REQUEST FOR PROPOSALS
Title:
Construction Management at Risk
Surrey Nature Centre Education Building Renovations
Reference No.:
1220-30-08-10
FOR CONSTRUCTION SERVICES
TABLE OF CONTENTS
1.
INTRODUCTION ................................................................................................................. 1
1.1
1.2
2.
INSTRUCTIONS TO PROPONENTS .................................................................................. 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
3.
Package ...................................................................................................................... 4
Form of Proposal ......................................................................................................... 4
Signature ..................................................................................................................... 4
EVALUATION AND SELECTION ....................................................................................... 5
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5.
Closing Time and Address For Proposal Delivery ........................................................ 2
Information Meeting ..................................................................................................... 2
Number of Copies........................................................................................................ 2
Late Proposals............................................................................................................. 3
Amendments to Proposals ........................................................................................... 3
Inquiries ....................................................................................................................... 3
Addenda ...................................................................................................................... 3
Examination of Contract Documents and Site .............................................................. 4
Opening of Proposals .................................................................................................. 4
Status Inquiries ............................................................................................................ 4
PROPOSAL SUBMISSION FORM AND CONTENTS ........................................................ 4
3.1
3.2
3.3
4.
Purpose ....................................................................................................................... 1
Definitions.................................................................................................................... 1
Evaluation Team.......................................................................................................... 5
Evaluation Criteria ....................................................................................................... 5
Discrepancies in Proponent's Financial Proposal......................................................... 6
Litigation ...................................................................................................................... 6
Additional Information .................................................................................................. 6
Interviews .................................................................................................................... 6
Negotiation of Contract and Award .............................................................................. 7
GENERAL CONDITIONS ................................................................................................... 7
5.1
5.2
5.3
5.4
5.5
5.6
No City Obligation ........................................................................................................ 7
Proponent’s Expenses ................................................................................................. 7
No Contract ................................................................................................................. 7
Conflict of Interest ........................................................................................................ 8
Solicitation of Council Members and City Staff............................................................. 8
Confidentiality .............................................................................................................. 8
SCHEDULE A – SERVICES
SCHEDULE B – CONTRACTS
SCHEDULE C – FORM OF PROPOSAL
i
REQUEST FOR PROPOSALS
1.
INTRODUCTION
1.1
Purpose
The purpose of this RFP is to select a service provider (or service providers) to perform
the services (“Services”) described in Schedule A.
1.2
Definitions
In this RFP the following definitions shall apply:
“City” means the City of Surrey;
“City Representative” has the meaning set out in section 2.6;
“City Website” means www.surrey.ca;
“Closing Time” has the meaning set out in section 2.1;
“Contract” means a formal written contract between the City and a Preferred Proponent
to undertake the Services, the preferred form of which is attached as Schedule B;
“Evaluation Team” means the team appointed by the City;
“Information Meeting” has the meaning set out in section 2.2;
“Preferred Proponent(s)” means the Proponent(s) selected by the Evaluation Team to
enter into negotiations for a Contract;
“Proponent” means an entity that submits a Proposal;
“Proposal” means a proposal submitted in response to this RFP;
“RFP” means this Request for Proposals;
“Services” includes goods and has the meaning set out in Schedule A;
“Site” means the place or places where the Services are to be performed; and
“Statement of Departures” means Schedule C-1 to the form of Proposal attached as
Schedule C.
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2.
INSTRUCTIONS TO PROPONENTS
2.1
Closing Time and Address for Proposal Delivery
Proposals must be received at the office of:
Kam Grewal, BBA, CMA
Acting Purchasing & A/P Manager
Address:
6645 – 148 Street
Surrey, BC V3S 3C7
Tel: 604-590-7274
on or before the following date and time (the “Closing Time”):
Time: 3:00 pm PST
Date: May 3, 2010
Submissions by fax or email will not be accepted. There will be no extension to the
Closing Time for the submission of Proposals.
2.2
Information Meeting
An information meeting may be hosted by the City Representative to discuss the City’s
requirements under this RFP (the “Information Meeting”). While attendance is at the
discretion of Proponents, Proponents who do not attend will be deemed to have
attended the Information Meeting and to have received all of the information given at the
Information Meeting.
Information Meeting:
Date:
April 28, 2010
Time:
10:00 a.m. to 11:00 a.m.
Location:
Surrey Nature Centre,
14255 – 96th. Avenue, Surrey, BC
2.3
Number of Copies
Proponents should submit the original plus 4 hard copies (5 in total) of their Proposals.
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2.4
Late Proposals
Proposals received after the Closing Time will not be accepted or considered. Delays
caused by any delivery, courier or mail service(s) will not be grounds for an extension of
the Closing Time.
2.5
Amendments to Proposals
Proposals may be revised by written amendment, delivered to the location set out
above, at any time before the Closing Time but not after. An amendment must be signed
by an authorized signatory of the Proponent in the same manner as provided by section
3.3. Fax amendments are permitted, but such fax may show only the change to the
proposal price(s) and in no event disclose the actual proposal price(s). A Proponent bears
all risk that the City’s fax equipment functions properly so as to facilitate timely delivery of
any fax amendment.
2.6
Inquiries
All inquiries related to this RFP should be directed in writing to the person named below
(the “City Representative”). Information obtained from any person or source other than
the City Representative may not be relied upon.
Kam Grewal – Acting Purchasing & A/P Manager
Address:
6645 – 148 Street, Surrey, BC V3S 3C7
Phone:
604-590-7274
Fax:
604-599-0956
Email:
purchasing@surrey.ca
Inquiries should be made no later than five (5) days before Closing Time. The City
reserves the right not to respond to inquiries made within five (5) days of the Closing
Time. Inquiries and responses will be recorded and may be distributed to all Proponents
at the discretion of the City.
Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts
as to the meaning or intent of any provision, should immediately notify the City
Representative. If the City determines that an amendment is required to this RFP, the
City Representative will issue an addendum in accordance with section 2.7. No oral
conversation will affect or modify the terms of this RFP or may be relied upon by any
Proponent.
2.7
Addenda
If the City determines that an amendment is required to this RFP, the City
Representative will post a written addendum on the City Website that will form part of
this RFP. No amendment of any kind to the RFP is effective unless it is posted in a
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formal written addendum on the City Website. Upon submitting a Proposal, Proponents
will be deemed to have received notice of all addenda that are posted on the City
Website.
2.8
Examination of Contract Documents and Site
Proponents will be deemed to have carefully examined the RFP, including all attached
Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a
Proposal with respect to any and all facts which may influence a Proposal.
2.9
Opening of Proposals
The City intends to open Proposals in private but reserves the right to open Proposals in
public at its sole discretion.
2.10
Status Inquiries
All inquiries related to the status of this RFP, including whether or not a Contract has
been awarded, should be directed to the City Website and not to the City
Representative.
3.
PROPOSAL SUBMISSION FORM AND CONTENTS
3.1
Package
Proposals should be in a sealed package, marked on the outside with the Proponent's
name, title of the Project and reference number.
3.2
Form of Proposal
Proponents should complete the form of Proposal attached as Schedule C, including
Schedules C-1 to C-5. Proponents are encouraged to respond to the items listed in
Schedules C-1 to C-5 in the order listed. Proponents are encouraged to use the forms
provided and attach additional pages as necessary.
3.3
Signature
The legal name of the person or firm submitting the Proposal should be inserted in
Schedule C. The Proposal should be signed by a person authorized to sign on behalf of
the Proponent and include the following:
(a)
If the Proponent is a corporation then the full name of the corporation should be
included, together with the names of authorized signatories. The Proposal
should be executed by all of the authorized signatories or by one or more of them
provided that a copy of the corporate resolution authorizing those persons to
execute the Proposal on behalf of the corporation is submitted;
(b)
If the Proponent is a partnership or joint venture then the name of the partnership
or joint venture and the name of each partner or joint venturer should be
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included, and each partner or joint venturer should sign personally (or, if one or
more person(s) have signing authority for the partnership or joint venture, the
partnership or joint venture should provide evidence to the satisfaction of the City
that the person(s) signing have signing authority for the partnership or joint
venture). If a partner or joint venturer is a corporation then such corporation
should sign as indicated in subsection (a) above; or
(c)
If the Proponent is an individual, including a sole proprietorship, the name of the
individual should be included.
