Request for Proposal No Chemical Water Treatment Services

Transcription

1 RFP No Chemical Water Treatment Services Request for Proposal No Chemical Water Treatment Services Issue Date: March 17, 2014 Closing Location (Courier/By Hand) Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 Closing Date and Time Proposals must be received at the Purchasing Department no later than: 3:00 p.m. (15:00 hrs) Pacific Time, Wednesday, April 9, 2014 Communications and Questions All inquiries and communications relative to this RFP should be directed, in writing no later than end of business day April 4, 2014, Pacific Time, referencing the RFP title and number in the heading, and faxed or ed to: Silvia Reid, SCMP, Buyer Phone: Fax: Mandatory Information Meeting A mandatory information meeting will be held at 11:00 a.m., (11:00 hrs), Pacific Time on Tuesday, March 25, 2014 at the Public Works Yard, Meeting Room (Trailer), 2020 Labieux Road, Nanaimo, BC. Only those Proponents attending will be eligible to submit a Proposal. Receipt Confirmation Form (Appendix A) For any further distributed information about this Request for Proposal, please return this form by Fax: or purchasinginfo@nanaimo.ca. 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. Proponents are to note all subsequent information will also be posted on the BC Bid website at and the City of Nanaimo website at Page 1 of 17

2 RFP 1485 Chemical Water Treatment Services Table of Contents 1.0 Introduction Information and Instructions to Proponents Proposal Evaluation and Selection Proposal Submission Content and Format General Terms and Conditions Schedule A: Requirement for Chemical Water Treatment Services Appendix A: Receipt Confirmation Form... 1 Appendix B: Sample Cover Letter... 1 Appendix C: Contractor Fuel Reporting Consumption Worksheet... 1 Appendix D: Financial Cost for Services Page 2 of 17

3 RFP No Chemical Water Treatment Services SECTION 1.0: INTRODUCTION 1.1 The City of Nanaimo, hereinafter referred to as the City, is through this Request for Proposal (RFP), inviting experienced Proponents to submit Proposals for the Chemical Water Treatment Services for brine, boiler and cooling systems at various City of Nanaimo Facilities. The types of systems and Facility locations can be found in (Schedule A) Requirement for Chemical Water Treatment Services. 1.2 The successful Proponent will be awarded a Contract for two (2) years, commencing on or about May 1, There will be an option, at the sole discretion of the City to extend the Contract for a further three (3) additional one-year terms. 1.3 This RFP states the instructions for submitting a Proposal in Section 4.0, and the procedure by which Proponents, if any, will be selected in Section 3.0. SECTION 2.0: INFORMATION AND INSTRUCTIONS TO PROPONENTS 2.1 Definitions Throughout this Request for Proposal ( RFP ), the following definitions will apply: (a) Chemical Product or plural thereof are used interchangeably and mean the water treatment chemicals used to treat the systems in accordance with the requirements of (Schedule A) and this RFP. (b) Contract Contract Agreement and Contract Documents are used interchangeably and mean the executed Contract Agreement entered into between the City and the Contractor in the performance of the Services. (c) Contractor or plural thereof means the successful Proponent who the City has entered into a written Contract Agreement with. (d) Facility Representative or plural thereof means a City appointed Representative responsible for one or more City Facilities. (e) Facility or plural thereof means and includes the Facilities listed in (Schedule A), which the City may modify from time to time. (f) Field Representative or plural thereof means the Contractors Personnel assigned to perform the Services and Work at the Facilities. (g) must mandatory shall means a requirement that must be met in order for a Proposal to receive consideration. (h) Proponent or plural thereof means the person, firm or corporation submitting a Proposal to this RFP. (i) Proposal or plural thereof means the Proponents reply to this RFP. (j) Request for Proposal RFP means this document and all of its contents, attachments and addendum thereto as issued by the City. (k) Services means the Chemical Water Treatment Services described in (Schedule A) and in accordance with the terms and conditions of this RFP, which the City may modify from time to time. (l) should means a desirable requirement having a significant degree of importance to the objectives of this RFP. (m) Work means all the labour, materials (excluding water treatment chemicals), equipment, tools, supervision and all other items necessary for the execution, completion and fulfilment of the Services. Page 3 of 17

