request for tenders no. 1604 cemetery grounds … tender document.pdfrft no. 1604 cemetery grounds...

RFT No. 1604 Cemetery Grounds Maintenance

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REQUEST FOR TENDERS No. 1604

Cemetery Grounds Maintenance

Issue Date: April 24, 2015 Closing Time: Tenders must be received no later than 3:00 p.m. (15:00

hours), Pacific Time on Tuesday, May 12, 2015 (the “closing time”) at the “closing location”.

Closing Location: City of Nanaimo – Purchasing Department 2020 Labieux Road, Nanaimo, BC V9T 6J9 Phone: (250) 756-5319 Email for PDF files: [email protected]

(Please note: maximum email file size limit is 8MB, or less.)

Specification Clarification: Charlotte Davis, Manager of Sani, Recycling & PW Admin Phone: (250) 756-5307

Email: [email protected] RFT Process Clarification: Silvia Reid, SCMP Buyer Phone: (250) 756-5318 Email: [email protected] Deadline for Questions: Questions after May 7, 2015 Pacific Time will only be

answered at the discretion of the City if time permits. Mandatory Site Meeting Bidders must attend the mandatory site meeting on

Thursday, April 30, 2015, commencing at 8:30 a.m., Pacific Time, at Bowen Cemetery, 555 Bowen Road, Nanaimo B.C (to meet in front of the cemetery building) and move to different locations according to the schedule identified in Section Three, clause 3.1. Attendance at each Site is mandatory.

Confirmation Form: For any further distributed information about this Request

for Tender, please return the Confirmation Form attached as Appendix ‘H’. The City will attempt to send information directly to Bidders that have returned the Confirmation Form, but it is the responsibility of Bidders to ensure that all information has been received by monitoring the City of Nanaimo website at (www.nanaimo.ca) and the BC Bid website at (www.bcbid.gov.bc.ca) regularly up to the “closing time” of this RFT, for updates.

mailto:[email protected]


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TABLE OF CONTENTS Section 1.0 Introduction ........................................................................................................ 3 Section 2.0 Definitions and Interpretation ......................................................................... 3 - 4

Section 3.0 Instructions to Bidders ................................................................................. 4 - 10 Schedule ‘A’ Specifications and Scope of Work ............................................................... 1 - 11 Schedule ‘B’ Invasive and Noxious Plant Species ................................................................... 1 Appendix ‘A’ Draft Form of Services Agreement ............................................................. 1 - 11 Appendix ‘B’ Landscape Maintenance Site Condition Report ............................................. 1 - 2 Appendix ‘C’ Landscape Maintenance Monthly Report ...................................................... 1 - 2 Appendix ‘D’ Prime Contractor General Information Form .................................................. 1 - 3 Appendix ‘E’ Prime Contractor Preconstruction Meeting Form ........................................... 1 – 3 Appendix ‘F’ Contractor Fuel Reporting Consumption Worksheet ........................................... 1 Appendix ‘G’ Bylaw 7012 Pesticide .................................................................................... 1 - 4 Appendix ‘H’ Confirmation Form (Fillable Form) ........................................................................ Appendix ‘I’ Form of Tender (Fillable Form) (Contains Sections 1.0 to Section 9.0) Ariel Maps: Bowen Cemetery Townsite (Chinese) Cemetery Wellington Cemetery


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Section 1.0 Introduction 1.1 Overview

This Request for Tenders (“RFT”) identifies a business opportunity for the successful Bidder to provide Cemetery Grounds Maintenance for three (3) cemeteries as generally described in Schedule ‘A’ Specifications and Scope of Work and in this RFT document. The cemeteries are located in Nanaimo, British Columbia at: 1. Bowen Cemetery, 555 Bowen Road 2. Townsite (Chinese) Cemetery, 1598 Townsite Road 3. Wellington Cemetery, 4700 Ledgerwood Road The City is looking to award the Contract to the successful Bidder on or about May 14, 2015 with the new Contract commencing week of May 18, 2015. The term of the Contract will be for two (2) years, unless cancelled, terminated or extended.

1.2 The City will only consider Tenders from Bidders that meet the following mandatory

requirements: Bidders must attend the mandatory site meeting as described in Section 3.0, clause

3.1.; Tenders must be received by the Purchasing Department no later than the “closing

time”, at the “closing location” of this RFT; and Form of Tender attached as Appendix ‘I’ must be signed by an authorized signatory

of the Contractor. 1.3 It is the intention of the City to enter into a Services Agreement, attached as Appendix

‘A’ with a qualified Contractor with the necessary experience, qualifications, capability and resources to carry out Cemetery Grounds Maintenance for the City.

Section 2.0 Definitions and Interpretation 2.1 Definitions Throughout this RFT, the following definitions will be used:

“Bidder” or plural thereof means the person, company or corporation submitting a Tender to this RFT.

“City” means the City of Nanaimo. “Contractor” means the successful Bidder to this RFT who is awarded a Contract

with the City. “must” “mandatory” “shall” means a requirement that must be met in order for a

Tender to receive consideration. “RFT” means this Request for Tender which is comprised of the following:

RFT 1604 document (Section 1.0 to 3.0 inclusive); Schedule ‘A’ Specifications and Scope of Work; Schedule ‘B’ Invasive and Noxious Plant Specifies; Appendix ‘A’ Draft Form of Services Agreement; Appendix ‘B’ Landscape Maintenance Site Condition Report; Appendix ‘C’ Landscape Maintenance Monthly Report’ Appendix ‘D’ Prime Contractor General Information Report; Appendix ‘E’ Prime Contractor Preconstruction Meeting Form; Appendix ‘F’ Contractor Fuel Reporting Consumption Worksheet Appendix ‘G’ Bylaw 7012 Pesticide;


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Appendix ‘H’ Confirmation Form (Fillable Form); Appendix ‘I’ Form of Tender (Fillable Form); Ariel Maps: Bowen Cemetery, Townsite (Chinese) Cemetery, Wellington

Cemetery (Collectively, the “RFT” documents”)

“Services” means the Cemetery Grounds Maintenance as described generally in Schedule ‘A’ Specifications and Scope of Work.

“Site” or plural thereof means the location where the Services and Work is to be carried out.

“Tender” or plural thereof means the Form of Tender attached as Appendix ‘I’, completed and submitted by a Bidder, including any attachments, in response to this RFT.

“Work” unless the context otherwise requests, means the whole of the work, tools, materials, labour, equipment, travel, and all other expenditures in connection with the Services to complete the Work as set out in Schedule ‘A’ Specifications and Scope of Work.

Section 3.0 Instructions to Bidders 3.1 Mandatory Site Meeting

A mandatory Site meeting will commence at 8:30 a.m., Pacific Time at Bowen Cemetery, 555 Bowen Road, Nanaimo, BC on Thursday April 30, 2015 (Bidders to meet in front of the cemetery building) and then continue to the other Sites in the order listed below. Please be prompt. An initial discussion will take place to discuss the Tender submission requirements, general performance requirements followed by a Site tour. Failure of a Bidder to attend all Sites, properly register and remain present for the duration of each Site meeting will entitle the City in its sole discretion to reject such Bidders Tender. The City will provide a sign-in sheet, which Bidders will be required to sign at each cemetery, as proof of attendance. Order Cemetery Name Address 2nd Townsite (Chinese) Cemetery 1598 Townsite Road, Nanaimo, BC 3rd Wellington Cemetery 4700 Ledgerwood Road, Nanaimo, BC

Questions posted by Bidders and answered at the site meeting may not be further documented or disseminated. Questions which are taken under advisement will be documented and the response will be issued as an addendum.

3.2 RFT Documents and Site Examination

(a) Each Bidder should examine the RFT documents and should make a careful examination of each Site, and investigate and satisfy themselves at their own risk and expense as to all matters relating to the nature of the Services and extend of Work and any and all matters which are referred to in the Specifications and Scope of Work and Request for Tender documents, or which are necessary for the full and proper completion of any Work or are required by the conditions under which the Work must be performed. No allowance will be made subsequently for any error, negligence, interpretation, or misinterpretation on a Bidder’s part.

(b) The City does not make any representations or warranties concerning the completeness or accuracy of the information provided in or with the RFT documents, and each Bidder must evaluate such information as part of its overall assessment of the actual Work required for the Cemetery Grounds Maintenance Contract.


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3.3 Closing Time and Closing Location

Tenders must be received by the Purchasing Department no later than 3:00 p.m. (15:00 hrs), Pacific Time, Tuesday, May 12, 2015 (the “closing time”) by one (1) of the following two (2) methods:

1) By hand/courier delivery to the only acceptable address and department: Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9, clearly marked “RFT No. 1604 Cemetery Grounds Maintenance” attention: Silvia Reid, Buyer and include one (1) hard copy of the Tender 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

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

Late Tenders or Tenders received by facsimile will not be considered. It is the Bidder’s sole responsibility to ensure their Tender is received when, where and how it is specified in this RFT document. The City of Nanaimo is not responsible for lost, misplaced or incorrectly delivered Tenders. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Tenders delivered by hand/courier. Electronically submitted Tenders 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.

3.4 Form of Tender (Appendix ‘I’)

(a) Each Form of Tender must be submitted under the signature of individuals authorized to sign this Form of Tender and bind the Bidder to statements made in response to this RFT.

(b) All blank spaces in the Form of Tender should be completed. Any failure by a Bidder to complete the Form of Tender may result in preference being given to competing Bidders. All prices and notations should be legibly written in a non-erasable medium.

(c) Erasures, interlineations or other corrections should be initialled by an authorized signatory of the Bidder.

