REQUEST FOR QUOTATIONS
TITLE:
BULK AND DETAIL EXCAVATION SERVICES FOR THE CITY
CENTRE LIBRARY PROJECT
FILE No.:
1220-40-15-10
FOR THE SUPPLY OF GOODS AND SERVICES
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
INTRODUCTION ................................................................................................................. 3
TERM .................................................................................................................................. 3
ADDRESS FOR DELIVERY ................................................................................................ 3
DATE ................................................................................................................................... 3
INQUIRIES .......................................................................................................................... 3
ADDENDA ........................................................................................................................... 3
DURATION OF QUOTATION .............................................................................................. 4
NO CONTRACT .................................................................................................................. 4
ACCEPTANCE .................................................................................................................... 4
CONTRACTOR'S EXPENSES ............................................................................................ 4
CONTRACTOR'S QUALIFICATIONS .................................................................................. 4
CONFLICT OF INTEREST .................................................................................................. 4
SOLICITATION OF COUNCIL MEMBERS, CITY STAFF OR CONSULTANTS................... 5
CONFIDENTIALITY ............................................................................................................. 5
SIGNATURE ........................................................................................................................ 5
SCHEDULE A – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES………………..6
SCHEDULE B – CONSTRUCTION CONTRACT…………………………………………………….10
SCHEDULE C – FORM OF QUOTATION…………………………………………………………….24
RFQ #1220-40-15-10
PAGE 2 of 34
REQUEST FOR QUOTATIONS
1.
INTRODUCTION
The City of Surrey (the “Owner”) invites contractors to provide a quotation on the form
attached as Schedule C (the "Quotation") for the supply of the goods (if any) and services
described in Schedule A (the "Goods and Services"). The description of the Goods and
Services sets out the minimum requirements of the Owner. A person that submits a
Quotation (the "Contractor") should prepare a Quotation that meets the minimum
requirements, and may choose, in addition to also include goods, services or terms that
exceed the minimum requirements.
2.
TERM
The Contractor will provide the Goods and Services set out in Schedule A for the period
commencing on or before March 5th, 2010 and terminating on April 2nd, 2010 (the "Term").
The parties may extend the Term by mutual agreement. If the Term is extended, the
provisions of this Agreement will remain in force except where amended in writing by the
parties.
3.
ADDRESS FOR DELIVERY
The Quotation should be submitted to the Owner at the office of:
Violet McGregor
Purchasing Technical Specialist
City of Surrey
6645 – 148 Street
Surrey, BC V3S 3C7
Fax: (604) 599-0956
Email (PDF Files Only): purchasing@surrey.ca
Faxed Quotations or emailed PDF Quotations are permitted, but a Contractor bears all risk
that the Owner’s fax equipment functions properly so that the Owner receives the Quotation.
If the Contractor prefers to submit a hard copy, the Contractor will submit one original
unbound Quotation and 1 copy (2 in total).
4.
DATE
The Owner would prefer to receive Quotations on or before Thursday, February 25, 2010.
The Owner’s office hours are 8:30 a.m. to 4:30 p.m., Monday to Friday, except statutory
holidays.
5.
INQUIRIES
All inquiries related to this Request for Quotation ("RFQ") should be directed in writing by fax
to:
Violet McGregor
Purchasing Technical Specialist
City of Surrey
6645 – 148 Street
Surrey, BC V3S 3C7
Fax: (604) 599-0956
Email: purchasing@surrey.ca
RFQ #1220-40-15-10
PAGE 3 of 34
6.
ADDENDA
If the Owner determines that an amendment is required to this RFQ, the Owner
Representative will post a written addendum on the Owner’s FTP site that will form part of
this RFQ. No amendment of any kind to the RFQ is effective unless it is posted in a formal
written addendum on the Owner’s FTP site. Upon submitting a Quotation, Contractors will
be deemed to have received notice of all addenda that are posted on the Owner’s FTP site.
7.
DURATION OF QUOTATION
The Quotation will be open for acceptance by the Owner until:
(a)
(b)
8.
the date specified in this RFQ or in a Quotation; or
as described in a subsequent written notice which the Contractor may send to the City.
NO CONTRACT
This RFQ is simply an invitation for quotations (including prices and terms) for the
convenience of all parties. It is not a tender and no obligations of any kind will arise from
this RFQ or the submission of Quotations. The Owner may negotiate changes to any terms
of a Quotation, including terms in Schedules A and B and including prices, and may negotiate
with one or more Contractors or may at any time invite or permit the submission of quotations
(including prices and terms) from other parties who have not submitted Quotations.
9.
ACCEPTANCE
A Quotation will be an offer to the Owner which, subject to Section 7, the Owner may accept
at any time. A Quotation is not accepted by the Owner unless and until both the Authorized
Signatory and the Purchasing Representative have a contract. Delivery of the signed
Contract by the Owner may be by fax. In that event, the contract will be comprised of the
documents included in the definition of Agreement in Schedule B – General Terms and
Conditions.
10.
CONTRACTOR'S EXPENSES
Contractors are solely responsible for their own expenses in preparing and submitting
Quotations, and for any meetings, negotiations or discussions with the Owner or its
representatives and consultants, relating to or arising from the RFQ. The Owner will not be
liable to any Contractor for any claims, whether for costs, expenses, losses or damages, or
loss of anticipated profits, incurred by the Contractor in preparing and submitting a
Quotation, or participating in negotiations for a contract, or other activity related to or arising
out of this RFQ.
11.
CONTRACTOR'S QUALIFICATIONS
By submitting a Quotation, a Contractor represents that it has the expertise, qualifications,
resources, and relevant experience to supply the Goods and Services.
12.
CONFLICT OF INTEREST
A Contractor must disclose in its Quotation any actual or potential conflicts of interest and
existing business relationships it may have with the Owner, its elected or appointed officials
or employees. The Owner may rely on such disclosure.
RFQ #1220-40-15-10
PAGE 4 of 34
13.
SOLICITATION OF COUNCIL MEMBERS, CITY STAFF OR CONSULTANTS
Contractors and their agents will not contact any member of the City Council, City staff or
Consultants with respect to this RFQ, other than the contact person named in Section 5 of
the RFQ, at any time prior to the award of a contract or the cancellation of this RFQ.
14.
CONFIDENTIALITY
All Quotations become the property of the Owner and will not be returned to the Contractor.
All Quotations will be held in confidence by the Owner unless otherwise required by law.
Contractors should be aware the Owner is a "public body" defined by and subject to the
Freedom of Information and Protection of Privacy Act of British Columbia.
15.
SIGNATURE
The legal name of the person or firm submitting the Quotation should be inserted in the
Quotation. The Quotation should be signed by a person authorized to sign on behalf of the
Contractor and include the following:
(a)
If the Contractor is a corporation then the full name of the corporation should be
included, together with the names of authorized signatories. The Quotation 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
Quotation on behalf of the corporation is submitted;
(b)
If the Contractor 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 Owner 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 Contractor is an individual, including a sole proprietorship, the name of the
individual should be included.
RFQ #1220-40-15-10
PAGE 5 of 34
SCHEDULE A
SCOPE OF SERVICES
1. SCOPE OF SERVICES
1.1
The scope of Services to be provided includes bulk and detail excavation. The scope of
Services includes shoring per the Geotechnical Engineer’s drawings and specifications, and
Erosion and Sediment Control per the Civil Engineer’s Erosion and Sediment Control
drawings. The scope also includes any excavation and backfill for site Services as detailed
on the Mechanical and Electrical drawings included in this RFQ and detail excavation per the
attached structural plans. The site will be cleared prior to excavation as part of the demolition
contract, but grass will remain in areas and potentially some small areas of landscaping,
along with site services (storm, sanitary, water, underground hydro service, etc.) which must
be properly capped off and removed as part of bulk excavation.
This is a fast track project and time is of the essence. Accordingly, the scope of Services
should include for at least a minimum of two shifts and any other measures needed to meet
the dates outlined in the RFQ.
All Work to be in accordance with the Architectural Drawings by Bing Thom Architects,
Structural Drawings by Fast & Epp, Mechanical Drawings by AME Group, Electrical Drawings
by Applied Engineering Solutions, Civil Drawings by CitiWest Consulting Ltd., Geotechnical
Drawings by Trow Consulting Engineers Ltd. and including all specifications detailed in
Schedule A Section 2;
1.2
Specific exclusions include the removal of the Surrey Professional Building which is being
demolished under a separate RFQ, including the removal of any foundations, floor slabs,
retaining walls, curbs, the two lamp standards located on the east side of the parking lot and
their concrete bases (but not the conduit running to these lamp standards), the removal of all
asphalt and curbs, all trees, and landscaping. Site fencing will also be supplied.
1.3
The Owner will be appointing a Construction Manager for the City Centre Library project and
the Contractor will be required to work under the direction of the Construction Manager.
2. RFQ Documents
The following drawings and specifications are included as part of this RFQ:
City Centre Library
ARCHITECTURAL – BING THOM ARCHITECTS
DRAWING
TITLE
A-100
Site Plan
A-200
Basement Plan
CIVIL – CITYWEST CONSULTING LTD.
DRAWING
TITLE
1
Siltation Control Plan – Sheet 1
2
Siltation Control Plan – Sheet 2
3
Siltation Control Notes & Details
DATE
February 16, 2010
February 16, 2010
PDF FILE NAME
DATE
February 16, 2010
February 16, 2010
February 16, 2010
PDF FILE NAME
TOPOGRAPHY REPORT– McELHANNEY ASSOCIATES LAND SURVEYING LTD.
