request for proposal no. 1358 - nanaimo

REQUEST FOR PROPOSAL No. 1358

ENERGY RECOVERY EQUIPMENT SUPPLY & SERVICES

Issue date: August 1, 2012

Closing location: Purchasing Department

2020 Labieux Road Nanaimo, B.C.

V9T 6J9

City Contact: Scott Pamminger

Water Resources Specialist Telephone: 250.756.5338

Email: [email protected]

Technical Contact: Sean Bolongaro, P.Eng

Practice Leader – Energy Associated Engineering

Telephone: 604.293.1411 Email: [email protected]

Closing date and time: Submissions must be received at the Purchasing Department before 3:00 PM

Pacific Time on August 22, 2012

Proposals will not be opened in Public

mailto:[email protected]


INSTRUCTIONS TO PROPONENTS Proposals are invited from qualified and experienced firms for the provision of Energy Recovery System Equipment Supply & Services. The outcome is for this equipment to generate electricity so it can be sold to BC Hydro. Proponents are encouraged to review the basic performance parameters and submit a proposal recommending equipment that will best meet the needs of the City. Some services, such as, but not limited to, design & commissioning will also be required to ensure a successful installation. Project site: Colliery Dams Park, 645 Wakesiah, Nanaimo, B.C. It is anticipated this project will be completed and commissioned by December 31, 2013. Proposals will be received by the Purchasing Manager, Purchasing Department before August 22, 2012 at 3:00 PM local time, at the Purchasing Department, 2020 Labieux Road, Nanaimo, BC, V9T 6J9. Submission received after the noted due time will not be considered. It is the sole responsibility of the person(s) submitting to deliver the Proposal to the Purchasing Department before the closing date and time. Submission methods (use one of the methods below):

a) Via email at the only acceptable email address: [email protected] All email submissions must be less than 8MB b) Via hard copy: One (1) hard copy and one (1) electronic version in MS Word/PDF

format submitted in the form of a CD/DVD or flash drive in a sealed envelope delivered to the Purchasing Department, 2020 Labieux Road, Nanaimo, B.C., V9T 6J9

Proposals should include a letter signed by an officer of the company in a position to legally bind the company to the statements contained herein. Revisions to a submitted Proposal must be in writing and received by the Purchasing Department Office before the closing date & time. A Proponent may withdraw his Proposal upon written request received in the Purchasing Department Office time prior to the closing date and time.


Evaluation: .1 Evaluations of proposals will be conducted by joint effort with the City of Nanaimo and

their Engineer. Evaluation Criteria: .1 Proposals will be assessed based on energy equipment capital cost, supplier’s support

capability, return-on-investment to the City, impact to overall project costs and supplier’s track record.

Schedule of Supply and Delivery .1 Proponents are requested to provide a schedule of supply and delivery (calendar days

from the Notice of Award) for the following items:

a. Submission of shop drawings b. Review of Shop Drawings by Engineer c. Delivery of all Energy Recovery Equipment to site d. Performance testing, start-up and commissioning

.2 Modifications to the proposed schedule will be allowed to the extent that it does not

compromise the General Construction Contractor’s ability to complete the project on time.

Payment Schedule: .1 Proponents are requested to provide their payment schedule for:

a. Engineering Design Services b. Equipment supply c. Field Services

Equipment Warranty .1 Proponents are requested to provide details on their equipment warranty.

City of Nanaimo 01001 Contract 1358 - Request for Proposal GENERAL REQUIREMENTS Energy Recovery Equipment Supply 2012-07/112853 Page 1 of 1

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1 General 1.1 PROJECT DESCRIPTION

.1 The City of Nanaimo intends to construct a new 14 ML potable water Reservoir No. 1 and Energy Recovery Facility at 645 Wakesiah Avenue, Nanaimo, BC (southwest corner of Colliery Dams Park, Nanaimo Lakes Road/Parkway Overpass). Construction activities are anticipated to be completed and commissioned by December 31, 2013. All the new work, except for the supply of the energy recovery system equipment, will be carried out by the City of Nanaimo and/or their designated General Construction Contractor.

