Request for Proposal No On Call Painting Contractors

Transcription

1 RFP #1418 On Call Painting Contractors Request for Proposal No On Call Painting Contractors Issue Date: April 4, 2013 Closing Location Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 Closing Date and Time Proposals must be received at the Purchasing Department prior to: 3:00 p.m. (15:00 hrs) Pacific Time, Thursday, April 25, 2013 Specification Enquires are to be directed to: Ian Blackwood, Manager Facility Maintenance & Construction Proposal Process Enquiries are to be sent to: Silvia Reid, SCMP, Buyer Enquiries after April 22, 2013 Pacific Time will only be answered at the discretion of the City if time permits. Mandatory Information Meeting A mandatory information meeting will be held on Friday, April 12, 2013 at 9:00 a.m., Pacific Time at the City of Nanaimo, Public Works Yard Meeting Room located at 2020 Labieux Road, Nanaimo, BC. Attendance is mandatory. Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal. 1

2 RFP #1418 On Call Painting Contractors Table of Contents 1.0 Introduction Instructions to Proponents General Terms and Conditions Evaluation and Selection Proposal Submission Format and Content Schedule A Scope of Work and Requirements Schedule B City of Nanaimo Paint Codes General Paint Appendix A Sample Form of Agreement Appendix B Contractor Reporting Fuel Consumption Worksheet Instructions... 1 Appendix C Contractor Reporting Fuel Consumption Worksheet... 1 Appendix D Prime Contractor General Information Appendix E Prime Contractor PreConstruction Meeting Form Appendix F Article 31 Information Appendix G Receipt Confirmation Form Appendix H Acceptance of RFP Terms and Conditions Form Appendix I Proponent Questionnaire Response Form 2

3 RFP #1418 On Call Painting Contractors SECTION 1.0 INTRODUCTION 1.1 Overview of the Requirement The City of Nanaimo (the City ) desires to establish contractual relationships with qualified Painting Contractors capable of performing minor painting and painting-related projects (the Services ) on an as needed basis. The City will select at its sole discretion a Primary and up to two (2) Secondary Contractor(s). Specifically the City is looking for Contractors experienced in commercial and facility type painting project ranging in size from under $5,000 to $25,000. The Contractor and any sub-contractors should have a minimum of five (5) years painting experience. The selected Painting Contractors will not necessarily be considered to be the exclusive Contractor of the Services to the City. The City reserves the right to solicit tenders, proposals and/or quotations from other Painting Contractors for individual projects anticipated to exceed $25,000, or perform the work in-house. Proponents shall be aware that any personnel (Prime Contractor or sub-contractors) working under this Contract will be required obtain a criminal records check prior to beginning any Work. The City anticipates the Contract(s) resulting from this opportunity will be for a term of three (3) years, with the City reserving the right to extend the term up to an additional two (2) one (1) year terms under the same terms and conditions. The City has the right at their sole discretion to use any or all of the option years of the Contract. The City cannot guarantee any Work as all painting Projects are subject to funding availability and project priorities and approval to proceed. SECTION 2.0 INSTRUCTIONS TO PROPONENTS 2.1 Request for Proposal Terminology The following terms will apply to this Request for Proposal and to any subsequent Contract. A submission in response to this RFP indicates acceptance of all the following terms: (a) City means the City of Nanaimo. (b) Project Manager means the person responsible for the Project from start to finish. (c) Contract means the written Agreement resulting from this Request for Proposal awarded to and executed by the City and the successful Proponents. (d) Contractor means the successful Proponent who enters into a Contract with the City (e) must mandatory shall means a requirement that must be met in order for a Proposal to receive consideration. (f) Contractor or plural thereof means the successful Proponent who the City has entered into a Contract with. (g) Proponent or plural thereof means an individual or company that intends to submit a Proposal in response to this Request for Proposal. (h) Proposal or plural thereof means the complete Proposal document submitted in accordance with the terms and conditions of this Request for Proposal. (i) Request for Proposal RFP means this document and all of its contents, attachments and addendum thereto as issued by the City. 3

