request for proposal no. 1545 road crack sealing …

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REQUEST FOR PROPOSAL No. 1545

ROAD CRACK SEALING SERVICES

Issue Date: June 27, 2014

Closing Location:

By Hand/Courier To: Electronically Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 Attention: Silvia Reid, SCMP Buyer

Email: [email protected]

Please note: Maximum email file size limit is 8MB, or less.

Closing Date and Time

Proposals must be received no later than 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, July 9, 2014 at the “closing location” by hand/courier delivery or electronically.

Contact Person for Inquiries and Clarifications Technical Inquiries: Gary Davenport, Roads Foreman

Phone: 250-756-5315 Email: [email protected]

RFP Process Inquiries: Silvia Reid, SCMP, Buyer Phone: Phone: 250.756.5318 Email: [email protected] Inquiries after July 7, 2014 Pacific Time will only be answered at the discretion of the City, if time permits.

Receipt Confirmation Form (Appendix A) For any further distributed information about this Request for Proposal, please return this form by facsimile: 250.756.5327 or email to [email protected]. Proponents are to note all subsequent information will also be posted on the City of Nanaimo website at (www.nanaimo.ca). The City, will attempt to send information directly to Proponents that have returned the Receipt Confirmation Form, but it is the responsibility of the Proponents to ensure that all information has been received.

mailto:[email protected]



http://www.nanaimo.ca/

RFP No. 1545 Road Crack Sealing Services

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Table of Contents 1.0 Overview ............................................................................................................. 3 2.0 Instructions to Proponents ............................................................................. 3 – 7 3.0 Acceptance of Proposals ..................................................................................... 7 4.0 Evaluation Process .............................................................................................. 8 5.0 Award ............................................................................................................ 8 – 9 6.0 General Terms and Conditions .................................................................... 9 – 15 Schedule A Specifications ................................................................................. 16 – 22 Appendix A: Receipt Confirmation Form..................................................................... 23 Appendix B: Prime Contractor General Information Form ................................... 24 - 26 Appendix C: Prime Contractor Pre-Construction Meeting Form .......................... 27 – 29 Appendix D: Contractor Fuel Reporting Consumption Worksheet (1 page) Appendix E: Mandatory Proposal Response Form (Fillable Form) Appendix F: Acceptance of RFP Terms and Conditions (Fillable Form)


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SECTION 1.0 OVERVIEW

1.1 The City of Nanaimo (the “City”) is requesting Proposals for Road Crack Services for 2014 program.

1.2 See (Schedule A) for specifications and road locations. The City estimates the requirement for

this Contract to be approximately 20,000 lineal metres of crack sealing. Proponents are encouraged to inspect the sections of roads prior to bidding. The quantities identified are an estimate only for bidding purposes and cannot be guaranteed.

1.3 The 1st Term of Contract will be effective from the date of award through to December 31, 2014.

The contract may be extended by mutual agreement in writing by both parties, for an additional two (2) additional one-year terms, unless withdrawn or terminated sooner. The City shall not incur any liability should it choose not to exercise its exclusive option to extend the Contract.

1.4 All prices stated in (Appendix E) will be held firm for the 1st Term of the Contract.

1.5 Please note that work scheduled for 2014 must be completed by August 31, 2014. Time

is of the essence for this Contract.

SECTION 2.0 INSTRUCTIONS TO PROPONENTS 2.1 Definitions

In this RFP the following definitions apply: (a) “City” means the City of Nanaimo. (b) “Contractor” or plural thereof means the person or persons or a company whose Proposal

has been accepted by the City and who has entered into a Contract with the City. (c) “must” “mandatory” “shall” means a requirement that must be met in order for a

Proposal to receive consideration. (d) “Proponent” or plural thereof means the person, firm or corporation submitting a Proposal

to this RFP. (e) “Proposal” or plural thereof means the Proponents submission in response to this RFP. (f) “Request for Proposal” “RFP” means this document and all of its contents, attachments

and addendum thereto as issued by the City. 2.2 Mandatory Criteria

The following are mandatory requirements. Proposals not clearly demonstrating that they meet these mandatory requirements will receive no further consideration during the evaluation process.

.1 Proposal must be received by the “closing date” at the “closing location” as specified in

Section 2.0, Clause 2.3. .2 Proposals must be submitted in English. .3 Completed (Appendix E) Mandatory Proposal Response Form must be submitted. .4 Completed (Appendix F) Acceptance of RFP Terms and Conditions form must be

submitted and must be signed by a person authorized to sign on behalf of the Proponent and to bind the Proponent to statements made in response to this Request for Proposal.


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2.3 Closing Date / Time / Location Proposals must be received by the Purchasing Department no later than 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, July 9, 2014 (the “closing time”) by one (1) of the following two (2) methods:

i. By hand/courier delivery to the only acceptable address and department: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9. The Proposal should be enclosed in a sealed envelope, clearly marked “RFP No. 1545 Road Crack Sealing Services” attention: Silvia Reid, Buyer and should include one (1) hard copy of the Proposal and one (1) electronic version on CD, DVD or Memory Stick. Hard copy and electronic version should be identical to each other. The City of Nanaimo will not be liable for any discrepancy between the hard copy submission and the electronic version. OR

ii. Electronically submitted at the only acceptable email address: [email protected] Please note: Maximum email file size limit is 8MB, or less.

Late Proposals or Proposals received by facsimile will not be considered.

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

The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier.

Electronically submitted Proposals shall be deemed to be successfully received when displayed as new email has been received by the Purchasing Department at the City of Nanaimo. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc.

2.4 Examination of Proposal Document

Each Proponent is responsible for informing themselves as to the contents and requirements of this RFP. It is in the best interest for Proponents to visit the site of the work to understand the contract requirements of the project as each Proponent is solely responsible to ensure that they have obtained and considered all information necessary to understand the requirements of the RFP and to prepare and submit their Proposal.

