REQUEST FOR TENDERS No Gloves, Safety and Industrial Supplies - Three Separate Categories

Transcription

1 REQUEST FOR TENDERS No Gloves, Safety and Industrial Supplies - Three Separate Categories Closing Date and Time: Tenders must be received by 3:00 p.m. (15:00 hours), Pacific Time on Wednesday, August 23, Address for Tender Delivery: City of Nanaimo Purchasing Department Hard Copy to: 2020 Labieux Road, Nanaimo, BC V9T 6J9 Or to: purchasinginfo@nanaimo.ca Please Note: Maximum file size 8MB Submission of Questions: Any questions are to be submitted in writing, by , to the contact person below. Questions should be submitted five (5) business days prior to the closing date and time of this Request for Tenders. The City will endeavour to respond to all questions. Contact Person: Silvia Reid, SCMP, Buyer purchasinginfo@nanaimo.ca Answers relevant will be posted on the City of Nanaimo and BC Bid Websites. Addenda: It is the responsibility of the Bidder to check the City of Nanaimo Website at: spx and BC Bid Website at: for any updated information and addenda issued before the closing date and time. Tenders will be opened in Public after the closing date and time. RFT Issued: August 2, 2017 Page 1 of 9

2 TABLE OF CONTENTS Section 1.0 Overview of Requirements... 3 Section 2.0 Definitions... 3 Section 3.0 Instructions to Bidders Section 4.0 RFT General Terms and Conditions Schedule A Terms of Reference Appendix A Sample Form of Agreement Appendix B Sample Vendor Performance Evaluation Appendix C Sample Fuel Reporting Consumption Worksheet... 1 Appendix D Form of Tender (Fillable Form) Appendix D-1 Price and Product Category I Gloves (Fillable Form) Appendix D-2 Price and Product Category II Safety Supplies (Fillable Form) Appendix D-3 Price and Product Category III Industrial Supplies (Fillable Form) Page 2 of 9

3 Section 1.0 Overview of Requirements 1.1 The City of Nanaimo (the City ) invites submission of Tenders for three (3) separate categories for Central Stores Inventory, on an as and when required basis. The three (3) separate categories are: Category I: Gloves Supplies Category II: Safety Supplies Category III: Industrial Supplies Bidders are advised that the City may award all the Contracts to the same Bidder; however, one or more Bidders may be awarded a Contract for one (1) or multiple categories. The City s intent is to enter into a Contract with the Bidder or Bidders who has the lowest Net Total price for each Category, meeting the mandatory criteria identified in clause (3.1) noted below. Bidders should be prepared to have their Tender prices accepted for one (1) category only, or for two categories or for three categories, and each price tendered should consist of independent price components for each of the three (3) categories. 1.2 If awarded, the Contract term is anticipated to start on or before September 15, 2017 and will expire September 14, 2018, unless extended, terminated or cancelled. The Contract term may be extended up to two (2) one-year terms to a maximum term August 31, 2010, upon satisfactory Supplier performance, Product, price negotiation and mutual agreement by both parties. Section 2.0 Definitions 2.1 Definitions Throughout this RFT, the following definitions will be used: (a) Bidder or plural thereof means an entity that submits a Tender; (b) category or plural thereof means a category for Products as listed in Section 1.0, clause (1.1); (c) City means City of Nanaimo; (d) must mandatory shall means a requirement that must be met in order for a Tender to receive consideration; (e) Product or plural thereof means a Product offered by the Bidder, in response to this RFT. (f) RFT means this Request for Tenders document, including all attachments and addenda issued by the City; (g) Supplier or plural thereof means a successful Bidder or Bidders to this Request for Tenders who enters into a Contract with the City one (1), or multiple or all categories; and (h) Tender or plural thereof means the package of documents consisting of the completed Product and Pricing category and the Form of Tender, including all appendices and attachments submitted by any Bidder in response to this RFT. Page 3 of 9

