RFP-15026 SCADA System Integration 2016
REQUEST FOR PROPOSALS
FOR Electoral Area sewer system SCADA integration
RFP TITLE: SCADA System Integration 2016
RFP NUMBER: RFP-15026
DATE ISSUED: June 27, 2016
CLOSING TIME/DATE: August 2, 2016 at 3:00pm Local Time
SCADA Integration 2016
RFP TITLE: SCADA System Integration 2016
REQUEST FOR
PROPOSALS
RFP NUMBER: RFP-15026 DATE ISSUED: June 27, 2016
CLOSING TIME/DATE: August 2, 2016 at 3:00pm Local Time
TABLE OF CONTENTS
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SCADA Integration 2016
Schedule D REFERENCE MAPS ...............................................................................................................
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Schedule E DESIGN/BUILD AGREEMENT ..............................................................................................
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Part A - INTRODUCTION
A.1
RFP Overview
The Fraser Valley Regional District (" FVRD ") is seeking proposals from qualified proponents
(" Proponents ") in response to this request for proposals (" RFP ") for the provision of SCADA integration at the following locations:
• SL1 located on First Ave at Cultus Lake BC o
2 sewage pumps o
Genset
• SL2 located on Lakeshore Dr at Cultus Lake BC o
2 sewage pumps
• SL3 located within the works yard at Cultus Lake BC o
2 sewage pumps o
Genset
• SL4 located on Lakeshore Dr at Cultus Lake BC o
2 sewage pumps o
Genset
• North Bend sewage lift station located near Boston Bar BC o
2 sewage pumps o
Genset
• North Bend sewage lagoon located near Boston Bar BC o
Aeration o
Flow control valves
• Level monitoring station on Chilliwack River o
Monitoring/level notification o
To be integrated with existing Bell Acres SCADA system
• Sweltzer River Monitoring Station o
Monitoring/level notification o
No infrastructure currently in place
Part B - OBJECTIVES
B.1
Scope of Services
The FVRD anticipates the services will comprise the following:
Design, construct/install, develop, and connect the above referenced systems to the FVRD’s central SCADA system including system page publication. The successful proponent will be
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SCADA Integration 2016 required to supply all proposed components, complete all design, programming work, installation work, retrofitting work, testing operation and maintenance manual, FVRD staff training, and any other SCADA related work to ensure that respective systems are connected to the FVRD’s central SCADA system.
The Key Project objectives are to:
Design and construct/install the Project to all standards and applicable codes that will result in functional, operationally safe, efficient and high quality infrastructure;
Construct the works with minimal disruption to the surrounding neighborhoods, community, and to the operations of road and utility networks, including public transit;
Completion of the project by January 16, 2017
Proponents are encouraged to propose their best solution that meets or exceeds the requirements described in this RFP.
The typical work includes, but is not limited to the following:
• Alarm intrusion for pump station
• Pump state on/off
• Pump failure
• Wet well low level/high level
• Flow monitoring/alarm
• Aeration status
• Valve positioning status
• Power failure/genset status
Location
The locations of work are shown on the maps in Schedule D.
B.1.1 Project Specification and Requirements
The Proponent shall design and construct/install all work identified in Scope of Services in accordance with Project Specification.
All work to occur in the existing road right-of-way or FVRD right-of-way properties. Any disturbances to the area outside of the property areas are to be approved by FVRD Project
Manager and the adjacent property owner;
The FVRD may reject the use of any Proponent supplied materials if they do not meet the specifications and standards;
Proponent is fully responsible for all lost, stolen, damaged materials.
All excavations, such as utility poles and underground ducting installation, within public and private areas are to be protected by barriers to prevent traffic or pedestrians from accessing
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SCADA Integration 2016 the excavation during work. Outside of work hours all excavations are to be backfilled and compacted or covered with steel plates firmly anchored into the ground;
There are a number of underground utilities located within the project area that may be impacted, including, but not limited to BC Hydro, Terasen Gas, Telus, and TV Cable;
Extreme care must be exercised when excavating above or below existing sanitary and storm services. If any services are damaged, this must be reported immediately to the Engineering
Department and Project Manager. The FVRD will determine what repairs are to be completed by the Proponent. The cost for damage and repair will be the responsibility of the Proponent;
If any existing water services are broken during excavation and construction/installation, the
Proponent must immediately crimp the service and contact the Engineering Department and
Project Manager. The FVRD will determine what repairs are to be completed by the Proponent.
The cost for damage and repair will be the responsibility of the Proponent;
Disruption to adjacent properties and the public during construction/installation will be minimized. All work must be carried out to ensure that existing traffic flows are not adversely affected;
Construction/installation activities shall not commence before 7:00 am and shall not extend beyond 7:00 pm; no construction/installation activities will be allowed during weekends and statutory holidays unless otherwise approved by the FVRD. Notice of any work to be conducted outside these hours shall be provided to the FVRD in writing a minimum of 3 days before the occurrence.
See Schedule A for additional project specifications and requirements.
See Schedule D for reference maps.
B.2
Timeline
The proposed deadlines for key aspects of this RFP are as follows (as may be amended by the
FVRD at its discretion):
Anticipated Date
June 27, 2016
August 2, 2016
August 15, 2016
August 15, 2016
August 22, 2016
September 19, 2016
December 30, 2016
January 16, 2017
Action
Issue RFP to Proponents
RFP Closing Time @ 3:00 p.m.
Selection of Preferred Proponent
Proposal Acceptance
Sign RFP Agreement
Commencement of Construction/installation
Substantial Performance
Project Completion
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Part C - INSTRUCTIONS AND INFORMATION FOR PROPONENTS
C.1
Closing Date and Location
Proposals must be received by 3:00 PM local time on August 2, 2016 (" Closing ") at the following address:
Fraser Valley Regional District
Attention: Scott Salsbury, Manager of Operations
1 - 45950 Cheam Avenue
Chilliwack, BC
V2P 1N6
The time for Closing will be conclusively deemed to be the time shown on the clock used by the
FVRD for this purpose.
C.2
Form of Proposal Submissions
Proponents are requested to submit the following copy/ies of their proposal (" Proposal "):
(i) Four (4) printed copies
(ii) One (1) electronic copy
Proponents are requested to deliver proposals in a sealed envelope clearly marked with the RFP
Number, RFP Title and Proponent's name and address. Emailed or faxed Proposals will not be received or considered.
C.3
Mandatory Requirements
Proponents must include in their proposals the following information:
(i) Completed and signed Form of Proposal set out in Schedule B;
(ii) Proponent's Experience - list of completed or current work requiring services comparable to the services sought in this RFP, including a brief description of the work, approximate contract value and references (with phone numbers) for each job that the FVRD may contact as set out in Schedule C;
(iii) Electrical Consultant's Experience - name, brief description and previous experience of the electrical consultant that the Proponent proposes to use as set out in Schedule C;
(iv) Costs - detail costs for the Proponent’s provision of the Services in Canadian
Dollars, inclusive of all costs, expenses and charges, but exclusive of GST and
Provincial Sales Tax. Costs must be broken down by Service Area;
(v) Detailed Work Schedule including start date, major milestones, substantial completion and completion dates;
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(vi) A comprehensive work plan showing tasks, methodology, level of effort, schedule and value of each work plan component. The work plan should demonstrate an understanding of the RFP requirements, the methodology and processes proposed to complete the required technical elements and provide identified deliverables .
C.4
Information Meeting
A mandatory site meeting (" Information Meeting ") for Proponents will be held at the following time and location:
Date: July 6, 2016
Time: 8:30 am
Location: Main Beach Parking Lot at Cultus Lake
The Information Meeting will include information regarding an overview of the project and RFP requirements and an overview of the background documents.
Proponents are not required to pre-register but are requested to contact the Contact Person by the end of business day 24 hours before the scheduled date for the Information Meeting to provide details on the number and names of individuals attending.
A written summary of the responses to questions raised during the Information Meeting will be distributed to all Proponents at the discretion of the FVRD through BC Bid.
C.5
Enquiries
All enquiries and notices related to this RFP, including any requests for information and clarification, are to be directed in writing to the contact person (" Contact Person ") indicated below.
Contact Person:
Address:
Email:
Scott Salsbury, Manager of Operations
1 - 45950 Cheam Avenue
Chilliwack, BC V2P 1N6 ssalsbury@fvrd.ca
Enquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the FVRD. Clarifications, comments, revisions or any other information regarding this RFP obtained by a Proponent from any source other than from the Contact Person is not authorized and should not be relied upon.
Part D - TERMS AND CONDITIONS OF RFP
D.1
General
The terms and conditions in this Part D will apply to this RFP. Submission of a Proposal in
response to this RFP indicates acceptance of all the terms and conditions contained herein and included in any addenda issued by the FVRD for this RFP. Proposals that contain provisos which
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SCADA Integration 2016 contradict or alter any of the terms and conditions of this RFP will be disregarded and deemed to have not been written in the Proposal.
D.2
Proposal Validity
Proposals will be open for acceptance by the FVRD for at least 90 days after the date of Closing.
D.3
Addendum
All subsequent information regarding this RFP including changes made to this document will be posted on BC Bid for Proponents to access. It is solely the responsibility of the Proponents to check BC Bid from time to time to ensure that they have all amendments to this RFP in the form of addenda and to ensure that they have obtained, read, and understood the entire RFP including all addenda that may have been issued prior to Closing.
D.4
Evaluation and Selection Method
The evaluation of the RFP will be conducted by a committee formed by the FVRD and may include, at the FVRD's sole discretion, employees, consultants and contractors. Proposals will be evaluated on the basis of the overall best value to the FVRD based on quality, service, past performance, price and any other criteria set out herein including, but not limited to:
(i) The degree of understanding, commitment, experience, qualification and resources for both the personnel and the company. The evaluation emphasis is on the Project Manager and resources undertaking the study;
(ii) A comprehensive work plan showing tasks, methodology, level of effort, schedule and value of each work plan component. The work plan will demonstrate an understanding of the RFP requirements, the methodology and processes proposed to complete the required technical elements and provide identified deliverables;
(iii) Total Price exclusive of tax;
(iv) Schedule achieves the task plan in a timely fashion with the submission of all deliverables within the specified timelines;
(v) References.
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EVALUATION
Total Price excluding taxes
Personnel & Resources
The degree of understanding, commitment, experience, qualification and resources for both the personnel and the company. The evaluation emphasis is on the Project
Manager and resources undertaking the study and history of past performance and dealings with the FVRD.
POINTS
AVAILABLE
35 points
POINTS
AWARDED
Proposed Work Plan
A comprehensive work plan showing tasks, methodology, level of effort, schedule and value of each work plan component. The work plan will demonstrate an understanding of the RFP requirements, the methodology and processes proposed to complete the required technical elements and will provide identified deliverables.
Cost Control
Identify cost control by providing a total budget, including schedule and basis for billing of professional services and disbursements. Provide total price. Evaluation emphasis is on the value of service for the total price. This is not a prorating formula.
Overall Suitability
Price
Schedule
Schedule achieves the task plan in a timely fashion with the submission of all deliverables within the specified timelines.
Total Score
D.5
Acceptance and Rejection of Proposals
25 points
5 points
10 Points
20 points
5 points
100 points
This RFP shall not be construed as an agreement to purchase goods or services. The FVRD is not obligated to enter into an Agreement (defined herein) with the Proponent who submits the lowest priced Proposal or with any Proponent.
D.6
Late Proposals
Proposals will be marked with their receipt time at the Closing Location. Only complete
Proposals received and marked by the Closing time will be considered to have been received on time. Late proposals will not be considered or evaluated and may be returned to the
Proponent.
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D.7
Amendment or Withdrawal of Proposals
Proponents may amend or withdraw their Proposal in writing any time prior to Closing. Upon
Closing, all Proposals become irrevocable in accordance with section D.2. The FVRD will be
under no obligation to receive further information after Closing, whether written or verbal, from any Proponent.
D.8
FVRD's Rights and Reservations
The FVRD reserves the right to:
(i) reject any or all Proposals;
(ii) reject any Proposal that is incomplete, that contains erasures or corrections that is not signed by an authorized signatory of the Proponent or that fails to comply with the mandatory requirements of this RFP;
(iii) in the event that only one proposal is submitted, to return the Proposal unopened;
(iv) modify the terms of this RFP at any time in the FVRD's sole discretion;
(v) to require clarification of the information set out by one or more of the
Proponents in respect of the Proposals submitted; and
(vi) communicate with, meet with or negotiate with any one or more of the
Proponents respecting their Proposals or any aspect of the proposed work.
D.9
Cancellation of RFP
The FVRD may cancel this RFP at any time prior to or after Closing. In the event the FVRD cancels this RFP, the FVRD shall have the right to seek to procure the same services or similar services at any time through any means the FVRD deems appropriate. No Proponent shall acquire any rights or interests in any subsequent procurement process undertaken by the
FVRD.
D.10
Waiver of Non-Compliance
The FVRD may waive any non-compliance with the RFP and may elect to retain for consideration Proposals which are non-conforming, which do not contain the content or form requested by this RFP or which have not strictly complied with the process for submission set out herein.
D.11
Proponent's Costs
Each Proponent is solely responsible for its own costs and expenses associated with its participation in this RFP, including but not limited to, conducting investigations, attending briefings, preparing and delivering its Proposal, communicating with the Contact Person prior to
Closing and during Proposal evaluation, and for any subsequent processes or negotiations with the FVRD that may occur.