DRAWING
TITLE
DATE
Topographic Survey
December 29, 2009
RFQ #1220-40-15-10
A-100 Site Plan.pdf
A-200 Basement Plan.pdf
2654F01SC.pdf
2654F02SC.pdf
2654F03SC.pdf
PDF FILE NAME
07797-02 topo prelim email1.pdf
PAGE 6 of 34
GEOTECHNICAL – TROW ASSOCIATES INC.
DRAWING
TITLE
091-02305-G1
Bulk Excavation Shoring Plan
091-02305-G2
Bulk Excavation Shoring Sections
091-02305-G3
Bulk Excavation Shoring Details
091-02305-G4
Bulk Excavation Shoring Notes
091-02305-G5
Bulk Excavation Shoring Notes
091-02305-G6
Bulk Excavation Shoring Notes
DATE
February 16, 2010
February 16, 2010
February 16, 2010
February 16, 2010
February 16, 2010
February 16, 2010
PDF FILE NAME
091-02305 Excavation RFQ 2010-02-16.pdf
091-02305 Excavation RFQ 2010-02-16.pdf
091-02305 Excavation RFQ 2010-02-16.pdf
091-02305 Excavation RFQ 2010-02-16.pdf
091-02305 Excavation RFQ 2010-02-16.pdf
091-02305 Excavation RFQ 2010-02-16.pdf
2010-01-15 Surrey City Centre Library
Geotechnical Exploration Report
STRUCTURAL – FAST & EPP STRUCTURAL ENGINEERS
DRAWING
TITLE
S1.0
Basement Plan
S2.0
Typical Details
S2.1
Typical Details
January 15, 2010
Report.pdf
DATE
February 16, 2010
February 16, 2010
February 16, 2010
PDF FILE NAME
MECHANICAL – AME GROUP CONSULTING PROFESSIONAL ENGINEERS
DRAWING
TITLE
DATE
February 16, 2010
M101
Foundation Plan - Mechanical
1685_S1.0.pdf
1685_S2.0.pdf
1685_S2.1.pdf
PDF FILE NAME
FOUND – plmg.pdf
To view and/or print drawings, click on the FTP link below, enter the logon and password when
prompted, and locate folder 1220-40-15-10.
To view this FTP site in Windows Explorer, click Page, and then open FTP Site in Windows
Explorer.
ftp://ftp.surrey.ca/
Log on:
Password:
pur
welcome
3. SITE CONDITIONS
3.1
Visit the Place of the Project prior to providing a Quotation to ascertain existing conditions
which affect the proper and accurate completion of the Work.
3.2
Refer to attached documents for details of underground services required.
3.3
A report of the conditions of the Place of the Project is appended to the Contract Documents
for information only and for the Contractor’s reference. Geotechnical Exploration Report
prepared by Trow Associates Inc., dated January 15, 2010.
3.4
The Geotechnical Exploration Report is given in good faith but is not a guarantee of the
subsurface conditions. The recommendations given shall not be construed as a requirement
of the RFQ unless also contained in the Contract Documents. It is expressly understood that
the Owner, Consultant or Geotechnical Engineer will not be responsible for interpretations or
conclusions drawn there from by the Contractor.
3.5
Additional test borings and other exploratory operations may be made by the Contractor at no
additional cost to the Owner.
RFQ #1220-40-15-10
PAGE 7 of 34
4. PROTECTION OF EXISTING FEATURES
4.1 Existing buried utilities and structures:
4.1.1 Size, depth and location of existing utilities and structures as indicated are for guidance
only. Completeness and accuracy are not guaranteed.
4.1.2 Prior to commencing the Work, the Contractor is to notify Owner or applicable authorities,
establish location and state of use of buried utilities and structures. Such locations are to
be clearly marked to prevent disturbance during the Work.
4.1.3 The Contractor is to confirm the locations of buried utilities by conducting careful test
excavations.
4.1.4 The Contractor is to maintain and protect from damage water, sewer, gas, electric,
telephone and other utilities and structures encountered.
4.2 Existing buildings and surface features
4.2.1 Conduct with Consultant(s), condition survey of existing buildings, trees, and other plants,
lawns, fencing, service poles, wires, and paving, survey bench-marks and monuments
which may be affected by the Work.
4.2.2 Protect existing buildings and surface features which may be affected by the Work from
damage while the Work is in progress and repair damage resulting from the Work.
4.2.3 The Contractor is to provide access bridges, barriers, signs and lights as required.
4.2.4 Keep excavated space free of water at all times during construction, and keep
construction traffic in the foundation area to a minimum.
5. SHORING, BRACING AND UNDERPINNING
5.1 The Contractor is to comply with applicable local regulations to protect existing features, and
provide all sheathing and bracing as required by the Workers Compensation Act of B.C.
5.2 Provide shoring in accordance with the Geotechnical Engineer’s drawings and specifications.
6. INSPECTION AND TESTING
6.1 The Owner will engage and pay for soil testing and inspection service for quality assurance
testing during earthwork operations. The Contractor is to be responsible for quality control to
ensure that the Work conforms to this specification and the specifications on drawings forming
part of the Contract.
6.2 Additional excavations for tanks, sumps, elevator, etc., are to be reviewed by the Geotechnical
Engineer prior to commencing the Work.
6.3 Quality Assurance testing during construction: allow the Geotechnical Engineer and testing
service to inspect and approve sub-grades and fill layers before further construction work is
performed.
6.4 If in the opinion of the Consultant, sub-grade or fills which have been placed are determined to
be below specified density, the Contractor will provide additional compaction testing at no
additional expense.
6.5 Removal and disposal of unsuitable fill material at an approved site by the Construction
Manager or the Project Manager (Turnbull Construction Services Ltd.) and replacement with
approved fill is the Contractor’s responsibility.
6.6 Compacted fills are to be tested to confirm density on completion of each lift. Do not place
further Work on fills until receipt of test results and Architect’s approval has been received.
RFQ #1220-40-15-10
PAGE 8 of 34
7. APPROVALS
7.1 The Contractor is to inform Geotechnical Engineer of proposed source and provide samples or
access for sampling at least one (1) week prior to commencing production.
7.2 If, in the opinion of the Engineer, materials from proposed source do not meet, or cannot
reasonably be processed to meet specified requirements, locate alternative source or
demonstrate that material from source in question can be processed to meet specified
requirements.
7.3 Should a change of material source be proposed during the Work, the Contractor is to advise
the Consultant one (1) week in advance of proposed change to allow for sampling and testing.
7.4 Acceptance of material does not preclude future rejection if it is subsequently found to lack
uniformity, or if it fails to conform to requirements specified, or if its field performance is found to
be unsatisfactory.
8. MATERIALS
8.1 Provide materials as specified by the drawings and specifications forming part of the Contract.
9. EXECUTION
9.1 Setting Out
9.1.1 Lines and levels for buildings are to be set out by the Construction Manager.
9.2 Protection and Shoring
9.2.1 Refer to the drawings of the shoring that has been designed by the Geotechnical
Engineer. Provide all shoring, bracing, stabilization required to prevent caving in of banks
and excavations. Place shoring so as to be independent of all footings and foundation
walls. Leave in position until forms have been removed, damp proofing or waterproofing
completed, building drainage installed and approval given to proceed with backfilling.
9.2.2 Any damage, or disturbance, settlement of collapse caused due to inadequate measures
being taken by the Contractor to prevent the same, are to be made good immediately by
the Contractor at its own cost.
9.2.3 Establish requirements for trench shoring and bracing to comply with local codes and
authorities having jurisdiction.
9.2.4 Convey water removed from excavations and rain water to collecting or run-off areas. Do
not use trench excavations as temporary drainage ditches.
9.2.5 Cold weather protection: Protect excavation bottoms against freezing when atmospheric
temperature is less than 1°C (35°F). Sub-grade soils and fills below building must not be
allowed to freeze at anytime.
9.2.6 Protect excavation in wet weather to prevent softening of the footing sub-grade and
provide stable working surface.
9.3 Dewatering
9.3.1 Provide flocculation tanks, settling basins, or other treatments facilities to remove
suspended solids or other materials before discharging to storm sewers, or drainage
areas. Comply with the provisions of the Erosion and Sediment Control plans (in
accordance with LEED requirements for sediment control) forming part of the Contract
and the Erosion and Sediment Control By-Law requirements of the Owner.
9.3.2 Keep excavation free of water while the Work is in progress. Provide filtered sumps and
ditches as required to prevent softening of the sub-grade.
RFQ #1220-40-15-10
PAGE 9 of 34
9.3.3 Protect open excavations against flooding and damage due to surface run-off.
9.3.4 Dispose of water in a manner not detrimental to public and private property, or any
portion of the Work completed or under construction.
9.4 Bulk or Mass Excavating
9.4.1 Excavate to lines, grades, elevations and dimensions indicated or required by the Work
and to the requirements of the Geotechnical Report (if applicable). Make proper
allowance for forms, shoring, water proofing and inspection.
9.4.2 Remove concrete, masonry, paving, walks, and other obstructions encountered during
excavation. Remove all topsoil and organic material under all areas of the addition.
Stockpile suitable excavated material required for back filling or grading as directed by
the Consultant. All other excavated material is to be removed from the Place of the
Project.
9.4.3 Excavation is not to interfere with normal 45° splay of bearing from bottom of any footing.
9.4.4 Hand trim and level excavations so footings or engineered fill will be placed on
undisturbed natural soil, free from foreign, softened or loose subsoil.
9.4.5 Dispose of surplus and unsuitable excavated material from the Place of the Project.
9.4.6 Earth bottoms of excavations to be undisturbed soil, level, free from loose, soft or organic
matter.
9.4.7 Notify Geotechnical Engineer when soil at bottom of excavation appears unsuitable and
proceed as directed by Geotechnical Engineer.
9.4.8 Obtain Geotechnical Engineer’s approval of completed excavation.
9.4.9 Remove unsuitable material from trench bottom to extent and depth directed by
Geotechnical Engineer.