4 Section 3.0 Instructions to Bidders 3.1 Mandatory Requirements The City will only consider Tenders from Bidders that meet the following mandatory requirements: (i) Tender must be received no later than the closing date and time, at the address for Tender delivery ; and (ii) No equivalent Products will be considered for Category I, Gloves; and (iii) Bidders must bid all Products listed in each Category, the Bidder is submitting a Tender for, as partial bids will not be given consideration; and (iv) Appendix D Form of Tender must be signed by a person authorized to sign on behalf of the Bidder and to bind the Bidder to statements made in response to this RFT. 3.2 RFT Timeline The RFT process is expected to proceed in accordance with the timeline listed below, which may be subject to change, at the City s discretion. Activity Date Issue date of RFT August 2, 2017 Deadline for Questions (5) business days before closing date and time Closing Date and Time 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday August 23, 2017 Notification of Bidder Week of September 4, 2017 Selection 3.3 Closing Date and Time and Address for Tender Delivery A Tender should be labelled with the Bidder s name, RFT title and number, attention: Silvia Reid, SCMP Buyer. Tenders must be received by hard copy or by no later than 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, August 23, 2017 (the closing date and time ) as follows: (1) Hard Copy If the Bidder chooses to submit by hard copy, the Bidder must submit one (1) original Tender and should include one (1) electronic version of the Tender on CD/DVD or USB flash drive, which must be delivered to the City at the following address for Tender delivery. City of Nanaimo - Purchasing Department 2020 Labieux Road, Nanaimo, B.C. V9T 6J9 Name: Silvia Reid, Buyer If there is an inconsistency between the hard copy Tender and the electronic version of the Tender, the electronic version prevails. The time clock in the Purchasing Department office is the official time for hard copy Tenders. Page 4 of 9

5 (2) If the Bidder chooses to submit by , the Bidder must submit the Tender electronically to the City by at Please ensure RFT Name and RFT number are noted in the subject line. Note that the maximum file size the City can receive is 8Mb. If sending large attachments, or in the event the Bidder s is rejected by the City s system, or if a receipt confirmation is not received back from the City, the Bidders should immediately contact the Purchasing Office main telephone number (250) to confirm receipt. A Bidder bears all risk that the City s equipment functions properly so that the Tender is received on time. The official receipt time for Tenders submitted by is when displayed as new at (purchasinginfo@nanaimo.ca). It is the Bidder s responsibility to allow sufficient time prior to Tender closing date and time to address any technological problems that may be encountered during the process of ing their Tender. Tenders submitted after the closing date and time will not be accepted or considered. 3.4 How to Submit your Tender It is recommended, that in order for your submission to receive the fullest evaluation and that information not get overlooked, Bidders are encouraged to submit their Tender as noted below. (i) (ii) Complete each Appendix, for each Category, the Bidder is intending to submit a Tender for. Bidders who are offering an equivalent Product for Category II Safety Supplies and Category III Industrial Supplies are asked to attach as an appendix Product Information, referencing the appendix and Category. Form of Tender, attached as Appendix D The legal name of the Bidder submitting the Tender should be inserted in the Form of Tender, Appendix D ; Complete the entire Appendix D ; Appendix D must be signed by a person authorized to sign on behalf of the Bidder, and to bind the Bidder to statements made in response to this RFT. 3.5 Inquiries Bidders finding discrepancies or omissions in this RFT, or having doubts as to the meaning or intent of any provision, should immediately notify the contact person noted below. If the City determines that an amendment is required to this RFT, the City will issue an addendum in accordance with clause (3.7), noted below. No oral conversation will affect or modify the terms of this RFT or may be relied upon by any Bidder. Contact Person: Silvia Reid, SCMP - Buyer City of Nanaimo - Purchasing Department Phone: (250) purchasinginfo@nanaimo.ca Please ensure the RFT name and RFT number are noted in the subject line of any correspondence. Page 5 of 9

6 Inquiries should be made no later than five (5) business days before closing date and time. The City reserves the right not to respond to inquiries made within five (5) business days of the closing date and time. 3.6 Accuracy of Information While the City has used considerable efforts to ensure information in this RFT is accurate, the information contained in this RFT is supplied solely as a guideline to Bidders. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFT is intended to relieve Bidders from forming their own opinions and conclusions with respect to the matters addressed in this RFT. 3.7 Addenda If the City determines that an amendment is required to this RFT, the City Purchasing Department will issue a written addendum by posting it on the City of Nanaimo Website at and the BC Bid Website at that will form part of this RFT. It is the sole responsibility of each Bidder to check the City Website and BC Bid Website regularly up to the closing date and time for addenda, amendments and questions and answers related to this RFT. The only way this RFT may be added to, or amended in any way, if by a formal written addendum. By submission of a Tender, Bidder is deemed to have received and accepted any and all addenda up to the closing date and time of this RFT. 3.8 Award / Approval.1 Bidders should note that the award of this Tender is subject to the City s internal approval processes and whether the Tender submitted meet or exceed the budget available. Notwithstanding that, a Bidder may have been recommended for award, issuance of any Contract will be contingent upon internal approval in accordance with the City s budget and policies. If such approval is not given, no Contract will be awarded..2 Award of a Contract is subject to the preferred Supplier s compliance with the conditions required to be met upon receipt of the Notice of Award..3 The successful Bidder will become the selected Supplier only when notified in writing, a Contract is awarded and the Agreement is duly executed by both parties..4 Bidders are advised that the City may award all the Contracts to the same Bidder; however, one or more Bidders may be awarded a Contract for one (1) or multiple categories. 3.9 Notice of Award Prior to award of a Contract, the selected Bidder is to provide within five (5) business days: (a) City of Nanaimo or Inter-Community Business License that includes the City of Nanaimo. This is not a requirement to submit a Tender, but the preferred Supplier must provide proof of application; Page 6 of 9

