INVITATION TO TENDER TENDER FORM
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- Beverley Collins
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1 INVITATION TO TENDER TENDER FORM Submitted by: To: (hereinafter referred to as the Bidder ) Workers Compensation Board Registration Number: CAMOSUN COLLEGE (hereinafter called the Owner ) Purchasing Services Room 201, Paul Building, Lansdowne Campus, 3100 Foul Bay Road Victoria, B.C. V8P 5J2 Phone: (250) Fax: (250) Telephone Number: Contact person s name: Attention: Doug McCurdy, Purchasing Co-Ordinator Tenders to be received by: 2:00 p.m. Pacific Standard time on Friday, July 17 th, It is understood that: Tenders will only be accepted from those that attended a mandatory site meeting, 2:00PM,Monday, July 13 th, 2009 All tenders will remain valid and be irrevocable for sixty (60) days from the date of tender closing. The Owner reserves the right to not proceed with all or portions of the Work. Project: Interurban Campus Construction Management for single story steel mezzanine, two classroom, two office construction project in existing John Drysdale Building 1. Offer Having examined the Place of the Work and all matter referred to in the Instructions to Bidders and the Contract Documents prepared by Chow Low Hammond Architect Inc, (Consultant), for the above mentioned project, we, the undersigned, hereby officer to enter into a Contract to perform the Work, for the fee of percentage of the tender construction cost. The cost of construction will be determined by the Construction Manager who is awarded the project. However, the consultant is expecting the budget to be approximately a maximum of $400, We confirm the above stated price is exclusive of the GST (Goods and Services Tax). However, we have included all other applicable Provincial and excise taxes currently in force and due on this Contract. The Contract Price:.1 is firm and binding, subject to adjustments as provided in the Contract Documents; and.2 includes all costs to complete the Work in accordance with the Contract Documents. In the event of a discrepancy between the written and numerical amounts of any price quoted, the written amount will prevail. Page 1
2 2. Execution of Contract Documents The Bidder agrees to, if awarded the Contract, execute a contract in the form provided for herein, such execution to be completed by the Bidder within ten (10) Working Days of receipt by the Bidder of the document for execution. 3. The Consultant for the Project is: Chow Low Hammond Inc. 4. Contract Time - Commencement and Substantial Performance of the Work The Bidder agrees to, if awarded the Contract:.1 commence the Work with adequate labour and resources on the Site within a time period to be negotiated with the Owner and Consultant, from the date that notice to commence is given by the Consultant, on behalf of the Owner, to the Bidder; and.2 achieve Substantial Performance of the Work in accordance with the schedule attached. It is a fundamental term of the Contract that the Contractor commences the Work on the Site on or before the time stipulated in this Clause 4 of the Tender Form. If the Contractor fails, refuses or is unable for any reason to commence the Work on the Site on or before the time stipulated in this Clause 4 of the Tender Form, whether or not due to fault or default by the Contractor, then the Owner will have the right to terminate the Contract forthwith by written notice to the Contractor. If the Contract is so terminated, then the Contractor will have no claim against the Owner for any loss, damage, cost or expense which the Contractor or any other party may suffer or incur as a result of such termination. The provisions of this Clause 4 of the Tender Form will take precedence over and will govern and apply notwithstanding any other provision of the Contract Documents which may be at variance or inconsistent with this provision. For the purpose of this Clause 4 of the Tender Form, token measures will not be sufficient to satisfy the requirement to commence the Work, and if the Contractor does not diligently prosecute the Work thereafter then for the purpose of this Clause 4 of the Tender Form the Contractor will be considered to have not commenced the Work. 5. Addenda The Bidder acknowledges that the Contract Documents include the following addenda: Addendum No. Date Description 6. List of Subcontractors and Suppliers The Contractor agrees to subcontract and supply parts of the Work through the Subcontractor and Suppliers listed below: (i) Subcontractors PART OF THE WORK SUBCONTRACTOR S LEGAL NAME add additional pages as necessary Tender Form Page 2
