Three (3) complete copies of each Proposal must be received prior to 3 pm Pacific Time, April 17 th, 2014.

Transcription

1 REQUEST FOR PROPOSAL Project: WWTP Landscaping Design & Construction Request For Proposal #: R Date of Issue: March 26 th, 2014 Closing Location: by hand, mail or courier to: Regional District of Central Okanagan Reception 1450 KLO Road Kelowna, BC V1W 3Z4 Closing Date and Time: Three (3) complete copies of each Proposal must be received prior to 3 pm Pacific Time, April 17 th, Non-Mandatory Proponent s Meeting: April 7 th, 2014, 10:00AM at the main entrance to Westside Wastewater Treatment Plant, 4261 Gellatly Rd, West Kelowna, BC. Enquiries: all enquiries must be directed to: Andy Brennan Purchasing Manager 1450 KLO Road Kelowna, BC V1W 3Z4 Tel: Fax: andy.brennan@cord.bc.ca Note: Should any potential Proponent download this Request for Proposal, it is the Proponent s responsibility to check for Addenda, which will be posted on the Regional District of Central Okanagan s website (

2 TABLE OF CONTENTS PART A: INSTRUCTIONS TO PROPONENTS Regional District of Central Okanagan PART B: EVALUATION AND SELECTION PROCESS 1. Evaluation Committee 2. Evaluation And Selection Process 3. Evaluation Criteria PART C: FORM OF CONTRACT AND GENERAL CONDITIONS C1 Form of Contract C2 General Conditions Attachment A Progress Payment Statutory Declaration Attachment B Final Payment Statutory Declaration Attachment C Not Used Attachment D Certificate of Insurance PART D: SCOPE OF WORK 1. Background 2. Requirements / Project Scope 3. Attachment 1 WWTP Site Map 4. Attachment 2 Project Phases Map 5. Attachment 3 - Utilities As-Built Drawing 6. Attachment 4 Utilities Map 7. Attachment 5 Conceptual Landscape Design PART E: PROPONENT S RESPONSE 1. Proposal Format 2. Proponent Checklist Appendix A - Certification Document Appendix B - Conflict Of Interest Certification Appendix C - Remuneration Appendix D Preliminary Design Appendix E Schedule, Methodology & Team Appendix F Experience & References Page 2 of 65

3 This RFP document describes the Work sought by the Regional District of Central Okanagan, and sets out the Regional District s RFP process, evaluation and selection process, and Proposal requirements. PART A: INSTRUCTIONS TO PROPONENTS 1. Introduction An overview of the Regional District of Central Okanagan can be obtained from our website: WWTP: The Regional District Environmental Services Department operates the Westside Regional Wastewater Treatment Plant (WWTP). The plant is located at 4261 Gellatly Road and receives wastewater from the District of West Kelowna, the District of Peachland, and the Westbank First Nation Reserves #9 and #10. Project Summary: Through issue of this Request for Proposal, the Regional District is seeking Proposals from qualified Contractors to design and construct new and upgraded landscaping in the area surrounding the WWTP. The entire Scope of Work is split into 4 elements: Detailed Design Construction Phase 1 (2014) Construction Phase 2 (2015) Maintenance of Landscaping Proponents: The Regional District is seeking Proposals from teams of consultants and/or contractors to provide design and construction services to oversee the landscaping of the WWTP as outlined further in this Part D Scope of Work. The Regional District prefers that the team be led by one party with a designated Project Lead who will oversee all aspects of the project through design, construction and maintenance, and that, in the case of joint submissions, one party be named as the Contractor taking overall responsibility for the successful completion of the project across all phases. Part A Clause 27, Sub-Contracting provides further detail on Sub-contracting acceptable in this RFP. Page 3 of 65

4 Schedule: The required schedule for the work is as follows. Scope of Work Element: Schedule Detailed Design Construction Phase 1 Construction Phase 2 Maintenance No restrictions. Schedule to be proposed by Proponent. No restrictions. Schedule to be proposed by Proponent. Preference for work to occur in No restrictions. Schedule to be proposed by Proponent. Preference for work to occur in If work occurs in 2014, Contractor must accept that Progress Payment for this work cannot occur until after Jan 1, 2015 for budget reasons. Commences upon Total Completion of each Construction phase and continues as specified in Part D, Scope of Work. Budget: For all work outlined in this Part D Scope of Work, the Regional District has the following fully inclusive budget: Detailed Design and Construction Phase 1: maximum of $130,000 (incl.taxes) Construction Phase 2 and Maintenance: maximum of $ 78,000 (incl.taxes) Total: maximum of $208,000 (including taxes) 2. RFP Terms The Regional District of Central Okanagan has formulated the terms and procedures set out in this RFP to ensure that it receives Proposals through an open, competitive process, and the Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. Page 4 of 65

5 All terms contained in this Part A will apply to this Request for Proposal and to any subsequent Contract. Submission of a Proposal in response to this Request for Proposal indicates acceptance of all the terms contained herein. 3. Definitions Throughout this Request for Proposal, terminology is used as follows: a) Regional District means the Regional District of Central Okanagan; b) RFP means this Request for Proposal c) Contract means the written agreement, resulting from this RFP, in accordance with Part A, Clause 30 (Contract Award) d) Contractor means a successful Proponent to this RFP who enters into written Contract with the Regional District; e) must, mandatory, or required means a requirement that must be met in order for a Proposal to receive consideration; f) Proponent means an individual or a company that submits, or intends to submit, a Proposal in response to this RFP. g) Proposal means the Proponent s response to this RFP h) should or desirable means a requirement having a significant degree of importance to the objectives of the RFP. i) Scope of Work means the project of work described in Part D: Scope of Work, including the specifications. j) WWTP means the Westside Regional Wastewater Treatment Plant located at 4261 Gellatly Road, West Kelowna, B.C. 4. Not A Tender Call This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. By this RFP, the Regional District reserves to itself the absolute and unfettered discretion to invite submissions, consider and analyze submissions, select shortlisted Proponents or attempt to negotiate an agreement with the Successful Proponent as the Regional District considers desirable. Page 5 of 65

6 Without limiting the generality of the foregoing, the Regional District reserves the right to: Reject, consider or short-list any submission whether or not it contains all information required by this RFP; Require clarification where a submission is unclear; Reject any or all submissions without any obligation, or any compensation or reimbursement, to any Respondent, intended Proponent, or any other person associated with this RFP process; Disqualify or reject any submission without discussion with the submitting party; Reject any submission that the Regional District considers is not in its best interests; 5. No Obligation To Proceed Though the Regional District fully intends at this time to proceed through the RFP, the Regional District is under no obligation to proceed to the purchase, or any other, stage. The receipt by the Regional District of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) shall not impose any obligations on the Regional District. There is no guarantee by the Regional District, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the Regional District. 6. Regional District s Decision-Making Power The Regional District has the power to make any decision, or to exercise any contractual right or remedy, contemplated in this RFP at its own absolute and unfettered discretion. 7. Addenda And Subsequent Information Proponents are advised that all subsequent information regarding this RFP, including any addenda, will be distributed on the Regional District s webpage ( It is the Proponent s sole responsibility to check the Regional District s webpage regularly for any amendments, addenda, or questions and answers. All addenda should be acknowledged by Proponents in their submitted Part E, Appendix A - Certification Document. 8. Proponent s Meeting A meeting will be held for Proponents at the time and location specified on the front page of this Request for Proposal, in order to provide an overview of the RFP process, clarify the Scope of Work and answer any questions Proponent s may Page 6 of 65

7 have. Proponents are strongly encouraged to attend this meeting in order to ensure their Proposal meets the Regional District s requirements. Significant questions/answers and discussion from the meeting will be noted and posted through an addendum. 9. Enquiries All enquiries related to this Request for Proposal are to be directed, in writing, to the following person. Information obtained from any other source is not official and should not be relied upon. Enquiries and responses will be recorded and may be distributed through an addendum at the Regional District s option. Any questions regarding this RFP must be submitted at least five (5) working days prior to the closing date. Any questions submitted after this date may not be answered. Andy Brennan Purchasing & Fleet Manager Regional District of Central Okanagan 1450 KLO Road Kelowna, BC V1W 3Z4 Fax: (250) andy.brennan@cord.bc.ca 10. Closing Date And Time For Receipt Of Proposals Sealed Proposals, clearly marked on the outside of the envelope with the words R WWTP Landscaping Design & Construction will be received at Reception, Regional District of Central Okanagan, 1450 KLO Road, Kelowna, BC, V1W 3Z4 up until 3:00PM, Local Time April 17 th, Proposals will not be opened publicly. Proposals must not be submitted electronically by facsimile or . Proposals and their envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposal number, and the project or program title. 11. Anticipated Timeframes The following outlines the anticipated schedule for the Request for Proposal and Contract process. The timing and sequence of events resulting from this Request for Proposal may vary and shall ultimately be determined by the Regional District. Event Anticipated Date RFP Issued March 26 th, 2014 Site Meeting April 7 th, 2014 Last Date For Submission of Questions April 10 th, 2014 RFP Closes April 17 th, 2014 Notice of Award to successful Contractor April 29 th, 2014 Page 7 of 65

8 12. Late Proposals Late Proposals will not be accepted and will be returned to the Proponent. 13. Eligibility Proposals will not be evaluated if the Proponent s current or past corporate or other interests may, in the Regional District s opinion, give rise to a conflict of interest in connection with this project. 14. Negotiation Delay If a written Contract cannot be finalized within thirty days of notification of the successful Proponent, the Regional District may, at its sole discretion at any time thereafter, rescind the award with that Proponent and either sign a Contract with the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents. 15. Debriefing Unsuccessful Proponents may request a debriefing meeting with the Regional District. 16. Signed Proposals The Proposal must be signed by the person(s) authorized to sign on behalf of the Proponent and to bind the Proponent to statements made in response to this Request for Proposal. Please complete Part E, Appendix A - Certification Document. 17. Alternative Solutions If alternative solutions are offered, these must be submitted please in the same format, as a separate Proposal. 18. Changes To Proposal Wording The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the Regional District for purposes of clarification. 19. Working Language Of The Regional District The working language of the Regional District is English and all responses to this Request for Proposal must be in English. Page 8 of 65

9 20. Irrevocability Of Proposals By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful the Proponent will enter into a Contract with the Regional District. 21. Proposal Documents All documents submitted to the Regional District in response to this RFP or as part of any subsequent negotiation will become the property of the Regional District and will not be returned. Preliminary designs which are deemed proprietary to a Proponent will be kept confidential and not shared with any other Proponent following completion of this RFP process. 22. Proponent s Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Regional District, if any. If the Regional District elects to reject all Proposals, the Regional District will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 23. Limitation Of Damages Further to the preceding paragraph, the Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal and the Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent. 24. Firm Pricing Proposals must be firm for at least 60 days after the closing date. Prices will be firm for the entire Contract period. Proponents are solely responsible for ensuring Lump Sum Prices take into account any fluctuations in variable costs during the Contract period. 25. Currency And Taxes All Prices quoted are to be: a) in Canadian dollars; b) inclusive of duty, where applicable; Page 9 of 65