4 RFP #1418 On Call Painting Contractors (j) Project or plural thereof means the painting Services requested by the City s Project Manager. (k) should desirable means a requirement having a significant degree of importance to the objectives of the objectives of the Request for Proposal. (l) Services means minor painting and painting related Project(s). (m) Work means all the labour, materials, equipment, tools, supplies, supervision and all other items necessary for the execution, completion and fulfilment of the Services at the rates submitted. (n) Work Site or plural thereof means any City Park or City owned facility where the Services or Work is being performed. 2.2 Mandatory Information Meeting In order to provide an overview of the RFP process, clarify the Scope of Work and Requirements and answer any questions Proponent s may have, there will be a mandatory information meeting held on: Date: Friday, April 12, 2013 Start Time: 9:00 a.m., Pacific Time Location: City of Nanaimo Public Works Yard Meeting Room 2020 Labieux Road, Nanaimo, British Columbia Only those Proponents attending the mandatory information meeting will be eligible to submit a Proposal. Proponents must sign the sign-in sheet to confirm attendance. Questions posted by Proponents and answered at the Information Meeting may not be further documented or disseminated. Questions which are taken under advisement at the meeting will be documented and the response shall be distributed to the Proponents recorded as attending the meeting and posted on the BC Bid and City of Nanaimo websites. 2.3 Closing Date and Delivery Instructions Proposals must be received by the Purchasing Department prior to 3:00 p.m. (15:00 hrs), Pacific Time, Thursday, April 25, 2013 (the closing date & time) by one (1) of the following two (2) methods: i. By hand/courier delivery to the only acceptable address and department: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be enclosed in a sealed envelope, clearly marked RFP 1418 On Call Painting Contractors and should include one (1) hard copy of the Proposal and one (1) electronic copy on CD/DVD or USB flash drive. It is the Proponent s sole responsibility to ensure the hard copy, CD/DVD; USB flash drive submission contains the same information. The City of Nanaimo will not be liable for any discrepancy between the hard copy submission and the electronic copy; OR ii. Electronically submitted at the only acceptable address: purchasinginfo@nanaimo.ca Please note: Maximum file size limit is 8MB, or less. Proposals received after the closing date & time will not be considered. 4

5 RFP #1418 On Call Painting Contractors Proposals received by facsimile will not be considered. It is the Proponent s sole responsibility to ensure they allow themselves enough time to submit their Proposal to the Purchasing Department. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier. Electronically submitted Proposals shall be deemed to be successfully received when displayed as new has been received by the Purchasing Department at the City of Nanaimo. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc. 2.4 Enquiries All inquiries related to this Request for Proposal should be directed, in writing, to the following person ( is the preferred form of communication). Specification Enquires: Attn: Ian Blackwood, Manager Facilities Maintenance & Construction Phone: ian.blackwood@nanaimo.ca Proposal Process Enquiries: Silvia Reid, SCMP, Buyer Phone: silvia.reid@nanaimo.ca Enquiries after April 22, 2013 Pacific Time will only be answered at the discretion of the City if time permits. Information obtained from any other person or source is not official and are not to be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the City s option and will be distributed in the form of written addenda issued by the Purchasing Department. 2.5 Receipt Confirmation Form Appendix G For any further distributed information about this Request for Proposal, please return this form by fax to or to purchasinginfo@nanaimo.ca. Proponents are to note all subsequent information will also be posted on BC Bid website at and the City of Nanaimo website at The City will attempt to send information directly to Proponents that have returned the Receipt Confirmation Form, but it is the responsibility of the Proponents to ensure that all information has been received. 2.6 Addenda If the City determines that an addendum is required to this RFP, the City s Purchasing Department will issue an addendum and such an addenda will be posted on the BC Bid website at the City of Nanaimo website at While the City will attempt to send information to Proponents who have returned the Receipt Confirmation Form, it is the sole responsibility of the Proponent to check for amendments on the BC Bid and City of Nanaimo websites issued up the closing date & time. 5

6 RFP #1418 On Call Painting Contractors Each addendum will be incorporated into and become part of the RFP document. No addendum of any kind to the RFP is effective unless it is contained in a written addendum issued by the City s Purchasing Department. 2.7 Signed Proposals Appendix H Acceptance of RFP Terms and Conditions Form must be signed by a person authorized to sign on behalf of the Contractor and to bind the Proponent to statements made in response to this Request for Proposal. 2.8 Sample Form of Agreement Appendix A The City expects the final, negotiated form of Agreement will be substantially in the form of the Sample Form of Agreement included in this RFP as Appendix A, and Proponents should examine and consider the sample Agreement carefully in preparing their Proposal. Proponents should understand that the attached Agreement is a sample only and modifications to it may be made prior to execution of the final Agreement upon mutually negotiated terms. 2.9 Examination of Documents By submitting a Proposal, the Proponent will be held to have personally examined the RFP document and all attachments and has satisfied themselves as to their ability to meet all the requirements in the execution of the proposed Agreement, before the delivery of their Proposal, and agree that the Proponent will make no claims against the City based on errors, omissions, or misunderstanding of the provisions of the RFP or Agreement. Proponents will not be given payments or consideration for conditions that should have been determined by/during the above examination Liability for Errors While the City has used considerable efforts to ensure information in this RFP is accurate, the information contained in this RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from the responsibility of conducting their own investigations and research and forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. Proponents will be solely responsible to ensure their Proposal meets all requirements of the Request for Proposal, to advise the City immediately of any apparent discrepancies or errors in the Request for Proposal, and to request clarification if in doubt concerning the meaning or intent of anything in the Request for Proposal Proponent s Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 6