2.5 Liability for Errors The City of Nanaimo and its employees and agents shall not be held liable or accountable for any error or omission in any part of this RFP or response to Proponent questions. While the City, and/or its employees and agents, have made efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the City, and/or its employees or agents, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Proponents from the responsibility of conducting their own investigations and research and forming their own opinions and conclusions with respect to the matters addressed in the RFP. Proponents will be solely responsible to ensure their Proposal meets all the requirements of the RFP, to advise the City immediately of any apparent discrepancies or errors in the RFP, and to request clarification if in doubt concerning the meaning or intent of anything to the RFP.



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2.6 Inquiries and Clarifications All technical inquiries and clarifications related to this Request for Proposal are to be directed, in writing, to the following person:

Gary Davenport, Roads Foreman Phone: 250-756-5315 Email: [email protected]

All RFP process inquiries and clarifications related to this Request for Proposal are to be directed, in writing, to the following person:

Silvia Reid, SCMP, Buyer Phone: Phone: 250.756.5318 Email: [email protected]

Inquiries after July 7, 2014 Pacific Time will only be answered at the discretion of the City, if time permits. Information obtained from any other source is not official and are not to be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option. No oral conversation will affect or modify the terms of this RFP.

2.7 Addenda If the City determines that an amendment is required to this RFP, the City’s Purchasing Department will post a written addendum on the City of Nanaimo website at (www.nanaimo.ca), and upon posting will be deemed to form part of this RFP. Upon submitted a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the BC Bid website and City of Nanaimo website. It is the responsibility of the Proponent to ensure that it has received any Addenda issued prior to the Proposal closing date and time.

2.8 Revisions to Proposals Prior to Closing Time (a) Proponents may make changes to their Proposals after the submission of their Proposals

provided each revision is submitted and is received at the “closing location” before “closing time”.

(b) Revisions must be signed by an authorized signatory of the Proponent. For the revisions to receive full consideration, Proponents should indicate the revisions made and should identify every page of a revision as:

Revision to Proposal 1545– Road Crack Sealing Services

(Proponent’s Name) (c) Revisions received after the “closing time” will not be considered or accepted.

2.9 Withdrawal of Proposal

The Proponent may withdraw their Proposal at any time prior to the Proposal “closing time” by submitting a written withdrawal letter to the Purchasing Department via email: [email protected], attention: Silvia Reid, Buyer.

2.10 Changes to the Proposal Wording and Content

The Proponent will not be allowed the opportunity to change the wording or content of its Proposal after closing and no words will be added to the Proposal, including changing the intent or content of the presentation of the Proposal, unless requested by the City.






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2.11 Pricing (a) The City estimates the requirement for this Contract to be approximately 20,000 lineal

metres of crack sealing. The Proponent is encouraged to inspect the sections of roadway prior to submitting a bid. The City does not guarantee the quantities estimated or will be met throughout the term of the Contract. Actual quantities may be more or less.

(b) This is a Unit Price Contract. A Unit Price Contract means a Contract where the City pays a fixed unit price for each completed unit of Work to the Contractor.

(c) All prices are in Canadian Dollars, exclusive of the Goods and Services Tax (GST). GST is shown as a separate line item. All unit pricing shall be inclusive of all equipment, materials, labour, traffic control, signage, travel expenses, assessments for Workers’ Compensation, Unemployment Insurance, Canadian Pension Plan or any similar statue, costs of sub-contracts, insurance premiums, royalties, permits and licences, overhead, profit and all other expenditures in connections with the Work.

2.12 Proponent Costs

All costs and expenses with respect to the preparation and submission of a Proposal pursuant to this RFP, in viewing the Facility and in attending interviews at the City, if any, shall be the sole responsibility of the Proponent and the City assumes no liability whatsoever for any Proponent costs and expenses.

2.13 Irrevocability of Proposals

All Proposals are irrevocable for a period of sixty (60) calendar days from the “closing time”.

2.14 Solicitation of Council Members and City Staff Proponents and their agents will not contact any member of the City Council or City Staff with respect to this RFP, other than the City contact named in this document.

2.15 Minimum Rate of Pay

The Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401 says that: Article 31 – Contract or Sub-Contracts Every contract made by the Employer for construction, remodeling, repair, or, demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition: “Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401.” 2013 Rate is $23.99

2.16 Litigation Clause

The City may, in its absolute discretion, reject a Proposal submitted by Proponents if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to:

(a) Any other Contract for works or Services; or


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(b) Any matter arising from the City’s exercise of its powers, duties or functions under the Local Government Act for another enactment within five years of the date of this Request for Proposal.

In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Proponent’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Proponent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Proponent.

2.17 Governing Laws

This RFP will be governed exclusively by and construed and enforced in accordance with the laws of the Province of British Columbia and Canada. The Proponent agrees to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and the Government of Canada in the event of any dispute concerning this RFP or any matters arising out of this RFP.

2.18 Not a Tender Call

This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.

2.19 Conflict of Interest

By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen by the City to create a conflict.

2.20 Working Language of the City

The working language of the City is English and all responses to this RFP must be in English. 2.21 Public Opening There will be no public opening for this RFP. SECTION 3.0 ACCEPTANCE OF PROPOSALS 3.1 Proponents are advised that the lowest or any Proposal may not necessarily be accepted and

the City reserves the right to reject or accept any or all Proposals in whole or in part at any time without further explanation.

3.2 Proponents are cautioned to carefully read and follow the instructions stated herein as the City

reserves the right to disqualify any Proposal that fails to meet any of the requirements of this RFP.

3.3 If any Proposal contains a deficiency or fails in some way to comply with any requirement of the

RFP, which in the opinion of the City is not material, the City may waive the defect and accept the Proposal. The determination of whether or not to disqualify or otherwise remove any Proposal from the evaluation process will be made in the sole discretion of the City.


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SECTION 4.0 EVALUATION PROCESS 4.1 Proposals that meet the mandatory criteria in Section 2.0, Clause 2.2 will be further assessed

and evaluated against the Desirable Criteria, identified in this section Clause 4.2. 4.2 The following desirable criteria and weightings will be applied in evaluating Proposals. The

evaluation team will evaluate the Proposals based on the content of the Proponents response on (Appendix E) Mandatory Proposal Response Form.