(d) In case of conflict between the unit prices and totals, the unit price will govern. 3.5 Clarifications

If a Bidder is in doubt as to the intended meaning of any part of the RFT, or finds errors, omissions, discrepancies or ambiguities, a request for interpretation or correction must be submitted in writing to the following persons:

Specifications: Charlotte Davis, Manager of Sani, Recycling & PW Admin

Phone: (250) 756-5307 Email: [email protected]

RFT Process: Silvia Reid, SCMP Buyer

Phone: (250) 756-5318 Email: [email protected]




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Questions after May 7, 2015 Pacific Time will only be answered at the discretion of the City, if time permits. If deemed necessary by the City, an addendum will be issued in accordance with Section 3.0, clause (3.6) noted below. Information obtained from any other source is not official and is not to be relied upon. No oral conversation will affect or modify the terms of this RFT.

3.6 Addenda

If deemed necessary by the City, any new or additional information will be issued by the City in the form of an Addendum, which shall form part of the RFT. No oral conversation will affect or modify the terms of this RFT or may be relied upon by any Bidder. Any Addenda issued to this RFT will be posted on the City of Nanaimo website at (www.nanaimo.ca), and the BC Bid website at (www.bcbid.gov.bc.ca). It is the sole responsibility of the Bidders to monitor these websites for all posted changes to the original RFT document up to the “closing time” of this RFT. Upon submitted a Tender, Bidders will be deemed to have received notice of all addenda issued.

3.7 Bidders Costs for Tender

Bidders shall be solely responsible for their own expenses in preparing a Tender, attending site meetings, presentations, demonstrations, interviews and subsequent negotiations with the City, if any. The City shall, in no circumstance, be liable to compensate Bidders for such costs, and by submitting a Tender each Bidder shall be deemed to have agreed that it has no claim.

3.8 Revisions to Tenders or Withdrawal

(a) Bidder is entitled to amend its Tender at any time before the deadline for submission of Tenders. Amendments must be received by the “closing time” at the “closing location” as set out above in Section 3.0, clause (3.3).

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

3.9 Irrevocable Tenders

Tenders shall be irrevocable and shall remain open for acceptance by the City for at least thirty (30) calendar days after the RFT “closing date and time”. The City may elect to extend the Tender validity duration beyond thirty (30) calendar days with written notice to the Bidders.

3.10 Permits and Regulations The successful Bidder shall at their own expense, obtain all permits, certificates and

licences required by law for the conduct of the Work and shall comply with all Federal, Provincial, Municipal and City of Nanaimo by-laws and regulations relating to the Services and Work requested in this RFT.

3.11 Minimum Rate of Pay

The Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401 says that:

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Article 31 – Contract or Sub-Contracts Every Contract made by the Employer for construction, remodelling, 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.”

2015 Rate

Labourer: $24.96 per hour Supervisor (Certified Landscape Horticulturist): $32.21 per hour Equipment Operator: $29.10 per hour January 1, 2016 to June 30, 2016 Rate Labourer: $25.21 per hour Supervisor (Certified Landscape Horticulturist): $32.53 per hour Equipment Operator: $29.39 per hour July 1, 2016 to December 31, 2016 Rate Labourer: $25.46 per hour Supervisor (Certified Landscape Horticulturist): $32.86 per hour Equipment Operator: $29.65 per hour

3.12 Insurance

(a) Each Bidder should ensure that it can maintain the insurance described in the Draft Form of Services Agreement attached as Appendix ‘A’, Section 13.0.

(b) Following Contract award, the successful Bidder will be required to provide a certificate of insurance naming the City of Nanaimo as an additional insured within five (5) business days.

3.13 WorkSafeBC

Following Contract award, the successful Bidder will be required to provide a WorkSafeBC clearance letter.

3.14 Prime Contractor Responsibilities

The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafeBC 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 ‘D’ Prime Contractor General Information Form; and Appendix ‘E’ Prime Contractor Preconstruction Meeting Form


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3.15 Lists of Sub-Contractors

(a) Bidders should provide, if applicable on the Form of Tender proposed sub-contractors, specifying the name and address of, and the portion of the Work to be completed by, or the equipment to be supplied by, each proposed sub-contractor.

(b) The City reserves the right to object to any proposed sub-contractors listed on the Form of Tender. If the City objects to a listed sub-contractor, then the City will permit a Bidder to propose a substitute sub-contractor acceptable to the City. A Bidder will not be required to make such a substitution and, if the City objects to a listed sub- Contractor, the Bidder may, rather than propose a substitute sub-contractor consider its Tender rejected by the City and, by written notice, withdraw its Tender.

(c) The Bidder may not sub-contract a substantial part of the Work, as solely determined by the City.

3.16 Conflict of Interest

By submitting a Tender, the Bidder warrants that neither it nor any of its officers, directors, employees or subcontractors, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen or perceived (in the City’s sole and unfettered discretion) to create a conflict of interest.

3.17 No Collusion Bidders must not communicate, directly or indirectly, with any other Bidders (including

through any employees, agents or Contractors) regarding the preparation, content or submission of this Tender. Each Tender must be submitted without any collusion, or knowledge, in the preparation of or about any other Tender. Submission of a Tender to the City is deemed to be a representation and warranty by the Bidder submitting that Tender, that it has complied with the requirements of this clause. If the City determines that a Bidder has violated this clause, the City is entitled to disqualify that Bidder and to reject its Tender as being invalid.

3.18 Solicitation of Council Members and City Staff

Bidders and their agents will not contact any member of the City Council or City Staff with respect to this RFT, other than the City contact named in this document.

3.19 Privilege Provisions The City of Nanaimo (the “City”) reserves the right to:

(a) Reject any and all Tenders, including without limitation the lowest priced Tender, even if the lowest priced Tender conforms in all aspects with the RFT;

(b) Award the Contract to whomever the City, in its sole discretion deems is the “Best Overall Value”, notwithstanding any custom of the trade to the contrary nor anything contained in the RFT;

(c) Accept a Tender in whole or in part; (d) To waive minor informalities, irregularities or other deficiencies in any Tender at its

own discretion; (e) Accept or reject any Tender that is incomplete or contains exceptions and variations

to the terms and conditions of this RFT; (f) Refuse or reject any Tender not properly submitted in accordance with the

requirements of the RFT; (g) Reject any Tender at any time prior to execution of a Services Agreement; (h) Cancel the RFT process at any time before or after the “closing time” for any reason,

and may issue a new RFT, and re-solicit with or without any change being made to the RFT documents;


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(i) Amend or revise the RFT by addenda up to the specified “closing time”; (j) Reduce the Specifications and/or Scope of Work required within the RFT and

negotiate the price to reflect such change after award of a Contract. (k) To assess the ability of the Bidder to perform the Contract and reject any Tender

where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

3.20 Evaluation and Award

The lowest or any Tender will not necessarily be accepted and the City reserves the right to reject any or all Tenders received. In evaluating Tenders, the City shall in its sole and unfettered discretion evaluate Tenders to ensure best value to the City which may include, but is not limited to (the order does not indicate order of importance): (a) The Bidder’s ability to meet the requirements of this RFT, qualifications and

experience with similar work and contracts; (b) Experience and qualifications of Contractor’s personnel assigned to the Work

(includes sub-contractors, if applicable); (c) the Bidder’s experience with similar Contracts; (d) Financial Offer; (e) Environmental Sustainability; (f) References; (g) And any other criteria set out in the RFT. At its sole discretion, the City reserves the right to request clarification or additional information from a Bidder with respect to any Tender, and the City may make such request to only selected Bidders. The City may consider such clarification or additional information in evaluating a Tender. Such clarification(s) will not be construed as correction, revision or negotiation.

The City has the right to enter into over-budget negotiations with the lowest compliant Bidder or a single Bidder, without cancellation of all Tenders or consideration to other Bidders, and to require that Bidder to negotiate with sub-contractors named on their Form of Tender. Any award of a Contract: (a) Will be subject to satisfactory reference checks as determined in the sole discretion

of the City. The City will not enter into a Contract with any Bidder whose references are found to be unsatisfactory; and

(b) Is contingent on approval for the award made by the appropriate City authority as outlined in the City of Nanaimo Bylaw No. 7175.

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

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

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


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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 Tender.

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

3.22 Ownership of Tenders and Freedom of Information and Protection of Privacy Act

All Tenders submitted become the property of the City, and as such are subject to the provisions of British Columbia’s Freedom of Information and Protection of Privacy Act. Respondents who wish to ensure particular parts of their Tender are protected from disclosure under the Act should specifically identify any information or records provided with their Tender that constitute trade secrets, and that are supplied in confidence, and the release of which could significantly harm their competitive position. Information that does not meet all three of the foregoing categories may be subject to disclose to third parties. Please refer to the Freedom of Information and Protection of Privacy Act for further information.

3.23 Working Language of the City

The working language of the City is English and all responses to this RFT must be in English.

3.24 Opening of Tenders Tenders will be opened in Public.

RFT No. 1604 Cemetery Landscape Maintenance Schedule ‘A’ Specifications and Scope of Work

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SCHEDULE ‘A’ SPECIFCATIONS AND SCOPE OF WORK SECTION 1.0 GENERAL (APPLICABLE TO ALL SITES) 1.1 The Contractor shall supply all management, supervision, labour, vehicles, equipment,

tools, materials, licenses, permits and all other items necessary to carry out and complete the Services at each Site as generally described in this Schedule ‘A’ and in accordance with this RFT document.

1.2 The cemeteries and locations of the Work under this Contract are:

Bowen Cemetery located at 555 Bowen Road, Nanaimo, B.C., approximately 10 acres in size;

Townsite (Chinese) Cemetery located at 1598 Townsite Road, Nanaimo, B.C., approximately 2.25 acres in size; and

Wellington Cemetery located at 4700 Ledgerwood Road, Nanaimo B.C., approximately 1 acre in size.