3 7. Initial Requirements 7.1 If awarded the Contract, the Bidder agrees to:.1 provide the performance security if and as required and in accordance with the Instructions to Bidders, paragraph 8.1 of Clause 8 - LABOUR AND MATERIAL PAYMENT BONDS AND PERFORMANCE BONDS;.2 provide Proof of Insurance as reasonably required by the Owner; and.3 provide a detailed Construction Schedule for the Contractor s Work in accordance with APPENDIX The date of Contract award will be the date written notice is given by the Owner to the Bidder accepting its bid, or such other date as may be mutually agreed upon. 8. Alternative Prices 8.1 The following is a list of Alternative Prices and forms a part of the Contract, upon the acceptance of any or all of the Alternative Prices. The Alternative Prices stated are a deduction from or addition to the Contract Price quoted in Clause 1 above. The amounts are NOT to be included in the Contract Price quoted in Clause 1 above and do not include GST. DO NOT state a revised Contract Price Deduct $ Add $ Deduct $ Add $ Deduct $ Add $ In the evaluation of bids for the purposes of Contract award, the Owner is permitted to include or not include any or all of the Alternative Prices, as the Owner chooses, provided that the items included or not included will be applied consistently, as reasonably determined by the Owner, in carrying out the comparison of Bidders; and despite having included or not included the item or items for the purposes of Contract award the Owner may defer until after Contract award its decision(s) as to acceptance of any or all of the Alternative Prices. Except as otherwise stipulated in the Contract Documents, Alternative Prices will remain open for acceptance by the Owner until fifteen (15) Working Days after notice given by the Contractor to the Owner (after execution of the Contract by both parties) requiring the Owner to make its election. 9. Terms and conditions of the Instructions to Bidders 9.1 By submitting this Tender the Bidder accepts and agrees to be bound by all of the terms and conditions set out in the Instructions to Bidders set out in APPENDIX 1 and all addenda and the rest of the Contract Documents. 10. Interpretation 10.1 The APPENDICES form part of this Tender Form In this Tender Form (which includes, as previously stated, the APPENDICES), all words and phrases which are defined terms in the stipulated price contract, Standard Construction Document CCDC , including Contract, Substantial Performance of the Work and Working Day, which have the same respective meanings herein unless otherwise stipulated herein The provisions of this Tender Form will survive execution of the Contract, and be deemed to be incorporated as part of the Contract. Tender Form Page 3
4 11 Execution of Tender IN WITNESS WHEREOF the Bidder has executed below under the seal shown below with the intent that such execution take effect as a deed. Dated this day of 2008 (a) Sea l (c) Seal (b) If the Bidder is not incorporated, he or she will sign on line (c) in the presence of a witness who will sign on line (a). If the Bidder is incorporated, the authorised signing officer(s) of the Bidder will sign on lines (a) and (b) and the seal shown on line (b) is adopted by the corporation for the purpose of establishing execution hereof as a deed under seal, and the person or persons signing on lines (a) and (b) hereby warrant that they collectively, or in the case of only one authorised signing officer, he or she, has authority to bind the corporation. If the Bidder is a partnership or joint venture, then execution is to be carried out in a manner that is jointly and severally binding (under seal and as a deed) upon all of the members of the partnership or joint venture. The Owner may disqualify any Tender if the Owner is unsure that the execution is jointly and severally binding as aforesaid upon all of the members of the partnership or joint venture. Tender Form Page 4
5 CHECKLIST Tender Form Bid Bond in accordance with Clause 8.1 of the of the Instructions to Bidders ONE ORIGINAL AND ONE COPY OF THE ABOVE SET ARE TO BE SUBMITTED Tender Form Page 5