7 RFP #1418 On Call Painting Contractors 2.12 Limitation of Damages Further to the preceding paragraph, the Proponent, by submitting a Proposal, agrees that it will not claim for damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of any amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal and the Proponent, by submitting a Proposal, waives any claim for loss of profits if no Contract is made with the Proponent Changes to Proposal Wording The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the City for the purposes of clarification Pricing (a) All painting Services will be scheduled to cause least disruption to the public and City staff. All prices submitted must reflect this. (b) Proponents are to build their pricing with regular, overtime and statutory holiday work hours anytime; 24/7/365 and will include transportation, travel time, labour, supervision, safety gear, materials, equipment, tools, scaffold and all other charges applicable to complete the Work. (c) Hourly rates apply to time on-site only. (d) Travel time shall not apply to and from the Contractor s shop or other job sites. (e) All prices are quoted in Canadian dollars excluding all applicable taxes. (f) All pricing must be all-inclusive and remain firm for the duration of the Contract Error in Pricing In case of conflict between the unit prices and totals, the unit price will govern Conflict of Interest By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen by the City to create a conflict Acceptance of Proposals (a) This Request for Proposal should not be construed as an Agreement to purchase goods or services. The City is not bound to enter into a Contract with the Proponent who submits the lowest priced Proposal or with any Proponent. Proposals will be assessed in light of the evaluation criteria identified in Section 4.0, Clause (4.3). The City will be under no obligation to receive further information, whether written or oral from any Proponent. (b) Neither acceptance of a Proposal nor execution of a Contract will constitute approval from any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statue, regulation or by-law Privilege Provisions The City reserves the right to: (a) Reject any and all Proposals, including without limitation the lowest priced Proposal, even if the lowest priced Proposal conforms in all aspects with the RFP; or 7

8 RFP #1418 On Call Painting Contractors (b) Accept a Proposal which is not the lowest priced, even if the lowest priced Proposal conforms in all aspects with the RFP; or (c) Award a Contract in full, in part, or to split an award with more than one Proponent on the basis of Proposals received, as it deems appropriate and in the City s best interests; or (d) To reject Proposals which are incomplete, conditional or obscure or erasures or alterations of any kind; or (e) To reject any or all Proposals at any time prior to execution of an Agreement; or (f) To waive minor informalities, irregularities or other deficiencies in any Proposal; or (g) To accept a Proposal which does not conform strictly to the requirements of the Proposal documents; or (h) Amend or revise the RFP by addenda up to the specified closing date and time; or (i) To assess the ability of the Proponent to perform the Contract and reject any Proposal where, in the City s sole estimation, the personnel and/or resources of the Proponent are insufficient; or (j) To award a Contract to the Proponent other than the one with the most points, if, in the City s sole determination, another Proposal is determined to be the Best Value to the City, taking into consideration the price and evaluation criteria of the RFP Right to Cancel the RFP Process The City reserves the right in its sole discretion to postpone or cancel this RFP process at any time and may in its discretion, elicit offers from other parties (whether or not such parties have responded to this RFP) or engage in another procurement process, including re-issuing a similar RFP or negotiating with any party if: (a) Only one Proposal is received; or (b) A suitable Proponent has not been selected; or (c) At any time prior to entering into a executed Agreement with the successful Proponent; or (d) Approval is not granted by the City of Nanaimo Council, or Assistant City Manager/GM, or Director of Finance as outlined in the City of Nanaimo s Council Policy Purchasing Policies; or (e) All Proposal(s) exceed the City s set budget for this RFP Litigation Clause The City may, in its absolute discretion, reject a Proposal submitted by Proponents if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to: Any other Contract for works or Services; or Any matter arising from the City s exercise of its powers, duties or functions under the Local Government Act for another enactment Within five years of the date of this Request for Proposal. In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the affect the Proponent s ability to work with the City, its consultants and representatives and whether the City s experience with the Proponent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Proponent. 8

9 RFP #1418 On Call Painting Contractors 2.21 Ownership of Proposals All Proposals submitted to the City become the property of the City. They will be received and held by the City subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA) Withdrawal of Proposals Proponents may withdraw their Proposal at any time prior to the RFP closing date & time by submitting a written withdrawal letter to the Purchasing Department via purchasinginfo@nanaimo.ca, attention: Silvia Reid, Buyer Open for Acceptance The Proponent s offer shall remain open for acceptance for ninety (90) calendar days from the Closing Working Language of the City The working language of the City is English and all responses to this Request for Proposal must be in English Debriefing At the conclusion of the Request for Proposal process, all Proponents will be notified. Unsuccessful Proponents may request a debriefing meeting with the City Opening of Proposals Proposals will not be opened in Public. Section 3.0 General Terms and Conditions 3.1 Definition of Contract Notice in writing to a Proponent that is has been identified as the successful Proponent and the subsequent full execution of a written Agreement will constitute a Contract for the Services, and no Proponent will acquire any legal or equitable rights or privileges relative to the Services until the occurrence of both such events. 3.2 Form of Contract (a) By submission of a Proposal, the Proponent agrees that should it be identified as the successful Proponent it is willing to enter into an Agreement with the City in accordance with the terms of the Sample Form of Agreement shown as Appendix A. (b) Any changes to the Agreement after it is issued will be by way of a modification and will only be legally binding upon prior mutual agreement in writing by the parties to the Agreement. 3.3 Business License The successful Proponent will obtain and maintain throughout the term of this Agreement a valid City of Nanaimo business license. 3.4 Insurance Requirements The successful Proponent prior to Contract award shall provide evidence of insurance as stated in Appendix A Sample Form of Agreement, Clause (22) Insurance Requirements. No Contract will be awarded to any Contractor who cannot meet the insurance requirements. 9

