REQUEST FOR PROPOSALS PROJECT: FIELD HOUSE BUILDING CONSTRUCTION LOCATION: TOM BINNIE PARK - FIELD HOUSE 10601 – City Parkway, Surrey, BC (Access off 135th Street) REFERENCE NO.: 1220-30-34-07 V: August 15, 2007 1220-30-34-07 TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................... 3 1.1 2. INSTRUCTIONS TO PROPONENTS ....................................................................................... 4 2.3 2.5 2.6 2.7 2.8 2.9 3. Package........................................................................................................................ 5 Form of Proposal ........................................................................................................... 5 Signature ...................................................................................................................... 5 EVALUATION AND SELECTION ............................................................................................ 6 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5. Number of Copies .......................................................................................................... 4 Amendments to Proposals .............................................................................................. 4 Inquiries ........................................................................................................................ 4 Addenda ....................................................................................................................... 5 Examination of Contract Documents and Site .................................................................... 5 Opening of Proposals ..................................................................................................... 5 PROPOSAL SUBMISSION FORM AND CONTENTS ................................................................ 5 3.1 3.2 3.3 4. Purpose ........................................................................................................................ 3 Evaluation Team ............................................................................................................ 6 Evaluation Criteria .......................................................................................................... 6 Discrepancies in Proponent's Financial Proposal ............................................................... 7 Litigation ....................................................................................................................... 7 Additional Information ..................................................................................................... 7 Interviews ...................................................................................................................... 7 Negotiation of Contract and Award ................................................................................... 7 GENERAL CONDITIONS ....................................................................................................... 8 5.1 5.2 5.3 5.4 5.5 5.6 No City Obligation .......................................................................................................... 8 Proponents’ Expenses .................................................................................................... 8 No Contract ................................................................................................................... 8 Conflict of Interest .......................................................................................................... 8 Solicitation of Council Members ....................................................................................... 8 Confidentiality ................................................................................................................ 8 SCHEDULE A – SERVICES ....................................................................................................... 9 SCHEDULE B – DRAFT FORM OF CONTRACT ...................................................................... 18 SCHEDULE C – FORM OF PROPOSAL .................................................................................. 33 1220-30-34-07 REQUEST FOR PROPOSALS 1. INTRODUCTION 1.1 Purpose The purpose of this Request for Proposals (“RFP”) is to select a Contractor (or Contractors) for Field House Building Construction at Tom Binnie Park, Surrey, BC, as generally described in Schedules “A“ and “A-1”. The work involves the construction of the field house building in its entirety, according to all the specifications and requirements as stipulated by the City. 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” has the meaning set out in Schedule A and Schedule A-1; “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. 1220-30-34-07 3 2. INSTRUCTIONS TO PROPONENTS 2.1 Closing Time and Address For Proposal Delivery Proposals must be received by the office of: Manager, Purchasing & Payments City of Surrey Purchasing Section 6645 – 148th Street, Surrey, BC V3S 3C7 CONFIDENTIAL – DO NOT OPEN Proposal Closing Date & Time: Friday, September 7th, 2007 at 3:00 P.M. (local time). Submissions by fax [or email] will not be accepted. 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. At the time of issuance of this RFP a meeting has been scheduled for Wednesday, August 22 nd, 2007 at 10:30 a.m. at Tom Binnie Park, 10601 City Parkway, Surrey, BC. 2.3 Number of Copies Proponents should submit the original plus three hard copies (four in total) of their Proposals. 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 signator of the Proponent in the same manner as provided by Section 3 – Schedule “C“. 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. Ms. Violet McGregor Manager, Purchasing & Payments Purchasing Section Phone: 604-590-7274 Fax: 604-599-0956 E-mail: purchasing@surrey.ca 1220-30-34-07 4 Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 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 at www.surrey.ca (the “City Website”) and upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a 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: 1220-30-34-07 5 (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 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 (iii) in Schedule C-2, including additional information. (b) Technical (Services) The Evaluation Team will consider the Proponent's responses to items (i) to (v) in Schedule C-3. (c) Financial The Evaluation Team will consider the Proponent's response to Schedule C-5. (d) Statement of Departures The Evaluation Team will consider the Proponent's response to Schedule C-1. 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 comparative basis, evaluating the 1220-30-34-07 6 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 Schedule C-5 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; and, (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 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) 1220-30-34-07 enter into a Contract with the Preferred Proponent(s); or 7 (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. The City is under no obligation to accept the lowest or any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favourable in the interest of the City, or cancel the competition at any time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do nothing. 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 Proponents’ 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. 5.4 Conflict of Interest Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, Proponents should provide all pertinent information regarding ownership of their company within forty-eight (48) hours of the City’s request. 5.5 Solicitation of Council Members Proponents and their agents will not contact any member of the City Council or City staff with respect to this RFP at any time prior to the award of a contract or the termination of this RFP, and the City may reject the Proposal of any Proponent that makes any such contact. 5.6 Confidentiality All submissions become the property of the City and will not be returned to the Proponent. The City will hold all submissions in confidence 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. 1220-30-34-07 8 SCHEDULE A – SERVICES 1. PROJECT The project is for the construction of a field house building at: Tom Binnie Park 10601 – City Parkway (access off 135th Street) Surrey, BC Drawings/Documents will be available for viewing and download from the City’s File Transfer Protocol (FTP) website as follows: FTP INSTRUCTIONS TO VIEW RELATED FILES Open your Internet Browser. In the URL, or address field at the top, enter the following address: ftp://ftp.surrey.ca and hit <Enter> Click on “File” and then “Login As….” Enter “cos” as the User Name, “welcome” as the password and then click “Login” You should now be able to view Folder 1220-30-34-07. 