4 RFP 1485 Chemical Water Treatment Services 2.2 Mandatory Information Meeting A mandatory information meeting will be held at: Time: 11:00 a.m. (11:00 hrs), Pacific Time Date: Tuesday, March 25, 2014 Place: Public Works Yard, Meeting Room (Trailer), 2020 Labieux Rd., Nanaimo, BC Only those Proponents attending will be eligible to submit a Proposal. Proponents must sign the sign-in sheet to confirm attendance. Questions posted by Proponents and answered at this meeting may not be further documented or disseminated. Questions which are taken under advisement will be documented and the response will be issued as an addendum. 2.3 Closing Date/Time and Closing Location Proposals signed by an authorized representative must to be received by the Purchasing Department no later than 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, April 9, 2014 (the closing time ) by one (1) of the following two (2) methods: i. By hand/courier clearly marked RFP 1485 Chemical Water Treatment Services, Purchasing Department, attention Silvia Reid, Buyer and delivered to the only acceptable address and department: Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 Proposals delivered by hand/courier should include one (1) hard copy of the Proposal and one (1) electronic version on CD, DVD, or Memory Stick. Hard copy and electronic version should be identical to each other. The City of Nanaimo will not be liable for any discrepancy between the hard copy submission and the electronic version. OR ii. Electronically submitted at the only acceptable address: purchasinginfo@nanaimo.ca Please note: Maximum file size limit is 8MB, or less. Late Proposals or Proposals received by facsimile will not be accepted. It is the Proponent s sole responsibility to ensure their Proposal is received when, where and how it is specified in this RFP document. The City is not responsible for lost, misplaced or incorrectly delivered Proposals. The 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. Page 4 of 17

5 RFP No Chemical Water Treatment Services 2.4 Revisions to Proposals Prior to Closing Time (a) Proponents may make changes to their Proposals after the submission of their Proposals provided each revision is submitted and is received at the closing location before closing time. (b) Revisions must be signed by an authorized signatory of the Proponent. For the revisions to receive full consideration, Proponents should indicate the revisions made and should identify every page of a revision as: Revision to Proposal 1485 Chemical Water Treatment Services (Proponent s Name) (c) Revisions received after the closing time will not be considered or accepted. 2.5 Withdrawal of Proposal The Proponent may withdraw their Proposal at any time prior to the Proposal closing time by submitting a written withdrawal letter to the Purchasing Department via purchasinginfo@nanaimo.ca, attention: Silvia Reid, Buyer. 2.6 Inquiries and Clarifications It is the sole responsibility of the Proponent to thoroughly examine these documents and satisfy itself as to the full requirements of this RFP. Inquiries or clarifications are to be in written form only and ed to the attention of the contact person named below. Inquiries after April 4, 2014 Pacific Time will only be answered at the discretion of the City, if time permits. Silvia Reid, SCMP, Buyer Phone: (250) Fax: (250) purchasinginfo@nanaimo.ca The City will, if it deems necessary, issue an addendum identifying any changes to the RFP arising from inquiries received. It is the sole responsibility of Proponents to check regularly the BC Bid website at ( and the City of Nanaimo website at ( for amendments, addenda, schedules, appendices, and questions and answers in relation to this RFP, up to the closing time. The City will attempt to send information directly to those Proponents that have returned the Receipt Confirmation Form. The City, its agent and employees shall not be responsible for any information given by way of oral or verbal communication. 2.7 Addenda Each addendum will be incorporated into and become part of the RFP document. No amendment of any kind to the RFP is effective unless it is contained in a written addendum issued by the City s Purchasing Department. Upon submitting a Proposal, a Proponent will be deemed to have received notice of all addenda that have been issued by the City. Page 5 of 17

6 RFP 1485 Chemical Water Treatment Services 2.8 Cover Letter and Signature The cover letter must be signed by an individual authorized to legally bind the Proponent to statements made in response to this RFP and should be substantially similar in content to the Sample Cover Letter (Appendix B). 2.9 Joint Submission In the case of joint submissions, one party must assume overall responsibility, for communications within the RFP process and be identified accordingly in the Proposal, but all parties must be jointly and severally responsible for completion of any resulting Contract Liability for Errors The City of Nanaimo and its employees and agents shall not be held liable or accountable for any error or omission in any part of this RFP or response to Proponent questions. While the City, and/or its employees and agents, have made efforts to ensure an accurate representation of information in this RFP, 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, and/or its employees or agents, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP 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 the RFP. Proponents will be solely responsible to ensure their Proposal meets all the requirements of the RFP, to advise the City immediately of any apparent discrepancies or errors in the RFP, and to request clarification if in doubt concerning the meaning or intent of anything to the RFP Not a Tender Call This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City 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 RFP Cancellation The City is not bound to accept any Proposal and reserves the right in its sole and absolute discretion to postpone or cancel this RFP at any time for any reason. Further and without limiting the foregoing, the City will not be bound to accept the lowest priced Proposal and reserves the right to accept or reject any Proposal in whole or in part, to discuss with any Proponent different or additional items and terms to those described in this RFP or received in any Proposal, or to amend or modify any term of this RFP. The City in its sole discretion may invalidate and cancel this RFP entirely. The City may issue a new RFP or take other actions, as appropriate, if considered in the best interest of the City Proponent Costs All costs and expenses with respect to the preparation and submission of a Proposal pursuant to this RFP, in viewing Facilities, and in attending interviews at the City, if any, Page 6 of 17