Desirable Criteria Maximum Points Company Experience and Capability 15 Experience of Personnel 20 Sustainability 5 Financial 60

Total Points 100

4.3 The evaluation team will not be limited to the desirable criteria referred to above and the evaluation team may consider other criteria that the team identified as relevant during the evaluation process. However, any criteria considered will be applied evenly and fairly to all Proposals.

4.4 The City reserves the right to clarify any Proposal without becoming obligated to offer the same

opportunity to any other Proponents. The evaluation team may consider such clarifications or additional information in evaluating Proposals.

4.5 After an initial review and evaluation of all the Proposals, the City may, at its option, conduct

interviews with one or more highest ranking Proponent(s). This will provide the City an opportunity to meet the Proponent and ask questions regarding the contents of their Proposal and will score the interviews accordingly. Alternatively, if in its sole discretion, the City determines there is a clear leading Proponent, the City retains the right to bypass the interview process and proceed directly to award.

4.6 The City reserves the right, at its sole discretion, to enter into negotiations with the lead

Proponent or with any other Proponents concurrently without becoming obligated to offer the same opportunity to any other Proponent(s). Negotiations may include, but not be limited to, fee/price adjustments, minor changes to the scope of work/requirements/contract details and payment details. It is not the intent of the City to allow for new or significantly altered Proposals in any negotiations.

SECTION 5.0 AWARD 5.1 The City is not under any obligation to award a Contract and reserves the right at its sole

discretion to terminate, cancel or amend this RFP at any time. If the City terminate or cancels the RFP process, the City may issue a new RFP or take other actions, as appropriate, if considered in the best interest of the City.

5.2 The City may not necessarily accept the lowest priced Proposal or any Proposal. At its sole

discretion, the City reserves the right to accept or reject any or all Proposals received and to accept any Proposal which it considers advantageous, whether or not it is the lowest priced Proposal.


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5.3 Preference shall be given to Contractors located within the Regional District of Nanaimo where quality, service and price are equivalent.

5.4 The successful and unsuccessful Proponents will be advised directly by the City. In most

cases, the City will also advise the name of the successful Proponent and including the dollar amount on the City of Nanaimo website. Proponents are encouraged to check the City of Nanaimo website at www.nanaimo.ca for any information concerning the awarding of a Contract resulting from this RFP.

5.5 Any award of any Contract is contingent upon funds being approved for the Road Crack

Sealing Services and approval by the appropriate Manager or Council in accordance with Bylaw No. 7175.

5.6 Any award of a Contract will be subject to satisfactory references checks in the sole opinion of

the City, including the City’s internal assessment on previous contracts. The City will not enter into any Contract with a Proponent whose references are found to be unsatisfactory.

5.7 The intent is to enter into a Contract with the Proponent with the highest scoring Proposal.

Notwithstanding the foregoing, the City reserves the right to award the Contract to the Proponent other than the one with the most points, if, in the City’s sole determination, another Proposal is determined to be “Best Value” to the City, taking into consideration the evaluation criteria of the RFP.

5.8 By submitting a Proposal and participating in the process as outlined in this RFP, Proponents

expressly agree that no Contract of any kind is formed under, or arises from this RFP prior to the signing of a formal written Contract. No “Contract A” is formed as a result of this exercise.

SECTION 6.0 GENERAL TERMS AND CONDTIONS 6.1 Conduct of the Contract

The Roads Management Foreman, Public Works or his/her designate has conduct of the Contract.

6.2 Term of Contract

The 1st Term of Contract will be effective from the date of award through to December 31, 2014. The contract may be extended by mutual agreement in writing by both parties, for an additional two (2) additional one-year terms, unless withdrawn or terminated sooner. The City shall not incur any liability should it choose not to exercise its exclusive option to extend the Contract.

6.3 Form of Contract and Contract Documents

The City’s preferred form of Contract for this RFP is the City of Nanaimo’s official Purchase Order and the Contract documents will include and consist of: The Purchase Order issued by the City; RFP No. 1545 document; The Proposal No. 1545 Submission, including all attachments and appendices; The following referenced sections of RFP #1545 document;

o Section 2.0, Clause 2.1 Definitions; o Section 6.0, General Terms and Conditions

Specifications (Schedule A); Prime Contractor General Information Form (Appendix B) Prime Contractor Pre-Construction Meeting Form (Appendix C);



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Contractor Fuel Reporting Consumption Worksheet (Appendix D); Mandatory Proposal Response Form [(Appendix E) as modified from the RFP 1545

document]; Acceptance of RFP Terms and Conditions [(Appendix F) as modified from the RFP 1545

document]; City of Nanaimo Business License; WorkSafe BC Clearance Letter; Certificate of Insurance; All amendments and attachments issued by the City; and Those parts not reference above, but agreed upon by both parties. In the event of a conflict between any of the Contract documents, the following documents will take precedence and govern over each other in the following order of priority from the highest to the lowest: (a) The City’s Purchase Order, the RFP document, including all addenda and attachments;

and (b) The Proposal submission or any mutually agreed to amendments between the successful

Proponent and the City. 6.4 Business License

The Contractor shall obtain and maintain a City of Nanaimo Business License or an Inter-Municipal business license from the municipality in which its business is located for the duration of the Contractor. Failure to verify possession of a valid Business Licence is cause for Contract cancellation.

6.5 Deviation from Contract

The Contractor shall not make any alterations or variation in, or addition to, or deviation or omission from the terms of the Contract without the written consent of the City’s Contract Manager, in consultation with Purchasing.

6.6 Invoicing and Payment All invoices should include the minimum information:

City's purchase order number and Contract #1545; Road Name, linear meters of crack sealing; Unit rates and extended totals; and All applicable taxes are shown as a separate line item. This is a Unit Price Contract. A Unit Price Contract means a Contract where the City pays a fixed unit price for each completed unit of Work to the Contractor. Payment will be made on actual units of work performed, subject to approval by the City. The City shall pay the Contractor within thirty (30) days following either the receipt by the City of the Contractor’s invoice or satisfactory completion of the invoiced services, whichever is later.