10 RFP #1418 On Call Painting Contractors 3.5 WorkSafe BC The successful Proponent shall provide a WorkSafe BC clearance letter to verify the Contractor is in good standing prior to Contract award. No Contract will be awarded to any Contractor who is not in good standing with WorkSafe BC. 3.6 Prime Contractor The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder should also understand the general duties of the Owner as defined in the Workers Compensation Act, Section 119 General Duties of Owner. The Bidder should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract. Prime Contractor information is included in: Appendix D : Prime Contractor General Information Form; and Appendix E : Prime Contractor Preconstruction Meeting Form. 3.7 Fuel Consumption Data Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. Commencing on the Agreement start date, the City of Nanaimo will require the successful Proponent to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of services described in this Contract on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided should be completed as outlined on the Contractor Reporting Fuel Consumption Worksheet Instructions Appendix B and Contractor Fuel Reporting Consumption Worksheet Appendix C. 3.8 Minimum Rate of Pay Collective Agreement Between the City of Nanaimo and Canadian Union of Public Employees, Local Article 31 Contract or Sub-Contracts Every Contract made by the Employer for construction, remodeling, repair or demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition: Minimum rate of pay for work performed under this Contract or under sub-contract shall be as classified in the current Agreement between the City of Nanaimo and the Canadian Union of Public Employees, Local No Minimum Rate of Pay information is included in: Appendix F Article 31 Information 3.9 Time is of the Essence Time is of the essence. 10

11 RFP #1418 On Call Painting Contractors Section 4.0 Evaluation and Selection 4.1 Evaluation Team Evaluation of Proposals will be by a team formed by the City, which may consist of one or more persons. The City reserves the right and at its sole discretion to choose the evaluation team members. The evaluation team may, at its sole discretion seek clarification or additional information on any Proposal when it is in the best interest of the City to do so. The evaluation team may consider such clarifications or additional information in evaluating Proposals. 4.2 Mandatory Requirements The following are mandatory requirements. Proposals not meeting all the mandatory criteria will be rejected without further consideration. Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria Section 4.0, Clause (4.3). Item No. Mandatory Requirement 1. Proponents must attend the Mandatory Information Meeting scheduled on Friday, April 12, 2013 at 9:00 a.m., Pacific Time at the location specified. Proponents must sign the attendance sheet to confirm attendance. 2. The Proposal must be received at the closing location by the specified closing date and time. 3. The Proposal must be in English and must not be send by facsimile. 4. Appendix H Acceptance of RFP Terms and Conditions Form must be signed by a person authorized to sign on behalf of the Contractor and to bind the Proponent to statements made in response to this RFP. 5. Appendix I Proponent Questionnaire Response Form must be submitted. Proponents are to provide their response directly onto Appendix I. If the response is lengthy, Proponents may provide additional information as an Appendix. 4.3 Desirable Criteria In order to receive full consideration during evaluation, Proponents are encouraged to follow the Proposal Submission Format and Content identified in Section 5.0 and ensure all sections are addressed in Appendix I Proponent Questionnaire Response Form. Desirable Criterion Company Profile For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix I Proponent Questionnaire Response Form, Part A Company Profile. Weighting 25 11

12 RFP #1418 On Call Painting Contractors Desirable Criterion (Continued) Experience, Qualification and Capability For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix I Proponent Questionnaire Response Form, Part B Experience, Qualifications and Capability. Financial Proposal For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix I Proponent Questionnaire Response Form, Part C Financial Proposal. Value Added For this evaluation criterion the evaluation team will give particular reference to the Proponents response submitted on Appendix I Proponent Questionnaire Response Form, Part D Value Added Weighting Optional Interview 10 References Pass/Fail Total 110 Preference shall be given to Contractors located within the Regional District of Nanaimo where quality, service and price are equivalent. The intent is the highest ranked Proponent will be the Primary Contractor and up to two Secondary Contractors may be developed in order of highest to lowest and the call-out list will be made in that order. Notwithstanding the foregoing, the City reserves the right to award the Contract to the Proponent other than the one with the most points, if, in its sole determination, another Proposal is dement to be Best Value to the City, taking into consideration the evaluation criteria of the RFP. After an initial review and evaluation of all the Proposals the City may, at its option, conduct interviews with one or more highest ranking Proponent(s). This will provide the City an opportunity to meet the Proponent and ask questions regarding the contents of their Proposal and will score the interviews accordingly. Alternatively, if in its sole discretion the City determines there is a clear leading Proponent, the City retains the right to bypass the interview process and proceed directly to award. Any award of a Contract will be subject to satisfactory references checks in the sole opinion of the City. The City will not enter into any Contract with a Proponent whose references are found to be unsatisfactory. No award will be made to any Proponent who cannot give satisfactory assurance of their ability to carry out the Contract. No award will be made to any Proponent that is legally constrained or not authorized to conduct the required acquisition. 12

