INVITATION TO TENDER OCEANSIDE PLACE – LIGHTING UPGRADE 2013 FOR THE REGIONAL DISTRICT OF NANAIMO, Closing Date: Oceanside Place: Lighting Upgrade 2013 August 9, 2013 Page 1 TABLE OF CONTENTS Part I: General Instruction & Requirements of Bidding Process A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. Scope of Work: Bid Call Instructions Bid Ineligibility Meetings Contract/Bid Documents Bid Submission Award Criteria Evaluation Criteria Insurance Offer Acceptance/Rejection Workers’ Compensation Business License Indemnity Patent Infringement Purchasing Statement Proposed Timelines Warranties 3 3 3 5 5 5 6 7 8 9 9 10 10 10 10 11 11 11 Part II: Specifications Part III: Form of Tender 12 15 Schedule A 16-17 Appendix A 18-19 Oceanside Place: Lighting Upgrade 2013 Page 2 Part I: General Instruction & Requirements of Bidding Process A. Scope of Work: The Regional District of Nanaimo is seeking tenders from qualified and Power Smart Alliance approved electrical contractors to remove the existing high bay fixtures and replace with energy efficient LED fixtures at Oceanside Place, located at 830 West Island Highway in the City of Parksville. The work will involve the removal and replacement of 180 fixtures in the 2-main rinks, lobby and the leisure skating rink. B. Bid Call Instructions: 1. Sealed Tenders signed, executed and dated will be received up until 1:00 p.m. PDT August 9, 2013 and should be delivered to: John Marcellus-Superintendent of Arena Services Oceanside Place 830 West Island Highway Parksville, B.C. V9P-2X4 2. It is the sole responsibility of each Bidder to deliver their tender to the Oceanside Place Office before the closing time. The Regional District of Nanaimo will not accept any responsibility for bid documents delivered to other RDN facilities and at the discretion of the RDN may be rejected. 3. Faxed tenders will not be accepted. 4. Bidders shall submit three (3) original hard copies and one (1) electronic version in MS Word/PDF format in the form of a CD/DVD or flash drive of the executed offer and the Bid Form provided, signed and in a sealed envelope, clearly identified with the bidder’s name, project name and the Regional District of Nanaimo’s name on the outside. 5. Tenders submitted may be withdrawn before the deadline upon written notice to the Superintendent of Arena Services at the address above or by fax to 250-248-3294. 6. Tenders may be amended if received 24 hours prior to bid closing and if endorsed by the same party or parties who signed the tender. Amendments submitted must be delivered in writing to the Superintendent of Arena Services at the address above or by fax to 250-248-3294. 7. Submitted tenders must remain valid for 90 days following the closing time and date. Tenders are irrevocable after the closing time and date. Oceanside Place: Lighting Upgrade 2013 Page 3 8. Bidders must respond to all specifications in order to be considered a valid tender. Tenders having significant obvious errors will be rejected. 9. All prices shall be submitted in Canadian funds only and no authorization to pay in any foreign currency will be permitted. 10. Attached Part III, Form of Tender, must be completed properly in order to be considered. 11. Throughout this Request for Tender, the following terminology shall be used: a) “Contract” means the written agreement resulting from this Request for Tender executed by the Regional District of Nanaimo and the Contractor; b) “Contractor” means the successful bidder to the Request for Tender who enters into a written contract with the Regional District of Nanaimo; c) “Will”, “shall”, “must”, “mandatory”, or “required” means a requirement that must be met in order to be considered; d) “Bidder” means an individual or a company that submits, or intends to submit, a bid in response to this Request for Tender; e) “Should’, desirable’’, or “ask” means a requirement having a significant degree of importance to the objectives of this Request for Tender. 12. The Regional District of Nanaimo reserves the right to reject any and all tenders for any reason or to accept any tender received which the Regional District, in its sole unrestricted discretion deems most advantageous to itself. The lowest or any tender may not necessarily be accepted. The bidder acknowledges the Regional District’s rights under this clause and absolutely waives any right of action against the Regional District for the Regional District’s failure to accept its’ tender whether such right of action arises in agreement, negligence, bad faith or any other cause of action. The acceptance of any tender is subject to approval by the Board of the Regional District or the officer or employee of the Regional District having authority to accept the tender. 