request for tender no. 2291 issued: 9,

PURCHASING DEPARTMENT

REQUEST FOR TENDER No. 2291

Jump Creek Log Boom Replacement

ISSUED: November 29, 2018

Non-Mandatory Pre-Tender Meeting: Scheduled for December 5, 2018

Refer to clause 2.3 of this document for additional information

CLOSING LOCATION: Purchasing Department

2020 Labieux Road Nanaimo, BC

V9T 6J9

ESTABLISHED CLOSING DATE AND TIME: Tenders must be received prior to:

December 12, 2018 at or before 3:00 PM (15:00 hrs) Pacific Time

INQUIRIES: Jennifer Gal, Buyer

[email protected]

Late Submissions will not be considered

Tenders will be opened publicly after the Closing of this RFT

mailto:[email protected]

Jump Creek Log Boom Replacement REQUEST FOR TENDER No. 2291

of 48 Date Issued: November 29, 2018

Table of Contents

Introduction ............................................................................................................... 5

1.1 Project Overview .............................................................................................................. 5

1.2 Tender Submission ........................................................................................................... 5

1.3 Tender Submission Content and Requirements ............................................................... 5

1.4 Bid Security ....................................................................................................................... 5

1.5 Performance Bond ............................................................................................................ 5

1.6 Labour and Material Payment Bond ................................................................................ 5

1.7 Award ………………………………………………………………………………………………………………………….5

1.8 Definitions ......................................................................................................................... 5

Instructions to Bidders .............................................................................................. 7

2.1 Closing Date/Time/Location/Submission Formats ........................................................... 7

2.2 Signature ........................................................................................................................... 7

2.3 Non-Mandatory Pre-Tender Meeting .............................................................................. 7

2.4 Bid Validity - Revise if required ......................................................................................... 8

2.5 Vendor Performance Evaluation ...................................................................................... 8

2.6 Inquiries and Clarifications Related to this RFT ................................................................ 8

2.7 Amendment to Tenders .................................................................................................... 8

2.8 Addenda / Question and Answers .................................................................................... 8

2.9 Error in Submission ........................................................................................................... 9

2.10 Withdrawal of Tenders ..................................................................................................... 9

2.11 Ownership of Tenders / Submissions ............................................................................... 9

2.12 No Claim for Compensation ............................................................................................. 9

2.13 Conflict of Interest .......................................................................................................... 10

2.14 Solicitation of Council Members and City Staff .............................................................. 10

2.15 No Collusion .................................................................................................................... 10

2.16 Joint Submission ............................................................................................................. 10

2.17 Confidentiality and Freedom of Information ................................................................. 10

2.18 Litigation Clause .............................................................................................................. 10

2.19 Checking of Tenders ....................................................................................................... 11



2.20 Award Notifications ........................................................................................................ 11

2.21 Opening of the Tenders .................................................................................................. 11

General Terms and Conditions ................................................................................ 12

3.1 Right of the City to Cancel the RFT Process .................................................................... 12

3.2 Acceptance and Rejection of Tenders ............................................................................ 12

3.3 Project De-Scoping.......................................................................................................... 12

3.4 Process for Over Budget Event ....................................................................................... 12

3.5 Gifts and Donations ........................................................................................................ 12

3.6 Contractor Performance ................................................................................................. 13

3.7 Business Licence ............................................................................................................. 13

3.8 Invoicing and Payment ................................................................................................... 13

3.9 Performance of the Work ............................................................................................... 13

3.10 Key Personnel ................................................................................................................. 13

3.11 Notification of Award ..................................................................................................... 14

3.12 Indemnification ............................................................................................................... 14

3.13 Form of Contract ............................................................................................................. 14

3.14 Insurance ........................................................................................................................ 14

3.15 Safety / WorkSafe BC ...................................................................................................... 15

3.16 Contractor is Prime Contractor ...................................................................................... 16

3.17 Sub-Contractors ............................................................................................................. 16

3.18 Independent Contractor ................................................................................................. 17

3.19 Non-Exclusivity and Coordination of Work .................................................................... 17

3.20 Governing Law ................................................................................................................ 17

3.21 Permits and Regulations ................................................................................................. 17

3.22 Termination of Contract ................................................................................................. 17

3.23 Cancellation .................................................................................................................... 18

Project Specification ................................................................................................ 19

4.1. Scope of Work................................................................................................................. 19

4.2. Drawings and Documents ............................................................................................... 19

4.3. Jump Creek Dam – Right Anchor Upgrade ..................................................................... 19



4.4. Proposed Log Boom Sticks .............................................................................................. 19

4.5. Standard Specifications .................................................................................................. 20

4.6. Site Access ...................................................................................................................... 21

4.7. Existing Structures .......................................................................................................... 21

4.8. Lake Water Levels ........................................................................................................... 21

Attachments A to E – Tendered Drawings................................................................................. 22

Bidder’s Information Form ...................................................................................... 31

Schedule A – Bidder’s Price Form .............................................................................................. 32

Schedule B – Bidder’s Price Form Project De-scope ................................................................. 33

Schedule C - Bidder’s Sub-Contractors Form ............................................................................ 34

Appendix A - Consent of Surety ................................................................................................. 35

Appendix B - Bonds .................................................................................................................... 36

Appendix C - Prime Contractor Preconstruction Meeting Form ............................................... 40

Appendix D - Vendor Performance Evaluation .......................................................................... 44



Introduction

1.1 Project Overview The City is seeking qualified contractors for the upgrade of the log boom & anchor points at Jump Creek Dam off Nanaimo River Road, Nanaimo, B.C. as described in Project Specifications Section 4.0.

1.2 Tender Submission Submission of a Tender implies acceptance of the existing conditions of the site.

1.3 Tender Submission Content and Requirements Complete and submit the Tender Forms attached as Section 5.0. Tender Forms must be signed by an authorized person in a position to legally bind the Bidder to statements made in response to this Request for Tender.

1.4 Bid Security All Bidders are required to submit with their bid Submission

• a Bid Bond from a recognized bonding company licensed to issue bonds in the province ofBritish Columbia or a Bid Deposit submitted with the Bid Form in the form of a certifiedcheque, cash, money order, bank draft or irrevocable letter of credit for ten percent (10%) ofthe Total Tender Price; and

• a Consent of Surety from a recognized bonding company licensed to issue surety bonds in theprovince of British Columbia for a contract performance bond and a labour & materialpayment bond each for fifty percent (50%) of the Total Tender Price.

1.5 Performance BondThe successful Bidder is required to submit a Performance Bond for fifty percent (50%) of the Total Bid Price including GST. A sample form is attached in Appendix B. Failure to execute the Performance Bond will result in the City retaining the Bid Security.

1.6 Labour and Material Payment Bond The successful Bidder is required to submit the Labour and Material Payment Bond for fifty percent (50%) of the Total Bid Price including GST. A sample form is attached in Appendix B. Failure to execute the Labour and Material Payment Bond will result in the City retaining the Bid Security.

1.7 Award Acceptance by the City of the Bidder's offer is on the condition that the Bidder is in full compliance with all requirements of this RFT, is able to commence work within a mutually agreed commencement dateof a Notice to Proceed and complete the Deliverables as required by the Contract.