10 c) FOB destination, delivery charges included where applicable; and d) exclusive of GST for the work, but inclusive of any PST on goods or materials to be sourced by the Contractor and included in the works. Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a non-resident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the Regional District with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the Regional District will withhold the taxes it determines are required under the Income Tax Act (Canada). 26. Completeness Of Proposal By submission of a Proposal, the Proponent warrants that, if this Request for Proposal is to design, create or provide a system or manage a program, all components required to run the system or manage the program have been identified in the Proposal or will be provided by the Contractor at no charge. 27. Sub-Contracting a) Using a sub-contractor (who must be clearly identified in the Proposal) is acceptable. b) Joint submissions by more than one Proponent will not be accepted, and if two parties wish to submit a joint Proposal, then one party must be identified as the Contractor, with the other party identified as a Sub-Contractor. c) Any Sub-contracting of the service to any firm or individual after the award of a Contract must have prior approval by the Regional District. 28. Assignment This RFP and any resulting Contract may not be assigned by either party without the prior written consent and approval of the other party, which consent may not be unreasonable withheld; provided however, either party, without such consent, may assign or sell the same in connection with the transfer or sale of substantially its entire business to which this Contract pertains or in the event of its merger or consolidation with another company. Any permitted assignee shall assume all obligations of its assignor under the Contract. No assignment shall relieve any party of responsibility for the performance of any accrued obligation that such party then has hereunder. 29. Acceptance Of Proposal This Request for Proposal shall not be construed as an agreement to purchase goods or services. The Regional District is not bound to accept the lowest priced or any Proposal of those submitted. Proposals will be assessed based on the Page 10 of 65

11 evaluation and selection process. The Regional District will be under no obligation to receive further information, whether written or oral, from any Proponent. Neither acceptance of a Proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statute, regulation or by-law. 30. Contract Award The Contract is awarded and entered into without further act of either the Owner or the Proponent when the Owner delivers to the successful Proponent a Notice of Award. Notice of Award will be given in writing in accordance with the notice requirements set out in Part C Form of Contract and General Conditions and is not effective unless and until given in that manner. Before the Contractor begins the Work, and as a condition precedent to the right of the Contractor to begin the Work, the Contractor will execute and deliver the Form of Contract to the Owner, any performance security, the insurance certificate and a WorkSafe BC Clearance letter. If the Form of Contract and other documents are not executed and delivered within ten days after the Notice of Award has been given the Owner is entitled in his sole discretion to give notice to the Contractor terminating the Contract upon delivery of that Notice. 31. Liability For Errors While the Regional District has used considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Regional District, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. 32. Modification Of RFP Document Proponents who have obtained the Request for Proposal electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. The Regional District reserves the right to modify the terms of the Request for Proposal at any time at its sole discretion. 33. Ownership Of Proposals And Freedom Of Information All documents, including Proposals, submitted to the Regional District become the property of the Regional District. They will be received and held in confidence by the Regional District, subject to the provisions of the Freedom of Information and Protection of Privacy Act. Page 11 of 65

12 34. Use Of Request For Proposal This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals. 35. Confidentiality of Information All Proponents and any other person who through this RFP process gains access to confidential financial information belonging to the Regional District are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans, learned through this RFP process. This requirement will continue with respect to such information learned by the successful Proponent, if any, over the course of any Contract for service which arises out of this RFP process. Information pertaining to the Regional District obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization from the Regional District. 36. Conflict Of Interest Any potential conflict of interest must be disclosed to the Regional District in writing through the use of Part E, Appendix B - Conflict of Interest Certification. Any conflict of interest identified will be considered and evaluated by the Regional District. The Regional District has the sole discretion to take the steps they deem necessary to resolve the conflict. If, during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the Regional District immediately in writing of that conflict or risk and take any steps that the Regional District reasonably requires to resolve the conflict or deal with the risk. 37. Contacts During The RFP Process Only the Purchasing Manager for the Regional District (or designate) is the Regional District s representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other Regional District representatives, including Members of The Board, officers or employees of the Regional District regarding this RFP or a Proponent s submission will result in that Proposal being removed from consideration for this and any future competitions. In the case of a Proponent having a dispute with their submission being removed under this clause, a formal appeal letter must be presented to the Purchasing Manager within five working days of notice of removal, stating clearly the reason(s) that they feel that their submission should be reinstated. Under this process the Page 12 of 65

13 Regional District Chief Administrative Officer, at his/her sole discretion, will make the final decision. 38. Laws Of British Columbia This Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of British Columbia. 39. Form of Contract and General Conditions Part C of this RFP contains the Form of Contract and General Conditions the Regional District proposes to enter into with the successful Proponent, pursuant to Part A, Clause 30 (Contract Award). By submitting a Proposal, the Proponent agrees to all terms and conditions in Part C: Form of Contract and General Conditions. If a Proponent requires amendment to any terms in Part C: Form of Contract and General Conditions, it must clearly state such proposed amendments in its Proposal. Significant amendments may adversely impact the Proponent s evaluation score or may be grounds for the Regional District to reject a Proposal. The Regional District is not bound to accept any Form of Contract and General Conditions amendments proposed. 40. Evaluation The Evaluation process and criteria is detailed in Part B: Evaluation and Selection Process. By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Evaluation Team will be final and binding. It is the Proponent s responsibility to ensure that their submitted Proposal addresses all evaluation criteria to receive full consideration. 41. Performance Bond & Labour and Material Payment Bond: Prior to the start of the Contract, the Contractor will be required to deliver to the Regional District a Performance Bond and a Labour and Material Payment Bond, each in the amount of 50% of the Total Contract Price, covering the performance of the Work. The Labour and Material Payment Bond shall expire upon Total Completion of Phase 2, assuming no claims have been made in accordance with the bond. The Performance Bond shall, upon Substantial Completion of Phase 2, reduce to 20% and continue to cover the Contractor s obligations during the Maintenance Period, which shall be 12 months from Phase 2 Substantial Completion. Page 13 of 65

14 All bonds will be issued by a corporation licensed to carry on the business of surety in British Columbia. Only bank drafts, certified cheques or clean, irrevocable bank letters of credit are considered cash equivalents. Letters of credit must be in a format preapproved by the Regional District. Within 2 days of receipt of the written Notice of Award from the Regional District, the Contractor may be requested to supply proof of their ability to provide the bonds detailed above. 42. Bid Security There is no bid security or bid bond required as part of this RFP Process. Page 14 of 65

15 PART B: EVALUATION AND SELECTION PROCESS 1. Evaluation Committee Evaluation of Proposals will be by a committee formed by the Regional District and may include a representative of the Purchasing Department. 2. Evaluation And Selection Process Proposals will be checked against the Mandatory Criteria listed in this Part B. Proposals not meeting all Mandatory Criteria will be rejected without further consideration. Proposals that do meet all the Mandatory Criteria will then be assessed and scored against the Scored Evaluation Criteria listed in this Part B. The Regional District s intent is to enter into a Contract with the Proponent who has the highest overall score. 3. Evaluation Criteria The following criteria, shown in order of importance, form the basis upon which evaluation of Proposals will be made: 4.1 Mandatory Criteria The following are mandatory requirements. Proposals not clearly demonstrating that they meet them will receive no further consideration during the evaluation process. Mandatory Criteria: Completed Part E, Appendix A Certification Document Completed Part E, Appendix B Conflict of Interest Certification 4.2 Scored Evaluation Criteria Proposals meeting the Mandatory Criteria will be further assessed against the following Scored Evaluation Criteria. The relative weighting for each criterion is also given. Scored Criteria: Weight Response to Appendix C - Remuneration 40% Response to Appendix D Preliminary Design 30% Response to Appendix E Schedule, Methodology 20% & Team Response to Appendix F Experience and 10% References Page 15 of 65

16 PART C: FORM OF CONTRACT AND GENERAL CONDITIONS Regional District of Central Okanagan This Part C of the RFP contains the Form of Contract and General Conditions the Regional District proposes to enter into with the successful Proponent, pursuant to Clause 39 (Form of Contract & General Conditions) of Part A: Instruction to Proponents. RDCO Minor Works Contract Page 16 of 65

17 PART C1: FORM OF CONTRACT Note: Blanks in this Part C will be completed by the Regional District after Contract Award. Proponents are not required to complete any information in this Part C. THIS AGREEMENT made this day of, is BETWEEN: AND: REGIONAL DISTRICT OF CENTRAL OKANAGAN 1450 K.L.O Road Kelowna, B.C. V1W 3Z4 (Hereinafter called the Owner ) (Hereinafter called the Contractor ) THIS AGREEMENT is evidence that in consideration of the promises exchanged below, the Owner and the Contractor agree with each other as follows: 1. Agreement: The Owner wishes to award a Contract to the Contractor for the supply of the Scope of Work related WWTP Landscaping Phases 1 and 2, as described in the Request for Proposal issued on and the Contractor s Proposal dated, and the Contractor wishes to contract with the Owner to supply such services and materials. 2. Term: This Contract shall commence on and expire upon completion of the Scope of Work by the Contractor. Substantial Completion of Phase 1 of the work is to be achieved by. Substantial Completion of Phase 2 of the work is to be achieved by. 3. Remuneration: For the supply of the Scope of Work outlined, the Regional District shall pay the Contractor the Total Contract Price of as outlined in the Contractor s Proposal dated. 4. Terms: a) In this Agreement, any word or expression with a capitalized first letter that is not defined in this Agreement has the meaning given to it in the General Conditions appended to this Agreement. RDCO Minor Works Contract Page 17 of 65

18 b) Subject to the terms and conditions of the Contract, the Contractor agrees to perform the Work in accordance with the Contract in consideration of the payments to be made by the Owner to the Contractor. c) The Owner agrees to pay the Contractor for performance of the Work, subject to the terms and conditions of the Contract, in the amounts and in the manner specified by the Contract. As evidence of their agreement to be bound by the above terms and conditions, the parties have executed and delivered this Agreement on the dates set out below: Signatures for the REGIONAL DISTRICT OF CENTRAL OKANAGAN were here to affixed: Authorized Signatory Print Name Title ) Date Signatures for [CONTRACTOR NAME] were here to affixed: ) ), BY Authorized Signatory ), Print Name: ) IN THE PRESENCE OF THE FOLLOWING WITNESS: Authorized Signatory Print Name Title ) Signature of Witness ) Name of Witness (please print) ) Address of Witness (please print) ) ) Date Date Executed: END OF CONTRACT FORM Page 18 of 65 RDCO Minor Works Contract

19 PART C2: GENERAL CONDITIONS TABLE OF CONTENTS 1. DEFINITION OF TERMS, DOCUMENT PRECEDENCE & DISCRETION CONTRACTOR'S GENERAL OBLIGATION ASSIGNMENT AND SUBCONTRACTING CONTROL OF WORK AND SUPERVISION COOPERATION WITH OTHER CONTRACTORS OWNER'S REPRESENTATIVE DELAY, NON-COMPLIANCE OR BREACH BY THE CONTRACTOR CHANGES IN SOIL CONDITIONS AND DELAY BY THE OWNER INSPECTION AND REPLACEMENT SUSPENSION OR TERMINATION OF CONTRACT BOND NOTICE RECORDS TO BE KEPT EXTENSION OF TIME CERTIFICATE OF SUBSTANTIAL COMPLETION WARRANTY AND RECTIFICATION OF DEFECTS WORK CHANGES PRICE CALCULATION AND ADJUSTMENTS NO ADDITIONAL PAYMENTS PAYMENTS CERTIFICATE OF TOTAL COMPLETION INDEMNIFICATION PROPERTY OF THE OWNER BYLAWS AND PERMITS WORKPLACE SAFETY AND ENVIRONMENTAL MATTERS INSURANCE NOTICE TIME DELAY WAIVER SUCCESSORS JOINT AND SEVERAL OBLIGATIONS APPLICABLE LAW RDCO Minor Works Contract Page 19 of 65