13. Unless otherwise requested in writing by the herein designated Regional District employee, a bidder must not contact or communicate with any elected or appointed officer or employee of the Regional District of Nanaimo other than the designated employee in relation to the proposal prior to the award of such tender by the Regional Board (or alternatively the officer or employee of the Regional District of Nanaimo having authority to accept the proposal). Any such communication will result in disqualification of the tender from further consideration. 14. The Regional District of Nanaimo is subject to the provisions of The Freedom of Information and Protection of Privacy Act. As a result, while Section 20 of the Act does offer some protection for third party business interests, the Regional District cannot guarantee that any information provided to the Regional District can or will be held in confidence. Oceanside Place: Lighting Upgrade 2013 Page 4 15. Further information regarding the specifications in this solicitation/tender may be obtained from: John Marcellus-Superintendent of Arena Services Tel 250-248-3252 Fax 250-248-3294 E-mail: jmarcellus@rdn.bc.ca In the Superintendent’s absence, proponents may contact: Dean Banman, Manager of Recreation Services Tel 250-248-3252 Fax 250-248-3294 Email: dbanman@rdn.bc.ca C. Bid Ineligibility 1. Bids that are unsigned, improperly signed, conditional, illegible, obscure, contain mathematical errors, erasures, alterations, or irregularities of any kind may, at the discretion of the Regional District of Nanaimo, be rejected. 2. Bid forms and enclosures, which are improperly prepared, may at the discretion of the Regional District of Nanaimo, be rejected. 3. Tenders submitted after the closing date and time shall be returned to the bidder unopened. D. Meetings 1. Bidders are advised that a pre-tender site meeting is scheduled for July 23, 2013 at 11:00am PDT at Oceanside Place, 830 West Island Highway, Parksville, B.C. for the purpose of responding to bidders and their requests for information regarding the Request for Tender. 2. Bidders are advised that Tender opening will be conducted at Oceanside Place at 10am PDT on August 13, 2013, at which time all bids received will be opened. E. Contract/Bid Documents 1. Bid documents are available only for the purpose of obtaining offers for this project and their use does not confer a license or grant for other purposes. Oceanside Place: Lighting Upgrade 2013 Page 5 2. If discrepancies or omissions are found, or clarification required within the Bid Documents, immediately notify the Superintendent of Arena Services. 3. Addenda may be issued during the bidding period. All addenda shall become part of the contract documents. 4. The Regional District of Nanaimo reserves the right to modify the terms on this Invitation to Tender at any time at its sole discretion. Such modifications shall be communicated to all bidders through formal addendums. 5. Bidders should be advised that the Regional District of Nanaimo posts all competitive bids and any resulting addendums on the Regional District of Nanaimo website at www.rdn.bc.ca . Where in its sole discretion it considers it to be necessary, the Regional District of Nanaimo will issue Addenda to amend any portion of this Invitation to Tender by posting them on the RDN website. Such Addenda will become a part of the Tender document, and will supersede prior information. Addenda issued after the pre-tender meeting will also be supplied. 6. For those bidders who download any competitive bid directly from the RDN website and who have not contacted the Regional District of Nanaimo, it is their sole responsibility to access the RDN website to determine if any addendums have been posted, and to download them. The Regional District of Nanaimo does not maintain a bidder’s registry for documents downloaded from the RDN website, and as a result, are unable to provide addendums in this situation. 7. For those bidders who obtained bid documents from the Regional District of Nanaimo, and not through the RDN website, the Regional District of Nanaimo will formally provide the bidders with the addendum through e-mail or fax transmission. 