REQUEST FOR QUOTATIONS
Title:
GENERAL CONTRACTOR FOR SURREY ARTS CENTRE
STORAGE MEZZANINE
Reference No.:
1220-40-46-10
FOR THE SUPPLY OF GOODS AND SERVICES
TABLE OF CONTENTS
1.
INTRODUCTION ..........................................................................................................................................3
2.
ADDRESS FOR DELIVERY ........................................................................................................................3
3.
DATE..............................................................................................................................................................3
4.
INQUIRIES ....................................................................................................................................................3
5.
ADDENDA ....................................................................................................................................................3
6.
DURATION OF QUOTATION .....................................................................................................................3
7.
NO CONTRACT ............................................................................................................................................3
8.
ACCEPTANCE ..............................................................................................................................................4
9.
CONTRACTOR'S EXPENSES ......................................................................................................................4
10.
CONTRACTOR'S QUALIFICATIONS ........................................................................................................4
11.
CONFLICT OF INTEREST ...........................................................................................................................4
12.
SOLICITATION OF COUNCIL MEMBERS, CITY STAFF AND CITY CONSULTANTS ......................4
13.
CONFIDENTIALITY ....................................................................................................................................4
14.
SIGNATURE..................................................................................................................................................4
ATTACHMENT 1 – DRAFT QUOTATION AGREEMENT ............................................................................................ 6
SCHEDULE A – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES ......................................................... 27
SCHEDULE A-1 – SPECIAL PROVISIONS.................................................................................................................... 29
SCHEDULE B – QUOTATION......................................................................................................................................... 31
RFQ (Goods & Services) No. 1220-40-46-10
Page 2 of 33
REQUEST FOR QUOTATIONS
1.
INTRODUCTION
The City of Surrey (the “City”) invites contractors to provide a quotation on the form attached as Schedule B
to Attachment 1 (the "Quotation") for the supply of the goods (if any) and services described in Schedule A
and A-1 to Attachment 1 (the "Goods and Services"). The description of the Goods and Services sets out
the minimum requirements of the City. 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.
ADDRESS FOR DELIVERY
The Contractor will submit the Quotation to the City at the office of:
Kam Grewal, BBA, CMA
Acting Purchasing & AP Manager
Address:
6645 – 148 Street
Surrey, BC V3S 3C7
Fax:
604-599-0956
E-mail for PDF Files:
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 2 copies (3 in total).
3.
DATE
The City would prefer to receive Quotations on or before June 11, 2010. The City's office hours are 8:30
a.m. to 4:00 p.m., Monday to Friday, except statutory holidays.
4.
INQUIRIES
All inquiries related to this Request for Quotations ("RFQ") will be directed in writing to:
Kam Grewal, BBA, CMA
Acting Purchasing & AP Manager
at Address:
6645-148th Street
Surrey, BC V3S 3C7
Fax:
604-599-0956
Telephone:
604-590-7274
Email:
purchasing@surrey.ca
5.
ADDENDA
If the City determines that an amendment is required to this RFQ, the City Representative will post a
written addendum on the City’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 City’s FTP site. Upon submitting
a Quotation, Contractors will be deemed to have received notice of all addenda that are posted on the City’s
FTP site.
6.
DURATION OF QUOTATION
The Quotation will be open for acceptance by the City until:
(a) the date specified in this RFQ or in a Quotation; or
(b) as described in a subsequent written notice which the Contractor may send to the City.
7.
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 City may negotiate changes to any terms of a Quotation, including terms in Attachment 1 and
RFQ (Goods & Services) No. 1220-40-46-10
Page 3 of 33
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.
8.
ACCEPTANCE
A Quotation will be an offer to the City which, subject to Section 6, the City may accept at any time by
signing the CCDC2-2008 contract with Supplementary General Conditions.
9.
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 City or its representatives and consultants, relating to or
arising from the RFQ. The City 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.
10.
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.
11.
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 City, its elected or appointed officials or employees. The City
may rely on such disclosure.
12.
SOLICITATION OF COUNCIL MEMBERS, CITY STAFF AND CITY CONSULTANTS
Contractors and their agents will not contact any member of the City Council, City staff or City consultants
with respect to this RFQ, other than the contact person named in Section 4, at any time prior to the award of
a contract or the cancellation of this RFQ.
13.
CONFIDENTIALITY
All Quotations become the property of the City and will not be returned to the Contractor. All Quotations
will be held in confidence by the City unless otherwise required by law. Contractors 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.
14.
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 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 Contractor is an individual, including a sole proprietorship, the name of the individual
should be included.
RFQ (Goods & Services) No. 1220-40-46-10
Page 4 of 33
RFQ (Goods & Services) No. 1220-40-46-10
Page 5 of 33
ATTACHMENT 1
SUPPLEMENTARY GENERAL CONDITIONS
CCDC2-2008
Title:
GENERAL CONTRACTOR FOR SURREY ARTS CENTRE
STORAGE MEZZANINE
Reference No.:
1220-40-46-10
FOR THE SUPPLY OF GOODS AND SERVICES
RFQ (Goods & Services) No. 1220-40-46-10
Page 6 of 33
CITY OF SURREY
SUPPLEMENTARY GENERAL CONDITIONS OF THE STIPULATED PRICE
CONTRACT CCDC2 - 2008
The following Supplementary Conditions are specific to projects contracted with the City of Surrey. No other
conditions apply to the City of Surrey CCDC2/2008 contracts.
The Articles of Agreement between the Owner and Contractor and the General Conditions of the Stipulated Price
Contract CCDC2/2008 together with the following alterations and additions shall apply in their entirety to the
Contract and form the entire Agreement.
In the event of any conflict between the provisions of the Contract Documents and any provision of these
Supplementary General Conditions, these Supplementary General Conditions shall govern.
ARTICLE A-5 PAYMENT
1.
Delete Section 5.3, including all of Section 5.3.1 and Section 5.3.2, in its entirety.
Add new section as follows:
ARTICLE A-9 TIME OF THE ESSENCE
2.
9.1
All time limits stated in this Contract are of the essence of the Contract."
Add new section as follows:
ARTICLE A-10 PRE-CONSTRUCTION DOCUMENTATION
3.
10.1
Not later than ten (10) business days after receipt of "Notice of Award", the Contractor shall
deliver to the Owner the following:
.1
certified copies of all insurance policies required by this Contract;
.2
the performance and labour and material payment bonds as required by this Contract;
.3
a construction schedule satisfactory to the Owner as required by paragraph 3.5.1.1 of the
Contract including, in a graphic form the proposed dates of commencement and
completion of each of the various subdivisions of the Work, and corresponding to the
breakdown of work shown on the schedule of values, as required by paragraph 5.2.3 of
the Contract;
.4
a schedule of values of the various parts of the Work as required by 5.2.3 of the Contract;
and,
.5
Certificate of Good Standing from the Workers' Compensation Board.