9.4.10 Conform to elevations and dimensions shown within a tolerance of plus or minus 25mm
and extending a sufficient distance from footings and foundations to permit placing and
removal of concrete formwork, installation of services, other construction and for
inspection.
9.4.11 All excavations must be carried out in accordance with Industrial Health and Safety
Regulations prepared by WorkSafe BC.
9.5 Excess Excavation
9.5.1 No extra excavation is to be done without written permission by the Geotechnical
Engineer.
9.6 Excavation for Trenches
9.6.1 Provide shoring and bracing to trenches, pits and excavations to meet WorkSafe BC
requirements.
9.6.2 Dig trenches to the uniform width required for a particular item to be installed, sufficiently
wide to provide ample working room. Excavate temporary cut slopes as directed by the
Geotechnical Engineer.
9.6.3 Excavate trenches to depth indicated or required. Carry depth of trenches for piping to
establish indicated flow lines and invert elevations. Beyond building perimeter, keep
bottoms of trenches sufficiently below finish grade to avoid freeze-ups.
9.6.4 Grade bottoms of trenches as indicated, notching under pipe bells to provide solid
bearing for entire body of pipe.
RFQ #1220-40-15-10
PAGE 10 of 34
9.7 Removal of Excavated Material
9.7.1 Remove waste materials, including excavated material unsuitable as fill and/or excess to
fill requirements or excess to permitted stockpile volume, trash and debris, and dispose of
in a legal manner.
9.8 Under slab drainage is to be provided per drawings forming part of the Contract.
9.9 Perimeter Drain
9.9.1 Provide the Mechanical Engineer and the Geotechnical Engineer with a minimum of a 24hour notification prior to installation of perimeter drain system.
9.9.2 Coordinate with the Mechanical Engineer.
9.9.3 Perimeter drainage to be executed per Mechanical and Geotechnical plans forming part
of the Contract.
9.10 Underground Services and Utilities
9.10.1 Excavate for all underground mechanical and electrical services as laid out and
supervised by the trades concerned.
9.10.2 Remove all abandoned foundations, soak pit drains, existing underground utilities, etc.
within the building footprint and within any area to be excavated, re-graded, filled or
paved.
9.10.3 Excavations required for removal of foundations, soak pits, utilities etc., are to be
backfilled as dictated by the Geotechnical Engineer.
9.11 Rock Excavation
9.11.1 For the purposes of the unit prices of this Project, “rock” is defined as sound and solid
masses, layers or ledges of mineral matter in place and of such hardness which cannot
be ripped using a Caterpillar 235 equipped with a single ripper tooth in good working
condition at a rate of 10 yards per hour.
9.11.2 All boulders or detached pieces of solid rock more than 1 cubic meter in volume are to be
classified as Rock. Volume is to be defined as the produce of three perpendicular
measurements.
9.11.3 Payment for Rock excavation of materials are to be done on the unit rate for Rock
excavation only if the Rock is actually drilled and blasted for removal. Other methods of
removal not involving drilling and blasting are to be paid at the unit rate for soil
excavation.
9.12 Restoration and Clean-up
9.12.1 Upon completion of the Work, remove surplus materials and debris, trim slopes, and
correct defects noted by the Consultant.
9.12.2 Protection of Graded Areas: protect newly graded areas from traffic and erosion. Keep
free of trash and debris.
9.12.3 Repair any adjacent sidewalks or surfaces damaged during the Work at no cost to the
Owner.
9.12.4 At completion and during progress of the Work, keep all surrounding areas clean and free
from debris.
9.12.5 Excavated materials not required or suitable for backfill or for grades where indicated or
specified, or that are in excess of permitted stockpile volume, shall be disposed of from
the Place of the Project by the Contractor.
RFQ #1220-40-15-10
PAGE 11 of 34
10. PLACE OF THE PROJECT
The Place of the Project is located at 10350 University Drive, Surrey, BC.
11. EVALUATION OF QUOTATIONS
The evaluation of Quotations will be based on the Contractor’s responses in Schedule C. Time is of
the essence and the Contractor’s ability to complete the Work within the specified time period will
also be used in the evaluation of the Quotations received.
12. INFORMATION MEETING
An information meeting will be hosted by Jeff Fimrite, Project Manager, Turnbull Construction
Services Ltd., to discuss the Owner’s requirements under this RFQ (the “Information Meeting”) on
Monday, February 22nd, 2010 at 10:00 am PST, at the Place of the Project. While attendance is at
the discretion of Contractors, Contractors 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.
13. QUALIFICATIONS OF CONTRACTOR
Contractors submitting a Quotation for the Project are to have extensive experience in the
procurement and installation of said scope of Work as outlined in this document. Additionally, they
are to be able to work, co-operate and communicate effectively with the Owner’s officials, the
Project Manager, and Sub-contractors harmoniously.
14. HOURS OF WORK
All work to be performed during normal working hours form 7:00 am to 11:00 pm PST, Monday to
Sunday. No work to be performed outside of the normal working hours without prior written approval
from the Owner.
If the Contractor wishes to carry out the Work outside the normal working hours, and the approval is
given by the Owner, no extra compensation, in any form (e.g. overtime, etc.) will be given without
prior written approval from the Owner.
15. TRADESMEN
Should any dispute arise regarding the quality of the workmanship, materials or products used in
the performance of the Work, the final decision regarding the acceptable quality of the
workmanship, and fitness of the materials and products rests strictly with the Owner.
Additionally, all Work required hereunder will be performed as promptly as possible, and in any
event within the time stated by the Owner, and such Work will be subject to the approval and
acceptance of the Owner, but such approval and acceptance will not relieve the Contractor from the
obligation to correct any incomplete, inaccurate or defective Work, all of which is to be promptly
remedied by the Contractor on demand, without cost to the Owner.
The Contractor is to provide a professional review of all facets of the Work as required from time to
time by the Owner.
16. PERMITS AND FEES
The Owner will provide the Excavation Permit. The Contractor is to secure and pay for any
additional permits, and governmental fees, licenses and inspection necessary for proper execution
and completion of the Work which is customarily secured after execution of an agreement and
which is legally required. The Contractor is to comply with and give notices required by Laws
applicable to performance of the Work.
RFQ #1220-40-15-10
PAGE 12 of 34
17. PLACE OF WORK CONDUCT
All labourers and workers, while working in and around the Owner’s facilities, shall act in a
professional manner. The Contractor is to enforce proper discipline and decorum among all
labourers and workers on the Place of the Project 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 Owner 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 labourers from the Place of the Project
immediately.
Alcohol and drugs are not tolerated on the Place of the Project at any time including anyone
deemed to be under the influence shall be escorted off from the Place of the Project.
18. PROTECTION OF THE WORK AND USE OF PREMISES
During the performance of the Work, the Contractor is to keep at all times the Place of the Project
and such immediate surrounding areas which it may utilize from waste materials, debris and/or
rubbish and is to employ adequate dust control measures. If accumulation of such materials, debris,
rubbish or dust constitutes a nuisance or safety hazard or is otherwise objectionable in any way, as
reasonably determined by the Owner, the Contractor is to promptly remove them. If any claim, suit,
losses, or action be brought by a person affected by the transportation of materials, equipment,
goods or wastes to and from the Place of the Project, the Contractor shall defend, indemnify and
hold harmless all indemnified parties.
19. PLACE OF WORK CLEAN-UP
Cleanup is to be done on a daily basis. Materials must be separated and placed into a garbage
container provided and located in designated area on the Place of the Project.
At the completion of the Work, the Contractor is to remove all project signs and all rubbish and
temporary work, of every nature, from and about the Place of the Project. The Contractor is to
remove all tools, scaffolding and surplus materials and is to leave the Place of the Project broom
clean or its equivalent. If the Contractor fails to clean up as required by this RFQ, the Owner may
do so and the costs associated with such clean up is to be charged to the Contractor.
20. FINAL COMPLETION AND PAYMENT
When the Work is finally complete and the Contractor is ready for a final inspection, the Contractor
is to notify the Project Manager, in writing and arrangements will be made for final inspection. If the
Owner confirms that the project is complete including all deficiencies, is in full accordance with this
RFQ and the Contractor has performed all of its obligations, the Contractor is hereby entitled to
submit for final payment.
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SCHEDULE B
SUPPLEMENTARY GENERAL CONDITIONS CCA17-1996
DEFINITIONS AND INTERPRETATION
The following are the Supplementary General Conditions referred to in Article A-3 of the CCA17
document that would apply if a contract was ever established.
These amendments are to be read in conjunction with the Definitions and General Conditions of the
Standard Construction Document CCA17-1996. Where reference is made in the specifications to
the General Conditions (GC), such reference includes these amendments.
ARTICLE A-5 PAYMENT
5.1.1 Revise this sentence by deleting the words “certified by the Consultant” with “recommended
by the Construction Manager”.
DEFINITIONS
7.
Construction Manager
Add the following:
The Construction Manager is the Owner’s agent and is authorized to act in the Owner’s name in
regard to all rights, responsibilities and authorities of the Owner referred to in the Contract
Documents, in accordance with the agreement between the Owner and Construction Manager.
18.
Change Order
Revise the first sentence to read:
A Change Order is a written amendment to the Contract issued by the Construction Manager and
signed by the Construction Manager, as agent for the Owner, only after obtaining the signatures of
the Owner and the Trade Contractor stating their agreement upon:
20.
Substantial Performance of the Work
Delete the second sentence entirely and substitute the following:
Substantial Performance of the Work shall be determined when
(a)
the criteria set out in section 1(2) of the Builders Lien Act have been fulfilled, and
(b)
the Consultant has certified that such criteria have been met.
Add the following new Definitions:
23.