1.3 The Contractor will conduct detailed monthly Site inspections. The Landscape

Maintenance Site Condition Report attached as Appendix ‘B’ is used as the method for recording landscape condition at the start of an Agreement period and as a monthly inspection report.

1.4 The Contractor will submit monthly the following reports no later than the 5th business

day of the month following the service month: (a) Landscape Maintenance Site Condition Report, attached as Appendix ‘B’; and (b) Landscape Maintenance Monthly Report, attached as Appendix ‘C’.

The City reserves the right to carry out random audits of these inspections at its sole discretion. Approved repairs by the City’s Contract Administrator or authorized designate will be performed immediately at the hourly rates stated in Form of Tender, Appendix ‘I’, Section 8.0, clause (8.3)

1.5 The Contractor shall provide and manage all WHMIS Documentation. 1.6 All vandalism, thefts or repairs identified during the scheduled performance of the Work

is to be emailed to the City’s Contract Administrator or authorized designate no later than the next day UNLESS it results in a public safety concern, then the City’s Contract Administrator or authorized designate will be informed immediately.

1.7 During hot weather when the grass goes in a dormant state, mowing may be suspended

for the dry period. Contractor is to adjust their invoicing to reflect this dry period. Suspension of the mowing frequency shall be determined by the City’s Contract Administrator or authorized designate.

1.8 The Contractor is responsible for towing charges or damage occasioned by the condition

of any cemetery property, City streets or lanes. 1.9 The Contractor is responsible for the provision of all offsite disposals of litter and debris

that are removed from the Site. The Contractor is responsible for all fees and costs associated with offsite disposal. The Contractor is responsible for ensuring that the


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chosen disposal site will accept the litter, debris, etc. to be removed and will coordinate all necessary environmental approvals.

1.10 Only those listed personnel and sub-contractors identified on the Form of Tender will be

allowed to work on the Contract. If the Contractor wishes to use alternative personnel or sub-contractor, the Contractor must provide the City’s Contract Administrator their qualifications and experience. The City reserves the right at that point to accept or reject the proposed alternative. If the City accepts this alternative, they will be added to the list of accepted sub-contractors. If the City rejects the alternatives, the Contractor will need to either propose a second alternative.

1.11 All Work must be supervised by someone who has successfully completed Horticulture

two (2) year Technical Program in Landscape Maintenance, as recognized by the BC Landscape and Nursery Association, as well as five (5) years relevant experience in horticultural practice. The Supervisor is not required to be on each Site while daily tasks are being performed, but request to schedule the tasks needed to be performed, inspect the Contractors employees work and correct any deficiencies.

1.12 Any treatments for weed, insect and disease control are to be applied by staff that holds

a current Pesticide Applicators Certificate. 1.13 All tree work must be carried out to International Society of Arboriculture standards,

unless otherwise specified. 1.14 The Contractor must have all their vehicles identified with company name. This must be

fully legible and displayed in a professional manner. 1.15 Work Schedule

(a) The Contractor shall establish a Work Schedule for all elements of Cemetery Grounds Maintenance, which includes sequence of mowing and provide the City with this Schedule after the second week of the Contract commencing. This schedule shall be followed diligently unless authorized by the City’s Contract Administrator or authorized designate. However, the City reserves the right to have the Contractor to change the schedule due to burials, exhumations or unforeseen circumstances. The Contractor will be given twenty-four (24) hours’ notice of any change to the Work Schedule, so the Contractor can re-schedule the Work.

(b) All Work may be performed Monday through Sunday, except for all recognized statutory holidays in British Columbia, scheduled burials or exhumations.

(c) All Work shall be during daylight hours only and shall commence no earlier than 07:00h and finish no later than 20:00h. The City will provide keys to cemeteries which have locking gates.

1.16 Equipment and Materials

(a) The Contractor shall not leave any equipment or vehicles idling and unattended under any circumstance.

(b) The Contractor shall not store any equipment or material on any Site. Equipment and materials are removed at the completion of each day’s work.

(c) The Contractor will supply all vehicles, equipment, tools, materials and supplies necessary to perform the Work under this Contract.

(d) All mowing equipment shall be maintained in good condition with sharp cutting edges. Cutting blades shall be available for inspection by the owner upon request


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and maintenance of cutting edges shall be completed prior to proceeding with the mowing. Equipment shall be modern and kept in first class operating condition.

1.17 Environmental Protection

(a) All Work shall be conducted in accordance with all applicable legislation, guidelines and best management practices of both the Ministry of Environment Lands and Parks and Department of Fisheries and Oceans. The deposit or release of debris or deleterious substances into the drainage system (storm sewer and downstream watercourse) will not be permitted.

(b) The Contractor shall take adequate precautions and actions to prevent pollution of the air, watercourses, groundwater and adjoining lands from the works conducted under this Contract.

(c) The Contractor will report to the City’s Contract Administrator or authorized designate immediately if any hazardous or toxic materials are found or discovered. Such materials are to be left untouched and the area is to be marked and cordoned off to prevent any access to the workers and the public.

1.18 Damage

(a) The Contractor is responsible for repairing any damage, and making good on legitimate claims of the public as a result of the Contractor’s operations or actions.

(b) The Contractor shall conduct operations such that existing plant material and structures are not damaged by the Contractor’s activities.

(c) Any damage to the grave markers and headstones by the Contractor is the responsibility of the Contractor to repair.

(d) Lawnmower and power string trimmer damage to trees constitutes sufficient grounds for replacement and maintenance of plant material.

(e) In the case of plant material, compensation shall include the replacement of and cost to maintain the plant material until it is free to grow.

(f) The Contractor agrees to compensate the City for all damages. The City may deduct the cost from monies payable under Form of Tender, Section 8.0, clause (8.2).

1.19 Existing Systems and Utilities The Contractor shall verify the locations of irrigation systems and take special

precautions to protect existing utility services such as power lines, telephone lines, gas and oil pipelines, water works and drains affected by his operations, at his own cost and shall minimize and be responsible for any damage caused thereby. The Contractor shall at all times and at his own expense, conduct his operations in accordance with the requirements of the utility authorities having jurisdiction.

1.20 Cleaning of Debris The Contractor is solely responsible for the cleaning of all debris deposited, spilled or

tracked on any street, alley or other public places by any of their equipment or vehicles. 1.21 Drains

All drains are to be kept clear and unobstructed to ensure adequate drainage. 1.22 Weed, Insect and Disease Control – Chemical

(a) All chemical application must adhere to Provincial and Federal Regulations and City of Nanaimo Pesticide Use Bylaw No. 7102, attached as Appendix ‘G’. The Contractor shall make themselves familiar with all regulations as these regulations are strictly enforced.


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(b) The Contractor will supply all material and equipment and apply such with due care to the safety of persons and property, to the complete satisfaction of the City of Nanaimo and Ministry of Environment.

(c) Cemeteries are to be kept open, accessible and safe for users during maintenance operations. Signage, where required, is to be placed to advise the public of activities in accordance with Pest Control Licensing and Certificate requirements.

(d) The Contractor is responsible to ensure that the Contractor does not trespass onto private property and that there is no chemical trespass onto grave markers and headstones, private property or private vehicles. The City shall not be held accountable for any trespass, inadvertent or otherwise.

(e) The Contractor shall take every precaution against blown spray, damaging ornamental trees, shrubs and both against broadleaf or coniferous evergreen planting which may be adjacent to the area of work.

(f) Should loss occur of valuable plant material from carelessness or inappropriate use of any chemical, the Contractor will agree to make good such loss to the City or private party and will provide any such plant replacement material as may be directed, to the satisfaction of the City. All costs will be borne by the Contractor.

(g) The Contractor warrants that it will not produce or discharge in any manner or form, directly or indirectly, chemicals or toxic substances into the environment and that all equipment used will not pose a hazard to, or harm or adversely affect anyone coming into contact with it.

1.23 Invasive and Noxious Plant Specifies

The City’s expectation is that Invasive and Noxious Plant Species are removed from the Site as they are visible. A list of invasive and noxious plant species is attached as Schedule ‘B’.

SECTION 2.0 SCOPE OF WORK AND SPECIFICATIONS FOR BOWEN AND

TOWNSITE (CHINESE) CEMETERIES 2.1 Objective

Bowen and Townsite (Chinese) cemeteries are superior groomed by skilled gardeners to present a neat and orderly groomed appearance. Plants are healthy and vigorous. Lawns uniformly green and regularly mowed and trimmed within acceptable height range. Few weeds and no litter or debris. Boundaries are to be kept sharp, even and distinct.

2.2 General

(a) At the Townsite (Chinese) Cemetery, the brush needs to be kept back from the inside of the rock wall facing Dufferin Crescent and mowing to the Townsite Road Edge and grass on Boundary Ave. Outside rock wall.

(b) The area of Work at the Bowen Cemetery extends to road edge of Bowen Road, Howard Avenue, Kerr Street and includes the shrub bed at the cemetery building. Rhododendrons and shrubs need to be maintained to keep shape, form and height.

(c) If visitors are at the cemetery during the time of mowing (not scheduled funerals), the mowing operator shall maintain a distance of thirty (30) meters from the visitors at all times. The public shall be treated respectfully and courteously at all times.

(d) Cut flowers, wreaths and floral offerings may be removed by the Contractor when their condition is considered to be detrimental to the beauty of the Cemetery May 1st to September 30th in any year. October 1 to April 30th only artificial flowers are allowed. Any artificial flowers, wreaths or vases that are removed at the end of each


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season need to be kept and provided to the City’s Contract Administrator or designate, for return to their owners. Under no circumstances may the Contractor remove and dispose of any mementos.

(e) Planting of shrubs or laying of rocks at gravesites is not allowed and if the contractor notices someone doing this, they should discreetly advise them not to, or advise City staff.

