NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION

Transcription

1 Recreation & Parks NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION July 2016 CONTRACT DOCUMENT BOX Street NW Nakusp, BC V0G 1R0

2 VILLAGE OF NAKUSP TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 100 INSTRUCTION TO BIDDERS TABLE OF CONTENTS 1. Submission of Tenders Acceptability of Tenders Tender Evaluation Site Conditions Commencement and Completion of Work Material Suppliers Equipment Subdivision of Work Alternative Materials Omissions or Discrepancies Tenders to be Under Seal Alternate or Equal Goods and Services Tax Preferential Treatment/Business Licence Freedom of Information & Privacy... 5 Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 1 of 1 July 5, 2016

3 VILLAGE OF NAKUSP Recreation & Parks TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION 1 Submission of Tenders SECTION 100 INSTRUCTIONS TO BIDDERS Sealed Tenders shall be clearly marked and addressed as follows: ATTN: Terry Welsh Director Recreation & Parks Village of Nakusp 91 1 Street NW, Box 280 Nakusp, BC V0G 1R0 Tender for: Nakusp Sports Complex Entrance Canopy Renovation To reach here before: Closing Date Thursday, August 4, 2016, 2:00 p.m. Local Time Mandatory Site Meeting- Wednesday, July 27, 2016, 1:00 p.m. Local Time 2 Acceptability of Tenders Tenders that are unsigned, incomplete, conditional, illegible, unbalanced, obscure, or that contain additions not called for, reservations, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders must be made on the form provided. On Unit Price Tenders if there is a discrepancy found between the unit prices and the total amount, the unit price shall be considered as representing the intention of the Tenderer. The Owner reserves the right to waive any irregularity or insufficiency and to accept the Tender which it deems most advantageous. Specifically, the Village of Nakusp reserves the right to accept or reject any or all submissions and to waive irregularities and informalities at its discretion. The Village reserves the right to accept a submission other than the lowest bid without stating reasons. The Owner will accept the Tender which it deems most advantageous based on a weighted importance of relevant experience, past performance, technical skills, schedule, and price. By the act of submitting its bid, the Bidder waives any right to contest in any legal proceeding or action the right of the Village to award the work to whomever it chooses, in its sole and unfettered discretion, and for whatever reason the Village deems appropriate. Without limiting the generality of the foregoing, the Village Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 1 of 5 July 5, 2016

4 may consider any other factor besides price and capability to perform the work that it deems in its sole discretion to be relevant to its decision. 3 Tender Evaluation It shall be the bidder s sole responsibility to submit information related to the evaluation categories and to provide additional information that can be deemed to add value and/or demonstrate the superiority of the bidder s proposal. The Village of Nakusp is under no obligation to solicit information not included in the bidder s proposal. 4 Site Conditions The Tenderer must examine the site of the Work before submitting his/her Tender, either personally or through a representative and satisfy himself/herself as to the nature and location of the Work, local conditions, the location of underground utilities and their associated crossing costs, soil structure and topography at the site of the Work, the nature and quality of the materials to be used, the equipment and facilities needed preliminary to and during the prosecution of the Work, the means of access to the site, on-site accommodation, all necessary information as to risks, contingencies and circumstances as may affect his/her Tender, and all other matters which can in any way affect the Work under the Contract. The Tenderer is fully responsible for obtaining all information required for the preparation of his/her Tender and for the execution of the Work. The Tenderer is not entitled to rely on any data or information included in the Tender Documents as to site or subsurface conditions or test results indicating the suitability or quantity or otherwise of site or subsurface materials for backfilling or other uses in carrying out the construction of the Work. If the Tenderer requires additional time to conduct his/her own investigations or is of the opinion either that the site or subsurface conditions or that site or subsurface materials differ materially from that indicated by data or information included in the Tender Documents he/she shall promptly request such additional time or notify the Project Manager in writing of this opinion before the time of Tender submission. The Project Manager will either request the Owner to extend the time for submission of Tenders to enable Tenderers to carry out further investigation or issue an addendum modifying the Tender Documents or both as the circumstances may permit. 5 Commencement and Completion of Work The commencement date shall be the date of the Agreement. The Tenderer shall state in the Tender Form the time within which he/she expects to be able to complete the Work. The Owner desires that the Work under this Contract be completed as quickly as possible and consideration will be given to time for completion when awarding the Contract. 6 Material Suppliers The Tenderer must show in the Tender Form the names of the material suppliers he/she intends to use together with the trade or brand name of the material supplied. Material suppliers must not be changed after the Contract is awarded, unless permission of the Project Manager is obtained. Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 2 of 5 July 5, 2016