DEFINITIONS
4.
Refer to Section 6:
Immediately before the word “amendments” in the second line, insert “written”.
5.
Refer to Section 24:
Delete and replace with:
“Value Added Taxes means such sum as shall be levied upon the Contract Price for Goods and Services
Tax (GST) pursuant to the Excise Tax Act.”
6.
Add new paragraph:
27.
Certificate of Completion
A Certificate of Completion is a certificate of completion as defined in the Builders Lien Act
issued by the Consultant.
GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT
PART 1 GENERAL PROVISIONS
RFQ (Goods & Services) No. 1220-40-46-10
Page 7 of 33
GC 1.1 CONTRACT DOCUMENTS
7.
Delete section 1.1.7.1 in its entirety, and replace with the following:
“.1
the order of priority of documents, from highest to lowest, shall be:
-
8.
the Agreement between the Owner and the Contractor,
addenda, if any,
the Definitions,
Supplementary General Conditions; if any,
the General Conditions
the Special Provisions
the Supplementary Specifications
the Contract Drawings
the Construction Schedule
the RFQ Document.”
Add the following new sections:
1.1.11
The Contractor shall be responsible for all Work within its 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 Contractor
and any Subcontractor.
1.1.12
All instructions given by or on behalf of the Consultant or the Owner under the Contract
Documents shall be given to the Contractor and the Contractor shall be responsible for giving such
instructions to Subcontractors as may be necessary for the due and proper performance of the
Work being performed by Subcontractors.
1.1.13
The 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
9.
1.2.1
Delete and replace with the following:
The laws of the Province of British Columbia shall govern the interpretation of the Contract.
PART 2 ADMINISTRATION OF THE CONTRACT
GC 2.2 ROLE OF THE CONSULTANT
10.
2.2.1 insert after the words “Contract Documents”:
“, until complete performance of the Work, and during the warranty period as required.”
11.
2.2.7 In line 1, delete:
“Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER,”
GC 2.3 REVIEW AND INSPECTION OF THE WORK
12.
2.3.2
In the first sentence, add “review,” before the word “tests”.
13.
2.3.4
In the first line, delete the word “special”, and replace with “review”, and at the end of the
sentence, add “review”, before the third instance of “inspections”.
14.
Add new section as follows:
2.3.8
Should the Consultant be required to make more than one review of rejected work or should the
Consultant perform additional reviews due to failure of the Work to comply with the application
for status of completion made by the Contractor, the Contractor is required to compensate the
Owner for such additional Consultant services, including expenses incurred. Adjustments for such
compensation should be made as outlined under Part 6 CHANGES IN THE WORK.
RFQ (Goods & Services) No. 1220-40-46-10
Page 8 of 33
PART 3 EXECUTION OF THE WORK
GC 3.4 DOCUMENT REVIEW
15.
3.4.1
In the third line, delete the word “belief”, and replace with “analysis”.
After the word “analysis”, delete the remaining part of the sentence.
Delete the third sentence of the section, beginning from “The Contractor shall not .......... did not
discover.”
G.C. 3.5 CONSTRUCTION SCHEDULE
16.
Add the following new section as follows:
3.5.1.4 “The Contractor will perform the Work in compliance with the construction schedule. If, for any
reason, the Work falls behind the schedule for the Work set forth in the construction schedule the
Contractor shall as part of the Work either:
(a)
if in accordance with the Contract Documents the delay entitles the Contractor to a time
extension the Contractor shall forthwith prepare and deliver to the Consultant a revised
construction schedule to the reasonable satisfaction of the Consultant indicating the
revised dates for the remaining activities of the Work; or
(b)
if in accordance with the Contract Documents the delay does not entitle the Contractor to
a time extension then the Contractor shall take such steps as required to bring the Work
back into conformity with the construction schedule.
Failure to comply with the requirements of this section shall be deemed to be a default under the
Contract to which the provisions of GC 7.1.2 apply.”
17.
Add the following new section:
3.5.2
If the Contractor does not perform the Work substantially in accordance with the agreed
construction schedule, the requirements of which are detailed in Division 1, and the date of
Substantial Performance stated in Article A-1 of the Agreement, the Contractor shall take whatever
measures are necessary, including such extra measures as shift work or an expanded work force, to
ensure the completion of the Work by the date state, at no extra cost to the Owner.
GC 3.6 SUPERVISION
18.
Add after the last sentence:
3.6.1
“The appointed Contractor representative shall not change without consultation with and written
acceptance of the Owner. The acceptance shall not be unreasonably withheld unless due cause is
shown for withholding of acceptance.”
GC 3.7 SUBCONTRACTORS AND SUPPLIERS
19.
Add at the end of the last sentence:
3.7.2
20.
“The Contractor shall not employ any Subcontractor, or change Subcontractor, without the
written approval of the Consultant, which approval will not be unreasonably withheld.”
Add the following new sections:
3.7.7
“The Contractor will provide only personnel who have qualifications, experience and capabilities
to perform the Work.”
3.7.8
“If the Owner reasonably objects to the performance, qualifications, experience or suitability of
any of the Contractor’s personnel or sub-contractors, then the Contractor will, on written request
from the City, replace such personnel or sub-contractor.
3.7.9
The Contractor shall, in the case of Subcontractors and Suppliers, be held responsible for and shall
see that the 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 by-laws, regulations and statutes.
RFQ (Goods & Services) No. 1220-40-46-10
Page 9 of 33
3.7.10
The Contractor shall coordinate the Work of all of its 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.
3.7.11
The Contractor shall pay all amounts owing to its Subcontractors, Suppliers and Labourers and
shall take all necessary steps to ensure that its Subcontractors and Suppliers pay all amounts owing
to their subcontractors, suppliers and labourers. All payments shall be made promptly when due.
3.7.12
The 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 Subcontractor, Supplier or labourer
with whom the Contractor or any of its Subcontractors or Suppliers has contracted in relation to
the Work.
GC 3.8 LABOUR AND PRODUCTS
21.
Add the following new paragraphs:
3.8.4
“Immediately upon receiving from the Consultant or the Owner a written notice stating the
Consultant’s or the Owner’s reasonable objection to the work conduct of any superintendent,
foreman or worker on the Project site, the Contractor will remove such persons from the Project
site.”
3.8.5
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 Work.
3.8.6
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.
3.8.7
The 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 Contractor or his
Subcontractors, 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.
3.8.8
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.
3.8.9
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."
3.8.10
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 Contractor for any reason consider that the 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 Contractor shall so advise the
Consultant in writing and shall not proceed until specific written direction has been received.
Failure to so advise the Consultant will be taken as acceptance that work will be complete in every
respect and that specified warranties will be provided.
3.8.11
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 plurals named, each named Product or construction method or system is
approved for use under the Contract and the choice rests with the 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 Contractor shall prove to the Consultant's
RFQ (Goods & Services) No. 1220-40-46-10
Page 10 of 33
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.