2. SCOPE OF WORK The Contractor shall perform the complete work described herein or reasonably inferable there from, including all demolition and construction services, supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for the completion of the work. 1220-30-34-07 9 As part of the work, the Contractor shall furnish and assume full responsibility for everything required for the orderly progress and proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated into the Work including, but not limited to, materials, equipment, labour, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, utilities and all other facilities and incidentals. The Contractor will perform and provide the following services or work: (a) Supply all materials, equipment and labour necessary to design and complete the project in accordance with the attached specifications and drawings (including but not limited to): i) Installation of all footings and foundation work including any survey work related to construction of building, location of one corner and elevation Bench Mark will be provided by City’s Surveyor; (ii) installation of perimeter drain tile, damp proofing, storm connection, sump, pipes storm sewer system, backfilling and final grading within 6” to top of proposed asphalt work, to be done by City.; (iii) slab on grade construction including granular base, as per Geotechnical report and concrete and rebar for slabs, from top of Engineered Fill, installed by others prior to start of this contract. Assume Engineered fill will be at average of 2’ below top of slab at exterior doorways; (iv) construction of exterior and interior concrete block walls, including any necessary concrete and rebar, as per structural drawings and specifications, including any application of sealant; (v) Installation of all wood trusses and associated wood framing, installation vapour barrier, 5/8” drywall and ½” Crezon plywood to underside of trusses, complete with specific fire caulking, fire dampers etc.; including supply and installation of facia/trim, gutter and downpipes, etc.; (vi) Supply and installation of Metal doors, frames, and all openers, closers, locks and all finish hardware etc.; (vii) Supply and installation of all electrical wiring, conduits, light fixtures etc., as per Electrical Drawings and specifications; (viii) Supply and installation of all plumbing, heating and ventilation ductwork, fans, and water heater etc. as per Mechanical Drawings and specifications; (ix) all finishing work to interior and exterior surfaces, including walls, ceiling, floors as specified, doors, frames, panels, metal brackets etc. The Contractor will not be required to provide: i) Services to Field House Building, including – Water, Sanitary, Storm, Gas, and Power. Service connections will be provided by the City at a location within 4’ to the building. Contractor will have to connect to services at this location; and, ii) Landscaping around the building, including asphalt work and final 4” of road base under asphalt. 1220-30-34-07 10 3. 4. CONSULTANTS Project Designer: Forum Projects Ltd. (Joe McGovern) Mechanical: M. Lis and Associates Ltd. Electrical: Falcon Engineering Ltd. Structural: N.K.V. Engineering & Consulting Ltd. CONSULTANT RESPONSIBILITY The Consultant may periodically visit the work site(s) to become familiar with the progress of the Work, the quality of the Work being provided and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of these on-site inspections, the Consultant will keep the City informed of the progress of the Work, and will guard the City against defects and deficiencies in the Work by the Contractor and certify to the City that the Work in place equals or exceeds the amount requested by the Contractor on all applications for payment. Contractor to give proper notice to Consultant to do inspection prior to covering up any work that needs inspection or inspection required as per Consultant’s drawings. The Consultant will be the interpreter of the requirements of the drawings and specifications and any changes made to the drawings and specifications. Other Consultants: - Geotech site prep report. 5. MATERIALS & EQUIPMENT Within the text of specifications reference may be made to the following: ACI AISC ANSI ASTM CEC CEMA CGSB CISC CLA CPCA CPCI CRCA CSA FM IEEE IPCEA NAAMM NBC NEMA RCABC TTMAC ULC WHI American Concrete Institute American Institute of Steel Construction American National Standards Institute American Society of Testing and Materials Canadian Electrical Code (published by CSA) Canadian Electrical Manufacturer’s Association Canadian General Standards Board Canadian Institute of Steel Construction Canadian Lumberman’s Association Canadian Painting Contractors’ Association Canadian Prestressed Concrete Institute Canadian Roofing Contractors Association Canadian Standards Association Factory Mutual Engineering Corporation Institute of Electrical and Electronic Engineers Insulated Power Cable Engineers Association National Association of Architectural Metal Manufacturers National Building Code National Electrical Manufacturers’ Association Roofing Contractors Association of British Columbia Terrazzo, Tile and Marble Association of Canada Underwriters’ laboratories of Canada Warnock Hersey Conform to these standards, in whole or in part, as specifically requested in specifications 1220-30-34-07 11 If there is a question as to whether a product or system is in conformance with applicable standards, the City reserves the right to have such a product or system tested to prove or disprove conformance. Costs for such testing will be borne by the City Conform to latest issue of reference standards in effect on date of performance of work. 6. PRODUCT AND MATERIAL QUALITY Products, materials, equipment and articles incorporated in the Work shall be new, not damaged or defective, and of best quality, compatible with specifications for purpose intended. If requested, furnish evidence as to type, source and quality of products provided. Defective products will be rejected, regardless of previous inspections. Inspection does not relieve responsibility, but is precaution against oversight or error. Remove and replace defective products at own expense and be responsible for delays and expenses caused by rejection. Should any dispute arise as to the quality or fitness of products, the decision rests with the City. 7. MANUFACTURER’S INSTRUCTIONS Unless otherwise indicated in specifications, install or erect products in accordance with manufacturer’s instructions. Do not rely on labels or enclosures provided with products. Obtain written instructions directly from manufacturers. Notify the City in writing, of conflicts between specifications and manufacturer’s instructions, so that the City may establish a course of action. Improper installation or erection of products, due to failure in complying with these requirements, authorizes the City to require the removal and reinstallation at no cost to the City. 8. WORKMANSHIP (a) General: Workmanship shall be of best quality, executed by workers experienced and skilled in respective duties for which they are employed. Do not employ any unfit person or anyone unskilled in their required duties. The City reserves the right to dismiss for site, workers deemed incompetent, careless, insubordinate or otherwise objectionable. Decisions as to quality or fitness of workmanship in cases of dispute rest solely with the City, whose decision is final. (b) Coordination: Ensure cooperation of workers in laying out work. Maintain efficient and continuous supervision. Be responsible for coordination and placement of openings, sleeves and accessories. (c) 9. Protection of work in progress: Adequately protect Work completed or in progress. Work damaged or defaced due to failure in providing such protection is to be removed and replaced, or repaired, as directed by the City at no cost to the City. CONTRACTOR RESPONSIBILITY The Contractor shall: 1220-30-34-07 examine and ascertain all conditions of the site and premises pertinent to the work; 12 10. determine the schedule of the work to ensure the completion of the project is timely; delineate the scope of subcontracts and coordinate of all the work; work harmoniously with the Consultants by effectively communicating to achieve budget targets, schedules and project requirements with accurate information; maintain a log recording daily on all the pertinent details in regards to the construction for the inspection of the Consultant and the City; employ a competent supervisor and necessary assistants who shall be in attendance at the place of work while work is being performed; obtain all the necessary permits, e.g. trade permits, etc. as required by the Federal, Provincial and Municipal laws (the City will obtain the building permit); conform to all WCB requirements, and be responsible for the safety on the construction site of all its employees, sub-contractors, and any other personnel; comply with Federal, Provincial and Municipal regulations pertaining to the Environmental Protection in regards to air and water; solid, chemical and sanitary wastes; sediment, noise and other pollution; cleanup and dispose of all waste materials to the City of Surrey approved