Supply Capability Describe your Cart manufacturing and supply capability. Include past experience and proposed approach for manufacturing and supply Carts for this project. At a minimum provide the following information: Number of years of Cart manufacturing experience Number of Carts produced annually for the past (10) years Production capacity (#Carts that can be manufactured per week or each size) Shipping capacity (#Carts that can be shipped per week for each size) s are to provide the proposed approach and logistics for projected future Carts due to growth, replacement, etc. s are also to provide the minimum quantity and production time, to shipping, to delivery to Public Works Yard, 2020 Labieux Road, Nanaimo, British Columbia V9T 6J9, Canada. THE CITY OF NANAIMO Page 37 of 62

38 s will list all manufacturing facilities they intend to use. Component Manufactured at Facility (e.g. Cart body, lid, wheels, etc.) Manufacturing Facility Name Manufacturing Facility Full Address THE CITY OF NANAIMO Page 38 of 62

39 Section 2 - Cart Assembly and Delivery Capability to provide details of the distribution work plan and methodology, indicating at a minimum: 1) How Carts are distributed to individual households including vehicle information 2) Number of total distribution crews and the size of each distribution group 3) How many Carts delivered per day; 4) Days required to complete the distribution 5) Responding to missed delivery reports to provide details of the work plan and methodology for delivering various sizes of carts to addresses in two phases, including last minute upgrade to a larger cart. must describe their experience with distribution of carts with RFID tags using scanners to input cart information during cart door-to-door distribution. Outline the contingency plan in case of delays, including delays due to weather, manpower, or other foreseen or unforeseen circumstances. Contingency plans must address both cart manufacturing and supply, and cart assembly and door-to-door delivery. THE CITY OF NANAIMO Page 39 of 62

40 Section 3 - Termination of Services with Other Customers The is required to disclose any instances where contracts and or Agreements for services have been terminated in advance of specified expiry dates. The is required to answer the question below. Have any other contracts and or Agreement related to cart production, delivery or maintenance or other related work held by the ever been cancelled within the last ten (10) years? Yes No If yes, outline the details in the space provided below: Has the or any principals of the applicant organization, refused to enter into a contract and or Agreement after an award has been made, failed to complete a contract and or Agreement during the past ten (10) years, or been declared to be in default of a contract and or Agreement in the past ten (10) years? Yes No If yes, outline the details in the space provided below: THE CITY OF NANAIMO Page 40 of 62

41 Section 4 - Experience and Project Team Please provide a brief description/summary of the s experience in the cart industry. Provide an organization structure for the project team. The will include, at a minimum, leaders, managers, supervisors and other key staff who will be involved in the work including cart manufacturing and supply, cart assembly and door-to-door-delivery, customer relations, QA/QC, logistics, etc. The information to be provided will include, but is not limited to: Reporting and organizational structure Name and title of team member Key contact person for the City Proposed member responsibilities Demonstrated experience, in municipalities of similar size, if applicable Professional qualifications Provide information for each key project team member. Name & Title (e.g. John Smith, Field Manager) Project Role (e.g. Responsible for door-to-door distribution) Relevant Experience Professional Qualifications and/ or Designations THE CITY OF NANAIMO Page 41 of 62

42 Section 5 - List of Proposed Sub-Contractor Company Name Address Proposed Scope of Work Relevant Experience Section 6 - Issue Reporting and Resolution Each is to outline their process for client issue reporting and resolution. (maximum of 1 page) THE CITY OF NANAIMO Page 42 of 62

43 Section 7 - Implementation Schedule Outline the proposed preliminary project implementation schedule including major milestones and deliverables. It should include, but not be limited to such items as working design, prototype build, cart manufacturing, cart assembly and delivery of carts and educational materials to specified households in Zone 1 of the City by October 16, 2017 and zones 2 & 3 of the City by 18 June s should attach their proposed delivery schedule as an Appendix, clearly indicating when the carts will be delivered to meet target delivery date of October 16, 2017 (phase 1) and June 18, 2018 (phase 2 & 3). Please state whether the timeline set out by the City can be achieved; if not, to what extent. s should indicate the latest date that the cart order is required to meet the target delivery dates of October 16, 2017 and the latest time to place a cart order to meet the target delivery date of June 18, Section 8 - Quality Control / Quality Assurance Outline all QA/QC procedures for all aspects of this project including Cart manufacturing and supply, and Cart assembly and delivery. THE CITY OF NANAIMO Page 43 of 62