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D.12
Limitation of Liability
By submitting a proposal, each Proponent irrevocably agrees that the FVRD shall not be liable to any Proponent or any person whatsoever, for any claims of any nature (in contract, in tort, or otherwise), for any costs, expenses, compensation, damages, or anything whatsoever, including without limitation, costs and expenses associated with the Proponent's preparation and submission of their Proposal, their participation in this RFP, for loss of revenue, opportunity or anticipated profit, arising in connection with its Proposal, this RFP, any subsequent processes or opportunity, any contract, or any matter whatsoever.
D.13
Negotiation
The FVRD reserves the right to negotiate with the preferred Proponent, or any Proponent, on any details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the FVRD in its sole discretion.
D.14
Errors and Omissions
While the FVRD has used considerable efforts to ensure information in this RFP and otherwise provided directly in association with this RFP is accurate, the information is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the FVRD, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Proponents from the responsibility for conducting their own investigation and forming their own opinions with respect to the subject matter of this RFP.
D.15
Conflict of Interest
Proponents shall disclose any potential conflict of interest and existing business relationship they may have with the FVRD, its elected or appointed officials or employees.
D.16
Confidentiality
All Proposals become the property of the FVRD and will not be returned to the Proponents, except as expressly provided for herein. All Proposals will be held in confidence by the FVRD unless disclosure is otherwise required by law.
D.17
No Lobbying
Proponents and their agents are not permitted to contact any member of the FVRD Council or staff with respect to this RFP, except as expressly provided for herein. Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee or elected official of the FVRD. The FVRD reserves the right to disqualify any
Proponent from participation in this RFP that acts in contravention of this requirement.
D.18
Contract Award
This RFP should not be construed as an agreement to purchase goods or services. By submitting a Proposal, the Proponent agrees that should it be identified as the preferred
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Proponent, it will enter into negotiations, if required, for the purpose of concluding a Contract.
Further, the Design/Build Agreement (Schedule E), when executed, is the sole source of any contractual obligation on the FVRD with respect to the Project.
If a written Contract cannot be negotiated and executed by both parties within 90 days of notification of the successful Proponent, or such longer period as the parties may mutually agree, the FVRD may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent, enter into negotiations with any other Proponent or terminate the RFP process and not enter into a Contract with any of the Proponents.
At its sole discretion, the FVRD may divide any Contract for goods or services between two or more proponents.
D.19
Form of Contract
The Design/Build Agreement, attached as Schedule E, shall be used as the primary form of contract for this project. Upon conclusion of negotiations, the FVRD will provide the Preferred
Proponent with three (3) copies of the Agreement required for execution by the Preferred
Proponent.
Within ten (10) days of the Preferred Proponent’s receipt of these documents, the Preferred
Proponent will return them to the FVRD Representative, fully executed, together with the
Securities and Insurance as defined in the Design/Build Agreement.
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Schedule A
GENERAL CONDITIONS AND SPECIFICATIONS
INTRODUCTION
This process control description was prepared with reference to the design of instrumentation and control for the following stations:
• SL1 located on First Avenue at Cultus Lake, BC
• SL2 located on Lakeshore Drive at Cultus Lake, BC
• SL3 located within the works yard at Cultus Lake, BC
• SL4 located on Lakeshore Drive at Cultus Lake, BC
• North Bend sewage lift station located near Boston Bar, BC
• North Bend sewage lagoon located near Boston Bar, BC
The sewage pump stations including all appurtenances and controls, are referred to as “the system” in this document. This system process control description provides a functional overview of the operation, indicates controlled set points, lists equipment statuses and alarms, and provides a description which bridges the gap between the design intent, program logic, and operations/maintenance staff.
The sewage is collected at the existing sites, where it is then pumped to the existing sanitary force mains. The sewage pump stations include a wet well with two pumps controlled by across the line starters or variable frequency drives (VFDs), and a kiosk or control building with all associated controls and electrical equipment.
The control system provides automatic control of the system and all alarms in the event of process equipment failure or abnormalities.
Additional SCADA integration items:
• Chilliwack River level monitoring station o
The FVRD is responsible for the Operation and Maintenance of the Wilson Dyke in the Chilliwack River Valley. The Wilson Dyke has 2 drainage pipes complete with flood gates that pass through the dyke to drain storm water runoff from the dry side of the dyke to the Chilliwack River. During high flow events on the
Chilliwack River these gates are closed and an emergency pump is employed to pump storm water runoff from the dry side of the dyke. Currently there is no reliable mechanism in place to notify FVRD staff of high river levels.
The FVRD is looking to install a monitoring station that will provide real time data of river levels, notification when river levels rise above predetermined thresholds and provide a historical data base of river levels. The monitoring system is to be solar powered and compatible with existing SCADA and radio communications systems of the Bell Acres Water System located approx. 3.3 kilometers east of the site. The monitoring site is to be secure from theft and vandalism and have adequate access for maintenance concerns.
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• Sweltzer River monitoring station o
Sweltzer River originates at the outlet of Cultus Lake and flows eastwardly to the
Vedder River approximately 3 km east of Cultus Lake. The Cultus Lake water levels are controlled by a small dam located on Sweltzer River. The purpose of the dam is to allow for lake water levels to be raised for recreational uses such as swimming and boating activities.
The FVRD is looking to install a monitoring station that will provide real time data on river levels, notification when river levels rise above or below a predetermined thresholds and provide for a historical data base of river levels.
The monitoring system is to be solar powered and compatible with proposed
SCADA and radio communications systems of the Cultus Lake Sewer System. The monitoring site is to be secure from theft and vandalism and have adequate access for maintenance concerns.
FVRD Sewer Systems
SEWAGE LIFT STATIONS
The sewage is collected at the existing sites, where it is then pumped to the existing sanitary force mains. The sewage pump stations include a wet well with two pumps controlled by across the line starters or variable frequency drives (VFDs), and a kiosk or control building with all associated controls and electrical equipment.
The control system provides automatic control of the system and all alarms in the event of process equipment failure or abnormalities.
CONTROL OVERVIEW
Control Panel
The new pump station control panel shall be located in a control building or kiosk adjacent to the pump station. The new control panels shall include a HMI screen, PLC controller and SCADA radio/internet connection.
The new control panel PLC controls the operation of the system. The PLC receives input signals from the system equipment and instrumentation, processes the signals through the control logic programmed into the PLC, and then sends output signals to the equipment (e.g., pumps) for operation, as required by the system process flow.
The PLC controls and monitors the system sequence of operations and collects the operational data (e.g., flow rates, wet well level, alarms, etc.). The HMI displays real-time system operation configurations and data through the HMI screens. The PLC passes real time system operation data to the FVRD-supplied SCADA system via Ethernet connection to the SCADA radio/internet.
The operator can monitor system operation including alarms, manually start/stop pumps, and adjust operational set points from the control panel HMI.
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Modes of Operation
The operation of the System can be controlled automatically or manually and monitored from the HMI located on the control panel. The system is designed for automatic start and stop, which is controlled through the PLC and adjusted through the HMI. (Not applicable to the reservoir).
Manual Mode
Operators can manually start or stop the pumps on site via the selector switch located below the HMI.
Automatic Mode
The wet well pumps can be started, stopped automatically by selecting AUTO on the 3 position switch below the HMI. (Not applicable to the reservoir).
Wet Well
The pump station transfers residential sewage collected from the area to the existing sanitary force main. The wet well consists of a existing manhole complete with two submersible pumps or trash pumps (P-1 and P-2), pump discharge piping, guide rails, pump access hatch, pressure transmitter, and a float switch.
The high float switch is inputted into the PLC to give a system high level alarm.
Control Description
The SCADA cabinet controls have a 3-way selector switch that allows for local-off-auto operation (not applicable to the reservoir). In auto mode, the start and stop for the pumps are sent from the PLC control panel located in the control building or kiosk. The pump station start and stop are based on a wet well level set point and the actual wet well level, as measured by the pressure transducer. In local mode, the pumps can be started or stopped. There is a backup control circuit that is activated by a high level float switch in the wet well. If the level in the wet well activates the high level switch, the pumps are cycled on and off, operating in lead-lag mode.
Control Instrumentation
The wet well shall be equipped with a pressure transmitter to continuously monitor the liquid level. The PLC receives the level input from the level transmitter and activates high and low alarms if the level in the wet well is above or falls below the respective high and low set points.
The level in wet well, HI/LO Level alarms and level set point are displayed at the PLC HMI screen. The HI/LO Level alarms and level set point values are operator-adjustable from the PLC
HMI.
Control Sequence
The base of the pump stations wet well is used as the 0 meter/foot reference level for pressure transmitter
The pumps operate on “Lead” “lag” “alt” logic, as follows:
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• The lead pump turns on when the water level in the wet well reaches the operator set point (HMI) as read by the level pressure transmitter.
• When the lead pump turns off, the lead/lag pump assignments are switched by the PLC and the control sequence is repeated (pumps alternate every cycle)
• If the lead pump is running and the water level in the wet well does not decrease after a pre-determined time the second pump will start as “lag” pump to assist the lead.
• Motor current sensors will help to determine pump issues like over loads, plugged pumps and over all condition of the pumps during their life cycle.
• The HMI displays a high level alarm when the level pressure transmitter indicates that the water level in the lift station is above the operator set point (HMI).
• The HMI displays a low level alarm when the level pressure transmitter indicates that the water level in the lift station is below the operator set point (HMI)
Control Building/Kiosk
The control building or kiosk is an existing structure complete with heating and ventilation. The
MCC, PLC and instrument controllers are located within the building. The backup generator set and associated equipment are not controlled by the PLC only monitored. The building or kiosk may have two access doors, which are both to be equipped with intrusion switches. The intrusion switches provide an alarm which is displayed on the PLC HMI when either of the building or kiosk doors are open.
Alarms and Status
General Status
• Pump 1 Running - Pump 1 Amps
• Pump 2 Running - Pump 2 Amps
• Utility Power on - Flow rate
General Alarms
• Pump 1 NOT in Auto
• Pump 2 NOT in Auto
• Pump 1 Fail (contactor fail / VFD fault / Motor High temp / Motor overload / Seal leak)
• Pump 2 Fail (contactor fail / VFD fault / Motor High temp / Motor overload / Seal leak)
• Wet Well high high level alarm (high level float)
• Wet Well high level alarm
• Wet Well low level alarm
• Intrusion alarm
• Genset running
• UPS fail
• Genset alarm
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Identification Labels and Tags
A.
Manufacturer's nameplates and labels to be visible and legible after equipment is installed.
B.
Identify all electrical, and control equipment with nameplates, labels and tags. Wording on nameplates and labels to be approved by FVRD prior to manufacture. Allow for relabeling of existing electrical equipment.
C.
Provide and install identification tags and labels on all instruments. In general instrument labeling shall consist of stainless steel tag mounted on the sensor with chain and Lamicoid label attached to the transmitter. Provide tags for all listed instruments, even if the instrument is indication type without electrical or control signals.
D.
Mechanically attach labels. Tape or adhesive fixings are acceptable only if mechanical attachments are not suitable as defined by FVRD.
E.
Nameplates: Engraved 3-layer laminated plastic, black letters on white background.
F.
All control and power wiring must be labeled, label shall indicate: i.
For power: Panel & circuit number ii.
For control: PLC I/O address
G.
Wire labels shall be heat shrink type with machine print. Written labels are not acceptable. Printed, heat-shrink polyolefin white sleeves, black lettering and width as required.
H.
Manufacturer's warning and danger signs shall be visible and legible after equipment is installed.
I.
Install warning signs as specified and to meet requirements of B.C. Safety Authority
J.
All products to be new, no used materials are permitted
Grounding
A.
Shall be installed to meet the requirements of the CEC and the B.C. Safety Authority.
Wire and Cable
A.
Single conductor stranded soft copper, size as indicated.
B.
Wire Assembly: Chemically cross-linked thermosetting polyethylene (XLPE) insulation
600v rating.
C.
Types RW 90 for all field wiring and T90 for control / PLC cabinet, all wire to be 600v rated.
D.
Insulation Temperature Rating: 90°C.
E.
Color Coding: In accordance with B.C. Electrical Code.
F.
All products to be new, no used materials are permitted
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Teck 90 Power Cable
A.
Class B stranded soft copper signal conductor, number and size as indicated, minimum
No. 14 AWG with un-insulated Class B stranded soft copper grounding wire.
B.
Cable Assembly: XLPE (cross-link polyethylene) insulation, Type RW90, 600VAC voltage rating, fillers and binder tape as required, polyvinyl chloride (PVC) material inner jacket, interlocking aluminum armour, thermoplastic PVC heat, flame, and moisture resistant outer jacket. UV resistant for outdoor locations.
C.
Temperature Ratings: i.
Temperature: Minus 0 degrees C to 90 degrees C. ii.
Flammability Ratings: FT4. Marked Hazardous Locations (HL)
D.
Color Coding: In accordance with B.C. Electrical Code.
E.
Teck Connectors: Copper free aluminum cast with locknut. Provide rubber seals for top entry into enclosures. Suitable for hazardous area classification where required.
Watertight connectors for outdoor and wet locations. T&B ST and STX Teck connectors to be used no substitutes.
F.
All products to be new, no used materials are permitted.
Armoured Instrumentation/Control Cables
A.
Class B tinned stranded copper, individually and overall shielded twisted pairs (analog signals), or triad (RTD signals) minimum No. 18 AWG, No. 20 AWG tinned stranded copper drain wire.
B.
Cable Assembly: PVC insulation, 300 VAC voltage rating, 100 percent aluminumpolyester shield, individual and overall, fillers and binder tape as required, PVC inner jacket. Aluminum interlocked armour, PVC heat, flame, and moisture resistant outer jacket. UV resistant for outdoor locations.