4.
EVALUATION AND SELECTION
4.1
Evaluation Team
The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation
Team. The Evaluation Team may consult with others including City staff members, third
party consultants and references, as the Evaluation Team may in its discretion decide is
required. The Evaluation Team will give a written recommendation for the selection of a
Preferred Proponent or Preferred Proponents to the City.
4.2
Evaluation Criteria
The Evaluation Team will compare and evaluate all Proposals to determine the
Proponent's strength and ability to provide the Services in order to determine the
Proposal which is most advantageous to the City, using the following criteria:
(a)
Experience, Reputation and Resources
The Evaluation Team will consider the Proponent's responses to items (i) to (xi)
in C-2 of Schedule C.
(b)
Technical
The Evaluation Team will consider the Proponent's responses to items (i) to (viii)
in C-3 of Schedule C.
(c)
Financial
The Evaluation Team will consider the Proponent's response to C-5 of
Schedule C.
(d)
Statement of Departures
The Evaluation Team will consider the Proponent's response to C-1 of
Schedule C.
The Evaluation Team will not be limited to the criteria referred to above, and the
Evaluation Team may consider other criteria that the team identifies as relevant during
the evaluation process. The Evaluation Team may apply the evaluation criteria on a
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comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to
another Proponent's Proposal. All criteria considered will be applied evenly and fairly to
all Proposals.
4.3
Discrepancies in Proponent's Financial Proposal
If there are any obvious discrepancies, errors or omissions in Appendix 4 of a Proposal
(Proponent's Financial Proposal), then the City shall be entitled to make obvious
corrections, but only if, and to the extent, the corrections are apparent from the Proposal
as submitted, and in particular:
4.4
(a)
if there is a discrepancy between a unit price and the extended total, then the unit
prices shall be deemed to be correct, and corresponding corrections will be made
to the extended totals;
(b)
if a unit price has been given but the corresponding extended total has been
omitted, then the extended total will be calculated from the unit price and the
estimated quantity;
(c)
if an extended total has been given but the corresponding unit price has been
omitted, then the unit price will be calculated from the extended total and the
estimated quantity.
Litigation
In addition to any other provision of this RFP, the City may, in its absolute discretion,
reject a Proposal if the Proponent, or any officer or director of the Proponent submitting
the Proposal, is or has been engaged directly or indirectly in a legal action against the
City, its elected or appointed officers, representatives or employees in relation to any
matter.
In determining whether or not to reject a Proposal under this section, the City will
consider whether the litigation is likely to affect the Proponent’s ability to work with the
City, its consultants and representatives and whether the City’s experience with the
Proponent indicates that there is a risk the City will incur increased staff and legal costs
in the administration of the Contract if it is awarded to the Proponent.
4.5
Additional Information
The Evaluation Team may, at its discretion, request clarifications or additional
information from a Proponent with respect to any Proposal, and the Evaluation Team
may make such requests to only selected Proponents. The Evaluation Team may
consider such clarifications or additional information in evaluating a Proposal.
4.6
Interviews
The Evaluation Team may, at its discretion, invite some or all of the Proponents to
appear before the Evaluation Team to provide clarifications of their Proposals. In such
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event, the Evaluation Team will be entitled to consider the answers received in
evaluating Proposals.
4.7
Negotiation of Contract and Award
If the City selects a Preferred Proponent or Preferred Proponents, then it may:
(a)
enter into a Contract with the Preferred Proponent(s); or
(b)
enter into discussions with the Preferred Proponent(s) to clarify any outstanding
issues and attempt to finalize the terms of the Contract(s), including financial
terms. If discussions are successful, the City and the Preferred Proponent(s) will
finalize the Contract(s); or
(c)
if at any time the City reasonably forms the opinion that a mutually acceptable
agreement is not likely to be reached within a reasonable time, give the Preferred
Proponent(s) written notice to terminate discussions, in which event the City may
then either open discussions with another Proponent or terminate this RFP and
retain or obtain the Services in some other manner.
5.
GENERAL CONDITIONS
5.1
No City Obligation
This RFP is not a tender and does not commit the City in any way to select a Preferred
Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and
the City reserves the complete right to at any time reject all Proposals, and to terminate
this RFP process.
5.2
Proponent’s Expenses
Proponents are solely responsible for their own expenses in preparing, and submitting
Proposals, and for any meetings, negotiations or discussions with the City or its
representatives and consultants, relating to or arising from this RFP. The City and its
representatives, agents, consultants and advisors will not be liable to any Proponent for
any claims, whether for costs, expenses, losses or damages, or loss of anticipated
profits, or for any other matter whatsoever, incurred by the Proponent in preparing and
submitting a Proposal, or participating in negotiations for a Contract, or other activity
related to or arising out of this RFP.
5.3
No Contract
By submitting a Proposal and participating in the process as outlined in this RFP,
Proponents expressly agree that no contract of any kind is formed under, or arises from,
this RFP, prior to the signing of a formal written Contract.
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5.4
Conflict of Interest
A Proponent shall disclose in its Proposal any actual or potential conflicts of interest and
existing business relationships it may have with the City, its elected or appointed officials
or employees. The City may rely on such disclosure.
5.5
Solicitation of Council Members and City Staff
Proponents and their agents will not contact any member of the City Council or City staff
with respect to this RFP, other than the City Representative named in section 2.6, at any
time prior to the award of a contract or the cancellation of this RFP.
5.6
Confidentiality
All submissions become the property of the City and will not be returned to the
Proponent. All submissions will be held in confidence by the City unless otherwise
required by law. Proponents should be aware the City is a “public body” defined by and
subject to the Freedom of Information and Protection of Privacy Act of British Columbia.
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SCHEDULE A – SERVICES
General
This RFP project is for the Surrey Nature Centre Education Building located at the Surrey
Nature Centre at Green Timbers Urban Forest, Fraser Highway and 96th Avenue, Surrey, BC.
The Proponent’s team will consist of professionals combining skills and experience in PreConstruction Management and General Construction.
Background
The Surrey Nature Centre Education Building is an existing one storey storage warehouse that
is to be renovated to provide space for nature education programs and displays. The existing
facility is approximately 4,000 sq ft. and no additional space is to be added.
Project Goal
The goal of this project is to renovate the existing facility to upgrade the mechanical and
electrical systems, the building envelope and interior finishes to provide affordable high quality
space for nature education and natural displays. The maximum construction cost budget is
$400,000. There will be absolutely no cost increases allowed without the prior written approval
from the City. Invoices for any services not pre-approved by the City will not be paid. The 10
pages of Drawings can be viewed as a PDF document separately on the Website.
Work on the project will be scheduled, phased and completed to minimize the impact on the
normal day-to-day operation of the adjacent buildings and exterior spaces, although the
construction team will have complete access to the Education Building itself, and an
appropriately sized staging and lay down space beside the building.
Objectives
The project will be developed with ongoing input from a staff project team and an Architectural
team that will oversee the work of the Construction Manager at Risk during the Pre-construction
and bidding phase of this project. Together with the Architectural team and the staff project
team, the Construction Manager at Risk will assist the City in achieving the following objectives:





Familiarize itself with the project’s background, public consultation processes to date,
departmental procedures, concept plan and site characteristics
Validate and further detail the project program and cost estimates
Work with the Architectural team and the staff project team to build upon the existing
concept plan
Provide order of magnitude cost estimates for options put forward by the Architectural
team and conduct value analysis
Participate in finalizing detailed construction drawings and specifications drawing from
available in-house expertise and industry connections
RFP No. 1220-30-08-10
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



Participate in pre-qualifications of all sub-trades
Bid all sub-trades ensuring fair play and consistency in information provided
Participate in the evaluation of quote submissions and selection of sub-trades
Summarize all subtrade quotes and other construction costs into a lump-sum proposal
ready to be rolled into a stipulated sum contract
Project Deliverables
Deliverables are those expected in accordance with best practices.