3.8.12
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 Contractor to find a source of supply.
This shall not relieve the Contractor from its responsibility for finding its own source of supply
even if the source named no longer supplies the Product specified. If the Contractor is unable to
obtain the specified Product, the 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.
3.8.13
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 Contractor shall
remove such material from the Place of the Work at the Contractor's own expense.
GC 3.9 DOCUMENTS AT THE SITE
22.
GC 3.10
23.
3.9.1
SHOP DRAWINGS
At the end of the sentence, add:
3.10.1
24.
In the first line, immediately after the words “Contract Documents,” insert “reviewed shop
drawings”
“The shop drawings provided by the Contractor will be complete and show the entire extent of the
relevant portion of the Work.”
Add the following new paragraphs:
3.10.13 “Upon Substantial Performance of the Work, the Contractor will submit all reviewed and revised
Shop Drawings to the Owner as a permanent record of the Work. As of the date of issuance of a final
certificate for payment, the Shop Drawings will be retained by the Owner as the Owner’s property.”
3.10.14 “The Contractor shall not proceed with the Work to which a Shop Drawings applies before the
Consultant has reviewed and returned the shop drawing as provided by GC 3.10.12.”
GC 3.11 USE OF WORK
25.
Add the following new sections:
3.11.3
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 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.
3.11.4
The 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.
3.11.5
The Consultant shall prepare a list of deficiencies.
requirements, and correct all deficiencies.
The Contractor shall comply with all
PART 4 – ALLOWANCES
GC 4.1 CASH ALLOWANCES
RFQ (Goods & Services) No. 1220-40-46-10
Page 11 of 33
26.
Add:
4.1.2
27.
After the first sentence, add “Unless noted otherwise, none of the Work included in the drawings
and specifications is intended to be paid for by cash allowance. The Cash allowance is for the
Owner’s use, at the Owner’s sole discretion.”
In Section 4.1.4:
a)
in all instances delete the words “any cash allowance”, and replace them with “all cash
allowance”.
b)
at the end of the last sentence, add the following new sentence:
“The General Contractor’s Overhead and Profit on costs exceeding the amount of the Allowance
shall be ten (10%) percent on work performed directly by the General Contractor, and five (5%)
percent on work performed by subtrades.”
28.
Add the following new section:
4.1.8
“Expenditure of Cash Allowance are to be directed as per GC 6.2 CHANGE ORDER or GC 6.3
CHANGE DIRECTIVE, at the Owner’s directive. All Work under cash allowance is to be
competitively bid unless directed by the Owner. The Contractor shall keep records and submit a
monthly update on expenditures towards Cash Allowance including unallocated amounts.
PART 5 PAYMENT
GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER
29.
Delete 5.1 including all of 5.1.1 and 5.1.2, in its entirety.
GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT
30.
At the end of the sentence, add the following:
5.2.3:
31.
At the end of the sentence, add the following:
5.2.4
32.
“A second schedule stating the anticipated monthly progress payments, is to be submitted upon
request of the Owner.”
Delete in its entirety and replace with:
5.2.7
33.
“The Contractor will identify separately, with reference to the applicable Change Order, any
application for payment for Work performed pursuant to a Change Order. No payment for extras
or changes will be made before the issuance of the applicable Change Order.”
“No claim shall be made for any Product which is delivered to the Place of the Work until it is
incorporated into the Work and any claim for Products which are incorporated into the Work shall
be supported by such evidence as the Consultant may reasonably require to estimate the value of
such Products.”
Add the following new section:
5.2.8
“An application for payment shall be deemed received only if submitted complete with required
supporting documentations as determined by the Owner.”
GC 5.3 PROGRESS PAYMENT
34.
Delete its entirety and replace with:
5.3.1.3 “The Owner to make payment(s) to the Contractor on account as provided in Article A-5 of the
Agreement - PAYMENT NET 30 days from invoice date on a best effort basis.
35.
Add the following new sections:
RFQ (Goods & Services) No. 1220-40-46-10
Page 12 of 33
5.3.2
“The Owner may set off from payments owing to the Contractor costs, expenses and damages the
Owner incurs or suffers as a result of the Contractor’s wrongful or negligent act or omission, or
which the Owner incurs on the Contractor’s behalf.”
5.3.3
“The Owner may, in addition to other holdbacks as provided by the Contract Documents, hold back
an amount equal to any lien which has been filed with respect to the Work, plus 10% as security for
costs. The Owner may, at its option, after five days written notice to the Contractor, pay such amount
into court to discharge the lien. If the lien is discharged without payment of the holdback into court,
then the Owner shall pay such holdback to the Contractor, without interest.”
5.3.4
“In addition to builders lien holdbacks, the Owner may retain holdbacks to cover deficiencies in
the Work, in an amount equal to twice the amount the Consultant estimates as the total cost to
complete the deficiencies.”
GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK
36.
Add the following new sections:
5.4.4
Should the Consultant find significantly more incomplete or deficient Work than those listed by
the 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
Contractor shall compensate the Owner for the additional time and expenses incurred by the
Construction Manager, Consultant, Subconsultants and Owner in relation to multiple inspections.
5.4.5
Within seven days of the issuing of a Certificate of Substantial Completion, the Consultant will
deliver copies to interested parties requesting copies and will post a copy in the Contractor’s site
office, in accordance with the Builders Lien Act.
5.4.6
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,
.2 the value of incomplete Work; and
.3 the amount of all previous payments.
If the Contractor fails to complete or correct the items referred to in .1 and .2 above within a
reasonable time, as determined by the Consultant, 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 SUBSTANTITAL PERFORMANCE OF THE WORK
37.
Delete 5.5.3 in its entirety.
GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK
38.
At the end of the sentence, add the following new sentence:
5.6.3
“The Contractor is required to comply with the holdback provisions of the Builders Lien Act.
S.B.C.1997, Chapter 45 in force as of February 1, 1998. With each request for release of holdback
monies, the Contractor is required to submit an Authorization to Release Holdback Monies Form.”
GC 5.7 FINAL PAYMENT
39.
After the first sentence, add the following:
5.7.2
“The application by the Contractor for payment upon Total Performance of the Work shall only be
made after compliance with Division 1, General Requirements, Section 01700 (Project Closeout) and
the inclusion of the following:
RFQ (Goods & Services) No. 1220-40-46-10
Page 13 of 33
a)
A Statutory Declaration, completed in duplicate and sworn before a Notary Public or a
Commissioner for Oaths for the Province of British Columbia, that all accounts due have been
paid.
b)
A letter from the Workers’ Compensation Board confirming that the Contractor is in good
standing.
c)
A certificate from the Land Registry Office on the date of expiration of the 55 day Lien
Period that no liens have been registered against the property.”
d)
A copy of the advertisement of Substantial Completion placed in a Daily Commercial
Newspaper.