5 7 Equipment The Tenderer must state in the Tender Form the equipment he/she intends to use on the Work. The equipment listed must be used on the Work unless otherwise permitted by the Project Manager. The words As Required, or similar wording will not be sufficient to describe the equipment. 8 Subdivision of Work The Tenderers shall note that the plans and specific clauses of the Specifications have been arranged into various sections or subdivisions to better describe the Work to be carried out under this Contract. The Contractor named in the Agreement is solely responsible for all Work under the Contract and for the allocation of Work to subcontractors. The Contractor is responsible for the administration of and subdivision of the Work to subcontractors and all disputes as to scope of the Work to be carried out by the various subcontractors shall be resolved by the Contractor so that all Work is carried out in accordance with the Contract Documents. No claims for extras will be allowed on the basis that subcontractors did not include same in their scope of work due to any subdivisions of Work expressed or implied in the Drawings or Specifications. 9 Alternative Materials Where called for, the Tenderer must submit prices for all alternatives shown in the places provided in the Tender Form. The Tender Price shall be the extension of the lesser of the alternate prices, but the Owner reserves the right to award the Contract on the basis of any alternative shown. 10 Omissions or Discrepancies Should a Tenderer find discrepancies in, or omissions from the Drawings or other Contract Documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Project Manager, who may send a directive to all Tenderers. No oral interpretation shall be made to any Tenderer as to the meaning of any part of the Contract Documents, or be effective to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Project Manager. ATTN: Terry Welsh Director Recreation & Parks Village of Nakusp 91 1 Street NW, Box 280 Nakusp, BC V0G 1R0 11 Tenders to be Under Seal All Tenders shall be signed and sealed in the case of a body corporate and in the case of an individual, partnership, or non-incorporated organization shall be signed, sealed and witnessed. If a Tender is Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 3 of 5 July 5, 2016

6 submitted by a consortium, each corporate member of the consortium shall sign and seal the Tender. 12 Alternate or Equal Where the Specifications or Drawings stipulate that a particular kind or make of material or equipment shall be used, and allow for an equal material or equipment to be substituted, no such substitution may be made unless the Project Manager has five (5) days prior to the date on which Tenders for the Contract close, given written approval for such substitution. When a request to substitute an allegedly equal material or equipment is made to the Project Manager, the Project Manager may approve the substitution either as an equal or an alternate. If an item is approved as equal, the Contractor may use that item in place of the specified item. If the item is approved as an alternate, the Contractor shall base his/her price upon the specified item and may indicate in his/her Tender the reduction in price which will apply if use of the alternate item is allowed. In submission of alternatives or equals to items of material mentioned in the Specifications, the Contractor shall in his/her Tender give consideration to any changes required in the Work to accommodate such alternatives or equals. A claim by the Contractor for an addition to the Contract sum because of changes in Work necessitated by the use of alternatives or equals will not be considered. 13 Goods and Services Tax The Tenderer shall NOT include any amount in his/her Tender Price or tendered prices for the Federal Goods and Services Tax (GST). Any amount to be levied in respect of the GST will be billed as a separate item on a request for progress payment submitted by the Contractor. The appropriate GST levy will be paid to the Contractor in addition to the amount approved by the Project Manager for work performed under the Contract and will, therefore, not affect the Contract Price. 14 Preferential Treatment/Business Licence 3% preferential treatment shall be given to businesses with a Resident Business Licence with the Village of Nakusp to a maximum local preference discount of $1,000. The successful bidder who does not possess a Resident Business Licence and will be physically conducting work of any form within the boundaries of the Village of Nakusp shall require a Temporary Business Licence prior to the beginning of work. The licence term shall be for the length of the project as defined in the following fee schedule. Yearly $100 The supply of materials only is exempt from this provision. Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 4 of 5 July 5, 2016

7 15 Freedom of Information & Privacy This submission and all subsequent submissions are being collected for the purpose of the tender process and shall be pursuant to the provisions of the Community Charter and Local Government Act and their respective regulations, and pursuant to the Freedom of Information and Protection of Privacy Act. Any questions about the collection and distribution of this information can be answered by the Village of Nakusp, FIPPA Coordinator at END OF SECTION Nakusp Sports Complex Section 100 Recreation & Parks Entrance Canopy Renovation Page 5 of 5 July 5, 2016