6.7 Extras

No payments for extras shall be made, unless such extras and prices have been authorized in writing by the City’s Contract Manager.

6.8 Indemnification

The Contractor agrees to indemnify, defend and save harmless the City of Nanaimo, including without limitation, its Council Members, agents, servants and employees from and against all


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suits, claims, demands, losses, damages, expenses and costs made against or incurred, suffered or sustained by the City at any time or times (either before or after the expiration or sooner termination of this Contract) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Contractor or by any servant, employee, officers, director or sub-contractor the Contractor pursuant to the Contract excepting always liability out of the independent acts of the City.

6.9 Insurance Requirements 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. (a) 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:

(b) Include the City of Nanaimo as an additional insured;: (c) Be endorsed to provide the City of Nanaimo with (30) days advance written notice of

cancellation or material change; and (d) Include a cross liability clause. (e) 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.

(f) Contractors' Equipment Insurance in an all risks form covering construction machinery and equipment used for the performance of the Work.

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 it 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.

Copies of all insurance renewals shall be provided to the City on an annual basis as requested, for the duration of the Contract.

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.

6.10 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:


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(a) Provide at its own expense the necessary WorkSafe BC compensation coverage for all it employees and partners employed or engaged in the execution of the Work;

(b) Remain current with all assessment reporting and payments due there under and shall comply in every respect with the requirements of the Workers’ Compensation Act and Regulations; and

(c) Be solely responsible for to ensure that 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 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 "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded.

6.11 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 should also understand the general duties of the Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Bidder should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.

Prime Contractor information is included in:

(Appendix B) Prime Contractor General Information Form; and (Appendix C) Prime Contractor Preconstruction Meeting Form.

6.12 Law, Permits, License, By-Laws, Regulations, Etc.

(a) This Contract shall be governed by and construed according to the laws of this Province of British Columbia.

(b) In carrying out its obligations hereunder, the Contractor shall familiarize itself and 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 laws and regulations pertaining to the Work and Requirements of this Contract. All costs will be the sole responsibility of the Contractors.

6.13 Sub-Contractors

(a) The Contractor will bind all approved subcontractors to the terms of the Contract, as applicable to the subcontractors 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 into all 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 to that set forth in Clause 6.9

(d) The Contractor must comply with all conditions and safety regulations of WorkSafe BC and must be in good standing and must maintain this standing throughout the term of the Contract.


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(e) All subcontractors are the responsibility of the Contractor. (f) The Contractor will be as fully responsible to the City for acts and omissions of

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

6.14 Independent Contractor

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

6.15 Assignment

This Contract shall not be assigned to any other party without the permission of the City’s Contract Manager in consultation with Purchasing.

6.16 Default

The Contractor shall not be liable for any excess costs if any failure to perform the Contract arises by reason of strike, lockouts, acts of God or of the public enemy, acts of the City, fires or floods, or defaults of sub-contractors due to any of such causes unless the City shall determine that the services to be furnished by the sub-contractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

6.17 Termination of Contract The City reserves the right to cancel this Contract immediately upon written notice, if, in the sole opinion of the City, the Contractor is not fulfilling the terms, conditions and specifications of the Contract or at any time, in its sole judgment, the City may terminate the services of the Contractor in whole or in part by giving (10) days written notice to the Contractor signed by the Roads Management Foreman, Public Works or designate.

Notwithstanding the above, at the sole discretion of the City, anytime during the duration of this Contract the Contractor endangers the public safety or inappropriate public conduct as solely determined by the City; the City has the right to cancel the Contract immediately.

Late performance of the Contract shall be unacceptable and may be cause for cancellation of the Contract and disqualification from future consideration for similar Services. In the event the City terminates this Contract: (a) the City’s liability shall be limited to only the Contractor fees and expenses for satisfactorily

completed Services up to the date of termination and not thereafter; or (b) The City may enter into a Contract, at it in its sole discretion sees fit, with other persons to

complete the Services. 6.18 Minimum Rate of Pay

The Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401 says that: Article 31 – Contract or Sub-Contracts Every contract made by the Employer for construction, remodeling, repair, or, demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition:


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“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.” 2013 Rate is $23.99 Appendix I Definitions “Work performed” refers to the current classifications contained in the parties’ Collective Agreement and not directly connected to the job which is contracted.

Process 1. Each contract assigned to a contractor by the City of Nanaimo will contain terms:

(a) Requiring that the contractor adhere to the provisions of Article 31 of the Collective Agreement. Current classified rates will be included.

(b) Specifying that failure to adhere to the provisions is a breach of the contract and may give rise to the termination of the contract.

(c) Entitling the City to copies of information showing the wage rates paid to its employees. (The City will provide copies to the Union if requested.)

2. In the event the City has concerns that a contractor is in violation of Article 31, the following

shall apply: (a) The City shall immediately inform the contractor of its concerns and require the

contractor to comply. (b) The City shall follow up contact and if violation still exists within thirty (30) days provide

written request for compliance. (c) If violation continues, the City shall provide second request within a further thirty (30)

days and demand compliance or contract forfeiture may occur. (d) If violation continues, the City shall provide final request within a further thirty (30) days

and may give two week’s notice for failure to comply with provision of contract. (e) The City may terminate the contract and/or withhold funds and/or require the contractor

to submit appropriate monies to rectify the breach of contract. (f) If the City does not require forfeiture, such decision must be for bona fide operational or

legal reasons. (g) Notwithstanding the above, the City may proceed to (d) or (e) directly.

6.19 Contractor Fuel Reporting Consumption

Commencing on the Contract start date, the Contractor will be required to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of the Janitorial Services on an annual basis. Fuel consumption associated with the provision of these services must be provided to the City of Nanaimo within thirty-one (31) days of the calendar year ending December 31 annually. Data provided should be completed as outlined on the ‘Contractor Fuel Reporting Consumption Worksheet (Appendix D).