44 Appendix D - Pricing Form 1. The prices provided in this Pricing Form should include but are not limited to the cart design, cart prototypes (Delivered Duty Paid (DDP) City of Nanaimo Door-to-door delivery to each household, in two phases; Zone 1), during phase 1 and zones 2 & 3 during phase 2, cart manufacturing, interim storage of carts after manufacturing. The prices will also include all freight, insurances, business licenses, costs associated with criminal record checks, unloading at each household, duties, brokerage fees, royalties, handling, overhead, profit and all other costs related to the production and delivery of the carts to City of Nanaimo households. 2. The prices provided in this Pricing Form include full assembly of carts and delivery of carts to specified addresses (i.e. households) in the City of Nanaimo in accordance with the Deliverables. 3. Prices are to be quoted in Canadian dollars, exclusive of Provincial Sales Tax (PST) and Goods and Services Tax (GST). If the origin of manufacture is outside of Canada and s original prices are in an alternate currency, convert amount to Canadian dollars using the simple arithmetic average of direct closing exchange rate between the original currency and Canadian dollars for the previous five (5) trading days prior to Proposal submission, as published by the Bank of Canada. State the exchange rate and manufacturer origin: Product Manufactured in: Currency Prior to Conversion to Canadian Dollars 120 litre capacity cart Exchange Rate 240 litre capacity cart 360 litre capacity cart Note: The proposed Canadian prices herein are to be firm by the Successful performing the Deliverables of the Agreement, if any, for a minimum of six (6) months. THE CITY OF NANAIMO Page 44 of 62

45 Section Cart Prices The requirements and quantities stated herein are the City s best estimates of the requirements at the time of issuance of this RFP. Actual requirements, quantities and sizes may vary and are subject to change prior to the ordering deadline. The City may accept alternate sizes, the (s) are asked to ensure that where the sizing differs from the requested sizes, it is clearly marked ALTERNATE, and also ensure that the size is clearly identified. The City may award any alternate(s) in the best interest of the City. Item Description Requirement Quantity Unit Price (DDP, Canadian Dollar) Black/ Charcoal/Grey cart 120 litre- 21,100 Design and manufacturing $ $ Black/ Charcoal/Grey cart 240 litre- Design and manufacturing 4,100 $ $ Green cart 120 litre- Design and manufacturing 21,100 $ $ Green cart 240 litre- Design and manufacturing 3,100 $ $ Blue cart 240 litre- Design and manufacturing 21,100 Blue cart 360 litre- Design and manufacturing 5,200 Blue cart 120 litre- Design and manufacturing 300 Cart assembly & delivery (including 76,000 promotional materials) to City of Nanaimo $ $ specified addresses 9 RFID labels 76,000 $ $ 10 Hot Stamped Identification (7) digit serial number 76, 000 $ $ 11 Optional Locking Latch for 120 litre Green Lid 21,100 $ $ 12 Optional Locking Latch for 240 litre Green Lid 3, Optional Hot Stamping Garbage Only 25,200 $ $ 14 Optional Hot Stamping Organic Waste Only 24,200 $ $ 15 Optional Hot Stamping Recycle Only 26,600 $ $ 16 Optional Hot Stamping City of Nanaimo logo 76,000 on cart sides 17 Optional Hot Stamping (2) directional arrows 76,000 $ $ 18 Optional colorful In mold design on top of the recycle lid which describes what can and what cannot be recycled/ composted/ placed in 76,000 $ $ garbage 19 Optional Vented Lid for 120 litre Kitchen Waste 21,100 $ $ 20 Optional Vented Lid for 240 litre Kitchen Waste 3,100 $ $ Extended Price (Quantity x Unit Price) THE CITY OF NANAIMO Page 45 of 62

46 Section Annual Price Adjustments 2.1 The unit prices will remain firm for a period of six (6) months from the official date of award. Thereafter, pricing may be negotiated on an annual basis, with price adjustments to remain firm for a one-year period THE CITY OF NANAIMO Page 46 of 62