sites; mark changes on a set of construction drawings kept on site to facilitate the development of as-built plants as per section 22.1(a) of the contract; and, provide Site Security. RESPONSIBILITY OF THE CITY The City of Surrey shall: 11. acquire the Building Permit for this Structure; install and maintain site hoarding; provide site layout of hoarding; landscape the site; monitor the progress of the work; review and approve the construction of the field house building; perform quality assurance audits to verify the delivery of quality, durable and acceptable service to the public; issue instructions to the Project Co-coordinator, receive and process payment request, subject to the procedures defined in the agreement; ensure the satisfactory execution of the agreement; project Consultant and payment certifier will be determined before contract execution; and site Preparation – excavate for building footings. CHANGES TO THE WORK If additional or different work is required but is not listed in the Schedule C-5, the Contractor shall notify the City prior to commencing the work, and document the exact work required. No change to the Contract, either in the Contract price or the Work will be permitted unless it is covered by a formal written change order in accordance with the General Conditions. The City reserves the right to deny or approve of any additional work. If the Contractor has completed any additional work without a formal written change order, the City will not be responsible for those additional costs and the Contractor shall be responsible for the costs. 12. NOTIFICATION / SCHEDULE OF WORK The Contractor shall notify the City Representative, or designate of his work schedule twenty-four [24] hours in advance, based on Monday to Friday work week. The hours of work will be within the City of Surrey by-laws or as approved by the City. 1220-30-34-07 13 The City Representative, or designate shall be informed one week in advance of any stoppage or restart of work. Operation for each of the items may be separate and may involve several mobilizations, setting ups, and demobilization. Payment for these services and works is deemed to be included in the Unit Rates. 13. PROTECTION OF WATER COURSES The Contractor shall carry out his work in such a manner so as not to cause damage to creeks, ditches, or, other watercourses. Services and/or materials that will cause silting, or, which is deleterious to aquatic life shall not be allowed to enter the stream flow. The Contractor shall note that the Fisheries Act and the B.C. Water Act may require special provision to be taken for the protection of any specific watercourses. Work adjacent to creeks shall be in accordance with the regulations of the Provincial Wildlife Branch of the Ministry of Water, Land and Air Protection (MWLAP). All work and situations shall conform to Fisheries & Oceans and the MWLAP, Land Development guideline for the Protection of Aquatic habit. In the event of an environmental spill, the Contractor is required to contact B.C. Environment, Pollution Prevention & Remediation Branch, Special Wastes Unit at 1-800-863-3456. 14. MAINTENANCE OF ROADS AND TRAFFIC CONTROL During the execution of the Work(s), the Contractor shall be responsible for maintenance of the traveled road so that it is preserved in a reasonable condition to allow continuous safe public vehicular travel and pedestrian movement. The Work(s) shall be carried out in a manner that will not prohibit travel along the road or prevent access to property fronting the road. Emergency traffic such as Police, Fire and Disaster units shall be provided reasonable access at all times. The Contractor shall be liable for any damages, which may result from his failure to provide such reasonable access. The Contractor shall also provide, at the Contractors expense, erect and maintain all requisite barriers, fences or other proper protection as may be ordered by the City, in order to ensure safety to the public as well as to those engaged about the premises or Works. Signs, detours and flagging are to be in conformity with the latest edition of the Ministry of Transportation & Highways “Traffic Control Manual for Work on Roadways”, and to the satisfaction of the City. Further to the instructions of the traffic control manual, flag persons working during hours of darkness shall be illuminated in a manner acceptable to the City. When any work is carried out at night, the Contractor must supply, at the Contractor’s expense, a sufficient number of electric or other approved lights to enable the work to be done in an efficient and safe manner, and the City shall have the power to order additional lights at the Contractor’s expense if, in the opinion of the City, they are, or may be required. Prices quoted shall include flagging services. 15. DAMAGE The Contractor will be responsible for any and all damages to property or persons and for any losses or costs to repair or remedy the Services as a result of any negligent act or omission, or 1220-30-34-07 14 misconduct in the performance of the Services and its subcontractor’ work and shall indemnify and hold harmless the City, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting therefrom unless such loss, damage, injury or loss results from or arises out of the error, omission and/or negligent acts of the City, or its officers, employees or agents. Acceptance of the Services will not relieve the Contractor of the responsibility for subsequent correction of any such error, omission and/or negligent acts or of its liability for loss or damage resulting therefrom. Except as to professional liability, these indemnities shall not be limited by the listing of any insurance coverage. 16. CORRECTION OF THE SERVICES PERFORMED In the event the City determines that any portion of the Services is not in accordance with the requirements of this RFP, and the City determines in its sole discretion that reperformance of the defective work will adversely impact the time schedule, the City may either 1) direct the Contractor to reperform the work without cost to the City or adjustment in the time schedule or 2) accept the defective work and reduce the contract sum by an amount which, in the City’s reasonable discretion, is appropriate and equitable. Such adjustment will be effected whether or not final payment has been made and shall not require the acceptance of the Contractor. 17. PERMITS AND FEES The Contractor is to secure and pay for all permits (excluding Building Permit), and governmental fees, licenses and inspections necessary for proper execution and completion of the Services which are customarily secured after execution of an agreement and which are legally required when Proposals are received or negotiations are concluded. The Contractor is to comply with and give notices required by Laws applicable to performance of the Services. 19. WORKSITE CONDUCT All labourers and workers, while working in and around the City’s facilities, shall act in a professional manner. The Contractor is to enforce proper discipline and decorum among all labourers and workers on the worksite 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 worksite; 4) physical violence; 5) riding in the passenger elevators; 6) thievery; and 7) 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 labourer form the worksite immediately. 20. WORKSITE CLEAN-UP The Contractor is to at all times keep the premises free from accumulations of waste materials or rubbish caused by the Contractor’s work. At the completion of the Services, the Contractor is to remove all project signs and all rubbish and temporary work, of every nature, from and about the worksite. The Contractor is to remove all tools, scaffolding and surplus materials and is to leave the worksite broom clean or its equivalent. If the Contractor fails to clean up as required by this RFP, the City may do so, and the costs associated with such clean up is to be charged to the Contractor. 21. FINAL COMPLETION AND PAYMENT When the Services is finally complete and the Contractor is ready for a final inspection, the Contractor is to notify the City in writing. Thereupon, the City will perform a final inspection of the Services. If the City confirms that the Project is complete in full accordance with this RFP and the Contractor has performed all of its obligations to the City hereunder, the City will furnish a final approval for payment. 