1.2 CONTRACT METHOD

.1 Provide the specified equipment under a single lump sum contract.

1.3 CURRENCY

.1 All prices shall be quoted for payment in Canadian dollars.

1.4 FREIGHT

.1 Freight and insurance shall be included to the F.O.B. point at 645 Wakesiah Avenue, Nanaimo, BC (southeast corner of Colliery Dams Park, Nanaimo Lakes Road/Parkway Overpass).

END OF SECTION

City of Nanaimo 01110 Contract 1358 - Request for Proposal SUMMARY OF WORK Energy Recovery Equipment Supply 2012-07/112853 Page 1 of 2


1 General

1.1 WORK COVERED BY CONTRACT DOCUMENTS

.1 The Supply Contract is for the design, manufacture, supply, configuration, commissioning, and related services for a complete and operational energy recovery system. The contract also includes the supply of accessories, maintenance materials, special tools, and the provision of services for the field testing.

.2 The supply of equipment will include, but not be limited to, the following system components:

.1 Three (3) hydropower turbines complete with generators, base plates and couplings. Each hydropower unit will be provided with:

.1 Turbine inlet valve (TIV).

.2 Turbine inlet pipe reducer.

.3 Turbine outlet pipe reducer.

.4 Mounting equipment and mounting anchors. .2 A hydraulic power unit (PPU) or units as required for operation of up to three (3) TIVs.

.3 Switchgear power and protection panel, as required for three (3) units and provision for a future fourth unit.

.4 Hydropower turbine control panel, as required for three (3) units and provision of a future fourth unit.

1.2 WORK OF THE CONTRACT

.1 The work to be performed under the Supply Contract includes the supply of Services and Goods to the FOB Point.

.2 Perform any shop testing of the Goods required by the Specifications.

1.3 WORK BY OTHERS

.1 The General Contractor and not the Supply Contractor will be responsible for supplying all necessary labour, and equipment (except such specialty tools as may be specifically supplied under this Supply Contract) to off-load, position, and install the Goods.

1.4 RELATIONSHIP OF SUPPLY CONTRACTOR AND GENERAL CONTRACTOR

.1 The Supply Contractor shall assume full responsibility for protection and safekeeping of all Goods supplied under this Supply Contract until such time as they are delivered

City of Nanaimo 01110 Contract 1358 - Request for Proposal SUMMARY OF WORK Energy Recovery Equipment Supply 2012-07/112853 Page 2 of 2


to the FOB Point at which time the General Contractor will assume full responsibility for protection and safekeeping.

.2 The Supply Contractor shall take full responsibility for the warranty of the Goods notwithstanding that the General Contractor will off-load, position, and install the Goods.

1.5 SHIPMENT OF GOODS/DAMAGE TO GOODS

.1 The Goods will be delivered by the Supply Contractor to the FOB Point.

.2 The Supply Contractor will be responsible and pay for all transportation, freight, insurance, storage, customs or excise charges or duties and all other costs and expenses whatsoever incurred in connection with the Goods prior to the Goods being delivered to the FOB Point.

END OF SECTION

City of Nanaimo 16010 Contract 1358 - Request for Proposal ELECTRICAL: GENERAL REQUIREMENTS Energy Recovery Equipment Supply 2012-07/112853 Page 1 of 3


1 General 1.1 GENERAL

.1 This Section covers items common to Sections of Division 16 and supplements requirements of Division 1.

1.2 CODES AND STANDARDS

.1 Except where specified otherwise, complete work in accordance with CSA C22.1 Part I and as amended for use in the Province of British Columbia, henceforth alternatively referred to as the Rules and Regulations.

.2 Abbreviations for electrical terms: to CSA Z85.