(f) There are outside water taps in various locations throughout the cemetery for filling flower vases, etc. If water leaks are noticed anywhere, this information needs to be relayed to City staff for repair.

(g) Any sunken graves need to be marked with a cone and the City’s Contract Administrator or authorized designate notified immediately.

(h) No Contractor shall plant, remove, cut down or (i) No Contractor shall remove shrubs or trees in a cemetery unless authorized by the

City’s Contract Administrator or authorized designate. (j) All Work is to be performed in accordance with the frequencies outlined in the

frequency schedule identified in clause (2.14), in accordance with this Schedule ‘A’, Section 1.0 and Section 2.0.

2.3 Litter / Debris Maintenance

(a) The Contractor will remove all litter and replace with new bag from all garbage cans located at Bowen Cemetery one (1) time per week of each year of Contract.

(b) The Contractor shall ensure that all litter and debris when visible is removed from the Site one (1) time per week January, February, November, December and during each scheduled visit March to October of each Contract year from turf areas, paved areas, walkways, parking lots and landscaped areas.

Note: The City sweeps asphalt roadways and parking areas (3) times per year (spring, summer, fall).

2.4 Mowing

(a) All cut flowers, wreaths and floral offerings and mementos shall be removed from grave sites just prior to mowing and replaced carefully in their original locations immediately after mowing.

(b) All areas in this classification shall be mowed to a height of two and one half inches (2 ½ “) (63mm) at each mowing. Grass clippings shall be removed from grave markers, headstones walkways or paved areas after each mowing. Mowing will be one (1) time during the month of February, November -- two (2) times per month in October, once per week in March and every (5) days May, June, July, August, September of each year of Contract.

(c) Mowing shall not be on recognized British Columbia statutory holidays. (d) Lawn edges and sidewalk edges shall be trimmed, with a string line trimmer, every

two (2) weeks of each year of Contract. All walkways shall be blown clean or swept after trimming to keep the walks clear of all clippings.

(e) Turf areas are to be kept 90% free of weeds, grass clippings, litter and debris. (f) Boundaries are to be kept sharp, even and distinct.

2.5 Trimming of Cemetery Grave Markers and Headstones

Cemetery grave markers and headstones shall be trimmed two (2) times each year of the Contract, to remove the grass growing over the grave markers. All areas trimmed shall be cleaned and waste materials (clippings, etc.) removed from grave makers. Each trimming will be performed the week preceding Mother’s Day and Labour Day. Any


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costs to repair or replace damaged, grave markers or headstones caused by the string line trimmer or lawn mowers shall be the sole responsibility of the Contractor. The Contractor shall bear the full cost for the City to replace any number block, grave marker or headstone that is damaged by the Contractor.

2.6 Edging Lawn

Edging lawn areas consist of removing grass that is growing over walkways, paved areas, curbs and tight to fences and other structures. Edging is done to re-establish the lines of the original landscape layout and to maintain a crisp sharp edge and to make routine trimming easier. Edging or trimming shall be done two (2) times each year of the Contract.

2.7 Soil Testing

(a) Testing will be done utilizing a recognized soil and tissue-testing laboratory. Test results for levels of nitrogen, phosphorous, potassium, calcium, magnesium and micro-nutrients as well as the soil pH, E.C. and C.E.C. are required.

(b) The soil/tissue analysis will provide the basis for lime recommendations and the Contractor will be required to carry out an application program to correct any deficiencies.

2.8 Fertilizers/Lime

(a) All lawns to be fertilized using the correct natural or slow release fertilizer as appropriate type and use of lawn and soil deficiencies.

(b) Lime and/or fertilizer to be blown off grave markers and headstones. (c) Lime in spring of each year of Contract. (d) Fertilize (3) times per year, spring, summer, fall of each year of Contract.

2.9 Aerate Aeration shall be performed in spring, preferably with solid tine; core method is

acceptable of each year of Contract. 2.10 Trees, Shrubs, Hedges

(a) Trim around trees and shrubs every 2nd mowing of each year of Contract. (b) Cultivation of shrub Beds [Townsite (Chinese) Cemetery only] cultivation for weed

control and to improve air and water penetration of soil. Weeds are to be removed and taken off Site. Service (3) times per year (May, July, September).

(c) The Contractor shall inspect and report, to the City’s Contract Administrator or authorized designate any pest and diseases.

(d) Growth control on hedges, all deciduous and evergreen shrubs shall be pruned twice per season to keep shape and form, and to ensure clearance of sidewalks and roadways. All dead, diseased and damaged materials, and sucker growth removed as required.

(e) All invasive climbers such as ivy to be kept from climbing up structures or trees unless otherwise specified.

2.11 Structure [Applicable to Townsite (Chinese) Cemetery]

The Pagoda is to be kept clean and clear of dirt, litter, debris and grass clippings. Contractor to sweep one (1) time per week of each year of Contract. Report graffiti immediately to the City’s Contract Administrator or authorized designate. Contractor not to remove offerings, unless instructed by the City.


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2.12 Irrigation System Maintenance (a) Bowen and Townsite (Chinese) cemeteries have automatic irrigation systems.

Water conservation measures and applicable local/municipal regulations must be adhered to.

(b) Irrigation System shall be on a regularly adjusted basis to ensure all plant areas are in top condition and appearance at all time, and do not suffer from extremes of over or under watering.

(c) Where applicable, adjustments and settings of automatic controllers will be done to establish frequency and length of watering periods to maintain a healthy turf. Sprinkler heads will be adjusted to maintain a proper coverage and pattern.

(d) Irrigation systems will be turned on in the spring and winterized each fall of each year of Contract.

(a) Broken sprinkler heads and hose bibs or any part of the existing system, due to negligence on the part of the Contractor or its employees, agents or subcontractors, will be replaced by the Contractor and shall be of identical size and type unless otherwise agreed to by the City’s Contract Administrator or authorized designate, at no cost to the City.

(b) Broken sprinklers heads and other irrigation or water related problems that were not caused by negligence of the Contractor shall be reported to City’s Contract Administrator or authorized designate for authorization for repair.

2.13 Frequency Schedule

All Work is to be performed in accordance with the frequencies outlined in the Frequency Schedule and in accordance with this Schedule ‘A’, Section 1.0 and Section 2.0.

SCOPE OF WORK

FREQUENCY

GENERAL Graveside Flowers Remove dead or deteriorated flowers or floral

arrangements at least every (2) weeks. DO NOT REMOVE MEMENTOS.

Litter / Debris Litter removal (1) x per week January, February,

November, December and during each scheduled visit March to October 31st.

Debris removal when visible (1) x per week Reporting Monthly the following reports no later than the 5th business

day of the month following the service month: Landscape Maintenance Site Condition Report,

attached as Appendix ‘B’; and Landscape Maintenance Monthly Report, attached as

Appendix ‘C’ TURF AREAS

Mowing Feb / Nov – Mow (1) time per month October - Mow (2) times per month March – Mow (1) time per week May / Jun / Jul / Aug / Sep – Mow every (5) days

Trimming Lawn and Sidewalk Edges

Lawn & sidewalk edges trimmed every (2) weeks during the month of May, June, July, August, September


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SCOPE OF WORK

FREQUENCY

Trimming Grave Markers Headstones

(2) times each year of the Contract. Each trimming the week preceding Mother’s Day and Labour Day of each year of the Contract.

Edging Lawn

(2) times of each year of the Contract.

Fertilization / Lime Fertilize (3) times per year, spring, summer, fall. Lime in spring. Soil testing will be required for lime

recommendations. Aerate

Aerate in spring of each year of Contract. Aeration is not required in 2015.

Weed Control

As required and visible April, May, June, July August, September of each year of Contract. If chemicals are required due to excessive weeds, treatment must be in accordance with the City Pesticide Use Bylaw 7102.

Trees, Shrubs, Hedges

Cultivation [Townsite (Chinese)

Cemetery Only]

Cultivation (3) times of each year of Contract, May, July, September.

Trimming Trim around trees and shrubs every 2nd mow of each year of Contract.

Hedging and Shrubs Prune (2) times annually to maintain height of each year of Contract.

Weeding Shrub beds are weeded as required to keep the appearance of few weeds during April, May, June, July, August, September, October of each year of Contract.

Structure [Applicable to Townsite (Chinese) Cemetery]

Pagoda (1) time per week of each year of Contract.

Sprinkler / Irrigation System

Periodic Sprinkler Checks Periodic checks and removal of debris and sediment as necessary from nozzles to assure proper operation commencing from start-up to shut-down

Watering Adjustments As required to maintain a healthy turf and shrub beds.

Spring Start-up, Fall Shutdown

Timely coordination and performance of annual shut down and spring start up, including blowing out the system as necessary to prevent winter damage. Start-up April, Fall shut-down October of each year of Contract.

Invasive Species Removal

Removed as they are visible of each year of Contract.


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SECTION 3.0 SPECIFICATIONS FOR WELLINGTON CEMETERY

3.1 Objective Wellington Cemetery is Basic Maintenance: Normal appearance, debris removed on schedule Site visits. Maintenance is low, monthly visits to ensure that the vegetation is cut and maintained.

3.2 General

(a) At the Wellington Cemetery the maintenance area includes to the edge of the road Ledgerwood and Cardena Road and trimming and keeping the brush back from fence.

(b) There is no irrigation system at the Wellington Cemetery. (c) If visitors are at the cemetery during the time of mowing (not scheduled funerals), the

mowing operator shall maintain a distance of thirty (30) meters from the visitors at all times. The public shall be treated respectfully and courteously at all times.