1.8 Definitions

The following definitions apply to the interpretation of the Bid Document;

a. “Addendum/Addenda” means a change, or addition, or correction significant enough to beformally made to this RFT within the competitive time-period. Addenda are posted on the City’s



website. b. “Bidder” means the Legal Entity, Company or Corporation providing a response to this RFT.c. “City” means the City of Nanaimo (CON) located in the Province of British Columbia.

d. “Closing Location” means the location that all bids for this RFT will be accepted at.

e. “Contract” means a legal document and any attachments that bind the City and all other partiessubject to the provisions of the Contract(s).

f. “Contractor” means the successful Bidder to this RFT who enters into a Contract with the City forthe Deliverables requested in this RFT.

g. “De-Scope Component” means a component of the Project scope, if any, that the City will deleteon the occurrence of an Over Budget Event as set out herein.

h. “Deliverables” means the goods and services described in this RFT and detailed in the attacheddocumentation.

i. “Established Closing Date and Time” means the deadline for the submission of Tenders as set outherein.

j. “Mandatory Requirements” are those requirements in this RFT described with a “must”. Failureto provide mandatory information could result in a Submission being rejected.

k. “Meeting Start Time” means the time the site meeting is scheduled to start.

l. “May” used in this document denotes permissive.

m. “Project” is the Work as defined herein.

n. “Request for Tender” (RFT) means the document issued by the City to solicit submissions toprovide goods, services or construction for the City.

o. “Shall” or “Will” or “Must” used in this document denotes imperative.

p. “Sub-Contractor/Sub-Consultant” means a legal entity approved by the City that may undertake theexecution of a part of the Work pursuant to a Contract with the Bidder, and includes both “brokers”and “Sub-Contractors”.

q. “Submission Deadline” means the deadline for the submission for Tenders as set out herein.

r. “Successful Bidder” means a Bidder whose tender submission or submissions has been acceptedby the City. Also referred to as the Contractor.

s. “Tender or Submission” Also referred to as a Bid means the bidder’s response to the RFT andincludes all the Bidder’s attachments.

t. “Work” means the total services required by the Request for Tender, as described herein.



Instructions to Bidders

2.1 Closing Date/Time/Location/Submission Formats It is the sole responsibility of the Respondent to submit their response to the Purchasing Department prior to the Established Closing Date and Time as follows:

i. By hand/courier delivery: Bidders should submit one (1) original hard copy and one (1)electronic version in MS Word/PDF format submitted on an external flash drive. The TenderMUST be enclosed and sealed in an envelope/package clearly marked: “RFT 2291 Jump CreekLog Boom Replacement; attention: Jennifer Gal” and delivered and addressed to thePurchasing Department, City of Nanaimo, 2020 Labieux Road, Nanaimo, BC V9T 6J9.

Late Tenders or Tenders received by facsimile will not be considered. In addition, Tenders delivered to an incorrect location will not be considered. Hand delivered Tenders MUST be in a sealed opaque envelope, marked on the outside with the Bidders name, title of the project and reference number.

It is the Bidder’s sole responsibility to ensure their Tender is received when, where and how it is specified in this RFT document. The City is not responsible for lost, misplaced or incorrectly delivered Submissions.

The time clock in the Purchasing Department office is the official timepiece for the receipt of all Submissions delivered by hand/courier.

2.2 Signature

The Tender must be signed by a person authorized to legally bind the Bidder to the statements made in the Response to this RFT.

2.3 Non-Mandatory Pre-Tender Meeting

A non-mandatory pre-tender site meeting is scheduled as follows:

Meeting Place: Nanaimo Lakes Road Meeting Date: December 5, 2018 Meeting Start Time: 1:00 PM sharp to approximately 2:00 PM

Bidders should meet on Nanaimo River Road approximately 6.8 kilometers west of South Forks Road (see plan in Attachment D).

Bidders should note that the Jump Creek Dam is located approximately 15 kilometers south west of the meeting point on an unpaved, gravel road. Bidders should bring a suitable vehicle with good tires and adequate under carriage clearance for the site visit. The City will not be responsible for any damage incurred to Bidders when attending the site meeting.

Completion of a sign in sheet will be required of all Bidders in attendance at the Meeting Start Time.



The site visit will give the opportunity for contractors to view the site, view typical lake water levels and the accessibility to the lake, take any measurements, and confirm specifications, and ask any other questions regarding the work.

No claims will be allowed for any misunderstanding about the terms and conditions of the Contract relating to site conditions. No adjustment to the schedule or to the Contract price will be made for difficulties encountered during the construction due to conditions, features, and peculiarities of the site that were evident at the time of the Submission Deadline.

2.4 Bid Validity - Revise if required Tender submissions must be valid for sixty (60) days.

2.5 Vendor Performance Evaluation The City may undertake a vendor evaluation process during the term of the Contract, if awarded, as per Appendix C - Vendor Performance Evaluation sample form is attached here for information.

2.6 Inquiries and Clarifications Related to this RFT

All inquiries regarding this RFT are to be directed in writing via email to the following:

Jennifer Gal, Buyer; [email protected]

All enquiries must be received no less than five (5) business days before the Established Close Date and Time. Questions received after this date will be responded to at the City’s discretion, and responses cannot be guaranteed.

Information obtained from any other source is not official and no verbal communication will modify the terms of this RFT.

Bidders are required to check the City’s website for all information up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

2.7 Amendment to Tenders

Bidders may amend their Tenders after submission provided each revision is submitted and is received at the Closing Location and before the Established Closing Date and Time.

An authorized signatory of the Bidder must sign revisions.

Revisions received after the Closing Time will not be considered or accepted.

2.8 Addenda / Question and Answers

If the City determines that an Addendum is necessary, it will be posted on the City’s website, and it shall become part in parcel of the RFT Documents.

• Questions that alter the method, pricing and or specifications of the submission will be posted


https://www.nanaimo.ca/bid-opportunities/



in the form of an Addenda, and must be signed and included with the submission. • Questions for clarification that do not alter the method and pricing of the submission will be

posted in the form of a Question and Answer document and will not require a signature or tobe returned with the submission.

Information obtained from any other source is not official and cannot be relied upon. No verbal communication will affect or modify the terms of this RFT.

Bidders are required to check the City’s website for all information issued up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

It is the responsibility of the Bidder to ensure that it has received any Addenda issued.

2.9 Error in Submission

No Submission shall be altered, amended, or withdrawn after the Established Closing Date and Time of the RFT. Negligence on the part of the Bidder in preparing their Tender confers no right for withdrawal of the Tender after it has been opened.

While the City has taken considerable efforts to ensure an accurate representation of information in each respective RFT, the information contained in the RFT is supplied solely as a guideline for the Bidder and is not necessarily comprehensive or exhaustive. Nothing in a City RFT is intended to relieve the Bidder from forming their own opinions and conclusions in respect of the matters addressed in the RFT.

2.10 Withdrawal of Tenders

The Bidder may withdraw their Tender at any time prior to the Established Closing Date and Time by submitting an email to [email protected]; subject line should be identified with the following; “RFT No. 2291 - Jump Creek Log Boom Replacement”, and thereafter the Submission will not be considered.

2.11 Ownership of Tenders / Submissions

All Tenders, including attachments and any documentation, submitted to and accepted by the City in response to this RFT become the property of the City.

2.12 No Claim for Compensation The Bidder will bear all costs associated with or incurred in the preparation and submission of the Tender.

Further to the preceding paragraph, the Bidder, by submitting a Tender acknowledges and agrees that the City will not be responsible for any costs, expenses, losses, damages (including damages for loss of anticipated profit) or liabilities incurred by the Bidder, as a result of or arising out of submitting a Tender. In addition, due to the City’s acceptance or non-acceptance of their Tender or any breach by the City of the bid Contract between the City and each of the Bidders or arising out of any Contract award not made in accordance with the express or implied terms of the RFT documents.

https://www.nanaimo.ca/bid-opportunities/




2.13 Conflict of Interest

By submitting a Tender, the Bidder 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 with an employee of the City. In addition, has no affiliation with any elected official or employee of the City or their immediate families, which may be seen by the City to create a conflict.