13 RFP #1418 On Call Painting Contractors 4.4 Negotiations It is the intent of the City to ensure it has the flexibility it needs to arrive at a mutually acceptable Agreement. The award of the Contract is subject to negotiations. Negotiations may include, but not limited to, matters such as: (a) Price adjustments; (b) Changes to the Scope of Work or Requirements; (c) Specific Contract details as deemed reasonable for negotiation by the City; (d) Contract payment details; and (e) Other If a written Contract cannot be negotiated within (30) calendar days of notification to the lead proponent, the City may, at its discretion at any time thereafter, terminate negotiations with the lead proponent and either enter into negotiations with the next qualified proponent or cancel the RFP process and not enter into a Contract with anyone. It is not the intent of the City to allow for new or significantly altered Proposal in any negotiations with the lead Proponents. Section 5.0 Proposal Submission Format and Content This Proposal Format should be followed in accordance with the following outline. Be sure to: (a) Meet all the mandatory criteria as outlined in Section 4.0, Clause (4.2) in this RFP document. Failure to do so will result in the Proposal receiving no further consideration. (b) Submit Appendix H Acceptance of RFP Terms and Conditions, signed by a person authorized to sign on behalf of the Contractor and bind the Proponent to statements made in response to this Request for Proposal. Failure to do so will result in the Proposal receiving no further consideration. (c) Submit Appendix I Proponent Questionnaire Response Form. Be sure to address all requirements of each question. All questions are important to the City. The following format and sequence should be followed in order to provide consistency In Proponents response and ensure each Proposal receives full consideration. All pages should be consecutively numbered. 1. Title page, showing the Request for Proposal number, Proponent s name and address, Proponent s telephone number, fax number, address and a contact person. 2. Table of contents, including page numbers of all major headings. 3. The completed attached Acceptance of RFP Terms and Conditions form, Appendix H. 4. The completed attached Proponent Questionnaire Response Form, Appendix I. 5. Proof of Qualifications 13

14 RFP #1418 On Call Painting Contractors SCHEDULE A SCOPE OF WORK AND REQUIREMENTS 1. On Call Painting Services for the individual projects will be on an as needed basis for projects ranging in size from under $1,000 to $25,000 for any City Park or City owned facility (the Work Site ) within the City of Nanaimo and will include, but not be limited to: Interior and exterior painting to buildings, swimming pools, tennis courts, play equipment and other park infrastructure; Painting items such as picnic tables boards, bench boards, street barricades, etc. Work Site analysis; Prepare estimates; Supply of all labour, materials, equipment, tools, permits and supervision necessary to complete the; Conduct appropriate paint preparation; Patch or repair the painting surface; Primer and paint; Other related and/or similar work as directed. 2. The intent is the highest ranked Proponent will be the Primary Contractor and up to two Secondary Contractors may be developed in order of highest to lowest and the call-out list will be made in that order. If the Primary Contractor (the highest ranked Proponent) on the list is unable to perform the Painting Services at any point or within the time frame requested by the City, the City may, at its sole discretion, contact the Secondary Contractor(s) in order of listing or conduct the Work in-house. 3. There is no guarantee of painting Work and no exclusivity to the Primary or Secondary Contractor(s). (i) The City reserves the right to solicit tenders, proposals and/or quotations from other painting Contractors for individual projects anticipated to exceed $25,000, or perform the work in-house. (ii) The City reserves the right to hire Contractors outside of this list if no Contractor is available in the allowable time frame as per Clause (6). 4. Quality Assurance All materials, preparation and workmanship for the work shall conform to the standards contained in the latest edition of the Master Painters Institute (MPI) Manual, latest edition as issued by the local MPI Accredited Quality Assurance Association having jurisdiction. 5. Project Submission Requirements (a) If requested by the Project Manager, the Contractor will provide a written estimate. The fully completed work or service will be completed at a cost no greater than such estimate unless a change order has been requested and approved. (b) Submit a list of all painting materials to the Project Manager for review prior to ordering materials. (c) Schedule Work to prevent disruption of the general public, staff and other trades when applicable. (d) Submit a work schedule for the City s review and approval. (e) At project completion, provide an itemized list complete with manufacturer, paint type and color coding for all colors used and confirm with the Project Manager if paint of each color from the same production run (batch mix) is required. 1