20 1. DEFINITION OF TERMS, DOCUMENT PRECEDENCE AND DISCRETION 1.1 In the Contract: a. "Addendum" means a document issued under the Request For Proposal, Part A: Instructions to Proponents, Clause 7. b. "Closing Time" means the deadline specified for receipt of Proposals by the Owner in the Request for Proposal; RDCO Minor Works Contract c. "Certificate of Substantial Completion" means the Certificate of Substantial Completion issued under GC14; d. Certificate of Total Completion means a certificate of Total Completion issued under GC20; e. "Completion Date" means the date for Total Completion of the Work set out in the Contract; f. "Construction Schedule" means the schedule of performance of the Work submitted by the Proponent as part of its Proposal; g. "Contract" means the contract for performance of the Work to Total Completion that is entered into between the Owner and the Contractor, which contract is on the terms and conditions contained in the Contract Documents; h. "Contract Documents" means i. Request For Proposal; ii. Instructions to Proponents; iii. Contractor s Proposal; iv. Form of Contract; v. General Conditions; vi. Specifications; and vii. any Special Conditions; i. Contractor" means the Proponent to whom the Contract has been awarded in accordance with the Request For Proposal, Part A: Instructions to Proponents, Clause 30 (Contract Award); j. "Form of Contract" means the document with that name contained in the Contract Documents; k. "GC" is, when used in conjunction with a numeral, a reference to the section of the General Conditions with the same numeral; l. "General Conditions" means the Contract terms and conditions of that name that are contained in the Contract Documents; Page 20 of 65

21 m. "Request for Proposal" means the notice published or communicated by the Owner by which the Owner invited Proposals for the Contract; n. "Notice of Award" means the notice of award of the Contract given in accordance with the Request For Proposal, Part A: Instructions to Proponents, Clause 30 (Contract Award); o. "Owner" means the Regional District of Central Okanagan; p. "Owner's Representative" means, subject to GC1.2, the person designated by the Owner in the Notice of Award as the Owner's representative for the Contract, and includes any other person expressly authorized by that person to act on that person's behalf; q. "Special Conditions" means any Contract terms and conditions of that name that are contained in the Contract Documents; r. "Specifications" means any drawings or specifications, or both, for the Work contained in the Contract Documents; s. "Proposal" means a Proposal submitted to the Owner in accordance with the Request for Proposal; t. "Contractor s Proposal" means the Contractor s Proposal contained in the Contract Documents and any appendices to it that are expressly contemplated by the Contract Documents; u. "Proponent" means anyone who submits a Proposal; v. Total Completion means total and satisfactory completion of the Work in accordance with the Contract Documents, as determined by the Owner s Representative under these General Conditions; w. "Substantial Completion" means substantial performance of the Work as determined by the Owner s Representative determined by in accordance with the Builders Lien Act (British Columbia); x. "Work" means the project of work described in the Contract Documents, including the Specifications; and y. "Work Change" means a change in the Work ordered in writing by the Owner's Representative under the General Conditions, that is: i. a deletion from the Work; or ii. an addition to or revision of the Work which is within the general scope of the Contract but does not, in either of the above cases, include a variation in quantity of unit price items. RDCO Minor Works Contract Page 21 of 65

22 1.2 If the Owner does not designate anyone in the Notice of Award as the Owner's Representative for the Contract, the Environmental Services Manager of the Owner is the Owner's Representative. 1.3 If there is any conflict or inconsistency within or between any of the Contract Documents, the following order of priority among documents, proceeding from highest to lowest priority, applies, and a Contract Document with higher priority prevails over a Contract Document with lower priority to the extent of any conflict or inconsistency: a) any Special Conditions; b) General Conditions; c) specifications included within the Specifications; d) drawings included within the Specifications; e) drawings of larger scale prevail over drawings of smaller scale of the same date; f) dimensions shown on drawings prevail over dimensions scaled from drawings; g) later dated documents prevail over earlier documents of the same kind; h) Contractor s Proposal; i) Instructions to Proponents; and j) Request for Proposal 1.4 In respect of the Contract, any act, decision, consent or exercise of discretion by a party must be performed, made or exercised acting reasonably unless the Contract expressly provides that the act, decision, consent or exercise of discretion is in the "sole discretion" of that party, in which case that party is under no duty to act fairly, reasonably or in good faith and may act unreasonably, in its absolute and unfettered discretion. 1.5 For clarity, the Contractor and the Owner agree that the terms and conditions of the Contract are as set out in these General Conditions and in the other Contract Documents. 2. CONTRACTOR'S GENERAL OBLIGATION 2.1 The Contractor at its risk and expense must perform the Work to Total Completion, including by doing everything, and supplying all personal property, necessary to do so, in accordance with the Contract Documents and on or before the Completion Date. Without limiting the generality of the foregoing, the Contractor must use only new materials in performance of the Work and must perform the Work applying generally accepted best standards and practices in the British Columbia construction industry for work such as the Work. The Contractor must begin the Work within 10 days after Notice of Award is given to RDCO Minor Works Contract Page 22 of 65

23 the Contractor, or within such greater period as the Owner's Representative may allow in his or her sole discretion. 3. ASSIGNMENT AND SUBCONTRACTING 3.1 The Contract may not be assigned without the prior written consent of the Owner's Representative, and none of the Work may be sub-contracted by the Contractor without the prior written consent of the Owner's Representative, except to the extent, if any, the Contractor listed sub-contractors or suppliers in the Contractor's Proposal and uses those sub-contractors or suppliers. Every sub-contract must incorporate all the terms and conditions of this Contract as far as reasonably applicable and with the necessary changes. Without limiting the generality of GC10, if the Contractor uses a sub-contractor or supplier not listed in the Contractor's Proposal, the Owner's Representative may in his or her sole discretion terminate the Contract in accordance with GC CONTROL OF WORK AND SUPERVISION 4.1 The Contractor is solely responsible for proper performance of the Work to Total Completion in accordance with GC2 and the rest of the Contract Documents and must effectively direct and supervise the Work so as to ensure Total Completion. Without limiting the generality of the foregoing, the Contractor is solely responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work during its performance. The Contractor must keep a qualified competent and experienced superintendent on the site of the Work at all times during the performance of the Work, unless otherwise authorized in writing by the Owner's Representative. The superintendent must supervise and direct performance of the Work in accordance with the Contract Documents. The superintendent must be qualified, competent and experienced and be acceptable to the Owner's Representative and must have the authority to receive on behalf of the Contractor any communication in respect of the Contract. Any superintendent or worker not acceptable to the Owner's Representative because of incompetence, improper conduct or security risk must be removed from the site of the Work and replaced at once if the Owner's Representative so requires. 4.2 The Contractor must at all times monitor the progress of the Work in relation to the Construction Schedule and must update the Construction Schedule whenever required by the Owner's Representative in order to ensure that Total Completion will be reached on or before the Completion Date. The Contractor must at all times keep the Owner's Representative informed as to the progress of the Work, including in relation to the Construction Schedule, and must provide the Owner's Representative with all records and documentation the RDCO Minor Works Contract Page 23 of 65

24 Owner's Representative from time to time requires be provided in relation to performance of the Work and the Construction Schedule. 4.3 The Contractor must at all times keep the Work site neat and clean and, without limiting the generality of the foregoing, must daily remove all waste material that originates from the Work and dispose of it in accordance with all applicable enactments. After Total Completion, the Contractor must promptly remove from and around the Work site any waste materials, personal property and equipment and must leave the Work site neat, clean and in a safe condition. 4.4 The Contractor shall make every effort to reduce the amount of waste resulting from the performance of the Work. 5. COOPERATION WITH OTHER CONTRACTORS 5.1 The Contractor must cooperate fully with other contractors or workers sent onto the site of the Work by the Owner's Representative. If presence on the Work site of other Contractors and works could not have been reasonably foreseen by the Contractor when entering into the Contract, and if, in the opinion of the Owner's Representative, the Contractor has incurred additional expense by such action, and the Contractor has given written notice of claim within 30 days of such action, the Owner must pay the additional expense to the Contractor calculated in accordance with GC OWNER'S REPRESENTATIVE 6.1 The Owner's Representative has the Owner's authority to act on the Owner's behalf with respect to the Contract and, without limiting the generality of the foregoing, the Owner's Representative is entitled: RDCO Minor Works Contract a) to have access to and inspect the site of the Work, and the Work, at all times and the Contractor must provide the Owner's Representative with full information and assistance so the Owner's Representative may ensure that the Work is performed in accordance with the Contract, b) to decide whether anything has been done as required by the Contract or to decide what the Contractor is required by the Contract to do, including questions as to the acceptability of the quality and quantity of any labour, equipment or material used in the Work and the timing and scheduling of the Work c) in the Owner's Representative's sole discretion, to order additional Work or dispense with or change all or any part of the Work, Page 24 of 65

25 d) for the purposes of progress payments and final payment, to determine the actual quantities of the Work, where the Contract is a unit price contract, and certify the amounts payable to the Contractor, and e) if the Owner's Representative determines that the Contractor is not performing the Work in accordance with the Construction Schedule, or is otherwise not performing the Work in a manner that will permit Total Completion on or before the Completion Date, to give notice to the Contractor directing the Contractor to do everything necessary, including as may be specified in that notice, to expedite performance of the Work in order to reach Total Completion on or before the Completion Date. f) The Contractor must comply with any determination, decision or direction of the Owner's Representative given under this section. 7. DELAY, NON-COMPLIANCE OR BREACH BY THE CONTRACTOR 7.1 If the Contractor delays in the commencement, performance or completion of the Work, fails to comply with a direction or decision of the Owner's Representative, or is otherwise in breach of the Contract, then, subject to GC7.2, the Owner's Representative may, at the Contractor's expense, do such things as the Owner's Representative deems necessary to correct the Contractor's breach, including by causing the Work to be performed by the Owner's forces or by another party. The Contractor must reimburse the Owner for all costs, expenses and damage incurred or sustained by the Owner by reason of the Contractor's breach or in correcting the breach. 7.2 If the Contractor's delay, failure or Contract breach continues for 5 days after notice of it has been given to the Contractor by the Owner's Representative and the Contractor is not, in the sole opinion of the Owner's Representative, diligently proceeding with a cure of the breach to the Owner's Representative's satisfaction, the Owner's Representative may, without it constituting termination of the Contract, take all or any part of the Work out of the Contractor's hands and may employ such means as the Owner's Representative considers desirable to perform the Work or part of it. The cost of performing the Work, or part of it, taken out of the Contractor's hands must be deducted from any balance of the Contract Price not yet payable to the Contractor. If the cost of performing the Work, or part of it, taken out of the Contractor's hands exceeds any balance of the Contract Price not yet paid, the excess is a debt due and owing by the Contractor to the Owner. 7.3 Without limiting the generality of GC7.1 if the Owner's Representative at any time determines that the Contractor is not performing the Work in accordance RDCO Minor Works Contract Page 25 of 65