6 APPENDIX 1 INSTRUCTIONS TO BIDDERS Clause 1 - CONTRACT DOCUMENTS 1.1 The Contract Documents will consist of: Invitation to Tender Instructions to Bidders Contractor s Tender Form CCA 5 Construction Management Document. Summary of Work, Drawing Package Construction Schedule Addenda and Appendices Clause 2 PRE-TENDERING ENQUIRIES 2.1 All enquiries relating to Drawings and Specifications, will be directed only to the Consultant at: Chow Low Hammond Architects Inc., 1551 Broadmead Ave., Victoria, B.C. V8P 2V1 Clause 3 PARTICULARS AFFECTING THE CONTRACT PRICE 3.1 Materials.1 Tenders will be based on the use of materials specified in the Drawings and Specifications..2 Alternatives to materials specified will be considered during the tendering period if full descriptive data on proposed alternatives is submitted in writing to the Consultant at least ten (10) Working Days before the Tender closing date contained in the Invitation to Tender..3 The Alternative Prices listed in the Contract Documents will remain open for acceptance by the Owner for the period stated in the Contract Documents, from the time and date specified for closing of Tenders, notwithstanding the award of the Contract. 3.2 Site Conditions 3.3 Bonds.1 Tenders will only be accepted from those that attended a mandatory site meeting, 2:00PM, Thursday, October 16 th, Each Bidder will, before submitting its bid, thoroughly examine the Contract Documents and the Site and satisfy itself as to the nature and location of the Work, local conditions, geotechnical aspects and topography of the Site, the Construction Resources / Equipment needed, the means of access to the Site, all other Site conditions, taxes and duties, all laws, safety and security requirements, by-laws, regulations, ordinances, codes, licensing, and permit requirements, availability of all services required for the Work, including without limitation electricity, water supply, sewer and telephone, labour market conditions, and all other circumstances which could affect its bid or fulfillment of the Contract and performance of the Work. The Contract Price quoted in Clause 1 of the Tender Form includes the cost of the Performance Bond and the Labour and Material Payment Bond stipulated in the Contract Documents. Clause 4 COMPLETION OF TENDER FORM 4.1 Bidders will submit their Tenders on the Tender Form provided. 4.2 Alteration(s), qualification(s) or omission(s) to the Tender Form may render the Tender liable to rejection by the Owner. 4.3 All erasures or corrections to the Bidder s entries on the Tender Form are to be initialled by the Bidder. Instructions to Bidders Appendix 1 Page ITB-1
7 Clause 5 EXECUTION OF TENDER 5.1 The Tender Form will be executed by the Bidder in accordance with the requirements stipulated in Clause 16 thereof - EXECUTION OF TENDER. CLAUSE 6 DELIVERY OF TENDER / TIME OF CLOSING 6.1 The properly completed and executed Tender Form will be enclosed in an opaque sealed envelope and will be delivered into the possession of the Owner, at the address and location given in the Invitation to Tender, prior to the time and date specified in the Invitation to Tender for the closing of Tenders. The name and address of the Bidder(s) and the project description will appear on the face of the envelope. 6.2 The Owner may extend the closing time for any reason and, in that event, will advise by written addendum all Bidders. Clause 7 REVISION OF TENDER 7.1 Bidders are instructed that:.1 A Tender Form already delivered to the Owner may be revised in the manner described in paragraph of this Clause, and that revision(s) are to be received by the Owner at the address given in the Invitation to Tender prior to the time and date specified therein for the closing of Tenders. The revision(s) should be plainly referable to a particular Tender..2 Revisions may be sent by fax to or delivered to the address stated in the Invitation to Tender It is the responsibility of the Bidder to ensure revisions are received prior to the close date and time..3 Only the Bidder s entries on the delivered Tender Form are to be revised. All monetary revisions are to be stated as an addition or reduction to the tendered price or specific directions as to the exclusion or inclusion of particular words. Clause 8 BONDS 8.1 Bid Bonds.1 The Bid Bond will be in the Standard Construction Document form CCDC 220, as amended from time to time, of the Canadian Construction Documents Committee and issued in favour of the Owner by a surety who is approved by the Owner and who is licensed to transact the business of a surety in British Columbia and is a member of the Surety Association of Canada. The Bid Bond will comply with all requirements as may be reasonably prescribed by the Owner..2 If any Bidder declines to execute the Contract within the period set out in the Tender Form, or fails to carry out any of the initial requirements set out in Clause 11.1 of the Tender Form within the times stipulated, or fails to commence the Work as required, then the Bidder will pay to the Owner the amount of the Bid Bond, and the Owner may enforce such payment by calling upon the Bid Bond..3 Bid Bonds will not be returned, unless requested in writing by the Bidder within 60 days of contract award. 