2.14 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 Representative named in this document or authorized by Purchasing, at any time.

2.15 No Collusion

Bidders will not discuss or communicate with one another on the preparation of their Tender. Each Bidder will ensure that its participation and that of its team members, in the RFT process is conducted without collusion or fraud. Failure to comply with this requirement may lead to disqualification without further notice or warning.

2.16 Joint Submission

In the case of joint submissions, one party must assume overall responsibility, for communications within the RFT process and be identified accordingly in the Tender, but all parties must be jointly and severally responsible for completion of any resulting Contract.

2.17 Confidentiality and Freedom of Information

All Submissions are subject to the Freedom of Information and Protection of Privacy Act (FIPPA). Bidders shall clearly identify any specific information and/or records that it provides in their Submission that constitute a trade secret, is supplied in confidence; and, the release of which could significantly harm its competitive position.

Bidders 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.

2.18 Litigation Clause

The City may at its sole 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 years of the date of this Request forTender.

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. In addition to work with 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.

2.19 Checking of Tenders Bids will be opened and checked by the City to ensure that:

a. All Bids submitted comply with the terms and conditions of the Bid Documents;b. The required Bid security is provided and properly executed;c. All arithmetic extension calculations are correct;

Where there is an obvious error in extensions, additions or computations, the City shall be entitledto correct such errors based on the unit prices supplied, and the corrected total shall beconsidered as representing the intention of the Bidder, and shall be used as the basis forcomparison of Bids. For greater certainty, any failure by a Bidder to insert a unit price whererequired shall be deemed to be a $ 0.00 value;

d. All items as specified have been bid on; ande. No claims or litigation proceedings have been instituted by the Bidder against the City, or in turn

by the City against the Bidder.

2.20 Award Notifications The successful Bidder will be notified in writing and required contractual obligations will need to be fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for results of the opportunity as unsuccessful Bidders will not be notified.

2.21 Opening of the Tenders

There will be a public opening for this RFT.



General Terms and Conditions

3.1 Right of the City to Cancel the RFT Process

The City is not bound to select a Bidder or accept any Submission and reserves the right in its sole discretion to postpone or cancel this RFT process at any time for any reason whatsoever at the sole discretion of the City. The City reserves the right to cancel this RFT if all Submissions are over budget.

3.2 Acceptance and Rejection of Tenders

The City reserves the right to: a. Assess the ability of the Bidder to perform the contract and may reject any Tender where, in the

City’s sole estimation, the personnel and/or resources of the Bidder are insufficient;b. In the event of an obvious uneven bid, the City reserves the right to attain clarification from the

Bidder;c. Reduce the Scope of Services required within the RFT and adjust the price to reflect such change

after award of a Contract.

The City may accept or waive a minor and inconsequential irregularity, or where applicable to do so, the City may, as a condition of acceptance of the Tender; request a Bidder to correct a minor or inconsequential irregularity with no change in the Tender.

The determination of what is or is not a minor bid irregularity, the determination of whether to accept, waive, or require correction of an irregularity and the final determination of the validity, will be the sole discretion of the City.

3.3 Project De-Scoping

In the event Bids exceed the value of the estimated budget, the City reserves the right to conduct a de-scoping exercise whereby the component(s) identified in Schedule A - Bidder’s Price Form will be removed from the scope of the award and Bids will be re-ranked based on the revised grand total Tender Price of each Bid.

3.4 Process for Over Budget Event

If the City must in accordance with the clause above, carry out a Project De-scoping, the City will revise the Bid ranking based on the grand total Tender Price of each Bid taking into account the applicable De-scoping Price Adjustment(s) reflected in each Bidders Submission. The City will carry out the De-scoping exercise using only those components identified in Schedule B - Bidder’s Price Form Project De-scope.

3.5 Gifts and Donations

The Successful Bidder will ensure that no representative of the Successful Bidder will offer or extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any employee of the City. The Successful Bidder will report any attempt by any employee of The City to obtain such favours to the City of Nanaimo’s Chief Administrative Officer.



3.6 Contractor Performance

The Contractor will be evaluated on their performance throughout the term of this Agreement. Contractors 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 Contractor’s performance. If the Contractor fails to create or implement the corrective action plan or if the Contractor’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 Contractor from future bidding opportunities.

3.7 Business Licence

The Contractor shall obtain and maintain a City of Nanaimo Business License or an Inter-Community Business License for the duration of the Contract. Failure to verify possession of a valid Business License is cause for Contract cancellation.

3.8 Invoicing and Payment

Invoices should be sent to the City’s Accounts Payable Department at the following email address; [email protected] and should include as a minimum:

a. Purchase Order number;b. Contract Document Number, if applicable;c. City contact full name (first and last);d. Applicable taxes shown as a separate line item

Payment term is Net (30) days from receipt of an accurate invoice. Electronic Funds Transfer (EFT) is the preferred method of payment. EFT is a direct deposit into the Contractor’s bank account.

The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing without penalty.

No payment for extras shall be made by the City, unless the City’s designated project Manager authorizes such extras.

3.9 Performance of the Work

The Contractor must perform all Work in accordance with all the terms and conditions of the Contract, in accordance with all applicable Law, and in accordance with best industry practice.

3.10 Key Personnel

The City may require the Contractor to submit to the City a list of Key Personnel (inclusive of Sub-Contractors), which the Contractor is proposing for performance of the Work.




If the Contractor’s list of its proposed Key Personnel has been approved by the City, the Contractor must not make any substitution of the approved Key Personnel without prior written consent of the City. The City’s consent must not be reasonably withheld however, the Contractor’s substitute must be of equivalent experience or qualifications or both.

3.11 Notification of Award

The Successful Bidder will be notified in writing and the required contractual obligations will need to be fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for results of the opportunity as unsuccessful Bidders will not be notified in writing.

3.12 Indemnification

The Contractor shall indemnify and save harmless the City and its Council Members, officers, servants, employees, volunteers and agents from and against all claims, demands, proceedings, suits, losses, damages, costs and expenses of whatsoever kind or nature (including, but not limiting the generality of the foregoing, in respect of death, injury, loss or damage to any person or property). Where the same or any of them are based upon or arising in any way out of or connected with this RFT document, except to the proportionate extent that such actions, claims, demands, proceedings, suits, losses, damages, costs and expenses were caused by the indemnified parties or any of them.

3.13 Form of Contract

The Contract Documents include and consist of:

This RFT document, including any Addenda and attachments as issued by the City; The Bidder’s submission, as accepted by the City; Insurance as described herein; WorkSafe WCB; The City of Nanaimo Business License or Inter-Community Business License; City’s Purchase Order; and May contain other documentation not mention herein, as mutually agreeable.

3.14 Insurance

The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain throughout the Contract term 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. The policy shall include The City of Nanaimo as an additional insured in respect of all operations performed by or on behalf of the Contractor.

Commercial General Liability Insurance in an amount not less than two million ($2,000,000) inclusive per occurrence against bodily injury, personal injury and property damage and including liability assumed under this Contract and this insurance must:



a. Include the City of Nanaimo as an additional insured;b. Include a cross liability or severability of interest clause;c. Completed operations;d. Contractual liability clause;e. Personal Injury and Property Damage sections are to provide coverage on an "occurrence basis";f. Contractors’ Equipment coverage;g. Be endorsed to provide the City of Nanaimo with (30) days advance written notice of

cancellation or material change;

Automobile Liability Insurance covering both owned and non-owned automotive vehicles. This policy shall be written with a minimum two million ($2,000,000) inclusive and shall provide coverage for this amount against legal liability for bodily injury or death or damage to property of others and passenger hazard.