8 VILLAGE OF NAKUSP TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 200 BASIS OF PAYMENT AND METHOD OF MEASUREMENT FOR LUMP SUM AND UNIT PRICE ITEMS TABLE OF CONTENTS 1 GENERAL LUMP SUM ITEMS UNIT PRICE ITEMS... 2 Nakusp Sports Complex Section 200 Recreation & Parks Entrance Canopy Renovation Page 1 of 1 July 5, 2016

9 VILLAGE OF NAKUSP Recreation & Parks 1 GENERAL TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 200 BASIS OF PAYMENT AND METHOD OF MEASUREMENT FOR LUMP SUM AND UNIT PRICE ITEMS 1.1 Payments will be made on the basis of the lump sum prices bid and the unit prices bid in the Tender, and in accordance with the terms and conditions of the Contract. 1.2 The price bid for various items or work, unless specifically noted otherwise, shall include the supply of all labor, and equipment necessary to complete the construction the Work in accordance with the specifications and the drawings. 1.3 The method of measurement of the quantities for payment and the basis for payment will be in accordance with the following items of this section. 1.4 All materials on site, whether existing structures, vegetation, topsoil, gravel, sand or other excavated or piled materials, are the property of the Owner or the owner of the land on which the work is located. Only those materials specifically noted in the specification or on the drawings as belonging to the Contractor shall become the Contractor s property. 1.5 Where there are excess excavated materials, unsuitable materials excavated or materials of any kind that are excavated but not used in the work, such materials are not the property of the Contractor unless authorized in writing by the Engineer or specified to be disposed of by the Contractor. 2 LUMP SUM ITEMS 2.1 Each lump sum price shall be the full and only amount payable for the bid item and all things directly or indirectly required to complete it in accordance with the Contract, such as, but not limited to, supplying, delivering, erecting, handling, rehandling, storing, consumable items, temporary facilities, scaffolding, protecting, painting, dewatering, setting out, cleanup, measuring, calculations, scheduling, administration, supervising, inspection, testing, overheads, and profit, except to the extent, if any, to which List of Items and Prices lists separate items. Nakusp Sports Complex Section 200 Recreation & Parks Entrance Canopy Renovation Page 1 of 2 July 5, 2016

10 3 UNIT PRICE ITEMS 3.1 General The Schedule of Prices has not been prepared in conformity with any Standard Method of Measurement and the Method of Measurement stated herein shall prevail Each item will be measured for payment in the unit stated in the Schedule of Prices. The unit prices in the Schedule shall remain unchanged not withstanding differences between the actual quantities and the quantities shown herein All quantities will be measured for payment in accordance with the method of measurement description identified for each payment item defined herein. Material volumes for applicable unit rate items will be determined by using the average end area method Requirements and descriptions of work given elsewhere in the Tender Documents are not necessarily repeated herein Should items of a size not listed in the Schedule of Prices be required in a class of work for which specific sizes are listed, unit prices for the sizes not so listed shall be established by agreement but shall be consistent with the unit prices for the sizes listed Each unit price shall be the full and only amount payable for the unit and all things directly or indirectly required to complete it in accordance with the Contract, such as, but not delivering, erecting, handling, rehandling, storing, consumable items, temporary facilities, scaffolding, protecting, painting, dewatering, setting out, cleanup, measuring, calculating, scheduling, administration, supervising, inspection, testing, overheads, and profit, except to the extent, if any, to which List of Items and Prices lists separate items The items listed in Schedule of Prices shall, when all considered together, cover the entire scope of the Work required by the Tender Documents at the time of tendering. The scope of each item is, and shall be, interpreted accordingly. 3.2 Prime Cost Sum The prime cost sums for extra work listed in all schedules shall be used to cover the cost of any additions or changes in the work, authorized by the Project Manager. The Tenderer shall include, in his/her tender price, the prime cost allowance noted within these specifications. Provisions are to be made to add the Prime Cost Sum amount directly to the Tender Price. That portion of prime cost allowance not used will remain the property of the Village. END OF SECTION Nakusp Sports Complex Section 200 Recreation & Parks Entrance Canopy Renovation Page 2 of 2 July 5, 2016