6.20 Ownership of Proposal and Freedom of Information and Protection of Privacy Act

All Proposals, including attachments and any documentation, submitted to and accepted by the City in response to this RFP become the property of the City and are subject to the Freedom of Information and Protection of Privacy Act. Proponents shall clearly identify any specific information and/or records that it provides in its Proposal submission that constitute a trade secret, is supplied in confidence; and, the release of which could significantly harm its competitive position. Proponents agree to hold the City harmless against any claims and any


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damages for release of any information and/or records by the City in response to a FIPPA access request.

6.21 Dispute Resolution

In the event of a dispute arising between the City and the Contractor as to their respective rights and obligations under the Standing Offer, both parties agree to resolve the dispute by: (a) Frank and open negotiations whereby both parties use their best efforts to resolve the

dispute by mutual agreement including the most Senior Management of both parties. (b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a

mediator to resolve the dispute. All costs to be split equally. (c) If, after the mediation process is complete and the dispute is not resolved, the parties shall

proceed to arbitrations following the rules of procedures as per the British Columbia International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the exception of legal fees, shall be borne equally.

6.22 Time is of the Essence

Time shall be of the essence in this Contract.


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SCHEDULE A SPECIFICATIONS 1. Scope of Work

The City invites Proposals for the supply of all labour, supervision, materials, equipment, tools, traffic control and all things necessary for the completion of Road Crack Sealing Services. The Contractor must perform the Work: (a) with the degree of care, skill and diligence normally applied in the performance of services of a

similar nature; (b) in accordance with current industry practices; and (c) in conformance with the latest design standards and codes applicable at the time of design.

2. Roads 2014

Street Name From To Meridith Road All Wallace Street All Uplands Road Rutherford Road Sunrise Uplands Bournemouth Rutherford Road Fairbrook 4824 Fairbrook Brookwood Colin Way All Black Franks All Townsite All

3. Changes to the Quantities and Roads

(a) The City, without invalidating the Contract, reserves the right, to make changes by altering, adding or deducting from the Quantities or adding and removing Roads during the term of a Contract and any extension thereof.

(b) The Contractor shall proceed with the Work as changed, and the Work shall be executed under the provisions of the Contract. No change shall be undertaken by the Contractor, without written order from the City’s Roads Foreman.

(c) The value of the addition or reduction from the Contract amount, and the method of determining such value, shall be by the unit prices submitted on (Appendix E).

4. Estimated Quantities

The City estimates the requirement for this Contract to be approximately 20,000 lineal metres of crack sealing. The Proponent is encouraged to inspect the sections of roadway prior to submitting a bid. The City does not guarantee the quantities estimated or will be met throughout the term of the Contract. Actual quantities may be more or less.

5. Approved Products

The following products are the approved products for this project. No other product will be considered. Hydrotech Sealz 6165 Crafco Roadsaver 211 Crafco Roadsaver 221 Crafco Roadsaver 231 Beram 190 Koch 9005 Tremco THC 200


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Meadows Hi-Spec Crafco Polyflex Type 2 (1038)

6. Detack

The following Detack is an approved product for this crack sealing program. Equivalent products will be considered. The City will be the sole judge as to equivalency. Crafco Detack part No. 34681

7. Application Specification

The product(s) must meet the manufacturer’s technical standards and authenticity provided before commencement of the work. The manufacturer’s application methods and provisions must be adhered to except where these specifications override or exceed them. Note: Hot-rubberized sealing compounds must be retained in melters or heated containers at specified temperatures (manufacturer) for lengths of time not less than manufacturer's recommendation.

8. Equipment (a) The following equipment is required:

i) Melter: A portable, specially fabricated steel container having sufficient capacity to ensure no loss of productivity in applying sealant at a minimum rate of 200 linear metres per hour. The melter must also ensure the material is kept fresh at all times rather than being re-heated continually.

Construction shall be of double walled type to allow heat transfer oil circulation. Heating shall be done by an oil jacketed means with suitable liquid propane burners. On-board automatic heat controlling devices to control product temperatures and transfer oil temperature must be provided. All necessary regulators, couplers and valves must be included and meet current standards for liquid propane systems.

The melter shall be equipped with a horizontally mounted paddle-agitator and recirculation system. The melter must comply in every aspect with all provisions of the Gas Safety Act, Regulations and Codes.

(ii) Pavement Crack Router:

A vertical router capable of routering asphaltic concrete pavements to specified widths and depths in a single pass at a minimum rate of 200 linear metres per hour. The router must be capable of exactly following meandering cracks with routering restricted to the crack without any unnecessary pavement cutting or damage.

The router must be equipped with suitable screens to prevent flying particles that may be hazardous to personnel or that may damage vehicles or property. These must be maintained at all times.

(b) Cleaning Equipment

(i) A hot compressed air tool (e.g. HCA lance) capable of cleaning, heating and drying routered and unroutered cracks. This unit shall consist of a source of compressed air with not less than 1.7m3/min (60 cfm) at 690 KPA (100 psi) gauge pressure complete with a moisture and oil filter.


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Valving hoses and fittings shall be provided for the mixture of liquid propane gas into the compressed air. Control box mounted regulators must be provided to regulate input of each gas into a hand held tool to concentrate exhaust onto the crack. On ignition, a spontaneous retort type combustion shall be sustained creating a hot air exhaust of approximately 950 m (3,000 feet) per second at 1650 degrees C (3,000 degrees F), and/or have the capacity to generate up to 300,000 b.t.u.

A minimum of 7.5 metres of reinforced hose shall be provided from the tool assembly to the mixing box to allow for sufficient range of movement by the operator.

This tool must meet all provisions of the Gas Safety Act, Regulations and Codes.

(ii) A compressed air tool capable of cleaning and drying routered and unroutered cracks.

This unit shall consist of a source of compressed air with not less than 1.7 m3/min (60 cfm) at 690 KPA (100 psi) gauge pressure, complete with a moisture and oil filter.