C.
Ratings: Minus 40°C to 105°C & FT4. Marked Hazardous Locations (HL)
D.
Sensor wiring install in accordance with manufacturer's specifications.
E.
All products to be new, no used materials are permitted.
Analog Signal Wiring
A.
The following wire termination methods shall be used: i.
4 terminal blocks (to accommodate 2-wire and 4-wire transmitters) per analog signal to terminate field wiring ii.
Use knife type terminal block disconnects for system troubleshooting on negative return signal. iii.
Use fused terminal block for loop power (Positive signal).
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Use grounding terminal block for each loops single shield drain wiring connection at panel.
B.
Maintain shield isolation through raceways by the use of insulating sleeves or dedicated terminal block assignments. Terminate shield drain wiring only at control panels.
Insulate shield and do not terminate at field devices.
C.
Terminate analog signals to uniquely numbered terminal blocks within control panels.
Separate analog signals from any other 24 VDC and 120 VAC wiring. Use separate DIN rails or group together, and use terminal barriers with minimum of 25 mm gap from other wiring. Field device wiring shall not be directly connected to PLC I/O modules.
D.
All products to be new, no used materials are permitted
Discrete (Digital) Signal Wiring
A.
Use fused terminal block to supply power to groups of signals. Use standard terminal block for other wiring connections.
B.
Use shielded pairs for discrete signals in noisy (signal interference) environments. Use interposing relays with "dry contact" to isolate outputs from solid state devices, and for connections between controllers.
C.
Terminate discrete signals to uniquely numbered terminal blocks within control panels.
Separate 24 VDC and 120 VAC wiring. Group wiring by function (I/O points, field control power, etc.) and use terminal block barriers. Provide minimum of 25 mm gap between
24 VDC and 120 VAC wiring. Field device wiring shall not be directly connected to PLC
I/O modules.
D.
All products to be new, no used materials are permitted
Control Cabinet Enclosures
Steel wall-mount type 4/12 enclosures
A.
Enclosures for use in indoor dry locations - EEMAC Type 4 / 12.
B.
Construction: Single or double door, No. 16 or 14 gauge steel, seams continuously welded, smooth finish, no holes or knockouts, body flange, door and body stiffeners, hidden hinges, door gasket, quarter turn or three-point latch system with padlock handle, grounding stud on the door, white inside panel, mounting kit, gray polyester powder finish surface. Panels with door clamps are not considered equal.
C.
Manufacturers: Hoffman, Hammond, or approved equal.
D.
All products to be new, no used materials are permitted
.
Hazardous Location Wall-Mount Enclosures
A.
Enclosures for use in hazardous locations, EEMAC Type 7 or Type 9, rated for area classification and environmental conditions.
19
SCADA Integration 2016
B.
Construction: Cast aluminum body and hinged cover, neoprene gasket, stainless steel cover bolts, washer and retractile springs, electro-galvanized steel interior parts.
C.
Manufacturers: Crouse-Hinds, Killark, Appleton, or approved equal.
D.
All products to be new, no used materials are permitted
Pressure Transmitter
A.
General: Depth and level type pressure transmitter.
B.
Temperature Range: Minus 20 to 80°C (operating), minus 2 to 30°C (compensated, plus or minus 1.5 percent TEB).
C.
Housing: Type 316L stainless steel
D.
Accuracy: 0.25 percent of full scale (combined non-linearity, hysteresis and repeatability)
E.
Full Scale Range: 0-69 kPa (0-10 psig) with 10X overpressure rating.
F.
Area Classification: Class 1, Zone 1, Group IIA. Transmitter shall be provided with FM
Intrinsically Safe Certification.
G.
Cable: Polyurethane molded vented with Kevlar, 4 conductors, length as required, nominally 15 m (50 feet).
H.
Electrical: 2-wire, 4-20 mA, 10-35 VDC.
I.
Standard of Acceptance: VersaLine VL4000 series as manufactured by PMC.
J.
Installation to include: IS 4-20ma barrier, Dry Box and surge/lightning arrestor.
K.
All products to be new, no used materials are permitted
Float Level Switches
A.
General: Mechanical float switch type level control.
B.
Operating Temperature: 0°C to 60°C.
C.
Housing: IP68 to 20 m.
D.
Electrical: 30 VDC, 5 A.
E.
Materials: Polypropylene body, EPDM rubber bending relief, PVC cable sheathing.
F.
Cable Length: As required.
G.
CSA approved for Class 1, Zone 1, Group IIA installation with IS barrier .
H.
Standard of Acceptance: Flygt, Model ENM-10.
I.
Float cable to be free of any splices or connections for its entire length other than the termination within the control cabinet, Contractor shall be responsible to determine length needed for each site.
J.
All products to be new, no used materials are permitted.
20
SCADA Integration 2016
SCADA Control Cabinet
A.
Panel layout design shall be submitted to the FVRD prior to construction of the control panel for approval: i.
Panel layout design shall include an itemized list of material, manufacture and model. ii.
Detailed CAD wiring drawings to show SCADA control and the as-built of the existing Kiosk.
B.
Panel shall be constructed by contractor / fabricator who has a proven record of building control panels with a minimum of 5 years’ experience in the panel building industry.
C.
All products to be new, no used materials are permitted.
D.
FVRD shall inspect the control panel prior to installation and will review workman ship, the FVRD reserves the right to reject any questionable workman ship. The contractor will be responsible to correct the deficiency.
E.
SCADA panels to be tested and verified prior to installation with a FVRD representative to witness the panel operation, panel shall operate correctly with no faults. Contractor to display the control systems ability to: i.
Communicate with the FVRD SCADA system. ii.
Display and control levels with the use of a 4-20ma generator (In place of the level pressure sensor). iii.
The outputs to loads to operate correctly based on program variables iv.
All alarm generations to be verified.
F.
All wiring within the cabinet to be enclosed in wire duct/finger duct, installed in a neat clean manor parallel with cabinet structure.
SCADA CONTROL CABINET MATERIALS
A.
All PLC material shall be as specified, no changes to the item material list are allowed unless written approval from FVRD is obtained. Provide item quantities as needed for each site.
1.
Omron ORM CJ1M-CPU11-ETN 5K-2PORT-CPU (PLC CPU)
2.
Omron ORM CJ1W-PA202 POWER-SUPPLY-UNIT (PLC Power supply)
3.
Omron ORM CJ1W-AD041-V1 ANALOG-INPUT-UN (PLC Input card Analog/
Qty as required)
4.
Omron ORM CJ1W-DA041 ANALOG-OPT-UNIT (PLC Output card
Analog/Qty as required)
5.
Omron ORM CJ1W-IA111 CJ1-INPUT-UNIT (PLC Input card 120VAC/Qty as required)
21
SCADA Integration 2016
6.
Omron ORM CJ1W-OC201 8PT-OUT-TERM-BLOK (PLC Output card
120VAC/Qty as required)
7.
Omron ORM S8VS-12024A 24VDC-5A-PWR-SPLY (Cabinet power supply)
8.
Omron ORM W4S1-05B (Ethernet switch)
9.
Omron NS5-SQ01B-V2 (Touch screen)
10.
CHL EAC1420SC 10A-20MA-CRNT-SEN (CT – mA converter/Qty as required)
11.
PHC 3030514 D-ST 2,5 QUATTRO (Wire Terminals/Qty as required)
12.
PHC 0800886 E/NS35N END BRACKET (End bracket/Qty as required)
13.
PHC 3031322 ST 2,5 QUATTRO-PE (Ground terminal/Qty as required)
14.
SQD ZB4BD3 3POS SEL/SW OPERATOR (Selector switch/Qty as required)
15.
SQD ZB4BZ103 CONTACT BLOCK BODY 2-NO (Contacts for selector switch/Qty as required)
16.
SQD ZB4BVB3 PILOT LIGHT BODY (Pilot light/Qty as required )
17.
SQD ZB4BV033 PILOT LIGHT HEAD – GREEN (Pilot light/Qty as required)
18.
SQD ZB4BVB4 RED 24V LED BODY (pilot light/Qty as required)
19.
SQD ZB4BV043 PILOT LIGHT HEAD – RED (pilot light/Qty as required)
20.
SQD RM17TG20 PHASE LOSS/SEQUENCE 208-440VAC (Phase loss/Qty as required)
21.
SQD XCKD2145N12 LIMIT SWITCH 240VAC 10A METAL ( limit switch / Qty as required)
22
SCADA Integration 2016
SCADA SYSTEM INTERGRATION AND COMMISSIONING
A.
Contractor to identify and integrate activities of all parties in start-up of works. Develop and review a SCADA integration plan and submit plan for review and approval by the
FVRD.
B.
The contractor shall provide qualified "hands-on" technical personnel to perform services herein specified including start up, commissioning and troubleshooting of SCADA system
C.
Contractor shall conduct wet run tests in stages based on SCADA integration plan. Correct any deficiencies uncovered during testing
D.
SCADA commissioning is to be generally conducted in manual mode first. After successful commissioning of equipment in manual mode, the automatic commissioning will begin.
SCADA control including the annunciation of all alarms and remote control of the site shall be proven. The contractor shall demonstrate the systems performance to the satisfaction of the FVRDs representative.
E.
During the commissioning all products and systems to operate without fault, and all control systems to function in accordance with specified rates, methods and performance.
F.
Failure of any part of the Works during commissioning will require restart of that portion or system of the works, following corrections, adjustment in equipment operation, or rectification of the fault or failure.
G.
After the successful manual and auto SCADA system has demonstrated it is then at the discretion of the FVRDs representative to except control of the functioning station. If the
FVRDs representative deems the station not acceptable due to issues with the operation or installation then the contractor must except the responsibility of operation of the station until issues / deficiencies have been resolved and accepted by the FVRD. If the
FVRD deems the contractor not capable to operate the station then the FVRD shall take control of the station and charge the contractor for the service.
23
SCADA Integration 2016
Schedule B
FORM OF PROPOSAL
Name: ____________________________________________________________________
Address: __________________________________________________________________
Name and title of Representative: _______________________________________________
Telephone: ________________________ Email: _________________________________
Form of Business Organization
Sole Proprietorship
Partnership Date of Establishment ________________
Corporation Date of Incorporation _________________ Business No. ____________
We hereby offer to perform the Services required by this RFP for the stipulated price of:
Cultus Lake Sewer
North Bend Sewer
Additional SCADA Integration Items:
Chilliwack River Level Monitoring Station
Sweltzer River Monitoring Station
$___________
$___________
$___________
$___________
Sub-Total Proposed Price for Goods/Services
Plus G.S.T.
TOTAL
$___________
$___________
$___________
I/We the undersigned authorized representatives of the Proponent, having received and carefully reviewed the RFP, including without limitation, the General Conditions and
Specifications (if any), submit this Proposal in response the RFP.
Dated this ___ day of ____________, 201__.
______________________________
Signature of Authorized Signatory
______________________________
Signature of Authorized Signatory
______________________________
Name & Tile/Position:
______________________________
Name & Title/Position:
24
SCADA Integration 2016
Schedule C
PROPONENT'S EXPERIENCE
Proponent Name:
Experience:
Dates:
Project Name:
Responsibility:
References:
(incl. telephone)
Experience:
Dates:
Project Name:
Responsibility:
References:
(incl. telephone)
Experience:
Dates:
Project Name:
Responsibility:
References:
(incl. telephone)
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
25
SCADA Integration 2016
Schedule D
REFERENCE MAPS
26
Ha tch ery Cree k
C h i l l i w a c k
C i t y o f C h i l l i w a c k
E l e c t o r a l A r e a H
SOOWAHLIE 14
Ve dd ou nt ai n
FS
R rm
Pa en te
R r d
M un ro e or e
D
Av e r
La
SL 4
Riv er zer
^
Swelt
_
Sweltzer River
Main
Beach
Co lu m bia
Va lle y
Rd
0
SL 2 s u
2n d
Av e
1s t A ve
Fir S t
Hem lock
St
Spru ce S t
Bals am S t
SL 3
Cultus Lake
Provincial
Park t l u
C
FVRD General Information Map
Cultus Lake Sewer and Sweltzer River SCADA
165 330 660
Meters
Paved Roads
Unpaved Roads
Railways
Streams
Indian Reserves
Parcels
Cedar St
Alder St
Birch St
®
Scale
1:6,000
Date Created:
June 13, 2016
Parks and Protected Areas
Waterbodies
Disclaimer: This map was compiled by the Fraser Valley Regional District, using data believed to be accurate; however, a margin of error is inherent in all maps. This product is distributed without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability of particular purpose or use.
Hallisey Cre ek
N o rt h
B en d
C re s
Grant
Rd
R
Ca a n d n ia
P a
SL PS c ic if
R a a w il y
Lagoon
North Be nd
Hallecks Creek o
P st
O ffi ce d
R
A st e v
Lee
Rd
3 rd
A v e a
C a n d ia n
N a t n io a w il
0 270
Paved Roads
Unpaved Roads
KOPCHITCHIN
IR 2
Railways
Streams n e re
G a
R n ch d
R
FVRD General Information Map
North Bend Sewer SCADA
540
Meters
1,080
C h a u m x o d
R
®
Scale
1:9,741 o
C tt o w n o o d
R d
Indian Reserves
Parcels
BOSTON
BAR IR 9
Date Created:
June 13, 2016
Parks and Protected Areas
Waterbodies
Disclaimer: This map was compiled by the Fraser Valley Regional District, using data believed to be accurate; however, a margin of error is inherent in all maps. This product is distributed without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability of particular purpose or use.