All insurance must be primary; and not require the sharing of any loss by an insurer of the City.

If the insurance policy(ies) expire before the end of the term of this Contract, the Contractor must provide within ten (10) working days of expiration, evidence of new or renewal policy(ies) of all expired insurance in a form acceptable to the City.

The Contractor shall provide, maintain, and pay for, any additional insurance which is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this section in its sole discretion.

The Contractor shall place and maintain, or cause any of its Sub-Contractors 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 property.

It is the responsibility of the Successful Bidder to supply valid insurance certifications to cover the project Work schedule and or term of Contract.

3.15 Safety / WorkSafe BC

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 Contract. The Contractor agrees and shall:

i. Provide at its own expense the necessary WorkSafe BC compensation coverage for all itemployees and partners employed or engaged in the execution of the Work;

ii. Remain current with all assessment reporting and payments due there under and shallcomply in every respect with the requirements of the Workers’ Compensation Act andRegulations; and

iii. Be solely responsible for ensuring all Sub-Contractors have proper Work Safe BC coverage.



The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto.

The Contractor understands and undertakes to comply with all of the Workers' Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Safety Data Sheets (SDS)" will be shipped along with the Goods and any future SDS updates will be forwarded.

3.16 Contractor is Prime Contractor

The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder must also understand the general duties of the Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Bidder must have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.

Prime Contractor information is included in:

Appendix C - Prime Contractor Preconstruction Meeting Form

3.17 Sub-Contractors

Contractors who are using Sub-Contractors are to use only the Sub-Contractors listed in Schedule B and the Contractor will not add or remove any such listed Sub-Contractors from the Work without prior written approval from the City’s designate.

Where there are Sub-Contractors to be employed throughout the term of this Contract, then: a. The Contractor will bind all Sub-Contractors to the terms of the Contract, as applicable to the

Sub-Contractors Work.b. The Contractor will preserve and protect the rights of the City with respect to any Work

performed under Sub-Contract and incorporate the terms and conditions of this Contract intoall sub-contracts as necessary to preserve the rights of the City under this Contract.

c. The Contractor shall require each of its Sub-Contractors to provide comparable insurance tothat set forth herein.

d. The Sub-Contractor must comply with all conditions and safety regulations of WorkSafe BCand must be in good standing and must maintain this standing throughout the term of theContract.

e. All Sub-Contractors are the responsibility of the Contractor.f. The Contractor will be as fully responsible to the City for acts and omissions of Sub-Contractors

and of persons directly or indirectly employed by them as for acts and omissions of personsdirectly employed by the Contractor.



3.18 Independent Contractor

The Contractor, their Sub-Contractors, the officers, directors, shareholders, partners, personnel, affiliates and agents of the Contractor and Sub-Contractors are not, nor are they to be deemed to be partners, appointees, employees or agents of the City.

3.19 Non-Exclusivity and Coordination of Work

The City may enter into other agreements with other Contractors in connection with the Project. If the City does enter into such additional agreements, the Contractor must coordinate the performance of its Work with the work of the other Contractors.

3.20 Governing Law

The laws of the Province of British Columbia shall govern this Contract.

3.21 Permits and Regulations

In carrying out its obligations of the Contract, the Contractor shall comply with all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law.

The Contractor must obtain and pay for all permits and licenses required to enable the Contractor to do all things necessary to perform the contract according to the provisions of the Contract.

3.22 Termination of Contract

The City reserves the right, at its sole discretion, to terminate the agreement, in whole or in part, if the Successful Bidder receives three (3) written notices for any one or more of the following reasons:

Failure to deliver the promised Services at the required time and location; or Failure to provide qualified personnel to perform the Services; or Failure to provide satisfactory Work; or Fails to meet the City’s standard of expected and agreed level of Services and

performance; or Performing unsafe acts while on City property that could pose a threat to the safety of the

City Staff or Public: Safety infractions; or Places unknown Personnel, Sub-Contractor or assignment of the Services to others; or Is found to be in default or arrears standing at WorkSafe BC; or Fails to provide the necessary insurance or if the required insurance lapses; expired

insurance (CGL or Auto); or Expired business license; or



Any other reason considered appropriate, at the sole discretion of the City.

Upon termination of the Contract, the City will be under no further obligation to the Successful Bidder, except to pay to any outstanding amounts that the Successful Bidder may be entitled to receive up to the date of termination. Such termination will not result in any penalty to the City.

3.23 Cancellation

The Contract may be cancelled by either party for any reason without cause or penalty upon thirty (30) calendar day’s written notice.



Project Specification

4.1. Scope of Work All work shall be in accordance with the Specifications as described herein.

The documents contained in the Attachments A to E and this Section 4.0 make up the entire scope of the Project:

Attachments A to E - Issued for Tender Drawings:

• Attachment A - Jump Creek Dam Right Anchor Upgrade• Attachment B - Log Boom Stick Insert• Attachment C - Photographs• Attachment D - Site Meeting Point• Attachment E - Log Boom and Anchor Point Details

4.2. Drawings and Documents The Contractor must maintain at the Project Site:

a. One hard copy of all Drawings, Technical Specifications and Change Orders, and any othermodifications in good order and marked to the current date to indicate any changes or revisions andselections made during the performance of the Work; and

b. One copy of Product Data, Samples and other similar documentation reflecting the Work asconstructed;

All if which must be made available to the City throughout the Contract and must be delivered to the City prior to construction completion

4.3. Jump Creek Dam – Right Anchor Upgrade The existing right anchor at Jump Creek dam is to be upgraded with additional loading added. This is to be constructed out of four (4) lock blocks (5ft x 2.5ft x 2.5ft) tied together with galvanized chain and connected to the existing reinforced concrete right anchor located in treed area south of the existing spillway (see photograph in Attachment A) with shackles.

Additional materials needed:

• ¾” diameter galvanized chain that comes with ¾” Crosby G-213 shackles at ends• large shackle to connect ¾” chains to 1½”anchor point

4.4. Proposed Log Boom Sticks The scope of work to be carried out for the replacement of the log boom sticks is included in the lump sum generally consists of, but is not necessarily limited to, the following:

a) Mobilization of equipment;b) Removal and disposal off site all of the existing log boom sticks;c) Removal and disposal off site all of the existing ring and toggle chains;



d) Removal and disposal off site all of the existing wire rope;e) Fabrication, supply and delivery of sixty eight (68) galvanized steel inserts to protect the

ends of the new log boom sticks;f) Supply, delivery and installation of ten (10) Douglas fir log boom sticks (610mm