Base Cost
"Base Cost to the Trade Contractor of Labour" means the substantiated and usual base wage rates
normally payable by the Trade Contractor.
24.
Builders Lien Act
“Builders Lien Act” means the Builders Lien Act, S.B.C. 1997, c. 45 and amendments
thereto.
25.
Certificate of Completion
A Certificate of Completion is a certificate of completion as defined in the Builders Lien Act to be
issued by the Consultant.
RFQ #1220-40-15-10
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GENERAL CONDITIONS OF THE CONTRACT
GC 1.1 CONTRACT DOCUMENTS
1.1.9.1
Precedence of Contract Documents:
The order of priority of documents, from highest to lowest, shall be as provided on GC
3.1 CONTRACT DOCUMENT LIST of the Supplementary General Conditions CCA171996.
Add the following:
1.1.13
The Trade Contractor shall be responsible for all Work within its Trade Contract as
required by the Contract Documents, regardless of division in the Contract Documents,
which division shall not obligate the Consultant or the Owner to establish or regulate
limits of responsibility between the Trade Contractor and any Trade Subcontractor.
1.1.14
All instructions given by or on behalf of the Consultant or the Owner under the Contract
Documents shall be given to the Trade Contractor and the Trade Contractor shall be
responsible for giving such instructions to Trade Subcontractors as may be necessary
for the due and proper performance of the Work being performed by Trade
Subcontractors.
1.1.15
The Trade Contractor is responsible for the installation and the coordination of metric
and imperial dimensioned products and materials as may be applicable.
GC 1.2 LAW OF THE CONTRACT
1.2.1
Delete and substitute the following:
The laws of the Province of British Columbia shall govern the interpretation of the
Contract.
GC 2.2 ROLE OF THE CONSTRUCTION MANAGER AND THE CONSULTANT
2.2.6
Delete entirely and substitute the following:
Based on the observations of the Construction Manager and the Consultant, the
Construction Manager will evaluate the Trade Contractor’s applications for payment, will
determine the amounts owing to the Trade Contractor under the Contract and will
forward invoices to the Owner for payment as provided in Article A-5 PAYMENT, GC 5.3
– PROGRESS PAYMENT, and GC 5.7 – FINAL PAYMENT.
GC 3.1 CONTRACT DOCUMENT LIST
1.
2.
3.
4.
5.
6.
7.
Agreement between Owner and Trade Contractor
Definitions
Supplementary GC CCA17-1996
CCA17-1996
RFQ Addenda
RFQ
Trade Contractor Quotation
GC 3.7 SUPERVISOR
3.7.1
Add the following:
The Trade Contractor shall Provide the Construction Manager with written notice of the
intention to change the supervisor and the reasons for the change.
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GC3.8 TRADE SUBCONTRACTORS AND SUPPLIERS
3.8.2
Add the following:
The Trade Contractor shall not change any of the Trade Subcontractors or Suppliers so
employed without the written consent of the Owner, which consent shall not be
unreasonably withheld.
Add the following new clauses:
3.8.7
The Trade Contractor shall, in the case of Trade Subcontractors and Suppliers, be held
responsible for and shall see that the Trade Subcontractors and Suppliers obtain and pay
for all necessary permits, fees, licenses’ and certificates of inspection and insurance in
connection with the Work as performed by them as may be required by all applicable bylaws, regulations and statutes.
3.8.8
The Trade Contractor shall coordinate the Work of all of its Trade Subcontractors and
Suppliers and determine to what extent Work specified in each section of the specifications
is effected by Work indicated elsewhere and make all necessary allowances for their
integration. All additional Work resulting from the failure to make such determination shall be
done at no cost to the Owner.
3.8.9
The Trade Contractor shall pay all amounts owing to its Trade Subcontractors, Suppliers
and laborers’ and shall take all necessary steps to ensure that its Trade Subcontractors and
Suppliers pay all amounts owing to their subcontractors, suppliers and laborers’. All
payments shall be made promptly when due.
3.8.10 The Trade Contractor shall indemnify and hold harmless the Owner, its agents, servants
and employees, from and against all costs, claims, damages, debts, sums, actions and
causes of action whatsoever and whensoever arising out of any claim of lien or action by a
Trade Subcontractor, Supplier or labourer with whom the Trade Contractor or any of its
Trade Subcontractors or Suppliers has contracted in relation to the Work.
GC 3.9 LABOUR AND PRODUCTS
3.9.1
Add the following:
A portion of these services may be Provided by the Construction Manager.
3.9.2 Add the following:
Products which are not specified shall conform to current applicable specifications and
regulations of the Canadian Standards Association, Technical Builders' Bulletin, Canadian
Government Specifications Board, National Building Code, British Columbia Building Code,
American Society for Testing and Materials, Trade Association Specifications and all
authorities having jurisdiction at the Place of the Project.
Add the following new clauses:
3.9.4
No person shall with relation to his employment or eligibility for employment be discriminated
against by reason of his racial origin, religious views, trade union or political affiliations.
3.9.5
The Trade Contractor shall supply labour that is compatible with other labour employed on
the Work. In event of labour disputes arising from provision of skilled or unskilled labour by
Trade Contractor or his Subcontractors, Trade Contractor shall, to satisfaction of
Construction Manager, make such arrangements as are necessary to preclude delay to the
Work or to the Work of others at the site of the work. Refer to GC 6 Delays clause 6.5.6.
3.9.6
Superintendents, foremen and/or mechanics whose work is unsatisfactory to the
Construction Manager, Owner or Consultant and are considered by the Construction
Manager to be unskilled or reasonably objectionable shall be instantly dismissed from the
Work upon written notice of the Construction Manager.
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3.9.7
All work shall at least conform to the Contract Documents, the National Building Code of
Canada, the British Columbia Building Code, the rules and customs of best trade practice.
Best trade practice means practice of the industry and not "local practice."
3.9.8
Only materials or articles specified or approved for substitution by the Consultant and
authorized in writing by the Owner, will be permitted in the Work. Unspecified materials or
rejected substitutions, if built into the Work shall be replaced with the specified material at no
additional cost to the Owner. Should the Trade Contractor for any reason consider that the
Trade Contractor will be unable to perform any section of Work, or will be unable to produce
specified warranties if work is carried out in accordance with drawings and specifications,
the Trade Contractor shall so advise the Construction Manager in writing and shall not
proceed until specific written direction has been received. Failure to so advise the
Construction Manager will be taken as acceptance that work will be complete in every
respect and that specified warranties will be provided.
3.9.9
A Product or construction method or system singly named in the specifications is considered
exclusive and its use is mandatory unless a satisfactory alternative is approved in advance
by the Consultant. Where plurally named, each named Product or construction method or
system is approved for use under the Contract and the choice rests with the Trade
Contractor. Alternatives will be considered only when submitted in sufficient time to permit
proper investigation by the Consultant. In applying for the use of alternatives, the Trade
Contractor shall prove to the Consultant's sole satisfaction that the alternative is equal to or
better than the specified Product or construction method or system and compatible in every
respect with the design of the Project at no additional cost to the Owner.
3.9.10 Products may be specified by reference to brand names, proprietary names, trade marks or
catalogue numbers, designations or symbols. In such cases, the name of a manufacturer,
distributor, supplier or dealer may be given to assist the Trade Contractor to find a source of
supply. This shall not relieve the Trade Contractor from its responsibility for finding its own
source of supply even if the source named no longer supplies the Product specified. If the
Trade Contractor is unable to obtain the specified Product, the Trade Contractor shall supply
an alternative Product as approved by the Consultant which is equal to or better than the
specified Product at no additional cost to the Owner.
3.9.11 All Products shall be used strictly according to manufacturers' printed directions or
recommendations unless specifically stated otherwise in the specifications. All Products
shall be properly packed for delivery, must be delivered in their original containers, crates,
wrappings, etc. and must be clearly identified with manufacturers' name and address,
product type and name. All Products shall be stored as recommended by the manufacturer
and kept dry at the recommended temperature where applicable. Any damaged material
shall be rejected and the Trade Contractor shall remove such material from the Place of the
Project at the Trade Contractor's own expense.
GC 3.12 USE OF THE WORK
Add the following:
3.12.3 The Owner reserves the right to take possession of and use any completed or partially
completed portion of the building, regardless of the time of completion of the entire Work,
providing that doing so does not interfere with the Trade Contractor’s Work. Such taking
possession or use of the buildings or part thereof shall not be construed as Substantial
Performance of the Work or part thereof, or as Final Certificate for Payment, or as an
acknowledgement of fulfillment of the Contract.
3.12.4 The Trade Contractor shall schedule the operations for completion of portions of the Work
as designated for the Owner’s occupancy, prior to Substantial Performance of the entire
Work. There will only be one date of Substantial Performance for the Contract.
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PAGE 17 of 34
3.12.5 The Consultant shall prepare a list of deficiencies. The Trade Contractor shall comply with
all requirements, and correct all deficiencies.
GC 4.1 CASH ALLOWANCES
Delete this section entirely and substitute the following:
4.1.1
Trade Contractors WILL NOT INCLUDE CASH ALLOWANCES in their Contract Price.
GC 4.2 CONTINGENCY ALLOWANCE
Delete this section entirely and substitute the following:
4.2.1 Trade Contractors WILL NOT INCLUDE CONTINGENCY ALLOWANCE in their Contract
Price.
GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT
Add the following additional clause:
5.2.7
Original applications for payment (invoicing) dated the last day of each month shall include:
.1 Original Progress Invoice;
.2 Progress Breakdown describing the portion and value of Work completed to date, value of
any Products delivered to the Place of the Project during the Payment Period to which the
application refers but not yet incorporated into the Work only if they are scheduled to be
installed within sixty (60) days of the date of that application;
.3 Statutory Declaration, Statement of Claims BC-4 completed and sworn before a Notary
Public or a Commissioner for Oaths for the Province of British Columbia;
.4 With each and every application subsequent to the first, a Provincial Statutory Declaration
BC-2, which shall be completed and sworn before a Notary Public or a Commissioner for
Oaths for the Province of British Columbia;
.5 Current WorkSafe BC Clearance Letter.