The Construction Manager at Risk will work with the members of the Project team expected to
deliver at least the following elements:











Regular meetings with the City and Project team including coordinating agendas and
minutes.
Meetings with the City’s Engineering, Planning & Development, and other departments
as required.
Public, neighbourhood and stakeholder consultation as required to ensure the project
continues to meet community objectives; two open houses are likely required as design
progresses.
Valuable input in the selection of the trades
Approval of all applicable plans, servicing agreements and permits by the City’s
Engineering and Planning & Development Departments and by all relevant outside
agencies.
Building Permit Application.
Pre-Qualification of contractors
Addendum as necessary during bidding period.
Assisting the City until successful lump sum contract award.
Quality assurance, site visits and change orders during construction.
Project report.
Reports and Bid Results
All documents, quotation results, estimates and drawings provided by the Construction Manager
at Risk in the course of the engagement of their services during the Pre-Construction phase
become the property of the City of Surrey. Written and graphic documentation will be provided
in both paper and electronic format in a standardized Microsoft Office Format, including text,
spreadsheets, graphs, slides used in presentations, etc. The Proponent shall have the ability to
communicate with City staff through the Internet and the ability to exchange information through
an FTP site.
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Other factors to be aware of and taken into account:



The cost estimate is to be validated early in the process and at regular intervals. There
is no flexibility to increase the $400,000 budget without prior written approval by
the City of Surrey.
The budget includes all soft costs, consulting fees (excluding architectural, structural,
mechanical and electrical engineers), permits, servicing, development cost charges,
furniture and fixtures, miscellaneous costs, etc.
A phasing solution that does include possibilities for future expansion and or major
modifications to the facility. .
Scope of Work
To provide construction management services to the City as contemplated in this RFP. The
City intends to appoint a construction manager (“Manager”) for a three month period (or until all
the trade packages have been quoted and committed on budget) to provide construction
management services, pre-construction work and to bid the trade packages. When the trade
packages have been quoted and committed on budget, the project will be converted to a lump
sum Stipulated Price Contract (CCDC-2, 2008) as amended by the City’s supplementary
general condition, using the sum of the fixed prices proposed for the General Conditions and the
Fixed Percentage Fee (stated in Proposals), the proposed trade prices, contractor’s estimates
for miscellaneous work and any cash allowances. It is anticipated the Manager will have the
first opportunity to negotiate with the City to become the General Contractor for the project. The
General Contractor will ultimately be responsible for all work, schedules and costs up to the
Contract value.
Proposals are to provide a:
1)
Lump Sum Price for the Construction Management and Pre-construction Services for a
period of three (3) months (or until all the trade packages have been bid and committed on
budget) to provide such services to assist in the final project planning, scheduling, budgeting
and to bid the individual trade packages (for the Pre-construction work and trade package
bidding);
2)
Lump Sum Fixed Price for the General Conditions and Overheads for the construction
work with a detailed price breakdown (to be incorporated directly into a CCDC-2 – 2008
Stipulated Sum Contract with Supplementary General Conditions as prepared by the City for the
total project);
3)
Fixed Percentage Fee for the Construction Contract based on the scope of work shown
in the RFP (to be incorporated directly into a CCDC 2 – 2008 Stipulated Sum Contract with
Supplementary General Conditions as prepared by the City for the total project); and
4)
Proposed construction schedule and payment schedule.
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Section 1.
1.
Project Description and Intent
The successful Proponent will enter into a Pre-construction services contract first.
2.
Should project construction be required to proceed in any form prior to the 90-day
acceptance period, any costs incurred relating only to such work will be paid for by the City as a
change to the Construction Management Agreement.
3.
The project will not proceed if it does not meet the City’s predetermined criteria such as
cost plan and budgetary constraints. This will become evident and determined during the
Construction Management Agreement period and within the 90-day acceptance period.
4.
Produce a detailed trade-by-trade project budget within three weeks of appointment.
The Manager will work with the City, consultants and the quantity surveyor to align the budget
with the project cost plan and to determine the scope of work and anticipated values of the trade
packages for bidding.
5.
Confirm the proposed construction schedule provided with the Proposal to a full
construction schedule in a format acceptable to the City. Identify milestone dates, adjust,
amend and refine the schedule as more specific information becomes available from the trade
quotes. Incorporate the pre-construction and trade quote activities, critical trade and material
deliveries into the schedule.
6.
Conduct, at a minimum, weekly pre-construction co-ordination meetings with the project
consultants and other parties as required, to co-ordinate design and construction aspects of the
project. Keep all minutes of meetings, and distribute to all relevant parties, noting “action by”.
7.
Provide the City and consultants with advice and direction on construction related
matters, construction planning, construction methodology, materials and labour availability,
sub-trade expertise and liaison and any final trade detailing.
8.
Set up, co-ordinate and bid the individual trade packages for all construction activities,
wherein the trade package quotations will:
-
be implemented and defined by the Manager as to physical scope of work for
each trade in a format acceptable to and be pre-approved by the City,
be called by the Manager, to close at the Manager’s office and at the
Manager’s expense,
be opened in private by the Manager and the City or its agents,
have the participation of the City, or its agents, in the trade bidding process;
input to the bid package calls, attendance at bid openings, review of
quotations, budget comparisons and contracting of the trades,
be reviewed by the Manager, have a full analysis of the quotations received,
a written report with recommendations, budget review and comparison and
meetings with the consultants as required,
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-
-
suggest and implement alternates, amendments and quotation recalls as may
be necessary to have all trades remain within budget, on schedule and to
meet all other project criterion,
be redefined and recalled if recommended by the City or its agents, the
consultants or the Manager,
carry Cash Allowances as deemed necessary and at the direction of the City
or the consultants.
9.
Implement and maintain the policy that all work on the project is required to be bid
competitively. Upon prior notification, the Manager may elect to bid specific trades or portions
of trades and in such cases, those specific trade bids or parts thereof, will be bid and analyzed
by the City or its agent in lieu of the Manager.
10.
Set up only, of the project reporting and managing systems, data systems, cost control,
accounting, purchasing, safety, first aid, ready for the construction work.
11.
Anticipate that the Manager will have the first opportunity to negotiate with the City to
become the General Contractor for the project. The Construction Management Services
Agreement will be concluded and the General Contractor will enter into a Stipulated Price
Contract, CCDC-2, 2008, as amended by the City’s supplementary general conditions. The
Construction Management Services provided will form a stand-alone agreement, separate from
the other fixed cost and the fixed percentage fee quotations.
12.
If for any reason the City and the Manager cannot come to an agreement for the
Stipulated Price Contract, including without limitation, the reason that the settlement of
outstanding issues is not advancing quickly enough in the sole opinion of the City, then the
Manager will be terminated and be paid in full for Construction Management Services provided,
pursuant to the Agreement. Subsequently, any other offers from the Manager such as the Fixed
Cost for General Conditions and Overheads and the Percentage Fee, the Schedule and the
likes proposed herein, will then become null and void.
Section 2.
Fixed Cost for General Conditions and Overheads
Propose a Lump Sum Fixed Cost for the General Conditions and Overheads for
the construction contract.
The proposed price shall include, but will not be limited to the following:
01
02
03
Base the fixed cost for the General Conditions and Overheads (hereafter referred
to as “GC and OH”) on the construction project proceeding at one time under a
CCDC-2, 2008 contract as amended by the City’s supplementary general
conditions.
Provide a detailed list of items that comprise the GC and OH and provide a cost
breakdown of that list and submit both with the Proposal.