8. If a bidder finds, during examination of the contract documents, any errors, discrepancies, omissions, ambiguities, or conflicts in or among the Tender documents, or is in doubt as to their meaning, the bidder shall bring them to the attention of the Superintendent of Arenas Services, not later than three (3) days prior to the tender closing date. Such questions shall be forwarded in writing by hand deliver4y, courier, mail, facsimile, or e-mail. At the discretion of the Regional District of Nanaimo, it may be determined to respond by clarifying existing Tender documents to the inquirer only, by issuing an addendum to advise all bidders of additional information, conditions, or essential clarifications, or may elect to decline to respond. F. Bid Submission 1. The tender must be accompanied by either a Bid Bond in an amount of ten (10) percent (%) of the tender price or in the form of a certified cheque made payable to the regional District of Nanaimo in the amount of ten (10) percent (%) of the tender price. The Bid Bonds submitted by Oceanside Place: Lighting Upgrade 2013 Page 6 unsuccessful bidders will be returned to them, without interest, as soon as the successful bidder has delivered to the Regional District of Nanaimo, a fully executed contract for the work, or the period for which tenders are irrevocable has elapsed, whichever shall occur first. 2. The Bid Bond must be issued by a Surety Company licensed to conduct business in the province of B.C. If the successful bidder fails, for any reason, to execute the Contract Agreement, the portion of this Bid Bond will be forfeited to, and retained by the Regional District of Nanaimo for which the Regional District of Nanaimo may legally contract with another party to perform the work, if the latter amount be in excess of the former. 3. The certified cheque submitted by the successful bidder will be retained by the Regional District of Nanaimo and will be returned to the unsuccessful bidders, without interest, as soon as the successful bidder has delivered to the Regional District of Nanaimo, a fully executed contract for the work, or the period for which tenders are irrevocable has elapsed, whichever shall occur first. 4. Any bidder submitting a Letter of Credit as a form of Performance Security agree that the successful bidder should renew the Letter of Credit at least two (2) weeks prior to the expiry date. If possible, an extension clause should be included within the Letter of Credit, such as follows: “ This Letter of Credit shall be deemed to automatically extend, without amendment from year to year, from the present or any future expiration date herein, unless notice is given at least thirty (30) days prior to the present or any future expiration dates”. G. Award Criteria 1. The Regional District of Nanaimo intends to award this tender contract to the bidder that submits the most favorable priced Tender, to the Regional District of Nanaimo, as indicated on Part III, Form of Tender, and that complies with all of the requirements in this tender. However, the lowest or any tender submitted may not necessarily be accepted by the Regional District of Nanaimo, which at its sole discretion, reserves the right to reject any or all tenders. If the Regional District of Nanaimo elects to reject all Tenders, the Regional District of Nanaimo will not be liable to any bidder for any claims, whether for costs, damages incurred by any Bidder in preparing the Tender, loss of anticipated profit in connection with the Contract, or any other matter whatsoever. 2. If the Regional District of Nanaimo elects to reject all tenders, or declines to proceed with project due to funding issues as stated in Section G-3, then the Regional District of Nanaimo will not be liable to any bidder for any claims, whether for costs, damages incurred by any bidder in preparing the tender, loss of anticipated profit in connection with the Contract, submission of application to BC Hydro, or any other matter whatsoever. Oceanside Place: Lighting Upgrade 2013 Page 7 3. This project is contingent upon funding from various sources which includes, but may not be limited to, grants, incentives and project budget. The Regional District of Nanaimo expects all bidders to be “Alliance approved contractors” and that all bidders are providing bids with products that will meet BC Hydro Power Smart Partner Incentive Program approval. The successful bidder shall be expected to submit documentation to BC Hydro for potential incentives or funding that are eligible from BC Hydro for the project. In the event that BC Hydro requires specification changes to the successful tender submission, then the tendered price must remain the same price as the original submission. In the event that funding from all sources does not cover the project amount tendered, then the Regional District of Nanaimo reserves the right to decline proceeding with the project. The execution of the Contract agreement with the successful bidder will occur upon written confirmation of funding for the entire tendered price of the project. H. Evaluation Criteria Tenders will be assessed against the following criteria, which are not intended to be exhaustive and are not ranked in order of preference or priority: 1. Company (35 Points) a. b. c. d. e. Short corporate background, history, overview, and experience of the Contractor; Short corporate background, history, overview, and experience of the Lighting Supplier Key Company personnel and their role and responsibilities OH+S Safety Program Anything else the proponent may wish to include to enhance this section 2. References (25 Points) A separate section for references: Three ( 3) references from locations where similar services have been provided within the past two (2) years. Indicate the term of the contract; provide a name, address and telephone contact numbers. References shall be supplied for Contractor and Lighting Supplier. 