11 VILLAGE OF NAKUSP TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 300 TENDER FORM TABLE OF CONTENTS 1. OFFER ACCEPTANCE APPENDICES ADDENDA CHANGES TENDER SIGNING... 5 Appendix A - Consent of Surety... 6 Appendix B - Schedule of Prices... 7 Appendix B - Schedule of Prices - Quantities... 8 Appendix C - Subcontractors... 9 Appendix D - Product Suppliers Appendix E - Equipment Appendix F - Construction Schedule Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 1 of 1 July 5, 2016

12 VILLAGE OF NAKUSP Recreation & Parks TENDER FORM Submitted by: Name Address Telephone To: Project: Village of Nakusp Nakusp Sports Complex Entrance Canopy Renovation 1 OFFER 1.1 Having examined the Place of Work and all matters referred to in Instructions to Bidders and the Tender Documents prepared by the Village of Nakusp for the Work, we, the undersigned, hereby offer to complete the Work for the Unit Prices and Lump Sums stated herein, which include the supply of all Products, except those specifically stated to be supplied by others, all labour, supervision, services, construction machinery and equipment, overhead and profit, and represent the entire cost to the Owner for completion of the Work. 1.2 We have included herewith the security deposit and Consent of Surety as required by the Instructions to Bidders. 1.3 All applicable Federal and Provincial Taxes and duties are included in the Tender Prices, EXCEPT for the Federal Goods and Services Tax (GST). The Tender Prices DO NOT include the GST. 1.4 We agree that payment for work done under this contract will be made on work actually performed under and by virtue of the Contract Documents at the Unit Prices and Lump Sums Stated herein. 1.5 We agree that if the Project Manager orders us in writing to perform extra work which is not reasonably inferable from the specifications or drawings as being part of the Work, we will perform the same and shall be paid therefore in accordance with the terms of the Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 1 of 12 July 5, 2016

13 General Conditions applicable to Changes in the Work. 1.6 We agree that the estimates of quantities shown in the Tender Form are estimates only for the purpose of comparing tenders on a uniform basis and that neither the Owner nor the Project Manager represent that the actual quantities will correspond therewith and that we will be paid at the tendered unit prices for the actual quantities handled. 1.7 We agree that the Owner may delete from the Contract a portion or portions of the Work without any change in the unit prices provided such deletion is not for the purpose of allowing someone else to perform the deleted portion during the Contract Time. 2 ACCEPTANCE 2.1 This Tender shall be open for acceptance and is irrevocable for Sixty (60) days from the Tender closing date, irrespective of the acceptance of another Tender. 2.2 If this Tender is accepted by the Owner within Sixty (60) days of the Tender closing date, and we receive written notice of this acceptance, we will: Execute the Agreement, within Seven (7) days of receipt of the form for execution Furnish the required Bonds within Seven (7) days of receipt of the form of Agreement, in the form described in the General Conditions, Article GC Commence Work within Seven (7) days of the Notice of Acceptance Complete the Work by October 31, 2016 and specified portions of the work by the dates in the Contract Documents. 2.3 If this Tender is accepted within the time stated herein, and we fail to execute the Agreement and provide the required Bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the deposit or the difference between this Tender and the Tender for which the Contract is signed. 2.4 In the event our Tender is NOT accepted within the time stated herein, the required security deposit shall be returned to the undersigned, in accordance with the provisions in the Instructions to Bidders, unless a mutually satisfactory arrangement is made for its retention and validity for an extended period of time. 3 APPENDICES 3.1 A Schedule of Prices is appended hereto and identified as Appendix B Payment for work done under this Contract will be made in accordance with the Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 2 of 12 July 5, 2016

14 following: a) Where the quantities are included in the Tender Documents and Unit Prices are submitted, payment will be based on the actual quantities performed on the Work as verified by the Engineer and the Unit Prices tendered. b) Where Lump Sum Prices are submitted, payment will be based on the respective items of work at the Lump Sums Tendered. 3.2 A list of Sub-contractors is appended hereto and identified as Appendix C We agree that Sub-contractors shall not be changed unless permission of the Project Manager is obtained. 3.3 A list of Product Suppliers is appended hereto and identified Appendix D We agree Suppliers will not be changed unless agreed by the Engineer. 3.4 A list of Equipment is appended hereto and identified as Appendix E This Appendix lists the equipment we intend to use on various portions of the Work For each piece of equipment listed we have stated: type, make, model, year, present location, name of owner Where excavating equipment is required to construct this project, we have listed the widths of buckets to be used We agree that the equipment listed in this Appendix shall be used on the Work unless substitutions are approved by the Engineer We understand that the words As Required, or similar wording, will not be sufficient to describe the equipment. 3.5 A construction schedule is appended hereto and identified as Appendix F List the work activities, start and complete dates and number of calendar days required to perform the Work of this Contract. Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 3 of 12 July 5, 2016