47 Appendix E - Reference Form The references should provide insight into a s general reputation along with the skills and qualifications necessary to diligently and properly perform the work in accordance with the Deliverables. City may check the references of any and all s at any time during the evaluation process at the City s sole discretion. References may be contacted by phone or in writing and any information received will be used to assist the evaluation committee in assessing a s capacity and capability to provide the Deliverables as outlined in this RFP. Each is requested to provide three (3) references from clients (other than the City of Nanaimo). Each should list references from clients within British Columbia Canada first, then clients within Canada, in accordance with the RFP scope in the last ten (10) years. Reference #1 Company Name: Company Address: 1) Location/Municipality 2) Type and size of Cart 3) Number of Carts in service 4) Years Carts have been in service 5) Identify the type of automated arm used by the collection vehicle for the Carts in service. 6) Cart breakage rate (# of broken Carts per 3,000 Carts in service) Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: (Project description, date, number and manufacture and size of Carts involved, project duration, etc) THE CITY OF NANAIMO Page 47 of 62

48 Reference #2 Company Name: Company Address: 1) Location/Municipality 2) Type and size of Cart 3) Number of Carts in service 4) Years Carts have been in service 5) Identify the type of automated arm used by the collection vehicle for the Carts in service. 6) Cart breakage rate (# of broken Carts per 3,000 Carts in service) Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: (Project description, date, number and manufacture and size of Carts involved, project duration, etc) Reference #3 Company Name: Company Address: 1) Location/Municipality 2) Type and size of Cart 3) Number of Carts in service 4) Years Carts have been in service 5) Identify the type of automated arm used by the collection vehicle for the Carts in service. 6) Cart breakage rate (# of broken Carts per 3,000 Carts in service) Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: (Project description, date, number and manufacture and size of Carts involved, project duration, etc) THE CITY OF NANAIMO Page 48 of 62

49 Appendix F - Sample Form of Agreement Note: This Agreement is provided as a draft only; the Agreement between the City and the Successful will be completed after negotiations have been finalized. RFP No Supply & Delivery of Garbage, Recycling, Food Waste Wheel Carts THIS AGREEMENT is made as of the day of BETWEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 (Hereinafter called the City ) ON THE FIRST PART AND (Hereinafter Referred to as Supplier ) ON THE SECOND PART WHEREAS: The City wishes to retain the Supplier for the provision of the Deliverables specified in Appendix B and in, consideration for the prices set out in Appendix D, the has agreed to provide the Deliverables, on the terms and conditions set out in this Agreement. As a result, the City and the Supplier agree as follows: 1.0 Definitions and Interpretation 1.1 In this Agreement the following terms have the meanings as set out below: a. Addenda / Addendum means a change, or addition, or correction significant enough to be formally made to this RFP within the competitive time period. Addendums are posted on the City s website and on BC Bid s website. b. Business Day means any day from Monday to Friday inclusive, excluding statutory or civic holidays observed in British Columbia. c. Agreement means the written Agreement to be entered into subsequent to negotiations, if any, between the Successful and the City. d. Cart means and refers to a 120 litre, or a 240 litre, or a 360 litre capacity Cart. e. City (CON) means the City of Nanaimo. f. City s Designate means a staff member that will represent the City for the purpose of this document. g. Closing Date and Time means the deadline for that Proposals will be considered compliant, as specified herein. h. Closing Location means the physical address that the City has posted on the cover page where the submission for this RFP must be delivered. i. Deliverables means the Carts and services to be delivered under the Agreement, as described in detail herein. j. Pricing Bid Form means the Forms provided by the City as part of this RFP to be completed and submitted by the Bidders. k. Proposal means all the documentation and samples submitted by the in response to this RFP. THE CITY OF NANAIMO Page 49 of 62