[24inches] diameter [with a maximum taper +/-100mm (4inches) over length] and fortyfeet long in length (40 feet [12.2metres]). Logs shall be peeled, sound and straight overfull length. No crooks or sweeps will be accepted;

g) Supply, delivery and installation of two (2) Douglas fir log boom sticks (610mm [24inches] diameter [with a maximum taper +/-100mm (4inches) over length] and twenty feet longin length (20 feet [6.1metres]). Logs shall be peeled, sound and straight over full length.No crooks or sweeps will be accepted;

h) Bore new holes at the end of each new log boom stick (a minimum of 500mm from theend of each log) and installation of sixty eight (68) hot dipped galvanized (afterfabrication) steel inserts for chain connection points secured in place with 200mm longgalvanised ardox nails;

i) Supply, delivery and installation of 233 metres long, ¾” diameter galvanized fibrecore6x19 wire rope. This continuous cable (shore anchor A to shore anchor C) will connectall log boom sticks together. Additional chains will be required to connect log boom sticksto each anchor point. Turn back at ‘dead’ ends of ¾” diameter galvanized fibrecore 6x19wire rope to be a minimum of 460mm (18 inches) long;

j) Supply, delivery and installation of other hardware e.g. wire rope turnbacks – 8no. - ¾”galvanised G-213 crosby cable clamps, 2no. - ¾” galvanised G-414 crosby thimbles,connections of wire rope to log sticks - staples (min. 4 no. staples/log ½” x 8 inches long),crosby G-213 shackles (¾” and 1¼” size), additional ¾” diameter galvanized fibrecore6x19 wire rope and chains (¾” size). 19mm galvanized chains to connect the end of eachlog boom stick to anchor A and anchor C respectively. Larger shackles are required toconnect 19mm chains from anchor A to anchor B and to connect 19mm chains to anchorC. All bolts, washers and nuts shall be galvanized and conform to ASTM A307;

k) All new boom sticks are to be connected together with 19mm galvanized chains;l) Install slack chains after the primary cable connection has been made. Ensure the slack

chains are not loaded under normal conditions. Additional chain and shackles will berequired to connect log boom sticks to each anchor point; and

m) Demobilization of equipment

Include the following in the lump sum:

a) Supply, delivery and installation of materials; andb) Co-ordination with all suppliers and sub-contracted trades

4.5. Standard Specifications

The 11th edition (dated November 2016) of the City of Nanaimo Manual of Engineering Standards and Specifications and Measurement and Payment clauses shall apply to this project. https://www.nanaimo.ca/doing-business/doing-business-with-the-city/manual-of-engineering-standards-and-specifications

https://www.nanaimo.ca/doing-business/doing-business-with-the-city/manual-of-engineering-standards-and-specifications

https://www.nanaimo.ca/doing-business/doing-business-with-the-city/manual-of-engineering-standards-and-specifications



4.6. Site Access The construction site is located in the City’s watershed located approximately 15 kilometers off Nanaimo River Road in a forested area privately owned by Island Timberlands, and Bidders are advised to consider the following:

1. Access to the site is restricted at all times. There are numerous locked gates to pass through;2. The City will escort the contractor to the work site at the beginning and end of each working

day.;3. Access leading to the right anchor point is along a heavily treed trail (approximately); thirty-

eight (38) metres from the lake boat access road. The contractor will have to provide the Citywith a work plan as to how they intend to upgrade the existing anchor point to minimize damage to surrounding trees. This plan should include the plant and machinery to be used, theapproximate quantities of materials required in addition to the approximate number of trees tobe harvested.

4. All Bidders should note that the site does not have any running water or power.5. Washroom facilities are provided and MUST be used.

4.7. Existing Structures Bidders are advised to use extreme caution when working near the dam main spillway. Contractors should take precautions to complete construction activities in a manner that will not cause any damage to the existing spillway or gates. Any damages incurred shall be repaired at the Contractor’s expense.

4.8. Lake Water Levels

The optimum (high) lake water level typically occurs annually between 1st May and 10th July when the dam spillway gates are raised to their maximum height of 2 metres (6 feet 6 inches).

Typically the spillway gates are raised to capture snowpack melt run off and springtime rainfall at the end of February or the beginning of March, however the timing of this operation is weather dependant.

When the lake water level is at or just below the spillway crest, the existing concrete anchor point B protrudes approximately 300mm above the lake water level.

Construction of the new log boom may be difficult when the lake water level falls below the spillway crest as the lake water level will dictate the length of wire rope and chains required for the log boom sag.

4.9 Lakeside Communications

There is NO cell phone reception in the watershed at Jump Creek lakeside. Cell phone reception is very restricted but is partly available at one location or by travelling back out of the watershed to the Nanaimo River Road.

________________________________________ Attachments A to D – Tendered Drawings

Jump Creek Log Boom Replacement RFT No. 2291 Page 1 - 8

Dated October 2018

ATTACHMENT A – JUMP CREEK DAM RIGHT ANCHOR UPGRADE



Dated October 2018

ATTACHMENT B – LOG BOOM STI



Dated October 2018

ATTACHMENT C – PHOTOGRAPHS

Jump Creek Dam – existing two log booms and upper left anchor

Jump Creek Dam – existing lower left anchor (to be connected to upper left anchor)



Dated October 2018

Example of log boom stick galvanized steel insert

Jump Creek Dam - existing right anchor (to be upgraded with lock blocks)



Dated October 2018

Jump Creek Dam – existing double boom looking towards spillway

Corroded log boom stick and work ring & toggle chain



Dated October 2018

Typical log boom stick ring and toggle connection



Dated October 2018

(Looking northeast towards the anchor point from the boat ramp)

(Looking southwest from the right anchor point towards the lake boat ramp access)



Dated October 2018

ATTACHMENT D – SITE MEETING POINT – LOCATION PLAN

Site meeting point – Nanaimo Lakes Road (6.8km west of South Fork Road)

South Forks Road

Nanaimo River Road

Meeting point 6.8km from South Forks Road

Date

Reference data

No. By Revisions Eng.

Drawn by

Approved by

Checked by

Design by

Consult.Dwg

Dwg No.

Eng File No.

Scale

Horiz.

Sheet of

Vert.

Title

Project

T H E H A R B O U R C I T Y

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21 N

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2018

11.21.2018

Date

Seal

JUMP CREEK DAM LOG BOOM & ANCHOR POINT UPGRADE

LOG BOOM AND ANCHOR POINT DETAILS

NTS NTS

11

1

ECW 16 NOV 2018

1 DATE BY REVISION ENG

I S S U E D F O R

T E N D E R

GENERAL NOTES:

1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH CITY OF NANAIMO MANUAL OF

ENGINEERING STANDARDS AND SPECIFICATIONS (MoESS).

2. NO EXISTING UTILITIES ARE KNOWN ON SITE. HOWEVER THIS SHOULD BE CONFIRMED BY USE

OF A PIPE LOCATOR AND MANUAL DIGGING PRIOR TO ANY EXCAVATION. ALL OR ANY

STRUCTURES NOT NECESSARILY SHOWN.

3. COORDINATES ARE GROUND LEVEL (UTM NAD 83 WITH COMBINED SCALE FACTOR OF

1/0.99965) AND ALL ELEVATIONS ARE TO GEODETIC DATUM.

4. ANY ALTERNATIVES TO SPECIFIED MATERIALS OR APPURTENANCES TO BE APPROVED BY

THE CITY ENGINEER PRIOR TO CONSTRUCTION.

5. THE LOCATIONS OF EXISTING BOOMS ARE APPROXIMATE AND SHALL BE CONFIRMED IN THE

FIELD BY THE CONTRACTOR PRIOR TO CONSTRUCTION.

6. ALL EXISTING BOOM STICKS, METAL CHAINS AND WIRE ROPE ARE TO BE REMOVED FROM THE

LAKE AND TRANSPORTED OUTSIDE OF THE WATERSHED AND DISPOSED OF.

7. NEW BOOM LOGS SHALL BE DOUGLAS FIR, 6.1m (20ft) & 12.2m (40ft) LONG, BUTT ENDS 610mm

(+/- 50mm) DIAMETER, WITH A MAXIMUM TAPER OF 100mm OVER LENGTH. LOGS SHALL BE

PEELED, SOUND AND STRAIGHT OVER FULL LENGTH, NO CROOKS OR SWEEPS WILL BE

ACCEPTED.

8. ALL HOLES DRILLED THROUGH LOGS SHALL BE A MINIMUM OF 500mm FROM THE END OF EACH

LOG.

9. STEEL PLATES SHALL BE MANUFACTURED AS PER PLATE INSERT DETAIL AND ALL STEEL

PLATES AND PIPE SHALL BE HOT DIPPED GALVANIZED.