Include the cost for bonding for the total project value being a 50% performance
and a 50% labour and material payment bond or optional Letter of Credit.
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04
Provide a description of the methods of materials handling, crane, hoisting and
scaffolding for the construction of internal and external elements of the project
and identify such costs on the cost breakdown.
Section 3.
Fixed Percentage Fee for the Construction Contract
Propose a Fixed Percentage Fee for the construction contract.
The Proposal price will include, but not be limited to the following:
01
The Contract profit for the General Contractor.
02
Costs for all office functions, not directly related to the site operations of the
project, the corporate project director, general accounting, project estimating,
purchasing, general superintendent and administrative functions.
The Fixed Percentage Fee will be used to calculate the Stipulated Price Contract for the
total project.
Should project construction proceed before the Contract is established, the Fee will be
paid as a percentage fee over the cost of the actual cost of the work completed. The
percentage fee payable is established by the proposed Fixed Percentage Fee and the
percentage of the actual work completed multiplied by the Contract Price.
Section 4.
Construction Schedule
Provide a proposed construction schedule with the Proposal showing the preconstruction and trade bidding activities, the individual trade sequencing and durations
and identify proposed milestone dates for completion of significant construction activities
or building elements such as but not limited to structure, roof, building envelope, external
finishes, internal finishing, mechanical and electrical trades.
Identify a proposed substantial completion date. The schedule should reflect the
Proponents best assessment of the construction duration as it relates to the most
economical project cost.
The Proposal for the General Conditions and Overheads may relate in part to the
proposed construction schedule. Any change in the final construction schedule
duration, from that proposed, shall not be cause to change the value of the proposed
Fixed Cost for General Conditions and Overheads.
Identify a proposed Payment Schedule, based on the proposed construction schedule.
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SCHEDULE B
CONTRACTS
Pre-construction Services Contract (Schedule B1)
Supplementary Conditions (CCDC-2 2008) (Schedule B2)
Stipulated Price Contract
RFP No. 1220-30-08-10
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SCHEDULE B1
PRE-CONSTRUCTION SERVICES CONTRACT
RFP 1220-30-08-10
This Agreement effective from the ___ day of ____________, 2010.
BETWEEN:
City of Surrey
6645 – 148th. Street
Surrey, BC V3S 3C7
(the “City”)
AND:
(the “Manager”)
WHEREAS:
A.
The City has retained the Manager to provide pre-construction management services as
contemplated in the Request for Proposals RFP#1220-30-08-10 and related documents
for the City’s project known as the proposed Surrey Nature Centre Education Building
(the “Project”);
B.
The Manager has agreed to provide its project management services to the City; and
C.
The City and the Manager wish to set out the terms upon which the Manager delivers its
services to the City.
NOW THEREFORE this Agreement witnesses that, in consideration of the covenants and
agreements contained in this Agreement, the City and the Manager agree as follows:
1.
Project Services
1.01
The City engages the Manager to deliver to the City pre-construction management
services for a period of three months (or until all the trade packages have been quoted
and committed on budget) from the date of this Agreement on the terms and conditions
contained in this Agreement and subject to earlier termination.
1.02
The Manager will deliver pre-construction management services as more particularly
described in the RFP documents and such other services as may be listed in (“Schedule
A”) and any other services reasonably related to those set out in Schedule A and agreed
to by the City and the Manager (the “Project Services”).
RFP No. 1220-30-08-10
16
1.03
The Project Services will be delivered to the highest industry standard by the Manager or
permitted subcontractors of the Manager as the Manager and the City may agree.
2.
Compensation for Project Services
2.01
In consideration for the Project Services, the City will pay to the Manager
______________ DOLLARS per month, ($________) the “Project Payment”, plus GST,
which sum will be invoiced by the Manager on the last day of the month and will be paid
by the City on a Net 30 day basis unless a cash discount is offered for early payment.
2.02
The Project Payment will compensate the Manager for all of the Project Services
delivered each month, to a maximum value of $____________ dollars plus GST.
2.03
Subject to Article 2.04, the Manager is responsible for all costs of carrying on its
business and expenses incurred in delivering the Project Services, including, but not
limited to, all travel within the Greater Vancouver Regional District, all telephone, cell
phone and fax charges, email, computer expenses.
2.04
The City will reimburse the Manager for expenses incurred by the Manager in delivery of
the Project Services provided that such expenses have been approved in writing in
advance by the City and provided that documentation for all such expenses will be
enclosed with each monthly invoice. Reimbursement of expenses by the City will be at
actual cost, without any addition for overhead or profit.
3.
Relationship between the City and the Manager
3.01
The City and the Manager acknowledge and agree that the Manager is an independent
contractor who may provide other services to other clients during the term of this
Agreement so long as they do not interfere with delivery of the Project Services.
3.02
The Manager and its employees and permitted subcontractors will not act or purport to
act as the agent of the City and will not enter or purport to enter into any agreement on
behalf of the City or otherwise bind or purport to bind the City.
3.03
In delivery of the Project Services, the Manager will at all times act in the Manager’s own
capacity and right.
3.04
No employee of the Manager is an employee of the City or entitled to receive any
benefits whatsoever. The Manager agrees that its employees are not entitled to the
rights and benefits afforded to the City’s employees, including, but not limited to,
participation in any of the City’s group insurance or pension plans, vacation pay,
overtime pay, termination pay or severance pay.
3.05
The City will not pay for or maintain any employee benefits including, but not limited to,
workers compensation, Canada Pension Plan, employment insurance and other similar
levies or to make any withholdings or remittances for income tax in respect of any
amounts payable by the City to the Manager or by the Manager to any person employed
by it pursuant to this Agreement or otherwise. The Manager is solely responsible for
making all such contributions, premium payments and income tax remittances in
accordance with any applicable statutory requirements. The Manager acknowledges
RFP No. 1220-30-08-10
17
that the City will rely on the Manager’s covenants in determining its obligations under the
Income Tax Act (Canada) and Regulations.
4.
Laws
4.01
The Manager will comply with all applicable laws, codes and regulations in delivery of
the Project Services.
4.02
The Manager will obtain all necessary licences and permits to comply with applicable
laws, codes and regulations in connection with delivery of the Project Services. The
Manager will provide the City with evidence of its compliance with all laws and
requirements as and when requested by the City. The Manager will, upon execution of
this Agreement, provide to the City a Workers’ Compensation Board of British Columbia
clearance letter confirming the Manager’s registration as active and in good standing.
5.
Confidential and Proprietary Information
5.01
The Manager acknowledges that in delivering the Project Services the Manager and its
employees and permitted subcontractors will acquire information about certain matters
which are confidential. Such information is the exclusive property of the City and the
Manager undertakes and agrees not to disclose that information to any third party, either
during or after the term of this Agreement.
5.02
All drawings, audio-visual materials, information, plans, models, designs, specifications,
reports and other documents or products, in whatever media or form, produced, received
or acquired by the Manager in the course of delivering the Project Services (the
“Material”) will be the sole property of the City and the City will have the right to use all of
the Material for its benefit in any way it sees fit.
5.03
The Material will be delivered by the Manager to the City concurrently with the
termination of this Agreement for whatever reason, provided always that, at any time
during the term, the City may request delivery by the Manager to the City of all or any
part of the Material, in which event the Manager will promptly comply with such request.
The Manager hereby transfers title in and to all of the Material and will assign to the City
sole copyright in the Material. The Manager agrees that title to the Material is to be
considered to have been transferred and any copyright in the Material is considered to
have been assigned by the Manager to the City upon creation of the Material.
5.04
The Manager, its employees and permitted subcontractors will not infringe any patent or
copyright or any other proprietary or industrial or intellectual property rights.
6.
Indemnity
6.01
The Manager will defend, indemnify and save harmless the City, its employees and
agents from and against any and all losses, claims, injuries (including death), damages,
actions, causes of action, costs and expenses (including legal costs on a solicitor client
basis) that the City may sustain, incur, suffer or be put to at any time either during or
after the term of this Agreement, where the same or any of them are based upon, arise
out of, or occur, directly or indirectly, by reason of any act or omission of the Manager,
its directors, officers, agents, employees or subcontractors, excepting always liability
arising out of the gross negligence of the City.