7 RFP No Chemical Water Treatment Services shall be the sole responsibility of the Proponent and the City assumes no liability whatsoever for any Proponent costs and expenses Pricing All unit pricing, fees and costs associated with this RFP shall be in Canadian funds, exclusive of Provincial Sales Tax and Goods and Service Tax Irrevocability of Proposals All Proposals are irrevocable for a period of sixty (60) calendar days from the closing time Solicitation of Council Members and City Staff Proponents and their agents will not contact any member of the City Council or City Staff with respect to this RFP, other than the City contact named in this document Litigation Clause The City may, in its absolute discretion, reject a Proposal submitted by Proponents if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to: (a) Any other Contract for works or Services; or (b) Any matter arising from the City s exercise of its powers, duties or functions under the Local Government Act for another enactment within five years of the date of this Request for Proposal. In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Proponent s ability to work with the City, its consultants and representatives and whether the City s experience with the Proponent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Proponent Governing Laws This RFP will be governed exclusively by and construed and enforced in accordance with the laws of the Province of British Columbia and Canada. The Proponent agrees to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and the Government of Canada in the event of any dispute concerning this RFP or any matters arising out of this RFP Ownership of Proposal and Freedom of Information and Privacy of Protection Act All Proposals, including attachments and any documentation, submitted to and accepted by the City in response to this RFP become the property of the City and are subject to the Freedom of Information and Privacy of Protection Act. Proponents shall clearly identify any specific information and/or records that it provides in its Proposal submission that constitute a trade secret, is supplied in confidence; and, the release of which could significantly harm its competitive position. Proponents agree to hold the City harmless against any claims and any damages for release of any information and/or records by the City in response to a FIPPA access request. Page 7 of 17

8 RFP 1485 Chemical Water Treatment Services 2.21 Working Language of the City The working language of the City is English and all responses to this RFP 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 within (30) days following award Opening of Proposals Proposals will not be opened in Public. SECTION 3.0 PROPOSAL EVALUATION AND SELECTION 3.1 Mandatory Criteria The following are mandatory requirements. Proposals not clearly demonstrating that they meet these mandatory requirements will receive no further consideration during the evaluation process..1 Proponent must attend the Mandatory Information Meeting as specified in Section 2.0, Clause Proposal must be received by the closing date at the closing location as specified in Section 2.0, Clause Proposals must be submitted in English..4 The cover letter must be signed by an individual authorized to legally bind the Proponent to statements made in response to this RFP..5 Completed (Appendix D) Financial Cost for Services must be submitted. 3.2 Evaluation and Selection.1 Proposals that meet the mandatory criteria in Clause 3.1 will be further assessed and evaluated against the Desirable Criteria, identified in Clause The City reserves the right, in its sole discretion to: (a) Clarify any Proposal without becoming obligated to offer the same opportunity to any other Proponent(s). The evaluation team may consider such clarifications or additional information in evaluating Proposals. (b) Negotiate with one or more Proponents concurrently without become obligated to offer the same opportunity to any other Proponent(s). Negotiations may include, but not be limited to, fee/price adjustments, minor changes to the scope of work/requirements/contract details and payment details. It is not the intent of the City to allow for new or significantly altered Proposals in any negotiations. (c) If any Proposal contains a deficiency or fails in some way to comply with any requirement of the RFP, which in the opinion of the City is not material, the City may waive the defect and accept the Proposal. The determination of whether or not to disqualify or otherwise remove any Proposal from the evaluation process will be made in the sole discretion of the City. (d) Accept any Proposal which in the City s opinion offers best overall value or is the most advantageous for the City and directly award to that Proponent. (e) Accept partial or all of the Services offered..3 The City reserves the right to award the Contract to other than the lowest priced Proponent. Page 8 of 17