10. 2 - 6.1m (END BOOM STICKS) AND 15 - 12.2m LONG SECTIONS SHALL BE ASSEMBLED FOR THE

BOOM.

11. EACH END BOOM STICK (6.1m LONG) SHALL BE ATTACHED TO THE ANCHOR POINTS A AND C

USING 19mm CHAINS AND SHACKLES.

12. ALL BOOM STICKS SHALL BE ATTACHED TOGETHER USING 19mm CHAINS AND 32mm

SHACKLES.

13. ALL BOOM STICKS SHALL BE ATTACHED TOGETHER AND TO ANCHOR POINT A AND ANCHOR

POINT C USING 19MM (

3

4

" inch) DIAMETER GALVANIZED FIBRECORE 6x19 WIRE ROPE. THIS WIRE

ROPE SHALL BE ATTACHED TO EACH LOG USING STAPLES.

14. WIRE ROPE TURN BACK 'DEAD ENDS' SHALL BE CONSTRUCTED AS PER TURN BACK DETAIL.

15. ANCHOR POINT A AND ANCHOR POINT B SHALL BE CONNECTED TOGETHER USING 19MM (

3

4

"

inch) DIAMETER GALVANIZED CHAINS AND SHACKLES.

16. INSTALL SLACK CHAINS AFTER THE PRIMARY CABLE CONNECTION HAS BEEN MADE. ENSURE

THE SLACK CHAINS ARE NOT LOADED UNDER NORMAL CONDITIONS.

17. ONE OF THE EXISTING LOG BOOMS MUST REMAIN IN PLACE DURING THE CONSTRUCTION OF

THE NEW LOG BOOM TO PROTECT THE DAM SPILLWAY.

18. THE DISTANCE BETWEEN THE ANCHOR POINT B AND ANCHOR POINT C IS APPROXIMATELY

196m.

19. THE DISTANCE BETWEEN THE ANCHOR POINT A AND ANCHOR POINT B IS APPROXIMATELY

14.5m.

20. ALL DISTURBED SURFACES TO BE RESTORED TO EXISTING CONDITION OR BETTER.

UPGRADE EXISTING REINFORCED

CONCRETE ANCHOR POINT C

WITH LOCK BLOCKS (AS PER

SECTION A IN PROPOSED

ANCHOR POINT C UPGRADE)

REMOVE EXISTING LOG

BOOM STICKS AND

CHAINS

CONNECT ANCHOR POINT B TO

ANCHOR POINT A WITH A TAUT

19mm (

3

4

" INCH) GALVANIZED

CHAIN. CONNECTIONS TO

EACH ANCHOR SHOULD BE

MADE USING SHACKLES.

INSTALL NEW LOG BOOM

STICKS (12.2m OR 40' LONG)

AND CONNECT TOGETHER WITH

NEW 19mm CHAINS AND 32mm

(1

1

4

" INCH) SHACKLES.

REMOVE

EXISTING LOG

BOOM STICKS

AND CHAINS

INSTALL ONE NEW LOG BOOM

STICK (6.1m OR 20ft LONG)

AND CONNECT TO THE

EXISTING ANCHOR POINT C

WITH 19mm (

3

4

" INCH)

GALVANIZED CHAIN (APPROX.

15m) USING SHACKLES.

ADDITIONAL STICKS (12.2m)

SHALL BE CONNECTED

TOGETHER WITH NEW 19mm

CHAINS AND 32mm (1

1

4

" INCH

SHACKLES)

INSTALL ONE NEW LOG BOOM

STICK (6.1m OR 20ft LONG)

AND CONNECT TO EXISTING

ANCHOR POINT A WITH 19mm

(

3

4

" INCH) GALVANIZED CHAIN

(APPROX. 8m) USING

SHACKLES. ADDITIONAL

STICKS (12.2m) SHALL BE

CONNECTED TOGETHER

WITH NEW 19mm CHAINS AND

32mm (1

1

4

" INCH) SHACKLES.

CONNECT ALL BOOM STICKS

TOGETHER WITH CONTINUOUS

WIRE ROPE (FROM ANCHOR

POINT C) AND CONNECT TO

EXISTING ANCHOR POINT A

CONNECT ALL BOOM STICKS

TOGETHER WITH

CONTINUOUS WIRE ROPE AND

CONNECT TO EXISTING

ANCHOR POINT C.

EXISTING CONCRETE ANCHOR POINT A.

EXISTING REINFORCED CONCRETE ANCHOR POINT C.

EXISTING REINFORCED CONCRETE ANCHOR POINT B.

19mm DIAMETER WIRE ROPE

4 - 19mm DIAMETER CROSBY CLIPS

(equally spaced)

CROSBY G-414

GALVANIZED THIMBLE

SCALE: NTS

PLATE INSERT DETAIL

SCALE: NTS

PROPOSED ANCHOR POINT-C UPGRADE

SCALE: NTS

TYPICAL TURN BACK DETAIL

SCALE: NTS

GENERAL ARRANGEMENT - PLAN VIEW

460mm minimum

EXISTING

ANCHOR

POINT C.

EXISTING

ANCHOR

POINT A.

EXISTING

ANCHOR

POINT B.

ANCHOR POINT B AND C

38mm (1

1

2

" inch) DIAMETER

STAINLESS STEEL

ATTACHMENT E - LOG BOOM AND ANCHOR POINT DETAILS

NUT TORQUE 130 FT/LBS



Bidder’s Information Form Bidders must complete this form and include with the Tender Submission. Please ensure all information is in ink and legible.

1. Company’s Legal Name

2. Bidder’s Main Contact Individual

3. Address (include postal code)

4. Office Phone #

5. Cellular #

6. Email address

Signature: _________________________________________________________________________

Print Name: __________________________________________ Date _____________________

Note: All forms that require a signature must be signed by a person authorized to legally bind the Bidder to statements made in response to this RFT.

The Bidder hereby acknowledges that:

1. it understands and agrees with the RFT process as described in this RFT; and, in addition; and2. verifies the information included in the Tender is correct, and it has thoroughly reviewed, andhas complied with the documents making up their Tender, including all specifications as may belisted in the index, and any addenda; signed and included with the submission, or questions andanswers as posted



Schedule A – Bidder’s Price Form Lump Sum Price Contract. Lump Sum Price includes the Contractor’s labour, mobilization, demobilization, material, equipment, supply, delivery and installation of materials, overhead and profit, all taxes and duties, inspections including the co-ordination with all suppliers and sub-contracted trades.

Item of work Lump Sum

Mobilization & Demobilization (including site safety) $ Old log boom sticks (removal and disposal of existing log boom sticks, 40 feet long and all associated hardware i.e. chains, wire rope, cable clamps, staples & shackles) $ New log boom sticks Supply, delivery and installation of 17 new (scaled without bark) log boom sticks (including hole drilling at either end of each stick) $ Supplemental upgrade of right boom anchor point and connection of existing left anchor points (Including materials - lock blocks, chains, wire rope and shackles and equipment required to access the anchor point) $ Hardware to connect log boom sticks together (including materials - chains, shackles, 68 steel inserts and nails and equipment required to facilitate the work) $

Connection of right and left anchors with continuous wire rope including connection to the log boom sticks (Including materials - wire rope, chains, staples, thimbles, cable clamps and shackles and equipment required to facilitate the work)

$ LUMP SUM SUBTOTAL $

GST (5%) $

TOTAL LUMP SUM PRICE $ Submissions that contain prices which appear to be so unbalanced as likely to adversely affect the interests of the City may be rejected.