1.3 MATERIALS AND EQUIPMENT

.1 Equipment and material to be of manufacturers’ current design and to be certified by CSA or an equivalent certification agency as identified in the Rules and Regulations. Where there is no alternative to supplying equipment which is thus certified, obtain special approval from B.C. Electrical Safety Authority.

1.4 FINISHES

.1 Shop finish metal enclosure surfaces by application of rust resistant primer inside and outside, and at least two coats of finish air dry enamel.

.2 Paint indoor switchgear and distribution enclosures and outdoor junction boxes light grey air dry enamel to EEMAC 2Y 1.

1.5 MANUFACTURERS AND APPROVAL LABELS

.1 Visible and legible after equipment is installed.

1.6 WARNING SIGNS

.1 As specified and to meet requirements of Electrical Safety Authority and Engineer.

1.7 QUALITY CONTROL

.1 Test, calibrate and, unless otherwise specified, program and configure the new works to ensure that they are operating in accordance with the intent of the drawings and specifications. Any clarification required as to the intent of the drawings and specifications must be obtained prior to bid closing.

.2 Supply all necessary instruments, meters, equipment and qualified personnel to perform tests and calibrations.



.3 Furnish manufacturer's certificate or letter confirming that entire installation, as it pertains to each system, has been installed to manufacturer's instructions.

.4 Insulation resistance testing:

.1 Megger circuits, feeders and equipment up to 350 V with a 500 V instrument; use a 1000 V instrument for system voltages above 350 V. Note: Disconnect cables connected to instruments, controllers and similar devices.

.2 Check resistance to ground before energizing.

.3 Carry out tests in presence of Engineer.

.4 Provide instruments, meters, equipment and personnel required to conduct tests during and at conclusion of project.

.5 Submit test results for Engineer's review.

.5 Check electrical equipment and motor nameplates to ensure that the breakers, fuses, overload heaters and conductors are sized in accordance with the Rules and Regulations.

.6 Ensure that circuit protective devices such as overcurrent trips, relays, fuses, and the like, are set to required values.

.7 Provide Engineer with list of test results including, but not limited to, the following:

.1 Nameplate full load current of each generator and/or motor.

.2 Measured operating current of each generator and/or motor.

.3 Cat. No. and current range of installed O/L heater or settings, as applicable.

.4 Setting of breakers.

.5 Settings of all protective relays.

.6 Thermostat settings.

.7 Calibration calculations.

.8 Analog and control setpoints.

.9 Parameter setting record sheets for devices and equipment which need programming, e.g. VFDs, ATS, DMS and the like.

.10 All other relevant and similar data.

1.8 OPERATIONS AND MAINTENANCE MANUAL

.1 Provide operation and maintenance data for incorporation into manual by General Contractor.

.2 The data must include all information listed under another item of this Section entitled Shop Drawings and Product Data, supplemented by illustrated parts lists, catalogue



numbers and detailed instructions to permit effective operation, maintenance and repair of the equipment.

.3 Include data for each type and style of device.

.4 For each manual, provide 1 print of each shop drawing, revised to as-built status, including all final settings and sizes of circuit breakers, fuses, relays, and the like.

.5 For control, instrumentation and other similar equipment, include information on calibration and programming.

.6 Information must be for actual piece of equipment supplied; literature which covers an entire family of equipment is only acceptable if the equipment in use is clearly highlighted.

1.9 TERMINOLOGY

.1 Unless further qualified, the following definitions apply:

.1 Wiring - refers to any or all of conduits, cables, wires, conductors and associated fittings and hardware.

.2 Conductor - refers to the current carrying portion of an insulated or non-insulated wire.

.3 Wire - refers to a single, insulated conductor.

.4 Cable - refers to an assembly of a single or multiple wires with shield, jacket, sheath or armour.

.5 Field wiring - refers to wiring outside a control panel or kiosk.

.2 Wherever the term 'duct' appears, it applies equally to conduit.