7 (b) evidence of insurance, where applicable (See Draft form of Agreement, clause (18), Appendix A ); and (c) proof of good standing with WorkSafeBC (WorkSafeBC Clearance Letter), where applicable. The City may require the selected Bidder or Bidders to demonstrate financial stability, providing financial reports or a set of financial statements prepared by an accountant Rights of the City The City of Nanaimo (the City ) reserves the right, in its sole and absolute discretion to: (a) to award a Contract for one (1) or multiple categories to one or more Bidders: (b) to award a Contract for all categories to a single Bidder; (c) to accept or not accept a Tender in whole or in part, with the exception of Tenders that fail to comply with mandatory criteria, whether or not it is the lowest priced Tender; (d) reject any, all or part of any Tender; (e) accept or reject a single Tender; (f) not accept any deviations from the stated terms and conditions; (g) modify the terms of this RFT at any time up to the closing date and time ; (h) to waive minor informalities, irregularities or other deficiencies in any Tender at its own discretion; (i) terminate the RFT process at any time and/or re-issue this RFT at any time; (j) obtain information from the a Bidder or Bidders to seek clarification or to verify any or all information provided by the Bidder at any time throughout this RFT process; (k) contact a Bidders references; or (l) not enter into any contract at all with any Bidders responding to this RFT. Section 4.0 RFT General Terms and Conditions 4.1 Bidders Costs for Tender (a) Bidders are solely responsible for their own expenses and costs in preparing and submitting a Tender, and for any meetings, negotiations or discussions with the City or its representatives or consultants, relating to or arising from this RFT. (b) The City will not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, incurred by the Bidder in preparing and submitting a Tender, or participating in negotiations for a Contract, or other activity related to or arising out of this RFT. (c) The City shall, in no circumstance, be liable to compensate Bidders for such costs, and by submitting a Tender each Bidder shall be deemed to have agreed that it has no claim. 4.2 Sub-Contractor Using a sub-contractor to perform any part of the work may be acceptable, and should be clearly identified in the Form of Tender (see Appendix B ). This includes a joint submission by two or more Bidders having no formal corporate links. However, in this case, one of these Bidders must be prepared to take overall responsibility for successful performance of the Contract and this should be clearly defined in the Tender. Where applicable, the names of approved sub-contractors listed in the Tender may be included in the resulting Contract. No additional sub-contractors will be added or other changes made, without the written consent of the City. Page 7 of 9

8 4.3 Conflict of Interest By submitting a Tender, the Bidder warrants that neither it nor any of its officers, directors, employees or sub-contractors, 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 or perceived (in the City s sole and unfettered discretion) to create a conflict of interest. 4.4 Solicitation of Council Members and City Staff Bidders and their agents will not contact any member of the City Council or City Staff with respect to this RFT, other than the City Contact Person listed herein, during the RFT period, or at any time prior to award. This may be viewed as a Bidder seeking an unfair advantage over other Bidders and may be cause for rejection of a Tender. 4.5 No Collusion Bidders must not communicate, directly or indirectly, with any other Bidders (including through any employees, agents or Suppliers) regarding the preparation, content or submission of this Tender. Each Tender must be submitted without any collusion, or knowledge, in the preparation of or about any other Tender. Submission of a Tender to the City is deemed to be a representation and warranty by the Bidder submitting that Tender, that it has complied with the requirements of this paragraph. If the City determines that a Bidder has violated this paragraph, the City is entitled to disqualify that Bidder and to reject its Tender as being invalid. 4.6 Law This RFT process and any subsequent Contract will be governed by the laws of the Province of British Columbia and any dispute will be subject to the jurisdiction of the courts of British Columbia and all applicable federal laws. 4.7 Revisions to Tenders or Withdrawal (a) Bidder is entitled to amend its Tender at any time before the closing date and time. Amendments must be received by the closing date and time at the address for Tender delivery of this RFT. Revisions must be signed by an authorized signatory of the Bidder. (b) The Bidder may withdraw their Tender at any time prior to the closing date and time by submitting via a written withdrawal letter, signed by an authorized signatory of the Bidder, to the Purchasing Department by (purchasinginfo@nanaimo.ca). 4.8 Irrevocable Tenders Tenders shall be irrevocable and shall remain open for acceptance by the City for at least sixty (60) calendar days after the RFT closing time. The City may elect to extend the Tender validity duration beyond sixty (60) calendar days with written notice to the Bidders. 4.9 Supplier Performance The selected Supplier will be evaluated on their performance throughout the term of this Agreement. Suppliers achieving a less than satisfactory rating under the evaluation will be notified and required to create and implement a corrective action plan that addresses any shortfall in the Supplier s performance. If the Supplier fails to create or implement the corrective action plan or if the Supplier s performance level does not improve The City may take further action including but not limited to cancelling the Agreement and/or Page 8 of 9