1220-30-34-07 15 SCHEDULE A-1 – STANDARDS AND SPECIFICATIONS B-1: SPECIFICATIONS, SCHEDULES & DETAILS – (released separately) Forum Projects Ltd. Division/Section Title Page DIVISION 1 Section 01010 01025 01035 01040 01050 01060 01110 01120 01130 01300 01400 01500 01600 01650 01710 01720 01740 GENERAL REQUIREMENTS Description of Work Measurement & Payment Modifications Procedures Coordination Field Engineering Regulatory Requirements Construction Safety Hazardous Materials Special Project Requirements Submittals Quality Control Construction Facilities & Security Material and Equipment Facilities Start-Up & Commissioning Cleaning Project Record Documents Contract Close Out 1 1 1 1 2 2 2 2 2 3 3 4 4 5 5 6 6 DIVISION 2 Section 02000 02100 02200 02250 SITE WORKS General Notes Site Preparation Excavation and Fills Site Services 1 2 3 4 DIVISION 3 Section 03000 03200 03300 04200 CONCRETE General Reinforcing Steel Cast-in-Place Concrete Masonry 1 2 2 4 DIVISION 6 Section 06100 06200 06200 WOOD AND PLASTICS Rough Carpentry Millwork Finish Carpentry 1 1 1 DIVISION 7 Section 07110 07160 07192 07210 07216 07410 07460 07600 07900 THERMAL AND MOISTURE PROTECTION Elastomeric Waterproofing Bituminous Dampproofing Vapour Barriers Building Insulation Perimeter Insulation Metal Roofing Cladding Flashing and Sheet Metal Roofing Sealants 1 1 1 1 1 1 1 1 1 1220-30-34-07 16 DIVISION 8 Section 08100 08305 08700 DOORS AND WINDOWS Metal Doors and Frames Access Doors Finish Hardware 1 1 1 DIVISION 9 Section 09260 09900 FINISHES Gypsum Board Painting 1 3 DIVISION 10 Section 10100 10800 SPECIALTIES Metal Compartments and Cubicles Washroom Accessories 1 1 DIVISION 15 Section 15400 MECHANICAL General 1 DIVISION 16 Section 16010 ELECTRICAL General 1 B-2: DRAWINGS – available on FTP site Forum Projects Ltd Drawing # A1 Rev. 3 A2 Rev. 7 A3 Rev. 6 A4 Rev. 6 A5 Rev. 5 A6 Rev. 6 A7 Rev. 6 A8 Rev. 6 Title Consultant list, Site Plan and General Notes Main Floor and Ceiling Layout North and South Elevations East & West Elevations & Section A Section B Section C Section D Section E & F M. Lis and Associates Ltd. Drawing # Title M1 Rev. 2 Specifications M2 Rev. 2 Plumbing and Specifications M3 Rev. 2 Heating and Ventilation Falcon Engineering Ltd. Drawing # Title E01 Rev. 2 Floor Plan, Lighting, Power and Auxiliaries E02 Rev. 2 Outline Specifications N.K.V. Engineering & Consulting Ltd. Drawing # Title S1 Structural Details B-3: GEOTECHNICAL REPORT - available on FTP site 1220-30-34-07 17 SCHEDULE B – DRAFT FORM OF CONTRACT SCHEDULE D DRAFT FORM OF CONTRACT [FINAL VERSION WILL BE SUBJECT TO CITY OF SURREY LEGAL SERVICES DEPARTMENT REVIEW AND APPROVAL] 1220-30-34-07 18 CONSTRUCTION CONTRACT BETWEEN CITY OF SURREY AND _________________________________ FOR FIELD HOUSE BUILDING CONSTRUCTION TOM BINNIE PARK - FIELD HOUSE REFERENCE NO.: 1220-30-34-07 19 CONSTRUCTION CONTRACT THIS CONTRACT dated the _______ day of _________________, 2007. BETWEEN: CITY OF SURREY A municipal corporation under the British Columbia Local Government Act, as amended, having the mailing address of its Municipal offices at 14245 – 56th Avenue, Surrey, BC V3X 3A2. (the "City") OF THE FIRST PART AND: ___________________________ ___________________________ ___________________________ (Full legal name and address of Contractor) (the "Contractor") OF THE SECOND PART WHEREAS the Contractor wishes to undertake the following project for the benefit of the City: (Insert a brief description of the works here) NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the premises and payment of One ($1.00) Dollar and other good and valuable consideration paid by each of the parties to each other (the receipt and sufficiency of which each party hereby acknowledges), the parties hereby covenant and agree with each other as follows: 1. DEFINITIONS 1.1 For the purposes of this Contract, the following terms shall have the meanings set forth below: (a) "Certificate of Substantial Performance" means a certificate issued indicating that Substantial Performance of the Work has been achieved; (b) "Certificate of Total Performance" means a certificate issued indicating that the Work has been achieved; (c) "Change" means: (i) an addition to the Work that is both of a type and character similar to the Work as defined in the Contract Documents; or (ii) a deletion of the Work indicated in the Contract Documents; or (iii) an alteration of the Work indicated in the Contract Documents, within the general scope of the Work as described in the Contract Documents; (d) "Change Order" means a written approval setting out a description of the Work covered by the Change, the price or method of valuation for the Work, the change in the Contract Price and adjustment, if any, to the Contract Time; (e) "City" means the City of Surrey; (f) "City's Representative" means the Manager, Parks Development Services; 20 (g) "Construction Schedule" means a construction schedule indicating the planned start and completion dates of the major activities of the Work as set out in section 11; (h) "Contract" means this Contract as set out and described in the Contract Documents; (i) "Contract Documents" means this Contract including all schedules and appendices, the park construction standards, specifications and drawings; (j) "Contract Price" means the price of the Work as set out section 4.1; (k) "Contract Time" means the period of time for the completion of the Work as provided by the Contract Documents; (l) "Contractor" means the person, firm or corporation identified as such in this Contract and includes the Contractor's authorized representative as designed to the City in writing; (m) "Contractor's Representative" means the person appointed by the Contractor to represent the Contractor for the purposes of this Contract and so notified to the City in writing; (n) "Extra Work" means additional Work that the City may wish performed that is Extra Work and not a Change. Extra Work may be declined by the Contractor or may, upon agreement between the parties, be undertaken as Extra Work; (o) "Place of Work" means the designated site or location where the Work products are to be finally or permanently constructed or installed; (p) "Substantial Performance" means the Work, or a substantial part of it, is ready for use or is being used for the purpose intended; and (q) "Work" means and includes anything and everything required to be done for the fulfillment and completion of this Contract. 2. THE WORK 2.1 The Contractor will perform Work and provide all labour, equipment and material and do all things strictly as required by the Contract Documents, including without limitation the scope of work and drawings specified in Schedule 1. 2.2 The Contractor will commence the Work on or before (insert date here). The Contractor proceed with the Work diligently, will perform the Work generally in accordance with Construction Schedule as set out in Schedule 2 as required by the Contract Documents and achieve Substantial Performance of the Work on or before (insert date here) subject to provisions of the Contract Documents for adjustments to the Contract Time. 2.3 Time shall be of the essence of the Contract. 3. CONTRACT DOCUMENTS 3.1 All of the Contract Documents shall constitute the entire Contract between the City and the Contractor. 3.2 The Contract supersedes all prior negotiations, representations or agreements, whether written or oral, and the Contract may be amended only in strict accordance with the provisions of the Contract Documents. 3.3 If there is any inconsistency or conflict between the provisions of the Contract Documents, then the Contract Documents shall govern and take precedence in the following order with this Contract taking precedence over all other Contract Documents: (a) Contract; (b) Park Construction Standards; (c) Standards, Specifications & Drawings; and (d) all other Contract Documents will the will the 21 3.4 A portion of the Contract Documents are included by reference only. They are contained in the publication entitled “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings”. All sections of the MMCD are by reference included in the Contract Documents. 4. CONTRACT PRICE 4.1 The Contract Price for the Work shall be the sum of (insert figures here) dollars, plus goods and services tax in the amount of (insert figures here) dollars, for a total Contract Price of (insert figures here) dollars in Canadian funds (the "Contract Price") plus any adjustments approved by the City, including any payments owing on account of Change Orders and agreed to Extra Work, approved in accordance with the provisions of the Contract Documents. 4.2 The Contract Price shall be the entire compensation due to the Contractor for the Work and this compensation shall cover and include all profit and all costs of supervision, labour, material, equipment, overhead, financing, and all other costs and expenses whatsoever incurred in performing the Work. The Contract Price is a firm fixed price. 5. HOLDBACKS 5.1 The City shall hold back 10%, or other percentage as required by the Builders Lien Act, S.B.C. 1997, c. 45, as amended (the "Builders Lien Act"), of any amounts due to the Contractor as a builders lien holdback. 5.2 In addition to other holdbacks as provided by the Contract Documents, when considering Substantial Performance, the City may hold back from payments otherwise due to the Contractor 200% of a reasonable estimate, as determined by the City's Representative, on account of deficient or Defective Work already paid for. This holdback may be held, without interest, until such deficiency or defect is remedied. The items of defect or deficiency and the amounts of related holdback shall be listed separately on the invoice. 