RFP No. 1220-30-08-10
18
7.
Insurance
7.01
The Manager will pay for and maintain appropriate insurance with respect to the delivery
of the Project Services, including, but not limited to, auto liability and general liability
insurance each in an amount not less than $3,000,000 and $5,000,000 respectively, and
professional liability insurance in an amount not less than $1,000,000. All insurance and
applicable certificates will be in such form and substance and from such insurers as are
satisfactory to the City. Upon execution of this Agreement, the Manager will deliver to
the City certificates from each insurance company confirming that the insurance is in full
force and effect and will not be cancelled or changed, except on 60 days prior written
notice to the City.
8.
Termination
8.01
The Manager may terminate this Agreement during its term upon 14 calendar days’
written notice to the City.
8.02
The City may terminate this Agreement during the term upon 14 days’ written notice to
the Manager or, at the sole election of the City, by payment to the Manager of the sum of
________________________ DOLLARS ($__________) plus GST in lieu of notice.
8.03
Either the City or the Manager may terminate this Agreement at any time without notice
to the other party in the event of a breach of this Agreement by the other party.
9.
Provisions which Survive the Agreement
9.01
Notwithstanding the termination of this Agreement for any reason, the provisions of
Articles 5, 6 and 7 of this Agreement and any other provision of this Agreement
necessary to give effect to those Articles will continue in full force and effect after the
term of this Agreement and following any termination within its term.
10.
Assignment
10.01 This Agreement may not be assigned by the Manager. The Manager may not hire or
assign anyone other than the Manager to deliver any part of the Project Services without
the consent of the City.
11.
Entire Agreement
11.01 This Agreement constitutes the entire Agreement between the parties and cancels and
supersedes any prior understanding and agreements between the parties. There are no
representations, warranties, forms, conditions, undertakings, collateral agreements,
express or implied or statutory, between the parties other than expressly set out in this
Agreement.
RFP No. 1220-30-08-10
19
12.
Amendments and Waivers
12.01 No amendment to this Agreement will be valid or binding unless in writing and duly
executed by both parties. No waiver of any term or provision of this Agreement will be
effective or binding unless made in writing and signed by the party purporting to give the
waiver and, unless otherwise provided in the written waiver, will be limited to this specific
breach waived.
13.
Severability
13.01 If any provision of this Agreement is determined to be invalid or unenforceable in whole
or in part, such invalidity or unenforceability will attach only to such provision or part and
the remaining part of such provision and all other provisions of this Agreement will
continue in full force and effect.
14.
Governing Law
14.01 This Agreement will be governed by and construed in accordance with the laws of the
Province of British Columbia and the laws of Canada applicable therein.
15.
Notices
15.01 Any notice required to be given under this Agreement will be sufficiently given if
personally delivered or sent by fax to the addresses set out above. Notice will be
deemed to be delivered on the date it is delivered, if personally delivered, or on the date
of receipt of the fax or confirmation if sent by fax.
16.
Dispute Resolution
16.01 Dispute Resolution Procedures
The parties will make reasonable efforts to resolve any dispute, claim, or controversy
arising out of this agreement or related to this agreement (“Dispute”) using the dispute
resolution procedures set out in this Section 16.
16.02 Negotiation
The parties will make reasonable efforts to resolve any Dispute by amicable negotiations
and will provide frank, candid and timely disclosure of all relevant facts, information and
documents to facilitate these negotiations.
16.03 Mediation
If all or any portion of a Dispute cannot be resolved by good faith negotiations within 30
days, either party may by notice to the other party refer the matter to mediation. Within 7
days of delivery of the notice, the parties will mutually appoint a mediator. If the parties
fail to agree on the appointment of the mediator, then either party may apply to the British
Columbia International Commercial Arbitration Centre for appointment of a mediator.
The parties will continue to negotiate in good faith to resolve the Dispute with the
assistance of the mediator. The place of mediation will be Surrey, British Columbia.
RFP No. 1220-30-08-10
20
Each party will equally bear the costs of the mediator and other out-of-pocket costs, and
each party will bear its own costs of participating in the mediation.
16.04 Litigation
If within 90 days of the request for mediation the Dispute is not settled, or if the mediator
advises that there is no reasonable possibility of the parties reaching a negotiated
resolution, then either party may without further notice commence litigation.
17.
Personnel
17.01 Qualified Personnel
The Manager will provide only professional personnel who have the qualifications,
experience and capabilities to perform the services.
17.02 Listed Personnel and Sub-Contractors
The Manager will perform the services using the personnel and sub-contractors that
were listed in their Proposal and the Manager will not remove any such listed personnel
or sub-contractors from the services without the prior written approval of the City.
17.03 Replacement of Personnel or Sub-Contractors
If the City reasonably objects to the performance, experience, qualifications or suitability
of any of the Manager’s personnel or sub-contractors then the Manager will, on written
request from the City, replace such personnel or sub-contractors.
17.04 Sub-Contractors and Assignment
Except as provided for in section 17.03, the Manager will not engage any subcontractors, or sub-contract or assign its obligations under this agreement, in whole or in
part, without the prior written approval of the City.
17.05 Agreements with Sub-Contractors
The Manager will preserve and protect the rights of the City with respect to any services
performed under sub-contract and incorporate the terms and conditions of this
agreement into all sub-contracts as necessary to preserve the rights of the City under
this agreement. The Manager 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 Manager.
18.
City Responsibilities
18.01 City Information
The City will, in co-operation with the Manager, make efforts to make available to the
Manager information, surveys, and reports which the City has in its files and records that
relate to the services. The Manager will review any such material upon which the
Manager intends to rely and take reasonable steps to determine if that information is
RFP No. 1220-30-08-10
21
complete or accurate. The Manager will assume all risks that the information is
complete and accurate and the Manager will advise the City in writing if in the Manager’s
judgment the information is deficient or unreliable and undertake such new surveys and
investigations as are necessary.
18.02 City Decisions
The City will in a timely manner make all decisions required under this agreement,
examine documents submitted by the Manager and respond to all requests for approval
made by the Manager pursuant to this agreement.
18.03 Notice of Defect
If the City observes or otherwise becomes aware of any fault or defect in the services, it
will immediately notify the Manager, but nothing in this agreement will be interpreted as
giving the City the obligation to inspect or review the Manager’s performance of the
services.
19.
Codes and By-Laws
The Manager will provide the services in full compliance with all applicable laws, building
codes and regulations.
20.
Freedom of Information and Protection of Privacy Act
The Manager acknowledges that the City is subject to the Freedom of Information and
Protection of Privacy Act and agrees to any disclosure of information by the City required
by law.
IN WITNESS WHEREOF the City has executed this Agreement the _____ day of ______, 2010.
CITY OF SURREY
By:
____________________________
Authorized Signatory
IN WITNESS WHEREOF the Manager has executed this Agreement the _____ day of
__________, 2010.
By:
____________________________
Authorized Signatory
RFP No. 1220-30-08-10
22
SCHEDULE B2
SUPPLEMENTARY GENERAL CONDITIONS (CCDC-2 2008)
Stipulated Price Contract
These Supplementary General Conditions modify and amend Standard Construction Document
CCDC-2 - 2008 and form a part of this Contract. In the event of any conflict between the
provisions of the Contract Documents and any provision of these Supplementary General
Conditions, these Supplementary General Conditions shall govern.
ARTICLE A-5 PAYMENT
1.
Delete Section 5.3, including all of Section 5.3.1 and Section 5.3.2, in its entirety.
DEFINITIONS
2.
Refer to Section 6:
Immediately before the word “amendments” in the second line, insert “written”.
GENERAL CONDITIONS OF THE CONTRACT
3.