9 RFP No Chemical Water Treatment Services.4 Preference shall be given to Contractors located within the Regional District of Nanaimo where quality, service and price are equivalent..5 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..6 The intent is to enter into a Contract with the Proponent with the highest scoring Proposal. 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 the City s sole determination, another Proposal is determined to be Best Value to the City, taking into consideration the evaluation criteria of the RFP..7 Award of any Contract is contingent on funds being approved for these Services and the Contract award being approved by the appropriate City authority as outlined in the City s Purchasing Policy..8 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. 3.3 Desirable Criteria The following desirable criteria and weighting will be applied in evaluating Proposals. The City may also consider any appendices submitted to provide additional information in support of the Proponent s Proposal. Desirable Criteria Maximum Points Corporate Profile and Experience 10 For this evaluation criterion the Evaluation Team will give particular reference to the Proponents response to Section 4.0, Company Profile and Experience. Technical Approach / Qualifications and Experience of 30 Personnel For this evaluation criterion the Evaluation Team will give particular reference to the Proponents response to Section 4.0, Technical Approach and Qualifications and Experience of Personnel. Reports and Invoicing 10 For this evaluation criterion the Evaluation Team will give particular reference to the Proponents response to Section 4.0, Reports and Invoicing. Cost of Contract 35 For this evaluation criterion the Evaluation Team will give particular reference to the Proponents response to Section 4.0 Financial / Fees. Sustainability / Value Adds 5 For this evaluation criterion the Evaluation Team will give particular reference to the Proponents response Section 4.0, Sustainability Considerations and Value Adds. Optional Interview 10 References Pass / Fail Total Points 100 Page 9 of 17

10 RFP 1485 Chemical Water Treatment Services SECTION 4.0 PROPOSAL SUBMISSION CONTENT AND FORMAT In order to receive full consideration during evaluation, Proposal should be arranged as follows and Proponents should address all of the following Proposal content requirements set out in this section. The Proposal sections should be numbered to correspond exactly to the order of the sections described below: In order to receive full consideration during evaluation, Proposal should be arranged as follows and should include the following content: 1. Title Page 2. Cover Letter 3. Corporate Profile and Experience 4. Technical Approach 5. Qualifications and Experience of Personnel 6. Reports and Invoicing 7. Costs for Services and Products 8. Sustainability Considerations 9. Value Adds 10. References 11. Additional Information Title Page: Show the RFP number/title, submission closing time, Company name, address, telephone number, facsimile number, address, and the name of the Proponent contact person. Cover Letter Proponents should submit a cover letter substantially similar in content to the Sample Cover Letter (Appendix B). The cover letter must be signed by an individual authorized to legally bind the Proponent to statements made in response to this RFP. Corporate Profile and Experience This section should include, but not be limited to, the following: 1) Legal name of the organization and current operating business if different from the legal name. 2) Street & mailing address of head office and local office if different. 3) Name, title, phone no., cell no. and address of Primary contact person and an alternate if Primary contact is not available. 4) Provide sufficient information to enable the City to assess the Proponent s ability to perform the Chemical Water Treatment Services outlined in this RFP. To include, but not be limited to a description and experience providing similar water treatment programs on Vancouver Island or in British Columbia, to institutions, universities, colleges, schools, municipalities or industrial plants using the Products offered. 5) Clearly identify sub-contractors, contact information and area of responsibility. Technical Approach 1) Describe the proposed technical approach to the Chemical Water Treatment Services, selection of Products and rationale, recommended dosages and application rates. 2) Provide Material Safety Data Sheets or Product bulletins on all Products proposed for the Facilities. Page 10 of 17

11 RFP No Chemical Water Treatment Services Qualifications and Experience of Personnel This section should include, but not be limited to, the following: 1) Resume of Field Representative who will perform on-site service and consultation work, with a minimum of three (3) years experience and state the experience of the Field Representative for Chemical Water Treatment Services for similar facilities, etc. 2) Experience of support staff to Field Representative. 3) A mechanism for responding to emergency situations such as a 24-hour hot-line telephone number with accesses individuals who can troubleshoot problems, provided technical solutions, and fulfill delivery requirements. Reports and Invoicing This section should include, but not be limited to, the following: 1) Sample field report which should show test data, recommended controls, recommendations, etc. 2) Sample invoice for a typical water treatment service and Product order. 3) List all additional reports available to the City, with a brief description. Financial / Fees This section should include, but not be limited to, the following: 1) Completed (Appendix D) Financial Cost for Services to be inserted here. 2) In addition to the completing (Appendix D), Proponents may provide separate pricing models, as an alternate for cost saving measures for consideration by the City, if the intended goals and specifications are met and their alternatives are proven successful in reducing overall costs of their Services to the City. 3) Chemicals: Proponents are to submit unit prices for all Products required for the Water Treatment Services for each Facility. Unit Pricing for each Product required, includes freight F.O.B. destination, unloading, duties, etc. Unit prices exclude the Goods and Services Tax (GST) and the Provincial Sales Tax (PST). For evaluation purpose only, the destination address is 2300 Bowen Road, Nanaimo, British Columbia, V9R 3K7. The Proponent shall provide the following information for each Product proposed for each Facility: Indicate the Facility or Facilities Nate Product or Products are proposed for: Quantity 1 Product Name UBC tock Number Container Type and Size Unit Price Provincial Sales Tax (PST) and Goods and Services Tax (GST) are shown as a separate line item. Sustainability Considerations This section should include, but not be limited information on any initiatives, programs implemented and Product choices that the Contractor has that could be considered an environmental, financial/economic, social/ethically sustainable value. Value Adds Proponents should describe any value added services that they are prepared to provide as part of the Contract. Value Added Services may include cost reduction incentives, green initiatives and other services offered by the Proponent and the Proponent should state how these relate to the original services requested in this RFP. Unless otherwise stated, it is understood that there are no extra costs for these services. Page 11 of 17