15 4 ADDENDA 4.1 The following Addenda have been received. The Modifications to the Tender Documents noted therein have been considered and the effects are included in the Tender Prices. Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated 5 CHANGES 5.1 When the Project Manager establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with of the General Conditions of the Contract, our percentage fees shall be not more than 12% overhead and profit. Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 4 of 12 July 5, 2016

16 6 TENDER SIGNING This Tender is executed under seal at Nakusp This day of, Name of Firm Address FOR LIMITED COMPANY - The Corporate Seal of: (Bidder - please print) (Seal) Was hereunto affixed in the presence of: (Authorizing Signing Officer) (Title) (Authorizing Signing Officer) (Title) Note: If the Tender is by a joint venture, add additional forms of execution for each member of the joint venture in the appropriate form or forms as above. Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 5 of 12 July 5, 2016

17 Appendix A Consent Of Surety Herewith is the Consent of Surety referred to in Article 3.1 of the Tender submitted by: Bidder: To Owner: Dated Village of Nakusp, and which is an integral part of this Tender. Consent of Surety Company Should they be required, the undersigned Surety Company hereby consents and agrees with the Owner to become bound as Surety in all Performance Assurance Bonds required by the Contract Documents, all for the fulfilment of the contract for the Work covered by the annexed Tender, which may be awarded to: (Name of Company) (Address) At the prices set forth in the attached Tender. The said Company is legally entitled to do business in the Province of British Columbia. (Name of Company) (Address) Per: (Executed under seal) Per: Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 6 of 12 July 5, 2016

18 Appendix B Schedule of Prices Herewith is the list of Unit Prices as referred to in Article 3.2 and identified as: Schedule "A" Of the Tender submitted by: Bidder To the Owner, the Village of Nakusp for the construction of the Nakusp Sports Complex Entrance Canopy Renovation Dated:, and which is an integral part of this Tender. Total Price For All Work Sections: Reference Schedule of Quantities on Next Page Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 7 of 12 July 5, 2016

19 Appendix B Schedule Of Prices - Quantities ITEM DESCRIPTION UNIT QTY UNIT AMOUNT RATE 1 Concrete Work (Slab) m3 2 Footings Total 1 3 Structural Elements Total 1 4 Labour Total 1 5 Materials Total 1 6 PRIME SUM Total 1 TOTAL Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 8 of 12 July 5, 2016

20 Appendix C Subcontractors Herewith is the list of Subcontractors referred to in Article 3.3 of the Tender submitted by: Bidder: To Owner Village of Nakusp Dated:, and which is an integral part of this Tender. The name of subcontractors or Own Forces shall be named for the following sections of work. The use of the term Own Estimate is not acceptable. SECTION OF WORK NAME Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 9 of 12 July 5, 2016

21 Appendix D Product Suppliers Herewith is the list of Product Suppliers referred to in Article 3.4 of the Tender submitted by: Bidder: To Owner: Village of Nakusp Dated:, and which is an integral part of this Tender. PRODUCT PROVIDED MANUFACTURER SUPPLIER Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 10 of 12 July 5, 2016

22 Appendix E Equipment Herewith is the list of Equipment referred to in Article 3.5 of the Tender submitted by: Bidder: To Owner Village of Nakusp Dated:, and which is an integral part of this Tender. EQUIPMENT PROVIDED HOURLY RATE Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 11 of 12 July 5, 2016

23 Appendix F Construction Schedule Herewith is the Construction Schedule referred to in Article 3.6 of the Tender submitted by: Bidder: To Owner: Village of Nakusp Dated:, and which is an integral part of this Tender. PRICE PER SECTION OF WORK TIME (Calendar Days) A B C D E F G H I J END OF SECTION Nakusp Sports Complex Section 300 Recreation & Parks Entrance Canopy Renovation Page 12 of 12 July 5, 2016