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.
40.
Delete the words:
5.7.4
41.
“no later than 5 days after the issuance of a final certificate for payment” and replace with “net 30
days from invoice date, on a best effort basis”.
Add the following new sections:
5.7.5
“The Consultant will provide to the Owner two (2) hard copies and an Adobe PDF digital file of the
Architectural, Structural, Mechanical and Electrical Maintenance manuals.”
5.7.6
“The Consultant will provide all drawings to the Owner including one (1) hard copy set of full size and
digital copies in AutoCAD and Adobe PDF on either CD-Rom or DVD-Rom.”
5.7.7
“The Consultant will not issue the final certificate for payment until the Contractor has submitted
a release from the Workers Compensation Board covering work of the Contract to completion,
plus inspections and approval certificates of all authorities with jurisdiction.”
5.7.8
“The issuance of a final certificate for payment in no way relieves the Contractor from correcting
defects or deficiencies not apparent at the time the certificate is issued.”
PART 6 CHANGES IN THE WORK
GC 6.1 OWNER’S RIGHT TO MAKE CHANGES
42.
Add the following new sections:
6.1.3
6.1.4
“The documentation procedure for authorization for Changes in the Work shall be as follows:
.1
No verbal instruction will be recognized. All instructions and clarifications will be by letter
or “Inspection Reports” completed by the Consultant for immediate authorization on site.
Should such instructions involve extra cost the Contractor shall inform the Consultant upon
receipt of the instruction.
.2
“Contemplated Change Orders” completed by the Consultant in a “Site Report” form for
purposes of pricing only shall be issued to the Contractor’s Supervisor. The Contractor will
price the work and return the form to the Consultant.
.3
“Change Orders” for construction will proceed only upon approval of the Contractor’s price,
witnessed by the Consultant’s recommendation, and authorized by the Owner. Charges for
additional work not so authorized will not be accepted.”
Whenever the Consultant delivers a written request to the Contractor for a quotation of a possible
change, the Contractor will within 10 days after receiving such request provide to the Consultant
in writing a quotation of the value of the contemplated change (increase or decrease) and a
statement of the effect, if any, of the contemplated change on the construction schedule. The
Contractor’s written quotation and statement will be interpreted to include all costs, including any
indirect or “impact” effects, and all effects on the construction schedule. The Contractor will not
be entitled to claim on account of any cost or effect not included specifically in the quotation and
RFQ (Goods & Services) No. 1220-40-46-10
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statement unless the quotation and statement specifically itemize and describe such indirect
effects.
GC 6.2 CHANGE ORDER
43.
Add at the end of the paragraph:
6.2.1
44.
“There shall be no adjustment to the Contract Time should the Contractor fail to present a request
for a specific adjustment to the Contract Time in response to a notice describing a proposed
change in the Work.”
Add the following new sections:
6.2.3
“General Contractor’s overhead and profit will not be allowed on Change Orders paid for from
Allowances specified in the contract.”
6.2.4
A Change Order shall be a final determination of adjustments in the Contract Price and
Contract Time. There shall be no adjustments to the Contract Time or Contract Price or
compensation or payment of any kind whatsoever based on the quantity, scope or cumulative
value of changes in the Work.
6.2.5
The value of a change in the Work shall be determined in one or more of the following methods
as selected by the Consultant in consultation with the Owner.
.1
by estimate and acceptance in a lump sum;
.2
where unit prices are set out in the Contract Documents or subsequently agreed upon, in
accordance with such unit prices;
.3
by costs and a percentage fee for overhead and profit.
1.
General Contractor’s Overhead and Profit on expenditures from Allowances, including
Extra Work paid for from the Contingency Sum, shall be included in the Bid Contract
Price.
2.
For Changes in the Work not covered by Allowances the General Contractor’s Overhead
and Profit shall be 10% on work performed directly by the General Contractor, and 5% on
work performed by sub trades.
3.
The Subcontractor’s allowance for Overhead and Profit shall be 5% of the Actual Cost of
all Subcontractor’s Changes in the Work, as determined by this Paragraph.
4.
Where the Change involves the substitution of one type of product for another the “actual
cost” of the change, whether credit or extra, shall be the net difference in the “actual cost”
defined above.”
6.2.6
When a change in the Work is proposed or required, the Contractor shall present to the
Consultant for approval its claim for a change, if any, in the Contract Price and change, if any,
in Contract Time with full documentation and complete itemized cost breakdown in a form
acceptable to the Consultant and the Owner. The Contractor shall make available original
documentation and records for audit as may be requested by the Consultant or Owner. The
Consultant shall satisfy itself as to the correctness of such claim and, when approved by the
Owner, a Change Order shall be issued to the Contractor amending the Contract Price and
Contract Time as appropriate. The value of Work performed in the Change Order shall be
included for payment with the regular certificates for payment.
6.2.7
In the case of changes in the Work to be paid for under methods .2 and .3 of paragraph 6.2.5, the
form of presentation of costs and methods of measurement shall be agreed to by the Consultant,
Contractor and the Owner before proceeding with the change. The Contractor shall keep
accurate records, as agreed upon, of quantities or costs and present an account of the cost of the
change in the Work, together with vouchers and complete documentation where applicable. The
Contractor shall make available original documentation and records for audit as may be
requested by the Consultant or Owner.
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6.2.8
In the case of changes in the Work to be paid for under methods .1, .2 or .3 of paragraph 6.2.5
Contractor and Subcontractor overhead and profit shall be limited to and calculated as follows:
All compensation shall be calculated as paragraph 6.2.5.
Credits to the Owner’s account: For changes involving deletions only, Contractor’s and
Subcontractor’s overhead and profit shall not be deducted.
6.2.9
Costs for the purposes of subparagraph 6.2.4.3 shall be limited to those items described in
paragraph 6.3.7 of GC6.3-CHANGE DIRECTIVE.
6.2.10
If the method of valuation, measurement, change in Contract Price and change in Contract Time
cannot be promptly agreed upon and the change is required to be proceeded with, then the
Consultant in the first instance will determine the method of valuation, measurement, the change
in Contract Price and Contract Time subject to final determination in the manner set out in
PART 8 – DISPUTE RESOLUTION and the Contractor shall promptly proceed with the
change.
6.2.11
In the case of a dispute in the valuation of a change authorized in the Work and pending final
determination of such value, the Consultant will certify the value of work performed in
accordance with the Consultant’s valuation of the change and include the amount with the
regular certificates for payment. The Contractor shall keep accurate records of quantities and
cost of such work. The Contractor shall make available original documentation and records for
audit as requested by the Consultant or Owner.
6.2.12
It is intended in all matters referred to above that the Consultant, the Owner, and Contractor
shall act promptly.