Refer to GC 1.1.7:
[NTD: Revise GC 1.1.7.1 as necessary to incorporate all documents required to
completely describe Contract.]
4.
Insert the following in GC 2.2.1 after the words “Contract Documents”:
“, until complete performance of the Work, and during the warranty period as required.”
5.
Refer to GC 2.2.7.
Delete the words “, except with respect to GC 5.1 - FINANCING INFORMATION
REQUIRED OF THE OWNER” from the first line.
6.
Add the following GC 3.5.2:
“The Contractor will perform the Work in compliance with the construction
schedule. If, for any reason, the Work falls behind the schedule for the Work set
forth in the construction schedule the Contractor shall as part of the Work either:
(a)
RFP No. 1220-30-08-10
if in accordance with the Contract Documents the delay entitles the
Contractor to a time extension the Contractor shall forthwith prepare and
deliver to the Consultant a revised construction schedule to the
reasonable satisfaction of the Consultant indicating the revised dates for
the remaining activities of the Work; or
23
(b)
if in accordance with the Contract Documents the delay does not entitle
the Contractor to a time extension then the Contractor shall take such
steps as required to bring the Work back into conformity with the
construction schedule.
Failure to comply with the requirements of this section shall be deemed to be a
default under the Contract to which the provisions of GC 7.1.2 apply.”
7.
Add the following at the end of GC 3.7.2:
“The Contractor shall not employ any Subcontractor, or change Subcontractor,
without the written approval of the Consultant, which approval will not be
unreasonably withheld.”
8.
Add the following GC 3.8.4:
“Immediately upon receiving from the Consultant or the Construction Manager a
written notice stating the Consultant’s or the Construction Manager's reasonable
objection to the work conduct of any superintendent, foreman or worker on the
Project site, the Contractor will remove such persons from the Project site.”
9.
Refer to GC 3.9:
Immediately after the words “Contract Documents,” in the first line, insert “reviewed shop
drawings,”.
10.
Add the following at the end of GC 3.10.1:
“The shop drawings provided by the Contractor will be complete and show the
entire extent of the relevant portion of the Work.”
1.
Add the following GC 3.10.13:
“Upon Substantial Performance of the Work, the Contractor will submit all reviewed
and revised Shop Drawings to the Owner as a permanent record of the Work. As of
the date of issuance of a final certificate for payment, the Shop Drawings will be
retained by the Owner as the Owner’s property.”
2.
Add the following GC 3.10.14:
“The Contractor shall not proceed with the Work to which a Shop Drawings applies
before the Consultant has reviewed and returned the shop drawing as provided by
GC 3.10.12.”
3.
Delete GC 5.1, including all of GC 5.1.1 and GC 5.1.2, in its entirety.
4.
Add the following at the end of GC 5.2.3:
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24
“The Contractor will identify separately, with reference to the applicable Change
Order, any application for payment for Work performed pursuant to a Change
Order. No payment for extras or changes will be made before the issuance of
the applicable Change Order.”
5.
Delete GC 5.2.7. and insert:
“No claim shall be made for any Product which is delivered to the Place of the
Work until it is incorporated into the Work and any claim for Products which are
incorporated into the Work shall be supported by such evidence as the
Consultant may reasonably require to estimate the value of such Products.”
6.
Add the following GC 5.3.2:
“The Owner may set off from payments owing to the Contractor costs, expenses
and damages the Owner incurs or suffers as a result of the Contractor’s wrongful
or negligent act or omission, or which the Owner incurs on the Contractor’s
behalf.”
7.
Add the following GC 5.3.3:
“The Owner may, in addition to other holdbacks as provided by the Contract
Documents, hold back an amount equal to any lien which has been filed with
respect to the Work, plus 10% as security for costs. The Owner may, at its option,
after five days written notice to the Contractor, pay such amount into court to
discharge the lien. If the lien is discharged without payment of the holdback into
court, then the Owner shall pay such holdback to the Contractor, without interest.”
18.
Add the following GC 5.3.4:
“In addition to builders lien holdbacks, the Owner may retain holdbacks to cover
deficiencies in the Work, in an amount equal to twice the amount the Consultant
estimates as the total cost to complete the deficiencies.”
8.
Add the following GC 5.4.4:
“The Contractor’s application for Substantial Performance of the Work will
constitute a waiver by the Contractor of all claims except those then previously
made in writing to the Owner.”
9.
Delete GC 5.5.3.
21.
Add the following GC 5.7.5:
“The Consultant will not issue the final certificate for payment until the Contractor
has submitted a release from the Workers Compensation Board covering work of
the Contract to completion, plus inspections and approval certificates of all
authorities with jurisdiction.”
RFP No. 1220-30-08-10
25
22.
Add the following GC 5.7.6:
“The issuance of a final certificate for payment in no way relieves the Contractor
from correcting defects or deficiencies not apparent at the time the certificate is
issued.”
23.
Add the following GC 6.1.3:
“Whenever the Consultant delivers a written request to the Contractor for a
quotation of a possible change, the Contractor will within 10 days after receiving
such request provide to the Consultant in writing a quotation of the value of the
contemplated change (increase or decrease) and a statement of the effect, if
any, of the contemplated change on the construction schedule. The Contractor’s
written quotation and statement will be interpreted to include all costs, including
any indirect or “impact” effects, and all effects on the construction schedule. The
Contractor will not be entitled to claim on account of any cost or effect not
included specifically in the quotation and statement unless the quotation and
statement specifically itemize and describe such indirect effects.”
In this event the allowance for overhead shall be 10% and the allowance for profit
shall be 5%, each applied to the value of the change, as full payment owing for
the change.
24.
Add the following at the end of GC 6.5.4:
No claim for additional payment arising from a delay will be payable to the
Contractor unless the Contractor has prepared, or caused to be prepared,
records of all Work and the costs of the Work, on a daily basis as the Work
proceeds, and submits such records in support of the claim.”
25.
Add the following GC 6.5.6:
“The Owner may, at any time, give written direction to the Contractor for the
Contractor to accelerate the Work, in which event the Contractor shall use
reasonable best efforts to proceed with the Work more quickly, which may include
hiring additional labour and equipment and/or working additional hours or shifts. If
at the time of such direction by the Owner the Contractor is behind the approved
Construction Schedule due to a cause within the Contractor’s control, then the cost
of such acceleration shall be borne by the Contractor. If at such time the Contractor
is not behind the construction schedule, or is not behind due to a cause within the
Contractor’s control, then the cost of such acceleration shall be for the account of
the Owner.”
10.
Add the following GC 6.5.7:
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26
“If, for any reason, the Contractor deems it necessary to accelerate the Work, then
the Contractor shall provide written notice of its intention to accelerate at least 24
hours prior to doing so.”
27.
Add the following GC 6.5.8:
“In the event of a delay which results in a stoppage of the Work, the Contractor
shall take all reasonable steps to protect the Work for the entire period of the delay.
The cost of such protection shall be paid as follows:
(i) if under 6.5.1, or 6.5.2, the Owner will pay,
(ii) if under 6.5.3 the Contractor will pay.”
11.
Refer to GC 7.1.2:
Delete the words “and if the Consultant has given a written statement to the
Owner and Contractor that sufficient cause exists to justify such action” from the
second and third lines.
29.
Delete GC 7.2.3.1.
30.
Delete GC 9.2.2.
31.
Delete GC 9.2.3.
32.
Delete GC 9.2.4.
33.
Refer to GC 9.2.5:
Delete the words “which were not brought to the Place of the Work by the Contractor or
anyone for whom the Contractor is responsible and which were not disclosed by the Owner
or which were disclosed but have not been dealt with as required under paragraph 9.2.4,”.
34.
Refer to GC 9.2.5.3:
Immediately after the words “stopping the Work” in the first line, insert “if necessary”.
35.