Dotzler Bro ok
M cF au l
R d
Mid gley
Cr ee k
Chilliwack Lake Rd
Wilso n R
!
d
!
!
!
!
!
!
!
C h
!
!
i
Lium ch en
Cre ek l
!
!
^
!
!
!
!
Wilson Dike l i w a c k R
Edw ards
Rd i v e r
Little Tam ihi West FSR
0
FVRD General Information Map
Chilliwack River SCADA
290
Paved Roads
Unpaved Roads
580
Railways
Streams
Meters
1,160
Indian Reserves
Parcels
®
Scale
1:10,483
Date Created:
June 13, 2016
Parks and Protected Areas
Waterbodies
Disclaimer: This map was compiled by the Fraser Valley Regional District, using data believed to be accurate; however, a margin of error is inherent in all maps. This product is distributed without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability of particular purpose or use.
SCADA Integration 2016
Schedule E
DESIGN/BUILD AGREEMENT
27
Design/Build Agreement
TABLE OF CONTENTS
GC11 SUSPENSION OF WORK OR TERMINATION OF CONTRACT OTHER THAN FOR DEFAULT ........ 11
Page 1 of 28
Design/Build Agreement
Page 2 of 28
Design/Build Agreement
SCADA System Integration 2016
This Agreement dated for reference is
BETWEEN:
Fraser Valley Regional District , 45950 Cheam Avenue, Chilliwack, BC V2P 1N6
("Owner")
AND:
____________________________________________________________________
(GST Reg. No. _____________________________ )
("Contractor")
GIVEN THAT:
A.
The Owner wishes to have designed and constructed for SCADA System Integration 2016;
B.
The Owner has caused certain performance requirements to be created for that project; and
C.
The Contractor has agreed to design and construct that project for the Owner in accordance with the terms and conditions of this Agreement.
THIS AGREEMENT is evidence that in consideration of the promises exchanged below, and in consideration of payment of $10.00 by the Owner to the Contractor (the receipt of which is acknowledged by the Contractor), the
Owner and the Contractor agree with each other as follows:
GC1 DEFINITIONS AND INTERPRETATION
1.1
In this Agreement, in addition to the words defined in the recitals to it, the following words and expressions have the following meanings:
(a)
(b)
(c)
(d)
(e)
(f)
” Agreement ” means this document and the Schedules to it;
" Completion " means completion of the Work in accordance with all Drawings and
Specifications and so that it meets all Performance Specifications, as determined by the
Owner's Representative in accordance with the Contract Documents;
" Completion Date " means the date of Completion of the work as determined by the Owner's
Representative in accordance with the Contract Documents;
" Construction/installation Schedule " means the document of that name comprised in the
Contractor's Proposal;
" Contract " means the Agreement between the Owner and the Contractor, for the design and construction/installation of the Project, comprised of the Contract Documents;
“ Contractor ” means the person or persons or a company whose proposal has been accepted by the Owner and who has entered into a contractual “Agreement” with the Owner and includes the Contractor’s personal representative or successors;
Page 3 of 28
Design/Build Agreement
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
" Contract Documents " includes the Contractor's Proposal, the RFP, Performance
Specifications, Specifications, Drawings and this Agreement;
" Contract Price " means the price set out in GC2.3;
" Contract Time " means the date by which the Contractor shall reach Completion as set out in
GC2.1;
" Contractor's Consultant " means any architectural or engineering firm or person, including any Professional Engineer, engaged by the Contractor to prepare the Drawings and
Specifications or to otherwise consult to the Contractor on the Project;
" Contractor's Proposal " means the Proposal of the Contractor dated _______________ submitted in response to the RFP;
" Contractor's Representative " means the representative of the Contractor designated under this Agreement;
" Day " means a calendar day;
" Design " means the design for the Project, and all Work comprised in it, that is set out in the
Drawings and Specifications;
“ District ”, means Fraser Valley Regional District.
" Drawings " means all construction/installation drawings for the Project that are prepared by or for the Contractor, that are accepted in writing by the Owner’s Representative as provided in this Agreement;
" GCs " and "General Conditions” each mean the General Conditions, comprised in this
Agreement;
" Insurance Conditions " means the Contract conditions set out in Schedule A;
“ Land ” means the parcel of land located in the Fraser Valley Regional District identified in the
RFP;
“ Laws " means the common law and any and all laws, statutes, enactments, bylaws, regulations, rules, orders, directives, policies, permits, licences, codes and rulings of any government, and any ministries, agencies, board, commission, or tribunal of any government;
" Month " means a calendar month;
“ Notice of Proposal Acceptance ” means the date on which the District has advised the
Contractor of the District’s intent to accept the Contractor’s Proposal for the Project;
" Other Contractor " means any person employed by or having a separate contract or agreement directly or indirectly with the Owner for work related to the Project other than the
Work;
(x)
(y)
(z)
" Owner " means the Fraser Valley Regional District;
" Owner's Representative " means the representative of the Owner designated under the
Contract;
" Performance Specifications " means the Owner's requirements for design and construction/installation of the project, contained in the RFP;
(aa) " Professional Engineer " means a professional engineer registered and in good standing under the Engineers and Geoscientists Act (British Columbia);
Page 4 of 28
Design/Build Agreement
1.2
1.3
1.4
1.5
(ab) “ Project ” means the project to design and construct the SCADA System Integration 2016 on the Work Site to Completion in accordance with the Performance Specifications and this
Agreement;
(ac) " Quality Management Plan " means the plan for quality management with respect to the
Work comprised in the Contractor's Proposal;
(ad) " RFP " means the document entitled "Request for Proposals (RFP) Documents" issued by the
Owner in respect of the Project;
(ae)
(af)
(ag)
" Specifications " means any construction/installation specifications that are prepared by or for the Contractor and that are accepted in writing by the Owner’s Representative;
" Standards " means any and all Laws, building codes, professional standards and specifications applicable to the Work, or to work such as the Project, as they are in force from time to time or in the latest current version thereof, as the case may be;
" Sub-contractor " means a person having a contract or agreement with the Contractor to perform a part or parts of the Work or to supply products worked to a specific design according to the Contract Documents, but does not include one who only supplies products not so worked;
(ah) " Substantial Completion " means substantial performance as determined in accordance with the Builders Lien Act (British Columbia) by the Owner's Representative in accordance with this
Agreement; the Owner will retain 10% of the monthly progress draw until the project achieves substantial completion; the retained progress draw will be released in accordance with GC21.5
(ai)
(aj)
" Work " means any action required under this Agreement to fulfill the obligations of the
Contractor;
" Work Site " means that part of the Land identified in the RFP as the place where the Project is to be constructed.
Reference in the Contract to:
(a) the singular includes a reference to the plural, and vice versa, unless the context requires otherwise;
(b) a particular numbered or lettered section, or lettered Schedule, is a reference to the corresponding numbered or lettered section, or lettered Schedule, of this Agreement;
(c) the word "enactment" is a reference to an enactment as that word is defined in the
Interpretation Act (British Columbia) on the reference date of this Contract;
(d)
(e) an enactment is a reference to that enactment as amended, revised or replaced; and a "party" or "parties" is a reference to a party, or the parties, to the Contract and the respective successors, assigns, trustees, administrators and receivers.
The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.
The intention of the Contract Documents is to provide for design, labour, products, material, equipment and services necessary to design and construct the Work in accordance with the Performance
Specifications.
Words which have well-known technical or trade meanings are used in the Contract Documents in accordance with the recognized meanings.
Page 5 of 28
Design/Build Agreement
GC2 CONSTRUCTION/INSTALLATION OF PROJECT
2.1 The Contractor shall commence the Work within five (5) days after the Contractor has executed and delivered this Agreement to the Owner, and shall thereafter diligently perform the Work in accordance with the Contract Documents so that the Project has reached Completion on or before [ December 30,
2016 ]. The Contractor shall, in accordance with the Contract Documents, perform and provide all labour, services and other acts, and provide all personal property, construction/installation equipment and machinery required for the performance of the Work to Completion in accordance with the
Contract Documents. The Contractor shall perform the Work in accordance with all Laws. For clarity, to the extent that the Contractor’s Proposal deviates from, conflicts with or modifies the Performance
Specifications, the Contractor shall perform the Work in accordance with the Performance
Specifications unless the deviation, conflict or modification was specifically identified, brought to the attention of and approved by the Owner’s Representative in writing, in which case the relevant part of the Contractor’s Proposal shall apply and shall be deemed to form part of the Performance
Specifications.
2.2
2.3
2.4
2.5
The Contractor and the Owner agree that the terms and conditions of the Contract are those set out in the Contract Documents.
The Owner agrees to pay the Contract Price (including 5% GST) of __________________ ($__________) in Canadian dollars to the Contractor for satisfactory performance of the Work to Completion, for satisfactory performance of all aspects of the Contractor's Proposal, and for satisfactory performance of all of the Contractor's other obligations under the Contract.
The Owner must pay the Contract Price to the Contractor as provided in this Agreement.
The Owner grants to the Contractor licence to enter and be upon the Land until Completion, to:
(a)
(b) construct the Project on it in accordance with the Contract Documents, and do anything else on or to the Land which is necessary for design and construction/installation of the Project, subject to compliance with all Laws applicable to the Contract or the Project.
2.6
The intent of this section is to ensure that the Contractor has the right to do anything on and to the
Land which is necessary for design and construction/installation of the Project.
The Contractor covenants, represents, and warrants to the Owner that:
(a)
(b)
(c)
(d)
(e)
(f) all necessary proceedings have been taken to authorize the Contractor to enter into the
Contract and to execute and deliver this Contract; the Contract has been properly executed by the Contractor and is enforceable against the
Contractor in accordance with its terms; the Contractor has filed all tax, corporate information, and other returns required to be filed by all Laws, has complied with all workers' compensation legislation and other similar legislation to which it is subject, and has paid all taxes, fees, and assessments due by the Contractor under those laws as of the reference date of this Agreement; the Contractor holds all permits, licences, consents, and authorities issued by any level of government, or any agency of any level of government, that are required by all Laws to conduct its business and perform the Work; the Contractor pays punctually, as they become due, all accounts, expenses, wages, salaries, taxes, rates, fees and assessments required to be paid by its on any of its undertakings; the Contractor has investigated and satisfied itself of every condition affecting the Work, including the labour and materials to be provided, the Performance Specifications and Work
Site conditions, and the labour and material to be provided;
Page 6 of 28
Design/Build Agreement
(g)
(h)
(i)
(j)
(k) the Contractor's investigation described in GC2.6(f) has been based on its own examination, knowledge, information and judgment and not upon any statement, representation, or information made or given by or on behalf of the Owner; the Contractor acknowledges that the investigations made by the Owner of the conditions of the Work Site, including sub-surface conditions, are of a preliminary nature and are made for the purpose of study and preliminary design for the sole benefit of the Owner only; the Contractor accepts the risks assigned within the Contract to the Contractor; the Contractor acknowledges that it has the responsibility for informing itself of all aspects of the Project and all information necessary to perform the Work; and the Contractor is registered for the purposes of the harmonized sales tax under the Excise Tax
Act (Canada) under the number set out on page 1 of this Agreement.
GC3 RISK REGARDING SUB-SURFACE CONDITIONS AT WORK SITE
3.1 The Contractor acknowledges and agrees that:
(a)
(b)
(c)
(d) it has received a copy of the plans prepared with respect to the Work Site from the Owner, as identified in Schedule E of the RFP document; as expressly set out in the RFP, the Contractor has had the opportunity to undertake additional examinations or sub-surface investigations, or both, of the Work Site in order to satisfy itself as to Work Site conditions, including subsurface conditions and the impact they could have on any or all of the Design, Contract Time or Contract Price; neither the Owner nor the Owner's Representative is in any way responsible or liable for the completeness or accuracy of the report described in GC3.1(a) nor for any variation between
Work Site conditions, including sub-surface conditions, actually encountered by the Contractor and those set out in that report; and the Contractor is not entitled to any adjustment in the Contract Time or Contract Price, or to any other remuneration or damages whatsoever, in any way connected with Work Site conditions, including sub-surface conditions, or any matter described in GC3.1(c).
GC4 DESIGNATED REPRESENTATIVES AND DISPUTE RESOLUTION
4.1 Promptly after its execution of the Contract, and in any case not more than five (5) days thereafter, the
Owner shall give written notice to the Contractor designating the Owner's Representative, for the purposes of the Contract.
4.2
4.3
4.4
Promptly after its execution of the Contract, and in any case not more than five (5) days thereafter, the
Contractor shall give written notice to the Owner designating the Contractor's Representative, for the purposes of the Contract.
A party may change its representative by giving written notice to the other party of the new representative.
If there is any dispute regarding the interpretation, performance, or any alleged breach, of the Contract, either party may give written notice of the dispute to the other party and the Contractor's
Representative and the Owner's Representative shall meet within three (3) days after the notice of dispute is given and shall attempt in good faith, and using reasonable efforts, to resolve the matter equitably to the satisfaction of both parties. If the parties' representatives cannot resolve the dispute within five (5) days after they first meet, it shall be referred for arbitration by a single arbitrator appointed and acting under the Commercial Arbitration Act (British Columbia), and the arbitrator shall
Page 7 of 28
Design/Build Agreement issue a final decision regarding the dispute within thirty (30) days after his or her appointment, subject to extension of that time by agreement of the parties.
GC5 DESIGN PREPARATION
5.1 Within thirty (30) days after execution of this Agreement, the Contractor shall deliver to the Owner’s
Representative three (3) sets of 50% complete preliminary drawings and specifications for the Project prepared by or for the Contractor, in accordance with Schedule A of the RFP.