All above documentation and any other documents required by the Contract Documents,
must be received by the Construction Manager on or before the fifth day of the month to be
eligible for processing in that month. Faxed applications are not acceptable.
GC 5.3 PROGRESS PAYMENT
5.3.1
Revise the first sentence to read:
The Construction Manager will, not later than the 20th day of the month, forward invoices
submitted in accordance with GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT to the
Owner for payment in the amount applied for or in such other amounts as the Construction
Manager determines to be properly due.
5.3.2
Revise to read:
The Owner to make payment to the Trade Contractor on account as Provided in Article A-5
of the Agreement – PAYMENT net 30 days from invoice date on a best effort basis.
GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK
Add the following additional clauses:
5.4.5
Should the Consultant find significantly more incomplete or deficient Work than those listed
by the Trade Contractor with his application, the Consultant may elect to terminate his
inspection and to not issue a Certificate of Substantial Completion. If the Consultant
terminates his inspection, the Trade Contractor shall compensate the Owner for the
RFQ #1220-40-15-10
PAGE 18 of 34
additional time and expenses incurred by the Construction Manager, Consultant,
Subconsultants and Owner in relation to multiple inspections.
5.4.6
Within seven days of the issuing of a Certificate of Substantial Completion, The Construction
Manager will deliver copies to interested parties requesting copies and will post a copy in
the Construction Manager’s site office, in accordance with the Builders Lien Act.
5.4.7
After declaration of Substantial Completion by the Consultant, the value of Progress
Payment applications shall be limited to the value of the Contract less;.
.1 twice the value of any deficiencies identified and determined by the Consultant and/or
Construction Manager;
.2 the value of incomplete Work; and
.3 the amount of all previous payments.
If the Trade Contractor fails to complete or correct the items referred to in .1 and .2 above
within a reasonable time, as determined by the Consultant and/or Construction Manager,
the Owner may use such monies to complete or correct such items. If the balance of the
Contract Price is insufficient to cover this amount or to complete or correct such items
without deductions from the holdback monies, the Owner may apply sufficient monies from
the holdback monies to the extent that the holdback monies are not required to satisfy lien
claims.
GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE
WORK
5.5.1
Delete the word “Consultant” and substitute the words “Construction Manager”, and, to the
end of the sentence, add the words “in accordance with GC 5.2”.
5.5.2
Delete entire clause and substitute the following:
After the receipt of the following from the Trade Contractor;
.1 an application for payment, in accordance with GC 5.2, and
.2 Provincial Statutory Declaration BC-1, and
.3 Provincial Statutory Declaration BC-3 from each Trade Subcontractors, and
.4 Statutory Declaration Statement of Claims BC-4, and
.5 current Workers' Compensation Board Letter of Good Standing, and
.6 the specified Operation & Maintenance Manuals, and
.7 the specified Systems Demonstration video tapes, and
.8 the specified As-Built Drawings, and
.9 a receipt for the specified Maintenance Materials, signed by the Owner or Construction
Manager. The Construction Manager will forward the application for payment to the Owner
for payment in accordance with GC 5.2.
5.5.3
Delete this sentence entirely.
5.5.4
Between the first and second sentence, add the following:
The Trade Contractor shall be responsible for making application for payment in a timely
manner to permit payment when due.
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PAGE 19 of 34
GC 5.7 FINAL PAYMENT
5.7.3
Delete and substitute:
When the Construction Manager and the Consultant find the Trade Contractor’s application
for final payment valid and submitted in accordance with GC 5.2, the Construction Manager
will forward the application to the Owner for payment.
5.7.4
Delete the words “no later than 5 days after the issuance of a final certificate for payment”
and substitute “net 30 days from invoice date, on a best effort basis”.
Add the following additional General Condition to the end of PART 5 PAYMENT
GC 5.10 RIGHT OF SET-OFF
5.10.1 Without restricting any right of set-off given or implied by law the Owner may set-off against
any amount payable under the Contract Documents to the Trade Contractor any amount
payable to the Owner by the Trade Contractor.
GC 6.2 CHANGE ORDER
Add the following new clauses:
6.2.3
The value of a change shall be determined in one or more of the following methods:
.1 by estimate and acceptance of a lump sum;
.2 by unit prices set out in the Contract or subsequently agreed upon;
.3 by time and material valuation plus Percentage Mark-ups as per GC 6.2.4;
6.2.4
The Percentage Mark-ups to be used in valuation of changes to the Work as defined in
paragraph 6.2.3. are as follows;
.1 Percentage Mark-up on Trade Contractor's own Work 10% overhead and profit combined.
.2 Percentage Mark-up on Trade Subcontractors Work 5% overhead and profit combined.
Provided that when the changes to the Work occur, the Percentage Mark-up referred to
above shall be calculated on the cost of the additional Work caused by the change minus
the value of the Work deleted as a result of the change. If the effect of the change is a
credit, the Percentage Mark-up referred to above shall not be applied.
6.2.5 For certainty, all Change Orders will be priced in accordance with GC 6.3.4.
GC 6.3 CHANGE DIRECTIVE
Delete Clause 6.3.4.2, clause 6.3.4.12, clause 6.3.4.13, clause 6.3.4.15 and clause 6.3.4.17 in their
entirety.
Add the following new Clause:
6.3.8
The Percentage Mark-ups to be used in valuation of changes to the Work as defined in
paragraph 6.2.3. are as follows;
.1 Percentage Mark-up on Trade Contractor's own Work 10% overhead and profit combined.
.2 Percentage Mark-up on Trade Subcontractors Work 5% overhead and profit combined.
Provided that when the changes to the Work occur, the Percentage Mark-up referred to
above shall be calculated on the cost of the additional Work caused by the change minus
the value of the Work deleted as a result of the change. If the effect of the change is a
credit, the Percentage Mark-up referred to above shall not be applied.
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GC 6.5 DELAYS
Add the following new clauses:
6.5.6
Any instruction which has the effect of stopping or delaying the Work must be made in
writing by the Construction Manager or the Consultant.
6.5.7
In the event of a delay of the Work, the Trade Contractor shall be responsible for the care,
maintenance and protection of the Work for the entire period of the shut down and shall be
entitled to costs.
6.5.8
Time is of the essence of the Contract and the Trade Contractor acknowledges that the
Owner will suffer damages in the event that the Work is not performed strictly in accordance
with the construction schedule submitted under paragraph 3.5.1.1 or Substantial
Performance of the Work is not attained by the date established therefore in Article A-1 The
Work subject to extensions of time permitted under paragraphs 6.5.1, 6.5.2 and 6.5.3. Such
damages may include without limitation loss of rental income, additional interest on
financing and losses suffered as a result of the termination of leases by tenants.
Accordingly, the Trade Contractor agrees to reimburse the Owner in full for all such
damages as may be suffered by the Owner in the event that the Trade Contractor fails to
perform the Work or attain Substantial Performance of the Work as aforesaid.
6.5.9
If the Trade Contractor is delayed in the execution of the Work for any reason other than for
which an extension of time is permitted under paragraphs 6.5.1, 6.5.2 and 6.5.3 or if the
Trade Contractor fails to file written notice of a claim for extension as required under
paragraph 6.5.4 or if the Trade Contractor does not perform the Work substantially in
accordance with the construction schedule submitted under paragraph 3.5.1.1, the Trade
Contractor shall take whatever measures are necessary at its own expense to attain
Substantial Performance of the Work by the date set out in Article A-1 of the Agreement THE WORK.
GC 7.1 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE
THE CONTRACT
Add the following:
7.1.7
In the event that the Work is taken out of the Trade Contractor’s hands pursuant to Part 7 of
the General Conditions - DEFAULT NOTICE, the Owner will, within net 30 days from the
issuance of the Final Certificate of Payment or issuance of the default notice, pay to the
Trade Contractor the amount, if payable to the Trade Contractor pursuant to the General
Conditions.
Add the following additional General Conditions to the end of PART 7 DEFAULT NOTICE
GC 7.3 SUSPENSION OF WORK BY THE OWNER
7.3.1
The Owner may require the Trade Contractor to suspend execution of the Work either for a
specified or unspecified period by giving written notice to that effect to the Trade Contractor.
7.3.2
The Trade Contractor, upon receiving notice of the Owner's requirement pursuant to
paragraph 7.3.1, shall immediately suspend all operations except those which, in the Trade
Contractor's opinion, are necessary for the care and preservation of the Work, the materials
and plant. During the period of suspension the Trade Contractor shall remain responsible for
the Work then in place, the materials and plant to the same extent as if there were no
suspension.
7.3.3
During the period of suspension the Trade Contractor shall minimize the Trade Contractor's
payroll costs and operating expenses and within fourteen (14) days of receipt of the notice
of suspension deliver to the Owner a schedule of net expenses in respect of which the
Trade Contractor claims to be reimbursed. The Trade Contractor shall not, during the period
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of suspension, remove from the site any part of the Work or any materials, plant or Products
without the written consent of the Owner.
7.3.4
If the period of suspension is twenty (20) Working Days or less, the Trade Contractor, upon
the expiration of the period of suspension, shall resume the execution of the Work and be
entitled to the cost, calculated in accordance with GC 6.1 - CHANGES and GC 6.2 CHANGE ORDER of any plant, labour and material necessarily involved in complying with
the suspension notice, and the Contract Time shall be extended for a period of not less than
the period of the suspension.