5.3 If after Substantial Performance is achieved the Contractor is unable to complete any of the Work because of climatic or other conditions beyond the Contractor's reasonable control, then the City may hold back from payments otherwise due to the Contractor the amount as estimated by the City's Representative in consultation with the Contractor by which the cost to have others complete the Work exceeds the estimated Contract Price for such Work. 5.4 The City 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 15% as security for costs. The City may, at its option, after five (5) 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 City shall pay such holdback to the Contractor, without interest. 6. INVOICING AND PAYMENT 6.1 Subject to applicable legislation, including without limitation the holdbacks referred to in above, and the provisions of the Contract Documents, the City shall make payments to the Contractor thirty (30) days after receipt of any invoice from the Contractor. 6.2 The Contractor shall submit invoice(s) for payment to the City, based on the completion of each phase of the Work. Any and all Extra Work as approved by the City, must be clearly identified and quantified on a separate invoice(s). 6.3 The invoice(s) submitted for the completion of each project phase shall be clearly itemized to the details of the phase completed or the amount of Work performed, the billing rates, show an invoice number, contractor's name, address, telephone number, reference a purchase order number or name and location of employee, and in an itemized manner the amount due for each phase completed, tax (if any) and a grand total. The grand total will be subject to holdbacks. 6.4 The payment by the City of any monthly or other payment shall not bind the City with respect to any subsequent payment or the final progress payment, but shall be taken as approximate only, and shall not mean, or be construed to mean, that the City has accepted Work that is not in 22 accordance with the requirements of the Contract Documents, or that the Contractor is in any manner released from its obligation to comply with the Contract Documents. 6.5 For earlier payment, the Contractor can offer a cash discount. All payment cheques are mailed. 7. PERFORMANCE OF THE WORK 7.1 The Contractor will perform and provide all labour, services and other acts, and provide all equipment, machinery, water, heat, power, and facilities required for performance of the Work. 7.2 The Contractor will not proceed with any work that is not part of the Work, except in accordance with the Contract. 7.3 The Contractor will apply for and pay for all necessary permits and licenses and pay all fees required for the performance of the Work. 8. CHANGES 8.1 The City may, without invalidating the Contract, change the Work by adding to or deducting from the Work in which event the Construction Schedule will be adjusted. 8.2 The Contractor will not proceed with any Change without a written Change Order signed by the City. 9. SITE CONDITIONS 9.1 The Contractor acknowledges and agrees that: (a) it has had the opportunity to review the Geotechnical report provided by Levelton and Associates, and that adequate provision has been made to install the foundations on firm bearing soils at depth of footings shown on Architectural drawings and has allowed for interior footings elevations to match elevation of perimeter footings if required, at no additional cost to the City; and 10. DOCUMENTS 10.1 The Contractor will keep one copy of the Contract, including the schedules and all drawings, specifications and shop drawings, at the Place of Work in good order and available for review by the City's Representative, and deliver a complete set to the City upon Substantial Performance of the Work. 10.2 The Contractor agrees that the City is hereby granted an unconditional and irrevocable perpetual license to reproduce and use, in whole or in part, and for any purpose or other project or work the City desires, all matters contained in or set out in the Contract including all drawings and specifications and all models furnished by the Contractor, and the Contractor agrees that the license granted by this section comprises the copyright, industrial design, trademark and all other intellectual property therein. 11. Time 11.1 The Contractor will proceed diligently and complete the Work in a good and workmanlike manner and strictly in accordance with the Construction Schedule. 11.2 If the Contractor is delayed in the performance of the Work by any act or neglect of the City, the Construction Schedule will be extended for such time as may be agreed by the City and the Contractor, acting reasonably. 11.3 The Contractor will, as required by the City, provide or up-date the Construction Schedule, showing the anticipated start and completion dates and durations of the major elements of the Work. Failure or refusal to provide a Construction Schedule or up-date will be a default. 11.4 Time is of the essence of the Contract. 23 12. TAXES AND DUTIES 12.1 The Contractor will pay all taxes, custom duties and other charges relating to the Work, and the supply and installation of all materials and equipment included in the Work. 12.2 Where an exemption of taxes, custom duties or other charges is applicable to the Contract by way of the Contractor filing claims for, or cooperating fully with the City and the proper authorities in seeking to obtain such refunds, the Contractor will make such applications and provide such cooperation. Refunds that are properly due to the City and have been recovered by the Contractor will be promptly refunded to the City. 13. BUILDERS LIENS 13.1 The Contractor will immediately take steps to keep the Place of Work free of any builder's liens and certificates of pending litigation and the Contractor will defend and indemnify the City from any builder's lien or certificate of pending litigation filed as a result of the Work. The Contractor will pay all costs and expenses including actual legal costs incurred by the City as a result of any builder's lien or certificate of pending litigation related to the Work. 14. CITY DIRECTIONS 14.1 The Contractor will in all respects complete the Work in accordance with the City's requirements and standards and to the satisfaction of the City. 14.2 The City's Representative may at any time and from time to time inspect the Work. 14.3 The Contractor will comply with all directions from the City relating to the coordination of the Work with the activities of the City or with other contractors hired by the City, should there be any. 14.4 The Contractor will have total control of the Work and will be solely responsible for ensuring the Work is in accordance with the requirements of the Contract. 15. INSPECTIONS 15.1 If Work is designated for tests, inspections or approvals by authorized agencies, the Contractor will give the City's Representative reasonable notice of when the Work will be ready for review and inspection. 16. USE OF PLACE OF WORK 16.1 The Contractor will confine its tools, machinery, equipment and materials to limits as may be established by the City's Representative, acting reasonably. 16.2 The Contractor will maintain the Place of Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the City, other contractors or their employees. 16.3 Prior to application for the Certificate of Total Performance, the Contractor will remove all surplus products, tools, machinery and equipment, and any waste and debris, and leave the Place of Work clean and suitable for occupancy by the City. 16.4 The Contractor will not have exclusive use of the Place of Work, and will undertake the Work in cooperation with the City, and other users of the Place of Work as the City may permit or direct. 16.5 The Contractor will protect the property adjacent to the Place of Work from damage and will hold the City harmless from any claims which may arise as a result of the Contractor's operations under the Contract, or from failure to provide such protection, or both. 16.6 The Contractor will protect the Work and the City's property from damage and will be responsible for any damage which may arise as a result of operations under the Contract, except damage which occurs as a result of actions of the City. 16.7 Should any damage occur to the Work or the City's property, or both, for which the Contractor is not responsible, the Contractor will: (a) make good such damage to the Work, and 24 (b) if the City so directs, make good such damage to the City's property, and the Construction Schedule will be extended for such time as may be agreed by the City and the Contractor, acting reasonably. The Contractor will provide a written estimate of cost to do the repairs, change order will be issued by Project Coordinator. 16.8 The City may take possession of and use any completed portion of the Work regardless of the time for completion of the Work. Such possession or use will not be construed as final acceptance of the Work or portion. 