8.2 Performance Bond and Labour and Material Payment Bond.1 The Performance Bond will be in the Standard Construction Document form CCDC 221, as amended from time to time, of the Canadian Construction Documents Committee..2 The Labour and Material Payment Bond will be in the Standard Construction Document form CCDC 222, as amended from time to time, of the Canadian Construction Documents Committee..3 The Performance Bond and the Labour and Material Payment Bond will be issued in favour of the Owner by a surety who is approved by the Owner and who is licensed to transact the business of a surety in British Columbia and is a member of the Surety Association of Canada..4 The Performance Bond and the Labour and Material Payment Bond will be provided prior to the earlier of: (1) the commencement of the Work; and (2) within ten (10) Working Days of contract award. Instructions to Bidders Appendix 1 Page ITB-2
8 .5 The Performance Bond and the Labour and Material Payment Bond will comply with such other requirements as may be reasonably required by the Owner. Clause 9 CONDITIONS OF TENDER PROCESS 9.1 Criteria and Methodology.1 The lowest or any Tender will not necessarily be accepted..2 For the purposes of evaluation of Tenders and selection of the Bidder to whom the Contract is awarded, the Owner will not be limited to consideration only of the Contract Price. The Owner may take into account unit prices and anticipated or potential costs associated with the Contract or the Tender of any Bidder. The Owner may accept or reject any or all of the Alternative Prices and Separate Prices called for in the Contract Documents and offered in the Tender. The Owner may apply other reasonable criteria which may include:.1 ongoing operation and maintenance costs, contract administration costs, impact on other operations, and disruptions;.2 conformity of the Tender to requirements set forth in the Instructions to Bidders and the rest of the Contract Documents;.3 experience and proficiency of the Bidder s superintendents, managers and other personnel in carrying out projects similar to the Project, and past dealings of the Owner and the Owner s employees and consultants with such superintendents, managers and personnel;.4 experience and proficiency of the trades proposed by the Bidder in carrying out projects similar to the Project, and past dealings of the Owner and the Owner s employees and consultants with such trades;.5 the Bidder s understanding of the Work;.6 the Bidder s commitment to completion of the Work within the schedule;.7 the quality of the technical aspects of the Tender;.8 the Bidder s track record, relative to meeting the completion schedule for other Projects, and relative to disputed claims for changes, delays and extras;.9 the Bidder s safety record,.10 the depth of resources available to the Owner (in case, for example, there is a possibility that additional resources might be required, or acceleration of the Work might be required) and other projects that the Bidder is working on or for which Bidder might be bidding;.11 the overall best value to the Owner and best prospect for successful satisfactory completion of the Project; and.12 other criteria and factors reasonably considered by the Owner to be relevant; all as perceived and applied by the Owner acting in good faith, and applying such reasonable assumptions and determinations as the Owner may reasonably make (whether or not, so long as the Owner is acts in good faith, one or more bidders are adversely affected thereby), and weighted and applied according to the needs and reasonable judgement of the Owner..3 The evaluation team will not be required to keep bid prices separate or undisclosed while carrying out the evaluation of non-price criteria. Prices submitted by bidders may be known by the evaluation team at the outset of the evaluations, regardless of when non-price criteria are to be evaluated or scored or the sequence in which price and non-price criteria are to be evaluated or scored. Bids may be judged for overall best value and overall best bid taking into account the gradings or rankings, based on non-price criteria, and prices. The evaluation team may make a judgement as to whether the disparity between or among the candidates gradings, or the relative overall merits of their respective bids, warrants departing from lowest bidder for the selection of the successful bidder. 