Delete GC 9.2.7 in its entirety and replace it with the following:
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.2.6
determines, that the toxic or hazardous substances were not brought onto the Place
of the Work by the Contractor or anyone for whom the Contractor is responsible:
.1
the Contractor shall within 10 Working Days prepare and deliver to the
Owner, with a copy to the Consultant, a plan for the safe removal from the
Place of the Work and disposal of the toxic or hazardous substances and
the Owner shall, within 5 Working Days of receipt of such plan, approve the
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27
.2
.3
.4
.5
.6
36.
Delete GC 9.2.8.1 through 9.2.8.4 in their entirety and replace them with the following:
“.1
.2
.3
.4
.5
12.
plan or provide reasons to the Contractor why the Owner did not approve
the plan;
having received approval from the Owner, the Contractor shall promptly
take all necessary steps, in accordance with applicable legislation in force at
the Place of the Work, to safely remove and dispose of the toxic or
hazardous substances in accordance with the approved plan;
the Contractor shall make good any damage to the Work, the Owner’s
property or property adjacent to the Place of the Work as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;
the Owner shall reimburse the Contractor for the costs of all steps taken by
the Contractor pursuant to paragraphs 9.2.5 and 9.2.7;
the Owner shall extend the Contract Time for such reasonable time as the
Consultant may recommend in consultation with the Contractor and the
expert referred to in paragraph 9.2.6 and reimburse the Contractor for
reasonable costs incurred as a result of the delay; and
the Owner shall indemnify the Contractor as required by GC 12.1 –
INDEMNIFICATION.”
within 10 Working Days prepare and deliver to the Owner, with a copy to the
Consultant, a plan for the safe removal from the Place of the Work and
disposal of the toxic or hazardous substances and the Owner shall, within 5
Working Days of receipt of such plan, approve the plan or provide reasons
to the Contractor why the Owner did not approve the plan;
having received approval from the Owner, promptly take all necessary
steps, in accordance with applicable legislation in force at the Place of the
Work, to safely remove and dispose of the toxic or hazardous substances in
accordance with the approved plan;
make good any damage to the Work, the Owner’s property or property
adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1
– PROTECTION OF WORK AND PROPERTY;
reimburse the Owner for reasonable costs incurred by the Owner with
regard to the expert under paragraph 9.2.6; and
indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.”
Delete GC 9.5.2 in its entirety and replace it with the following:
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3
determines, that the presence of mould at or within the Place of the Work was
caused by the Contractor’s operations under the Contract, or the operations of any
Subcontractor or any person for whom the Contractor is responsible, the Contractor
shall, at the Contractor’s own expense:
.1
take all reasonable and necessary steps to safely remediate or dispose of
the mould;
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28
.2
.3
.4
38.
make good any damage to the Work, the Owner’s property or property
adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1
– PROTECTION OF WORK AND PROPERTY;
reimburse the Owner for reasonable expenses costs incurred with regard to
the expert under paragraph 9.5.1.3; and
indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.”
Delete GC 9.5.3 in its entirety and replace it with the following:
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3
determines, that the presence of mould at or within the Place of the Work was not
caused by the Contractor’s operations under the Contract, or the operations of any
Subcontractor or any person for whom the Contractor is responsible:
.1
the Contractor shall take all reasonable and necessary steps to safely
remediate or dispose of the mould;
.2
the Contractor shall make good any damage to the Work, the Owner’s
property or property adjacent to the Place of the Work as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;
.3
the Owner shall reimburse the Contractor for the costs of all steps taken
pursuant to paragraphs 9.5.3.1 and 9.5.3.2;
.4
the Owner shall extend the Contract Time for such reasonable time as the
Consultant may recommend in consultation with the Contractor and the
expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for
reasonable costs incurred as a result of the delay;
.5
the Owner shall indemnify the Contractor as required by GC 12.1 –
INDEMNIFICATION.”
39.
Add the following at the end of GC 10.2.1:
“This Contract shall be construed according to the laws of British Columbia. The
Contractor will undertake all Work in full compliance with all applicable laws,
including without limitation all building codes, regulations and bylaws.”
13.
Refer to GC 10.2.6:
Delete the words “knowing it to be” from the second line.
41.
Delete GC 12.1.1 in its entirety and replace it with the following:
“The Contractor shall indemnify the Owner from and against all claims, demands, losses,
costs, damages, actions, suits or proceedings in respect to losses suffered by the Owner,
including in respect to claims by third parties, that arise out of or relate to the Contractor’s
involvement in the Project, including performance or non performance of the Work,
including claims arising from:
.1
negligent or wrongful acts or omissions of the Contractor or anyone for whose acts
or omissions the Contractor is liable; or
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29
.2
42.
breach of the Contract by the Contractor.”
Refer to GC 12.1.2:
Delete the words “obligation of either party” and replace them with “Contractor’s
obligation”.
43.
44.
Refer to GC 12.1.2.1 and GC 12.1.2.2:
(a)
Delete the words “and the Contractor” in the first line; and
(b)
Delete the words “either party” and insert the words “the Contractor”.
Refer to 12.1.3:
Delete the words “either party” and insert the words “the Contractor” and delete the word
“other” and insert “Owner”.
45.
Delete GC 12.2.1.2.
46.
Refer to GC 12.2.2:
Delete the words “paragraphs 12.2.1.2 and” and replace them with the word
“paragraph”.
47.
Delete GC 12.2.3.
48.
Delete GC 12.2.4.
49.
Delete GC 12.2.5.
RFP No. 1220-30-08-10
30
SCHEDULE C – FORM OF PROPOSAL
RFP Project Title:
Construction Management at Risk
Surrey Nature Centre Education Building Renovations
RFP Reference No.:
1220-30-08-10
Name of Proponent:
Contact Person and Title:
Business Address:
Telephone:
Fax:
E-Mail Address:
TO:
ACTING PURCHASING & AP MANAGER
Finance & Technology Dept.,
Purchasing Section,
City of Surrey,
6645 – 148th. Street,
Surrey, BC Canada V3S 3C7
Dear Sir:
1.0
I/We, the undersigned duly authorized representative of the Proponent, having received and carefully
reviewed all of the Proposal documents, including the RFP and any issued addenda posted on the City Website, and
having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local
conditions attendant to performing the Services, submit this Proposal in response to the RFP.
2.0
I/We confirm that the following appendices are attached to and form a part of this Proposal:
Schedule C-1 – Statement of Departures;
Schedule C-2 – Proponent’s Experience, Reputation and Resources;
Schedule C-3 – Proponent’s Technical Proposal (Services);
Schedule C-4 – Proponent's Technical Proposal (Schedule); and
Schedule C-5 – Proponent’s Financial Proposal.
3.0
I/We confirm that this proposal is accurate and true to best of my/our knowledge.
RFP No. 1220-30-08-10
31
4.0
I/We confirm that, if I/we am/are awarded the Agreement, I/we will at all times be the “prime contractor” as
provided by the Worker's Compensation Act (British Columbia) with respect to the Services. I/we further confirm that
if I/we become aware that another contractor at the place(s) of the Services has been designated as the “prime
contractor”, I/we will notify the City immediately, and I/we will indemnify and hold the City harmless against any
claims, demands, losses, damages, costs, liabilities or expenses suffered by the City in connection with any failure to
so notify the City.
This Proposal is submitted this _____________________ day of __________________, 2010.
I/We have the authority to bind the Proponent.
____________________________________________________________________________
(Name of Proponent)
(Name of Proponent)
___________________________________________________________________________
(Signature of Authorized Signatory)
_
(Signature of Authorized Signatory)
____________________________________________________________________________
(Print Name and Position of Authorized
(Print Name and Position of Authorized
Signatory)
Signatory)
RFP No. 1220-30-08-10
32
SCHEDULE C-1 - STATEMENT OF DEPARTURES
1.
I/We have reviewed the proposed Contract attached to the RFP as Schedule “B”. If requested by the City,
I/we would be prepared to enter into that Contract, amended by the following departures (list, if any):
Section
2.