7.3.5
If the period of suspension is more than twenty (20) Working Days and if, upon the
expiration of the period of suspension, the Owner and the Trade Contractor agree that the
execution of the Work shall be completed by the Trade Contractor, the Trade Contractor
shall resume operations and complete the execution of the Work in accordance with the
Contract Documents modified by such terms and conditions, if any, agreed upon by the
Owner and the Trade Contractor, and the Contract Time shall be extended to reflect the
period of the suspension, but for a period not less than the period of the suspension.
7.3.6 If upon the expiration of a period of suspension of more than twenty (20) Working Days, the
Owner and the Trade Contractor do not agree that the Work shall be completed by the
Trade Contractor or they are unable to agree upon the terms and conditions under which
the Trade Contractor will complete the Work, the notice of suspension shall be deemed to
be a notice of termination pursuant to GC 7.4 - TERMINATION OF CONTRACT WITHOUT
DEFAULT.
GC 7.4 TERMINATION OF CONTRACT WITHOUT DEFAULT
7.4.1
The Owner may for good and sufficient reasons terminate this Contract at any time upon
written notice to the Trade Contractor, notwithstanding the fact that the Trade Contractor
may not then be in default, in which event the Owner shall pay to the Trade Contractor
either:
.1
an amount equal to the Contract Price inclusive of approved Change Orders
less payments previously made, or
.2
an amount equal to the cost of doing the Work, less all payments previously
made, including the substantiated, actual cost of all of the following:.
.3
wages and benefits paid for labour in the direct employ of the Trade
Contractor per the substantiated Base Cost of labour unless a salary or wage
schedule has been agreed upon by the Owner and the Trade Contractor;
.4
contributions, assessments, or taxes incurred for such items as employment
insurance, provincial health insurance, WorkSafe BC compensation, and
Canada or Quebec Pension Plan, insofar as such cost is based on wages,
salaries, or other remuneration paid to employees of the Trade Contractor
and included in the cost of the Work as Provided in paragraphs 7.4.1.1;
.5
travel and subsistence expenses of the Trade Contractor's personnel
described in paragraphs 7.4.1.1 or 7.4.1.2;
.6
the cost of all Products including cost of transportation thereof;
.7
the cost of materials, supplies, equipment, and hand tools not owned by the
Workers, including transportation and maintenance thereof, which are
consumed; and cost less salvage value on such items used but not
consumed, which remain the property of the Trade Contractor;
.8
a sum to cover indirect expenses and overheads equal to TEN PERCENT
(10%) of the aggregate of amounts payable under paragraphs 7.4.1.2.1,
7.4.1.2.3 and 7.4.1.2.4;
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.9
a sum in lieu of profits equal to FIVE PERCENT (5%) of the aggregate of the
amounts payable under 7.4.1.2.1 to 7.4.1.2.5;
.10
incremental rental cost of all tools, machinery, and equipment, exclusive of
hand tools, whether rented from or Provided by the Trade Contractor or
others;
.11
deposits lost;
.12
the amounts of all Subcontracts;
.13
the cost of quality assurance such as independent inspection and testing
services;
.14
charges levied by authorities having jurisdiction at the Place of the Project;
.15
any adjustment in applicable taxes and duties for which the Trade Contractor
is liable;
.16
the incremental cost of removal and disposal of waste Products and debris
specifically generated by a Change Directive.
7.4.2 All materials referred to in GC 7.4.1.2.5 shall become the property of the Owner and the
Trade Contractor shall take all steps reasonably required, including the execution of any
documents, to protect the title of the Owner thereto. Any costs reasonably incurred by the
Trade Contractor in taking steps to protect the title of the Owner should be paid as per
provisions in 7.4.1.
7.4.3
Upon notice of termination, the Trade Contractor shall be released from their liability or
obligation under the Contract Documents, save and except those liabilities or obligations
applying to that portion of the Work completed prior to termination with respect to
deficiencies and warranties.
GC 7.5 CLAIMS AGAINST AND OBLIGATIONS OF THE TRADE CONTRACTOR
7.5.3
The Trade Contractor will comply with all laws in force relating to payment periods, statutory
holdbacks and creation and enforcement of lien rights.
7.5.4
The Trade Contractor will discharge all lawful obligations and will satisfy all lawful claims
against the Trade Contractor arising out of the execution of the Work.
GC 8.1 AUTHORITY OF THE CONSTRUCTION MANAGER AND THE CONSULTANT
Delete clause 8.1.2 in its entirety.
Renumber clause 8.1.3 as 8.1.2 and revise to read as follows:
8.1.2
If a dispute is not resolved promptly the Construction Manager’s and/or the Consultant shall
give such instructions as in the Construction Manager’s and/or the Consultant’s opinion are
necessary for the proper performance of the Work and to prevent delays pending settlement
of the dispute. The parties shall act immediately according to such instructions, it being
understood that by so doing neither party will jeopardize any claim the party may have. If it
is subsequently determined that such instructions were in error or at variance with the
Contract Documents, the Owner shall pay the Trade Contractor costs incurred by the Trade
Contractor in carrying out such instructions as defined in GC 6.3.2, 6.3.3 and 6.3.4, which
the Trade Contractor was required to do beyond what the Contract Documents, correctly
understood and interpreted, would have required, including costs resulting from interruption
of the Work.
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GC 8.2 NEGOTIATION, MEDIATION, AND LITIGATION
Delete all clauses in this section in their entirety and substitute the following:
8.2.1
A party shall be conclusively deemed to have accepted a finding of the Construction
Manager and/or the Consultant under GC 2.2 - ROLE OF THE CONSTRUCTION
MANAGER AND THE CONSULTANT and to have expressly waived and released the other
party from any claims in respect of the particular matter dealt with in that finding unless,
within ten (10) Working Days after receipt of that finding, the party sends a notice in writing
of dispute to the other party and to the Construction Manager, which Contains the
particulars of the matter in dispute and the relevant provisions of the Contract Documents.
The responding party shall send a notice in writing of reply to the dispute within ten (10)
Working Days after receipt of the notice of dispute setting out particulars of this response
and any relevant provisions of the Contract Documents. If the responding party does not
respond within ten (10) Working Days, the responding party shall be deemed to have
accepted the finding of the Construction Manager and/or the Consultant under GC 2.2 ROLE OF THE CONSTRUCTION MANAGER AND THE CONSULTANT.
8.2.2
The parties shall make all reasonable efforts to resolve their dispute by negotiations and
agree to Provide, without prejudice, full and timely disclosure of relevant facts, information,
and documents to facilitate these negotiations.
8.2.3
After a period of ten (10) Working Days following receipt of a responding party's notice in
writing of reply under paragraph 8.2.1, the parties may agree to submit the dispute to
mediation. If the parties agree to submit the dispute to mediation, a mediator shall be
chosen who is mutually agreed to by the parties.
8.2.4
If a notice is not given pursuant to paragraph 8.2.3, the parties may refer the unresolved
dispute to:
.1 the courts; or
.2 any other form of dispute resolution which the circumstances may require.
8.2.5
If a dispute arises under the Contract in respect of a matter in which the Construction
Manager and/or the Consultant have no authority under the Contract to make a finding, the
procedures set out in paragraph 8.1.2 –AUTHORITY OF THE CONSTRUCTION MANAGER
AND THE CONSULTANT, paragraphs 8.2.2 to 8.2.7, and in GC 8.3 –RETENTION OF
RIGHTS apply to that dispute with the necessary changes to detail as may be required.
8.2.6
Nothing in this part may be construed as a waiver of the remedies of a party under the
Builders Lien Act.
Add the following two new Section 9 General Conditions:
GC 9.4 MATERIALS AND PLANT BECOME PROPERTY OF THE OWNER
9.4.1
All materials, Products and plant and the interest of the Trade Contractor in all licenses,
powers and privileges acquired, used or Provided by the Trade Contractor for the Work shall
from the time of being so acquired, used or Provided, become and are the property of the
Owner for the purposes of the Work and shall continue to be the property of the Owner:
.1 in the case of materials and Products, until the Owner indicates that it is satisfied that they
will not be required for the Work; and
.2 in the case of plant, licenses, powers and rights, until the Owner indicates that it is
satisfied that the interest vested in the Owner therein is no longer required for the purposes
of the Work.
9.4.2
Materials or plant that are the property of the Owner by virtue of paragraph 9.4.1, shall not
be taken away from the Place of the Project, or used or disposed of except for the purposes
of the Work without the consent in writing of the Owner.
RFQ #1220-40-15-10
PAGE 24 of 34
9.4.3
The Owner is not liable for loss or damage to materials or plant that are the property of the
Owner by virtue of this General Condition and the Trade Contractor is liable for such loss or
damage notwithstanding that the materials, Products or plant are the property of the Owner.
GC 9.5 MATERIALS, PLANT AND REAL PROPERTY SUPPLIED BY THE OWNER
9.5.1
The Trade Contractor is liable to the Owner for loss or damage to materials, plant, Products
and real property supplied or made available by the Owner to the Trade Contractor for use
in connection with the Work, excepting damage resulting from reasonable wear and tear and
except where caused by the negligence of the Owner, its servants or agents.
9.5.2
The Trade Contractor shall keep written records of the materials, plant, Products and real
property described in this GC 9.5 and will not use any of those items except for the
purposes of the Work. Upon request and to the satisfaction of the Owner, the Trade
Contractor shall show that the materials, plant, Products and real property to which this GC
9.5 applies are at a place and in a condition acceptable to the Owner.
9.5.3
Where the Trade Contractor has failed, within a reasonable time after being required in
writing by the Owner to make good any loss or damage for which the Trade Contractor is
liable under this GC 9.5, the Owner may cause that loss or damage to be made good. The
Trade Contractor shall thereupon be liable to the Owner for the cost thereof and shall, upon
written demand, pay to the Owner an amount equal to that cost.
