Fence Removal Kamloops, BC Canada Request for Proposals July 2015 GENERAL NOTICE: Owner: Kamloops Indian Band Development Corporation Suite 200 – 355 Chief Alex Thomas Way. Kamloops, B.C. V2H 1H1 Questions directly relating to any matter contained in this RFP shall be directed to: Shane Vincenzi Phone: 250 314 1525 Email: shane.vincenzi@kib.ca Responses to this RFP shall be submitted as follows: Hard Copies Delivered to: Kamloops Indian Band Development Corporation Attn: Shane Vincenzi Suite 200 – 355 Yellowhead Hwy. Kamloops, B.C. V2H 1H1 Electronic Copies: By email to: Shane.vincenzi@kib.ca Closing date and time: No later than 4pm, PST on Thursday, July 23rd, 2015.Proposals received after this time will be considered null and void and will not receive further consideration. Miss-deliveries, late, or faxed submittals will not be considered. Awarding: a. b. c. d. e. The RFP will be awarded in compliance with the Tk'emlúps te Secwepemc (TteS) procurement policies. An organization will be selected on Friday, July 24th, 2015. All offers will be notified in writing if their proposal has been rejected and are no longer considered for award. Owner reserves the right to interview firms prior to award. The Owner and its authorized representatives will review all proposals received, and may contact offers to request further information, either in written form or in the form of a presentation to the Owner. The Owner may accept any given proposal as submitted, or may negotiate with offer or to establish terms most advantageous to the Owner. The decision of the Owner shall be final and not subject to appeal. SCOPE OF SERVICES: The proposed project is the removal and subsequent sale (to the Contractor) of approximately 1,200 feet of 5’ high chain link fencing and all associated posts, ties and fence fabric. The Contractor shall be responsible for performing the Scope of Services as identified in the attached Schedule A of the General Services and Minor Construction Contract Agreement. COMMUNICATIONS: The Contractor shall meet with the project team at the beginning of the engagement to gather necessary information and ensure clear understanding by all parties of the engagement steps and timeline. The Contractor shall maintain contact as needed throughout the engagement to keep the project team informed regarding progress. QUALIFICATIONS: The Contractor shall include a description of their qualifications to complete the necessary work. Specific emphasis should be given to projects preformed on behalf of First Nations. Contractor shall specify the individual(s) responsible for completing the stated scope of services. COST PROPOSAL: The KIBDC expects that the salvage value of the chain link fence material is greater than the cost of the removal. In lieu of cash payment for removal services, The KIBDC will, by way of this agreement, grant ownership of the fence and all related fence materials, to the Contractor upon full completion of the contract. A cash payment to KIBDC for the fence materials (in addition to removal) can be included in the proposal should the Contractor deem the value of the fence materials to greatly exceed the cost of the removal. PROJECT SCHEDULE: The fence must be removed and the site must be clean and free from refuse by October 5th, 2015 at the latest. SELECTION PROCESS: Selections will be made based upon the Band’s assessment of the quality of the proposal and the Contractors experience in conducting similar projects. The Band reserves the right to reject any and all proposals and to either reopen the RFP process or choose not to pursue. LIMITING CONDITIONS: The Band is a sovereign government, and any and all contracts entered into as a result of this RFP shall comply with Band law, rules and regulations, as well as applicable federal and provincial law, rules and regulations. Contractor shall be an independent contractor, not an employee or agent of the Band, and any contract shall reflect same. Contractor agrees to treat all information received from the Band as confidential. Contractor shall use such information only for the specific purpose for which the Band furnished it to the Contractor. Submitting a proposal represents that you have fully reviewed, understand and accept the terms of this RFP. THIS AGREEMENT made this day of , 20 . BETWEEN: THE KAMLOOPS INDIAN BAND DEVELOPMENT CORPORATION (the “KIBDC”) AND (the “Contractor”) WHEREAS: KIBDC has requested contract services for work described below, and the Contractor has offered to provide services for compensation as outlined below. This document formalizes the agreement between the two parties on the following terms and conditions: IN CONSIDERATION of the following: This contract has been prepared and shall be interpreted in conformity with the Tk’emlúps te Secwepemc (TteS) Contracting Policy. 1. Location of Work: The location where the work will be performed is: Off-reserve (not on KIR#1, #2, #3, #4, #5, or #6) Kamloops Indian Band Office A location on KIR# 1 noted below: Lot 146 – 8 and Lot 146 in the Mount Paul Centre 2. Communications and Authority (1) All formal communication shall be in writing (including email) between the parties. All communication to KIBDC shall be delivered by hand or mailed to: Kamloops Indian Band Development Corporation #200 – 330 Chief Alex Thomas Way Kamloops, BC, V2H 1H1. (2) The KIBDC has appointed a Contract Administrator for this Contract. The Contract Administrator shall be considered for all purposes of the Agreement to have full power and authority to represent KIBDC under the terms hereof. KIBDC’s Contract Administrator is: Shane Vincenzi Name General Manager Position (3) The Contractor’s Contract Manager or other duly authorized representative responsible for the delivery of the Services is: _____________________________ Name __________________________ Position (4) The Contractor intends to utilize the following Subcontractors and suppliers in delivering the Services: None, or ________________________________ ________________________________ ________________________________ ________________________________ 3. Service Requirements and Payments (1) The Contractor shall provide the services as set out in Schedule “A” of this Contract (“the Services”), which may reasonably be modified at KIBDC’s discretion from time to time. (2) The Contractor shall provide prices and payment schedule for the Services in accordance with the format in Schedule “A”. (3) The Contractor shall provide the Services within KIBDC’s office hours, or other hours by mutual consent, as attached to this agreement. (4) The Contract price includes all compensation for expenses incurred in providing the Services. (5) The Contractor shall maintain records and produce reports as necessary in support of payment requests. (6) Payment shall be made by KIBDC for accepted work within 30 days of receipt of the Contractor’s invoice, subject to deficiency inspections and any resulting holdback amounts. 