5.2
5.3
5.4
5.5
5.6
5.7
5.8
Within ten (10) days after the Owner’s approval of the preliminary drawings and specifications, the
Contractor shall deliver to the Owner's Representative three (3) sets of final drawings and specifications for the Project prepared by or for the Contractor. The Contractor shall specifically identify and bring to the attention of the Owner’s Representative any part of the final drawings and specifications submitted to the Owner’s Representative that deviate from the Performance Specifications or the Contractor’s
Proposal.
The Owner's Representative shall, within ten (10) days after a submittal under GC5.1 or GC5.2, give notice to the Contractor whether or not the Owner's Representative accepts the Contractor's submittal
The Owner's Representative shall provide reasons for not accepting any submittal under GC5.1 or GC5.2, and the Contractor shall, without affecting the Contractor's obligations under the Contract, consider those reasons in revising the submittal.
The Contractor shall revise any submittal that the Owner's Representative has not accepted and shall resubmit it to the Owner's Representative within ten (10) days after its non-acceptance by the Owner's
Representative.
If the Owner's Representative considers that a submittal or a revised submittal complies with the RFP and the Performance Specifications and is consistent with the Contractor's Proposal, the Owner's
Representative shall give notice to that effect to the Contractor.
Upon acceptance of a submittal or revised submittal of the final drawings and specifications by the
Owner's Representative, the accepted final drawings and specifications are the Drawings and the
Specifications.
The Contractor shall
(a) cause all portions and aspects of the Drawings and Specifications to be prepared under the direction of, and to be sealed under the professional seal of, a Professional Engineer; and
(b) cause a Professional Engineer to certify to the Owner, under his or her professional seal, that:
(i) the Drawings and Specifications implement the Performance Specifications and otherwise conform to them;
(ii)
(iii)
(iv) the Drawings and Specifications implement the Contractor's Proposal and otherwise conform to them; the Drawings and Specifications have been prepared in accordance with, and comply with, all Standards; and the Work has been Completed in accordance with the Drawings and Specifications.
5.9 The Contractor shall not construct any part of the Work that is not based on the Drawings and
Specifications or that does not meet the Performance Specifications. To the extent that the Drawings and Specifications conflict with, modify or deviate from the Performance Specifications, the Contractor shall construct the Work in accordance with the strict terms of the Performance Specifications, unless the deviation, conflict or modification was specifically identified, brought to the attention of and
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Design/Build Agreement approved by the Owner’s Representative in writing, in which case the relevant part of the Drawings and
Specifications shall apply.
5.10 The Contractor shall make, or cause the Contractor's Representative to make, any revisions or changes to the Drawings or Specifications as are necessary from time to time due to changes to the Work and, for clarity, the Contractor shall comply with GC5.8 with respect to any such revisions or changes.
5.11 Nothing in this GC, or otherwise in or under the Contract, makes the Owner's Representative or the
Owner responsible for the Design of the Project, including with respect to compliance of the Drawings and Specifications with the Performance Specifications and all Standards, and the Contractor shall, notwithstanding any acceptance under this GC or other act of the Owner or Owner's Representative under the Contract, remain solely liable and responsible for compliance of the Drawings and
Specifications with the Performance Specifications and all Standards.
GC6 DOCUMENTS ON THE SITE
6.1 The Contractor shall keep one copy of all current Contract Documents, including an Executed copy of this Agreement, and all shop drawings, at the Work Site, in good order and available to the Owner's
Representative.
GC7 OWNERSHIP OF DOCUMENTS AND MODELS
7.1 The Contractor agrees that the Owner is hereby granted an unconditional and irrevocable perpetual license to reproduce and use, in whole or in part, and for any purpose or other project or work the
Owner desires, all matters contained in or set out in the Contractor's Proposal, and all Drawings and
Specifications and all models furnished by the Contractor, and the Contractor agrees that the license granted by this GC comprises the copyright, industrial design, trademark and all other intellectual property therein.
GC8 CONTROL AND SUPERVISION OF THE WORK
8.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work using its best skill and attention. The Contractor shall be solely liable and responsible for all design and all construction/installation means, methods, techniques, sequences and procedures with respect to the Work, and for coordinating all parts of the Work under the Contract and for coordinating the
Work with work of subcontractors and of other contractors and in accordance with generally accepted management and supervisory practices in British Columbia.
8.2 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construction/installation methods required in their use, as deemed necessary. The Contractor shall engage and pay for registered Professional Engineers, skilled in the appropriate discipline, to perform these functions where required by Law, and in all cases where such temporary facilities and their method of construction/installation are of such a nature that a Professional Engineer's skill is required to produce safe and satisfactory results.
8.3
8.4
The Contractor shall employ a competent superintendent, and necessary assistants, at the Work Site at all times during the progress of the Work.
The superintendent, and all assistants, shall be satisfactory to the Owner and shall not be changed except for good reason and only then after consultation with the Owner.
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8.5
8.6
The Contractor's superintendent and assistants shall represent the Contractor at the Work Site and directions given to them by the Owner's Representative or the Owner shall be deemed to have been given to the Contractor.
The Contractor shall at all times maintain good order and discipline among its employees engaged on the Work and shall not employ on the Work any unfit person nor anyone not skilled in the task assigned to him or her.
GC9 PROSECUTION OF THE WORK AND DELAYS
9.1 If the Contractor is delayed in the performance of the Work by any act or neglect of the Owner, the
Contract Time shall be extended for such reasonable time as may be agreed by the Owner and the
Contractor, acting reasonably, and the Contractor shall be reimbursed for any costs directly incurred by it as the result of such delay, determined in accordance with GC19.
9.2
9.3
9.4
9.5
If the Contractor is delayed in the performance of the Work by an order issued by any court or public authority having jurisdiction, and providing that such order was not issued as the result of any act or fault of the Contractor or of anyone employed by it, the Contract Time shall be extended for such reasonable time as the Owner and the Contractor may agree, acting reasonably, that the Work was delayed.
If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs
(including lock-outs decreed or recommended for its members by a recognized contractors association of which the Contractor is a member), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by any cause of any kind whatsoever beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as may be agreed by the
Owner and the Contractor, acting reasonably, but in no case shall the extension of time be less than the time lost as a result of the event causing the delay, unless a shorter extension of time is agreed to by the
Contractor.
No extension shall be made for delay under this GC unless written notice is given to the Owner within seven (7) days of its commencement, but in the case of a continuing cause of delay only one notice is necessary.
In the case of any delay under GC9.2 or GC9.3 the Contractor shall use best efforts to remove the cause of the delay as promptly as practicable.
GC10 TAKING WORK OUT OF THE CONTRACTOR'S HANDS
10.1 Without limiting GC12, if the Contractor neglects to prosecute the Work in accordance with the
Performance Specifications, or fails to perform any provisions of the Contract, including by failing to adhere to the Construction/installation Schedule, the Owner may notify the Contractor in writing that the Contractor is in default and if the Owner so instructs, the Contractor shall correct the default within seven (7) days after receiving the notice.
10.2 If the correction of the default cannot be completed within the seven (7) days, the Contractor shall be considered to be in compliance with the Owner's instructions if it:
(a)
(b) commences correction of the default within the specified time; provides the Owner with a schedule for correction acceptable to the Owner's Representative; and
(c) completes the correction in accordance with the accepted schedule.
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10.3 If the Contractor fails to comply with GC10.1 or GC10.2, the Owner may, without prejudice to any other right or remedy it may have, take all or part of any of the Work out of the Contractor's hands and may employ such means as the Owner sees fit to make good the default or complete the Work, or both.
10.4 Where the Work or any part of it has been taken out of the Contractor's hands under GC10.3, the
Contractor shall not be entitled to any further payment for that Work, including payments then due and payable but not paid, and the obligation of the Owner to make payments shall be at an end and the
Contractor shall be liable upon demand therefore to pay the Owner an amount equal to all cost, loss and damage suffered by the Owner by reason of the default of the Contractor and by reason of noncompletion of that Work by the Contractor.
10.5 Despite GC10.4, where the Work or any portion thereof has been taken out of the Contractor's hands under GC10.3 and the portion is subsequently completed by a surety under a bond provided by the
Contractor under the Contract, or by the Owner, the Owner may determine the amount, if any, due and payable but not paid at the time of taking the Work out of the Contractor's hands that is not necessary to hold the Owner harmless from all cost, loss and damage suffered by the Owner by reason of the default of the Contractor and by reason of non-completion of the Work by the Contractor, and the
Owner may, if no financial prejudice to the Owner will result, pay that amount to the Contractor.
10.6 The taking of the Work, or any portion thereof, out of the Contractor's hands pursuant to GC10.3 does not relieve or discharge the Contractor from any obligations under the Contract or imposed upon it by any Standards, except the obligation to perform the portion of the Work so taken out of its hands.
GC11 SUSPENSION OF WORK OR TERMINATION OF CONTRACT OTHER THAN FOR DEFAULT
11.1 The Owner may, should conditions arise which in the Owner's reasonable opinion make it necessary, suspend performance of the Work or terminate the Contract by giving five (5) days written notice to that effect to the Contractor and the suspension or termination is effective in the manner specified in the notice.
11.2 Without limiting GC11.1, the Owner’s Representative may in an emergency, by notice to the Contractor, do either or both of the following:
(a) suspend the Work whenever in its opinion such suspension may be necessary to ensure the safety or life of others, or of the Work or neighboring property; or
(b) make changes in the Work, and order, assess and award the cost of such work, extra to the
Contract or otherwise, as may in its opinion be necessary.
11.3 The Owner’s Representative shall within two (2) days after a change under GC11.2(b), confirm in writing any change instructions and if a change in the Work has been performed by order of the Owner’s
Representative, the Contractor retains its right to claim the value of such work.
11.4 The Contractor upon receiving notice of suspension or termination from the Owner shall immediately suspend all operations except those which, in the Contractor's reasonable opinion, are necessary for the safety of personnel or for the care and preservation of the Work, materials and plant. Subject to any directions in the notice of suspension or termination, the Contractor shall discontinue ordering materials, shall not enter into any further subcontracts (except such subcontracts as are necessary for the safety of personnel or for the care and preservation of the Work), and shall make every reasonable effort in the event of termination to cancel existing subcontracts and orders on the best terms available.
11.5 During the period of suspension the Contractor shall not remove from the Work Site any of the Work, or any material, without the prior written consent of the Owner's Representative.
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11.6 If the period of suspension is thirty (30) days or less, the Contractor, upon the expiration of the period of suspension, shall resume the performance of the Work and shall be paid for all costs reasonably incurred by the Contractor in complying with the suspension, determined in accordance with GC19.
11.7 If the period of suspension is greater than thirty (30) days and, before one hundred and twenty (120) days after the date of the notice of suspension, the Owner and the Contractor agree to continue with and Complete the Work, the Contractor shall resume operations and Complete the Work in accordance with any terms and conditions agreed upon by the Owner and the Contractor.
11.8 If the period of suspension is greater than thirty (30) days and the Owner and the Contractor do not agree to continue with and complete the Work, or they fail to agree on the terms and conditions upon which the Contractor is to resume operations and Complete the Work, before one hundred and twenty
(120) days after the date of the notice of suspension, the Contract shall be deemed to have been terminated.
11.9 If the Contract is terminated pursuant to this GC, the Owner shall pay the Contractor:
(a) in accordance with the Contract Documents, for all Work performed and for all of the
Contractor's obligations under subcontracts which it was unable to cancel, or asked by the
Owner not to cancel, less any progress payments made by the Owner prior to termination; and
(b) all costs reasonably incurred by the Contractor in complying with the suspension or termination order, determined in accordance with GC19, less any costs already paid to the
Contractor pursuant to GC11.6.
11.10 The Contractor's obligations as to quality, correction and warranty of any Work performed continue in force after termination under this GC.
11.11 The Contractor, by giving written notice to the Owner, may suspend performance of the Work or terminate the Contract if the Work is stopped for a period in excess of 30 Days by an order of any court or public authority having jurisdiction through no act or fault of the Contractor or of anyone employed by it.
GC12 TERMINATION OF CONTRACT FOR DEFAULT
12.1 The Owner may, after giving five (5) days written notice to the Contractor, suspend the Work or terminate the Contract, without prejudice to any other right or remedy the Owner may have, if the
Contractor:
(a)
(b) is adjudged bankrupt, makes a general assignment for the benefit of creditors, or a receiver is appointed on account of its insolvency; refuses or fails to supply sufficient properly skilled workers or proper material after 7 Days' written notice from the Owner;
(c)
(d)
(e)
(f)
(g)
(h) fails to make prompt payment to its Subcontractors, suppliers or workers; has delivered a statutory declaration in support of application for a progress payment under the Contract that the Owner's Representative, acting reasonably, determines was false or was materially inaccurate; breaches any Standards; breaches the provisions of the Contract, including by failing to adhere to the
Construction/installation schedule or by failing to construct the Work in accordance with the
Contract Documents; neglects to prosecute the Work in accordance with the Design; has made an assignment of the Contract without the required consent of the Owner; or
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Design/Build Agreement
(i) abandons the Work.
12.2 If the Owner terminates the Contract under GC12.1, the Contractor shall not be entitled to any further payment, and without limiting any other remedies available to the Owner, the Owner may charge the
Contractor the amount by which the full cost of Completing the Work, as certified by the Owner's
Representative (including compensation to the Owner's Representative for its additional services and a reasonable allowance as determined by the Owner's Representative to cover the cost of any corrections required by GC35), exceeds the unpaid balance of the Contract Price.