26 with the Construction Schedule, so that Total Completion will not be reached on or before the Completion Date, GC10 applies. 8. CHANGES IN SOIL CONDITIONS AND DELAY BY THE OWNER 8.1 Subject to GC8.2 a) (i), the Contractor agrees that it is the sole responsibility and risk of the Contractor to examine the Work site and the actual Work site conditions, including soil conditions, before beginning performance of the Work and the Contractor represents and warrants to, and agrees with, the Owner that the Contractor is for all purposes conclusively to be considered to have conducted an examination of the Work site and to have informed itself as to the risks and contingencies, and all other data, matters and things, respecting the Work site and any other aspects of the Work necessary to properly perform the Work to Total Completion. Any failure by the Contractor to do any of the matters just described does not relieve the Contractor of the obligation to properly perform the Work to Total Completion. The Owner is not liable for any expense, damage or loss incurred as a result of any misunderstanding or error by the Contractor regarding the Work or conditions affecting it, including Work site conditions. 8.2 No payment is to be made to the Contractor for any expense, loss or damage incurred for any reason unless a) the Owner's Representative certifies, in the Owner's Representative's sole discretion, that the expense, loss or damage is caused by (i) a substantial difference between the actual Work site conditions, including soil conditions, and the Work site conditions indicated by the Specifications, and the Owner's Representative certifies that the difference could not, in light of GC8.1, reasonably have been identified or anticipated by the Contractor; or (ii) neglect or delay by the Owner, occurring after the date of delivery of the Notice of Award, in providing any information or doing any act which is required expressly by the Contract; and b) the Contractor has, within 5 days after that discovery or event, given written notice to the Owner's Representative of a claim for the expense, loss or damage. The amount of any payment to be made under this GC8 is to be calculated in accordance with GC17. RDCO Minor Works Contract Page 26 of 65

27 9. INSPECTION AND REPLACEMENT 9.1 The Owner's Representative may inspect or test the Work performed under the Contract at any time. The Contractor must give the Owner's Representative sufficient notice of any approaching stage of the Work that could prevent the Owner's Representative from inspecting or testing the Work, in order to enable the Owner's Representative to properly inspect or test the Work. Whenever required by the Owner's Representative, the Contractor must open up and expose any part of the Work for inspection or testing. 9.2 The Owner's Representative may require the Contractor to submit clearly marked samples and test specimens of equipment or materials intended to be incorporated, or incorporated in the Work in the quantity and size necessary to allow proper inspection and testing of the samples and specimens. The Contractor must whenever required by the Owner's Representative deliver the manufacturer's specifications and any other information respecting the equipment or materials the Contractor intends to incorporate in the Work. 9.3 The obligations of the Contractor under the Contract are not affected by any inspection, testing or acceptance of equipment or materials by the Owner's Representative or by the failure of the Owner's Representative to inspect or test equipment or materials. 9.4 Without affecting GC15, the Contractor must promptly, on the direction of the Owner's Representative: a) remove and replace, or remove and modify, any part of the Work that the Owner's Representative determines is not in accordance with the Contract, in order to make it in accordance with the Contract; b) restore all Work, and the work of others, that is disturbed or damaged in the course of removal, replacement or modification of unsatisfactory Work; and c) bear all risks and expenses connected with performance by the Contractor of any acts under GC9.4 (a) or (b), or both. 9.5 If the Owner's Representative determines that the Contractor has not performed its obligations under GC9.4promptly, the Owner may perform those obligations at the expense of the Contractor and the Owner s costs of doing so shall be a debt due and owing by the Contractor to the Owner. 10. SUSPENSION OR TERMINATION OF CONTRACT RDCO Minor Works Contract Page 27 of 65

28 10.1 The Owner's Representative may upon notice to the Contractor suspend the Contract at any time and the Contractor must comply with that notice immediately by ceasing performance of the Work. Upon ceasing performance of the Work, the Contractor must take all steps reasonably necessary to protect all portions of the Work from damage or destruction by natural or human causes. If the Owner's Representative suspends the Work for 30 days or less, the Contractor must complete the Work when called upon to do so. If the Owner's Representative suspends the Work for a period in excess of 30 days, the Contractor may request the Owner to terminate the Contract and GC10.2 applies Despite the rest of the Contract, the Owner may terminate the Contract, in the Owner s sole discretion, or the Owner may terminate the Contract for cause, because of any breach of the Contract by the Contractor, the insolvency of the Contractor, or the commission of an act of bankruptcy by the Contractor. If the Owner terminates the Contract for cause, the obligation of the Owner to make payments to the Contractor ceases and no further payment is due to the Contractor unless the Owner's Representative certifies that the payment is a progress payment due and owing to the Contractor in accordance with GC19, in which case that GC applies, but the Owner is still entitled to deduct from any such payment any damages or loss caused to the Owner by the Contractor's breach of the Contract, insolvency or bankruptcy. Termination under this GC10 does not relieve the Contractor of any Contract obligations other than the Contractor's obligation to complete the Work. If the Owner terminates the Contract for cause, the Owner may complete the Work as the Owner's Representative considers desirable and all costs and damages incurred by the Owner to complete the Work must be paid by the Contractor to the Owner at once on demand ARBITRATION All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act. 11. BOND NOTICE 11.1 If a labour and material payment bond is required under the Contract, the Contractor must post on the site of the Work a notice of the bond's existence, which must include the name and address of the surety, a definition of the persons protected by the bond and an outline of the procedure for submitting a claim. RDCO Minor Works Contract Page 28 of 65

29 12. RECORDS TO BE KEPT 12.1 The Contractor must throughout performance of the Work, and for a period of two years from the date of issuance of the Certificate of Total Completion, maintain and keep full documentation (including accounts) and information in respect of the performance of, and the Contractor's estimates of actual costs of, the Work and make them available for copy, audit or inspection by any persons acting on behalf of the Owner. 13. EXTENSION OF TIME 13.1 The Owner's Representative may, in the Owner's Representative's sole discretion, at the request of the Contractor before the Completion Date extend the time for Total Completion. Whether or not the Owner's Representative grants an extension, the Contractor must, except to the extent that the Owner's Representative determines that the need for an extension was due to causes beyond the reasonable control of the Contractor, pay to the Owner: a) an amount equal to inspection costs relating to the Work incurred by the Owner after the original Completion Date; and b) compensation for any cost, loss or damage to the Owner caused by failure of the Contractor to complete the Work by the original Completion Date. 14. CERTIFICATE OF SUBSTANTIAL COMPLETION 14.1 The Owner s Representative shall, not later than 10 days after a written application from the Contractor for a Certificate of Substantial Completion, inspect and assess the Work to verify the validity of the application and either: RDCO Minor Works Contract a) issues the Certificate of Substantial Completion; or b) if the Owner s Representative decides that Substantial Completion has not been achieved, consult with the Contractor and advise the Contractor of the Work required to achieve Substantial Completion The Contractor may, after performing the Work required under GC14.1 b) reapply for the Certificate of Substantial Completion and the provisions of GC14.1 shall apply to the reapplication Before applying for the Certificate of Substantial Completion, the Contractor, in consultation with the Owner's Representative, shall confirm the matters Page 29 of 65

30 remaining to be completed and timing of them so as to achieve Total Completion A certificate of Substantial Completion will be issued for each of the 2 Construction Phases of the work, as detailed in Part D Scope of Work in the RFP. 15. WARRANTY AND RECTIFICATION OF DEFECTS 15.1 The Contractor warrants and guarantees to the Owner that the Work is free from all defects arising from faulty construction, manufacturing, installation, materials or workmanship which appear within the Maintenance Period, which is 12 months after the date on which the Certificate of Total Completion for Construction Phase 2 is issued or such longer period, but not shorter, as may be specified in the Contract Documents. The Contractor must, promptly after notice from the Owner's Representative, and within such time as is specified in that notice, rectify at the Contractor's risk and expense any defects or faults which appear in the Work within 12 months after the date on which the Certificate of Total Completion is issued or such longer period, but not shorter, as may be specified in the Contract Documents. The Contractor warrants and guarantees that any remedial work performed under this section is free from all defects arising from faulty construction, manufacturing, installation, materials or workmanship and the rest of this GC applies, with the necessary changes, to remedial work. 16. WORK CHANGES 16.1 At any time after the Notice of Award, but before issuance of the Certificate of Substantial Completion, the Owner's Representative may give notice to the Contractor ordering the Contractor to perform a Work Change and the Contractor must promptly after the notice is given begin performance of that Work Change and prosecute it to Total Completion in accordance with the notice Any Work Change is, for all purposes of the Contract, considered to be part of the Work and all of the provisions of the Contract apply to that Work Change The Contractor is entitled to be paid for any Work Change that is an addition to or revision of the Work, but not any Work Change which is a deletion from the Work. The Contractor is entitled to be paid for any Work Change in accordance with the GC17. RDCO Minor Works Contract Page 30 of 65

31 17. PRICE CALCULATION AND ADJUSTMENTS 17.1 The Contractor acknowledges and agrees that quantities of the Work set out in the Contract Documents are estimates only and that the Owner has made no representation, and gives no warranty or covenant, that the actual quantities of Work performed by the Contractor will be the same as those estimated If the Contract is a unit price contract: RDCO Minor Works Contract a) the amount payable to the Contractor for the Work is to be calculated by multiplying the unit prices set out in the Contractor s Proposal Appendix C - Remuneration by the actual quantities of Work of such units as certified by the Owner's Representative in the certificate of measurement, b) the Owner and the Contractor may, by agreement in writing, (i) add to the unit price items in the Contractor s Proposal Appendix C - Remuneration other items of Work, classes of labour, units of measure, estimated quantities or prices per unit, and (ii) if the actual quantities certified by the Owner's Representative exceed or are less than the estimated quantities in respect of any unit price item shown in the Contractor s Proposal Appendix C - Remuneration by more than 20%, amend the unit prices for such items, but if the actual quantities exceed or are less than the estimated quantities by more than 20%, any amendment to the unit prices applies only to the actual quantities in excess of or less than 120% of the estimated quantities, c) where the Owner's Representative and the Contractor fail to agree on the amount of any adjustment as contemplated by this GC, the revised or new prices per unit must be determined in accordance with GC18, d) the Contractor is entitled to be paid for any Work Change in accordance with unit prices set out in the Contractor s Proposal Appendix C - Remuneration for the items of Work within the Work Change, with the Owner's Representative being responsible for certification of actual quantities of those unit prices performed in the Work Change as provided in GC16. If the unit price items in the Contractor s Proposal Appendix C - Remuneration do not contain items of Work, classes of labour, or units of measure, contained in the Work Change, GC17.2 (b) applies; and e) the Contractor is entitled to be paid for excavation of any material only to neat lines of excavation as stipulated in the Specifications If the Contract is a Lump Sum Price contract: Page 31 of 65