24 VILLAGE OF NAKUSP TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 400 UNIT PRICE AGREEMENT/CONTRACT DOCUMENTS TABLE OF CONTENTS 1. AGREEMENT ARTICLE A-1 - THE WORK ARTICLE A-2 - CONTRACT PRICE ARTICLE A-3 - PAYMENT ARTICLE A-4 - PROPER LAW ARTICLE A-5 - SIGNATURES... 3 Nakusp Sports Complex Section 400 Recreation & Parks Entrance Canopy Renovation Page 1 of 1 July 5, 2016

25 VILLAGE OF NAKUSP Recreation & Parks TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 400 AGREEMENT This Agreement made in quadruplicate the day of in the year Two Thousand Sixteen by and between: Village of Nakusp 91 1 st Street NW P.O. Box 280 Nakusp, BC V0G 1R0 And (herein after called the "Owner") witnesseth that the Owner and Contractor undertake and agree as follows: ARTICLE A-1 - THE WORK The Contractor shall: (hereinafter called the "Contractor") a) perform all the Work required by the Contract Documents for the Nakusp Sports Complex Entrance Canopy Renovation. b) do and fulfill everything required by this Agreement, and c) subject to the provisions of General Conditions Articles 10.1 and 11.2 commence the Work by the day of, 2016 and in any event complete the Work of this Contract as certified by the Project Manager, by the 31 st day of October, Terry Welsh, acting as and hereinafter called the "Project Manager" and Time is of the essence of this Contract. Nakusp Sports Complex Section 400 Recreation & Parks Entrance Canopy Renovation Page 1 of 3 July 5, 2016

26 ARTICLE A-2 - CONTRACT PRICE The Contract Price is Dollars, ($ ) in Canadian Funds, which price is the aggregate of the estimated unit quantities multiplied by the Unit Prices and Lump Sums set in the executed Tender. This Contract Price will be varied as the actual quantities handled vary and will be subject to adjustments as may be determined in accordance with the General Conditions of the Contract. ARTICLE A-3 - PAYMENT a) Subject to applicable legislation respecting lien holdback percentages and in accordance with the provisions of the General Conditions of the Contract, the Owner shall: (2) make payments to the Contractor on account of the Contract Unit Prices. The amounts of such payments shall be based on the certificates of the Engineer; and (3) upon Substantial Performance of the Work as certified by the Engineer pay to the Contractor any unpaid balance of holdback monies then due: and (4) when all the Work under the Contract other than Warranty requirements has been performed and certified by the Engineer, pay to the Contractor any unpaid balance of the Contract Price then due. b) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in any award by arbitration or court, interest at the rate of one (1%) percent per month of such unpaid amounts including earned interest, shall also become due and payable until payment. Such interest shall become calculated and added to any unpaid amounts monthly. ARTICLE A-4 - PROPER LAW The law of the Place of the Work shall govern this Contract. Nakusp Sports Complex Section 400 Recreation & Parks Entrance Canopy Renovation Page 2 of 3 July 5, 2016

27 ARTICLE A-5 - SIGNATURES In witness whereof the parties hereto have caused this Agreement to be properly executed. FOR INDIVIDUAL OR PARTNERSHIP SIGNED, SEALED, AND DELIVERED BY (Owner) (Contractor) (Signature) (Seal) (Signature) (Seal) In the presence of: In the presence of: (Witness) Signature (Witness) Signature Name: Name: Address: Address: Occupation: Occupation: FOR LIMITED COMPANY The Corporate Seal of Village of Nakusp (Owner) was hereunto affixed in the presence of: The Corporate Seal of (Contractor) was hereunto affixed in the presence of: MAYOR (Authorized Signing Officer) (Authorized Signing Officer) Chief Administrative Officer (Authorized Signing Officer) (Authorized Signing Officer) (Seal) (Seal) END OF AGREEMENT Nakusp Sports Complex Section 400 Recreation & Parks Entrance Canopy Renovation Page 3 of 3 July 5, 2016