9 suspension of the Supplier from future bidding opportunities. Performance Evaluation is included as Appendix B. Sample Vendor 4.10 Litigation Clause The City may, in its absolute discretion, reject a Tender submitted by Bidders, if the Bidder, or any officer or director of the Bidder is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to: (a) Any other Contract for works or Services; or (b) Any matter arising from the City s exercise of its powers, duties or functions under the Local Government Act for another enactment within five (5) years of the date of this Request for Tender. In determining whether to reject a Tender under this clause, the City will consider whether the litigation is likely to affect the Bidder s ability to work with the City, its consultants and representatives and whether the City s experience with the Bidder indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Bidder Ownership of Tenders and Freedom of Information and Protection of Privacy Act (British Columbia) The City will retain all Tenders and they will not be returned to the Bidder. All submissions will be held in confidence by the City. The City is bound by the Freedom of Information and Protection of Privacy Act (British Columbia) and all documents submitted to The City will be subject to provisions of this legislation RFT Status Any updates as to the outcome status of this RFT will be posted on the City Website at The City will notify the successful Bidder only Request for Debrief At the conclusion of this RFT process (see RFT Status Inquires), Bidders may request a de-brief regarding their Tender submission within thirty (30) calendar days. The City will not provide information regarding Tenders from other Bidders Public Opening Tenders will be opened in Public after the closing date and time. Page 9 of 9

10 SCHEDULE A : TERMS OF REFERENCE 1. Supply The selected Supplier is required to supply and deliver the Products as listed in a single or multiple categories on an as if and when requested basis or not at all. Quantities listed in the Product and Pricing categories are solely estimates, based on the past twelve month s history. The categories are as follows: Category I: Gloves Supplies Category II: Safety Supplies Category III: Industrial Supplies 2. Minimum Order Value The City will place orders for no less than $250. No minimum order surcharges will be accepted by the City for orders meeting the minimum order value. 3. Discontinued or Limited Quantity Products During the term of the Contract, the selected suppliers should indicate any Products that they are aware may be discontinued or where the supply on hand may become limited. Unless otherwise confirmed by the selected Supplier, all Products will be considered available. 4. Purchase Order and Order Confirmation (a) A new Purchase Order number will be issued by Central Stores for each Order placed. Address all correspondence pertaining to this Purchase Order to the person specified on the Purchase Order. The Purchase Order number shall appear on all invoices. (b) The City requires the issuance of a sales order confirmation for Products ordered within one (1) business day. (c) Notify Central Stores of backorders and estimated shipping date within (1) business day. 5. Deliver Location and Hours (a) Delivery Location: Central Stores Department located at 2020 Labieux Road, Nanaimo, BC. There is no loading dock at this location. (b) Hours for Deliveries: Deliveries to be provided to the City between the hours of 7:30 a.m. and 4:00 p.m., Monday to Friday only, excluding statutory holidays. 6. Delivery Requirements (a) The selected Supplier shall deliver the Products ordered in each Purchase Order within (48) hours from receipt of Purchase Order, unless otherwise noted in the Product and Pricing, column Lead Time. (b) Delivery of the Products specified in a Purchase Order will be complete when the selected Supplier unloads the Products at the Delivery Location. (c) The selected Supplier shall not deliver the Products specified in a Purchase order by instalments except with the prior written consent of the City. (d) Each shipment of Products shall be accompanied by a packing slip, showing the Purchase Order number, the date of the Order, the type and quantity of Products included in the Order, and, in the case of an Order being delivered in instalments, the outstanding balance to be delivered. Page 1 of 3 (Schedule A Terms of Reference)