3. Financial Information (40 Points) a. An outline of any value added concepts including but not limited to third party insured warranties, programmable controls, color retention, loss of lumens, follow up evaluations or assessments after completion of work, future adaptability of fixtures to other energy sources, b. Availability of parts and consideration of delivery times c. any other information which the proponent believes is relevant to their tender; Oceanside Place: Lighting Upgrade 2013 Page 8 I. Insurance 1. The successful bidder shall provide and maintain Comprehensive General Liability Insurance, acceptable to the Regional District of Nanaimo and subject to the limits of not less than three million dollars ($3,000,000) inclusive, per occurrence for bodily injury, death, damage to property including the loss of use thereof. Prior to commencement of the work for the project, the successful bidder shall provide the Regional District of Nanaimo with a certified true copy of the Comprehensive General Liability Insurance Policy as described in Section H-4 below. 2. All liability insurance policies shall contain an endorsement to provide prior notice of changes and cancellations. Such endorsement shall be in the following form” it is understood that and agreed that the coverage by this policy will not be changed or amended in any way, nor cancelled, until thirty (30) days after written notice of such change or cancellation has been given to the Regional District of Nanaimo”. 3. With the exception of Automobile Liability Insurance, the insurance shall include the Regional District of Nanaimo as an additional insured. Proof of same shall be provided to the Regional District of Nanaimo for verification prior to commencing work on the project. 4. The Comprehensive General Liability Insurance shall have coverage for: a) Premises and Operations Liability b) Products or completed Operations Liability c) Blanket Contractual Liability d) Cross Liability e) Equipment liability ( ie: man lifts) f) Contingent Employer’s Liability g) Personal injury liability arising out of false arrest, a detention or imprisonment, malicious prosecution, libel, slander or defamation of character, invasion of privacy, wrongful eviction or wrongful entry. 5. The successful bidder shall provide and maintain liability insurance in respect to owned and licensed vehicles subject to limits of not less than three million dollars ($3,000,000). J. Offer Acceptance/Rejection 1. Upon acceptance by the Regional District of Nanaimo, a written award notice will be issued to the successful bidder. 2. The Regional District of Nanaimo shall not be obligated in any manner to any bidder until a written agreement has been duly executed relating to an approved tender. Oceanside Place: Lighting Upgrade 2013 Page 9 K. Workers’ Compensation 1. The successful Contractor shall abide by all provisions of the Worker’s Compensation Act of B.C. and upon request from the Regional District of Nanaimo, supply proof that all assessments have been paid and are current. 2. The successful Contractor shall be required to attend a meeting regarding workplace orientation and the applicable Safe Work Practices and Procedures of the Regional District of Nanaimo. 3. The successful Contractor shall ensure that all workers are trained and supervised in accordance with the Workers’ Compensation Act, Division 3, Section 115, and are oriented to the applicable Safe Work Procedures of the Regional District of Nanaimo that pertain to the work being performed.. 4. The successful bidder is required to supply a written Occupational Health and Safety Program, in respect to WSBC Part 3 Rights and Responsibilities of the Regulation, which includes safe work procedures, safety inspection procedures, and procedures for transporting injured workers. The Contractor shall comply with, but not limited to, all regulations that apply to the work being done. This program must identify and provide safety instructions for the work being performed as outlined in the Tender documents. L. Business License The successful Contractor shall be required to provide a copy of their business license for the City of Parksville. M. Indemnity Notwithstanding the providing of insurance coverage by the Contractor, the