(c) Discharge Equipment

Either the melter must be equipped with a positive displacement pump to discharge the sealant via a connecting wand, or a manual applicator must be employed such that sealant is efficiently applied behind the lance operation and that proper temperatures are maintained.

(d) Crack Filler Devices and Strike-off Tools

This equipment must be capable of forming a bead of sealant over prepared cracks. Also a device capable of forming a flush band as required for the Klaruw Method.

9. Methods and Procedures (a) Routing

All routing shall be done keeping the crack centerline within + 8 mm of the centre of the

rout.

(i) Standard Method

Cracks up to 12 mm in width must be widened by using a router to form a sealant reservoir which is 19 mm wide and from 19 mm to 25 mm deep.

(ii) Cracks from 12 mm to 25 mm in width will not be routed, but shall be cleaned as

close to the crack depth as possible. (iii) Cracks from 25 mm to 75 mm in width will not be routed, but shall be cleaned to the

entire depth. (iv) Cracks, previously sealed, that are in need of repair shall be completely cleaned and

all loose asphalts, debris and sealant must be removed. Cracks should immediately be treated as per the following Standard Method 3 (c) (i). When sealing a continuation of a crack previously sealed or repaired the adjacent older sealed material must be heated up with the H.C.A. tool and new material must be blended, worked and struck with the squeegee to ensure proper bond between the new and previously placed sealant.


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(v) The Contractor shall inform the Director of Engineering & Public Works when in his opinion the asphalt he is going to crackseal will not seal properly.

NOTE: ALL ROUTED CRACKS MUST BE FILLED THE SAME DAY. (b) Cleaning

Cracks must be cleaned using the compressed air tool in two (2) passes to remove all dust and debris. The HCA tool may be required to remove moisture.

(c) Sealing of Cracks

(i) Those cracks prepared as specified in (a) (i) and (ii) must be filled immediately following treatment with the HCA tool by filling with sealant from the bottom up to surface level, in a manner which does not result in sealant bridging entrapped air pockets. Excess settlement may occur in deep cracks, thus necessitating application of a second layer of material. Material should be placed so as to overfill the groove. It should then be struck off and worked with at least two complete passes using the squeegee so as to leave a uniform bead of sealant directly over the crack, with the edges of the spread evenly feathered out to overlap on the pavement surface a minimum of 40 mm on each side of the groove.

ii) The City in consultation with the Contractor may carry out several test sections.

The application method used shall be, routing cracks to 30mm wide and 20mm deep. Flush filling cracks with edges over lapping the pavement by 2mm.

iii) Cracks from 25 mm to 75 mm prepared as described in (a) (iii) will be treated

as follows:

• Apply a thin coat of sealant. • Fill the gap with clean, dry minus 16 mm stone chips. • Re-apply sufficient sealer to overfill the gap. • Strike off with squeegee and feather the surplus to overlap pavement

surface.

A following application may be necessary should sealant settlement be excessive. (d) During the process of pouring the compound the Director of Engineering & Public Works

may require that sufficient compound be taken from the melting unit for testing purposes. (e) Damages such as stones embedded in the sealing compound by construction traffic and

Contractor's operation shall be made good by the Contractor, at the Contractor's expense. (f) The completed seal is to be dusted with an approved material to eliminate surface

tackiness - any excess material is to be removed.


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10. Sample 2 kg. samples of each batch of the product to be used, or being used, maybe requested for testing and these should be clearly marked as samples of hot-rubberized crack sealer along with the specific product name and the contract it is being used for (location, inspector's name, etc.). Rejection of inconsistent batch materials can be expected if they fail to meet normal acceptable product standards.

11. Supervision and Employee Conduct

(a) Contractor must provide proper supervision of their employees as appropriate and will be held responsible for the conduct of their employees.

(b) The City requires that all people employed by the Contractor will perform their tasks in a courteous and professional manner; technicians are expected to be knowledgeable in all aspects of their duties with good customer service skill. Misconduct will not be tolerated.

12. Signage and/or Flag Person(s) Required

All Work must be done with appropriate signs in place, and may require flag personnel. All personnel used in traffic control must wear safety vest, hard hat, use approved flag paddle and be certified in Traffic Control; certificate to on their person. Proposal pricing is to include all costs including any costs for signage and flag person(s) needed.

13. Work Schedule The Contractor will begin the Work once the Contract has been awarded. The City anticipates to award the Contract during the week of July 15, 2014. Project is to be completed no later than August 31, 2014. The City reserves, at its own discretion, the right to cancel the Contract for all work not completed by this date and to Contract out any remaining Work or to extend the Contract due to uncontrollable circumstances.

Once the project has commenced, it will continue on a regular full work schedule until completed. The Contractor shall remain fully engaged until the project is complete. All work must be done during regular working hours unless authorized in writing by the City’s Roads Foreman or authorized designate. Regular working hours are defined as being during the period of 7:00 a.m., and 7:00 p.m., Monday to Saturday, except statutory holidays.

14. Contractor’s Responsibilities The Contractor will be responsible for: (a) For this project the Contractor shall be, for the purposes of WorkSafe BC, deemed to be the

Prime Contractor. The Contractor shall be fully responsible for prime Contractor obligations at the Work Site(s). This includes but not limited to all occupational health and safety regulations, policies and guidelines and WCB regulations as they relate to the Work Site(s) and the Works performed at the Work Site(s). This includes responsibility for anyone allowed on the Work Site(s) during the execution of the Works, including but not limited to sub-contractors and traffic control persons;

(b) To conduct a site inspection to ascertain the practicability of their Proposal submission; (c) The Contractor will be responsible for supplying any traffic control required to ensure safe

vehicle and pedestrian traffic through the Work area. Traffic control personnel must have and possess proof of required certification;

(d) The Contractor shall supply all necessary equipment, tools, materials, vehicles, fuel and labour to properly complete the Work in a safe, efficient and professional manner;

(e) To remain fully engaged at the Work site once the Work has commenced.