END OF SECTION

City of Nanaimo 16240 Contract 1358 - Request for Proposal HYDROPOWER TURBINES AND Energy Recovery Equipment Supply GENERATOR EQUIPMENT 2012-07/112853 Page 1 of 4


1 General

1.1 SCOPE

.1 This section refers to the design, supply, testing, start-up and commissioning of a packaged hydropower turbine and generator system, complete with electrical protection for all units individually or together.

.2 Scope of services and equipment to be supplied to be as described in Section 01110 – Summary of Work.

1.2 REFERENCE STANDARDS

.1 Conform to the following reference standards:

.1 Latest edition of BC Hydro, 35 kV and Below Interconnection Requirements for Power Generators. Refer to Appendix C for a copy of May 2010 edition.

1.3 REFERENCE DOCUMENTATION

.1 Process and instrumentation diagrams (P&IDs), single line diagram, equipment layout drawings, and control system block diagram.

1.4 SYSTEM DESCRIPTION

.1 The hydropower turbines and generators will be used for energy recovery at the City of Nanaimo, Reservoir No. 1 Energy Recovery Facility. Power generated will be used for export to the local BC Hydro utility grid.

.2 The hydropower turbines will be connected in parallel with primary pressure reducing valves in the facility. The hydropower turbines will operate individually or together. They will also operate alone or simultaneously with one or more pressure reducing valves.

.3 The packaged hydropower turbine and generator system is to generally consist of the following major components:

.1 Three (3) hydropower turbines (T-101, T-102 and T-103) complete with base plates and couplings.

.2 Three (3) electric generators.

.3 Three (3) turbine inlet valves (TIV-111, TIV-112 and TIV-113).

.4 Hydraulic power unit or units as required for a complete and operational system. Complete with all hydraulics piping.

.5 Switchgear power and protection panel (CP-911) with three (3) individual sections (one per hydropower turbine) and provision for a fourth unit. Consideration will be given to three (3) individual starter sections for wall mount or other.



.6 Hydropower turbine control panel (CP-921) for control of all common energy recovery systems for a complete and operational system.

.7 Consideration will be given to one control panel that consolidates the functions of CP-911 and CP-921.

.8 Ancillary piping, fittings and valves for a complete and operational system.

.9 All cabling and interconnecting wiring for a complete and operational system.

1.5 DESIGN CRITERIA

.1 Application: clean water.

.2 Location: indoors.

.3 Electrical connection: to connect to a 600 V, 3 phase, 3 wire delta system.

.4 Duty: Continuous (24 hours per day).

.5 Individual turbine flow rate range: 105 to 120 L/s.

.6 Maximum turbine flow (all turbines working together): 360 L/s.

.7 Normal inlet pressure: 1010 kPa (gauge).

.8 Maximum turbine inlet pressure: 1130 kPa (gauge).

.9 Turbine, piping, fitting and valve design pressure: 2100 kPa (gauge).

.10 Normal turbine outlet backpressure: 50 kPa (gauge).

.11 Minimum continuous generator output (generator rating): 100 kW @ 600 V, 3 phase, 60 Hz.

.12 All electrical components and assemblies including control panels to be CSA or ULC approved. Special inspection certification will be considered where CSA and ULC are not available. Preference will be given to CSA and ULC certification.

.13 All components including coatings/linings in contact with water to be NSF approved for potable water use. Carbon steel components to be epoxy coated.

1.6 SHOP DRAWINGS

.1 Shop drawings to include:

.1 Dimensional layouts and elevations indicating all piping connection locations and sizes, shipping and operating weights, overall dimensions and foundation requirements.

.2 Component details and dimensions including piping, valves and fittings.



.3 Component design and performance capacities including inlet and outlet pressures, turbine power output, generator power output, turbine and generator speeds.

.4 Generator equipment electrical data and constants.