11 7. Back Orders (a) It is a major inconvenience and cost to the City, when a Product is ordered, is not supplied and placed on back-order. Any back-orders shall be identified in the Order Confirmation. Back-orders should be delivered within one (1) week or at the City s discretion to accept any further delay. (b) If the back order deliver schedule does not meet the City s requirements, the City reserves the right to cancel the outstanding quantities/products and purchase from a third-party Supplier. 8. Returns (a) The City reserves the right to return orders (partial/complete) at no cost to the City, including restocking charges for the delivery of Products that are not acceptable due to situations such as unapproved product, inferior quality, over shipment, wrong item, or damaged Products. (b) Products for return shall be picked up by the selected Supplier within forty eight (48) hours from notification or the next subsequent delivery, whichever is first. The Supplier shall provide a Return Material Authorization Number (RMA) at time of notification for all items to be returned which will be recorded on the return delivery packing slip and any corresponding invoices. (c) The Supplier will issue a credit memo to the City within seven (7) days of the return if the item has been charged. 9. Product Substitution: The selected Supplier shall not substitute a Product, without prior written approval from the Central Stores Supervisor or authorized designate. 10. The selected Supplier s personnel visiting Central Stores at a minimum shall wear CSA rated high visibility vest, CSA rated footwear, and comply with all safety related signage or rules specific to Central Stores. All visits are to be pre-scheduled. 11. The selected Supplier shall provide a dedicated customer service representative, who will answer queries related to the Product Category from end users, assist in returns processes where necessary and expedite orders. 12. Unit of Measure (UOM) Unit Prices for Contract Products quoted shall be held firm for the initial Contract term. The quantities listed in Appendix D-1, D-2 and D-3 are solely estimates based on the past twelve month s history to assist Bidders to understand historical quantities, but are not a guarantee for future purchases. The City may remove or add Products from the Contract on an as-needed basis. Non-Contract items that increase in usage during the Contract term may be eligible to be added to the list of Contract Products. 13. Shipments containing damaged Products may be either partially accepted by Central Stores or totally rejected, depending on the severity of the damage. 14. Reporting The selected Supplier should be able to provide year-to-date activity, as a minimum. 16. Warranty: As a minimum the selected Supplier shall honor all manufacturers warrantees. The selected Supplier shall make good at their own expense and to the satisfaction of the City all defects and damages which may result from faulty product. Page 2 of 3 (Schedule A Terms of Reference)

12 17. CSA Approval: The selected Supplier agrees that all Products supplied hereunder as applicable shall be manufactured and produced in compliance with all applicable laws, regulations, codes, standards and/or requirements of CSA and/pr ULC, all Federal, Provincial and Territorial authorities, and all other authorities having jurisdiction, and that performance of this order shall be in accordance with the above laws, regulations, codes, terms, standards and/or requirements. The selected Supplier agrees upon request to furnish the City with a certificate of compliance with this provision in such terms as the City may require. 18. MSDS Sheets If applicable to Products purchased current MSDS sheets are to be supplied with the initial shipment. 19. WHMIS Any selected Supplier must indicate any items subject to the workplace hazardous material information system (WHMIS) and include a Material and Safety Data Sheet (MSDS) for each item with their Tender and as required by law. 20. Fuel Consumption Reporting Selected Supplier who uses their own fleet for delivery will be required to communicate the quantity of fuel used to operate vehicles, equipment and machinery as part of the delivery requirements for this Contract on an annual basis. Fuel consumption associated with the provision of delivery service must be provided to the City of Nanaimo at the completion of this Contract or within thirty-one (31) days of the calendar year ending December 31 annually. Data provided should be completed as outlined on the Fuel Reporting Consumption Worksheet attached as Appendix C. 21. Alternative Sourcing The City reserves the right to purchase any Product whether included in the Contract or not, from other sources if: (a) It deems that the Product offered by any selected Supplier does not meet expectations; or (b) The selected Supplier cannot supply the Products in the specified lead-time, or as reasonably as determined by the Central Stores Supervisor; or (c) If the Products is not readily available from the selected Supplier in an emergency situation; or (d) If the Product is not identified in the Form of Tender. 22. The successful Bidder will enter into a formal agreement with the City, see attached Appendix A Sample Form of Agreement. Page 3 of 3 (Schedule A Terms of Reference)

13 APPENDIX A SAMPLE FORM OF AGREEMENT SUPPLY AND DELIVER [category or categories] FORM OF AGREEMENT NO THIS AGREEMENT is made the day of, BETWEEN: City of Nanaimo 455 Wallace Street Nanaimo, British Columbia V9R 5J6 AND: (Hereinafter called the City ) [Successful Bidder] (Hereinafter called the Supplier ) ON THE FIRST PART ON THE SECOND PART The City and the Supplier agree as follows: 1. Form of Agreement This Form of Agreement No is a Contract for the supply and delivery of [category]. It is a Contract to allow for the purchase of the specified Products on an as, if and when required by the City, in accordance with the prices detailed in [Category Form of Tender]. 2. Contract Documents The Contract Documents consist of: (a) This Agreement, including any amendments to this Agreement issued in writing by the City; (b) Terms of Reference, attached as Schedule A ; (c) Successful Bidder s Tender for one (1) or multiple categories; (d) Insurance, Business License and WorkSafeBC requirements; and (e) RFT No document, including all addenda issued by the City. All of the Contract Documents shall constitute the entire Contract between the City and the Supplier. 3. Contract Term The Contract term commences on [insert date], 2017 will be expire on September 14, 2018, unless cancelled, terminated or extended. The Contract term may be extended up to two (2) one- year terms to a maximum term August 31, 2010, upon satisfactory Supplier performance, Product, price negotiation and mutual agreement by both parties. Page 1 of 6 (Appendix A Sample Form of Agreement)