GC13 SEPARATE CONTRACTS WITH OTHER CONTRACTORS
13.1 The Owner reserves the right to enter into separate contracts in connection with the Project with Other
Contractors.
13.2 The Contractor shall:
(a) co-ordinate the Work with that of Other Contractors and connect the Work with their work and shall ensure that the Design enables that to be done without disruption to the Work or the work of Other Contractors; and
(b) ensure that performance of the Work is carried out in accordance with the
Construction/installation Schedule so that Other Contractors are not delayed in their work.
13.3 The Contractor shall promptly report to the Owner any apparent deficiencies in Other Contractors' work which could affect the Work as soon as they come to the Contractor's attention, and shall confirm such report in writing promptly. Failure by the Contractor to so report promptly shall invalidate any claims for delay by reason of the deficiencies of Other Contractors' work.
GC14 ASSIGNMENT AND SUB-CONTRACTS
14.1 The Contractor shall not assign the Contract or any portion of it without the prior written consent of the
Owner, which consent shall not be unreasonably withheld. The Contractor agrees to employ only those
Sub-contractors proposed by it in writing and accepted by the Owner, acting reasonably, and only in relation to stated portions of the Work to be carried out by that Sub-contractor.
14.2 The Contractor shall preserve and protect the rights of the Owner under the Contract with respect to any Work to be performed by a Sub-contractor, so that the subcontracting does not prejudice the
Owner's Contract rights, and the Contractor shall be responsible to the Owner for the performance of all its Sub-contractors and shall require its Sub-contractors to perform their work in accordance with the terms and conditions of the Contract.
14.3 The Contractor shall be as fully responsible to the Owner for acts and omissions of its Sub-contractors and of persons directly or indirectly employed by them as for the acts and omissions of persons directly employed by the Contractor.
14.4 The Owner may, for reasonable cause, object to a proposed Sub-contractor and require the Contractor to employ another Sub-contractor acceptable to the Owner, but the Contractor shall not be required to employ as a Sub-contractor any person or firm to whom it reasonably objects.
14.5 The Owner may, upon reasonable request by a Sub-contractor and in the Owner's discretion, provide to a Sub-contractor information as to the percentage of the Subcontractor's work for which payment has been made to the Contractor.
14.6 Nothing contained in the Contract Documents shall create any contractual or other relationship between any Sub-contractor and the Owner or any Sub-contractor employee and the Owner.
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GC15 INDEMNIFICATION
15.1 The Contractor shall indemnify and hold harmless the Owner, its elected and appointed officials, employees, contractors and agents, from and against all liability, claims, damages, losses, costs, actions, causes of action, suits, proceedings and expenses, including legal fees and disbursements, arising out of or attributable to the performance of the Work except to the extent that any such claim, damage, loss or expense is caused by the negligent acts or omissions of the Owner.
GC16 CONTRACTOR'S DISCHARGE OF LIABILITY
16.1 The Contractor shall discharge all liabilities incurred by it, including for labour, equipment, materials or services used or reasonably required for use, in the performance of the Contract, on the date upon which each becomes due.
16.2 The Contractor shall cause every Sub-contractor to discharge all liabilities incurred by it, including for labour, equipment, materials or services used or reasonably required for use, in the performance of the
Sub-contractor, on the date upon which each becomes due. Workers employed by a Sub-contractor shall be paid in full at intervals not less frequently than required by law.
16.3 The Contractor shall furnish the Owner with satisfactory evidence that its liabilities and those of Subcontractors have been discharged, such satisfactory evidence to be a statutory declaration sworn by a knowledgeable officer or senior management employee of the Contractor or Sub-contractor, as the case may be, or such other evidence as the Owner may require.
GC17 CHANGES IN THE WORK
17.1 The Owner, without invalidating the Contract, may by written notice to the Contractor make changes to the scope of the Work by altering, adding to, or deducting from the Work, with the Contract Price and
Contract Time being adjusted in accordance with GC18.
17.2 No change to the scope of the Work shall be made without a written order from the Owner, and no claim for an addition or deduction to the Contract Price, or change in the Contract Time, shall be valid unless so ordered and at the same time valued or agreed to be valued as provided for in GC18.
GC18 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK
18.1 The value of any change in the Work shall be determined by one or more of the following methods:
(a)
(b) by estimate and acceptance in a lump sum; or by unit prices agreed upon.
18.2 When a change in the Work is proposed or required by the Owner, the Contractor shall promptly, and in any case within ten (10) days after the change in the Work is proposed or required by the Owner, present to the Owner its claims for any change to the Contract Price or change in the Contract Time, or both, which arise from the change.
18.3 In the case of changes in the Work to be paid for under GC18.1(b), the form of presentation of costs and methods of measurement shall be agreed to by the Owner and the Contractor before proceeding with the change. The Contractor shall keep accurate records of quantities or costs as agreed upon and shall present an account of the costs of the change in the Work, together with vouchers where applicable, at least once each Month during performance of the change in the Work, and shall present a final account upon completion of the change in the Work.
18.4 If the methods of valuation, measurement and value of any change cannot be promptly agreed upon, and in any case within five (5) days after the proposed change, and the change is required by the Owner
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Design/Build Agreement to be proceeded with, then the change in the Work shall be performed by the Contractor and the value of the change shall be determined by arbitration as set out in the Contract.
18.5 It is intended in all matters involving changes in the Work that both the Owner and the Contractor shall act promptly and in accordance with the times set out in this GC.
GC19 DETERMINATION OF COST
19.1 Subject to GC19.2 whenever it is necessary for the purposes of the Contract to determine the cost of labour, equipment or material, the cost of such labour, equipment or material shall be the amount agreed upon by the Contractor and the Owner from time to time within a reasonable time after the issue arises in any given instance.
19.2 If the Contractor and the Owner cannot agree as to the cost of labour, equipment or material as contemplated in GC19.1, the cost of labour, equipment or material for the purposes of these GCs shall be equal to the aggregate of:
(a) all reasonable and proper amounts actually expended by or legally payable by the Contractor in respect of the labour, equipment or material which fall within one of the classes of expenditures described in GC19.3, (being costs which are directly attributable to the performance of the Work and are not costs in respect of which the allowance in GC19.2(b) is made); and
(b)
19.3 Classes of expenditure that are allowable for the purposes of GC19.2 are:
(a) payments to Sub-contractors that comply with GC19.2(a), but despite GC19.2(b) the percentage applied to such payments to Sub-contractors shall for the purposes of GC19.2(b), be 10% and not 18%;
(b)
18% of the total of the expenditures of the Contractor that meet the test in GC19.2(a), being an allowance for all other expenditures by the Contractor and for profit, and without limiting the generality of the foregoing, being also an allowance for payment and charges related to overhead, head office expenses and general administration costs of Contractor, including finance and interest charges. wages, salaries and traveling expenses of employees of the Contractor while they are actually and properly engaged on the Work, other than wages, salaries, bonuses, living and traveling expenses of personnel of the Contractor generally employed at the head office, or at a general office, of the Contractor unless such personnel is engaged at the site of the Work, with the approval of the Owner.
(c)
(d)
(e)
(f)
(g)
(h) payments for materials necessary for and incorporated in the Work or necessary for and consumed in the performance of the Work; payments for equipment necessary for and incorporated in the Work payments for tools, other than tools customarily provided by tradesmen, necessary for and used in the performance of the Work; payments for preparation, inspection, delivery, installation and removal of equipment and materials necessary for the performance of the Work; assessments payable under any statutory scheme relating to workers; compensation, unemployment insurance, or holidays with pay; payments for renting equipment (but not tools), allowances for equipment (but not tools) owned by the Contractor, necessary for the performance of the Work, provided that such
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(i) payments or allowances are reasonable or have been agreed to by the Contractor and the
Owner; and other payments, made with the approval of the Owner, that are necessary for the performance of the Work, as determined by the Owner in its sole discretion.
GC20 APPLICATIONS FOR PAYMENT
20.1 Applications for payment may be made not more than once each month as the Work progresses, at the end of each Month shown in the Construction/installation Schedule.
20.2 Applications for payment shall be dated the last day of the monthly period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed, and material incorporated into the Work up to and at that date. When making applications for payment, the
Contractor shall submit a statement based upon the schedule submitted and approved under GC20.3.
20.3 The Contractor shall submit to the Owner's Representative, at least fourteen (14) days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Contract Price and divided so as to facilitate evaluation of applications for payment. The schedule shall be made out in such form and supported by such evidence as to its correctness as the
Owner's Representative may reasonably direct and, when approved by the Owner's Representative, shall be used as the basis for all applications for payment, unless it is found at any time to be in error, in which case it shall be corrected in accordance with the Owner's Representative’s directions.
20.4 Applications for release of holdback monies following Substantial Completion of the Work, and the application for final payment, shall be made at the time and in the manner set forth in GC21.
GC21 CERTIFICATES AND PAYMENTS
21.1 The Owner's Representative shall, not later than ten (10) days after the receipt of an application for payment from the Contractor submitted in accordance with GC20, issue a certificate for payment in the amount applied for or in such amount as the Owner's Representative determines to be properly due. If the Owner's Representative amends the application, the Owner's Representative shall promptly notify the Contractor in writing and give reasons for the amendment.
21.2 The Owner shall make each progress payment to the Contractor on account no later than fifteen (15) days after the issuance of a certificate for payment by the Owner's Representative.
21.3 Without limiting any right of set-off at law or any other remedy available to the Owner at law, the
Owner may deduct any amount payable by the Contractor to the Owner, whether such amount is payable under the Contract, any other contract or pursuant to any other legal or equitable obligations of the Contractor to the Owner, from any amount payable by the Owner to the Contractor under the
Contract.
21.4 The Owner's Representative shall, not later than ten (10) days after the receipt of an application from the Contractor for a certificate of Substantial Completion, make an inspection and assessment of the
Work to verify the validity of the application. The Owner's Representative shall, not later than seven (7) days after the inspection, notify the Contractor of approval, or the reasons for disapproval, of the application. If the Contractor remedies any such deficiency, the Owner's Representative shall within five
(5) days after notice from the Contractor of completion of the remedy, approve or disapprove of the remedial measures, and so on, until Substantial Completion is reached. When the Owner's
Representative finds that Substantial Completion of the Work has been reached, the Owner's
Representative shall issue a certificate of Substantial Completion. The date of Substantial Completion of the Work shall be as stated in that certificate. Immediately following the issuance of the certificate of
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Substantial Completion of the Work, the Owner's Representative, in consultation with the Contractor, shall establish a reasonable date for Completion.
21.5 Immediately following the issuance of the certificate of Substantial Completion, the Owner's
Representative shall issue a certificate for payment of holdback monies, but the holdback monies shall only become due and payable on the day following the expiration of the statutory period under the
Builders' Lien Act (British Columbia). The Owner may retain out of such holdback monies any sums required by law to satisfy any claims of lien or liens against the Work Site or Work, or other monetary claims against the Contractor and enforceable against the Owner. The holdback monies are payable only if the Contractor has submitted to the Owner a sworn statement of an officer or senior management employee of the Contractor that all accounts for labour, subcontracts, materials, construction/installation machinery and equipment, and other indebtedness, which may have been incurred by the Contractor and for which the Owner might in any way be held responsible have been paid in full, except holdback monies properly retained by the Contractor. Without limiting the rest of this GC, final payment of holdback monies shall not be made until the Owner is furnished with the following:
(1)
(2)
(3) a statutory declaration of the Contractor declaring that all materials, labour, equipment and sub contract claims incurred, directly, on account of the works have been fully paid by the
Contractor, and that no notice of liens has been served on the Contractor in respect of anything done under, or by virtue of the Contract, dated not before the expiration of forty-five
(45) days after the date of issuance of the certificate of Substantial Completion. a written statement of the Contractor that all claims for payment for work done under the
Contract as of the date of the Contractor's application for a certificate of Substantial
Completion including extras, change orders and force account items have been presented to
Owner’s Representative. a written statement issued by the appropriate Provincial authority certifying that all nonresidential contractors have fully paid all taxes levied by Provincial, Federal or local governments.
21.6 The Owner’s Representative shall, not later than ten (10) days after the receipt of an application from the Contractor for payment upon Completion of the Work, inspect and assess the Work to verify the validity of the application. The Owner’s Representative shall, not later than seven (7) days after the inspection, notify the Contractor of approval or the reasons for disapproval of the application, which the
Contractor shall remedy by correcting the Work to which the payment relates. If the Contractor remedies any such deficiency, the Owner shall, within two (2) days after completion of the remedy, approve or disapprove of the remedial measures, and so on, until Completion is reached. When the
Owner’s Representative finds that Completion of the Work has been reached, the Owner’s
Representative shall immediately issue a certificate of Completion and certify for payment the monies due to the Contractor under the Contract, less holdback monies which are retained in accordance with
GC21.3. Subject to the provisions of GC21.7, the Owner shall, not later than thirty (30) days after the issuance of such certificate, make final payment to the Contractor in accordance with the provisions of this Agreement.
21.7 Without limiting GC15, the Contractor shall, at its sole risk and expense, do everything necessary, including through the institution, prosecution or defense of legal proceedings, to promptly discharge from title to the Work Site any claims of builders' lien, builders' liens or certificates of pending litigation.
If the Owner becomes aware that a claim of builders' lien, builders' lien or certificate of pending litigation is threatened or has been registered against title to the Work Site, the Owner may, in its sole discretion, withhold out of any monies payable to the Contractor, in excess of any holdback monies retained under the Builders' Lien Act , (British Columbia) such amounts as the Owner reasonably
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Design/Build Agreement considers necessary in order to secure the discharge of the claim of builders' lien, builders' lien or certificate of pending litigation. The Owner agrees to cooperate with the Contractor in securing the discharge of any of those things, subject to such arrangements being made as the Owner reasonably considers necessary before any such Additional holdback monies are paid to any person or into court.