17. SUPERVISION 17.1 The Contractor will provide competent supervision as is necessary to perform the Work. 18. CODES AND REGULATIONS 18.1 The Contractor will perform the Work in full compliance with all applicable federal, provincial and municipal enactments, codes and regulations. 19. CONTRACTOR'S WARRANTY 19.1 The Contractor represents, warrants and guarantees to the City that: 19.2 (a) the Work will, in all respects, be constructed in a good and workmanlike manner; (b) the Work will be constructed in accordance with all applicable laws in effect at the date of the Contract and in accordance with the best current and prevailing industry practices; (c) the Work will be supplied, procured, fabricated, installed, constructed and completed in accordance with all requirements of the Contract; (d) all Work will be free from defects or deficiencies arising from faulty construction, faulty material, faulty equipment, faulty installation or faulty workmanship; (e) the Work as constructed will be fit for the purpose intended; (f) title to all Work and all parts thereof shall be free and clear of all liens, charges, encumbrances and adverse claims whatsoever; and (g) no part of the Work shall constitute an infringement of any patent, trade mark, copyright or other proprietary interest. The Contractor agrees to correct any deficiency in the Work arising from faulty construction, faulty material, faulty equipment, faulty installation or faulty workmanship, which appear: (a) in the case of any roof, in the period of five (5) years after Substantial Performance of the Work; (b) for other Work, excluding Work covered by a warranty greater than twelve (12) months, in the period of twelve (12) months after the date of Substantial Performance of the Work; and (c) for other Work in the period of any warranties. 19.3 The Contractor shall undertake all repairs or replacements at times that will minimize interference with the City's operations. 19.4 Nothing contained herein limits the rights of the City in relation to recovery for latent deficiencies in the Work or otherwise limits the rights of the City at law or in equity. 19.5 The Contractor shall not be relieved of its warranty obligations by reason of inspection, testing or acceptance of the Work or any portion thereof, or the issuance of a Certificate of Substantial Performance, or a Certificate of Total Performance, or payment to the Contractor of any money under the Contract. 25 20. WAIVERS 20.1 The Contractor's application for the Certificate of Substantial Performance shall constitute a waiver and release by the Contractor of any and all claims arising out of or relating to the Contract to the date of Substantial Performance. This waiver shall include without limitation those that might arise from the negligence or breach of contract by the City, the City's Representative and their respective employees, agents, officers and consultants, but does not include claims made by the Contractor in writing prior to such application in accordance with the provisions of the Contract Documents and delivered to the City's Representative prior to date of Substantial Performance and still unsettled. 20.2 The Contractor's application for the Certificate of Total Performance shall constitute a waiver and release by the Contractor of any and all claims arising out of or relating to the Contract that have arisen between the date of Substantial Performance and the date of the Certificate of Total Performance. This waiver shall include those that might arise from the negligence or breach of contract by the City, the City's Representative, and their respective employees, agents, officers and consultants, but does not include claims by the Contractor in writing prior to such application in accordance with the provisions of the Contract Documents and delivered to the City's Representative and still unsettled. 21. SUBSTANTIAL PERFORMANCE 21.1 The City or its consultant will, after receipt of a written application from the Contractor for a Certificate of Substantial Performance, make an inspection and assessment of the Work and issue a Certificate of Substantial Performance or if the City decides that Substantial Performance has not been achieved, consult with the Contractor and advise the Contractor of the Work required to achieve Substantial Performance. 21.2 An application for Substantial Performance shall be accompanied by: (a) a sworn declaration in a form acceptable to the City Representative that all amounts relating to the Work, due and owing as of the end of the month covered by the invoice to third parties including all subcontractors and suppliers, have been paid; and (b) documentation satisfactory to the City's Representative showing compliance with Workers' Compensation Board requirements. 21.3 The City shall pay any builders lien holdback as required by the Builders Lien Act, or on such other date as required by law, but the City may hold back the amounts for any deficiencies or filed builders liens. 21.4 The City's Representative shall be the payment certifier responsible for payment certification for the Contractor under the Builders Lien Act. The Contractor shall be the person responsible for payment certification for all subcontractors, including the subcontractors, as required under the Builders Lien Act. 22. TOTAL PERFORMANCE 22.1 Before applying for a Certificate of Substantial Performance, the Contractor will provide to the City the following: 22.2 (a) complete sets of digital drawings and specifications, in reproducible form, showing the as-built Work; (b) complete sets of maintenance manuals for any and all equipment comprised in the Work; and (c) the results of quality control testing by the Contractor. The Contractor may apply for a Certificate of Substantial Performance and the procedure and requirements for the issuance of the Certificate of Substantial Performance shall include the provision by the Contractor of the sworn declaration and Workers' Compensation Board compliance documentation. 26 23. WORKERS' COMPENSATION BOARD AND OCCUPATIONAL HEALTH AND SAFETY 23.1 The Contractor will, at its own expense, procure and carry full Workers' Compensation Board coverage for itself and all workers, employees, servants and others engaged in the supply of the Goods and Services. The City has the unfettered right to set off the amount of the unpaid premiums and assessments for the Workers' Compensation Board coverage against any monies owning by the City to the Contractor. The City will have the right to withhold payment under this Agreement until the Workers' Compensation Board premiums, assessments or penalties in respect of the Goods and Services have been paid in full. 23.2 The Contractor will provide the City with the Contractor's Workers' Compensation Board registration number and a letter from the Worker's Compensation Board confirming that the Contractor is registered in good standing with the Workers' Compensation Board. 23.3 Without limiting the generality of any other indemnities granted by the Contractor in this Agreement, the Contractor will indemnify and save harmless the Indemnitees from and against all claims, demands, causes of action, suits, losses, damages, costs, liabilities, expenses, judgments, penalties and proceedings (including all actual legal costs) which any of the Indemnitees incur, suffer or are put to arising out of or in any way related to unpaid Workers' Compensation Board assessments owing from any person or corporation engaged in the performance of this Agreement or arising out of or in any way related to the failure to observe safety rules, regulations and practices of the Workers' Compensation Board, including penalties levied by the Workers' Compensation Board. 23.4 The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto. The Contractor agrees that it is the "Prime Contractor" for the Services as defined in the Workers Compensation Act. 23.5 The City may, on twenty-four (24) hours written notice to the Contractor, install devices or rectify any conditions creating an immediate hazard existing that would be likely to result in injury to any person. However, in no case will the City be responsible for ascertaining or discovering, through inspections or review of the operations of the Contractor or otherwise, any deficiency or immediate hazard. 