4. Supplementary Conditions (1) Supplementary Conditions to this Contract, if required, are set out in the attached Schedule “C”, and these take precedence over this standard Form of Agreement. (2) The Supplementary Conditions affect the following issues (indicated by checkmark or X): Statutory Holdback for Construction Contracts Deficiency Holdback for Construction Contracts Arrears Recovery Holdback Reporting Requirements Supplemental Insurance Requirements Permit Requirements Inspection Requirements Warranty Provisions 5. Changes in the Work (1) Changes to the project Services, Schedule, or Budget may be made by way of a written “Change Order” in writing approved and signed by both the Contractor and KIBDC’s Contract Administrator, in accordance with the TteS Contracting Policy. (2) No change in work shall be made by either the Contractor or the Owner without a valid Change Order. (3) Costs above the Contract Price contained in this Contract Agreement Schedule “A” will be borne by the Contractor, unless a valid Change Order is in place. 6. Contractor not an Employee of KIBDC (1) In agreeing to provide these services under this Contract the Contractor shall not be deemed to be an employee for any purpose. (2) The Contractor shall be in possession of a valid Business License. (3) The contractor shall maintain operational autonomy and have full discretion over the methods of providing the services, in accordance with acceptable industry standards and due regard for everyone’s safety. 7. Basic Insurance, Benefit premiums and Taxes (1) The Contractor must hold a valid driver’s license of the appropriate class while operating a vehicle in delivering services under this Contract. (2) The Contractor shall obtain, pay for, and maintain Worker’s Compensation Board coverage as applicable. (3) The Contractor, at his/her own expense throughout the term of this agreement, shall carry Comprehensive Vehicle Liability Insurance to at least $5,000,000 on any vehicle used in the delivery of services. (4) The Contractor, at his/her own expense throughout the term of this agreement, shall carry Comprehensive General Liability Insurance to at least $5,000,000. (5) Liability insurance shall name the Kamloops Indian Band Development Corporation as an additional named insured, and include the scope of work to be performed as set out in this agreement. The successful Contractor shall provide to KIBDC copies of the policy or policies for the above insurance as required by KIBDC. (6) The Contractor is responsible for submitting payments, to the appropriate offices, Employment Insurance (E.I.), Canada Pension plus any Provincial and Federal taxes, GST or any other benefits that may apply. 8. Termination of Agreement (1) This agreement shall continue in full force and effect from the date of signing, up to and including the 5th day of October , 2015 , unless terminated or completed sooner. (2) Termination may be effected by KIBDC immediately for “cause” or by giving thirty days notice in writing to the Contractor. “Cause” as used herein shall include, among other things, the Contractor’s breach of any of the requirements of this Contract Agreement. (3) The Contractor may also effect termination by giving thirty days notice in writing to KIBDC. (4) Upon termination of this agreement for any reason, the Contractor shall immediately transmit to KIBDC all reports and records and information gained and/or produced through the delivery of the services. THIS CONTRACT shall supersede all prior communications and agreements and there are no other terms outside of this Contract. IN WITNESS WHEREOF this agreement has been executed by both parties, by way of the duly authorized signatures below, THE KAMLOOPS INDIAN BAND DEVELOPMENT CORPORATION ) PER: ______________________________) << Signature #1 Authorized by the KIBDC Print Name ) ) ) ) ) ______ Title / Position ) ) Date PER: ______________________________) <<Signature #2 Authorized by the KIBDC ) ) ______ ) Print Name ) Title / Position ) ) ) Date THE CONTRACTOR Contractor Name PER: ______________________________) << Authorized Signature ) ) ______ Print Name ) Title / Position ) ) Date ) ) SCHEDULE “A” SCOPE OF SERVICES The Contractor will remove the sections of chain link fencing identified as bounding Lots 146-8 and 146 and as identified and marked by the KIBDC Contract Administrator. The Contractor will only remove the fencing as identified as part of this contract. All other fencing will remain in the ‘as found’ condition. The Contractor will remove the identified fencing in such a way as to minimize disturbance and/or damage to neighboring fencing. The Contractor will remove the line posts in their entirety, including any concrete used to set the posts in the original installation. The Contractor will remove the fence material in its entirety and will dispose of it in accordance with all local laws. The Contractor will not damage any existing buildings, signage, underground utilities or any other existing structures on the properties during the course of removal. The Contractor will be responsible for removing any waste generated by the Contractor during the course of removal. SCHEDULE “B” CONTRACTOR’S RESPONSE TO RFP