6.2.13
If notice of any change affecting the scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any bond to be given to a surety, the giving of any such notice shall be the
Contractor’s responsibility. The Contractor shall provide written notice of any such change to
the surety and obtain the written consent or acknowledgement of the surety to such change if
required in order to ensure continued bonding of the Contract. The amount of each applicable
bond shall be adjusted to reflect the effect of any such change.
GC 6.3 CHANGE DIRECTIVE
45
At the end of the sentence, add the following:
6.3.4
46.
“The allowance for overhead and profit shall be limited to and calculated in accordance with the
provisions of paragraph 6.2.8 of GC6.2 CHANGE ORDER.”
Add:
6.3.7.1 “construction” before “personnel” and after “personnel”, add “excluding administrative, clerical
and supervisory personnel, and for only the portion of their time required for the work attributable
to the change”.
47
Delete
6.3.7.5 “and hand tools not owned by the workers”, and replace with “exclusive of hand tools”.
48.
Add:
6.3.7.9 after “subcontracts”, add “provided, however, that the costs included in such amounts shall be
limited to the actual cost of the items described in this paragraph 6.3.7 changing “Contractor” to
“Subcontractor” as necessary.
49.
Change:
6.3.7.10 “such as” to “of”.
50.
At the end of paragraph, add:
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6.3.7
“All other costs attributable to the change in the Work including the costs of all administrative or
supervisory personnel are included in overhead and profit calculated in accordance with the
provisions of paragraph 6.2.8 of GC6.2 CHANGE ORDER.
GC 6.4 CONCEALED OR UNKNOWN CONDITIONS
51.
Add the following new sections:
6.4.5
The Contractor acknowledges that it has inspected the Place of the Work for the physical
conditions described in GC 6.4.1 and has disclosed its findings to the Owner. The Contractor
agrees not to seek any increases in the Contractor’s cost or time to perform the Work in respect
of any conditions that were or ought to have been discovered upon reasonable inspection by the
Contractor prior to the date of the Contract.
6.4.6
If real or suspected environmental hazards are uncovered, the Contractor shall stop work in the
affected area and allow the Owner and Consultant 8 working days to determine the least cost
remediation method. No extra costs will be allowed to the Contractor for any delays in the work as a
result of having to stop work in the polluted area, although an extension to the contract time will be
allowed. No costs for supervision or Contractor’s overhead related to the discovery, work delay, or
removal of environmental hazards will be allowed.”
GC 6.5 DELAYS
52.
At the end of the paragraph, add the following:
6.5.4
53.
No claim for additional payment arising from a delay will be payable to the Contractor unless the
Contractor has prepared, or caused to be prepared, records of all Work and the costs of the Work,
on a daily basis as the Work proceeds, and submits such records in support of the claim.
Add the following new sections:
6.5.6
The Owner may, at any time, give written direction to the Contractor for the Contractor to accelerate
the Work, in which event the Contractor shall use reasonable best efforts to proceed with the Work
more quickly, which may include hiring additional labour and equipment and/or working additional
hours or shifts. If at the time of such direction by the Owner the Contractor is behind the approved
Construction Schedule due to a cause within the Contractor’s control, then the cost of such
acceleration shall be borne by the Contractor. If at such time the Contractor is not behind the
construction schedule, or is not behind due to a cause within the Contractor’s control, then the cost of
such acceleration shall be for the account of the Owner.”
6.5.7
If, for any reason, the Contractor deems it necessary to accelerate the Work, then the Contractor shall
provide written notice of its intention to accelerate at least 24 hours prior to doing so.
6.5.8
“In the event of a delay which results in a stoppage of the Work, the Contractor shall take all
reasonable steps to protect the Work for the entire period of the delay. The cost of such protection
shall be paid as follows:
(i) if under 6.5.1, or 6.5.2, the Owner will pay,
(ii) if under 6.5.3 the Contractor will pay.”
PART 7 DEFAULT NOTICE
GC 7.1 OWNER’S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO
CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT
54.
Delete from the second and third lines:
7.1.2
55.
Add after:
7.1.5.3
56.
“and if the Consultant has given a written statement to the Owner and Contractor that sufficient
cause exists to justify such action”
“certified by Consultant”, the phrase “including a reasonable allowance for the Owner’s Overhead.
Delete 7.2.3.1. in its entirety.
RFQ (Goods & Services) No. 1220-40-46-10
Page 17 of 33
GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION
57.
Delete all clauses in this section in their entirety and replace with the following:
8.2.1
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.
PART 9 PROTECTION OF PERSONS AND PROPERTY
G.C. 9.1 PROTECTION OF WORK AND PROPERTY
58.
Add the following new sections, as follows:
9.1.5
The Contractor is responsible for protection of the Work during shutdown, including shutdowns caused
by strikes.”
9.1.6
The Contractor shall abide by the Owner’s requirements as to the protection and security of the
Owner’s property and operation during the term of Contract. The Contractor shall notify all parties
involved in demolition or construction activity of the requirements and ensure enforcement.
The Contractor shall confine activities relating to the Work to the immediate areas, and within the
bounds established by the Owner, and as shown on the plans. No fire, explosions, or similar dangerous
activities are permitted on the Owner’s property without the Owner’s permission.”
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
59.
Delete 9.2.2 in its entirety.
60.
Delete 9.2.3 in its entirety.
61.
Delete 9.2.4 in its entirety
62.
In section 9.2.5.2, delete the words, “which were not brought to the Place of the Work by the Contractor or
anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were
disclosed but have not been dealt with as required under paragraph 9.2.4,”.
63.
In section 9.2.5.3, immediately after the words, “stopping the Work” in the first line, insert “if necessary”.
64.
Delete section 9.2.7 in its entirety and replace it with the following:
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Page 18 of 33
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.2.6 determines, that the toxic or
hazardous substances were not brought onto the Place of the Work by the Contractor or anyone for whom the
Contractor is responsible:
65.
.1
the Contractor shall within 10 Working Days prepare and deliver to the Owner, with a copy to the
Consultant, a plan for the safe removal from the Place of the Work and disposal of the toxic or
hazardous substances and the Owner shall, within 5 Working Days of receipt of such plan, approve the
plan or provide reasons to the Contractor why the Owner did not approve the plan;
.2
having received approval from the Owner, the Contractor shall promptly take all necessary steps, in
accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose
of the toxic or hazardous substances in accordance with the approved plan;
.3
the Contractor shall make good any damage to the Work, the Owner’s property or property adjacent to
the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND
PROPERTY;
.4
the Owner shall reimburse the Contractor for the costs of all steps taken by the Contractor pursuant to
paragraphs 9.2.5 and 9.2.7;
.5
the Owner shall extend the Contract Time for such reasonable time as the Consultant may recommend
in consultation with the Contractor and the expert referred to in paragraph 9.2.6 and reimburse the
Contractor for reasonable costs incurred as a result of the delay; and
.6
the Owner shall indemnify the Contractor as required by GC 12.1 – INDEMNIFICATION.”