15 RFP #1418 On Call Painting Contractors 6. Hours of Work (a) Typical lead-time for authorization to proceed with the Project is forty-eight (48) hours notice however, more or less time may be given depending on the requirements. (b) Under no circumstance will overtime be paid by the City or be charged to the City by the Contractor. (c) Weekend, evening or statutory time may be required. (d) Work time will be charged for hours on the job only [FOB Work Site(s)] or by price per sq ft, whichever may result in the least cost to the City. 7. Product Delivery, Storage and Handling (a) Deliver all painting materials in sealed, original labeled containers bearing manufacturer s name, brand name, type of paint or coating and color designation, standard compliance, materials content as well as mixing and/or reducing and application requirements. MSDS sheets will be made available upon request to the City. (b) Take all necessary precautionary and safety measures to prevent fire hazards and spontaneous combustion and to protect the environment from hazard spills. Materials that constitute a fire hazard (paints, solvents, drops clothes, etc) shall be stored in suitable closed and rated containers and removed from Work Site on a daily basis. (c) Comply with requirements of authorities having jurisdiction, in regard to the use, handling, storage and disposal of hazardous materials. (d) The Project Manager may provide the Contractor with adequate storage space for paint materials for the specific project, but not for long term storage. 8. Ventilation The Contractor is to provide heat, light and ventilation for interior painting when required. The Contractor must ensure there is sufficient ventilation in confined areas. 9. Equipment/Tools (a) All equipment and tools required to perform the Work is provided by the Contractor. (b) Painting Equipment: to best trade standards for type of product and application. (c) Spray-Painting Equipment: ample capacity suited to the type and consistency of paint or coating being applied and kept clean and in good working order at all times. 10. Finish and Colors (a) Unless otherwise specified herein, all painting work shall be done in accordance with the Masters Painters Institute Manual, latest edition for the work requested. (b) Colours shall be selected by the City from a manufacturer s full range of colors. A color list is provided. Refer to Schedule B City of Nanaimo Paint Codes - General Paint. (c) Contractor shall notify the City for inspection and approval of colors selected prior to the final coat application. All paint materials used must be listed in the most recent MPI Approved Products List. Where practical and will produce acceptable results, products shall meet the MPI s Green Performance Standard GPS-2 (VOC at or below 50 g/l for all Interior and Exterior Flat and Non-Flat Intermediate and Topcoats). 11. Clean-up (a) Keep work area free from any unnecessary accumulation of tools, equipment, surplus materials and debris. (b) Remove oily rags, waste and other combustible materials and empty paint cans from the Work Site daily and safely dispose of same in accordance with requirements of authorities having jurisdiction. 2

16 RFP #1418 On Call Painting Contractors (c) Clean equipment and dispose of wash water /solvents as well as all other cleaning and protective materials (e.g. rags, drop cloths, masking papers, etc.) paints, thinners, paint removers/strippers in accordance with the safety requirements of authorities having jurisdiction. (d) All debris caused by the painting operation shall be removed daily the Contractors. (e) Do not use washroom or laundry sinks for cleaning tools and equipment, etc. (f) Remove all materials, tools owned by the Contractor and all debris created by the Contractor, on completion of the Work and clean up. (g) Do not use the City s rubbish containers unless prior approval is granted by the Project Manager for the specific project. 12. Disposal of Waste Materials The Contractor shall be responsible for the disposal of all waste materials in accordance with the local municipal bylaws and the BC Waste Management Act. 13. Standards of Work (a) All work shall be performed by skilled painters, experienced in their trade, according to best trade practices for first class work and to the Master Painters Institute Painting Manual. Refer to the MPI Painting Manual in regard to specific requirements. (b) Prepare all surfaces in accordance with Master Painters Institute requirements. Refer to the MPI Painting Manual in regard to specific requirements. (c) Paint all surfaces in accordance with the Master Painters Institute Painting Manual requirements. (d) Repair all minor voids, nicks, cracks and dents as necessary with suitable patching materials. (e) All materials and Work must be in accordance with the following latest regulations and standards and must comply with all municipal, provincial and other regulations. (f) All necessary permits, licenses, etc. shall be the responsibility of the Contractor. 14. Qualified Personnel (a) The City would like to have qualified tradesmen with Red Seal Trade Qualifications. (b) The Contractor will provide only personnel who have the qualifications, experience and capabilities to perform the work. If the City reasonably objects to the performance, experience, qualifications or suitability of any of the Contractor s personnel, then the Contractor will, on written request from the City, replace such personnel or subcontractors. (c) All laborers or apprentices are required to work under the supervision of a Red Seal Trade qualified journeymen. 15. Use of Work Site The Contractor shall confine the use of the Work Site for the Contractor s work as directly by the City and shall comply with regulations which govern the Work Site where the work is located. 16. Criminal Record Check The Contractor should be aware that any personnel, which include any sub-contractors working under this Contract, will be required to obtain a criminal records check prior to beginning any work and any individuals not cleared will not be permitted to work under this Contract. This will be an annual requirement for individual working under this Contract. The cost of such checks will be borne by the Contractor 3