(d) Cut flowers, wreaths and floral offerings may be removed by the Contractor when their condition is considered to be detrimental to the beauty of the Cemetery May 1st to September 30th in any year. October 1 to April 30th only artificial flowers are allowed. Any artificial flowers, wreaths or vases that are removed at the end of each season need to be kept and provided to the City’s Contract Administrator or designate, for return to their owners. Under no circumstances may the Contractor remove and dispose of any mementos.

(e) Planting of shrubs or laying of rocks at gravesites is not allowed and if the contractor notices someone doing this, they should discreetly advise them not to, or advise City staff.

(f) Any sunken graves need to be marked with a cone and the City’s Contract Administrator or authorized designate notified immediately.

(g) No Contractor shall plant, remove, cut down or destroy any trees, shrubs, plants, flowers, bulbs or rocks in a cemetery unless authorized by the City’s Contract Administrator or authorized designate.

(h) All Work is to be performed in accordance with the frequencies outlined in the frequency schedule identified in clause (3.2), in accordance with this Schedule ‘A’, Section 1.0 and Section 3.0.

3.3 Mowing

(a) All cut flowers, wreaths, floral offerings and mementos shall be removed from grave sites just prior to mowing and replaced carefully in their original locations immediately after mowing.

(b) All areas in this classification shall be mowed to a height of two and one half inches (2 ½ “) (63mm) at each mowing. Grass clippings shall be removed from grave markers after each mowing. Mowing frequency (1) time per month, March, April, October and (2) times per month May, June, July, August, September of each year of Contract.

(c) Mowing shall not be on recognized British Columbia statutory holidays. 3.4 Trimming of Curbs, Grave Markers and Headstones

Concrete curbs, grave markers and headstones shall be trimmed one (2) times each year of the Contract, to remove the grass growing over the curbs, grave markers and around headstones. All grass clippings shall be removed from grave markers. Each trimming will be performed the week preceding Mother’s Day and Labour Day. Any


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costs to repair or replace damaged, grave markers or headstones caused by the string line trimmer or lawn mowers shall be the sole responsibility of the Contractor. The Contractor shall bear the full cost for the City to replace any number block, grave marker or headstone that is damaged by the Contractor.

3.5 Trimming Brush along Fencing

Trimming to keep brush from back the inside of the fence (3) times per year of Contract, May, July, October.

3.6 Litter / Debris Removal

The Contractor shall ensure that all litter and debris is removed from the Site on each scheduled visit.

3.7 Shrubs, Trees (a) The perimeter of trees, shrubs, ornamental rocks shall maintained trimmed (2) times

each year of the Contract. (b) Growth control on shrubs to be pruned to keep shape and form one (1) time each

year of Contract. (c) The Contractor shall inspect and report, to the City’s Contract Administrator or

authorized designate any pest and diseases. 3.8 Frequency Schedule

All Work is to be performed in accordance with the frequencies outlined in the Frequency Schedule and in accordance with this Schedule ‘A’, Section 1.0 and Section 3.0.

SCOPE OF WORK

FREQUENCY

GENERAL Graveside Flowers Remove dead or deteriorated flowers or floral

arrangements at least every (2) weeks each year of the Contract. DO NOT REMOVE MEMENTOS.

Litter / Debris

During each scheduled visit for each year of the Contract.

Reporting Monthly the following reports no later than the 5th business day of the month following the service month: Landscape Maintenance Site Condition Report,

attached as Appendix ‘B’; and Landscape Maintenance Monthly Report, attached as

Appendix ‘C’ TURF AREAS

Mowing March / April / October – Mow (1) time per month of

each year of Contract May / June / July / August / September – Mow (2)

times per month of each year of Contract Trimming Curbs, grave markers, headstones (2) times each year of

the Contract. Each trimming the week preceding Mother’s Day and Labour Day of each year of Contract.


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SCOPE OF WORK

FREQUENCY

Trimming Brush Along Fencing

(3) times per year of Contract (May, July, October) of each year of Contract.

Trees, Shrubs Perimeter trimmed and shrubs pruned (2) times annually to maintain height of each year of Contract.

Invasive Species Removal

Removed as they are visible of each year of Contract.

SECTION 4.0 EXTRA WORK 4.1 Extra work will be on an “as and when required” basis and must have advance approval

by the City’s Contract Administrator or authorized designate. Extra work will be invoiced at the rates submitted on Appendix ‘A’. Except for grass cuttings all extra work will be on a time and material basis at the hourly rates quoted, with materials charged at actual cost to the Contractor plus the percentage mark-up quoted. Time will be billed for actual time worked at the Site. Receipt for materials must be submitted for re-imbursement by the City.

4.2 Extra work may include, but not be limited to: (a) Additional grass cuttings. (b) Irrigation repairs. (c) Remove goose droppings from grave markers or headstones. (d) Weed Insect, Disease and Pest Detection. (e) Vandalism repairs. (f) Landscape Alterations. (g) Sodding, topdressing and seeding. (h) Re-staking and/or replanting trees and shrubs knocked over as a result of wind,

traffic accidents or vandalism is a provisional sum item. (i) Bark Mulching: Supply horticultural grade bark mulch (Standard, 25mm minus,

Douglas-fir or Hemlock bark chips and fines) for spreading in planted areas. The areas to be included in this operation and the depth to which the mulch is to be applied will be as directed by the City. Areas are to be properly weeded before mulch is spread.

(j) Snow removal and de-icing from walkways, steps, etc. (k) Ground Leveling/Re-Leveling: This work will entail the following as needed: Straightening of grave markers, leveling and straightening out of rows of grave

markers and headstones to cemetery grid. Turf area to be leveled. For sunken graves the turf will be tilled up and topped up

to level with soil, then seeded. For areas that are higher, sod shall be removed, ground tilled up, soil added, then seeded. Other alternative methods can be discussed with the City’s Contract Administrator or authorized designate.

All old sod will be broken up with a rototiller before covering over. All seeding to follow BC Landscape Standards and authorized by City’s Contract

Administrator. 4.3 Except for the grass cuttings, the City reserves the right to conduct the work in-house or,

seek alternate quotes. No commitments or guarantees are made with respect to additional work.

RFT No. 1604 Cemetery Grounds Maintenance Schedule ‘B’ Invasive and Noxious Plant Species

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SCHEDULE ‘B’ INVASIVE AND NOXIOUS PLANT SPECIES Invasive and Noxious Plant Species include the following, and must be removed from all work site locations. The City’s expectation is that Invasive and Noxious Plant Species are removed from sites as they are visible.

Invasive Plant Species consist of:

Bambusa sp. Bamboo Lamiastrum Gleubdolon (Dead-nettle

Lamium) Convolvulus Arvensis (Morning Glory) Lythrum Salicaria (Purple Loosestrife) Cytisus Scoparius (Scotch Broom) Polygonum sp. (Japanese Knotweed) Hedera Helix (English Ivy) Rubus Laciniatus (Himalayan Blackberry) Heracleum Mantegazzianum (Giant Hogweed) Rubus Discolor (Evergreen Blackberry)

Ilex Aquafolium (English Holly) Tanacetum Yulgare (Tansy) Impatiens Glandulifera (Policemen’s Helmet) Vinca Minor (Periwinkle)

Noxious Plant Species consist of:

Annual Sowthistle (Sonchus Ooleraceus) Leafy Spurge (Euphorbia esula) Bohemian Knotweed (Fallopia x Bohemica) Milk Thistle (Silybum marianum) Bur Chervil (Anthriscus Caucalis) North Africa Grass (Ventenata dubia) Canada Thistle (Cirsium Arvense) Perennial Sowthistle (Sonchus arvensis) Common Reed (Phragmites Australis subsp. Australis)

Purple Loosestrife (Lythrum salicaria)

Crupina (Crupina Vulgaris) Purple Nutsedge (Cyperus rotundus) Dalmatian Toadflax (Linaria Dalmatica) Rush Skeletonweed (Chondrilla juncea) Dense-flowered Cordgrass (Spartina Densiflora) Saltmeadow Cordgrass (Spartina patens) Diffuse Knapweed (Centaurea Diffusa) Scentless Chamomile (Matricaria maritima) Dodder (Cuscuta spp.) Smooth Cordgrass (Spartina alterniflora) English Cordgrass (Spartina Anglica) Spotted Knapweed (Centaurea maculosa) Flowering Rush (Butomus umbellatus) Tansy Ragwort (Senecio jacobaea) Garlic Mustard (Alliaria petiolata) Velvetleaf (Abutilon theophrasti) Giant Hogweed (Heracleum mantegazzianum) Wild Oats (Avena fatua) Giant Knotweed (Fallopia sachalinensis) Yellow Flag Iris (Iris pseudacorus) Giant Mannagrass / Reed Sweetgrass (Glyceria maxima)

Yellow Nutsedge (Cyperus esculentus)

Gorse (Ulex europaeus) Yellow Starthistle (Centaurea solstitialis) Himilayan Knotweed (Polygonum polystachyum) Yellow Toadflax (Linaria vulgaris) Hound's-tongue (Cynoglossum officinale) Japanese Knotweed (Fallopia japonica) Jointed Goatgrass (Aegilops cylindrica)

RFT No. 1604 Cemetery Grounds Maintenance Appendix ‘A’ Draft From of Services Agreement

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APPENDIX ‘A’ DRAFT FORM OF SERVICES AGREEMENT Note: This Agreement is provided as a draft only; the Agreement between the City and the successful Bidder will be completed after negotiations have been finalized and will be comprised of the entire Appendix ‘A’ of this RFT, as negotiated.