23.6 The Contractor understands and undertakes to comply with all the Workers' Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded. 24. INSURANCE 24.1 The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain throughout the Term of the Agreement the following insurances in forms and amounts acceptable to the City from insurers licensed to conduct business in Canada: (a) Commercial General Liability insurance on an occurrence basis, it an amount not less than five million ($5,000,000) 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, agents, consultants and subcontractors. The insurance policy will be endorsed to add the City as additional insured and 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 shall include, but not be limited to: Premises and operations liability, Broad form products and completed operations, Owners and contractors protective liability, Blanket contractual, Employees as additional insureds, Non-owned automobile, Contingent employers liability, 27 Broad form loss of use, Personal injury, and where such further risk exists: Use of explosives for blasting, Vibration from pile driving or caisson work, Removal or weakening of support of property, building or land whether the support is nature or otherwise, Work below ground level over three meters, Attached machinery, and Elevator and hoist liability. (b) Automobile liability insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than three million ($3,000,000) dollars per occurrence for bodily injury, death and damage to property. (c) If this agreement is for an addition or renovation to an existing structure, an Installation Floater for the full replacement value of property being installed, used in or forming part of the installation against all risks of physical loss or damage including bylaws, flood and earthquake. The coverage will include property in transit and while awaiting, during and after installation and testing and until acceptance by the City. Bylaw coverage will include loss which requires the demolition of any portion of the buildings or structures which have not suffered damages. (d) The Contractor will provide the City with evidence of the required insurance prior to the commencement of the Agreement. Such evidence will be in the form of a completed City of Surrey Certificate of Insurance. When requested by the City, the Contractor shall provide certified copies of required insurance policies. (e) All required insurance shall be endorsed to provide the City with thirty (30) days advance written notice of cancellation or material change. (f) The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor’s property. (g) The Contractor shall require and ensure that each subcontractor maintain insurances comparable to that required above. (h) The Contractor shall be responsible for deductible amounts under the insurance policies. (i) All the foregoing insurance shall be primary and not required the sharing of any loss by the City or any insurer of the City. (j) The Contractor shall place and maintain, or cause any of its Subcontractors to place and maintain such other insurance or amendments to the foregoing policies as the City may reasonably direct. 24.2 The Contractor will provide proof of the required insurance coverage prior to commencing the Work. Such proof will be in the form of a City of Surrey certificate of insurance. 24.3 The Contractor acknowledges that any requirement by the City as to the amount of coverage under any policy of insurance will not constitute a representation by the City that the amount required is adequate and the Contractor acknowledges and agrees that it is solely responsible for obtaining and maintaining policies of insurance in adequate amounts. The insurance policy coverage limits shall not be construed as relieving the Contractor from responsibility for any amounts which may exceed these limits, for which the Contractor may be legally liable. 25. INDEMNIFICATION 25.1 The Contractor shall indemnify and hold harmless the City, its elected officials, its officers, agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by third parties that arise out of, or are attributable to, any act or omission or alleged act or omission of the Contractor, the Contractor's agents, employees or subcontractors or suppliers in performance of the Contract. 28 25.2 The City shall indemnify and hold harmless the Contractor, its agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of Work. 26. REJECTED WORK 26.1 Work that is defective ("Defective Work"), whether the result of poor design, poor workmanship, use of defective materials or damage through carelessness or other acts, and whether incorporated in the Work or not, which has been rejected by the City as failing to conform to the Contract will be removed promptly by the Contractor and replaced and re-executed promptly and properly at the Contractor's expense. 27. DEFAULT 27.1 If the Contractor: (a) is adjudged bankrupt, makes a general assignment for the benefit of creditors, or a receiver is appointed on account of its insolvency; (b) fails to supply competent supervision, properly skilled workers or proper materials; (c) fails to make prompt payment to its contractors, suppliers or workers; (d) fails to observe, or breaches the provisions of the Contract; (e) fails to remove and replace Defective Work; (f) abandons the Work; or (g) fails to adhere to the Construction Schedule; the Contractor is in default of the Contract and the City may give the Contractor written notice to remedy such default. If the Contractor does not commence correction of such default within five (5) business days of receiving such notice and diligently pursue correction of such default, the City may suspend the Work or terminate the Contract, without prejudice to any other right or remedy the City may have. 27.2 The parties agree that if the City terminates the Contract under the conditions set out above, the City shall pay the Contractor: (a) 27.3 for all Work performed, plus reimbursement for expenditures made on account of the remaining Work, but shall not pay for profit and overhead on account of the remaining Work or any additional costs incurred because of the termination. If the City terminates the Contract, the City may: (a) take possession of the Work and materials, and utilize the Contractor's machinery and equipment at the Place of Work to the extent third party rights are not impaired, and bring the Work to completion by whatever method the City may deem expedient; and (b) upon completion of the Work, charge the Contractor the full cost of completing the Work, as certified by the City's Representative, including remedying any deficiencies in the Work. 28. CORRECTION BY CITY 28.1 In addition to the right of termination, if the Contractor fails to comply with a provision of the Contract, including failure to remove and replace Defective Work, the City may, without prejudice to any other remedy it may have, correct such default and charge the Contractor the full cost of correcting the default. 29 29. DISPUTE RESOLUTION 29.1 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. 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 negotiations. 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. 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. 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. 30. ASSIGNMENT AND SUBCONTRACTS 30.1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to Work to be performed under subcontract and to: (a) enter into contracts or written agreements with subcontractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract Documents; and (b) be as fully responsible to the City for acts and omissions of subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by them. The Contractor agrees that he will incorporate the terms and conditions of the Contract Documents into all subcontract agreements entered into with subcontractors. 30.2 The Contractor agrees to employ those subcontractors proposed by in writing and accepted by the City at the signing of the Contract. The Contractor shall not, without the written consent of the City, change a subcontractor who has been engaged in accordance with the Contract. 30.3 The City may, for reasonable cause, object to the use of a proposed subcontractor and require the Contractor to employ another subcontractor. 30.4 In the event that the City requires a Change from a proposed subcontractor, the Contract Price shall be adjusted by the difference in cost and mark-up occasioned by such required Change. 30.5 The Contractor shall not be required to employ as a subcontractor a person or firm to whom he may reasonably object. The Contractor may, upon reasonable request and at its discretion, provide to a subcontractor information as to the percentage or quantity of the subcontractor's work which has been certified for payment. 30.6 30.7 Nothing contained in the Contract Documents shall create a contractual relationship between a subcontractor and the City. 30 31. NOTICES 31.1 Communications between the City and the Contractor, including all written notices required by the Contract Documents, may be delivered by hand, or by fax, or by pre-paid registered mail to the addresses set out below: To the City: Attention: Manager, Park Development Services City of Surrey Parks, Recreation & Culture Department – Parks Division 14645 – 66th Avenue, Surrey, BC V3S 5M2 Fax: 604with a copy to the City Solicitor at: Attention: Craig MacFarlane, City Solicitor City of Surrey Legal Services 14245 – 56th Avenue, Surrey, BC V3X 3A2 Fax: 604or such other address as the City may from time to time designate in writing; and to the Contractor by registered mail addressed to the Contractor at: To the Contractor: Address: Telephone Number: Fax Number: E-mail: Name of Person to whose attention it should be sent 31.2 A communication or notice that is addressed as above shall be considered to have been received: (a) immediately upon delivery, if delivered by hand; or (b) immediately upon transmission if sent and received by fax; or (c) after five (5) days from date of posting if sent by registered mail. 31.3 The City or the Contractor may, at any time, change their address for notice by giving written notice to the other at the address then applicable. 