2 Products

2.1 HYDROPOWER TURBINES (T-101, T-102 AND T-103)

.1 Supply three (3) hydropower turbines. Turbines to be pump-as-turbine (PAT) style. Turbines and generators to be in long-coupled arrangement.

.2 Construction: cast iron body and bronze or stainless steel fitted.

.3 Acceptable manufacturer: Cornell 5TR3 or equally approved by the Engineer that provides similar overall value to the City.

2.2 GENERATORS

.1 Supply three (3) induction generators, long-coupled to hydropower turbines.

.2 Consideration will be given to synchronous generators if they provide equivalent overall value to the City.

.3 TEFC, three phase, 600 VAC, 60 Hz, 1800 rpm.

2.3 TURBINE INLET AND OUTLET ASSEMBLIES

.1 Provide fabricated turbine inlet reducers suitable for piping arrangement. Reduction ratio (length to diameter) to be 4 to 1.

.2 Provide hydraulically actuated inlet flow control valves (TIVs). Valves to be butterfly.

.3 Provide fabricated turbine outlet reducers suitable for piping arrangement. Reduction ratio to suit installation.

.4 Piping to be steel, ASTM A53 or ASTM A106 Grade B, welded and standard weight.

2.4 HYDRAULIC POWER UNIT (HPU-201)

.1 Provide one (1) or multiple complete hydraulic power unit(s) to operate three (3) turbine inlet control valves.

.2 Unit(s) to include all required components for a complete and operational system including motors, accumulators (as required), directional control valves, isolation valves, piping and controls.

.3 Panel power supply and motor to be 120 VAC, single phase.



.4 Provide necessary hydraulic tubing and fittings to connect hydraulic power unit and inlet flow control valve actuator. Tubing and fittings to be stainless steel.

.5 Size hydraulic power unit(s) and actuator(s) for 125% of expected valve torque requirements.

2.5 SPARE PARTS AND MAINTENANCE MATERIALS

.1 Provide a list only of recommended spare parts and respective costs.

3 Execution

3.1 SITE INSPECTION AND FIELD TESTING

.1 Arrange for hydropower turbine and generator set inspections prior to start-up. Minimum one (1) site visit by qualified Supplier’s representative for this inspection.

.2 Arrange for Supplier’s representative to attend the site for start-up and commissioning.

.3 Demonstrate equipment performance with respect to design power output, controls and interlocks.

.4 Operate equipment for a minimum of three (3) continuous days showing compliance with performance requirements.

END OF SECTION

City of Nanaimo 16445 Contract 1358 - Request for Proposal CONTROL PANELS Energy Recovery Equipment Supply 2012-07/112853 Page 1 of 4


1 General

1.1 REQUIREMENTS

.1 This section describes the supply and installation of the switchgear power and protection panel (CP-911) and the hydropower turbine control panel (CP-921).

1.2 CONTROL SCHEME

.1 The communications block diagram, and other included drawings forming part of these specifications are a guide for the detail work of the overall control system or systems.

.2 Examine and become familiar with control and instrumentation systems based on equipment specified and equipment being supplied.

.3 Make adjustments and modifications to the systems and equipment supplied as required during shop drawing, manufacture, installation, testing, and start-up stages.

1.3 REFERENCES AND STANDARDS

.1 Design and manufacture of equipment to conform to latest editions of applicable CSA and EEMAC standards.

1.4 PROGRAMMING AND CONFIGURATION

.1 The programming and configuration of all equipment associated with the energy recovery system will be included.

1.5 SOURCE QUALITY CONTROL

.1 Manufacturer to source and integrate all components necessary for an operable energy recovery control panels.

1.6 SHOP DRAWINGS

.1 Submit shop drawings in accordance with Section 16010 – Electrical: General Requirements.

.2 Indicate:

.1 Outline dimensions of panels.

.2 Power and control schematic wiring diagrams, complete with trip ranges and settings of circuit breakers, fuses, relays, as applicable.