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15. City’s Responsibilities The City will be responsible: (a) To approve any variations or exceptions of the Work; (b) To schedule a pre-project meeting with the successful Contractor, their project staff, and City

staff involved to discuss all aspects of the project including procedures, safety, traffic control, work schedules, and any other relevant topic as determined by City staff, prior to Project commencement;

(c) To inspect the Work Site to ensure Work is performed.

16. Protection of Person and Property The Contractor shall use due care that no persons are injured, no property damaged or lost, and no rights are infringed in the supply of the goods and/or services, and the Contractor shall be solely responsible for all loss, damages, costs, and expenses in respect of any injury to persons, damage of property, or infringement of the rights of others incurred in the performance of the goods or services or caused in any other manner whatsoever by the Contractor, its employees or agents.

17. Contractor’s Vehicle

Contractor’s vehicles are to: (a) show evidence of an annual safety inspection and display proper registration and license: (b) be identified with the Contractor’s company name; (c) be equipped with full operating back-up alarms, multiple lite revolving/strobe lights, and

florescent red/orange flags, and other necessary warning systems. 18. Damage to City of Nanaimo Property

Contractor will be responsible for any damage that they may do to the existing buildings and landscape. Prior to the City’s acceptance of the Work, Contractor is required to rectify the same without delay and at no extra cost to the City.

19. Clean-Up All refuse including pavement particles; wrapping, containers and any other debris resulting from this operation shall be gathered and removed from the work site on a daily basis. No dumping will be allowed on the street right-of-way. Tank flushing residues will only be dumped in pre-approved locations.

All streets must be swept with a mechanical street sweeper in the same day as the crack sealing is done. The Contractor will be responsible for all costs associated with clean up and sweeping.

20. Progress Report

The Contractor will advise the City’s Roads Foreman, Public Works on Work progress daily. In addition, on completion of work on each street, the Contractor will give the City’s Roads Foreman, Public Works a written account of the amount of sealant used and total metres sealed.

21. Inspection of Work

An Inspector will be assigned by the City to review workmanship, material preparation and handling, equipment, crack preparation and weather conditions. Should any problems or deficiencies be noted the Contractor shall take appropriate corrective action to the satisfaction of the Inspector prior to acceptance of the completed seals. All required corrections will be at no cost to the City.


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22. Failure to Perform Good workmanship must be apparent. When work is found incomplete or unsatisfactory, the Contractor will be informed and will be expected to rectify the condition immediately at no cost to the City of Nanaimo. Failure to rectify the condition will entail the City employing others and the cost incurred being deducted from monies due to the Contractor. Repeated infractions of unsatisfactory performance will not be tolerated and will result in cancellation of the Contract and retention of any holdback monies due by the City.


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APPENDIX ‘A’ RECEIPT CONFIRMATION FORM

Request for Proposal No. 1545

Road Crack Sealing Services

Closing Date & Time: No later than 3:00 P.M. (15:00hrs) Pacific Time, Wednesday, July 9, 2014

For any further distributed information about this Request for Proposal, please return this form by fax or email as soon as possible to:

Silvia Reid, Buyer Phone: (250) 756-318

Email: [email protected] Fax: (250) 756-5327

COMPANY NAME: ____________________________________________________ STREET ADDRESS: ____________________________________________________ CITY/PROVINCE: ____________________________________________________ POSTAL CODE: ____________________________________________________ PHONE NUMBER: ____________________________________________________ FAX NUMBER: ____________________________________________________ PHONE NUMBER: ____________________________________________________ CONTACT PERSON: ____________________________________________________ TITLE: ____________________________________________________ EMAIL ADDRESS: ____________________________________________________ Proponents: Please note all subsequent information will also be posted on the City of Nanaimo website at (www.nanaimo.ca). The City will attempt to send information directly to those Proponents that have returned this form, but it is the responsibility of the Proponents to ensure that all information has been received.




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Prime Contractor General Information Form

APPENDIX “B”

This document does not replace the Workers Compensation Act or OH&S Regulations

Sections 118 of the Workers Compensation Act: “multiple employer workplace” means a workplace where workers of 2 or more employers are working at the same time. Note:

Workers of one employer do not necessarily have to come in contact with workers of the other

They do not have to be in the same place at the same time Workers’ activities could affect the health and safety of another employer’s workers. This is

true even if the workers at the workplace are workers of the owner or contractor. “prime contractor” means, in relation to a multiple-employer workplace,

the directing contractor, employer or other person who enters into a written agreement with the owner of that workplace to be the prime contractor for the purposes of this Part, or

if there is no agreement referred to in paragraph (a), the owner of the workplace. The prime contractor of a multiple employer workplace must

Ensure that the activities of all employers, workers (including the owners), and other persons at the workplace relating to occupational health and safety are coordinated and

Do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with the WC Act and the Regulation in respect of the workplace

Each employer of workers at a multiple employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace. For the sake of clarity, the following apply in determining whether there is a “multiple-employer” workplace:

Two or more adjacent workplaces do not constitute a “multiple-employer workplace”, even though the activities at one place might affect the health and safety of workers at an adjacent workplace.

In contrast, the workplace will generally be a “multiple-employer” workplace in the following situations:

-Workers of different employers are present at the same time working on the different projects; or -Workers of different employers are present at the same time working on the same project.

In either case the workplace would be considered a “multiple-employer” worksite.


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Prime Contractor General Information Form APPENDIX “B”

In determining whether “workers of 2 or more employers are working at the same time”, the phrase “at the same time” will be given such fair, large and liberal construction as may best attain the objectives of section 118. “At the same time” does not mean that, at any precise point in time, there are workers of 2 or more employers present in the workplace. Rather, it means that, over an appropriate interval, there are workers of 2 or more employers present in the workplace, whether or not the 2 or more groups of workers are actually present together in the workplace at any precise point in time at all. The duration of the interval of time to be considered will depend upon the circumstances of the individual workplace.