50 l. means the person, company or corporation submitting a Proposal in response to this RFP. m. Radio Frequency Identification (RFID) Tag means a system that uses small radio frequency identification devices for identification and tracking purposes. n. Request for Proposals (RFP) means this document No. 1946, including all appendices and attachments. o. Successful (s) means the (s) who may be chosen by the City to attempt to negotiate an agreement pursuant to the RFP. p. Supplier(s) means the legal entity that the City has successfully negotiated and has awarded the Agreement to pursuant to the RFP. q. Target Date means the date that the carts are required to be distributed to all participating households as described herein. 2.0 Representatives 2.1 The Representative identified below will be the primary point of contact for each party in the administration of this Agreement. Either party may change its Representative or appoint an authorized designate by written notice to the other party. For the purpose of this Agreement, the City designate: [Name, Title] [Address] [Phone] [Cell No.:] [ ] For the purpose of this Agreement, the Supplier designate: [Name, Title] [Address] [Phone] [Cell No.] [ ] 3.0 Expiry and Renewal of Agreement 3.1 The Agreement will expire one (1) year from the commencement of award, unless the option to extend the Agreement on the same terms and conditions for up to three (3) and two (2) additional one (1) year terms for a potential total term of five (5) years. The option will be exercisable by the City giving notice to the Supplier not less than ninety (90) days prior to the original expiry date. 3.2 The City shall not incur any liability should it choose not exercise its exclusive option to extend the Agreement. 4.0 Agreement Documents 4.1 The terms and conditions of the Agreement documents, whether or not actually attached to this Agreement will govern the terms of this Agreement. The Agreement documents include and may consist of: (a) This Agreement, including any Addenda to this Agreement; (b) The Request for Proposal No 1946, including any Addenda to the Proposal; (c) The Successful s Proposal submission; (d) Criminal Record Checks for personnel assigned to perform the door-to-door deliveries; (e) Insurances and Business Licenses and Work Safe BC, as required; (f) The City s Purchase Order; and (g) Those parts not referenced above, but agreed upon by both Parties. THE CITY OF NANAIMO Page 50 of 62

51 5.0 No Exclusivity 5.1 The City is not bound to treat the Supplier as its exclusive Supplier of any Carts. 5.2 The City shall be entitled, in its sole discretion, to purchase Carts of the same type as, or similar to the Carts from any Supplier at any time. 6.0 Business License 6.1 At its own expense, the Supplier and any approved sub-contractors shall obtain and maintain a current City of Nanaimo or Inter-Community Business Licence for the duration of the Agreement term, including any extensions, if mutually agreeable. 7.0 Invoicing and Payment 7.1 Upon delivery of fully-assembled and functional Deliverables to specified household addresses in the City as required in the RFP, the City will accept invoices from the Supplier and process such invoices for payment. The City will not be liable to make any payment on account of the Deliverables unless and until such Deliverables are delivered to specified address in Nanaimo as required in this Agreement. 7.2 The Supplier may provide invoices related to Deliverables on a weekly basis. 7.3 The Supplier will provided documented proof of delivery which will serve as proof of delivery for each invoice. 8.0 Content of Invoices 8.1 Each of the Supplier s invoices shall set out, at a minimum: (a) The relevant purchase order number and Agreement number; (b) The invoice date; (c) An itemized list of the amounts owning and details of any applicable taxes; (d) A description of the Carts, quantity, unit price, extended total (e) Details of any applicable taxes shown as a separate line item. (f) Invoices are submitted monthly in arrears to the Accounts Payable Department by mail to: City of Nanaimo, Accounts Payable Department, 455 Wallace Street, Nanaimo, BC V9R 5J6 or by finance.division@nanaimo.ca (g) Except as otherwise provided in this RFP, no payment for extras shall be made unless such extras and prices have been authorized in writing by the City s designate. (h) The City s standard payment term is Net (30) days from invoice date. (i) The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing. 9.0 Changes by Written Amendment Only 9.1 Any changes to the Agreement will be by written amendment signed by the parties. No changes will be effective or will be carried out in the absence of such an amendment. Any such written changes will be included in the definition of Agreement Criminal Records Check 10.1 Employees of the Supplier shall not commence the distribution of the Carts to households until the results of a criminal records check have been received by the City. The Supplier shall ensure that if any of its employees have a criminal record that such employees do not provide door-to-door deliveries. THE CITY OF NANAIMO Page 51 of 62