Delete 9.2.8.1 through 9.2.8.4 in their entirety and replace them with the following:
“.1
within 10 Working Days prepare and deliver to the Owner, with a copy to the Consultant, a
plan for the safe removal from the Place of the Work and disposal of the toxic or hazardous
substances and the Owner shall, within 5 Working Days of receipt of such plan, approve the
plan or provide reasons to the Contractor why the Owner did not approve the plan;
.2
having received approval from the Owner, promptly take all necessary steps, in accordance
with applicable legislation in force at the Place of the Work, to safely remove and dispose of
the toxic or hazardous substances in accordance with the approved plan;
.3
make good any damage to the Work, the Owner’s property or property adjacent to the Place
of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND
PROPERTY;
.4
reimburse the Owner for reasonable costs incurred by the Owner with regard to the expert
under paragraph 9.2.6; and
.5
indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.”
GC 9.5 MOULD
66.
Delete 9.5.2 in its entirety and replace it with the following:
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines, that
the presence of mould at or within the Place of the Work was caused by the Contractor’s operations
under the Contract, or the operations of any Subcontractor or any person for whom the Contractor is
responsible, the Contractor shall, at the Contractor’s own expense:
67.
.1
take all reasonable and necessary steps to safely remediate or dispose of the mould;
.2
make good any damage to the Work, the Owner’s property or property adjacent to the Place
of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND
PROPERTY;
.3
reimburse the Owner for reasonable expenses costs incurred with regard to the expert under
paragraph 9.5.1.3; and
.4
indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.”
Delete GC 9.5.3 in its entirety and replace it with the following:
RFQ (Goods & Services) No. 1220-40-46-10
Page 19 of 33
“If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines, that
the presence of mould at or within the Place of the Work was not caused by the Contractor’s
operations under the Contract, or the operations of any Subcontractor or any person for whom the
Contractor is responsible:
.1
the Contractor shall take all reasonable and necessary steps to safely remediate or dispose of
the mould;
.2
the Contractor shall make good any damage to the Work, the Owner’s property or property
adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION
OF WORK AND PROPERTY;
.3
the Owner shall reimburse the Contractor for the costs of all steps taken pursuant to
paragraphs 9.5.3.1 and 9.5.3.2;
.4
the Owner shall extend the Contract Time for such reasonable time as the Consultant may
recommend in consultation with the Contractor and the expert referred to in paragraph
9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay;
.5
the Owner shall indemnify the Contractor as required by GC 12.1 – INDEMNIFICATION.”
PART 10 GOVERNING REGULATIONS
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
68.
Add the following at the end of section 10.2.1:
“This Contract shall be construed according to the laws of British Columbia. The Contractor will undertake all
Work in full compliance with all applicable laws, including without limitation all building codes, regulations
and bylaws.”
69.
Refer to GC 10.2.6:
Delete the words “knowing it to be” from the second line.
PART 11 – INSURANCE AND CONTRACT SECURITY
G.C. 11.1 INSURANCE
70.
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 Contractor shall provide, maintain and pay for Commercial General Liability Insurance
with a limit of Five Million Dollars ($5,000,000.00), inclusive per occurrence, 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, Contractor, 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 site. The insurance does not extend to any activities, Works,
jobs, or undertakings of the Insureds 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;
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Page 20 of 33
.02
.03
.04
.05
.06
.07
.08
.09
.10
.11
.12
.13
.14
.15
Products or Completed Operations Liability;
Blanket Contractual Liability;
Cross Liability;
Elevator and Hoist Liability;
Contingent Employer’s Liability;
Personal Injury Liability;
Shoring, Blasting, Excavating, Underpinning, Demolition, Piledriving and Caisson Work,
Work Below Ground Surface, Tunnelling and Grading, as applicable;
Liability with respect Non-Owned Licensed Vehicles; ($5,000,000.00)
Road Form Property Damage;
Road Form Completed Operations;
Limited Pollution Liability ($2,000,000.00);
Employees as Additional Insureds;
Broad Form Tenants Legal Liability ($10,000,000.00); and
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 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 Liability;
.07 Non-Owned Automobile Liability;
.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 Contractor 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 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 Contractor or 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.
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Page 21 of 33
4) The 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 Contractor shall provide, maintain and pay for, and require all 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 Contractor shall provide, maintain and pay for liability insurance with respect to owned or nonowned 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 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 Contractor shall, upon request, provide the Trade Contractor with proof of coverage and insurance for
those coverages and insurances required to be provided by the Contractor prior to commencement of the
Work.
11.1.4
The 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 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 Contractor shall provide the Owner with proof of insurance for those insurances required to be
provided by the 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 Contractor’s employees or for loss or damage to
the Contractors or to a 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-totime, or at the termination of the contract, be removed from the premises. The Contractor hereby waives all
rights of recourse against the Owner or any other contractor with regard to damage to the Contractor’s
property.
GC 11.2 CONTRACT SECURITY
Delete in their entirety clauses 11.2.1 and 11.2.2 and replace with:
11.2.1
The Contractor shall, no later than 10 business days after receipt of “Notice of Award”, provide to the
Owner a Performance Bond and a Labour and Material Payment Bond, each in the amount of 50% of the
Contract Price, or as otherwise agreed to in writing from the City”
11.2.2
All bonds shall be issued by a duly licensed surety company authorized to transact a business of surety
company in British Columbia and shall be maintained in good standing until the fulfilment of the Contract
including all warranty obligations pursuant to GC12.3 WARRANTY. Such bonds shall be in the form of the
latest editions of CCDC Document 221 (1979) Performance Bond and CCDC Document 222 (1979) – Labour
and Material Payment Bond. The oblige on the bonds shall be the Owner.
Add the following new section:
11.2.3
All bonds shall be held and be subject to enforcement by the Owner without prejudice to any other legal
remedy available to the Owner.
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PART 12 – INDEMNIFICATION–WAIVER-WARRANTY
GC 12.1 INDEMNIFICATION
Delete this section in its entirely and replace with the following:
12.1.1
The Contractor will indemnify and save harmless the Owner, its employees and agents, including the
Consultants, from and against any and all losses, claims, damages, action, causes of action cost 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 Contractor pursuant to this Contract, excepting always
liability arising out of the independent negligent acts of the Owner.
12.1.2
At the Owner’s option, the Contractor shall, at his own expense, promptly assume the defense of any claim,
suit or any other proceeding and promptly pay any and all costs that may be incurred by or against the Owner.
The Owner may, as a condition precedent to any payment hereunder, require the Contractor to submit waivers
or releases extinguishing all claims of any person, firm or corporation.