.3 Cable entry and exit locations.



1.7 MAINTENANCE MATERIALS

.1 Deliver specified items packaged to prevent damage.

.2 Identify on carton or package: colour, room number, system or area, and where item is to be used.

.3 For each panel, provide:

.1 Three (3) power fuses of each type in use.

.2 Five (5) control fuses of each type in use.

.3 Ten (3) pilot lamps of each type in use, including a lamp-removing tool if necessary.

.4 One (1) control relay of each type in use.

.5 One (1) time delay relay of each type in use.

.6 Two (1) relay sockets for each type of plug-in device in use.

.7 Touch-up paint, one (1) 750 ml aerosol can.

.8 Any other additional components, which the Contractor or supplier recommends to be kept as spares.

.4 Supply these maintenance materials in their original packages, clearly showing the manufacturers and catalogue or part numbers.

2 Product

2.1 GENERAL DESCRIPTION

.1 EEMAC Type 12 enclosure formed and welded from minimum 1.9 mm (14-gauge) sheet steel or non-metallic for:

.2 Continuously hinged panel door with formed edges and automotive handle and pocket for schematic drawings.

.3 Removable equipment mounting pan made from minimum 2.6 mm (12 gauge) steel.

.4 Finish light gray.

.5 Size control panel generously, to allow for future additional equipment.

.6 Utilize plastic wiring ducts such as PANDUIT for organization of all interior and field wiring. Ducts are to be filled to no more than 50% of capacity.



2.2 CONTROL REQUIREMENTS

.1 System Automation Strategy

.1 The plant control system consists of Schneider Electric SCADAPack PLC equipment. Communication from the switchgear power and protection panel (CP – 911) to the hydropower turbine control panel (CP-921) is required. Communication from the hydropower turbine control panel (CP-921) to the plant control panel (CP-901) is also required. Ethernet is to be used.

.2 Consideration will be given to one control panel that consolidates the functions of CP-911 and CP-921.

.2 As a minimum, the following communication information is required:

.1 Signals to CP-921 (Inputs)

.1 Turbine T-101 On/Off bit. When this signal is on, the generator will start operating, when off, the generator will come to a normal stop. This will also be repeated for hydro power turbines T-102 and T-103.

.2 Signals from CP-921 (Outputs)

.1 Remote Status: When the generator is in local mode, this signal will be off. When the generator is in remote mode the signal will be on. Repeat for all three hydropower turbines.

.2 Start-up Status: When the generator is starting up, this signal will be on. When it is running or off, this status will be off. Repeat for all three hydropower turbines.

.3 Running Status: When the unit is fully running, this status will be on. Repeat for all three hydropower turbines.

.4 Alarm Status: When the unit falls or has a fault, this status will be on. Repeat for all three hydropower turbines

.5 Optional Analog Signals: Speed, frequency, power output. Repeat for all three hydropower turbines

.3 Any hardwiring requirement between the Hydropower Turbine Control Panel (CP-921) and the Plant Control Panel (CP-901) will use:

.1 Discrete inputs to CP-921 will be from isolated 120 VAC rated dry contacts.

.2 Discrete outputs from CP-921 will be isolated 120 VAC rated dry contacts.

.3 Analog outputs from CP-921 will be isolated 4-20 mA signals.

.4 Switchgear and Controls

.1 Provide complete switchgear and control package to control each turbine/generator and to parallel the generator with the BC Hydro utility grid.



.2 Provide interconnection protection functions in accordance with requirements of BC Hydro 35 kV and Below Interconnection Requirements for Power Generators.

.5 Provision for a future fourth turbine/generator to be included.

3 Execution

3.1 WIRE INSTALLATION AND TERMINATIONS

.1 Clearly identify field wiring. All field wiring entering enclosures and junction boxes to be terminated on right side of terminal blocks.

.2 Run wires in plastic wiring duct wherever possible. Bundle and tie wires neatly where not run in wiring ducts and hold with fastening tabs.