12 RFP 1485 Chemical Water Treatment Services References Proponents should provide a minimum of (3) references for similar Chemical Water Treatment Services on Vancouver Island or in British Columbia. This section should include a brief description of the Services provided, contract term, company firm, contact name/title, phone number and address (if known). Additional Information Any appendices required to provide additional information in support of your Proposal. SECTION 5.0 GENERAL TERMS AND CONDITIONS 5.1 Definition of Contract Notice in writing to a Proponent that it has been identified as the successful Proponent and the subsequent full execution of a written Contract Agreement will constitute a Contract for the Chemical Water Treatment Services between both parties. No Proponent will acquire any legal or equitable rights or privileges until the occurrence of both such events. 5.2 Contract a) By submitting a Proposal, the Proponent agrees that, should its Proposal be successful, in whole or in part, the Proponent will enter into a written Contract Agreement with the City in accordance with the terms and conditions of this RFP document at the unit pricing submitted. b) Prior to the execution of the Contract Agreement and the Contract coming into force, the successful Proponent shall deliver to the City s Purchasing Department: Any insurance required; City of Nanaimo Business License; and A valid and current WorkSafe BC registration number and clearance letter. c) The Contract Agreement will include the RFP document, attachment and addendums issued by the City, the successful Proponents Proposal submission, including all attachments, Section 2.0, Clause 2.1 Definitions, Section 5.0 General Terms and Conditions, (Schedule A) Requirement for Chemical Water Treatment Services, (Appendix C) Contractor Fuel Reporting Consumption Worksheet, (Appendix D) Financial Cost for Services and any negotiated terms. The City will not be incorporating any unknown or hidden terms or conditions in a Contract Agreement. d) The City reserves the right to add, delete Facilities or change Service requirements and to renegotiate fees if there are significant changes to the original scope of Services. e) Any changes to the Contract 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 Contract Agreement. 5.3 Conduct of the Contract The City s Manager of Civic Facilities shall have the conduct of the Contract. 5.4 Business License The Contractor will be required to hold a valid City of Nanaimo business license for the duration of the Contract term. Page 12 of 17

13 RFP No Chemical Water Treatment Services 5.5 Invoicing and Payment Terms. Unless otherwise agreed by the City, the City s standard payment terms are Net (30) days following either the receipt by the City of the Contractor s invoice or satisfactory acceptance of the delivery of Products or completion of the invoiced Services, whichever is later. Invoices shall be submitted in arrears and will include as a minimum the Contract Agreement Number, Purchase Order Number, Facility Name, Description of Service, Recommendations, Test Data Report and Recommended Controls, Quantity / Description of Product, Unit Price and the Extended Price. The Goods and Services Tax (GST) and Provincial Sales Tax (PST) are shown as a separate line item. 5.6 Invoice Discrepancies The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing. 5.7 Price Protection The City will not pay for any additional costs above those unit prices submitted in the Proposal submission. 5.8 Subcontractors (a) The Contractor will bind all approved subcontractors to the terms of the Contract Documents, as applicable to the subcontractors Services. (b) All subcontractors are the responsibility of the Contractor. (c) The Contractor agrees to ensure performance by every subcontractor with the terms and conditions of the Contract Documents. (d) The Contractor will be as fully responsible to the City for acts and omissions of subcontractors and of person directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 5.9 Independent Contractor The Contractor, its subcontractors, the officers, directors, shareholders, partners, Personnel, affiliates and agents of the Contractor and subcontractors are not, nor are they to be deemed to be partners, appointees, employees or agents of the City Applicable Regulations All Products and Services and supplies used in the performance of the Contract Agreement must comply with applicable Federal, Provincial, City and local regulations Compliance with Laws The Contractor, including subcontractors will comply with all applicable laws, statutes, regulations, or by-laws including those of Canada, the Province of British Columbia and the City of Nanaimo. This Contract entered into between the Contractor and the City shall be governed by the laws of the Province of British Columbia Indemnification The Contractor shall indemnify and save harmless the City of Nanaimo including without limitation, the City of Nanaimo Mayor, its Council Members, agents, servants and employees from and against all claims, demands, losses, damages, costs and expenses made against or incurred, suffered or sustained by the City at any time where the same are based upon or arise out of anything tortuously done or omitted to be done by the Contractor or the designated employees. Page 13 of 17