21.8 If because of conditions reasonably beyond the control of the Contractor there are items of Work that cannot be performed, payment in full for Work which has been performed as certified by the Owner's
Representative shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold until the remaining Work is finished only such monies as the Owner's Representative determines are sufficient and reasonable to cover the cost of performing such remaining Work and to adequately protect the Owner from claims, including of builder's lien.
21.9 No payment made by the Owner under this Contract, or partial or entire use or occupancy of the Work by the Owner, shall constitute an acceptance of Work not in accordance with the requirements of the
Contract Documents.
21.10 By issuing any certificate the Owner's Representative and the Owner do not guarantee, or otherwise become liable or responsible in any way for, the correctness or completeness of the Work, including the
Design, and no certificate makes the Owner's Representative or the Owner in any way responsible or liable for adequacy of the Design or for the Work, all of which remain the responsibility of the
Contractor.
21.11 As of the Completion Date, the Owner expressly waives and releases the Contractor from all claims against the Contractor, including those that arise from the negligence or breach of Contract by the
Contractor, except any one or more of the following:
(a)
(b)
(c) those made in writing prior to the date of Completion of the Work and still unsettled; those arising from the provisions of GC15 or GC29, or both; or those made in writing within a period of two years from the date of Substantial Completion, as set out in the certificate of Substantial Completion, and arising from any liability of the
Contractor for damages resulting from performance of the Contract with respect to defects or deficiencies in the Work for which the Contractor is proven responsible, including design, construction/installation, or failure of the Work to comply with the Performance Specifications, or all of them.
21.12 As of the date of Completion, the Contractor expressly waives and releases the Owner from all claims against the Owner, including without limitation those that might arise from the negligence or breach of
Contract by the Owner, except those made in writing prior to the Contractor's application for payment upon Completion and still unsettled.
21.13 In the event of conflict between the provisions of this GC and any other GC or the Agreement, the provisions of this GC govern.
21.14 The Owner may deduct from any payment to the Contractor under this GC the amount paid by the
Owner to put the Contractor into the compliance with the Insurance Conditions if the Contractor has defaulted in complying with the Insurance Conditions.
GC22 TAXES AND DUTIES
22.1 The Contract Price is inclusive of all applicable taxes, including social services tax under the Social
Services Tax Act (British Columbia), and goods and services tax under the Excise Tax Act (Canada). The
Owner shall pay to the Contractor any goods and services tax under the Excise Tax Act (Canada) on materials and services provided to the Owner by the Contractor as part of the Work and such taxes shall be shown separately on progress payment applications made by the Contractor. The Contractor shall
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Design/Build Agreement remit to Canada all goods and services tax as and when required by the Excise Tax Act (Canada) and shall, without limiting GC15, indemnify and hold the Owner harmless from and against any goods and services tax under the Excise Tax Act any costs, in respect thereof.
(Canada), and other taxes, that the Contractor fails to remit as and when due, and from and against any penalties and interest which may be levied against the Owner, and
22.2 Unless otherwise expressly provided in the Contract, the Contractor shall pay all government goods and services tax under the Excise Tax Act (Canada), social services tax under the Social Services Tax Act
(British Columbia), customs duties and excise taxes under the Excise Tax Act accordance with any enactment with respect to any component of the Work.
(Canada), payable in
22.3 Any increase or decrease in material or equipment costs to the Contractor due to changes in taxes or duties (other than goods and services tax under the Excise Tax Act (Canada)), after the date of the
Agreement shall increase or decrease the Contract Price accordingly.
22.4 Where an exemption or refund of taxes, customs duties or excise taxes is applicable to the Contract by way of the Contractor filing claims for, or cooperating fully with the Owner and the proper authorities in seeking to obtain such exemption or refund, the Contractor shall make such applications and provide such cooperation.
22.5 Refunds that are properly due to the Owner and have been recovered by the Contractor shall be promptly refunded to the Owner.
GC23 LAWS, NOTICE, PERMITS AND FEES
23.1 The Contractor shall apply and pay for all necessary permits and licenses required for the performance of the Work (but this shall not include the obtaining of temporary or permanent easements or rights of way). The Contractor shall give all necessary notices and pay all fees required by Law and comply with all Standards.
23.2 All Laws in force in British Columbia, as amended from time to time, govern the Work and the Contract
Documents shall be deemed to include any such Laws in force, as amended from time to time.
GC24 INTELLECTUAL PROPERTY FEES
24.1 As part of the Contract Price, the Contractor shall pay to the owner of any intellectual property rights
(including of any patent, copy right, industrial design, trademark or trade secret) all royalties and licence fees required for the performance of the Contractor and shall, without limiting GC15, indemnify and hold the Owner harmless from and against all claims, demands, losses, costs, damages, actions, suits or proceedings arising out of the Contractor's performance of the Work under the Contract which are attributable to infringement or an alleged infringement of any intellectual property right by the
Contractor or anyone for whose acts it may be liable.
GC25 WORKERS' COMPENSATION
25.1 The Contractor is deemed the “prime contractor” for the purposes of all applicable occupational health and safety Laws, including the Workers’ Compensation Act (British Columbia), and the Contractor is responsible for filing any documents necessary to comply with the Workers’ Compensation Act (British
Columbia), including, but not limited to, a notice of project. The Contractor shall comply, and shall ensure that all Subcontractors and Other Contractors, comply with all requirements with the Workers’
Compensation Act (British Columbia) and any other occupational health and safety Laws, applicable to the Project, the Work or to the Work Site.
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25.2 Prior to commencing the Work and as a condition of receiving payment on Substantial Completion and on Completion, the Contractor shall provide the Owner with satisfactory written evidence of compliance by the Contractor with all requirements under the Workers' Compensation Act (British
Columbia), including payments of assessments due under it to the Workers' Compensation Board.
Without limiting the foregoing, the Owner's Representative may at any time require the Contractor to provide evidence of compliance with all requirements under the Workers' Compensation Act (British
Columbia), or payment of assessments due under it to the Workers' Compensation Board, or both.
25.3 When required to do so by the Owner, the Contractor shall provide the Owner with evidence of its compliance and compliance of any or all of its Sub-contractors under GC25.2. Failure to comply could result in suspension of work by the Owner.
GC26 PROTECTION OF WORK AND PROPERTY
26.1 The Contractor shall protect the property adjacent to the Work Site from damage and, without limiting
GC15, shall hold the Owner harmless from any claims which may arise as the result of its operations under the Contract, or from its failure to provide such protection, or both.
26.2 The Contractor shall protect the Work and the Owner's property on the Work Site from damage and shall be responsible for any damage which may arise as the result of its operations under the Contract except damage which occurs as the result of actions of the Owner, its agents, employees or other contractors.
26.3 Should any damage occur to the Work or the Owner's property, or both, for which the Contractor is responsible, it shall make good such damage at its own expense or pay all costs incurred by others in making good such damage.
26.4 Should any damage occur to the Work or the Owner's property, or both, for which the Contractor is not responsible, it shall make good such damage to the Work and, if the Owner so directs, to the Owner's property, and the Contract Price and Contract Time shall be adjusted in accordance with GC19.
GC27 DAMAGES AND MUTUAL RESPONSIBILITY
27.1 If the Contractor has caused damage to any Other Contractor on the Work, the Contractor agrees upon due notice by the Owner to settle with such Other Contractor by agreement or arbitration. If an Other
Contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor and, without limiting GC15, may require the Contractor to defend the action at the Contractor's expense. If any final order or judgment against the Owner arises therefrom, the
Contractor shall pay or satisfy it and pay all costs incurred by the Owner.
27.2 If the Contractor becomes liable to pay or satisfy any final order, judgment or award against the Owner, then the Contractor shall have the right, upon undertaking to indemnify the Owner against any and all liability for costs, to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction.
GC28 INSURANCE AND PROPOSAL SECURITIES
28.1 Before beginning the Work, the Contractor shall deliver to the Owner an executed performance bond in the form of CCDC 221 and an executed labour and materials payment bond in the form of CCDC 222, or in substantially equivalent forms acceptable to the Owner, acting reasonably.
28.2 Each Bond under GC28.1 shall be in the amount of 50% of the Contract Price and shall be issued by a surety licensed to transact the business of a surety in British Columbia and acceptable to the Owner, acting reasonably.
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28.3 Upon entering into a Contract with a Sub-contractor, the Contractor shall advise the subcontractor that a labour and material payment bond is in effect and shall supply a copy of that Bond to the Subcontractor upon request.
28.4 The Contractor shall, as part of the Contract Price, obtain and maintain the insurance required by the
Insurance Conditions specified in Schedule A to this Agreement, and otherwise shall comply with the
Insurance Conditions.
28.5 Before beginning the Work, the Contractor shall deliver to the Owner certified copies of all insurance obtained by the Contractor in accordance with the Insurance Conditions, or such other proof of that insurance as is satisfactory to the Owner, acting reasonably.
GC29 WARRANTY
29.1 The Contractor shall correct, at its own expense:
(a)
(b) any Work which is found by the Owner's Representative or the Owner to not comply with the
Performance Specifications or to be not in accordance with the Contract Documents, for a period of 12 months from and after Completion ; and any defects in the Work due to faulty products or workmanship appearing within a period of one year from the date of Completion, or within one year from the date of termination of the
Contract if the Contract is terminated prior to Completion.
29.2 The Contractor shall correct or pay for any damage to other work resulting from any corrections required under GC29.1.
29.3 Issuance of the certificates of Substantial Completion and of Completion, and final payment to the
Contractor, do not relieve the Contractor from its responsibility under this GC.
GC30 PRODUCTS
30.1 Unless otherwise expressly provided in the Contract, the Contractor shall provide and pay for all labour, products, materials, tools, equipment, plant, machinery, water, heat, light, power, transportation, and all other facilities, things and services whatsoever, without limitation, necessary for the proper performance of the Work.
30.2 All products and materials provided shall be new unless otherwise expressly specified in the Contract
Documents. Any products not specified shall be of a quality best suited to the purpose required.
GC31 USE OF WORKSITE
31.1 The Contractor shall confine its tools, equipment and plant, the storage of materials and products, and the operations of its workers, to limits indicated by or under all Laws, or as agreed with the Owner, and shall not unreasonably encumber the Work Site.
31.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight that will endanger its safety.
31.3 The Contractor shall enforce the Owner's instructions regarding signs, advertisements, fires and smoking.
31.4 The Contractor acknowledges and agrees that the Owner has made no representation or warranty as to the absence or presence on, in or under the Work Site of any pollutant, contamination or toxic substance and if the Contractor, after commencing the Work, encounters or has reason to believe in the existence of any such thing on, in or under the Work Site, the Contractor shall at once take all reasonable steps, including claiming suspension or termination of the Work, as are necessary to ensure
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Design/Build Agreement that no person or property suffers injury, sickness, death, damage or destruction as a result of exposure to, or the presence of, any such thing, and that Contractor shall immediately report such matter to the relevant governmental authorities and to the Owner. If the Contractor is delayed in performing the
Work, or incurs additional costs, due to any such matter, adjustment in the Contract Time or the
Contract Price shall be agreed upon, in the latter case as set out in GC18.
GC32 CLEANUP AND FINAL CLEANING OF WORK
32.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, Other Contractors or their employees.
32.2 When the Work reaches Completion, the Contractor shall promptly remove all surplus products, tools, construction/installation machinery and equipment, and any waste and debris, and leave the Work and
Work Site clean and suitable for occupancy by the Owner unless otherwise specified.
GC33 CUTTING AND REMEDIAL WORK
33.1 The Contractor shall do all cutting and remedial work that may be required to make the several parts of the Work come together properly.
33.2 The Contractor shall co-ordinate the Construction/installation Schedule for the Work to ensure that the requirement under GC 33.1 is kept to a minimum.
33.3 Cutting and remedial work shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger any Work.
GC34 QUALITY CONTROL AND INSPECTION OF WORK
34.1 Without affecting any other GC, the Contractor is solely responsible for the quality of the Work and shall diligently implement the Quality Control Plan throughout performance of the Work.
34.2 The Contractor shall appoint one or more independent consultants, with the relevant professional education, skill and experience, to carry out and report upon all testing and other quality control activities comprised in the Quality Control Plan.
34.3 The Contractor shall ensure that the independent consultants appointed under GC34.2 implements the
Quality Control Plan, including by reporting to the Owner's Representative on implementation of the
Quality Control Plan as and when required by the Quality Control Plan.
34.4 Despite the rest of this GC, the Owner's Representative may at any time audit the Quality Control Plan and its implementation and may, at the Owner's expense, carry out independent quality control testing at any time.
34.5 Nothing in this GC, and no action or inaction by the Owner or the Owner's Representative, shall relieve the Contractor from its sole responsibility for the quality of the Work, for the Quality Control Plan, and for implementation of the Quality Control Plan.
34.6 The Owner and the Owner's Representative shall have access to the Work for inspection wherever the
Work is in preparation or progress and the Contractor shall provide reasonable facilities for such access.
No testing and inspection by the Owner or the Owner's Representative shall relieve the Contractor from its sole responsibility for the quality of the Work, for the Quality Control Plan, or for implementation of the Quality Control Plan.