14 4. Contract Manager The person(s) identified below will be the primary point of contact for each party in the administration of the Contract. Either party may change its Contract Manager by written notice to the other party. For the purpose of this Contract, the City designates as its Contract Manager: [City Contact Information] For the purpose of this Contract, the Supplier designates as its Contract Manager: [Supplier Contact Information] 5. Day to Day Contact Person for City and Supplier For the City: [Contact Person] For the Supplier: [Contact Person] 6. In this Contract, Product Products shall mean [Category] 7. Price The price for the Products shall be in Canadian Dollars, as per [Form of Tender Category]. 8. Invoices: Each of the Supplier s invoices shall set out, as a minimum: (a) the purchase order number issued by the City relating to the particular Products ordered: (b) invoice date; (c) quantity ordered, product description, unit pricing (d) applicable taxes shown as a separate line item. Invoices are to be addressed to the City of Nanaimo, attention: Accounts Payable Department by mail to: 411 Dunsmuir Street, Nanaimo, BC V9R 0E4 or submitted by to finance.division@nanaimo.ca 9. Payment: (a) Payment will be made in Canadian funds. The City s payment terms are Net (30) days. The Supplier shall be paid, within a reasonable time after the submission by the Supplier of properly prepared invoices, the unit prices stipulated in the Form of Tender, delivered and accepted by the City, less deduction, if any, as provided herein. (b) Electronic Funds Transfer (EFT) is the preferred method of payment. EFT is a direct deposit into the Supplier s bank account. The payment advice pertaining to the EFT payment is ed out separately (24) hours prior to the payment deposit. (c) The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing, without penalty. (d) No payments for extras will be made unless they have been prior approved by the City Representative or authorized designate in writing. 10. Indemnity The Supplier will indemnify and save harmless the Indemnities from and against all claims, demands, causes of action, suits, losses, damages and costs, liabilities expenses and judgments (including all actual legal costs) for damage to or destruction or loss of property, including loss of use, and injury to or death of any person or persons which any of the Page 2 of 6 (Appendix A Sample Form of Agreement)

15 Indemnities incur, suffer or are put to arising out of or in connection with any failure, breach or non-performance by the Supplier of any obligation of this Contract, or any wrongful or negligent act or omission of the Supplier or any employee or agent of the Supplier. 11. Workplace Hazardous Material Information System (WHMIS) The Supplier shall provide appropriate labels and material safety data sheets for WHMIS regulated products. 12. Title The Products remain under the care, custody and control of the Supplier and at the risk of the Supplier until Products, are delivered to, received and approved by the City at the specified destination. 13. Inspection of Products Inspection and acceptance of the Products will be made at the delivery location. In case any Products are not in conformity with the specifications of the Contract, the City Representative or authorized designate shall have the right to reject the Product or to require correction. Products not accepted will be returned to the Supplier at the Supplier s expense. Acceptance or rejection of the Product shall be made as promptly as practical, but failure to inspect and accept or reject the Product shall not relieve the Supplier from responsibility for such Products that are not in accordance with the Contract. The City Representative or authorized designate shall be the final judge of all Products in respect of both quality and quantity and its decisions of all questions in dispute with regard thereto will be final. 14. Review of Products If either of the parties deems a change in the Products, a request may be made by the either party. 15. Applicable Law (a) This Contract shall be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Dealer accept the jurisdiction of the courts of British Columbia and agree that any action under this Contract shall be brought in such courts. (b) All equipment offered must be certified and approved for use in British Columbia by the laws of British Columbia. All electrical equipment must be certified by the Canadian Standards Association (CSA), Underwriters Laboratories Canada (ULC), or other agency acceptable to the Electrical Safety Branch, Province of British Columbia. 16. Business License The Supplier, at its own expense is required to have a valid City of Nanaimo or Inter- Community Business License that includes the City of Nanaimo for the duration of the Contract; this extends to approved sub-contractors (if any). 17. WorkSafe BC (WCB) The Supplier and any approved sub-contractors are to be registered with the Workers Compensation Board (WCB), in which case WorkSafe BC coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Supplier may be required to Page 3 of 6 (Appendix A Sample Form of Agreement)