GC10.4 WORKSAFE BC
10.4.1 Insert "by the Trade Contractor and Trade Subcontractors" after "compliance" in the second
line.
Add the following:
10.4.3 The Trade Contractor shall abide by and comply with all provisions of the Workers
Compensation Act with respect to the performance of the Work and will make all payments,
contributions and other remittances and all reports, returns and statements required of
employers under the said Act. The Trade Contractor shall ensure full compliance with the
said Act by all Trade Subcontractors and other persons employed by the Trade Contractor
or with whom the Trade Contractor may make any contract for the performance of any part
of the Work. The Trade Contractor agrees to indemnify the Owner against all cost, loss,
liability, obligation and lien which may arise as a consequence of any failure by the Trade
Contractor or any Trade Subcontractor or other person fully to comply with the said Act. The
Trade Contractor agrees immediately to qualify, and shall require all Trade Subcontractors
to qualify, as an employer or employers under the said Act.
Add the following new Section 10 General Condition
GC 10.5 SOCIAL SERVICES TAX
10.5.1 Prior to commencing the Work, Substantial Performance and the issuance of the Final
Certificate for Payment, the Trade Contractor shall Provide evidence of compliance with the
Social Services Tax Act, R.S.B.C. 1996, c. 431 including payments due there under.
10.5.2 The Trade Contractor shall allow the Owner to conduct an audit of the British Columbia
Ministry of Finance and Corporate Relations Consumer Database (or, if the Trade
Contractor is not a British Columbia registered company, the equivalent in the Province in
which the Trade Contractor is incorporated) in order to determine if the Trade Contractor is
in compliance with the Social Services Tax Act, R.S.B.C. 1996, c. 431.
RFQ #1220-40-15-10
PAGE 25 of 34
GC 11.1 INSURANCE
Delete all clauses under this GC entirely and replace with the following:
11.1.1 Without restricting the generality of GC 12.1 INDEMNIFICATION, insurance and coverage
will be arranged and paid for as under-noted:
(a) Commercial General Liability Insurance
1) The Owner shall Provide, maintain and pay for Commercial General Liability Insurance
with a limit of Five Million Dollars ($5,000,000.00), inclusive per occurrence, Three Million
Dollars ($3,000,000.00) Auto Insurance Twenty Million Dollars ($20,000,000.00) general
aggregate for bodily injury, death, and damage to property including loss of use thereof,
product/completed operations liability with a limit of Ten Million Dollars ($10,000,000.00)
annual aggregate.
2) The insurance shall cover the Owner, Construction Manager, Trade Contractors, Trade
Subcontractors, Architects, Engineers, Consultants and anyone employed by them to
perform a part or parts of the Work but excluding Suppliers whose only function is to supply
and/or transport Products to the Place of the Project. The insurance does not extend to any
activities, Works, jobs, or undertakings of the Insured’s other than those directly related to
the Work of this Contract.
3) The insurance shall preclude subrogation claims by the insurer against anyone insured
hereunder.
4) The insurance shall include coverage for:
.01
Premises and Operations Liability;
.02
Products or Completed Operations Liability;
.03
Blanket Contractual Liability;
.04
Cross Liability;
.05
Elevator and Hoist Liability;
.06
Contingent Employer’s Liability;
.07
Personal Injury Liability;
.08
Shoring, Blasting, Excavating, Underpinning, Demolition, Piledriving and
Caisson Work, Work Below Ground Surface, Tunneling and Grading, as
applicable;
.09
Liabilities with respect Non-Owned Licensed Vehicles; ($5,000,000.00)
.10
Road Form Property Damage;
.11
Road Form Completed Operations;
.12
Limited Pollution Liabilities ($2,000,000.00);
.13
Employees as Additional Insured’s;
.14
Broad Form Tenants Legal Liability ($10,000,000.00); and
.15
Operation of Attached Machinery.
5) Any applicable deductibles shall not exceed Ten Thousand Dollars ($10,000.00) except
with respect to loss or damage arising from hot roofing operations which will carry a
deductible of Two Million Dollars ($2,000,000.00). If the Project requires hot roofing work,
the roofing Trade Contractor will provide, maintain and pay for a Commercial General
Liability Insurance in the amount of Two Million Dollars ($2,000,000.00) inclusive per
RFQ #1220-40-15-10
PAGE 26 of 34
occurrence against bodily injury and property damage. The Owner shall be added as an
additional insured. Such insurance shall include, but not be limited to:
.01 Premises and Operations Liability;
.02 Products and Completed Operations;
.03 Owner’s and Contractor’s Protective Liability;
.04 Blanket Written Contractual Liability;
.05 Contingent Employer’s Liability;
.06 Personal Injury Liabilities;
.07 Non-Owned Automobile Liabilities;
.08 Cross Liability;
.09 Employees as Additional Insureds; and
.10 Broad Form Property Damage.
6) This insurance shall be maintained continuously from commencement of the Work until
the date of final certificate for payment is issued or when the insured project is completed
and accepted by or on behalf of the Owner, whichever occurs first, plus with respect to
completed operations, cover a further period of twenty-four (24) months.
(b) Course of Construction and Wrap-Up Liability Coverage
1) The Owner shall provide, maintain and pay for Course of Construction and Wrap-Up
Liability coverage, against “All Risks” of physical loss or damage, and will cover all materials,
property, structures and equipment purchased for, entering into, or forming part of the Work
whilst located anywhere within Canada and continental United States of America, during
construction, erection, installation and testing until completed and handed over and
accepted by the Owner. Such insurance shall not include coverage for Trade Contractor’s
equipment of any description. There will be a deductible of Ten Thousand Dollars
($10,000.00) for each and every occurrence except for the perils of flood which shall have a
deductible of Twenty Five Thousand Dollars ($25,000.00) and earthquake which shall have
a ten percent (10%) (subject to minimum Two Hundred Fifty Thousand Dollars
($250,000.00)) deductible based upon completed values at time of loss.
2) The coverage shall include as a protected entity, each Trade Contractor or Trade
Subcontractors, Construction Manager, Architect or Engineer for general liability losses only
and not professional liability losses who is engaged in the Project.
3) The coverage will contain a waiver of the protection program’s rights of subrogation
against all protected entities except where a loss is deemed to have been caused by a
resulting from any error in design or any other professional error or omission.
4) The Trade Contractor shall, at his own expense, take special precaution to prevent fires
occurring in or about the Work and shall observe, and comply with, all laws and regulations
in force respecting fires.
(c) Automobile Liability Insurance
The Trade Contractor shall Provide, maintain and pay for, and require all Trade Subcontractors to
Provide, maintain and pay for Automobile Liability Insurance in respect of all owned or leased
vehicles, subject to limits of not less than Three Million Dollars ($3,000,000.00) inclusive per
occurrence. The insurance shall be placed with such company or companies and in such form and
deductibles as may be acceptable to Owner.
(d) Aircraft and Watercraft Liability Insurance
The Trade Contractor shall Provide, maintain and pay for liability insurance with respect to owned
or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work,
subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for
bodily injury, death, and damage to property including loss of use thereof and including aircraft
RFQ #1220-40-15-10
PAGE 27 of 34
passenger hazard where applicable. The insurance shall be placed with such company or
companies and in such form and deductibles as may be acceptable to Owner.
11.1.2 Unless specified otherwise, the duration of each coverage and insurance policy shall be
from the date of commencement of the Work until the date of final certificate for payment.
11.1.3 The Owner shall, upon request, provide the Trade Contractor with proof of coverage and
insurance for those coverages and insurances required to be provided by the Owner prior to
commencement of the Work.
11.1.4 The Trade Contractor and/or his Subcontractors, as may be applicable, shall be responsible
for any deductible amounts under the policies of coverage and insurance except for perils of
flood and earthquake.
11.1.5 The Trade Contractor shall Provide, maintain and pay for any additional insurance which he
is required to provide by law or which he considers necessary to cover risks not otherwise
covered by insurance specified in this section.
11.1.6 The Trade Contractor shall provide the Owner with proof of insurance for those insurances
required to be provided by the Trade Contractor prior to the commencement of the Work in
the form of a completed Certificate of Insurance.
11.1.7 The Owner shall not be responsible for any injury to the Trade Contractor’s employees or for
loss or damage to the Trade Contractors or to a Trade Contractor’s employees’ machinery,
equipment, tools or supplies which may be temporarily used or stored in, on or about the
premises during construction and which may, from time-to-time, or at the termination of the
contract, be removed from the premises. The Trade Contractor hereby waives all rights of
recourse against the Owner or any other contractor with regard to damage to the Trade
Contractor’s property.
GC 11.2 BONDS
11.2.1 Revise to read: “The Trade Contractor shall, prior to payment of any amounts due to the
Trade Contractor under this agreement, provide to the Construction Manager any surety
bonds required by the Contract”.
GC 12.1 INDEMNIFICATIONS
Delete this section in its entirety and substitute the following:
12.1.1 Notwithstanding the provision of coverage and insurance by the Owner, the Trade
Contractor will indemnify and save harmless the Owner, its employees and agents, from and
against any and all losses, claims, damages, actions, causes of action, costs and expenses
that the Owner may sustain, incur, suffer or be put to at any time either before or after the
expiration or termination of this Contract, where the same or any of them are based upon,
arise out of or occur, directly or indirectly, by reason of any act or omission of the Trade
Contractor or of any agent, employee, officer, director or Trade Subcontractors of the Trade
Contractor pursuant to this Contract, excepting always liability arising out of the independent
negligent acts of the Owner.
12.1.2 GC 12.1 – INDEMNIFICATION shall govern over the provisions of paragraph 1.3 of GC 1.3
– RIGHTS AND REMEDIES or GC 9.2 – DAMAGES AND MUTUAL RESPONSIBILITY.