9.2 Evaluation Process and Related.1 Evaluation of Tenders will be carried out by person(s) selected by the Owner. The person(s) selected for this purpose may include consultants..2 The Owner may elect to disqualify any Tenders which contain qualifying conditions or fail to conform to these Instructions to Bidders..3 This process does not constitute an offer by the Owner. No contract results from the issuance of the Invitation to Tender or receipt of bids, except only with a Bidder, if any, whose bid is accepted by the Owner, and except that each Bidder agrees that its Tender will be irrevocable for the period Instructions to Bidders Appendix 1 Page ITB-3
9 specified. The Owner reserves the right to accept any bid that the Owner considers to be most beneficial and advantageous to the Owner, and reserves the right to reject any or all bids. The Owner may accept a non-compliant bid. The Owner may waive, regardless of severity, any nonconformity, non-compliance, irregularity or error. The Owner may seek a clarification or confirmation from any one or more Bidders, and may give any Bidder an opportunity to correct its Tender or to cure, regardless of severity, any non-conformity, non-compliance, irregularity or error relative to its Tender. The Owner may at any time elect to request re-submissions, and may undertake the entire process over again, in the same or an altered format, and with the same or different participants. The Owner may engage in discussions with one or more parties, as the Owner sees fit, to explore ways to alter, refine or improve the Contract or the Work or the Project, or the ultimate arrangement or agreement, for the benefit of the Owner, and to negotiate and finalise an agreement based on such discussions, and the Owner will not be obligated to offer any altered or modified terms to any other party including other Bidders..4 In the event only one Tender is received, the Owner reserves the right to open the Tender and accept it or not accept it..5 The Bidder agrees that its Tender will be irrevocable and open for acceptance by the Owner for the period specified in the Tender. The Bidder agrees that its Tender will be irrevocable and open for acceptance as aforesaid even if the Tender is non-compliant. 9.3 Acceptance of Terms and Conditions; Release and Limitations of Liability.1 Each Bidder, by submitting a bid, accepts all of the terms, conditions and stipulations set out herein, and acknowledges and agrees that the Owner will have no liability or obligation to any Bidder except only the party, if any, awarded the Contract by the Owner. Each Bidder agrees that, if not awarded the Contract, then, whether or not any express or implied obligation has been discharged by the Owner, the Owner will be fully and forever released and discharged of all liability and obligation in connection with the Invitation to Tender and all related matters, and all actions and procedures which preceded..2 Anything contained in a Tender that contradicts or is at variance with any of the terms of the Contract Documents will not be binding on the Owner unless explicitly accepted and adopted in writing by the Owner..3 The Owner will be free, without obligation to the Bidder, to use any ideas and information submitted by a Bidder, even if confidential, unless the Owner expressly agrees in writing with Bidder that it will not use specific ideas and information which the Bidder has designated as being confidential..4 Any and all claims for damages or other recovery against the Owner, in connection with the Invitation to Tender and related matters and the conduct or outcome of the Invitation to Tender and related matters, will be limited to $10,000 in the aggregate for all Bidders. The Owner may at any time elect to pay this sum into court. The Owner may at any time elect to proceed with one or more Bidders, or with none, and will have no further liability to the other(s), or to any of the Bidders (if the Owner proceeds with none), as the case may be, in connection with the Invitation to Tender and related matters and the conduct or outcome of the Invitation to Tender and related matters..5 In addition to the preceding paragraph, the Bidder, by submitting a bid, agrees that it will not claim damages in excess of an amount equivalent to the reasonable costs incurred by the Bidder in preparing its bid for all matters relating to the Invitation to Tender or the Contract or in respect of the competitive process, and the Bidder, by submitting a bid, waives and releases any claim for loss of profits and for any consequential loss. CLAUSE 10 TENDER OPENING 10.1 Unless otherwise stipulated by the Owner in the Invitation to Tender, Tenders will be opened privately. CLAUSE 11 SPECIAL CONDITIONS AND SUPPLEMENTARY CONDITIONS 11.1 APPENDIX 2 CONSTRUCTION SCHEDULE X will will not apply to the contract Instructions to Bidders Appendix 1 Page ITB-4