12.1.3
If any encumbrance be placed upon or obtained against the property comprising the site of the Work, or as a
result of any such suit or proceeding, the Contractor shall forthwith cause the same to be discharged. In the
event that the Contractor fails to remove the said encumbrance(s), the Owner may pay whatever monies are
necessary to fully discharge these encumbrances and all of its cost in that regard may be deducted from
monies otherwise payable to the Contractor.
GC 12.2 WAIVER OF CLAIMS
Delete this section in its entirety.
GC 12.3 WARRANTY
Delete section 12.3.1 in its entirely and replace with the following:
12.3.1
The warranty period with regard to the Contract is one year from the date of Substantial Performance of the
entire project or those extended periods specified in the Contract Documents for certain portions of the Work
or Products.”
Add:
12.3.3
Definition of defects or deficiencies shall include but not be limited to shrinkage, expansion and movement.
Make good all deficiencies outstanding within thirty (30) days from the end of the warranty period. It shall be
understood that in effecting the replacement, the Contractor shall also bear all costs involved in removing or
replacing adjacent affected materials that may be disturbed and which shall be required in the complete
restoration of the original finish.”
Add the following new section:
12.3.7
Acceptance of the Work by the Owner does not free the Contractor from correcting deficiencies which are
missed at the time of drawing up the list or hidden deficiencies which become apparent during the guarantee
period.”
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 Contractor will keep
strictly confidential any information supplied to, obtained by, or which comes to the knowledge of the
RFQ (Goods & Services) No. 1220-40-46-10
Page 23 of 33
Owner and the 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 termination of this agreement, except as reasonably required to provide the Goods or complete the
Services.
14.1.2
The Contractor acknowledges 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 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 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 (Goods & Services) No. 1220-40-46-10
Page 24 of 33
SCHEDULE A
SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES
1.
THE WORK
Supply and install a steel-framed, self-supporting storage mezzanine (57 sm) in the existing double-height Art Vault
at the Surrey Arts Centre, including related column support footings, access stair, HVAC system upgrades
(including new equipment on the roof and within the double-height corridor), additional fire sprinklers and lighting.
A separate price for new corridor access doors which are 305mm taller than existing at two locations is also
specified
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.
The detailed scope of specifications of goods and scope of services is as described on the Reference Drawings and
Specifications (Section 4 listed below), and Special Provisions (Schedule A-1).
The Contractor to comply with all BC Plumbing Code, BC Fire Marshal, BC Workers’ Compensation Board,
National Building Code of Canada, BC Boiler Inspector, BC Electrical Inspector, National Fire Protection
Association, and any other authorities having local jurisdiction. Failure to abide by these rules and regulations will
result in being immediately escorted from the Place of Work.
2.
PLACE OF WORK
The job site is located at 13750 – 88 Avenue, Surrey, BC.
3.
PROJECT TEAM
Owner:
City of Surrey
Project Manager: City of Surrey
Architect:
Chernoff Thompson Architects
Structural:
Wicke Herfst Maver
Mechanical:
Procon Engineering
Electrical:
Stantec Consulting
4.
REFERENCE DRAWINGS AND SPECIFICATIONS
ARCHITECTURAL - CHERNOFF THOMPSON ARCHITECTS
DRAWING No.
TITLE
DATE
A-01
Cover Sheet, Location & Roof Plan
05/21/2010
A-02
Floor Plans/Sections/Details
05/21/2010
A-03
Specifications
05/21/2010
A-04
Separate Price: Floor Plan/Sections/Specifications
05/21/2010
STRUCTURAL - WICKE HERFST MAVER STRUCTURAL ENGINEERS
DRAWING No.
TITLE
DATE
S101
General Notes
05/21/2010
S201
Plans
05/21/2010
S301
Details
05/21/2010
MECHANICAL - PROCON ENGINEERING
DRAWING No.
TITLE
RFQ (Goods & Services) No. 1220-40-46-10
DATE
Page 25 of 33
M-01
Mech. Legend, General Notes, Demolition Drawings
05/21/2010
M-02
New Mechanical Drawings
05/21/2010
M-03
Mechanical Specification
05/21/2010
ELECTRICAL – STANTEC CONSULTING
DRAWING No.
TITLE
DATE
E1
Electrical Key Plan, Legend, & Demolition Plan
05/21/2010
E2
New Electrical Plan & Detail
05/21/2010
E3
Electrical Specification
05/21/2010
5.
FTP SITE
To view and/or print drawings and specifications, click on the FTP link below, enter the logon and password when
prompted, locate folder 1220-40-46-09 and proceed.
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:
6.
pur
welcome
INFORMATION MEETING
An information meeting will be hosted by the City to discuss the City’s requirements under this RFQ (the
“Information Meeting”). The Information Meeting will take place as follows:
Place:
Date:
Time:
13750 – 88 Avenue, Surrey, BC.
May 26, 2010
1:00 p.m. local time
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.
7.
TERM
The Contractor to provide the Goods and Services set out in Schedule A and Schedule A-1 for the period
commencing in July 12, 2010 and terminating on September 1, 2010 (the "Term").
RFQ (Goods & Services) No. 1220-40-46-10
Page 26 of 33
SCHEDULE A-1
SPECIAL PROVISIONS
1. HOURS OF WORK
The Work is to be performed during normal working hours form 7:00 am to 10:00 pm Monday to Saturday. No
work to be performed outside of the normal working hours without prior approval from the City.
If the Contractor wishes to carry out the work outside the normal working hours, and the approval is given by the
City, no extra compensation, in any form (e.g. overtime, etc.) will be given.
2. 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 City.
Additionally, the Work required hereunder will be performed as promptly as possible, and in any event within the
time stated by the City, and such Work will be subject to approval and acceptance of the City, but such approval and
acceptance will not relieve the Contractor from the obligation to correct any incomplete, inaccurate or defective
work, all of which shall be promptly remedied by the Contractor on demand, without cost to the City.
The Contractor shall manage all facets of the Work as required by the City.
3. MANUALS
Installation and Operator’s manuals must accompany equipment delivered. Electrical, mechanical, and plumbing
booklets shall be provided to the City per the Specifications provided in Schedule A and Special Provisions in
Schedule A-1 of this RFQ.
All manual(s) must be furnished prior to payment and delivered to the City. Failure to deliver all manual(s) that are
ordered may result in non-payment until all manual(s) are received.
4. 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 works as a result of any negligent act or omission, or misconduct in the performance of the
works and its subcontractor’s 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, 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.
5. PERMITS AND FEES
With the exception to the building permit, the Contractor is to secure and pay for all permits, and governmental fees,
licenses and inspections necessary for proper execution and completion of the specifications of goods and scope of
services which is customarily secured after execution of an agreement and which are legally required. The
Contractor is to comply with and give notices required by laws applicable to the site.
6. 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 labourers from the worksite immediately.
Alcohol and drugs are not tolerated on this site at any time including anyone deemed to be under the influence shall
be escorted off site.