THIS CONTRACT is made as of the _____ day of __________ 2015. BETWEEN:

CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 (Hereinafter called the “City”) ON THE FIRST PART AND

(Hereinafter Referred to as “Contractor”) ON THE SECOND PART WHEREAS: The Contractor covenants and agrees that it will provide the Cemetery Grounds Maintenance in accordance with this Services Agreement. NOW THEREFORE THIS CONTRACT WITNESSES THAT the City and the Contractor mutually agree as follows: 1.0 Definitions 1.1 In this Services Agreement, the following words and terms, unless the context otherwise

requires will have the meanings as set out below: (a) “Contract” means this Services Agreement between the City and the Contractor

and includes the Contract Documents identified in Section 4.0, including any appendices or, amendments or, attachments or exhibits, all as may be amended or replaced from time to time.

(b) “Site” or plural thereof means the location where the Services and Work is to be carried out.

“Services” means the Cemetery Grounds Maintenance as described generally in Schedule ‘A’ Specifications and Scope of Work.

(c) “Work” unless the context otherwise requests, means the whole of the work, tools, materials, labour, equipment, travel, and all other expenditures in connection with the Services to complete the Work as set out in Schedule ‘A’ Specifications and Scope of Work.


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2.0 Representatives 2.1 The Representative identified below will be the primary point of contact for each party in

the administration of this Services Agreement. Either party may change its Representative or appoint an authorized designate by written notice to the other party.

For the purpose of this Services Agreement, the City designates as its City’s Contract Administrator: [Name, Title] [Address] [Phone] [Cell No.:] [Email]

For the purpose of this Services Agreement, the Contractor designates: [Name, Title] [Address] [Phone] [Cell No.:] [Email]

3.0 Term of Contract 3.1 The Contract will commence on [_______________, 2015] and expire on May 30, 2017,

unless terminated, cancelled or extended. 3.2 The Contract may be extended by mutual agreement in writing by both parties for one

(1) additional year. 3.3 The City shall not incur any liability should it choose not exercise its exclusive option to

extend the Contract. 4.0 Contract Documents 4.1 The terms and conditions of the Contract documents, whether or not actually attached to

this Services will govern the terms of this Contract. The Contract documents are complementary, and what is called for by any one will be as binding as if called for by all. The Contract documents include and consist of: (a) This Agreement, including any amendments to this Agreement; (b) The RFT document including all attachments, the Tender submission, amendments

or addenda to the RFT, including all attachments and appendices; (c) Schedule ‘A’ Specifications and Scope of Work; (d) Schedule ‘B’ Invasive and Noxious Plant Species; (e) Appendix ‘B’ Landscape Maintenance Site Condition Report; (f) Appendix ‘C’ Landscape Maintenance Monthly Report; (g) Appendix ‘E’ Prime Contractor Pre-Construction Meeting Form; (h) Appendix ‘F’ Contractor Fuel Reporting Consumption Worksheet; (i) Appendix ‘G’ Bylaw 7012 Pesticide; (j) Appendix ‘I’ Form of Tender [Appendix ‘I’ as modified from RFT document]; (k) Ariel Maps: Bowen, Townsite (Chinese) and Wellington Cemeteries; (l) Certificate of Insurance naming the City of Nanaimo as an additional insured; (m) Confirmation of Vehicle Insurance Coverage; (n) WorkSafe BC Clearance Letter; (o) City of Nanaimo Business License; (p) The City’s Purchase Order; and


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(q) Those parts not referenced above, but agreed upon by both Parties. 5.0 Business License

5.1 The Contractor and any approved sub-contractors shall obtain and maintain a current

City of Nanaimo Business License or an Inter-Community License for the duration of the Contract term, including any extensions, if granted.

6.0 Fees 6.1 The City shall pay the Contractor for each cemetery the monies stated in the Form of

Tender, Section 8.0, clause (8.2) for Cemetery Grounds Maintenance. Payments will be invoiced for actual Services performed during each month of the Contract year and paid monthly in arrears.

6.2 Extra work will be billed as at the unit or hourly rates quoted on Form of Tender, Section

8.0, clause (8.3). All extra work will be on and “as and when” requested basis by the City’s Contract Administrator or authorized designate. Unit rates bill be billed at the unit rate quoted and hourly rates will be billed actual time worked.

6.3 Materials approved by the City for extra work (i.e. chemicals for pest control, mulching,

repairs, etc.) will be charged at actual cost to the Contractor plus the percentage mark-up quoted on Form of Tender, Section 8.0, (8.4).

7.0 Obligation to Perform Work 7.1 In consideration of the payment(s) to be made by the City to Contractor as specified in

the Contract Documents, and subject to the terms thereof, Contractor agrees to perform the Work in accordance with the Contract Documents and observe and perform all of its obligations thereunder.

8.0 Invoicing and Payment 8.1 Invoices to include:

(a) Company Name, legal address, contact number (b) The City’s purchase order number and Services Agreement No. 1604; (c) Contractor invoice number; (d) Description of Work and site name; (e) Monthly rate per site; (f) Description of all extra approved work and material (to include number of hours,

hourly rate, description of Work, receipt for materials required); (g) Applicable taxes (if any) and grand total of the invoice.

8.2 The City’s standard payment term is Net (30) days from invoice date or completion of

Work, unless prior arrangements have been made with the City’s Contract Administrator. 8.3 The City reserves the right to reject and/or return invoices containing discrepancies for

correction and/or re-invoicing.


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9.0 Changes in the Services 9.1 The City reserves the right in its sole discretion to make changes, additions, or deletions

to the scope or nature of the Services or Scope of Work to be performed in writing to the Contractor without invalidating this Contract.

9.2 In the event any change in the Services or Scope of Work is made by the City, the price

shall be adjusted accordingly in accordance to the rates submitted on the Form of Tender, Appendix ‘I’.

9.3 No change in the Services or Scope of Work shall be binding on the City unless given in

writing by the City’s Contract Administrator or authorized designate. 10.0 Laws, Permits and Regulations 10.1 This Agreement shall be governed by and construed in accordance with the laws of the

Province of British Columbia. 10.2 In carrying out its obligations hereunder, the Contractor shall familiarize itself and comply

with all applicable Provincial, Federal, Municipal, City of Nanaimo by-laws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law and the Contractor shall comply with all the laws applicable to the Services and performance of the Work.

11.0 Environment 11.1 The Contractor shall demonstrate in the performance of the Work that it is

environmentally responsible by complying with all applicable environmental legislation and regulations and taking all reasonable and necessary measures in the performance of the Work to avoid causing negative impacts to the environment. Where negative impacts cannot be avoided, the Contractor shall be solely liable to undertake all reasonable and necessary measures to minimize the effect of such negative impacts.

12.0 Indemnity 12.1 The Contractor shall indemnify and save harmless the City of Nanaimo and its Council

Members, officers, servants, employees, volunteers and agents from and against all claims, demands, proceedings, suits, losses, damages, costs and expenses of whatsoever kind or nature (including, but not limiting the generality of the foregoing, in respect of death, injury, loss or damage to any person or property) arising in any way out of or connected with the Work by the Contractor under this Contract, except to the proportionate extent that such actions, claims, demands, proceedings, suits, losses, damages, costs and expenses were caused by the indemnified parties or any of them.

13.0 Insurance Requirements 13.1 The Contractor must, without limiting the Contractor’s obligations or liabilities and at the

Contractor’s own expense, purchase and maintain throughout the Contract term the following insurances with insurers licensed in Canada in forms and amounts acceptable


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to the City of Nanaimo, and shall also require such insurance to be purchased and maintained by all sub-contractors engaged in connection with the Contract. (a) Commercial General Liability Insurance on an occurrence basis, in an amount not

less than five million ($2,000,000) dollars inclusive per occurrence against death, bodily injury and property damage arising directly or indirectly out of the work or operations of the Contractor, its employees and agents. The insurance will include cross liability and severability of interests such that the coverage shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. The insurance will include, but not be limited to: premises and operators liability, broad form products and completed operations, owners and Contractors protective liability, blanket contractual, employees as additional insured’s, broad form property damage, non-owned automobile, contingent employers liability, broad form loss of use, personal injury, and incidental medical malpractice.

(b) Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Contractor directly or indirectly in the performance of the Services and Work. The limit of liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence.

(c) All Risks Insurance for loss of or damage to all Contractor’s equipment, owned, leased or for which Contractor may otherwise be responsible and used or to be used in the performance of the Services and Work. This insurance shall be for an amount not less than the replacement cost value of the equipment. In the event of loss or damage, Contractor shall if so requested by the City, forthwith replace such lost or damaged equipment. Such All Risks Insurance shall be endorsed to waive all rights of subrogation against the City.

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

(e) 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 13.0, in its sole discretion.

(f) The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property.

14.0 WorkSafe BC 14.1 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: (a) Provide at its own expense the necessary WorkSafe BC compensation coverage for

all its Personnel and partners employed or engaged in the execution of the Services and 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 WorkSafe BC coverage.; and

(d) The Contractor shall, at all times, in providing the Services and otherwise performing its obligations under this Contract, comply with the Workers Compensation Act (British Columbia) and all regulations and orders from time to time in force there under, including the Occupational Health and Safety Regulation, and, upon request


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from the City, provide evidence of any required registration under that Act and evidence of compliance with any requirement under that Act to make any payments or pay assessments;

15.0 Safety 15.1 The Contractor shall:

(a) Be responsible for the protection and safety of all Personnel performing the Work in accordance with applicable law, and for the protection and security of the Work, plant, equipment and materials;

(b) Ensure that its Personnel are properly trained in all applicable safety procedures; (c) Take all reasonable steps to ensure that no person is injured or property damaged or

lost due to the performance of the Work; and (d) Shall effectively warn and protect the General Public and other personnel from any

danger as a result of the work being done. 16.0 Personnel and Sub-Contractors 16.1 The Contractor will:

(a) Provide only personnel who have the qualifications, experience and capabilities to perform the Work; and

(a) Will perform the Work using the personnel and sub-contractors as may be listed in the Form of Tender, and the Contractor will not remove any such listed personnel or sub-contractors from the Work without the prior written approval of the City.