14 RFP 1485 Chemical Water Treatment Services 5.13 Insurance Requirements The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain throughout the Contract hereby granted the following insurance with insurers licensed in the Province of British Columbia and in forms and amounts acceptable to the City of Nanaimo. (a) Commercial General Liability Insurance in an amount not less than $2,000,000 inclusive per occurrence against Bodily Injury and Property Damage Liability, Products and Completed Operations Aggregate, Personal and Advertising Injury, Tenants Legal Liability, Non-Owned Automobile and this insurance must: i. Include the City of Nanaimo as an additional insured; ii. Be endorsed to provide the City of Nanaimo with (30) days advance written notice of cancellation or material change; and iii. Include a cross-liability clause. (b) Motor Vehicle Insurance: The Contractor must have Motor Vehicle Insurance, including Bodily Injury and Property coverage, covering the term of the Contract for all motor vehicles, whether owned, non-owned or hired, used in the performance of the Contract. The insurance policy must be with the Insurance Corporation of British Columbia (I.C.B.C.) or another insurer if pre-approved by the City prior to the award of a Contract. The insurance policy will be in an amount of $2,000,000 inclusive per accident. All insurance must be primary; and not require the sharing of any loss by an insurer of the City. The Contractor shall provide, maintain, and pay for, any additional insurance which it is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this clause, in its sole discretion. The Contractor shall place and maintain, or cause any of its subcontractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct. The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor s equipment or vehicles. If the insurance policies expire before the end of the term of this Contract, the Contractor must provide within ten (10) business days of expiration, evidence of new or renewal polices of all expired insurance in a form acceptable to the City Workers Compensation Board Coverage/Prime Contractor (a) The Contractor and any approved sub-contractors must be registered in good standing with WorkSafe BC, in which case WorkSafe BC coverage must be maintained for the duration of the Agreement. The Contractor agrees and shall: i. 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; ii. 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 iii. Be solely responsible for to ensure that all sub-contractors have proper WorkSafe BC coverage. Page 14 of 17

15 RFP No Chemical Water Treatment Services (b) The Contractor agrees that it is the Prime Contractor for the purposes of the Workers Compensation Board Occupational Health and Safety Regulations for the Province of British Columbia. The Contractor shall have a safety program acceptable to the Workers Compensation Board and shall ensure that all Workers Compensation Board safety rules and regulations are observed during performance of this Contract, not only the Contractor but by all subcontractors, workers, material men and others engaged in the performance of the Contract Protection of Person and Property a) The Contractor shall use due care that no persons are injured, no property damaged or lost, and no rights are infringed in the performance of the Services, and the Contractor shall be solely responsible for all loss, damages, costs and expenses in respect of any injury to persons, damage of property, or infringement of the rights of others incurred in the performance of the Services or caused in any other manner whatsoever by the Contractor, or its employees. b) The Contractors shall effectively warn and protect the General Public, City Staff and other Personnel from any danger as a result of the Services being done. c) The Contractor shall maintain protection of all his work and materials from damage and shall protect the City s and any adjoining property from injury due to the Contractors work 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 In the event the City has concerns that a Contractor is in violation of Article 31, the following shall apply: (a) The City shall immediately inform the Contractor of its concerns and require the Contractor to comply. (b) The City shall follow up Contract and if violation still exists within thirty (30) days provide written request for compliance. (c) If violation continues, the City shall provide second request within a further thirty (30) days and demand compliance or Contract forfeiture may occur. (d) If violation continues, the City shall provide final request within a further thirty (30) days and may give two weeks notice for failure to comply with provision of Contract. (e) The City may terminate the Contract and/or withhold funds and/or require the Contractor to submit appropriate monies to rectify the breach of Contract. (f) If the City does not require forfeiture, such decision must be for bona fide operational or legal reasons. (g) Notwithstanding the above, the City may proceed to (d) or (e) directly Contractor Fuel Reporting Consumption 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 Page 15 of 17