34.7 If the results of any testing or other aspect of the Quality Control Program disclose that any part of the
Work is incomplete or defective in any way, the Owner may order the Contractor to complete that part of the Work or correct the defect and the Contractor shall do so forthwith at its own expense. If the
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Owner determines, based on the results of any aspect of the Quality Control Program's implementation or otherwise, that any part of the Work is incomplete or defective in any way, the Owner may order the
Contractor to complete that part of the Work or correct the defect and the Contractor shall do so forthwith at its expense.
34.8 If the Contractor covers or permits to be covered any of the Work, or before any Quality Control Plan testing thereon is completed, the Contractor shall, as required under the Quality Control Plan or at the direction of the Owner's Representative, uncover the Work, have the inspections and testing satisfactorily completed, and make good the Work at its own expense.
34.9 The Contractor shall cause a Professional Engineer to certify to the Owner, under his or her professional seal, that the Quality Control Plan has been implemented in every respect in accordance with its terms and in accordance with all Standards applicable to the Quality Control Plan.
34.10 Promptly after Completion, the Contractor shall deliver to the Owner all test samples and results taken for, and generated by, implementation of the Quality Control Plan.
GC35 REJECTED WORK
35.1 Defective Work, whether the result of poor design, poor workmanship, use of defective equipment or materials, or damage through carelessness, default or other acts of the Contractor or any Subcontractor, and whether incorporated in the Work or not, which has been rejected by the Owner as failing to conform to the Performance Specifications or the Design, or both, shall be removed promptly by the
Contractor and replaced and re-executed promptly and properly at the Contractor's expense.
35.2 If the Contractor does not remove such defective materials or Work within the time fixed by written notice by the Owner, the Owner may remove them and store materials at the expense of the Contractor.
35.3 Other Contractor's work destroyed or damaged by such removals or replacements shall be made good by the Contractor promptly at the Contractor's expense.
35.4 If in the opinion of the Owner it is not expedient to correct defective Work or Work not done in accordance with the Contract Documents, the Owner may deduct from the Contract Price the difference in value between the Work as done and that called for by the Contract.
GC36 DRAWINGS
36.1 Before issuance of the certificate of Completion, the Contractor shall provide to the Owner the following:
(a)
(b)
(c)
(d)
Two (2) complete sets of paper print Drawings and Specifications, signed and sealed by the design Engineer, showing the as-built Work and identified in bold letters with the words
“CERTIFIED AS-BUILT”;
One (1) complete set of original paper plot Drawings and Specifications, signed and sealed by the design Engineer, showing the as-built Work and identified in bold letters with the words
“CERTIFIED AS-BUILT”;
One set of CAD disks with the as-built Drawings on them. Also include 11” x 17” format drawings in the Project Record Submission; and
Three (3) complete sets of operation and maintenance manuals for all equipment comprised in the Work.
GC37 FREEDOM OF INFORMATION & PROTECTION OF PRIVACY ACT
37.1 The Contractor agrees and acknowledges that:
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(a)
(b) the Owner is subject to the provisions of the Freedom of Information and Protection of
Privacy Act (British Columbia) and that the Contract Documents, the information they contain and any other information supplied by the Contractor to the Owner in connection with the
Project are not implicitly confidential for the purposes of that enactment, but the Contractor may stipulate that any technical, scientific, commercial, financial or trade secret information supplied to the Owner in connection with the Project is confidential for the purposes of that
Act; and the Contract Documents, and the information they contain, and any other information supplied by the Contractor to the Owner in connection with the Project, may be the subject of an access to information request made to the Owner under the Freedom of Information and
Protection of Privacy Act (British Columbia) and that, despite GC37.1(a), the Owner may be obliged by that Act to disclose all or part of the Contract Documents or the information they contain or all or part of any information of the Contractor supplied to the Owner in connection with the Project, whether or not the Contractor has expressly stipulated that the information in question is confidential for the purposes of that Act.
GC38 NOTICE AND OTHER GENERAL PROVISIONS
38.1 Any notice which may be or is required to be given under this Agreement shall be in writing and either be delivered or sent by facsimile transmission, addressed as follows:
(a) To the Owner:
Scott Salsbury, Manager of Operations, Fraser Valley Regional District,
45950 Cheam Avenue, Chilliwack, BC
Telephone: 604-702-5000 or Fax: (604) 702-5464
(b) To the Contractor:
Attention: __________________________
Telephone: ___________________ or Fax No.: _____________________ or to such other address or facsimile number of which notice has been given as provided in this section. Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. Any notice which is sent by fax transmission is to be considered to have been given on the day it is sent, but if that day is not a business day, on the next business day after it is sent. If a party changes its address or facsimile number, or both, it shall promptly give notice of its new address or facsimile number, or both, to the other party as provided in this section.
38.2 An alleged waiver of any breach of the Contract is effective only if it is an express waiver in writing of that breach. A waiver of a breach of the Contract does not operate as a waiver of any other breach of the
Contract.
38.3 If any term of the Contract is held to be unenforceable by a court, that term is to be severed from the
Contract and the rest of the Contract remains in force unaffected by the severance of that term.
38.4 This Contract is the entire agreement between the parties regarding its subject.
38.5 This Contract binds the parties to it and their respective successors, heirs, executors and administrators.
38.6 The parties must do everything reasonably necessary to given effect to the intent of the Contract, including execution of further instruments.
38.7 Time is of the essence of the Contract.
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As evidence of their agreement to be bound by the terms of the Contract, the parties have caused this
Agreement to be executed and delivered under seal by their authorized signatories as of the date set out above:
The Corporate Seal of the FRASER VALLEY REGIONAL DISTRICT ) was hereunto affixed in the presence of: )
)
)
FVRD Board Chair___________________________________ )
)
)
)
)
Chief Administrative Officer ___________________________
Approved by resolution of the Fraser Valley Regional District Board on ____________, 2016.
The Corporate Seal of ____________________________ was hereunto affixed in the presence of:
)
)
Authorized Signatory __________________________
Authorized Signatory __________________________
)
)
)
)
)
)
)
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1.
Design/Build Agreement
2.
SCHEDULE A - INSURANCE CONDITIONS
The Contractor shall provide and maintain insurance as required by the rest of this Schedule. All policies
(except those under sections 2(b) & 2(e)) shall be in the joint names of the Owner and the Contractor, shall include all Sub-contractors, the Owner's Representative and the Contractor's Consultants as unnamed insureds, and shall otherwise comply with the rest of these Insurance Conditions. In the event of any third party loss or damage or any physical loss or damage to the work, or contractor’s equipment, the settlement or payment of the subsequent claim shall be made without the right of subrogation against the Fraser Valley Regional District, together with all of their employees, agents and servants, and all Architects, Engineers, Consultants, Contractors, and any of their servants, agents, employees, volunteers, directors, parent, subsidiary, affiliated or related firms, engaged in or connected with the
Project.
The insurance that the Contractor shall provide and maintain is as follows:
(a) the Contractor shall provide and maintain a separate (wrap-up) comprehensive or commercial general liability insurance policy (specifically named for the Project) subject to limits of not less than $5,000,000.00 inclusive per occurrence and in the aggregate and a deductible of not more than $5,000.00 per occurrence, for bodily injury, death and damage to or loss of property, including loss of use thereof, and including coverage for:
(i)
(ii)
(iii) premises and operations liability; contractor's contingent liability with respect to the operations of persons, firms or corporations having a contract for the execution of a part or parts of the work included in the Contract; products or completed operations liability which shall be maintained for 12 months from the date of substantial performance;
(b)
(c)
(iv)
(v) blanket contractual liability; cross liability clause and severability of interests clause;
(vi) elevator and hoist liability;
(vii) contingent employer's liability;
(viii) personal injury liability;
(ix) shoring, blasting, excavating, underpinning, demolition, pile driving and caisson work, work below ground surface, tunneling and grading, as applicable.
(x)
(xi) liability with respect to non-owned licensed vehicles; and
Projects requiring use of aircraft or watercraft will require specific additional coverage). the Contractor shall provide and maintain liability insurance in respect of vehicles owned, leased or rented by the Contractor, subject to limits of not less than $5,000,000.00 inclusive per occurrence ; For Automobile Liability insurance, a duly executed Insurance Corporation of
British Columbia APV 47 form may be used for evidence of coverage or renewal. the Contractor shall provide and maintain property insurance, insuring the full value of the
Work in the amount of the Contract Price and the insurance shall:
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Design/Build Agreement
3.
(d)
(i)
(ii) be in the joint names of the Owner and the Contractor, and shall include the interest of the Owner, the Contractor, Subcontractors and all others having an insurable interest in the Work; include all Subcontractors as unnamed insureds or, if they specifically request, as named insureds; (See Named Insureds) preclude subrogation claims by the insurer against anyone insured thereunder; (iii)
(iv)
(v) be provided for by either a builders' risk policy, or an installation floater (specifically named for the project) and insure against all risks of direct loss or damage, including flood and earthquake, subject to any exclusion expressly specified in the Contract and shall apply to all material, equipment, machinery, labour and supplies of any nature whatsoever, the property of the insureds or others for which the insureds may have assumed responsibility, to be used in or pertaining to the site preparations, demolition of existing structures, erection, fabrication, reconstruction/reinstallation, or repair of the Work, on the Work Site and in transit, in Canada or the U.S.A. subject to the exclusions of the policy specified; provide coverage for damage to the work as a result of an accident to any pressure vessel or vessel under vacuum during the period of such policies up to certification or being placed in operation; and
(vi) apply to both the installation and testing phases;
(vii) Deductible: Flood - $25,000.00
, Earthquake – 10%, All others $5,000.00 the Contractor shall provide and maintain all-risks contractors' equipment insurance including
Flood & Earthquake protecting all machinery and equipment owned, rented or leased or for which he is responsible by the Contractor in the performance of the Work for the actual cash value of any such machinery and equipment; and
(e) Professional Liability Insurance (Errors & Omissions)
(i) Single Project Specific Professional Liability insurance shall be arranged and the policy shall contain minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) annual aggregate covering all insured loss or damage including coverage for third party property damage, bodily injury or death, arising out of the professional services rendered by the Contractor, the Contractors’
Subcontractor, and/or any Engineers and any of their servants or employees including personnel on loan to the Contractor and personnel who perform normal services of the Contractor under this agreement. The named insured shall also include but not be limited to all architectural or engineering firms, including project managers, construction/installation managers, applied science technologist, land surveyors, or quantity surveyors engaged in the project.
A maximum deductible of Twenty-five Thousand Dollars ($25,000.00
) will be allowed.
Exclusions for design-build or joint venture projects will not be permitted.
Coverage shall be maintained for a period of 12 months following completion of the project.
All property insurance shall be maintained continuously until 10 Days after the date of the Contractor's final application for payment under the GCs.
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4.
5.
6.
7.
8.
9.
10.
11.
All insurance policies shall provide that in the event of a loss, payment for damages to the Work shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and itself for the purpose of adjusting the amount of such loss with the insurers.
On the determination of the extent of the loss, the Contractor shall immediately proceed to restore the
Work and shall be entitled to receive from the Owner (in addition to any sum due under the Contract) the amount at which the Owner's interest in the restoration work has been appraised, to be paid as the work of the restoration proceeds and in accordance with the Contractor's application for payment, but only to the extent that the Owner actually receives payment from the insurer or insurers in respect of that loss, and the Owner is not liable to pay the Contractor anything in any other case.
The Contractor shall, from time to time at the request of the Owner, provide to the Owner proof satisfactory to the Owner, acting reasonably, that all policies of insurance required by these Insurance
Conditions are in force, unamended and not cancelled, and that any premiums due therefore have been paid in full. File originals or signed, certified copies of all current policies and any other endorsements necessary to comply with these insurance specifications and any other requirements outlined elsewhere in the contract with the Fraser Valley Regional District, 45950 Cheam Avenue, Chilliwack, BC
V2P 1N6 and delivered within 30 days from the start of the project.
Evidence of Renewal: The Contractor shall furnish evidence of the renewal or extension The required policy(s) by certified copy of a renewal certificate(s) or by endorsement(s) to the policy(s) which is to be received by: the Project Manager (Name of Project), Fraser Valley Regional District at least thirty (30) days prior to the expiry date of the policy.
All insurance policies (except that under section 2(b)) under these Insurance Conditions shall contain an endorsement to provide all named insureds with prior notice of changes and cancellations, and such endorsement shall be in the following form : Notice to Fraser Valley Regional District.
"It is agreed that the coverage provided by this insurance shall not be changed or amended in any way nor cancelled until 30 days after notice of such change or cancellation has been given to all named insureds."
If the Contractor fails to comply with these Insurance Conditions in any respect, the Owner may, in its sole discretion, perform the Contractor's obligations under these Insurance Conditions, at the expense of the Contractor, which expense may be withheld by the Owner in accordance with the General
Conditions. Nothing in this section places any obligation on the Owner to act under this section or relieves the Contractor from its obligations under these Insurance Conditions.
The Contractor shall require all its Contractors and Subcontractors, of every description, to provide and maintain insurance as required by section 2(b) and (d) of these Insurance Conditions, and those sections shall, with respect to any such Contractors and Subcontractors, be read as if those sections referred to them.
The contractor shall be responsible for any and all deductibles payable in any of the foregoing policies.
Use and Occupancy: Use and occupancy of the work or any part thereof prior to the date of completion shall not be cause for any termination of insurance coverage shown in the applicable sections.
Primary Insurance: All the foregoing insurance will be primary and not require the sharing of any loss by any insurer of the Fraser Valley Regional District.
THE FRASER VALLEY REGIONAL DISTRICT ASSUMES NO RESPONSIBILITY FOR THE
ADEQUACY OF THE INSURANCE UNDER THIS AGREEMENT.
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