16.2 If the City reasonably objects to the performance, qualifications, experience or suitability

of any of the Contractor’s personnel or sub-contractors then the Contractor will, on written request from the City, replace such personnel or sub-contractor.

16.3 The Contractor is responsible to ensure that any sub-contractor of the Contractor retains

and fully complies with this Contract in forming the sub-contracted obligations. The Contractor will be as fully responsible to the City for acts and omissions of sub-contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.

16.4 Except as provided for in Section 16.0, the Contractor will not engage any personnel or

sub-contractors or assign its obligations under this Contract, in whole or in part, without the prior written approval of the City.

17.0 Site Conduct 17.1 All Contractor’s personnel or sub-contractors, while working in and around the sites,

shall act in a professional manner. The Contractor is to enforce proper discipline and decorum among all Contractor’s personnel or sub-contractors on the sites and is to control, among other things: 1) noise, including music; 2) the use of offensive language; 3) smoking or drinking of alcoholic beverages on the work site; 4) physical violence; 5) thievery; and 6) the transportation of articles or materials deemed hazardous. If the City determines, in its sole discretion, that any labourer need to be removed due to his or her failure to comply with the terms of this provision, the Contractor will remove such personnel or sub-contractor from the work site(s) immediately.


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17.2 All Contractors’ personnel for sub-contractors who may be dealing with the public shall conduct themselves in a courteous and polite manner and shall dress and groom themselves in a standard acceptable to the City.

17.3 All complaints shall be resolved within twenty-four (24) hours. If this is not possible, the

City is to be notified of the complainant, circumstances, time, location and nature of complaint within a further twenty-four (24) hours. Notification to the City of the complaint, does not absolve the Contractor from resolving the situation.

18.0 Inspection of Work Performed 18.1 All Work will be subject to periodic inspection(s) by the City, and the City shall be the

sole judge of the Work in respect to quality and quantity, and decisions of the City, with regards to Work, or any part or parts thereof, shall be final and binding upon the Contractor.

19.0 Non Performance – Withdrawal of Work 19.1 After giving the Contractor two (2) days written notice within which the Contractor may

remedy any delay or non-performance default specified, the City’s Contract Administrator may withdraw any portion of the Services from the Contractor where the Contractor: (a) Is not diligently performing the Work in accordance with the Contract documents,

including so as to meet any dates under the Contract documents, or so as to comply with the requirements of the Specifications and Scope of Work; or

(b) Has not completed any part of the Services within the time specified in the Contract documents.

19.2 The City reserves the step-in right to perform the Contractors work or contract another Contractor to perform the Work. 19.3 The City may seek reimbursement from the Contractor or deduct estimated amount from

the amount owing to the Contractor for any additional cost incurred by the City related to performing the Work.

19.4 Any action taken by the City under this Section 19.0 does not constitute termination of

the Contract and, except for the obligation to complete the Work withdrawn from the Contractor; the Contractor shall not be relieved of any of its obligations under the Contract.

20.0 Termination 20.1 The City may, in its sole discretion and without reason, terminate this Contract upon

thirty (30) days written notice to the Contractor. If the City terminates this Contract under this clause, the Contractor shall be entitled to be paid for all Work satisfactorily performed by the Contractor up to the date of such termination, in accordance with this Contract. The Contractor is not entitled to, and irrevocably waives and releases the City from any and all claims for, any damages or compensation for costs incurred, loss of profit or loss of opportunity, directly or indirectly arising out of termination of this Contract.


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20.2 In addition to the City’s sole option to cancel the Contract before the expiry of the Contract term, the following conditions will also contribute to consideration of Contract cancellation: (a) If the Contractor fails to make delivery of the Services within the time specified, or

fails to perform any other provisions, terms or conditions of the Contract within the time specified, or within a reasonable time if no time is specified;

(b) The expected performance level of the Work is not being performed; or (c) Failure to provide Personnel or subcontractors that is satisfactory to the City; or (d) Unsafe acts that could pose a threat to the safety of City Staff, General Public or

other Personnel; or (e) Unknown Personnel, subcontractor or assignment of Services to others; or (f) Operational or procedural changes that materially affect the original requirements or

Services under Contract; or (g) In the event that the Contractor performs any act or does anything by which the City

shall incur any liability whatsoever; or (h) The Contractor is adjudged bankrupt, becomes insolvent or unable to discharge its

liabilities as they become due, makes an assignment for the benefit of its creditors, is subject to the appointment of a receiver, or a petition of bankruptcy is made against it; or

(i) Any other reason considered appropriate, at the sole discretion of the City. 20.3 Where the Contract is terminated under this Clause 20.0, clause 20.2 the City will pay to

the Contractor such part of Services up to the date of termination and not thereafter. Cancellation shall be in writing and shall not result in any penalty or other charges to the City. Upon termination of the Contract in whole or in part, the City may procure similar Services and the Contractor shall be liable to the City for any excess costs for such similar Services.

21.0 Force Majeure 21.1 Neither party shall be liable for any loss or damage suffered by the other party, directly

or indirectly, as a result of the first party’s failure to perform, or delay in performing, and of its obligation contained in this agreement where such failure or delay is caused by circumstances beyond the first party’s control or which make performance commercially impractical including but not limited to fire, flood, storm, or, other natural disaster, accident or governmental regulations strike or restrictions of any kind.

22.0 Independent Contractor 22.1 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.

23.0 Prime Contractor 23.1 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 Contractor should also understand the general duties of the City as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Contractor


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should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.

24.0 Minimum Rate of Pay 24.1 Collective Agreement Between the City of Nanaimo and Canadian Union of Public

Employees, Local 401 - Article 31 – Contract or Sub-Contracts Every contract made by the Employer for construction, remodelling, 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 the Canadian Union of Public Employees, Local No. 401”. 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 Contract 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 weeks’ 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.

24.2 The minimum rate of pay applicable to this Contract is: 2015 Rate

Labourer: $24.96 per hour Supervisor (Certified Landscape Horticulturist): $32.21 per hour Equipment Operator: $29.10 per hour January 1, 2016 to June 30, 2016 Rate Labourer: $25.21 per hour Supervisor (Certified Landscape Horticulturist): $32.53 per hour Equipment Operator: $29.39 per hour July 1, 2016 to December 31, 2016 Rate Labourer: $25.46 per hour Supervisor (Certified Landscape Horticulturist): $32.86 per hour Equipment Operator: $29.65 per hour


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25.0 Fuel Reporting Consumption 25.1 Commencing on the Contract effective 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 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 attached as Appendix ‘F’.

Submit your completed fuel consumption worksheets to:

Name: [_________________________] Address: [_________________________] Telephone No.: [_________________________] Cell No.: [_________________________] Email: [_________________________]

26.0 Dispute Resolution 26.1 In the event of a dispute arising between the City and the Contractor as to their

respective rights and obligations under the Contract, both parties agree to resolve the dispute by: (a) Frank and open negotiations whereby both parties use their best efforts to resolve

the dispute by mutual agreement including the most Senior Management of both parties.

(b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a mediator to resolve the dispute. All costs to be split equally.

(c) If, after the mediation process is complete and the dispute is not resolved, the parties shall proceed to arbitrations following the rules of procedures as per the British Columbia International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the exception of legal fees, shall be borne equally.

27.0 Amendment to Services Agreement

27.1 Any changes to the Services Agreement after it is issued will be by way of a modification

and will only be legally binding upon prior mutual agreement in writing by the parties to the Services Agreement.

28.0 Non-Assignment 28.1 The Contractor will not be able to assign or otherwise transfer its rights, duties and/or

obligations under this Services Agreement without the prior written consent of the City’s Contract Administrator in consultation with the Manager of Purchasing and Stores.

29.0 Essence of the Contract 29.1 Time shall be of the essence of the Contract.


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30.0 Notices 30.1 Any notice required to be given in this Contract shall be deemed to be duly given to the

City if sent by registered mail address to the City’s Manager of Purchasing and Stores, Purchasing Department at 2020 Labieux Road, Nanaimo, BC V9T 6J9 and to the Contractor if sent by registered mail addressed to the Contractor at the address set forth in the Proposal.

IN WITNESS WHEREOF this Services Agreement has been executed as of the day and year first above written by and on behalf of the parties by their duly authorized officers. If this Services Agreement is executed by more than one person, firm or corporation, it is understood and agreed that all persons, firms or corporations executing this Agreement are jointly and severally liable under and bound by this Services Agreement. CITY OF NANAIMO By its Authorized Signatories ________________________________ ___________________________________ Authorized Signatory CONTRACTOR LEGAL NAME By its Authorized Signatory (ies) __________________________________ ___________________________________ (Print Name, Title Authorized Signatory By its Authorized Signatory (ies) __________________________________ ___________________________________ (Print Name, Title) Authorized Signatory

RFT No. 1604 Cemetery Grounds Maintenance Appendix ‘B’ Landscape Maintenance Site Condition Report

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APPENDIX ‘B’ LANDSCAPE MAINTENANCE SITE CONDITION REPORT Contractor to complete a Landscape Maintenance Site Condition Report for each cemetery, no later than the 5th business day of the month following the service month. MONTH/YEAR: ___________________ SITE: ______________________________

Condition Comments Drains

Fencing – Wood, Chain link

Gates General Appearance

Visible Goose Droppings or Geese Applicable only to Bowen Cemetery

Graffiti

Hardscape Surface Surface Conditions Weed control Curbs/stops/dividers

Irrigation System Heads/risers Coverage Controllers/settings

Invasive and Noxious Plant Species

Structure Applicable only to Townsite (Chinese) Cemetery

Pagoda

Entrance Archway Rock Wall Visible Damage

Visible Weeds Shrubs / Shrub Beds/ Trees / Major Plants

Plant Conditions Pest/Disease Control Weed Control

RFT No. 1604 Cemetery Grounds Maintenance Appendix ‘B’ Landscape Maintenance Site Condition Report