31.4 The sender of a notice by fax assumes all risk that the fax will be received properly. 32. GENERAL 32.1 The Contract contains the entire agreement between the City and the Contractor and may not be amended except in writing and signed by both parties. 32.2 All schedules attached to the Contract will be read and construed as forming part of the Contract. 32.3 The Contract will be interpreted in accordance with the laws of the Province of British Columbia. 32.4 The headings are included in the Contract for convenience only and will not be referred to in interpreting the Contract. 32.5 No consent or waiver by either party to or of any breach or default by the other under the Contract will be effective unless in writing, nor will such consent or waiver be relied on as consent to or waiver of any other breach or default of the same or any other obligation. 31 32.6 Each party will, at its own expense, execute and deliver all such further agreements and documents and do such acts and things as may be reasonably required to give effect to the Contract. IN WITNESS WHEREOF, the parties hereto have executed the Contract on the day and year first above written. CITY OF SURREY by its authorized signatories: _______________________________ Insert Name of Person Signing Insert Title of Person Signing _______________________________ Insert Name of Person Signing Insert Title of Person Signing INSERT NAME OF CONTRACTOR by its authorized signatories: _______________________________ Insert Name of Person Signing Insert Title of Person Signing _______________________________ Insert Name of Person Signing Insert Title of Person Signing 32 SCHEDULE C – FORM OF PROPOSAL RFP Project Title: FIELD HOUSE BUILDING CONSTRUCTION TOM BINNIE PARK - FIELD HOUSE RFP Reference No.: 1220-30-34-07 Legal Name of Proponent: Contact Person and Title: Business Address: Telephone: Fax: E-Mail Address: TO: MANAGER, PURCHASING & PAYMENTS Finance & Technology Department Purchasing Section, City of Surrey, 14245 – 56th Avenue, Surrey, BC Canada V3X 3A2 Dear Madame: 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. 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 ________________, 2007. I/We have the authority to bind the Proponent. __________________________________ ____________________________________ (Name of Proponent) (Name of Proponent) __________________________________ ____________________________________ (Signature of Authorized Signing Officer) (Signature of Authorized Signing Officer) __________________________________ ____________________________________ (Position) (Position) 33 SCHEDULE C-1 – STATEMENT OF DEPARTURES 1. I/We have reviewed the proposed Contract attached to the RFP as Schedule “D”. If requested by the City, I/We would be prepared to enter into that Contract, amended by the following departures (list departures, 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, Worker’s Compensation Registration Number _________________________________________; b) A Safety program that meets the WCB standards; c) 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 @ www.surrey.ca, Certificate of Insurance – Standard Form; d) City of Surrey business license; and, e) The company name indicated above is registered with the Registrar of Companies in the Province of British Columbia, Canada. Company Registration 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 Departure / Alternative 34 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES Proponents should provide information on the following (use the spaces provided and 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; and, Proponents should also provide information on the background and experience of key personnel proposed to undertake the Services (complete the chart below for all personnel proposed to undertake the Services): Key Personnel Name: _____________________________ Years of Experience: ______________________ Name: _____________________________ Years of Experience: ______________________ Responsibility: _____________________________ Responsibility: _____________________________ Name: Name: _____________________________ Years of Experience: ______________________ _____________________________ Years of Experience: ______________________ Responsibility: _____________________________ Responsibility: _____________________________ Name: Name: _____________________________ Years of Experience: ______________________ Responsibility: _____________________________ _____________________________ Years of Experience: ______________________ Responsibility: _____________________________ 35 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES – CONT’D References Proponent to provide three references of recent successful performance of the Services as generally described in Schedule A where the requirements were similar to the City’s requirements as set out in the RFP. The City reserves the right to request site visits and demonstrations of existing Proponent operations. The City reserves the right to contact any person(s), agency(ies) or firm(s) not listed as part of an independent review. Reference #1 Name of client’s organization: Reference Contact Information: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Information on any significant obstacles encountered and overcome for this type of Field house Building Construction. Reference #2 Name of client’s organization: Reference Contact Information: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Information on any significant obstacles encountered and overcome for this type of Field house Building Construction. 36 Reference #3 Name of client’s organization: Reference Contact Information: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Information on any significant obstacles encountered and overcome for this type of Field house Building Construction. Sub-Contractors Proponents should provide the following information on the background and experience of all subcontractors 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 WORKING WITH CONTRACTOR TELEPHONE NUMBER AND EMAIL 37 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; and, ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (v) a description of the type and level of detail of documentation provided with each Field house Building Construction. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 38 SCHEDULE C-4 - PROPONENT’S TECHNICAL PROPOSAL (SCHEDULE) Proponents to provide an estimated construction schedule, using the table below or a Gantt chart of Proponent’s choice, indicating the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be performed in conformity with the Contract Time. MILESTONE DATES __________________________________ ACTIVITY 1 2 3 SCHEDULE (WEEKS) 4 5 6 7 8 9 10 The Contractor offer to substantially perform the Field house Building Work described within _________________ weeks from the date of contract award and acknowledges that the construction duration may be considered by the City in evaluating the Proposal and determining the contract award. 39 SCHEDULE C-5 – PROPONENT’S FINANCIAL PROPOSAL Indicate the Proponent’s proposed fee (PST included where necessary, but excluding GST), and the basis of calculation as follows (as applicable): 1. SCHEDULE OF UNIT COSTS AS PER MASTER FORMAT SYSTEM OF CLASSIFICATIONS AND NUMBERING: Description: Division 1 General Requirements =_____________ Division 2 Site Work =_____________ Division 3 Concrete =_____________ Division 4 Masonry =_____________ Division 5 Metals =_____________ Division 6 Wood and Plastic =_____________ Division 7 Thermal and Moisture Protection =_____________ Division 8 Doors and Windows =_____________ Division 9 Finishes =_____________ Division 10 Specialties =_____________ Division 15 Mechanical =_____________ Division 16 Electrical =_____________ *TOTAL PROPOSAL PRICE (PST INCLUDED, GST EXCLUDED): $ 2. PAYMENT A cash discount of ____________% will be allowed if accounts are paid within ________ days after receipt of an invoice or on a net 30 days basis. 3. HOURLY LABOUR RATES, INCLUDING OVERHEAD AND PROFIT FOR APPROVED EXTRAS/CREDITS: Sub-Trade Labourer and Apprentice (Provide rate for each sub-trade) $ Hourly Rate Carpenter (Journeyman) $ Electrician (Journeyman) $ Mason (Journeyman) $ Plumber (Journeyman) $ Painter (Journeyman) $ Sheet Metal (Journeyman) $ Mark-up for Overhead and Profit for Material/Equipment for Approved Extra/Credits for each Sub-trade = ___________%. 40