Contractor hereby agrees to indemnify and save harmless the Regional District of Nanaimo, its officers, servants, employees and each of them from and against claims, demands, losses, costs, damages, actions, suits or proceedings by whomever made, brought or prosecuted and in any manner based upon, arising out of, related to or occasioned by, or attributable to the negligent activities of the Contractor, its servants, agents, employees, or sub-contractors, in providing the services and performing the work of this Contract, excepting always the liability arising solely out of the negligent act or omission of the Regional District of Nanaimo. N. Patent Infringement Bidders may be required to demonstrate to the Regional District of Nanaimo that the products, materials, or processes in their bid do not infringe upon any patent, and that if, for any reason, a claim is subsequently made by anyone suggesting that a patent has been infringed upon and that the Oceanside Place: Lighting Upgrade 2013 Page 10 Regional District of Nanaimo may be liable, such bidder shall indemnify the Regional District of Nanaimo in every respect regarding the claim. O. Purchasing Statement The Regional District of Nanaimo encourages and promotes bidders to submit bids on Goods and Services that may contain elements that may reduce damage to the environment. The Regional District of Nanaimo supports purchasing decisions that achieve the best or favorable value for the District by seeking arrangements that provide the optimum combination of quality, suitability, and sustainability considerations into the contract award process. P. Proposed Timelines The following dates and activities are proposed for the project by the Regional District of Nanaimo. Activity Proposed Date Tender Notification Week of July15-19, 2013 Pre tender Meeting July 23, 2013 Tender Closing August 9, 2013 Tender Opening August 13, 2013 Proposed Contract Completion November 30, 2013 Q. Warranties Bidders shall provide warranties on all components of the LED fixtures, programmable lighting controls, motion sensors and workmanship. Warranties that are underwritten by third party insurers are preferred wherever applicable. The warranties shall be clearly stated and defined in the bid for each component of the fixture including, ballasts, drivers, sensors, lamps, loss of lumens, color retention, surge protection and/or workmanship. Oceanside Place: Lighting Upgrade 2013 Page 11 Part II: Specifications Scope of Work 1. The location of the work to be performed is at Oceanside Place, 830 West Island Highway, in the City of Parksville, B.C. 2. The project shall include the removal and disposal of the existing high bay fixtures which are 320 W metal halide lamps in Section 1 and 250W metal halide lamps in Section 2 as outlined in paragraph 6 below. The removed fixtures are to be recycled and disposed as per environmental guidelines and it is the sole responsibility of the Contractor to perform the removal and disposal. Bidders are requested to provide a disposal program for fixtures and components with their bid submission for the purpose of complying with recycling standards. 3. The project shall also include the installation of energy efficient LED fixtures and lenses to replace the removed fixtures. All components of the LED fixtures shall be ULC or CSA approved and shall be approved products as per BC Hydro requirements and conditions of the BC Hydro Power Smart Partner Incentive Program and qualify for BC Hydro incentives. The Contractor shall work with the Regional District of Nanaimo to submit the application for incentives to BC Hydro. All BC Hydro or other incentives shall remain the property of the Regional District of Nanaimo. 4. The Contractor shall be an “Alliance approved” Contractor and shall be prepared to: a) Register with the BC Hydro Power Smart Partner Incentive Program; b) Submit to the Regional District of Nanaimo, a completed electronic copy of the BC Hydro Power Smart Program lighting spreadsheet within two (2) weeks of the awarding of the contract. c) Accept BC Hydro changes to the proposed lighting components; d) Accept that all of these parameters must be met prior to any work commencing. 5. All work to be performed by the Contractor shall be undertaken in a manner to minimize the impact on the facility user schedule and to the public that enjoy the use of the facility. The Contractor is expected to ensure that work areas are cleaned up and ready for public use after each work period or session. Work shall be coordinated through the Contractor and the Superintendent of Arena Services to ensure that this expectation is achieved. This may result in evening or weekend work to complete the project. A typical facility schedule is outlined in Schedule A. An outline of a proposed work schedule to meet proposed timelines shall be included with the Tender. 