Whether the workers of the one employer come into actual contact with the workers of the other

employer does not generally affect the determination of whether the workplace is a “multiple-employer workplace”. An employer, the employer’s workers and their activities could well affect the health and safety of another employer’s workers who come into the workplace later in the day or on another day, even though there may be no actual contact between the two groups of workers.

However, the degree to which the activities of the first employer and its workers affect the health and safety of the second employer’s workers will generally affect the determination of the responsibilities of the prime contractor and of the two employers under Part 3 and the regulations

Virtually all workplaces will be visited by workers of other employers. For example, workers may deliver or pick up mail, goods or materials or enter to inspect the premises. Short term visits of this type, even if regular, do not make the workplace a “multiple-employer workplace” for purposes of section 118(1).

The written agreement referred to in section 118(1) of the Act must be made available within a reasonable time if requested by a Board officer. There can be only one "prime contractor" at a workplace at any point in time. If an owner enters into more than one agreement purporting to create a "prime contractor" for the same period of time, the owner is considered to be the prime contractor.


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Prime Contractor General Information Form

APPENDIX “B” Section 119 of the Workers Compensation Act: Every owner of a workplace must

(a) provide and maintain the owner's land and premises that are being used as a workplace in a manner that ensures the health and safety of persons at or near the workplace,

(b) give to the employer or prime contractor at the workplace the information known to the owner that is necessary to identify and eliminate or control hazards to the health or safety of persons at the workplace, and

(c) comply with this Part, the regulations and any applicable orders. Prime Contractor Qualified Coordinator OH&S Regulations 20.3:

If a work location has overlapping or adjoining work activities of 2 or more employers that create a hazard to workers, and the combined workforce at the workplace is more than 5,

(a) the owner, or if the owner engages another person to be the prime contractor, then that person must

(i) appoint a qualified coordinator for the purpose of ensuring the coordination of health and safety activities for the location, and

(ii) provide up-to-date information as specified in subsection (4), readily available on site, and

(b) each employer must give the coordinator appointed under paragraph (a)(i) the name of a qualified person designated to be responsible for that employer's site health and safety activities.

(3) The duties of the qualified coordinator appointed under paragraph (2)(a)(i) include

(a) informing employers and workers of the hazards created, and

(b) ensuring that the hazards are addressed throughout the duration of the work activities.

(4) The information required by subsection (2)(a)(ii) includes

(a) the name of the qualified coordinator appointed under subsection (2)(a)(i),

(b) a site drawing, which must be posted, showing project layout, first aid location, emergency transportation provisions, and the evacuation marshalling station, and

(c) a set of construction procedures designed to protect the health and safety of workers at the workplace, developed in accordance with the requirements of this Regulation.


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APPENDIX ‘C’ PRIME CONTRACTOR PRE-CONSTRUCTION FORM (Do Not Complete)

Prime Contractor

Pre-construction Meeting Form APPENDIX “C”

Date: Meeting Location: Firm Name: Contract #: Prime Contractor: Prime Contractor’s Superintendent: City’s Contract Representative: AGREEMENT The Prime Contractor:

Acknowledges appointment as Prime Contractor defined by WorkSafe BC OH&S Regulations 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, WorkSafe BC 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 WorkSafe BC 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 WorkSafe BC OH&S Regulation. Understands any WorkSafe BC 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.

Accepts the following required documents shall be maintained and made available upon request from the City and/or WorkSafe BC Prevention officer at the workplace.


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The documents required to be maintained and available by the Prime Contractor will include, but not be limited to: All notices which the Prime Contractor is required to provide to WorkSafe BC as per WorkSafe

BC 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 WorkSafe BC. 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 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:

WorkSafe BC Notice of Project WorkSafe BC Clearance Letter Prime Contractor’s OH&S Safety Program Prime Contractor’s OH&S Safety Program Document

First Aid Attendants:

Safety Supervisor:

Location of First Aid Station:

Signature of Prime Contractor: Signature of City Contract Representative:


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EXISTING KNOWN HAZARD ASSESSMENT Discussion between the Prime Contractor and the City Contract Representative Date: Meeting Location: Prime Contractor: Prime Contractor Representative: • City Contract Representative to make the Prime Contractor aware of any known extraordinary pre-

existing hazards peculiar to the contract. • It is recognized the known pre-existing hazards identified may not be a comprehensive list 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

Comment:

Comment:

Comment:

Prime Contractor Representative (signature)

City Contract Representative (signature)

Prime Contractor Representative (printed) City Contract Representative (printed)

APPENDIX 'D' CONTRACTOR FUEL REPORTING CONSUMPTION WORKSHEET - DO NOT COMPLETE

Company Name:

Address:

Phone Number:

Contact Person:

Title:

Contact Phone:

Contract Description:

Contract Number / Identifier:

Reporting Period:* *(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy

Fuel Consumption Categories: Type of Fuel Total Consumption Unit of Measure

Light Duty Vehicle - Two door passenger cars Gasoline ______________ ______________ - Four door passenger cars Diesel ______________ ______________ - Station wagons Propane ______________ ______________

Natural Gas ______________ ______________ Other ________________ ______________ ______________

Light Duty Truck - SUV's Gasoline ______________ ______________ - Minivans Diesel ______________ ______________ - Full size vans Propane ______________ ______________ - Pickup trucks GVWR under 3856Kg (8,500 lbs) Natural Gas ______________ ______________ and curb weight under 2722 Kg (6,000 lbs) Other ________________ ______________ ______________

Heavy Duty Truck - Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) Gasoline ______________ ______________ and curb weight over 2722 Kg (6,000 lbs) Diesel ______________ ______________

Propane ______________ ______________ Natural Gas ______________ ______________ Other ________________ ______________ ______________

Off Road Vehicles and Portable Equipment - Vehicles and equipment not licensed for road use Gasoline ______________ ______________ - Snowmobiles Diesel ______________ ______________ - ATV's Propane ______________ ______________ - Lawnmowers and trimmers Natural Gas ______________ ______________ - Tractors Other ________________ ______________ ______________ - Construction equipment

I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period.

_______________________________________________ __________________________ _________________Signature Title Date (dd/mm/yyyy)