52 11.0 Indemnity 11.1 The Supplier shall indemnify and save harmless the City of Nanaimo 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 Deliverables as provided by the (s) under this Agreement, if any, 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 Insurance Requirements 12.1 Once successfully negotiated and awarded the Successful must, without limiting the Successful s obligations or liabilities and at the Successful s own expense, purchase and maintain throughout the Agreement 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 Agreement, if any. (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 (15) day s notice of cancellation or lapsing or any material change in the insurance policy The Successful must provide to the City, prior to the commencement of the award of the Agreement, a certificate of insurance or other evidence which satisfied the City that the required insurance has been acquired and is in force The Successful is responsible for any deductible amounts under the policies. The cost of all insurance required by this RFP shall be included in the Successful s fees Business License 13.1 At its own expense, the Supplier and any approved sub-contractors shall obtain and maintain a current City of Nanaimo or Inter-Community Business Licence for the duration of the Agreement term, including any extensions, if mutually agreeable Laws, Permits and Regulations 14.1 The RFP and potential Agreement is governed by and construed in accordance with the laws of the Province of British Columbia. THE CITY OF NANAIMO Page 52 of 62

53 14.2 During performance of the Deliverables, the Preferred must comply with all applicable statutes, regulations, bylaws, rules, orders and other requirements enacted or imposed by Federal, Provincial, Municipal or other governmental bodies, agencies, tribunals or other authorities (as may be amended or substituted form time to time), including, without limitation, the Worker s Compensation Act (British Columbia), Occupational Health and Safety Act (British Columbia), the Labour Relations Code (British Columbia). The Preferred Respondent is responsible for obtaining any permits, licenses or certifications (and any associated fees or charges) required by such statutes, regulations, bylaws, rules, orders and other requirements and at the City s request, the Respondent must provide to the City a copy of such permits, licenses or certifications WorkSafe BC 15.1 The Supplier 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, if any. The Supplier agrees and shall: (a) 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; (b) 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 (c) Be solely responsible for to ensure that all sub-contractors have proper WorkSafe BC coverage. (d) The Supplier 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. (e) The Supplier 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 "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded Force Majeure 16.1 Neither party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of Public Authority, Act of God or to any other cause beyond its control, except labour disruption or financial or economic inability to perform In the event Force Majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause Should the Force Majeure event last longer than (30) calendar days, the City may terminate this Agreement immediately by written notice to the Supplier without further liability, expense, or cost of any kind. THE CITY OF NANAIMO Page 53 of 62

54 17.0 Termination of Agreement 17.1 Immediate Termination of Agreement The City may immediately terminate the Agreement upon giving notice to the Supplier where: (a) The Supplier is insolvent, adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Supplier s insolvency; (b) The Supplier, prior to or after executing the Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; (c) The Supplier undergoes a change in control which adversely affects the Supplier s ability to satisfy some or all of its obligations under the Agreement; (d) The Supplier sub-contracts for the provision of part or all of the Deliverables or assigns the contract and or Agreement without first obtaining written approval of the City; (e) The Supplier s performance of the provision of the Deliverables during a Proof of Concept process fails to meet the performance requirements of the City. (f) The Supplier acts or omissions constitute a substantial failure of performance Termination on Notice The City reserves the right to terminate the Agreement, without cause, upon thirty (30) calendar day s prior notice to the Supplier. If requested by the City under the notice of termination, the Supplier will suspend the provision of the Deliverables under the Agreement upon receipt of the notice of termination If the City terminates this Agreement under clause 17.0, the City will pay to the Supplier for the portion of the Deliverables that have been completed to the City s satisfaction before termination of the Agreement Upon terminating the Agreement under any of the above provisions, the City shall be relieved from all further obligations and may take such steps as it deems necessary to provide for the continued and uninterrupted provision of the Deliverables through its own forces or from another supplier Assignment/Sub-Contract of Agreement 18.1 The Supplier shall not assign or sub-contract its obligations under this Agreement, in whole or in part, without prior written approval of the City Prime Contractor Responsibilities 19.1 The Supplier to this Agreement 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 Supplier should also understand the general duties of the Owner as defined in the Workers Compensation Act, Section 119 General Duties of Owner. The Supplier should have the necessary qualifications and be willing to accept the responsibilities as Prime Contractor for this Agreement. THE CITY OF NANAIMO Page 54 of 62