6. The Contractor shall ensure that all work performed is in accordance to industry standards and regulations. The installation shall be performed by qualified trade persons experienced in lighting retrofits. Oceanside Place: Lighting Upgrade 2013 Page 12 7. The Contractor shall supply a written Occupational Health and Safety Program, in respect to WSBC Part 3 Rights and Responsibilities of the Regulation, which includes safe work procedures, safety inspection procedures, and procedures for transporting injured workers. 8. The Contractor shall provide notice to Work Safe BC a minimum of 24 hours prior to the commencement of work as per WSBC Part 20.2 “Notice of Project” (NOP). 9. The Regional District of Nanaimo will provide an orientation for the Contractor and workers for the facility and on the Regional District of Nanaimo Operational and Safe Work Procedures that are applicable to the work to be performed. Due to the nature and timing of the work to be performed, the Regional District of Nanaimo shall provide staff to be on site whenever the Contractor is performing work for the project. 10. The Contractor shall supply the equipment required to perform the work. This shall include but not be limited to man lifts, ladders, scaffolding, tools, safety equipment and protection materials, signage and disposal containers. 11. The project shall be divided into two (2) separate sections of work. The Howie Meeker and Victor Kraatz Rinks as Section1, and the Pond and Lobby as Section 2. Section 1 a) Howie Meeker Rink b) Victor Kraatz Rink 96 fixtures 63 fixtures Total: 159 fixtures Section 2 c) Lobby 12 fixtures d) Pond 9 fixtures Total: 21 fixtures 12. All fixtures shall be installed at the same height as existing. Minimum light levels in all areas are to be maintained or exceeded as follows: a) Howie Meeker Rink 75 f/c b) Victor Kraatz Rink 50 f/c c) Lobby 50f/c d) Pond 50f/c 13. Existing voltage is 347 V to all fixtures. 14. In line surge protection shall be provided to protect all of the components of the lighting fixtures. 15. Programmable lighting controls shall be provided that allows motion sensing and for adjusting step down dimming of lighting in three (3) stages for each individual fixture. Oceanside Place: Lighting Upgrade 2013 Page 13 16. The Contractor shall use existing electrical wiring wherever possible. The Contractor shall ensure that damages do not occur to any existing wiring or equipment. 17. The Contractor shall ensure that all materials used for mounting, hanging and securing the fixtures meet or exceed the manufacturer’s specifications. 18. The Contractor shall provide two (2) copies of the necessary instructions to ensure specified operation and maintenance, and for ordering replacement products of all of the lighting components. 19. The Contractor shall provide written warranties on all components of the LED fixtures, programmable lighting controls, motion sensors and workmanship. 20. The Contractor shall ensure that installed fixtures are cleaned upon completion of the project. Oceanside Place: Lighting Upgrade 2013 Page 14 Part III: Form of Tender Bidders must complete this form and sign it. Print Name of Company: ______________________________________________________ To perform the work pursuant to the terms and conditions outlined in the Invitation to Tender outlined herein, F.O.B. Parksville. All charges to complete the project are included in the total tendered amount (s) shown below, unless otherwise stated. TENDERED PRICE: Materials: $_________________________ Labor: $_________________________ Sub Total: $_________________________ PST/GST $_________________________ TOTAL: $_________________________ Attachments Included with Tender: (please check( √)) Disposal Program: ___ OH+S Program ___ Letter of Credit ___ Bid Bond/Cheque ___ Note: Bidders are reminded to complete the pricing section shown above completely in order to be considered. Name of Company Bidding: ___________________________________________________________ Authorized Signature: ________________________ Print Name: __________________________ Position: __________________________ Address: _________________________________________________________________ City: _________________________________________________________________ Postal Code: ______________ Phone No.: ______________ Fax: ____________ E-mail: ______________________________ Oceanside Place: Lighting Upgrade 2013 Page 15 SCHEDULE A Oceanside Place Typical Winter Season Ice Usage Oceanside Place: Lighting Upgrade 2013 Page 16 Oceanside Place: Lighting Upgrade 2013 Page 17 Appendix A Rink Layouts Oceanside Place: Lighting Upgrade 2013 Page 18 Oceanside Place: Lighting Upgrade 2013 Page 19