17 RFP #1418 On Call Painting Contractors 17. Coordination and Cooperation The Contractor may be required to coordinate their work with other trades, City staff and other personnel while their Work is under way. 18. Inspection (a) The work is subject to inspection and in case of any of the work is not in conformity with the Requirements of the Contractor or the Contractors warranty (expressed or implied), the Project Manager shall have the right either to reject the work or to require correction. (b) The Project Manager shall be the final judge of the work and materials in respect of both quality and quantity and decisions on all questions in dispute with regard thereto will be final. (c) The City will not be deemed to have accepted the Work by virtue of a partial or full payment. 19. Damage to Facilities (a) The Contractor shall be responsible for the cost of damage caused by the Contractor or its employees to the facilities or the contents in which the Services are performed, reasonable wear and tear expected. (b) Adequately protect other surfaces from paint and damage. Make good any damage as a result of inadequate or unsuitable protection. (c) Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation areas. Vacuum and clean dust from any areas where filling or sanding has taken place. (d) Protect all surfaces and/or finishes from splashes, drips and/or any other form of foreign stains. (e) It shall be the responsibility of the Contractor to ensure that the application by the Contractor s staff of all products and equipment shall not damage the surface on which they are employed. (f) All damage resulting from misuse of materials or equipment by the Contractor or its employees shall be paid for by the Contractor. The City may repair such damage and deduct the amount of such repairs from any amount owning to the Contractor. 20. Electrical Safety Any electrical equipment used by the Contractor in the performance of the Contract must be certified by an accredited certification organization such as Canadian Standards Association (CSA) acceptable to the City. If on-site CSA approval is required it will be the Contractor s responsibility to obtain its approval. All costs of approval or to obtain the required certification will be the sole responsibility of the Contractor. 21. Change Orders The Contractor is not to perform a change in the work without authorization from the Project Manager through a Change Order directive. Upon issuance of an approved Change Order, the Contractor agrees that additional changes for the work to be performed is to be as per the agreed upon amounts. 22. Sub-Contracting Contractors may be required to submit a list of potential sub-contractors for approval by the City. The Contractor is responsible for supervising and coordinating all services delegated to the subcontractors and for the proper execution of the contract under the terms and conditions specified. 4

18 Schedule B City of Nanaimo - Paint Codes - General Paint May Bennett 01 - B-4L2 3841W; May Bennett Dark Blue 01 - B-22Y18; EY24; V-1Y24; KX-1Y May Bennett Grey 01 - B-2Y2; C-25; L-30; KX-1Y May Bennett Football Washroom 01 - A-2Y; F-46; I-2; KX-2Y M. B. Football Fieldhouse Grey 01 - B-1Y30; C-10; L-30; KX-1Y Judo Club Rock Match 01 - C-28; F-6 1/2; L-6 1/ NAC Orange 01 - Q R-4; Q V-4; V0-8Y Green Metal match 14 - B-26; C-16; E-30; KX Departure Bay Fieldhouse 01 - E-13 Y; V-20; KX Departure Bay Activity Centre 01 - C-12; F-1 1/2; L-36; V-2 1/ C-1Y12; F-7 1/2; L-3Y36; V-12 1/ Cliff McNab Arena: Dark Teal 01 - D-8Y; E-32; L-24; KX-4Y Light Teal/Stripes 01 - D-4Y; E-32; L-12; KX-3Y Robbins Park Dugout 01 - B-24; D-6Y; I-42; T-1Y34; KX Bowen Picnic Shelter 01 - A-30; D-26; L Old Musem Exterior 01 - C-8; D-2; I Serauxman Electrical Kiosk 01 - B-1Y34; C-1Y16; D-8Y24; KX-1Y New Ser. Fieldhouse Ext CL2327N Autoformula Ser. Rotary Fieldhouse "Treebark" CL2911W Autoformula Ser. Rotary Fieldhouse "Dulwych" CL2705D Autoformula Parks/Rec Culture Bldg Ext B-4; C-18; F-1/