The Bidder warrants and represents that it has substantial and significant experience to undertake the Work, as described herein. In addition the Bidder possesses the competence, skill, experience and expertise required to carry out the Work, as described herein. The Bidder acknowledges that they have all necessary information required to prepare a submission to this Tender.

I/We have the authority to sign on behalf of the Bidder and to bind the Bidder to statements made in response to this RFT.

__________________ _________________ Company name Representative initial



Schedule B – Bidder’s Price Form Project De-scope In the event Bids exceed the value of the estimated budget, the City reserves the right to conduct a de-scoping exercise whereby the Supplemental upgrade of the right boom anchor point and connection of existing left anchor points will be removed from the scope of the award and Bids will be re-ranked based on the revised grand total Tender Price of each Bid after the deduction of the Supplemental upgrade of right boom anchor point and connection of existing left anchor points listed below has been applied.

Lump Sum Price Contract. Lump Sum Price includes the Contractor’s labour, mobilization, demobilization, material, equipment, supply, delivery and installation of materials, overhead and profit, all taxes and duties, inspections including the co-ordination with all suppliers and sub-contracted trades.

Item of work Lump Sum

Mobilization & Demobilization (including site safety) $

Old log boom sticks (removal and disposal of existing log boom sticks 40 feet long and all associated hardware i.e. chains, wire rope, cable clamps, staples & shackles)

$

New log boom sticks Supply, delivery and installation of 17 new (scaled without bark) log boom sticks (including hole drilling at either end of each stick)

$

Hardware to connect log boom sticks together (including materials – chains, shackles, 68 steel inserts and nails and equipment required to facilitate the work)

$

Connection of right and left anchors with continuous wire rope including connection to the log boom sticks (Including materials - wire rope, chains, staples, thimbles, cable clamps and shackles and equipment required to facilitate the work)

$

LUMP SUM SUBTOTAL $ GST (5%) $

TOTAL LUMP SUM PRICE $

Submissions that contain prices which appear to be so unbalanced as likely to adversely affect the interests of the City may be rejected.

The Bidder warrants and represents that it has substantial and significant experience to undertake the Work, as described herein. In addition the Bidder possesses the competence, skill, experience and expertise required to carry out the Work, as described herein. The Bidder acknowledges that they have all necessary information required to prepare a submission to this Tender.

I/We have the authority to sign on behalf of the Bidder and to bind the Bidder to statements made in response to this RFT.

__________________ _________________ Company name Representative initial



Schedule C - Bidder’s Sub-Contractors Form The Bidder intends to use the following Sub-Contractors for the portions of the Work identified below. All Sub-Contractors who will perform any portion of the Work should be listed. The City expects that the Bidder will engage only the listed Sub-Contractors and no others, without prior written authorization of the City’s designated project Manager.

Sub-Contractor Address Type of Work

CONSENT OF SURETY COMPANY

We, the undersigned Surety Company, do hereby consent and agree to become bound as guarantor in a Performance Bond in the amount of fifty percent (50%) of the total tender for the fulfillment of the Contract, with as principal for the works specified in the Contract Documents entitled

which Contract may be awarded within sixty (60) days from the closing date of tenders to at the price(s) set forth in the tender. The Bonds shall be issued in the form and manner specified within the Contract Documents.

We hereby further declare that our Company is licensed to conduct business in the province or territory wherein the work is located and has a net worth greater than the amount of the required guarantee.

________________________________ Surety Company

________________________________ Signature for Surety Company

________________________________ Title

PLACE __________________________

DATE: __________________________

Appendix A - Consent of Surety

The City of Nanaimo Page 1 of 4 Date Issued: November 29, 2018

BID BOND No. $

Know All Men by These Presents That as Principal

hereinafter called the Principal, and a corporation created and existing under the laws of

, and duly authorized to transact the business of Suretyship in , as Surety, hereinafter called the Surety, are held and firmly bound unto

as Obligee, hereinafter called the Obligee, in the amount of

Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents

Whereas, the Principal has submitted a written tender to the Obligee, dated the day of 20__ , for

Now, Therefore, the Condition of This Obligation is such that if the aforesaid Principal shallhave the tender accepted within sixty (60) days from the closing date of tender and the said Principal will within the time required, enter into a formal contract and give the specified security to secure the performance of the terms and conditions of the Contract, then this obligation shall be null and void; otherwise the Principal and the Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former.

The Principal and the Surety shall be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of six months from the date of this Bond.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20__

Signed and Sealed ( (SEAL) In the presence of (

( (SEAL) (( (SEAL)

Endorsed by

The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Canadian Construction Association The Engineering Institute of Canada The Specification Writers Association of Canada

Approved by Insurance Bureau of Canada ___________________________________

Attorney-in-fact

Appendix B - Bonds


LABOUR AND MATERIAL PAYMENT BOND (Trustee Form)

No. $ NOTE: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned by the full and faithful

performance of the Contract.


hereinafter called the Principal, and a corporation created and existing under the laws of , and duly authorized to transact the business of Suretyship in

, as Surety, hereinafter called the Surety, are held and firmly bound unto

as Trustee, hereinafter called the Obligee, for the use and benefit of the Claimants, their and each of their heirs, executors, administrators, successors and assigns in the amount of

($ )of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has entered into a written contract with the Obligee, dated the day of 20__ , for

which contract, Specifications & Drawings are by reference made a part hereof, and is hereinafter referred to as the Contract.

No, Therefore, the Condition of This Obligation is such that if the Principal shall make payment to allClaimants for all labour and material used or reasonably required for use in the performance of the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

(1) A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour,material, or both, used or reasonably required for use in the performance of the Contract, labour and materialbeing construed to include that part of water, gas power, light, heat, oil, gasoline, telephone service or rentalequipment directly applicable to the Contract provided that a person, firm or cooperation who rents equipment tothe Principal to be used in the performance of the Contract under a contract which provides that all or any part ofthe rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of theprevailing industrial rental value of such equipment for the period during which the equipment was used in theperformance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar asit is practical to do so, in accordance with and in the manner provided for in the latest revised edition of thepublication of the Canadian Construction Association titled "Rental Rates on Contractors' Equipment" publishedprior to the period during which the equipment was used in the performance of the Contract.

(2) The Principal, and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimantwho has not been paid as provided for under the terms of his contract with the Principal, before the expiration ofa period of ninety (90) days after the date on which the last of such Claimant's work or labour was done orperformed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for,sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to suchClaimant under the terms of his contract with the Principal and have execution thereon. Provided, that theObligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants,or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the nameof the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding shallbe taken on the understanding and basis that the Claimants, or any of them, who take such act, action orproceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilitiesincurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that,subject to the foregoing terms and conditions, the Claimants, or any of them, may use the name of the Obligee tosue on and enforce the provisions of this Bond.


(3) No suit or action shall be commenced hereunder by any Claimant:

(a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of thePrincipal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such noticeshall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at anyplace where an office is regularly maintained for the transaction of business by such person or served in anymanner in which legal process may be served in the Province or other part of Canada in which the subjectmatter of the Contract is located. Such notice shall be given

(1) in respect of any claim for the amount or any portion thereof required to be held back from theClaimant by the Principal, under either the terms of the Claimant's contract with the Principal, or underthe Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal, whichever isthe greater, within one hundred and twenty (120) days after such Claimant should have been paid infull under the Claimant's contract with the Principal;

(2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within onehundred and twenty (120) days after the date upon which such Claimant did, or performed, the last ofthe work or labour or furnished the last of the materials for which such claim is made, under theClaimant's contract with the Principal;

(b) after the expiration of one (1) year following the date on which Principal ceased work on the Contract,including work performed under the guarantee provided in the Contract;

(c) other than in a court of competent jurisdiction in the Province or District of Canada in which the subjectmatter of the Contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree tosubmit to the jurisdiction of such court.