16 submit a WorkSafe BC Clearance Letter indicating that all (WCB) assessments have been paid. 18. Insurance Requirements The Supplier is required to carry the following minimum insurance, in a form acceptable to the City: (a) Commercial General Liability Insurance, naming the City of Nanaimo, 455 Wallace Street, Nanaimo, B.C. as an additional insured, in an amount not less than $2,000,000, per occurrence. (b) Suppliers using their own fleet for delivery must have Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Supplier directly or indirectly in the performance of the Contract. The limit of liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence. All insurance must be primary; and not require the sharing of any loss by an insurer of the City. The Supplier 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 (18), in its sole discretion. The Supplier hereby waives all rights of recourse against the City for loss or damage to the Supplier's property. Coverage will be for the entire Contract term. 19. Termination of Contract The City may, by notice of default to the Supplier, terminate in whole or in part the Contract if the Supplier cannot provide Products in a Category to the satisfaction of the City; or continuously fails to deliver the Product or Products within the lead-time specified; or continuous back-orders; or does not adhere to the Contract requirements; or if a receiver should be appointed on account of the Supplier s insolvency. In the event to City terminates this Contract, the City may enter into a Contract, as it in its sole discretion sees fit, with another Supplier to provide the Products. The City may at and for any reason by written notice to the Supplier terminate this Contract before the completion of the Contract term with sixty (60) calendar notice to the Supplier. 20. Supplier Performance The Supplier will be evaluated on their performance throughout the term of this Agreement. Supplier achieving a less than satisfactory rating under the evaluation will be notified and required to create and implement a corrective action plan that addresses any shortfall in the Supplier s performance. If the Supplier fails to create or implement the corrective action plan or if the Supplier s performance level does not improve The City may take further action including but not limited to cancelling the Agreement and/or suspension of the Supplier from future bidding opportunities. Page 4 of 6 (Appendix A Sample Form of Agreement)

17 21. Force Majeure Both parties shall not be liable for any excess costs if failure to perform is due to strike or lockout beyond the control of either party, or Acts of God. In the event force majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. To meet the operational requirements of the City, should the force majeure event last for longer than (10) days, the City may purchase Products from another source, without validating the Contract. 22. Independent Supplier The Supplier is an independent Supplier. This Contract does not establish a relationship of employment, partnership, agency or joint venture. 23. Changes by Written Amendment Only Any changes to the Contract and Contract Documents will be by written amendment signed by the parties. No changes will be effective or will be carried out in the absence of such an amendment. Any such written changes will be included in the definition of Contract. 24. Agreements with Sub-Contractors The Supplier will preserve and protect the rights of the City with respect to any services performed under sub-contract and incorporate Contract Documents into sub-contracts as necessary to preserve the rights of the City under this Contract. The Supplier will be as fully responsible to the City for acts and omissions of sub-contractors and of persons directly or indirectly. 25. Freedom of Information and Protection of Privacy Act (British Columbia) The City of Nanaimo is subject to the disclosure provisions of the Freedom of Information and Protection of Privacy Act (British Columbia) and all documents submitted to the City of Nanaimo will be subject to the provisions of this legislation. 26. Dispute Resolution In the event of a dispute arising between the City and the Supplier as to their respective rights and obligations under the Contract, both parties agree to resolve the dispute by: (a) Frank and open negotiations whereby both parties use their best efforts to resolve the dispute by mutual agreement including the most Senior Management of both parties. (b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a mediator to resolve the dispute. All costs to be split equally. (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. 27. Notices Any notice required to be given in this Contract shall be deemed to be duly given to the City if send by: (i) Registered Mail: City of Nanaimo, Purchasing Department, 455 Wallace Street, Nanaimo, BC V9R 5J6, attention Manager of Purchasing; or by (ii) purchasinginfo@nanaimo.ca attention: Manager of Purchasing AND Page 5 of 6 (Appendix A Sample Form of Agreement)

18 To the Supplier if send by registered mail to the address shown on the page (1), or to the address set forth in clause (4) noted above. 28. Assignment of Contract The Supplier shall not, without the express written consent of the City, assign this Contract, or any portion of the Contract. 29. Time is of the Essence Time shall be of the essence in this Contract in the delivery of the Products. This Agreement shall enure to the benefit of and be binding upon the parties and their successors, executors, administrators and assigns. If this Agreement is executed by more than one person, Supplier or corporation, it is understood and agreed that all persons, Suppliers or corporations executing this Agreement are jointly and severally liable under and bound by this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Form of Agreement the day and year first written above. [SUCCESSFUL BIDDER NAME] I/We have the authority to bind the Supplier Authorized Signature Date Print Name and Title Authorized Signature Date Print Name and Title CITY OF NANAIMO I/We have the authority to bind the City Authorized Signature Date Print Name and Title THIS AGREEMENT IS EXECUTED THIS DAY OF, 2017 Page 6 of 6 (Appendix A Sample Form of Agreement)