10 11.2 APPENDIX 3 - SPECIAL CONDITIONS: X will will not apply to the contract 11.3 APPENDIX 4 - SUPPLEMENTARY CONDITIONS: X will will not apply to the contract. For the purposes of the Contract, the Consultant is: Chow Low Hammond Architects Inc. Clause 12 COMMENCEMENT OF THE WORK 12.1 The Tender Form requires that the successful Bidder commit to commence the Work within the stipulated period after award of the Contract. Bidders are advised that the Owner will insist on strict compliance with this requirement and non-compliance, whether or not due to default by the successful Bidder, may result in immediate termination of the Contract. Clause 13 ALTERNATIVE PRICES 13.1 Where Alternative Prices are to be stated on the Tender Form the amount is for the deduction from or addition to the Contract Price set out in Clause 1 of the Tender Form. DO NOT state a revised Contract Price. Clause 14 POST-TENDER NEGOTIATIONS - CHANGES IN THE WORK 14.1 The Owner may before contract award negotiate changes in the Work with the leading Bidder including terms which are not set out in the Instructions to Bidders in accordance with the following:.1 negotiations will commence with the leading Bidder and between it and its named Subcontractors and Suppliers;.2 if the negotiations with the leading Bidder do not produce a price or terms acceptable to the Owner, the Owner will be entitled to reject the tender from the leading Bidder and commence negotiations with the next ranking Bidder and between it and its named Subcontractors and Suppliers, and if agreement is reached with the next ranking bidder the Owner will be entitled to award the Contract to the next ranking Bidder;.3 at any time before contract award the Owner will be entitled to reject all tenders and collapse the tender, or request re-submissions from all Bidders. Clause 15 NOTICE OF AWARD 16.1 A tender is deemed to be accepted by the Owner upon the receipt by the successful Bidder of written notice of acceptance from the Owner. Such acceptance by the Owner is also referred to in the Contract Documents as contract award or award of the Contract The Bidder agrees to acknowledge receipt of the notice of acceptance, by returning a signed copy within two (2) Working Days. Instructions to Bidders Appendix 1 Page ITB-5
11 APPENDIX 2 CONSTRUCTION SCHEDULE Construction Schedule The Contractor will perform their work in accordance with the Construction Schedule attached to the Tender Documents. The Contractor will:.1 monitor the progress of the Work relative to the Construction Schedule and update the Construction Schedule on a monthly basis or as stipulated by the Contract Documents;.2 promptly advise the Consultant and Owner of any revisions required to the schedule as the result of extensions of the Contract Time; and.3 update the Construction Schedule from time to time as reasonably requested from time to time by the Owner. If the Consultant reasonably objects to any part of the Construction Schedule or the schedule of anticipated monthly progress payments, then the Contractor will address such objections and resubmit a revised Construction Schedule or the schedule of anticipated monthly progress payments, until such time as the Construction Schedule and the said schedule of anticipated monthly progress payments is approved by the Consultant acting reasonably. Time is of the essence in the performance of the Contract. The Contractor and the Consultant will jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under Cash Allowances to avoid delaying the progress of the Work. Co-ordination and phasing The Contractor will take all measures necessary to co-ordinate and arrange appropriate phasing and scheduling and to communicate and liase with the persons involved in connection with the Work. Construction Schedule Appendix 2 Page 1
12 APPENDIX 3 SPECIAL CONDITIONS 1. "payment certifier" under the Builders Lien Act The Consultant will be the "payment certifier" for the purposes of the Builders Lien Act in respect of amounts due to the Contractor under the Contract.
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