.3 Self-adhesive tabs not acceptable where bundle is under strain or weight is excessive.

.4 Use insulated compression spade lugs to terminate conductors on binding head screws. Crimping die as per manufacturer's instructions.

.5 Group AC-, DC- and instrumentation wires separately from each other.

.6 Terminate drain wire of a shielded cable on a terminal block. Ground shield at control panel end, unless otherwise indicated.

3.2 CONTROLLERS

.1 Install and connect the PLC modules on the mounting pan of the control panel.

.2 Wire each I/O to a terminal block located near the rack.

3.3 COMMISSIONING AND START-UP

.1 Refer to Section 16010 – Electrical: General Requirements.

END OF SECTION

TERMS AND CONDITIONS Competency and Qualifications The successful proponent must have the necessary competence, experience, qualified personnel and equipment to carry out all aspects of the work of the Contract. The successful Proponent will employ properly licensed, trained and unimpaired workers throughout the duration of the contract. Failure to do so could result in termination. Copies of certifications may be requested by the City. Project Insurance The Owner will be putting in place “Builder’s Risk” and “Wrap Up Liability Insurance” policies for the overall project. It is recommended the successful Proponent have their own Commercial General Liability insurance to protect their interests. The City may request to be named as additionally insured. Business Licence The successful Proponent must have a current City of Nanaimo Business Licence prior to the commencement of any work. Applications can be completed online. Cost is $165.00 Canadian. WorkSafe BC It is recommended the successful Proponent provide WorkSafeBC coverage for all workers on their payroll. Cancellation The Owner reserves the right to cancel this proposal call for any reason whatsoever without stating reasons therefore. The entire process is subject to final award approval by City of Nanaimo Council or Senior Management Staff whom retains the ability to cancel the proposal process for any reason whatsoever without any compensation to anyone.

Ownership of Proposals All documents, including proposals, submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions of the Province of British Columbia’s Freedom of Information and Protection of Privacy Act. Negotiation The City reserves the right to negotiate enhancements or changes to the preferred Proposal with the Proponent. Governing Law This agreement shall be governed by the laws of the Province of British Columbia.

Assignment The Proponent shall not assign as resulting Contract to a Third Party without the City’s prior written agreement and consent.

Correspondence Both parties shall designate one person from their respective organizations to be primarily responsible for coordinating contractual and financial matters.

Invoicing The Proponent will be solely responsible for invoicing the City ensuring to include the City’s Purchase Order number on all invoices to assure timely payment. All invoices are subject to prior review and approval by the City and approved invoices will be paid on a net 30 day basis unless otherwise negotiated and agreed to in writing. If the City does not approve of the services or part of them which are the subject of the invoice, the City shall advise the Proponent in writing of the reasons for non-approval and the Proponent shall remedy at no additional cost to the City before the City shall be obliged to pay the invoice or any part of it, as the case may be.

Intellectual Property All information and data, in any form, prepared by the Proponent pusuant to this agreement, together with all designs or materials capable of intellectual property protection, prepared, developed or created by the Proponent, its employees or agents during the performance of and/or pursuant to this agreement shall automatically become the property of the City unless specifically noted otherwise in this agreement. Force Majeure (Act of God) Neither party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of Public Authority, Act of God or to any other cause beyond its control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. Should the Force Majeure event last longer than 30 calendar days, the City may terminate this Agreement immediately by written notice to the Proponent without further liability, expense, or cost of any kind. Dispute Resolution In the event of a dispute arising between the City and the Proponent as to their respective rights and obligations under the Agreement, both parties agree to resolve the dispute by:

a. Frank and open negotiations whereby both parties use their best efforts to resolve the dispute by mutual agreement including the most Senior Management of both parties.

b. If, after 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, B.C.. All costs, with the exception of legal fees, shall be borne equally.