19 Centennial Building Wshrm CL3233M - Auto Formula Off Leash Dog Pk - Hut Trim 01 - B-2Y13; C-5Y40; F-2Y40; KX Beban House Door Frames Green Match 01 - B-30; C-1Y32; D-38; KX-3Y Beban Fieldhouse 01 - B-4 1/2; C-44; I also Beban Fieldhouse Doors 01 - A-40; F-2Y38; I-3Y6; V-2Y28; KX Beban Dugout Trim 01 - A-14; B-2; L-1Y Louden Park - Grey walls 01 - B-1Y9; C-31; F-6; KX Westwood Lake Yellow 01 - B-8; C-2Y36; F Westwood Lake Green 01 - B-3Y; C-4Y30; D-6; KX-2Y Parks Yard office trim 01 - B-14; C-2Y24; F-18; KX-1Y office wall 01 - I-2; T-1Y City Light Blue Wave 01 - A-20; D-1Y; E-5Y; KX-5Y Cemetary Fieldhouse 01 - B-27; E-9Y; V-30; KX-3Y City Fieldhouse Green Trim/Doors 01 - C-26; D-4Y19; F-34; KE Kin Hut light colour 01 - C-10; I-6; L dark colour 01 - B-18; C-1Y2; I-22; KX-2Y Curling Rink Doors 14 - B-2Y10; C-214; L Port Place Theatre - Exterior Stucco 01 - B-1Y20; C-1Y40; S-518; KX B-7Y4; C-9Y8; S-51Y42; KX-1Y Port Place Stucco 01 - B-32; C-1Y12; I

20 Caledonia Blue 01 - B-1/2; C-4 1/2; E-8Y9; KX-4Y Frank Crane Exterior Doors 8415 D Autoformula Northfield Washroom Interior Walls 01-1Y20; C-30; I-1; KX-1Y Tennis Court Green - Poles (high gloss) 01 - C-3Y6; D-1Y; E-6Y24; KX also City Wall Retaining Wall 01 - B-19; C-18 1/2; F-5 City of Nanaimo basics: Blue 01 - E-13Y; V also 3886A Yellow 01 - A-13Y36; S-S2; T A Red 01 - A-2Y8; S-S7Y4; V-1Y; KX Green 1 - A-4Y32; D-8Y36; L A City Park Benches: Yellow 01 - A-13Y36; S-S2; T A Green 01 - A-4Y32; D-8Y36; L A Blue 01 - E-13Y12; V A

21 Appendix A Sample Form of Agreement RFP No On Call Painting Contractors On Call Painting Contractor Agreement No THIS AGREEMENT made as of the day of, 2013 (the Effective Date ). BETWEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 AND: (the City ) (the Contractor ) A. The City wishes to retain [ ] as the Primary Contractor and [ ] as Secondary Contractor(s) for those occasions where the primary Contractor is unable to meet the City requirements related to the Services set out in this Agreement. B. The Contractor has agreed to perform the Services in accordance with the terms and conditions of this Agreement. In consideration of the terms, covenants and conditions of this Agreement, the City and the Contractor agree as follows: 1. Definitions In this Agreement, the following words and terms, unless the context otherwise requires, will have the meanings set out below: (a) Project Manager means the person responsible for the Project from start to finish and ensures that the Project is completed to meet a certain standard. (b) City means the City of Nanaimo. (c) Project or plural thereof means the painting Services requested by the City. (d) Services means minor painting and painting-related Projects. (e) Work means all the labour, materials, equipment, tools, supplies, supervision and all other items necessary for the execution, completion and fulfilment of the Services at the rates submitted. (f) Work Site or plural thereof means any City Park or City owned facility where the Services or Work is being performed. 1

22 Appendix A Sample Form of Agreement RFP No On Call Painting Contractors 2. Term of Agreement The initial term of the Agreement is three (3) years and shall commence on the Agreement Effective Date unless terminated, cancelled or extended. The term may be extended at the City s sole discretion for up to two (2) additional one-year terms subject to satisfactory performance reviews and price negotiations. The City shall not incur any liability, should it choose not to exercise its exclusive option to extend the Agreement. 3. Contract Documents The terms and conditions of the contract documents, whether or not actually attached to this Agreement will govern the terms of this Agreement. The contract documents are complementary, and what is called for by any one will be as binding as if called for by all. The contract documents include and consist of: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) This Agreement, including any amendments to this Agreement; The Proposal submission, including all attachments and appendices; Schedule A Scope of Work and Requirements; Schedule B City of Nanaimo Paint Codes General Paint; Appendix C Contractor Reporting Fuel Consumption Worksheet; Appendix D Prime Contractor General Information; Appendix E Prime Contractor PreConstruction Form; Appendix F Article 31 Information; Appendix H Acceptance of RFP Terms and Conditions Form [Appendix H as modified from RFP document]; Appendix I Proponent Questionnaire Response Form [Appendix I as modified from RFP document]; Certificate of Insurance; City of Nanaimo Business License; WorkSafe BC Clearance Letter; Criminal Record Checks; Any amendments or addenda to the RFP issued by the City; and Those parts not referenced above, but agreed upon by both Parties. 4. Conduct of the Agreement For the purpose of this Agreement, the City designates as its Contract Manager: [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] [ ] For the purpose of this Agreement, the Contractor designates as its Contract Manager: [Name, Title] [Address] Telephone: [ ] Cell: [ ] Fax: [ ] [ ] 2