55 20.0 Fuel Consumption Data Reporting 20.1 The City is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends Commencing on the Agreement on the effective date, the Supplier will be required to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of the Deliverables. Fuel consumption associated with the provision of the Deliverables must be provided to the City of Nanaimo by on a date as agreed upon by the Supplier and the City. Data provided should be completed as outlined on the Fuel Reporting Consumption Worksheet as per the attached sample Transfer of Property 21.1 Transfer of property of the Carts will not pass from the Supplier to the City until the City has accepted such Carts in accordance with the terms of this Agreement Risk 22.1 The Supplier will assume all risks with respect to the Carts until the transfer of property in such arts passes to the City in accordance with the terms of this Agreement Manufacturing Facility Changes 23.1 The Preferred Respondent will inform the City if any manufacturing facilities are removed or added over the course of the Agreement 24.0 Ownership of Documents 24.1 All reports and other documents produced from the Deliverables shall become the sole property of the City, and the City shall have the right to utilize all of them for its benefit in any way it sees fit without limitation Freedom of Information and Protection of Privacy Act 25.1 This Agreement is subject to the provisions of British Columbia s (Canada) Freedom of Information and Protection of Privacy Act. The Supplier acknowledges that the City is subject to the Freedom of Information and Protection of Privacy Act (British Columbia, Canada), which imposes significant obligations on the City s Suppliers to protect all personal information acquired from the City in the course of providing any service to the City Dispute Resolution 26.1 In the event of a dispute arising between the City and the Supplier 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. THE CITY OF NANAIMO Page 55 of 62

56 27.0 Notices 27.1 Any notice required to be given in this Agreement shall be deemed to be duly given to the City if sent by registered mail addressed to the City s Manager of Purchasing and Stores, Purchasing Department, 2020 Labieux Road, Nanaimo, British Columbia V9T 6J9, Canada or electronically to purchasinginfo@nanaimo.ca, attention Manger of Purchasing and Stores the Supplier if sent by registered mail addressed to the Supplier at the address noted on the first page above in this Agreement or electronically to address:. IN WITNESS WHEREOF this Agreement has been executed as of the day and year first written above by and on behalf of the Parties by their duly authorized signatories. 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. [SUPPLIER NAME] Authorized Signature Date Print Name and Title Authorized Signature Date Print Name and Title Authorized Signature Date Print Name and Title On Behalf of CITY OF NANAIMO Authorized Signature Date Print Name and Title THE CITY OF NANAIMO Page 56 of 62

57 Appendix G Consent of Surety Sample CONSENT OF SURETY COMPANY We, the undersigned Surety Company, do hereby consent and agree to become bound as guarantor in a Performance Bond and Labour and Material Payment Bond each in the amount of fifty percent (50%) of the total tender for the fulfillment of the Agreement, with as principal for the works specified in the Agreement Documents entitled which Agreement may be awarded within sixty (60) days from the closing date of tenders to at the price(s) set forth in the tender. The Bonds shall be issued in the form and manner specified within the Agreement Documents. We hereby further declare that our Company is licensed to conduct business in the province or territory wherein the work is located and has a net worth greater than the amount of the required guarantee. Surety Company Signature for Surety Company Title PLACE DATE: THE CITY OF NANAIMO Page 57 of 62

58 APPENDIX H - LABOUR AND MATERIAL PAYMENT BOND (Trustee Form) No. $ NOTE: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned by the full and faithful performance of the Contract. Know All Men by These Presents That hereinafter called the Principal, and as Principal a corporation created and existing under the laws of, and duly authorized to transact the business of Suretyship in, as Surety, hereinafter called the Surety, are held and firmly bound unto as Trustee, hereinafter called the Obligee, for the use and benefit of the Claimants, their and each of their heirs, executors, administrators, successors and assigns in the amount of ($ )of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a written contract with the Obligee, dated the day of 20, for which contract, Specifications & Drawings are by reference made a part hereof, and is hereinafter referred to as the Contract. No, Therefore, the Condition of This Obligation is such that if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or cooperation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised edition of the publication of the Canadian Construction Association titled "Rental Rates on Contractors' Equipment" published prior to the period during which the equipment was used in the performance of the Contract. (2) The Principal, and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided, that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond.