Departure / Alternative
The City of Surrey requires that the successful Proponent have the following in place before commencing
the Services:
a)
Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is
involved, personal operator protection (P.O.P.) will be provided,
Workers' Compensation Registration Number _________________________________________;
b)
Insurance coverage for the amounts required in the proposed Contract as a minimum, naming the
City as additional insured and generally in compliance with the City’s sample insurance certificate
form (available on the City's web site at www.surrey.ca (search "revenue and risk") titled City of
Surrey Certificate of Insurance Standard Form);
d)
City of Surrey business license; and
e)
If the Proponent is a company, the company name indicated above is registered with the Registrar
of
Companies
in
the
Province
of
British
Columbia,
Canada,
Incorporation
Number
___________________.
As of the date of this Proposal, we advise that we have the ability to meet all of the above requirements
except as follows (list, if any):
Section
3.
Departure / Alternative
I/We offer the following alternates to improve the Services described in the RFP (list, if any):
Section
RFP No. 1220-30-08-10
Departure / Alternative
33
SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES
Proponents should provide information on the following (use the spaces provided and/or attach additional
pages, if necessary):
(i)
Location of branches, background, stability, structure of the Proponent;
(ii)
Proponent’s relevant experience and qualifications in delivering Services similar to those required
by the RFP;
(iii)
Proponent’s demonstrated ability to provide the Services;
(iv)
Proponent’s equipment servicing resources, capability and capacity, as relevant;
(v)
Proponent’s references (name and telephone number). The City's preference is to have a
minimum of three references;
(vi)
Proponent’s financial strength (with evidence such as financial statements, bank references);
(vii)
A designated senior project manager responsible for the day-to-day operations and sufficient
qualified support staff to manage the pre-construction and trade quoted work etc. who have direct
experience in construction of similar or comparable facilities;
(viii)
Experience with contract management, processing of documents, bills, certification of work,
commissioning;
(ix)
Fire and work place safety program and emergency preparedness.
(x)
Customer service quality – ability to provide responsive and versatile support is very important,
such that problems are quickly resolved or escalated.
(xi)
Demonstrate an understanding of the complexities of this specific project. Identify specific items
such as sourcing, administration and direction of experienced specialty trades.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
RFP No. 1220-30-08-10
34
Proponents should provide information on the background and experience of all key personnel proposed to undertake
the Services (use the spaces provided and/or attach additional pages, if necessary):
Key Personnel
Name:
Experience:
Dates:
Project Name:
Responsibility:
_______________________________________________________________________
Dates:
Project Name:
Responsibility:
_______________________________________________________________________
Dates:
Project Name:
Responsibility:
_______________________________________________________________________
RFP No. 1220-30-08-10
35
Proponents should provide the following information on the background and experience of all sub-contractors
proposed to undertake a portion of the Services (use the spaces provided and/or attach additional pages, if
necessary):
DESCRIPTION OF SERVICES
SUB-CONTRACTORS NAME
YEARS OF
TELEPHONE NUMBER
WORKING
AND EMAIL
WITH
CONTRACTOR
RFP No. 1220-30-08-10
36
SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (SERVICES)
Proponents should provide the following (use the spaces provided and/or attach additional pages, if
necessary):
(i)
a narrative that illustrates an understanding of the City’s requirements and Services;
(ii)
a description of the general approach and methodology that the Proponent would take in
performing the Services including specifications and requirements;
(iii)
a narrative that illustrates how the Proponent will complete the scope of Services, manage the
Services, and accomplish required objectives within the City’s schedule;
(iv)
a description of the standards to be met by the Proponent in providing the Services;
(v)
an understanding and methodology of construction and seismic reinforcing and structural
components;
(vi)
phasing of project and minimization of disruption to existing tenant activities;
(vii)
materials handling, site management and traffic control;
(viii)
on site quality control methods and integration of new with old finishes;
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
RFP No. 1220-30-08-10
37
SCHEDULE C-4 - PROPONENT’S TECHNICAL PROPOSAL (SCHEDULE)
Proponents should provide an estimated schedule, with major item descriptions and time indicating a
commitment to perform the Contract within the time specified (use the spaces provided and/or attach
additional pages, if necessary).
MILESTONE DATES __________________________________
ACTIVITY
SCHEDULE
1
RFP No. 1220-30-08-10
2
3
4
5
6
7
8
9
38
10
SCHEDULE C-5 - PROPONENT’S FINANCIAL PROPOSAL
Indicate the Proponent’s proposed fees (excluding GST), and the basis of calculation (use the spaces provided
and/or attach additional pages, if necessary) as follows (as applicable).
Having fully examined the site, existing building and all conditions affecting the Work, and having carefully read and
examined the RFP documents and addenda (if any) issued, we offer to furnish all work covered by this RFP for the
stipulated separate prices of:
Price #1
Lump Sum price for
Construction Management & Pre-construction Services
Price #2
$ _______________________________
Lump Sum Fixed cost for
General Conditions, Expenses &
Price #3
Overhead for the construction contract
$ _______________________________
Fixed Percentage Fee for the construction contract.
______________________________%
Item #4 – State the construction duration, as attached Schedule C-4
______________________ months.
We confirm that the above stated prices include all applicable Federal and Provincial sales taxes and customs and
excise taxes in force at this date but excludes the Federal Goods and Services Tax (GST).
Price #1 (Construction Management Services) will be available to the City for a 3 month period (or until all the trade
packages have been quoted and committed on budget).
Prices #2 and #3 (Fixed Cost General Conditions and Fixed Percentage Fee) will be available to the City for a period
of ninety (90) days from the date our Proposal.
General Conditions & Overheads – Example Only
This example only is a generic list of GC and OH items that may be required on this project. The example is given
only as an indication of the level of detail required to be submitted with the Proposal and does not indicate the
specific scope of work.
CODE
CATEGORY
Superintendent (Structure/Trades)
Superintendent (Finishes)
Site Engineer / Coordinator
Quality Control
Project Manager(s)
Other staffing
Administrative Expenses
Safety Officer / First Aid
First Aid Equip / Trailer
Site Security: gates / regular time
Site Security: off hours
RFP No. 1220-30-08-10
QUANTITY
UNIT
RATE
PRICE
39
CODE
CATEGORY
Employee Travel / Expenses
Site Offices / meeting / lunch rooms
Owner’s / consultant office
Site Office Equip / Supplies
Fax/ copier / computer / email
Printing / additional drawings
Courier / deliveries
Storage Buildings
Hoarding / street use
Ladders / Barricades
Fire Protection / Equipment
Project Signage / site signage
Traffic Control
Street cleaning
On-going Clean Up
Garbage Bins / disposal fees
Final Clean
Communication / Radios
Photographs / video
Equipment Rentals
Small Tools
Miscellaneous pumping / submersibles
Inspections / Testing
Surveying / Layout
Hoisting
Crane-age
Man / material hoist
Cartage / Delivery
Finish Protection
Heritage Protection
Temp. – Phones / cells / cable
QUANTITY
UNIT
RATE
PRICE
Temp. – Hydro Connection
Temp. – Hydro Usage
Temp. – Distribution / wire / lights
Temp. – Water
Temp. – Heat / hoard / snow
Temp. – Waterproofing / Roofing
Temp. – Toilets / washrooms
City sidewalk / lane rentals
Permits / Licenses / Fees
Insurance
Performance Bonding
Sub-Trade Bonding
Close out, manuals, as built
Legal / Statutory declarations / contracts
Additions items
Total General Conditions & Overheads:
Additional Expenses:
RFP No. 1220-30-08-10
40
The proposed Contract attached as Schedule "B" to the RFP provides that expenses are to be included within the
fee, other than the expenses listed in the Contract as disbursements. Details of disbursements are to be shown in
the chart above. Please indicate any expenses that would be payable in addition to the proposed fee and proposed
disbursements set out above:
Payment Terms:
A cash discount of _______% will be allowed if account is paid within _____ days, or the_________ day of the month
following, or net 30 days, on a best effort basis.
RFP No. 1220-30-08-10
41