32 a) the amount payable to the Contractor for the Work is the Lump Sum Prices set out the Contractor s Proposal Appendix C - Remuneration, and b) if the Contractor is ordered to perform a Work Change, the amount payable to the Contractor for performance of the Work Change is to be the amount agreed upon by the Owner and the Contractor, but if the Owner and the Contractor cannot agree on that amount, the amount payable is to be the total of the reasonable and proper costs incurred, or legally payable, by the Contractor directly attributable to Completion of the Work Change, as certified by the Owner's Representative, plus 10% of those costs to cover profit and overhead, including finance and interest charges. 18. NO ADDITIONAL PAYMENTS 18.1 No amount in addition to the Contract price determined under GC17 is payable to the Contractor in respect of performance of the Work and the Contract unless these General Conditions expressly provide otherwise. If these General Conditions expressly provide otherwise, any such amount must, if the Contract is a unit price contract, be based on the unit prices set out in the Contractor s Proposal Appendix C - Remuneration, with the amount not to exceed that calculated by multiplying the relevant unit prices by actual quantities of Work, as certified by the Owner's Representative. Where the amount is in respect of delay caused to the Contractor by neglect or delay by the Owner, the Owner's Representative and the Contractor may agree on the amount payable. Failing such agreement, the amount payable is to be the total reasonable and proper costs incurred, or legally payable, by the Contractor directly attributable to the matter in question, as certified by the Owner's Representative, plus 10% of those costs to cover profit and overhead, including finance and interest charges The amount payable to the Contractor under the Contract must not be increased or decreased because of any increase or decrease in the cost of the Work brought about by an increase or decrease in the cost of equipment, services, labour or materials, except if any tax or levy that affects the cost of any materials incorporated in or to be incorporated in the Work imposed under the Excise Act (Canada), the Excise Tax Act (Canada), the Old Age Security Act (Canada), the Customs Act (Canada) Tariff, or the Social Services Tax Act (British Columbia) is made public after the Proposal closing time an appropriate adjustment may be made in the Owner's sole discretion. 19. PAYMENTS RDCO Minor Works Contract Page 32 of 65

33 RDCO Minor Works Contract Regional District of Central Okanagan 19.1 If the Contract price is $5, or less, the Contractor is entitled to payment only after the Certificate of Substantial Completion has been issued If the Contract price exceeds $5,000.00, the Contractor is entitled to receive progress payments by submitting progress claims at monthly intervals, which must be approved by progress payment certificates issued by the Owner's Representative at monthly intervals. The Owner's Representative must not issue a progress payment certificate unless the Contractor's progress claim is accompanied by a statutory declaration sworn by a knowledgeable person on behalf of the Contractor, and by any further proof the Owner's Representative may require in the Owner's Representative's sole discretion, that all financial obligations, debts and payments payable by the Contractor in respect of the part of the Work that has been performed to the date of the Contractor's progress claim have been fully paid and that the Contractor is not aware of any actual or possible claims of builder's lien or other claims in respect of that part of the Work. The Contractor's progress claim must also be accompanied by proof satisfactory to the Owner's Representative, in the Owner's Representative's sole discretion, that all assessments payable by the Contractor to the Workers' Compensation Board of British Columbia are fully paid up to the last required payment and that all remittances due to the Government of Canada under the Income Tax Act (Canada) are current up to the last required payment. The statutory declaration must be in the form set out in Attachment A to these GCs. If the statutory declaration is not provided, and in that form, the Contractor is not entitled to any payment The Owner shall deduct from each progress payment to be made to the Contractor a holdback pursuant to and in the amount required by the Builders Lien Act (British Columbia) The amount of a progress claim becomes due and payable to the Contractor 40 days after receipt by the Owner's Representative of the progress claim, but only if the Contractor has complied with GC Despite the rest of the Contract, the holdback amounts under GC19.3 becomes due and payable to the Contractor 55 days after the date of the Certificate of Substantial Completion, but only if the Contractor has submitted to the Owner's Representative a statutory declaration sworn by a knowledgeable person on behalf of the Contractor, and any further proof the Owner's Representative may require in the Owner's Representative's sole discretion, that all financial obligations, debts and payments payable by the Contractor in respect of the part of the Work that has been performed to the date of the Contractor's claim have been fully paid and that the Contractor is not aware of any actual or possible claims of builder's lien or other claims in respect of that part of the Work. The Contractor's claim must also be accompanied by proof satisfactory to the Owner's Representative, in the Owner's Representative's sole discretion, that all assessments payable by the Page 33 of 65

34 Contractor to the Workers Compensation Board of British Columbia are fully paid up to the last required payment and that all remittances due to the Government of Canada under the Income Tax Act (Canada) are current up to the last required payment. The statutory declaration must be in the form set out in Attachment B to these GCs. If the statutory declaration is not provided, and in that form, the Contractor is not entitled to any payment Notwithstanding any other provisions of this Contract, no payment is payable to the Contractor under this GC19 if a claim of builder's lien has been made, or is in reasonable prospect, or proceedings have been commenced to enforce a lien against the holdback, before expiry of the 55 day holdback period under GC19.3 in which case the Contractor must do everything necessary, at the Contractor's expense, including by institution and prosecution of legal proceedings, to obtain the discharge of any claim of builder's lien, lis pendens or other encumbrance from title to any land upon which the Work is located and the provisions of the Builders Lien Act (British Columbia), and any successor legislation, apply with respect to the holdback The Owner may avail itself to all rights under the Builders Lien Act (British Columbia), including regarding the payment of the holdback or other monies retained by the Owner from the Contractor into Court in order to discharge any claim of lien or lien related certificate of pending litigation or judgment and the Contractor will pay the Owner s costs of doing so and such costs shall be a debt due and owing by the Contractor to the Owner Delay by the Owner in making a payment is not a breach of the Contract, but, subject to the rest of this GC19, if payment of any progress payment under this GC19 is not made when due, the Contractor is entitled to interest on the amount overdue and the Owner must, when making payment of the amount overdue, pay to the Contractor interest on the amount overdue, calculated for the period of the delay at the Royal Bank of Canada's prime commercial rate of interest then in effect Without affecting any other right or remedy the Owner may have against the Contractor, the Owner may set off and deduct from amounts payable or accruing due to the Contractor, including any holdback, an amount equivalent to: a) any expense, loss or damage caused to the Owner by any breach of the Contract by the Contractor; b) any expense, loss or damage caused to the Owner by any breach by the Contractor of another contract with the Owner or by any legal wrong of the Contractor; RDCO Minor Works Contract Page 34 of 65

35 c) any debt owed to the Owner by the Contractor, and the Contractor agrees that if, in accordance with the Contract, the Owner performs an obligation of the Contractor under the Contract, the expense to the Owner of doing so is considered for all purposes, including this GC, to be a debt owed to the Owner by the Contractor For the purposes of the Contract, the Owner s Representative is the payment certifier, within the meaning of the Builders Lien Act (British Columbia). 20. CERTIFICATE OF TOTAL COMPLETION 20.1 The Contractor shall ensure that all Work is protected until the issuance of the Certificate of Total Completion and shall be responsible for the correction of defaults in the Work regardless of whether or not they were apparent when the Certificate of Substantial Completion was issued Total Completion shall not be attained until the Contractor has removed all products, materials, equipment and waste other than that caused by the Owner and leave the Work site clean and suitable for occupancy and use by the Owner, unless otherwise specified in the Contract Documents or directed by the Owner s Representative Upon achieving Total Completion, the Contractor may apply for a Certificate of Total Completion and the procedures and requirements for the issuance of the Certificate shall be as set out in the GC INDEMNIFICATION 21.1 The Contractor must indemnify and hold harmless the Owner, the District of West Kelowna (for work performed on District of West Kelowna s right of way), the Regional District s elected officials, officers, agents and employees (including the Owner's Representative), from and against all liabilities, losses, damages, personal injury, death, property loss or damage, actions, causes of action, costs (including legal fees and costs) or expenses in connection with loss of, or damage or injury (including death) to, any person or property that occurs in the course of the performance of the Contract, whether suffered, incurred or made by the Contractor or an employee of the Contractor or by a third person and whether or not caused through a wilful or negligent act or omission or other actionable wrong of the Contractor, its officers, agents, employees, or subcontractors, or any of their officers, agents or employees, and at its expense the Contractor must defend any and all actions and pay all damages and legal costs and other costs arising therefrom. RDCO Minor Works Contract Page 35 of 65

36 22. PROPERTY OF THE OWNER 22.1 The Contractor is responsible for any loss of or damage to, excluding reasonable wear and tear, any property of the Owner arising out of the performance of the Contract. 23. BYLAWS AND PERMITS 23.1 The Contractor must comply with all statutes, laws and regulations relating to, and obtain all permits and licences required for, the Work, whether federal, provincial or municipal. 24. WORKPLACE SAFETY AND ENVIRONMENTAL MATTERS 24.1 Without limiting the Contractor's obligations under GC23, the Contractor must: a) comply with all applicable enactments respecting workplace health and safety, including the Workers Compensation Act (British Columbia) and regulations, policies and orders under it, and the Workplace Hazardous Materials Information System; and b) perform the Work in accordance with all applicable enactments respecting environmental protection, including soils contamination and, without limiting the generality of the foregoing, the Contractor must do everything reasonably necessary to ensure that the Work is performed in such a way as to avoid and prevent any disturbance or damage to the environment If the Contractor is a head contractor, as defined in the Builders Lien Act (British Columbia), the Contractor will be the prime contractor for the Work site under the Workers Compensation Act (British Columbia) and must fulfill all obligations of the prime contractor under that Act, including by ensuring that the activities of any employers, workers and other persons at the Work site relating to occupational health and safety are coordinated and by doing everything that is reasonably practicable to establish and maintain the system or process that will ensure compliance with Part 3 of the Workers Compensation Act and the regulations under that Act applicable to the Work site. 25. INSURANCE RDCO Minor Works Contract Page 36 of 65

37 25.1 The Contractor shall procure and maintain, at its own expense and cost, the insurance policies listed in 25.2, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Work, the Owner advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policy or policies shall be maintained continuously from commencement of the Work until 10 days after the total completion of the Work, issuance of the Certificate of Total Completion, or such longer period as may be specified by the Owner or stated below Insurance Required: As a minimum, the Contractor shall, without limiting its obligations or liabilities under any other contract with the Regional District procure and maintain, at its own expense and cost, the following insurance policies: a) Workers Compensation Insurance covering all employees of Contractor engaged in the Work or Services in accordance with the statutory requirements of the province or territory having jurisdiction over such employees. b) Comprehensive General Liability Insurance: (i) providing for an inclusive limit of not less than $5,000,000 for each occurrence or accident; (ii) providing for all sums which the Contractor shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Work or any operations carried on in connection with this Contract; (iii) including coverage for Products/Completed Operations, Blanket Contractual, Contractor s Protective, Personal Injury, Contingent Employer s Liability, Broad Form Property Damage, and Non- Owned Automobile Liability; (iv) including a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgement made against any other Insured. c) Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Contractor directly or indirectly in the performance of the Work. The Limit of Liability shall not be less RDCO Minor Works Contract Page 37 of 65