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Condition Comments Trees General Condition

Water/Moisture Pest/Disease Control Pruning repair Stakes/wires/anchors Base Damage/Girdling Fertilization

Turf General Appearance Mowing Height Water/Moisture Edging & Trimming Weed control Fertilization

Weed, Insect, Disease and Pest Control - Chemical

Other identified maintenance which require attention

RFT No. 1604 Cemetery Landscape Maintenance Appendix ‘C’ Landscape Maintenance Monthly Report

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APPENDIX ‘C’ LANDSCAPE MAINTENANCE MONTHLY REPORT Contractor to note this Landscape Maintenance Monthly Report may not list all the Services and Work required for each cemetery, but is only a general overview of the monthly maintenance Work performed. Contractor is required to submit this form no later than the 5th business day of the month following the service month. Month/Year: _________________________________ Scope of Work Work Done This Month Problems Needing Attention (Identify

Problem and Cemetery) Bowen Townsite (Chinese)

Wellington

Aerate

Cultivation Shrub Beds

Edging Tree Wells and Shrub Beds

Edging Lawn

Fertilization (Does not apply to Wellington Cemetery)

Graveside Flowers

Hedging and Shrubs Prune

Invasive and Noxious Plant Species

Lime (Does not apply to Wellington Cemetery)

Mowing

Removal of debris from walkways and roadways

Trimming perimeter of trees, shrubs

RFT No. 1604 Cemetery Landscape Maintenance Appendix ‘C’ Landscape Maintenance Monthly Report

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Scope of Work Work Done This Month Problems Needing Attention (Identify Problem and Cemetery) Bowen Townsite

(Chinese) Wellington

Sprinkler / Irrigation

Trim Grave Markers and Headstones

Trim Lawn and Sidewalk Edges

Hard Surface Maintenance

Litter Removal from Garbage Cans (Only applicable to Bowen Cemetery)

Litter/ Debris Cleanup

Weeding of Shrub Beds

Weed, Insect, Disease and Pest Control - Chemical

Scope of Work Work Done This Month Problems Needing Attention (Identify

Problem and Cemetery) Bowen Townsite (Chinese)

Wellington

Other Contract Work not listed above, (Work which is included in the Contract Price)

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Prime Contractor General Information Form

APPENDIX ‘D’

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,

(a) 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

(b) 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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• 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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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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Prime Contractor

Preconstruction Meeting Form APPENDIX “E”

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.

Confirms the Prime contractor’s safework procedures and risk assessments were prepared by, or approved by a Qualified Person as defined by WorkSafe BC OH&S Regulations.

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 'F' 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)

CITY OF NANAIMO

BYLAW NO. 7102

A BYLAW TO REGULATE THE USE OF PESTICIDES IN THE CITY OF NANAIMO

WHEREAS the residents of the City of Nanaimo are concerned about the nonessential use of pesticides and the risk that pesticides may pose to the natural environment;

AND WHEREAS the application of pesticides contributes to the cumulative chemical load absorbed by the natural environment;

AND WHEREAS pesticides cannot be necessarily confined to a single location but moved through the environment in the air, land and water and may have an impact on non-target organisms and plants;

AND WHEREAS alternatives to the application of pesticides exists;

AND WHEREAS municipalities have jurisdiction to pass bylaws regulating the application of pesticides pursuant to sections 8(3)(j) and 9 of the Community Charter and B.C. Reg. 144/2004 (Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation);

AND WHEREAS Council of the City of Nanaimo wishes to regulate the use of pesticides for non-essential purposes within Nanaimo;

NOW THEREFORE the Council of the City of Nanaimo in open meeting assembled, enacts as follows: 1. Title

This Bylaw may be cited for all purposes as “PESTICIDE USE BYLAW 2010 NO. 7102”. 2. Definitions

In this bylaw:

“ALIEN INVASIVE SPECIES”

means the species of plants listed in sections 1 and 2 of the schedule to BC Reg. 144/2004 (The Spheres of Concurrent Jurisdiction – Environment and Wildlife Act).

Bylaw 7102 Page 2

“CERTIFIED PESTICIDE APPLICATOR”

means a person who maintains a valid Pesticide Applicator Certificate issued pursuant to the Integrated Pest Management Act (British Columbia) and the Integrated Pest Management Regulation No. 604-2004, as amended from time to time and a valid and current Pest Management Accreditation with Plant Health BC.

“CITY” Means the City of Nanaimo.

“EXCLUDED PESTICIDE” means a pesticide listed in Schedule 2 of the Integrated Pest Management Regulation, BC Reg. No. 604/2004, as amended from time to time.

“FARM” means land classified as farm land under the Assessment Act (British Columbia), as amended from time to time.

“PEST” means an injurious, noxious, or troublesome living organism, but does not include a virus, bacteria, fungus, or internal parasite that exists on or in humans or animals.

“PESTICIDE” means a micro-organism or material that is represented, sold, used, or intended to be used to prevent, destroy, repel or mitigate a pest and includes: (1) a pest control product as defined in the Pest

Control Products Act (Canada), as amended from time to time;

(2) a substance that is classified as a pesticide under the Integrated Pest Management Act (British Columbia), as amended from time to time; and,

(3) a plant growth regulator, plant defoliator or plant desiccant.

“PRIVATE LAND” means a parcel or part of a parcel, in the City, that is used

for residential purposes.

“PUBLIC LAND” means land vested in the City. 3. Prohibitions

Subject to section 4, no person, owner or occupier of land, shall use or apply a pesticide or grant permission or authority to use or apply a pesticide for the non-essential purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants or turf on Private Land or on Public Land. In this section “maintaining”, includes the control, suppression or eradication of a pest.

Bylaw 7102 Page 3 4. Exceptions

This Bylaw does not apply to a Pesticide that is:

(1) an Excluded Pesticide; (2) applied for the management of pests that transmit human diseases; (3) applied for the management of pests that impact agriculture or forestry; (4) applied to the inside or outside of a building or greenhouse; (5) applied on a residential area of a Farm; (6) applied on lands used for the purposes of agriculture, farms, forestry,

transportation, public utilities or pipelines unless the public utility or pipeline is vested in the City;

(7) applied to public or private swimming pools; or, (8) applied for the control of or eradication of an alien invasive species of plant;

5. Offences and Penalties

A person who contravenes, violates or fails to comply with any provision of this bylaw, or who suffers or permits any act or thing to be done in contravention or violation of this bylaw, or who fails to do anything required by this bylaw, commits an offence and shall be liable, upon conviction, to a fine of not more than $10,000.00 and not less than the fines prescribed in Schedule “A” of this Bylaw , the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter (British Columbia) or the Offence Act (British Columbia), as amended from time to time. Each day that an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence.

6. Schedules

(1) The schedule in this Bylaw forms a part of this Bylaw and is enforceable in the same manner as this Bylaw;

(2) Council authorizes that Schedule “A” may be established by Resolution.

7. Severability

If any section or provision of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the validity of the remainder of the Bylaw shall not be affected.

Bylaw 7102 Page 4 8. Effective Date

This Bylaw comes into force and effect on 2011-APR-04. PASSED FIRST READING 2010-APR-12 PASSED SECOND READING 2010-APR-12 PASSED THIRD READING 2010-APR-12 ADOPTED 2010-APR-26

J. R. RUTTAN MAYOR

I. HOWAT

DIRECTOR LEGISLATIVE SERVICES

Bylaw 7102

SCHEDULE “A”

OFFENCE SECTION MINIMUM FINE Apply Pesticide Contrary to Bylaw

3.0 $250.00

Pine StPine StPine StPine StPine StPine StPine StPine StPine St

Craig StCraig StCraig StCraig StCraig StCraig StCraig StCraig StCraig St

Kerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr StManning St

Manning St

Manning St

Manning St

Manning St

Manning St

Manning St

Manning St

Manning St

Craig StCraig StCraig StCraig StCraig StCraig StCraig StCraig StCraig St

Kerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr St

How

ard AveH

oward Ave

How

ard AveH

oward Ave

How

ard AveH

oward Ave

How

ard AveH

oward Ave

How

ard Ave

Bowen RdBowen RdBowen RdBowen RdBowen RdBowen RdBowen RdBowen RdBowen Rd

555

555

555

555

555

555

555

555

555

First StFirst StFirst StFirst StFirst StFirst StFirst StFirst StFirst St

Kerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr StKerr St

555 Bowen Road

Arial Map of Bowen Cemetery

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Grah

am C

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am C

res

Grah

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res

Grah

am C

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Grah

am C

res

Grah

am C

res

Grah

am C

res

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Boundary Cres

Dufferin CresDufferin CresDufferin CresDufferin CresDufferin CresDufferin CresDufferin CresDufferin CresDufferin Cres

Townsite RdTownsite RdTownsite Rd

Townsite RdTownsite Rd

Townsite RdTownsite RdTownsite Rd

Townsite Rd

1598

1598

1598

1598

1598

1598

1598

1598

1598

1598 Townsite Road

Arial Map of Chinese Cemetery

Card

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RdCa

rden

a Rd

Card

ena

RdCa

rden

a Rd

Card

ena

RdCa

rden

a Rd

Card

ena

RdCa

rden

a Rd

Card

ena

Rd

Jordan AveJordan AveJordan AveJordan AveJordan AveJordan AveJordan AveJordan AveJordan Ave

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

Ledgerwood Rd

4700

4700

4700

4700

4700

4700

4700

4700

4700

4700 Ledgerwood

Arial Map of Wellington Cemetery