RFQ (Goods & Services) No. 1220-40-46-10
Page 27 of 33
7. PROTECTION OF THE WORK AND USE OF PREMISES
During the performance of the work, the Contractor is to at all times keep the worksite 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 City, 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 worksite, the Contractor shall defend, indemnify and hold harmless all
indemnified parties.
RFQ (Goods & Services) No. 1220-40-46-10
Page 28 of 33
SCHEDULE B
QUOTATION
RFQ Title:
GENERAL CONTRACTOR FOR SURREY ARTS CENTRE STORAGE MEZZANINE
RFQ No:
1220-40-46-10
CONTRACTOR
Legal Name:
Address:
Phone: _____________
Email:
1.
CITY OF SURREY
City’s Representative: Kam Grewal, BBA, CMA
Acting Purchasing & AP Manager
Address: 6645–148 Street, Surrey, BC V3S 3C7
Phone: 604-590-7274 Fax: 604-599-0956
Email for PDF Files: purchasing@surrey.ca
Fax:
The Contractor offers to supply to the City of Surrey the Goods and Services for the prices plus applicable
taxes as follows:
F.O.B.
Destination
Freight Prepaid
Item
Payment Terms:
A cash discount of ____% will be allowed if invoices are paid within ___
days, or the ___ day of the month following, or net 30 days, on a best
effort basis.
Item Name
Ship Via:
Total Amount
To provide all labour, materials, plant and equipment and all other services to complete the Works
as stated in the drawings, specifications, and special provisions per Schedule A and A-1 of RFQ
1220-40-46-10.
1.
Labour
2.
Materials
Note:
Overheads, General Conditions and Profit are to be included in the above amounts.
Provide a financial breakdown and pricing details in the list per Section 4 below.
CURRENCY: Canadian
2.
SUBTOTAL:
HST (12%):
TOTAL:
Optional list of Alternative Prices (if applicable)
The following is a list of Alternative Prices and forms part of this RFQ. The optional Alternative Prices are an addition
or a deduction to the total quotation price and do not include GST. Where only materials are mentioned, they will
include installation costs.
NO.
3.
DESCRIPTION OF WORK
ADDITION
DEDUCTION
1
$
$
2
$
$
List of Separate Prices
RFQ (Goods & Services) No. 1220-40-46-10
Page 29 of 33
The following is a list of Separate Prices and forms a part of this RFQ. The Separate Prices are an addition
to the total Quotation Price and do not include HST.
NO.
DESCRIPTION OF WORK
1
New corridor access doors
$
2
Performance bond at 50% of total contract price
$
3
Labour and Materials Payment bond at 50% of total contract price
$
4
Other (if any)
$
Material/Equipment mark-up for Extras, if necessary, as follows:
4.
Cost plus __________%
List of Breakdown of Fees (use the spaces provided and/or attach additional pages, if necessary).
SECTION OF WORK
PROJECT MANAGEMENT
SITE SUPERVISION
GENERAL CONDITIONS, OVERHEAD AND PROFIT
DEMOLITION
EXCAVATE / GRADE
LANDSCAPING
CONCRETE FORMWORK
CONCRETE SUPPLY
REINFORCING STEEL
MASONRY
STRUCTURAL STEEL & MISC. STEEL
MILLWORK
ROOFING / FLASHING
WATERPROOFING
METAL CLADDING
STUCCO
ALUMINIUM STOREFRONT
DOORS AND FRAMES
FINISH HARDWARE
GLASS & GLAZING
PAINTING
CERAMIC TILE
STEEL STUDS / DRYWALL/ CEILINGS
WASHROOM ACCESSORIES AND PARTITIONS
MECHANICAL – HVAC
MECHANICAL – FIRE PROTECTION
MECHANICAL – PLUMBING
ELECTRICAL
5.
PRICE
SUB-CONTRACTOR
AMOUNT (PLUS HST)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Contractor is to provide hourly labour rates, including overhead and profit for approved extras/credits (use
the spaces provided and/or attach additional pages, if necessary):
RFQ (Goods & Services) No. 1220-40-46-10
Page 30 of 33
#
1
Superintendent
2
Foreman
3
Carpenter
4
Labourer
5
Cement Finisher
6
Drywaller
7
Sheet Metal Installer
8
Sprinkler Pipefiller
9
Plumber
10
6.
LABOUR TYPE
Electrician
HOURLY RATES
$
$
$
$
$
$
$
$
$
$
If this Quotation is accepted by the City, a contract will be created as described in:
(a)
(b)
(c)
the Agreement;
the RFQ; and
other terms, if any, that are agreed to by the parties in writing.
7.
Capitalized terms used and not defined in this Quotation will have the meanings given to them in the
Agreement and RFQ. Except as specifically modified by this Quotation, all terms, conditions,
representations, warranties and covenants as set out in the Agreement and RFQ will remain in full force
and effect.
8.
In addition to the warranties provided in the Agreement, this Quotation includes the following warranties:
9.
Contractor's relevant experience and qualifications in delivering Goods and Services similar to those
required by the Agreement. Provide evidence of training and qualifications (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:
RFQ (Goods & Services) No. 1220-40-46-10
Page 31 of 33
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:
_______
SUB-CONTRACTORS
NAME
YEARS OF
WORKING
WITH
CONTRACTOR
TELEPHONE
NUMBER AND
EMAIL
I/We have reviewed the Agreement. If requested by the City, I/we would be prepared to enter into the
Agreement, amended by the following departures (list, if any):
Section
14.
_______
Contractor should provide the following information on the background and experience of all
sub-contractors 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
13.
_______
Requested Departure(s) / Alternative(s)
The City requires that the successful Contractor have the following in place before providing the Goods
and Services:
(a)
Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is
involved, personal operator protection (P.O.P.) will be provided,
Workers' Compensation Registration Number __________________________________;
RFQ (Goods & Services) No. 1220-40-46-10
Page 32 of 33
(b)
Prime Contractor qualified coordinator is Name: __________________ and Contact Number:
______________;
(c)
Insurance coverage for the amounts required in the Agreement 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 (go to Doing Business, then Insurance
Certificates) titled City of Surrey Certificate of Insurance Standard Form);
(d)
City of Surrey business license;
(e)
If the Contractor's Goods and Services are subject to GST, the Contractor's GST Number is
____________________________________; and
(f)
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
____________________________________.
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
Requested Departure(s) / Alternative(s)
15.
The Contractor acknowledges that the departures it has requested in Sections 13 and 14 of this Quotation
will not form part of the Agreement unless and until the City agrees to them in writing by initialing or
otherwise specifically consenting in writing to be bound by any of them.
16.
I/We the undersigned duly authorized representatives of the Contractor, having received and carefully
reviewed the RFQ and the Agreement, submit this Quotation in response to the RFQ.
This Quotation is executed 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 (Goods & Services) No. 1220-40-46-10
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