38 than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence. d) All Risks Insurance for loss of or damage to all Contractor s equipment, owned, leased or for which Contractor may otherwise be responsible and used or to be used in the performance of the Work. This insurance shall be for an amount not less than the replacement cost value of the equipment. In the event of loss or damage, Contractor shall if so requested by the Owner, forthwith replace such lost or damaged equipment. Such All Risks Insurance shall be endorsed to waive all rights of subrogation against the Owner The Owner Named As Additional Insured: The policies required by 25.2 above shall provide that both the Owner and the District of West Kelowna are named as an Additional Insured thereunder, and that the policies required by 25.2 b are primary without any right of contribution from any insurance otherwise maintained by the Owner or the District of West Kelowna Contractor s Sub-contractors: The Contractor shall require each of its Subcontractors to provide comparable insurance to that set forth under 25.2 a, b, c, and d Certificates of Insurance 25.6 Not Used The Contractor agrees to submit Certificates of Insurance, in the form of Attachment D (Certificate of Insurance), attached hereto and made a part hereof, for itself and for all of its Subcontractors to the Owner prior to commencing the Work. Such Certificates shall provide that 30 days written notice shall be given to the Owner, prior to any material changes or cancellations of any such policy or policies Additional Insurance The Contractor may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the Owner. The Contractor shall ensure that all of its Subcontractors are informed of and comply with the Owner s requirements set out in this GC Insurance Companies All insurance, which the Contractor is required to obtain with respect to this Contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the province of British Columbia. RDCO Minor Works Contract Page 38 of 65

39 25.9 Failure to Provide If the Contractor fails to do all or anything which is required of it with regard to insurance, the Owner may do all that is necessary to effect and maintain such insurance, and any monies expended by the Owner shall be repayable by and recovered from the Contractor. The Contractor expressly authorizes the Owner to deduct from any monies owing the Contractor, any monies owing by the Contractor to the Owner Non-payment of Losses The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Contractor or any Subcontractor shall not be held to waive or release the Contractor or Subcontractor from any of the provisions of the Insurance Requirements or this Contract, with respect to the liability of the Contractor otherwise. Any insurance deductible maintained by the Contractor or any Subcontractor under any of the insurance policies is solely for their account and any such amount incurred by the Owner will be recovered from the Contractor as stated in NOTICE 26.1 Any notice, direction, demand, approval, certificate or waiver which may be or is required to be given under the Contract must be in writing and be delivered or sent by facsimile transmission either to the address or facsimile number given for each party in the Request for Proposal and Contractor s Proposal or to the Contractor's superintendent of the Work Any notice, direction, demand, approval, certificate or waiver that is delivered is to be considered to have been given on the next business day after it is dispatched for delivery. Any notice, direction, demand, approval, certificate or waiver that is sent by fax transmission is to be considered to have been given on the day it is sent. If a party changes its address or facsimile number, or both, it must promptly give notice of its new address or facsimile number, or both, to the other party as provided in this GC TIME 27.1 Time is of the essence of the Contract. In calculating time for the purposes of the Contract, the first day is to be excluded and the last day included. 28. DELAY RDCO Minor Works Contract Page 39 of 65

40 28.1 If, after performance of the Work has begun, war, insurrection, riot or other civil disturbance, act of God or force of nature, but no other event or circumstance, prevents the Contractor from performing the Contract, the Contractor may give notice to the Owner's Representative seeking an extension of the Completion Date. The Owner's Representative may, in the Owner's Representative's sole discretion, extend the Completion Date in response to that notice. 29. WAIVER 29.1 An alleged waiver of any breach of the Contract is effective only if it is an express waiver in writing of the breach. A waiver of a breach of the Contract does not operate as a waiver of any other breach of the Contract. 30. SUCCESSORS 30.1 The Contract binds the parties to it and their respective successors, heirs, executors, administrators and permitted assigns. 31. JOINT AND SEVERAL OBLIGATIONS 31.1 The obligations of the Contractor under the Contract are the joint and several obligations of each of the persons who have submitted the Proposal as the Proponent or as members of a joint venture or partnership comprising the Proponent. 32. APPLICABLE LAW 32.1 The Owner and the Contractor agree that the Contract is to be interpreted in accordance with, and governed by, the law in force in British Columbia and the Contractor irrevocably submits to the jurisdiction of the courts of British Columbia. RDCO Minor Works Contract Page 40 of 65

41 ATTACHMENT A Progress Payment Statutory Declaration Regional District of Central Okanagan CANADA ) ) BRITISH COLUMBIA ) ) ) ) IN THE MATTER OF the BUILDERS LIEN ACT and IN THE MATTER OF A CONTRACT BETWEEN THE REGIONAL DISTRICT OF CENTRAL OKANAGAN AND TO: REGIONAL DISTRICT OF CENTRAL OKANAGAN IN THE MATTER OF: I,, of, British Columbia, DO SOLEMNLY DECLARE THAT: 1. I am the of, the contractor with respect to construction of at. 2. All claims and obligations for wages, services, materials, and otherwise, with respect to the above contract to date have been fully paid and satisfied. 3. All assessments, penalties and any other amounts payable by the above contractor to the Workers Compensation Board of British Columbia are fully paid up to the last required payment, all remittances due to the Government of Canada under the Income Tax Act (Canada) with respect to the withholding of income tax at source from employees of the above contractor are current up to the last required payment and all other statutory remittances to any government or government agency are current up to the last required payment. 4. There are no persons entitled at this time to file a claim of builder's lien in respect of the above contract or entitled to any such lien. 5. This declaration is made for the purpose of inducing the Regional District of Central Okanagan to pay funds and I am aware that in making such payment the Regional District of Central Okanagan will be relying on the statements herein contained. 6. I am authorized to, and do, make this declaration on behalf of the contractor named above. 7. By delivering this declaration to the Regional District of Central Okanagan, the above contractor irrevocably and absolutely waives and releases any further remuneration, consideration, damages, losses or other payment by or from the Regional District of Central Okanagan to the above contractor with respect to the Work under the above contract to the date hereof, unless otherwise expressly claimed in writing in an appendix hereto. AND I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Evidence Act (British Columbia). DECLARED BEFORE ME AT in the Province of British Columbia this day of, 20. A Commissioner for taking Affidavits in British Columbia ) ) ) ) ) Page 41 of 65 RDCO Minor Works Contract

42 CANADA ) ) BRITISH COLUMBIA ) ) ) ) ATTACHMENT B Final Payment Statutory Declaration Regional District of Central Okanagan IN THE MATTER OF the BUILDERS LIEN ACT and IN THE MATTER OF A CONTRACT BETWEEN THE REGIONAL DISTRICT OF CENTRAL OKANAGAN AND TO: REGIONAL DISTRICT OF CENTRAL OKANAGAN IN THE MATTER OF: I,, of, British Columbia, DO SOLEMNLY DECLARE THAT: 1. I am the of, the contractor with respect to construction of at. 2. All claims and obligations for wages, services, materials, and otherwise, with respect to the above contract to date have been fully paid and satisfied. 3. All assessments, penalties and any other amounts payable by the above contractor to the Workers Compensation Board of British Columbia are fully paid up to the last required payment, all remittances due to the Government of Canada under the Income Tax Act (Canada) with respect to the withholding of income tax at source from employees of the above contractor are current up to the last required payment and all other statutory remittances to any government or government agency are current up to the last required payment. 4. There are no persons entitled at this time to file a claim of builder's lien in respect of the above contract or entitled to any such lien. 5. The construction of improvements under the above contract reached substantial completion, determined for the purposes of the Builders Lien Act (British Columbia), on, By delivering this declaration to the Regional District of Central Okanagan, the above contractor irrevocably and absolutely waives and releases any further remuneration, consideration, damages, losses or other payment by or from the Regional District of Central Okanagan to the above contractor with respect to the Work under the above contract. 7. This declaration is made for the purpose of inducing the Regional District of Central Okanagan to pay funds and I am aware that in making such payment the Regional District of Central Okanagan will be relying on the statements herein contained. 8. I am authorized to, and do, make this declaration on behalf of the contractor named above. AND I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Evidence Act (British Columbia). DECLARED BEFORE ME AT, British Columbia, this day of, 20. A Commissioner for taking Affidavits in British Columbia ) ) ) ) ) Page 42 of 65 RDCO Minor Works Contract

43 ATTACHMENT C NOT USED Page 43 of 65 RDCO Minor Works Contract

44 ATTACHMENT D - CERTIFICATE OF INSURANCE Regional District of Central Okanagan Insured This Certificate is issued to: Name: Address: Regional District of Central Okanagan 1450 KLO Road Kelowna, BC V1W 3Z4 Broker Name: Address: Location and nature of operation or contract to which this Certificate applies: R WWTP Landscaping Phases 1 and 2 Policy Dates Type of Insurance Company & Policy Number Effective Expiry Limits of Liability/Amounts Section 1 Comprehensive General Liability including: Products/Completed Operations; Blanket Contractual; Contractor s Protective; Personal Injury; Contingent Employer s Liability; Broad Form Property Damage; Non-Owned Automobile; Cross Liability Clause. Bodily Injury and Property Damage $ 5,000,000 Inclusive $ Aggregate $ Deductible Section 2 Automobile Liability APV 47 Bodily Injury and Property Damage $ 2,000,000 Inclusive It is understood and agreed that the policy/policies noted above shall contain amendments to reflect the following: 1. Any Deductible or Reimbursement Clause contained in the policy shall not apply to the Regional District of Central Okanagan and shall be the sole responsibility of the Insured named above. 2. The Regional District of Central Okanagan and the District of West Kelowna is named as an Additional Insured for Section 1 only days prior written notice of material change and/or cancellation will be given to the Regional District of Central Okanagan Print Name Title Company (Insurer or Broker) Signature of Authorized Signatory Date Page 44 of 65

45 PART D: SCOPE OF WORK 1. Background & Project Overview WWTP: The Regional District Environmental Services Department operates the Westside Regional Wastewater Treatment Plant (WWTP). The plant is located at 4261 Gellatly Road and receives wastewater from the District of West Kelowna, the District of Peachland, and the Westbank First Nation Reserves #9 and #10. Project Summary: Through issue of this Request for Proposal, the Regional District is seeking Proposals from qualified Contractors to design and construct new and upgraded landscaping in the area surrounding the WWTP. The entire Scope of Work is split into 4 elements: Detailed Design Construction Phase 1 (2014) Construction Phase 2 (2015) Maintenance of Landscaping Proponents: The Regional District is seeking Proposals from teams of consultants and/or contractors to provide design and construction services to oversee the landscaping of the WWTP as outlined further in this Part D Scope of Work. The Regional District prefers that the team be led by one party with a designated Project Lead who will oversee all aspects of the project through design, construction and maintenance, and that, in the case of joint submissions, one party be named as the Contractor taking overall responsibility for the successful completion of the project across all phases. Part A Clause 27, Sub-Contracting provides further detail on Sub-contracting acceptable in this RFP. Page 45 of 65