Conflict of Interest The proponent declares that it has no financial interest, directly or indirectly in the business of any third party that would be or be seen to be a conflict of interest in carrying out the services. It warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Bidder, 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. Indemnification The Proponent shall indemnify and save harmless the City, its agents, employees and elected officials from and against any and all liability whatsoever for losses, liens, charges, claims, demands, payments, suits, actions, recoveries, and judgments including legal fees and expenses of every nature and description brought or recovered against either the City, its agents and employees, or the proponent by reason of an act,error or omission of the Proponent, its agents employees or licencees in providing the services, including, without limiting the generality of the foregoing, loss or damage to property, injury to or the death of any persons, alleged copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. Local Preference Preference shall be given to suppliers located within the Regional District of Nanaimo where quality, service, and price are equivalent. Proponents’ Expense Proponents are solely responsible for their own expenses in preparing a Proposal. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit, or any other matter whatsoever. Independent Proponent The Proponent shall be, and in all respects be deemed to be, an independent proponent and nothing in this Agreement shall be construed to mean that the Proponent is an employee of the Owner or that any agency, joint venture or partnership exists between the Proponent and the Owner. The Proponent shall be responsible for providing own CGL insurance, WorkSafe BC coverage, business licence, income tax remittance and complying with any other applicable laws and regulations applicable to an independent proponent. Non-solicitation Proponents and their agents are cautioned that solicitations of City staff, other than the identified City contact person, or members of the City Council or any Committee or Commission formed by or associated with the City during the Proposals period, or, anytime prior to award, may be

cause for rejection of the Proposal, as this will be viewed as one Proponent seeking an unfair advantage over other Proponent. Irrevocability Proposals will be irrevocable and remain open for acceptance by the City for a period of sixty (60) calendar days, after the closing time.

Withdrawal of Proposals Proposals may be withdrawn only by written notice, provided such notice is received at the Purchasing Department prior to the posted “closing date and time”. Permits and Regulations If required, the successful proponent shall, at his own expense, obtain all permits, certificates and licences required by law for the conduct of the work and shall comply with all Federal, Provincial and City Laws, Regulations and Ordinances affecting the execution of the work. Site Maintenance and Clean up The working area shall be maintained in an orderly manner and shall not be encumbered with equipment, materials or debris. Change Orders All change orders must be in writing and signed off by both parties prior to the commencement of such work. Litigation The City may, in its absolute discretion, reject a Proposal submitted by Proponent, if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in 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, Community Charter or another enactment within five years of the date of this Call for Proposals. 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 proponents and representatives and whether the City’s experience with the Proponent indicates that the City is likely to incur increased staff and legal costs in the administration of this Contract if it is awarded to the Proponent.

Minimum Rate of Pay Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401. Form of Contract The form of contract will be the City’s Request for Proposal, the successful Proponent’s response, and any other negotiated items mutually agreed to in writing. The entire agreement will be encapsulated into a City of Nanaimo Purchase Order.

RECEIPT CONFIRMATION FORM

Request for Proposals No. 1358

ENERGY RECOVERY EQUIPMENT SUPPLY & SERVICES

Closing date and time: 3:00 PM, Pacific Standard Time, August 22, 2012

As receipt of this document, and to receive any further information about this Request for Tender please

return this form to:

Attention: Kurtis Felker Manager, Purchasing & Stores

City of Nanaimo 2020 Labieux Road, Nanaimo, BC, V2T 4M7

Fax: 250.756.5327 Email: [email protected]

COMPANY NAME: ________________________________________________

STREET ADDRESS: _______________________________________________

CITY/PROVINCE: _________________________________________________

POSTAL CODE: __________________________________________________

PHONE NUMBER: ________________________________________________

FAX NUMBER: ___________________________________________________

CONTACT PERSON: ______________________________________________

EMAIL ADDRESS: ________________________________________________

SIGNATURE: ___________________________________________________________


request for proposal no. 1358 - nanaimo

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