GC 12.2 WAIVERS OF CLAIMS
Delete this section in its entirety.
RFQ #1220-40-15-10
PAGE 28 of 34
GC 12.3 WARRANTY
12.3.1 Delete entirely.
12.3.2 Delete entirely and substitute the following:
Other than with respect to the drawings and specifications prepared by the Trade Contractor
or its consultants, if any, the Trade Contractor shall be responsible for the proper
performance of the Work only to the extent that the design and Contract Documents permit
such performance. The provisions of any special warranties set forth in the specifications
are in addition to and not in substitution for the warranties set out in this GC12.3 WARRANTY.
12.3.3 Delete entirely and substitute the following:
Subject to paragraph 12.3.2, the Trade Contractor shall correct or arrange for the correction
promptly at its own expense of defects or deficiencies in the Work which appear prior to and
during the period of one year from the date of Substantial Performance of the Work or such
longer periods as may be prescribed by the specifications for certain Products or parts of the
Work. The Trade Contractor further agrees to correct or arrange for the correction promptly
at its own expense of defects or deficiencies in the Work corrected under this paragraph
12.3.3 which appear during the period of one year from the date of completion of the
correction or such longer periods as may be prescribed in the specifications for certain
Products or parts of the Work.
Add the following new clauses:
12.3.6 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph 12.3.3.
12.3.7 The Trade Contractor warrants that the Work will be constructed in a workmanlike manner
and in accordance with the Contract Documents and will be free of all structural defects.
12.3.8 The Trade Contractor will assign to the Owner the benefit of all warranties which the Trade
Contractor obtains from Trade Subcontractors and Suppliers to the extent that such
warranties are not issued directly to the Owner.
12.3.9 Neither test results, nor selection or approval by the Owner or the Consultant of testing
entities, nor payment by the Owner of testing entities, shall relieve the Trade Contractor of
its responsibility for the quality, accuracy, sufficiency, completeness and performance of the
Work in accordance with the Contract Documents.
Add the following new PARTS 13, 14 and 15:
PART 13 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
GC 13.1 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
13.1.1 All documents submitted to the Owner will be in the custody or control of, or become the
property of the Owner and as such are subject to the Freedom of Information and Protection
of Privacy Act, R.S.B.C. 1996, c.165.
PART 14 CONFIDENTIALITY
GC 14.1 CONFIDENTIALITY
14.1.1
Except as provided for by law or otherwise by this agreement, the Owner and the Trade
Contractor will keep strictly confidential any information supplied to, obtained by, or which
comes to the knowledge of the Owner and the Trade Contractor as a result of the provision
of the Goods or performance of the Services and this agreement, and will not, without the
prior express written consent of the Owner, publish, release, disclose or permit to be
disclosed any such information to any person or corporation, either before, during or after
RFQ #1220-40-15-10
PAGE 29 of 34
termination of this agreement, except as reasonably required to provide the Goods or
complete the Services.
14.1.2
The Trade Contractor acknowledge that the Owner is subject to the Freedom of
Information and Protection of Privacy Act and agrees to any disclosure of information by
the Owner required by law
14.1.3
The Trade Contractor agrees to return to the Owner all of the Owner’s property at the
completion of this agreement, including any and all copies or originals of reports provided
by the Owner.
14.1.4 The Trade Contractor shall not publish any statement, paper photograph or document or
hold any ceremony with respect to the Contract of the Work performed under the Contract
without the prior written approval of the Owner.
PART 15 SEVERABILITY
GC 15.1 SEVERABILITY
15.1
Any provision of this Contract which is found to be illegal, invalid, void, prohibited or
unenforceable will be:
(a) separate and severable from this Contract; and
(b) ineffective to the extent of such illegality, invalidity, avoidance, prohibition or
unenforceability; without affecting any of the remaining provisions of this Contract which will
remain in force, be binding upon the parties and be enforceable to the fullest extent of the
law.
RFQ #1220-40-15-10
PAGE 30 of 34
SCHEDULE C
QUOTATION
RFQ No.:
RFQ Title:
1220-40-15-10
BULK AND DETAIL EXCAVATION SERVICES FOR THE CITY CENTRE LIBRARY
PROJECT
CONTRACTOR
CITY OF SURREY
Legal Name: ________________________________
___________________________________________
Address: ____________________________________
Phone: ________________ Fax: _______________
Email: ______________________________________
1.
City’s Representative: V. McGregor,
Purchasing Technical Specialist
Address: 6645 – 148 St., Surrey, BC V3S 3C7
Phone: 604-590-7274
Fax: 604-599-0956
Email (PDF format only): purchasing@surrey.ca
The Contractor offers to supply to the City of Surrey the Goods and Services commencing on or before March
5th, 2010 with total completion on April 2nd, 2010 for the prices plus applicable taxes as follows:
F.O.B.
Payment Terms:
Ship Via:
Destination
A cash discount of ____% will be allowed if invoices are paid within ___
Freight Prepaid
days, or the ___ day of the month following, or net 30 days, on a best effort
basis.
PRICING :
$______________
Bulk and detail excavation services at 10350 University Drive, Surrey, BC, as set
out in Schedule A and B of RFQ # 1220-40-15-10.
CURRENCY: Canadian
2.
3.
SUB-TOTAL
GST:
TOTAL:
Alternate prices:
1) Rock removal (> 1 cubic meter)
__________
2) Additional bulk material excavation and disposal off site ($/cubic meter)
__________
3) Deletion of bulk material excavation and disposal off site ($/cubic meter)
__________
4) Additional detail material excavation and disposal off site ($/cubic meter)
__________
5) Deletion of detail material excavation and disposal off site ($/cubic meter)
__________
The Work will be completed within _________ days (inclusive of weekends) duration. Contractor to attach
schedule supporting the # of days duration stated.
RFQ #1220-40-15-10
PAGE 31 of 34
4.
5.
If this offer is accepted by the City, such offer and acceptance will create a contract as described in:
(a)
the RFQ;
(b)
the specifications set out above and in Schedule A of the RFQ;
(c)
the Supplementary General Conditions CCA17-1996 as set out in Schedule B of the RFQ;
(d)
this Quotation, including the attached Contractor’s schedule; and
(e)
other terms, if any, that are agreed to by the parties in writing.
Capitalized terms used and not defined in this Quotation will have the meanings given to them in the RFQ. Except as
specifically modified by this Quotation, all terms, conditions, representations, warranties and covenants as set out in
the RFQ will remain in full force and effect.
6.
In addition to the warranties provided in the General Terms and Conditions this offer includes the following
warranties:
7.
I/We have reviewed the Supplementary General Conditions CCA17-1996. If requested by the City, I/we would be
prepared to enter into an agreement that incorporates the Supplementary General Conditions CCA17-1996, amended
by the following departures (list, if any):
Section
8.
Departure / Alternative
The City requires that the successful Contractor have the following in place before providing the Goods and
Services:
(a)
WorkSafe BC 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)
Insurance coverage for the amounts required in the Supplementary General Conditions CCA17-1996 as a
minimum, naming the City as additional insured and generally in compliance with the City’s sample insurance
certificate form (available on the City's web site at www.surrey.ca (search "revenue and risk") titled City of
Surrey Certificate of Insurance Standard Form);
(c)
City of Surrey business license; and
(d)
If the Contractor is a company, the company name indicated above is registered with the Registrar of
Companies in the Province of British Columbia, Canada, Incorporation Number ___________________.
(e)
The Contractor’s Goods and Services Tax (GST) Number ______________________.
As of the date of this Quotation, we advise that we have the ability to meet all of the above requirements except as
follows (list, if any):
Section
RFQ #1220-40-15-10
Departure / Alternative
PAGE 32 of 34
9.
Contractor's relevant experience and qualifications in delivering Goods and Services similar to those required by the
RFQ (use the spaces provided and/or attach additional pages, if necessary):
10.
Contractor's references (name and telephone number) (use the spaces provided and/or attach additional pages, if
necessary). The City's preference is to have a minimum of three references:
11.
Contractor should provide information on the background and experience of all key personnel proposed to provide the
Goods and Services (use the spaces provided and/or attach additional pages, if necessary):
Key Personnel
12.
Name:
Name:
_______
Years of Experience:
Years of Experience:
Project Name:
Project Name:
Responsibility:
Responsibility:
Name:
Name:
Years of Experience:
Years of Experience:
Project Name:
Project Name:
Responsibility:
Responsibility:
Name:
Name:
Years of Experience:
Years of Experience:
Project Name:
Project Name:
Responsibility:
Responsibility:
_______
_______
Contractor should provide the following information on the background and experience of all Subcontractors proposed
to undertake a portion of the Goods and Services (use the spaces provided and/or attach additional pages, if
necessary):
DESCRIPTION OF GOODS AND
SERVICES
SUBCONTRACTORS NAME
YEARS OF
TELEPHONE NUMBER
WORKING WITH
AND EMAIL
CONTRACTOR
RFQ #1220-40-15-10
PAGE 33 of 34
13.
List any special tools that will be furnished with the machinery
____________________________________________
14.
I/We the undersigned duly authorized representatives of the Contractor, having received and carefully reviewed the
RFQ including without limitation the Supplementary General Conditions CCA17-1996, submit this Quotation in
response to the RFQ.
This Quotation is offered by the Contractor this ___________ day of ___________________, 2010.
CONTRACTOR
I/We have the authority to bind the Contractor.
____________________________________________
(Legal Name of Contractor)
____________________________________________
(Signature of Authorized Signatory)
__________________________________________
(Signature of Authorized Signatory)
____________________________________________
(Print Name and Position of Authorized Signatory)
__________________________________________
(Print Name and Position of Authorized Signatory)
RFQ #1220-40-15-10
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