46 2. Schedule: The required schedule for the work is as follows. Scope of Work Element: Detailed Design Construction Phase 1 Construction Phase 2 Maintenance Schedule No restrictions. Schedule to be proposed by Proponent. No restrictions. Schedule to be proposed by Proponent. Preference for work to occur in No restrictions. Schedule to be proposed by Proponent. Preference for work to occur in If work occurs in 2014, Contractor must accept that Progress Payment for this work cannot occur until after Jan 1, 2015 for budget reasons. Commences upon Total Completion of each Construction phase and continues as specified in Part D, Scope of Work. 3. Budget: For all work outlined in this Part D Scope of Work, the Regional District has the following fully inclusive budget: Detailed Design and Construction Phase 1: maximum of $130,000 (incl.taxes) Construction Phase 2 and Maintenance: maximum of $ 78,000 (incl.taxes) Total: maximum of $208,000 (including taxes) 4. Requirements and Project Scope 4.1 Overview: The Contractors Scope of Work includes, but is not limited to, the following: Page 46 of 65

47 A. Detailed Design Complete a detailed landscape design, including specifications and recommended maintenance for the WWTP, accounting for the Regional District s goals and objectives outlined in this Part D Scope of Work. The Regional District will cover the cost of all associated building or road right-of-way crossing permits, if required. B. Construction Perform all construction activities and associated works for Phases 1 and 2 through to completion of the new landscaping in accordance with the approved detailed design and specifications. C. Maintenance Maintenance shall be provided in two parts: Maintenance for Construction Phase 1, shall commence upon Substantial Completion of Phase 1 and continue until the expiry of the Maintenance Period for Construction Phase 2. Maintenance for Construction Phase 2, shall commence upon Substantial Completion of Phase 2 and continue for 12 months. The Contractor shall provide all landscape maintenance activities and associated works as per the detailed design and specifications. 4.2 Detailed Design Requirements The Region District requests that the detailed designs include, but are not limited to, the following goals and objectives in the landscape plan: a) Improve the overall appearance of the WWTP landscape, entrance, and sign. (i) The new sign will be designed and placed such that it does not restrict truck turning access or vision of traffic in the intersection and satisfies the Regional District s sign bylaw parameters (i.e., bylaw no. 885). Page 47 of 65

48 b) Create a pleasing visual barrier of the WWTP from neighbours to the North-East (i.e., Canyon Ridge). c) Create a visual and weed control barrier from neighbours to the South and East perimeter (i.e., Byland s Nursery). d) Respect and mirror the natural landscape of the regional park to the North (i.e. Gellatly Heritage Regional Park). e) Create a low maintenance landscape using native species and complies with Regional District s Noxious Weed Bylaw. (i) Any trees planted within five (5) meters of a power line will be a species with a maximum mature growth height of six (6) meters. (ii) Any future weeding, weed-whacking, and mowing requirements will be kept to a minimum. (iii) Deciduous shrubs or trees as well as trees with significant needle drop should be avoided in the Phase 2 area to reduce maintenance on wastewater treatment equipment which are open to the air (i.e., secondary clarifiers, effluent disk filters). f) Maintain clear access for the Glenrosa Trunk Main right-of-way. g) Approval of the final detailed design shall be under the sole discretion of the Regional District, following review by affected municipal partners to meet permit approvals. 4.3 Construction Requirements a. The Contractor shall supply all materials, equipment, construction services and all associated works for construction of the WWTP Landscape as per the Contractor s detailed design and specifications. i. If landscape irrigation is required, the Contractor shall supply and install the complete irrigation system including but not limited to lines, valves, heads, connections and controller. The irrigation system will be sourced by the provided WWTP reclaimed water. The Contractor shall supply as-builts or the irrigation system upon Substantial Completion. Page 48 of 65

49 b. Construction shall occur in 2 phases (Phase 1 and Phase 2), covering the areas as designated in Attachment 2 Phase Area Map. i. Timing of Construction Phases 1 and 2 should be in accordance with the table under clause 2 (Schedule) of this Part D, Scope of Work. ii. Substantial Completion dates will be set and Substantial Completion Certificates shall be issued separately for each Construction Phase, in order for the Phase 1 Builders Lien Holdback to be released after Phase 1. c. The Contractor shall attend pre-construction meeting(s) prior to commencement of the work, keep the Regional District representative informed of construction progress and timing, and notify the Regional District of any appropriate site meetings. d. The Contractor shall become familiar with the location, including coordinate locates, of all public utilities in the area to avoid damage and ensure that all manholes remain accessible (e.g., see Attachment 3 Utilities Maps). e. Access to the WWTP must be maintained throughout the construction period. Pre-approved temporary access restrictions may be permitted with sufficient advance notice. f. All work on site must conform to noise bylaws and requirements. g. The Contractor shall be responsible for all site clean-up. Material and debris will be taken off site and disposed of in an appropriate location. h. The Contractor should note that Phase 1 of the landscaping area includes both WWTP property as well as an area contained in the District of West Kelowna road right of way. Upon completion of Detailed Design, the Regional District anticipates obtaining approval and permits for this work on District of West Kelowna property. Page 49 of 65

50 4.4 Maps and Concept Plan This Scope of Work should be read in conjunction with the maps in Attachments 1 to 4 referenced below. A previously prepared conceptual landscape plan is included for reference only (Attachment 4). This plan incorporates some, but not all, of the project s goals and objectives and should not influence the Proponent s preliminary landscape design. Please note the following attachments: Attachment 1 Plant Map 1 page Attachment 2 Phase Area Map 1 page Attachment 3 Utilities Maps 2 pages Attachment 4 Preliminary Conceptual Landscape Design 2 pages Page 50 of 65

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55 *REFER SHEET L2 FOR LANDSCAPE PLAN NOTES M Spall Road Kelowna, BC V1Y 4R2 T (250) K MI LI T OF OR W RAMMED EARTH WALL ENTRY SIGNAGE NATIVE FLOWERING SHRUB BUFFER ALONG BERM SLOPE GELLATLY ROAD ORNAMENTAL GRASSES AT ENTRY LARGE DECIDUOUS TREE IN TURF BOULEVARD ALONG ENTRY WAY N PROJECT TITLE WESTSIDE REGIONAL WASTE WATER TREATMENT PLANT DECIDUOUS TREE CONIFEROUS TREE GELLATLY REGIONAL HERITAGE PARK NATIVE SHRUB BUFFER (TYP.) West Kelowna, BC SHRUB GRASSES DRAWING TITLE TURF FROM SOD (REFER NOTES) LANDSCAPE PLAN RK O IT F O W GRAVEL SURFACING IM NON-IRRIGATED REFORESTATION AREA W/ NATIVE CONIFEROUS TREES & SHRUBS NE TY /L TURF FROM SEED, SEED ROW CROP MIX FROM EVERGRO ( ). HYRDOSEED AS PER MANUFACTURER'S RECOMMENDATIONS LI R O PR PE ISSUED FOR / REVISION Review PINUS JEFFREYI PINUS PONDEROSA PLATINUS ACERIFOLIA 'BLOODGOOD' POPULUS TREMULOIDES PSEUDOTSUGA MENZIESII VAR. GLAUCA E AN EL JEFFREY PINE PONDEROSA PINE BLOODGOOD LONDONG PLAN TREMBLING ASPEN INTERIOR DOUGLAS FIR RIV Invert HA BUILDING P AS D LT NATIVE TREE BUFFER INTERPLANTED W/ ADDITIONAL NATIVE FLOWERING SHRUB (TYP.) ACER GLABRUM VAR. DOUGLASII AMELANCHIER ALNIFOLIA DOUGLAS MAPLE SASKATOON FESTUCA IDAHOENSIS 'SISKIYOU BLUE' PENNISETUM ALOPECUROIDES IDAHO BLUE FESCUE FOUNTAIN GRASS PROJECT NO DESIGN BY FB DRAWN BY SS CHECKED BY FB DATE DEC. 11, 2012 SCALE 1:400 SEAL MATCH LINE REFER SHEET L2 DRAWING NUMBER L1 2 ISSUED FOR REVIEW ONLY Copyright Reserved. This drawing is the property of Outland Design Landscape Architecture Limited and shall not be reproduced, resold, or tendered without permission.

56 *REFER SHEET L1 FOR LANDSCAPE PLAN LEGEND & PLANTING LIST M NATIVE TREE BUFFER INTERPLANTED W/ ADDITIONAL NATIVE FLOWERING SHRUB (TYP.) Spall Road Kelowna, BC V1Y 4R2 T (250) C B DW MATCH LINE REFER SHEET L1 DU F C B BUILDING C B NATIVE TREE BUFFER INTERPLANTED W/ ADDITIONAL FLOWERING SHRUBS (TYP.) 0 FS U 15 EXISTING CEDAR HEDGE ROW (TO REMIAN) S ST M W S C B C 20 0 B 0+ U M R SY AS L FS SE RA S RA S M L WASTE WATER FACILITY M L W S DW C B ASPHALT PAVING L RA S SY SY N M EXISTING LARGE CEDAR HEDGE ROW (TO REMIAN) PROJECT TITLE LI NE /L IM IT OF W OR SE K WESTSIDE REGIONAL WASTE WATER TREATMENT PLANT PR OP ER TY West Kelowna, BC DRAWING TITLE LANDSCAPE PLAN SE ISSUED FOR / REVISION Review 2 3 SE BUILDING 4 5 SE 0 DO NOT SCALE DRAWINGS. DIMENSIONS ARE SHOWN IN MILLIMETERS (mm), ROUNDED TO THE NEAREST WHOLE NUMBER AND MEASURED AT A 90 DEGREE ANGLE UNLESS OTHERWISE NOTED. ALL WORK OF THE CONTRACTOR SHALL COMPLY WITH THE BRITISH COLUMBIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, FIRE REGULATIONS, BC LANDSCAPE STANDARD 8TH EDITION AND ALL NATIONAL, PROVINCIAL AND MUNICIPAL CODES AND CONSTRUCTION STANDARDS. NATIVE TREE BUFFER INTERPLANTED W/ ADDITIONAL NATIVE FLOWERING SHRUBS (TYP.) THE CONTRACTOR IS RESPONSIBLE TO GIVE THE OWNER'S REP. 48 HOURS NOTICE BEFORE ALL REQUIRED INSPECTIONS. THE CONTRACTOR IS RESPONSIBLE TO VERIFY INFORMATION SHOWN ON ALL DRAWING SHEETS AND REPORT ANY DISCREPANCIES TO THE OWNER'S REP. PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL NOT SUBSTITUTE PLANT MATERIAL OR PRODUCTS WITHOUT THE WRITTEN CONSENT OF ODLA. THE CONTRACTOR WILL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ANY UNAPPROVED SUBSTITUTIONS. ALL WORK OF THE CONTRACTOR SHALL BE WITHIN THE PROPERTY LINE SHOWN ON THE DRAWING. THE CONTRACTOR SHALL VERIFY THE LIMIT OF WORK ON SITE WITH THE OWNER'S REP. PRIOR TO CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE TO VERIFY ALL UTILITY LOCATIONS PRIOR TO CONSTRUCTION AND WILL BE HELD RESPONSIBLE TO PAY FOR ANY DAMAGES CAUSED BY HIS NEGLIGENCE TO THE OWNER. BRITISH ALL WORK OF THE CONTRACTOR SHALL MEET OR EXCEED ALL STANDARDS OR SPECIFICATIONS ESTABLISHED IN THE LATEST EDITION OF THE BC LANDSCAPE STANDARD, PUBLISHED JOINTLY BY THE BC LANDSCAPE & NURSERY ASSOCIATION (BCLNA) AND THE BRITISH COLUMBIA SOCIETY OF LANDSCAPE ARCHITECTS (BCSLA). CONTAINER PLANTING IS TO MEET BCNLA STANDARDS FOR CONTAINER GROWN PLANTS. ALL PLANT MATERIAL SUPPLIED AND PLACED BY THE CONTRACTOR MUST BE CERTIFIED TO BE FREE OF SUDDEN OAK DEATH (PHYTOPHTHORA RAMORUM), ACCORDING TO THE THE CANADIAN FOOD INSPECTION AGENCY (CFIA), OR BCLNA STANDARDS. THE CONTRACTOR WILL BE HELD RESPONSIBLE TO THE OWNER FOR THE SUPPLY AND PLACEMENT OF DISEASED PLANTS RESULTING FROM HIS NEGLIGENCE. PLANT MATERIAL AND PRODUCTS SHALL BE AVAILABLE FOR OPTIONAL INSPECTION BY ODLA AT SOURCE OF SUPPLY. THE CONTRACTOR SHALL PROVIDE A (1) YEAR REPLACEMENT GUARANTEE ON ALL PLANT MATERIAL TO THE OWNER FROM THE DATE OF SUBSTANTIAL PERFORMANCE. ALL WORK AND PRODUCTS OF THE CONTRACTOR SHALL MEET OR EXCEED THE IRRIGATION ASSOCIATION OF BRITISH COLUMBIA STANDARDS AND SPECIFICATIONS AND SHALL CONFORM TO ALL APPLICABLE NATIONAL, PROVINCIAL, OR MUNICIPAL CODE REQUIREMENTS. THE CONTRACTOR IS RESPONSIBLE TO COORDINATE THE INSTALLATION AND OPERATION OF THE IRRIGATION SYSTEM WITH PLANTING TIMES, TO ENSURE PLANT MATERIAL DOES NOT DRY OUT. DRIP IRRIGATION REQUIRED FOR ALL TREE AND SHRUB PLANTING AREAS. PROJECT NO DESIGN BY FB DRAWN BY SS CHECKED BY FB DATE DEC. 11, 2012 SCALE 1:400 SEAL DRAWING NUMBER L2 2 ISSUED FOR REVIEW ONLY Copyright Reserved. This drawing is the property of Outland Design Landscape Architecture Limited and shall not be reproduced, resold, or tendered without permission.