(4) The Surety agrees not to take advantage of Article 1959 of the Civil Code of the Province of Quebec in the eventthat, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothecs andprivileges of said Claimant.

(5) The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith,and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens whichmay be filed of record against the subject matter of the Contract, whether or not claim for the amount of such lienbe presented under and against this Bond.

(6) The Surety shall be liable for a greater sum than the specified penalty of this Bond.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond thisday of 20__


( (SEAL) Endorsed by The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Canadian Construction Association The Engineering Institute of Canada The Specification Writers Association of Canada


Attorney-in-fact


PERFORMANCE BOND No. $


hereinafter called the Principal, and a corporation created and existing under the laws of , and duly authorized to transact the business of Suretyship in

, as Surety, hereinafter called the Surety, are held and firmly bound unto

as Obligee, hereinafter called the Obligee, in the amount of

Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents

Whereas, the Principal has submitted a written tender to the Obligee, dated the day of

20__ , for in accordance with the Specifications and Drawings submitted therefor which contract, Specifications and Drawings, are by reference made part hereof and are hereinafter referred to as the Contract.

Now, Therefore, the Condition of This Obligation is such that if the Principal shall promptly and faithfullyperform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly

(1) complete the Contract in accordance with its terms and conditions or(2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and

conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for acontract between such bidder and the Obligee and make available as work progresses (even though there shouldbe a default, or a succession of defaults, under this paragraph) sufficient funds to pay the cost of completion lessthe balance of the Contract price; but not exceeding, including other costs and damages for which the Surety maybe liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price,"as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract,less the amount properly paid by the Obligee to the Principal.

Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which finalpayment under the Contract falls due.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

No right of action shall accrue on this Bond, to or for the use of, any person or cooperation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20__


( (SEAL) Endorsed by Insurance Bureau of Canada The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Engineering Institute of Canada The Specification Writers Association of Canada


Attorney-in-fact Approved by Canadian Construction Association, 1972

Department: City of Nanaimo

Subject: Prime Contractor Preconstruction Meeting Form

Form Revised: Page:

July 29, 2015 1 of 4 Approved by: Andrew Brooks

Health and Safety Manager

Date Meeting Location

Contract # WSBC Firm #

Prime Contractor Company Name

Prime Contractor’s Superintendent

Description of Designated Workplace

Description of Work

City Contract Representative

Agreement The Prime Contractor:

Check Acknowledges appointment as Prime Contractor defined by WorkSafeBC OH&S Regulation Sections 20.2 and 20.3, and in the Workers’ Compensation Act, Sections 118 Clauses 1 and 2. Understands the Owners duties as defined in the Workers’ Compensation Act, Section 119. Understands for any discrepancy establishing health and safety protocol, WorkSafeBC OH&S Regulation and/or the Workers’ Compensation Act (Part 3) shall prevail. Acknowledges being informed of any known workplace hazards by the owner or owner’s delegate, by signing attached “Existing Known Hazard Assessment” form. Shall communicate known hazards to any persons who may be affected and ensure appropriate measures are taken to effectively control or eliminate the hazards. Shall ensure all workers are suitably trained and qualified to perform the duties for which they have been assigned. Shall ensure or coordinate first aid equipment and services as required by WorkSafeBC OH&S Regulation. Shall coordinate the occupational health and safety activities for the project. Assumes responsibility for the health and safety of all workers and for ensuring compliance by all workers with the Workers Compensation Act (Part 3) and WorkSafeBC OH&S Regulation. Understands any WorkSafeBC violation by the Prime Contractor may be considered a breach of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City. Understands any penalties, sanctions or additional costs levied against the Prime Contractor will be the responsibility of the Prime Contractor. Confirms the Prime Contractor’s Safe Work procedures and risk assessments were prepared by, or approved by, a Qualified Person as defined by WorkSafeBC OH&S Regulation.



Form Revised: Page:



Accepts the following required documents shall be maintained and made available upon request from the City and/or WorkSafeBC Prevention Officer at the workplace

Documents required to be maintained and available by the Prime Contractor will include, but not be limited to:

Check All notices which the Prime Contractor is required to provide to WorkSafeBC as per WorkSafeBC OH&S Regulation. Any written summaries of remedial action taken to reduce occupational health and safety hazards within the area of responsibility. All directives and inspection reports issued by WorkSafeBC. Records of any incidents and accidents occurring within the Prime Contractor’s area of responsibility. Completed accident investigations for any incidents and accidents occurring within the Prime Contractor’s area of responsibility

On a construction project workplace, these additional documents are required to be maintained and available by the Prime Contractor: • Records of all orientation and regular safety meetings held between contractors and their

workers, including topics discussed, worker names and companies in attendance.• Written evidence of regular inspections within the workplace.• Occupational first aid records.• Worker training records.• Current list of the name of a qualified person designated to be responsible for each

subcontractor (employer’s) site health and safety activities.• Diagram of the emergency route to the hospital.

The following information must be provided to the City Contract Representative: Check

WorkSafeBC Notice of Project (if applicable) WorkSafeBC Clearance Letter Prime Contractor’s OH&S Safety Program Prime Contractor’s Site/Project Specific Hazard Identification and Risk Assessments, Safe Work Procedures, etc. First Aid Attendant(s)

Safety Supervisor(s)

Location of First Aid Station

Signature of Prime Contractor



Form Revised: Page:



Signature of City Contract Representative

Pre-Existing and Known Hazard Identification

Discussion between the Prime Contractor and the City Contract Representative

Date Meeting Location

Prime Contractor Company Name

Prime Contractor’s Superintendent

City Contract Representative

• City Contract Representative to make the Prime Contractor aware of any known extraordinarypre-existing hazards specific to the contract.

• It is recognized the pre-existing and known hazards identified may not be a comprehensivelist and due caution is always required.

• Use additional pages if necessary.

Identified Extraordinary Hazards Action required to eliminate or control hazards and ensure worker safety

Prime Contractor Representative (signature) City Contract Representative (signature)



Form Revised: Page:



Prime Contractor Representative (print name) City Contract Representative (print name)

Vendor / Contractor Performance Evaluation – Services & Construction 3-2017 Page 1 of 5

Appendix D - Vendor Performance Evaluation for Services & Construction

Contractor Name: Contract Title and Number:

Purchase Order Number: Contract Term: Contract Period: From: To:

Contract Value: Department:

PERFORMANCE

EXCEPTIONAL (4)

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.

VERY GOOD (3)

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 (2)

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 (1)

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 (0,1,2,3,4)

COMMENTS (Attach additional sheets if necessary)

Work performed in compliance with contract terms

Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. to rate

Materials, supplies and equipment provided as required?


Cost Management

Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A Insufficient info. torate

Staff availability


Staff training



PERFORMANCE RATING

Score (0,1,2,3,4)


Staff professionalism


Customer service


Staff turnover


Communication and accessibility


Prompt and effective correction of situations and conditions



PERFORMANCE RATING

Score (0,1,2,3,4)


Contractor compliance with Wage & Benefits (if appropriate)


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 safetyplans

Total Recordable Injury Rate(TRIR) for the duration of thecontract


Licensing requirements met Yes No

(Explain)

Insurance certificates and documentation, timely and complete

Yes No

(Explain)

Would you recommend this firm again?

Yes No

(Explain)


OVERALL ASSESSMENT:

Total score out of 105

Exceptional (71-105) Very Good (46-70) Satisfactory (27-45) Marginal (10-26) 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:

___________________________________________ ________________________________________________ Title Signature

___________________________________________ Date