19 CITY OF NANAIMO VENDOR PERFORMANCE EVALUATION FOR GOODS & EQUIPMENT Vendor Name: Contract Title and Number: Purchase Order Number: Contract Term: Contract Period: From: To: Contract Value: Department: EXCEPTIONAL (7) Meets contractual requirements and exceeds many to the City s benefit. The scope of services was accomplished. Corrective actions taken by the Contractor were highly effective. All significant program elements, including technical performance and schedule, are above what was planned and the cost remains at or below the originally negotiated cost. PERFORMANCE VERY GOOD (5) Meets contractual requirements and exceeds some to the City s benefit. The scope of services was accomplished with minor problems. Corrective actions taken by the contractor were effective. Significant elements were as planned. SATISFACTORY (3) Meets contractual requirements. The actions taken by the contractor appear or were satisfactory. Some significant program elements are behind what was planned or above the negotiated cost. MARGINAL (2) Does not meet some contractual requirements. The scope of services was not accomplished. Problems were serious. The Contractor has yet to identify corrective actions, or the Contractor s proposed actions appear only marginally effective or were not implemented. Some significant program elements are significantly behind the plan or well above the negotiated cost. UNSATISFACTORY (0) Does not meet most contractual requirements, and recovery is not likely in a timely manner. The Contractor s corrective actions appear or were ineffective. N/A Not Applicable INSUFFICIENT INFO. TO RATE There is not sufficient information to rate performance. PERFORMANCE RATING Score (0,2,3,5,7) COMMENTS (Attach additional sheets if necessary) Service Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Template: Vendor Performance Evaluation Goods & Equipment Page 1 of 4 (Appendix B Sample Vendor Performance Evaluation)

20 PERFORMANCE RATING Score (0,2,3,5,7) COMMENTS (Attach additional sheets if necessary) Delivers on time Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Follows instructions Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Product quality Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Number of rejections Handling of complaints Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Technical assistance Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Template: Vendor Performance Evaluation Goods & Equipment Page 2 of 4 (Appendix B Sample Vendor Performance Evaluation)

21 PERFORMANCE RATING Score (0,2,3,5,7) COMMENTS (Attach additional sheets if necessary) Delivers on time without constant follow-up Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Keep promises Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Customer service staff is responsive, professional and knowledgeable. Documentation records, receipts, invoices and computer generated reports received in a timely manner and in compliance with contract specifications. Safety: Reporting of incidents; Completing safety talks with employees; Compliance of hazard assessment / site safety plans; Total Recordable Injury Rate (TRIR) for the duration of the contract. Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate Would you recommend this firm again? Yes (Explain) No Template: Vendor Performance Evaluation Goods & Equipment Page 3 of 4 (Appendix B Sample Vendor Performance Evaluation)

22 OVERALL ASSESSMENT Total score out of 70 Exceptional (51-70) Very Good (31-50) Satisfactory (21-30) Marginal (10-20) Unsatisfactory (< 10) Comments: Name of Evaluator: (Print) (Signature) Title: Date: Purchasing and Stores will arrange performance review meetings with vendors receiving a Marginal score or less on a Vendor Performance Evaluation report. FISCAL COMPLIANCE: Original Contract Value $ Dollar amount of increase (decrease) $ Percent of increase (decrease) % Reason for increase (decrease) Project Lead Review Title Signature Date Template: Vendor Performance Evaluation Goods & Equipment Page 4 of 4 (Appendix B Sample Vendor Performance Evaluation)

23 Appendix 'C' Fuel Reporting Consumption Worksheet - SAMPLE DO NOT COMPLETE Company Name: Address: Phone Number: Contact Person: Title: Contact Phone: Contract Description: Contract Number / Identifier: Reporting Period:* *(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy Fuel Consumption Categories: Type of Fuel Total Consumption Unit of Measure Light Duty Vehicle - Two door passenger cars Gasoline 325 Litres - Four door passenger cars Diesel - Station wagons Propane Natural Gas Other Light Duty Truck - SUV's Gasoline 1234 Litres - Minivans Diesel - Full size vans Propane - Pickup trucks GVWR under 3856Kg (8,500 lbs) Natural Gas and curb weight under 2722 Kg (6,000 lbs) Other Heavy Duty Truck - Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) Gasoline and curb weight over 2722 Kg (6,000 lbs) Diesel Propane Natural Gas Other Off Road Vehicles and Portable Equipment - Vehicles and equipment not licensed for road use Gasoline - Snowmobiles Diesel - ATV's Propane - Lawnmowers and trimmers Natural Gas - Tractors Other - Construction equipment I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period. Signature Title Date (dd/mm/yyyy)