59 (3) No suit or action shall be commenced hereunder by any Claimant: (a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such person or served in any manner in which legal process may be served in the Province or other part of Canada in which the subject matter of the Contract is located. Such notice shall be given (1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; (2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal; (b) after the expiration of one (1) year following the date on which Principal ceased work on the Contract, including work performed under the guarantee provided in the Contract; (c) other than in a court of competent jurisdiction in the Province or District of Canada in which the subject matter of the Contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such court. (4) The Surety agrees not to take advantage of Article 1959 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothecs and privileges of said Claimant. (5) The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens which may be filed of record against the subject matter of the Contract, whether or not claim for the amount of such lien be presented under and against this Bond. (6) The Surety shall be liable for a greater sum than the specified penalty of this Bond. day of In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this 20 Signed and Sealed ( (SEAL) In the presence of ( ( (SEAL) Endorsed by The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Canadian Construction Association The Engineering Institute of Canada The Specification Writers Association of Canada Approved by Insurance Bureau of Canada Attorney-in-fact

60 APPENDIX I - PERFORMANCE BOND No. $ Know All Men by These Presents That hereinafter called the Principal, and a corporation created and existing under the laws of, and duly authorized to transact the business of Suretyship in, as Surety, hereinafter called the Surety, are held and firmly bound unto as Principal as Obligee, hereinafter called the Obligee, in the amount of Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas Whereas, the Principal has submitted a written tender to the Obligee, dated the day of 20, for in accordance with the Specifications and Drawings submitted therefor which contract, Specifications and Drawings, are by reference made part hereof and are hereinafter referred to as the Contract. Now, Therefore, the Condition of This Obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) complete the Contract in accordance with its terms and conditions or (2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. No right of action shall accrue on this Bond, to or for the use of, any person or cooperation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20 Signed and Sealed ( (SEAL) In the presence of ( ( (SEAL) Endorsed by Insurance Bureau of Canada The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Engineering Institute of Canada The Specification Writers Association of Canada Approved by Insurance Bureau of Canada Approved by Canadian Construction Association, 1972 Attorney-in-fact

61 APPENDIX I - PERFORMANCE BOND No. $ Know All Men by These Presents That hereinafter called the Principal, and a corporation created and existing under the laws of, and duly authorized to transact the business of Suretyship in, as Surety, hereinafter called the Surety, are held and firmly bound unto as Principal as Obligee, hereinafter called the Obligee, in the amount of Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas Whereas, the Principal has submitted a written tender to the Obligee, dated the day of 20, for in accordance with the Specifications and Drawings submitted therefor which contract, Specifications and Drawings, are by reference made part hereof and are hereinafter referred to as the Contract. Now, Therefore, the Condition of This Obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) complete the Contract in accordance with its terms and conditions or (2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. No right of action shall accrue on this Bond, to or for the use of, any person or cooperation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20 Signed and Sealed ( (SEAL) In the presence of ( ( (SEAL) Endorsed by Insurance Bureau of Canada The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Engineering Institute of Canada The Specification Writers Association of Canada Approved by Insurance Bureau of Canada Approved by Canadian Construction Association, 1972 Attorney-in-fact

62 Appendix K - Map - Zones 1 & 2 Automated Curbside Collection 2017 DOVER RD AULDS RD HAMMOND BAY RD METRAL DR RUTHERFOR D RD UPLANDS DR MOSTAR RD ISLAND H IGHWAY N DEPARTURE BAY RD JINGLE POT NORWELL DR R D LABIEUX RD NANAIMO PARKWAY NORTHFIELD RD BOW EN RD BOUNDARY AVE ESTEVAN RD STEWART AVE EAST WELLINGTON RD TERMINAL AVE N TOWNSITE RD JINGLE POT RD WAKESIAH AVE THIRD ST FRO N TERMIN AL AVE ALBERT ST T ST FIFTH ST BRUCE AVE VICTORIA RD NICOL ST NA N AIMO PARKWAY OLD VICTORIA RD DUKE POINT HWY TENTH ST ISLAND HIGHWAY CEDAR RD S E XTENSION RD City of Nanaimo Sort Toss Roll Implementation Areas Phase 1 - Fall 2017 Phase 2 - Summer 2018 O Kilometers 1:70,000 Published: May 4, 2017 G II S S E C T IIO N gis.support@nanaimo.ca