57 PART E: PROPONENT S RESPONSE 1. Proposal Format In order to receive full consideration during evaluation, Proposals should include the following: a) Title Page, showing Request for Proposal number, Proponent s name and address, Proponent s Worksafe BC Number, Proponent s GST Number, Proponent s telephone number, and Proponent s Representative. b) Table of contents including page numbers. c) Completed Appendix A Certification Document d) Completed Appendix B Conflict Of Interest Certification e) Completed Appendix C Remuneration f) Completed Appendix D Preliminary Design g) Completed Appendix E Schedule, Methodology & Team h) Completed Appendix F Experience & References i) Any appendices required to provide additional information in support of your Proposal. Note: All appendices listed for completion are attached to this Part E. All pages should be consecutively numbered. Note: it is acceptable for Proponents to manually write page numbers onto the standard Appendix forms. Proposals must address the RFP content requirements as outlined herein, must be well ordered, detailed and comprehensive. Clarity of Language, adherence to suggested structuring, and adequate accessible documentation is essential to the Regional District s ability to conduct a thorough evaluation. The Regional District is interested in Proposals that demonstrate efficiency and value for money. General marketing and promotional material will not be reviewed or considered. 2. Proponent Checklist This checklist has been provided solely for the convenience of the Proponent. Its use is not mandatory and it does not have to be returned with the Proposal. Page 57 of 65

58 The requirements of the Request for Proposal have been read and understood by everyone involved in putting together the Proposal. The Proposal addresses everything asked for in the Request for Proposal. The Proposal meets all the Mandatory Criteria, listed in Part B of the Request for Proposal. The Proposal clearly identifies the Proponent, the project, and the Request for Proposal number. The Proponent s name and the Request for Proposal number appear on the Proposal envelope. The Certification Document (Part E, Appendix A) has been completed as specified. The Conflict of Interest Certification (Part E, Appendix B) has been completed as specified. The appropriate number of copies of the Proposal has been made. Every care has been taken to make sure the Proposals are at the closing location in plenty of time, as late Proposals will be rejected. The Proposal is being delivered by hand, courier, or mail, as faxed Proposals are not accepted. Page 58 of 65

59 APPENDIX A: CERTIFICATION DOCUMENT Certification: WWTP Landscaping Design & Construction R We have carefully read and examined the RFP document and have conducted such other investigations as were prudent and reasonable in preparing this response. We certify that the statements made in this response are true and complete. These statements and prices in our Proposal represent our response to the Regional District of Central Okanagan. We agree to be bound by statements and representations made in this response and to any agreement resulting from this response. We hereby agree that this RFP response may only be withdrawn by written notice delivered to the office of the Purchasing Manager Regional District of Central Okanagan, prior to the Closing Date and Time for Receipt of Proposals. We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the Closing Date and Time for Receipt of Proposals. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Telephone Number: Fax Number: address: Acknowledgement of Addenda We acknowledge receipt of the following addenda which become part of this RFP: ADDENDUM # ADDENDUM # ADDENDUM # Signed this day of, 20. Page 59 of 65

60 APPENDIX B: CONFLICT OF INTEREST CERTIFICATION WWTP Landscaping Design & Construction R The Regional District of Central Okanagan requires all Proponents to certify either statement A or statement B below: A) We certify that: 1. our affiliates, subsidiaries, officers, directors, and employees have not received any additional information, documents, drawings or specifications with respect to this RFP, other than has been made available to or disclosed to all bidders as part of the RFP process. 2. the prices(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, Proponent, or potential Proponent. 3. the submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or non-competitive bid. 4. that none of our affiliates, subsidiaries, officers, directors and employees are currently under investigation by any government agency involving conspiracy or collusion with respect to bidding on any public contract. 5. we understand and acknowledge that this certification is material and important, and will be relied on by the Regional District of Central Okanagan in awarding the contract(s) for which this document is submitted. We understand that any misstatement in this certification is and shall be treated as fraudulent concealment from the Regional District of Central Okanagan of the true facts relating to the submission of Proposals for this RFP. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: OR Signed this day of, 20 B) We cannot certify the statements listed above for the following reasons: Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Signed this day of, 20 Page 60 of 65

61 APPENDIX C: REMUNERATION Proponents shall complete and return all of the tables contained in this Appendix, labelled in their Proposal as Appendix C Remuneration. C1. Lump Sum Prices: All Lump Sum Prices shall be inclusive of all equipment, materials, labour, permits (excluding building or road right-of-way permits), fees, licenses and all other related costs necessary to complete the work successfully, as stated within this document. Lump Sum Prices and the Total Contract Price shall exclude GST for the work, but include any PST on goods or materials to be sourced by the Contractor and included in the works. Item Scope of Work Item General & Detailed Design: Lump Sum Prices 1 Project Management and General Overheads $ 2 Detailed Design $ Construction Phase 1: 3 Mobilization / Demobilization $ Site Preparation (i.e., staking, demolition/removal, 4 grading, etc. $ 5 Soil Preparation $ 6 Irrigation $ 7 Planting $ 8 Entry Sign Construction/Installation $ 9 Other: (specify) $ Construction Phase 2: 10 Mobilization / Demobilization $ Site Preparation (i.e., staking, demolition/removal, 11 grading, etc. ) $ 12 Soil Preparation $ Page 61 of 65

62 13 Irrigation $ 14 Planting $ 15 Visual/Weed Control Barrier $ 16 Other: (specify) $ Maintenance: 17 Maintenance $ 18 Total Contract Price (total of items 1 to 17) $ 19 GST $ C2. Reimbursable Rate Prices: The following reimbursable rates shall be used to price any Change Orders, if required. Item Description Rate 1 General Labour Rate (per person per hour) $ 2 Landscaper Rate (per person per hour) $ 3 Other: (specify) $ 4 Other: (specify) $ 5 Other: (specify) $ Page 62 of 65

63 APPENDIX D: PRELIMINARY DESIGN Proposals shall provide the following details at a minimum, labelled as Appendix D Preliminary Design : D1 A preliminary landscape design as per the goals and objectives outlined in Part D Scope of Work. The preliminary design submission does not have to be complete and detailed but the Proponent should provide sufficient information of the proposed intentions and preliminary design drawings. The successful Contractor will be required to complete the detailed design based on the proposed preliminary design. The preliminary design should include: o Plan view preliminary landscape design, o Entry sign details including plan view, elevation view, and nonmandatory 3-D sketches if available, o Summary outlining solutions to the project s goals and objectives, o Specifications of the materials used in the design, and o Recommended future maintenance of the landscaped area. D2 If desired, multiple preliminary designs may be presented by the Proponent for consideration. If additional preliminary designs are proposed, the following should be provided: o A summary identifying any design deviations from the base preliminary design provided in E1, and o Justification of the deviation(s) from the base preliminary design in D1. o A separately submitted Appendix C Remuneration (clearly labelled), if the different design has a different remuneration. Page 63 of 65

64 APPENDIX E: SCHEDULE, METHODOLOGY & TEAM Proposals shall provide the following details at a minimum, labelled as Appendix E Schedule, Methodology & Team: E1 A detailed schedule in Gantt chart format showing all key activities and timing (in terms of weeks), including but not limited to the following: o Contract Award, o Start-up Meeting, o Planning and design, o Delivery of final detailed design, specifications, and maintenance guide to the Regional District for approval, o Obtaining required permits, o Mobilization date (Phase 1 and 2), o Site preparation (Phase 1 and 2), o Soil preparation (Phase 1 and 2), o Planting (Phase 1 and 2), o Irrigation (Phase 1 and 2), o Entry Sign Construction (Phase 1), o Demobilization and completion of site clean-up date (Phase 1 and 2), o Substantial completion dates (Phase 1 and 2), o Total completion date (Phase 1 and 2), and o Maintenance period. E2 The proposed methodology and team for the project, which shall address the following: o An organization chart showing consultants, the contractor s key staff and sub-contractor staff o Details on the methods and equipment to be used o Details and resumes of all key team members o Details on all Sub-Contractors, including entity name, service to be performed and details of experience on similar work. E3 Outline Health and Safety considerations during the project. Page 64 of 65

65 APPENDIX F: EXPERIENCE AND REFERENCES All proposals shall provide the following in their submission, labelled as Appendix F Experience and References: F1 Experience and References Proposals shall include the following table, detailing experience on all similar sized work or contracts performed over the last five years. Please note that the Regional District may contact references. Client Contact Details (Name, , Phone #) Project Contract Start Date Contract End Date Page 65 of 65