16 RFP 1485 Chemical Water Treatment Services fuel blends. Commencing on the Contract Agreement start date, the Contractor will be Data provided should be completed as outlined on the Contractor Fuel Reporting Consumption Worksheet (Appendix C) Termination and Cancellation The City shall have the unilateral right to terminate any Contract formed between the parties in the event that any one or more of the following events of default occur or continue to occur during the term of the Contract:.1 The Contractor fails to deliver the Products or perform the Services or the Work required by the Contract to the satisfaction of the City; or.2 The Contractor fails to perform the Services within the time frame specified, or within a reasonable time if no time is specified; or.3 The Contractor shall breach any of the other terms set forth within the Contract Agreement; or.4 Unsafe acts while on City property that could pose a threat to the safety of the City Staff, General Public or other Personnel; or.5 Operational or procedural changes that materially affect the original requirements or Products or Services under Contract; or.6 In the event that the Contractor performs any act or does anything by which the City shall incur any liability whatsoever; or.7 The Contractor is adjudged bankrupt, becomes insolvent or unable to discharge its liabilities as they become due, makes an assignment for the benefit of its creditors, is subject to the appointment of a receiver, or a petition of bankruptcy is made against it; or.8 Any other reason considered appropriate, at the sole discretion of the City; or.9 Upon thirty (30) days written notice by the City. Where the Contract is terminated under this clause, the City will pay to the Contractor such part of Services up to the date of termination and not thereafter. Cancellation shall be in writing and shall not result in any penalty or other charges to the City. Upon termination of the Contract in whole or in part, the City may procure similar Products or Services Force Majeure The Contractor shall not be liable for any excess costs if any failure to perform the Contract arises by reason of strike, lockouts, acts of God or of the public enemy, acts of the City, fires or floods, or defaults of sub-contractors due to any of such causes unless the City shall determine that the Products or Services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule Dispute Resolution In the event of a dispute arising between the City and the Contractor 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. Page 16 of 17

17 RFP No Chemical Water Treatment Services (b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a mediator to resolve the dispute. All costs to be split equally. (c) If, after the mediation process is complete and the dispute is not resolved, the parties shall proceed to arbitrations following the rules of procedures as per the British Columbia International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the exception of legal fees, shall be borne equally Assignment Any subsequent Contract which may be entered into between the City and the Contractor may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written permission of the City Amendment to Contract Agreement Any changes to the Contract 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 Contract Agreement Notices Any notice required to be given in this Contract shall be deemed to be duly given to the City if sent by registered mail address to the City s Manager of Purchasing and Stores, Purchasing Department at 2020 Labieux Road, Nanaimo, BC V9T 6J9 and to the Contractor if sent by registered mail addressed to the Contractor at the address set forth in the Proposal Time is of the Essence Time shall be of the essence in this RFP. Page 17 of 17

18 RFP 1485 Chemical Water Treatment Services SCHEDULE A REQUIREMENT FOR CHEMICAL WATER TREATMENT SERVICES 1.0 Water Systems 1.1 Types of water systems that require treatment under this Contract are as follows: Cooling Tower and Closed Loop Ammonia Condenser Closed Loop Hot Water Heating System Closed Hydronic System Evaporative Condenser / Cooling Tower Brine Systems 2.0 Startup/Initial 2.1 The Contractor shall have a qualified Field Representative visit the facilities during the first week of May 2014 to establish control limits for each Chemical used for each system covered under this Contract (the start/initial costs). 3.0 Operation and Maintenance 3.1 The Field Representative shall make arrangements with the Facility Representative prior to all scheduled On-Site Service Visits. 3.2 The Field Representative shall make regular scheduled On-Site Service Visits as identified in this (Schedule A), Section 6.0 to collect samples, inspect equipment as required, troubleshoot where necessary, add Chemicals where necessary to maintain acceptable range, and make recommendations for continued application of the Chemicals being furnished. The Field Representative shall accompany the Facility Representative to each system being treated, answer any questions, point out conditions that could potentially harm the equipment and probe for incipient problems. 3.3 All On-Site Service and Return Visits shall be made by the same Field Representative or approved alternate. 3.4 The Field Representative shall instruct the Facility Representative, on an on-going basis, in all the activities of maintaining a water treatment program. Instructions shall include interpreting results, feeding Chemicals, controlling Chemical feed rates and modifying existing treatment control equipment (pumps, timers, blowdown valves, interlocks, instrumentation, etc. The instruction shall also cover the purpose of each treatment Chemical, its recommended control range, and actions to take should the tests be out of range. 3.5 Minimum On-Site Service Visits shall include, but not be limited to the following: Check chemical feed rates. Check quality of feedwater and boiler water Provide advice regarding potential improvements to feed systems Collect water samples for testing. Liaise with Facility Representative and follow up on concerns voiced. Page 1 of 5

19 3.5 Minimum Return Visits shall include, but not be limited to the following: Add the Chemicals as required to acceptable defined parameter, within five (5) business days of notification by the Facility Representative. Discuss Product supply and distribution concerns and opportunities with Facility Representative. Generate a Test Data Report, Summary and Recommendations of Service visit report, distribute to relevant Facility Representative and review its contents with the City s Contract Manager. Provide advice on what operational corrections are to be made with the Facility Representative. Provide information when introducing new or changing Products. 3.5 Field Representative to be available (minimum 72 hours notice) for major maintenance inspection of key equipment. 4.0 Scope of Technical Services 4.1 Field Representative is to ensure that existing and any new processes, tests, controls, or Chemicals are compatible with existing water treatment programs and will not introduce any new Chemicals combinations thereof without the explicit approval of the Facility Representative. 4.2 The City reserves the right to add or delete Facilities or Service requirements as required by the City. The unit pricing submitted for On-Site Service Visits, Return Visits and Products will be used for addition or reduction in Services or Products. 5.0 Reporting 5.1 The following reports shall be prepared and submitted to the City s Contract Manager or Facilities Representative: a) Facility On-Site Service Visit reports with results from all on-site testing (acceptable and out of ranges), any laboratory data, interpretation, and recommendations. Field Service visit reports shall be due within one (1) week following each visit. b) Return Visit Reports shall include the Facility name and the description and amount of Chemicals added. c) All reports to be submitted in pdf format. 6.0 Service Visit Frequency, Sampling and Analysis 6.1 During the On-Site Service Visits, the Field Representative shall collect and test the water samples as indicated in this (Schedule A), Section Where test data indicates below the acceptable range, the Field Representative will notify the Facility Representative of the Chemical order requirements. The Facility Representative will place the order. Once the order has been received by the Facility, the Field Representative will be contacted to add the Chemicals as required to acceptable defined parameter, within five (5) business days (the Return Visit ). 6.3 Field control parameters shall include, where applicable to the systems, TDS, alkalinity, ph, Zinc, PHO4, Mo, Tint, Glycol %m Freeze Pt., Meter Reading as well as any additional parameters deemed necessary by the Field Representative. Specific Page 2 of 5

20 RFP 1485 Chemical Water Treatment Services analytical requirements, including test methods and control limits, will be specified by the Field Representative during treatment program startup. The Field Representative to determine acceptable ranges for parameters tested based on the makeup water chemistries for the region and specific equipment involved. TDS: The dissolved solids (salt) content of the water as tested by way of conductivity meter. M.Alk (M.Alkalinity): Measure of Carbonate/Bicarbonate to ph of 4.3 by Alkalinity Titration. ph; Tested by probe or ph strips. TH (Total Hardness): Measure of total hardness by hardness titration. Zn (Zinc): Measure of Zinc residual by Zinc Test Kit and Spectrophotometer. Meter Reading: The volume of water displayed on the analogue read out of the associated water meter. PHO4: Phosphonate residual for brine systems containing IPABrine Mo: Molybdate inhibitor residual as tested by a Molybdate Test Kit and Spectrophotometer. Tint: Current is measured using a qualitative method of water quality (color) as a way to quickly deduce irregularities (rusting, etc.). Glycol %: Percentage of propylene glycol in loops containing glycol. Freeze Pt.: Freeze point limit for systems containing glycol 6.4 Required are scheduled On-Site Service Visits, (4) times per year (Mar / Jun / Sep / Dec) for: Facility Equipment Minimum Test Data Required Beban Park Pool Closed Loop Hot Water TDS, ph, Mo, Tint 2300 Bowen Road System City Hall Closed Loop Hot Water TDS, ph, Mo, Tint 455 Wallace Street System Nanaimo Aquatic Centre Closed Loop Hot Water TDS, ph, Mo, Tint 741 Third Street System Oliver Woods Community Centre 6000 Oliver Road Service and Resource Centre 411 Dunsmuir Street Closed Hydronic System Closed Loop consists of Heat Pump Loop, A/C Chiller, Glycol Evaporative Condensers/CT, Evap. Coil Glycol Closed Hydronic System TDS, ph, Mo, Tint, Zn, Meter Reading, Tint, Glycol %, Freeze Pt. TDS, ph, Tint Page 3 of 5