28 VILLAGE OF NAKUSP Recreation & Parks TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION GENERAL CONDITIONS OF THE CONTRACT TABLE OF CONTENTS 1 GENERAL Definitions 1.2 Documents 2 OWNER Clear Property Title 2.2 Owner s Right To Stop Work Or Terminate The Contract 2.3 Owner s Right of Entry 3 CONTRACTOR Contractor s Responsibilities And Control Of The Work 3.2 Superintendent 3.3 Contractor s Right To Terminate The Work 3.4 Rejected Work 3.5 Use of the Premises 4 OWNER AND THE CONTRACTOR Damages And Mutual Responsibility 4.2 Assignment 4.3 Settlement of Disputes 5 PROJECT MANAGER Project Manager s Decisions 5.2 Inspection Of The Work 5.3 Ownership of Documents and Models 6 OTHER PARTIES Subcontractors 6.2 Other Contractors Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 1 of 2 July 5, 2016

29 7 CONTRACT TIME Contract Time 7.2 Schedule 7.3 Delays 8 CHANGES AND INSTRUCTIONS Changes In The Work 8.2 Valuation and Certification Of Changes In The Work 8.3 Additional Instructions 9 PAYMENT/CERTIFICATES Application For Payment 9.2 Substantial Performance 9.3 Certificates And Payments 9.4 Liquidated Damages 10 PERFORMANCE ASSURANCE Bonds 10.2 Warranty 11 INDEMNIFICATION AND INSURANCES Indemnification 11.2 Insurance 12 WORKERS COMPENSATION GOODS AND SERVICES TAX REGULATORY REQUIREMENTS Laws/Regulations 15 EMPLOYEES Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 2 of 2 July 5, 2016

30 VILLAGE OF NAKUSP Recreation & Parks TENDER FOR NAKUSP SPORTS COMPLEX ENTRANCE CANOPY RENOVATION SECTION 500 GENERAL CONDITIONS 1 GENERAL 1.1 Definitions Contract Documents: consist of the executed Agreement and the General Conditions of the Contract, the executed Tender, General Specifications, drawings and such other documents as are listed in Article A-2 of the Agreement including all amendments thereto incorporated before their execution as agreed upon between the two parties in writing Owner, Project Manager, Contractor: persons, firms or corporations identified in the Agreement. Such parties are referred to throughout the Contract Documents as if singular in number and masculine in gender. The terms Owner and Project Manager include their authorized representatives as designated in writing to each of the other parties Subcontractor: shall have the meaning ascribed thereto in the Builders Lien Act Other Contractor: a person, firm or corporation employed by or having a separate contract directly with the Owner for work other than the Work Project: means the total concept of which the Work may be the whole or a part Work: means totality of all products, labour and services required by the Contract Documents Place of the Work: the site or location of the Work, designated in the Contract Documents Products: Means all materials, machinery, equipment and fixtures forming or intended to form the completed Work or a part thereof but excludes machinery and equipment used for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment Day: shall mean a calendar day. Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 1 of 25 July 5, 2016

31 Working Day: Shall mean days other than Saturdays, Sundays, and holidays which are observed by the construction industry in the area of the Place of Work. If the contract Time is based on a number of Working Days, in addition to the foregoing, a Working Day shall mean a day on which, in the opinion of the Project Manager, atmospheric and/or ground conditions are suitable for work on one or more of the main work items for at least seven (7) hours between either 7:00 a.m. local time or the Contractor s normal starting time, whichever is earlier, and 7:00 p.m. local time Substantial Performance and Certificate of Substantial Performance: Whether for the Contractor or a Subcontractor, shall have the meanings ascribed thereto in the Builders Lien Act Final Payment: shall mean all sums due to the Contractor when terms and conditions of the Contract appear to be complete Net Cost: shall mean the proven cost of Products, labour which includes actual worker s pay, Workers Compensation Insurance, Canada Pension Plan, workers premium for Unemployment Insurance, holiday pay and medical benefits; payments to a proportionate part of the wages of foreman; plant and tools; as applicable to the item being cost Contract Price: shall mean the sum stated in the Agreement and as may be amended during the progress of the Work Contract Time: identified as the time stated in Article A-1 of the Agreement, elapsing from the date of commencement of the Work until the date of completion of the Work, certified by the Project Manager Certificate of Total Performance: shall mean the Certificate issued by the Project Manager certifying that the work has been completed by the Contractor, except for the requirements of the provisions as to warranty. 1.2 Documents The Contract Documents, except Agreement, shall be signed or initialed in triplicate by the Owner and the Contractor, any contract documents which may be bound separately, shall be signed or initialed for identification The Contract Documents are complementary, and what is required by one shall be as binding as if required by all The intention of the Contract Documents is to include all Products, labour, and services necessary to perform the Work in accordance with these documents, including all minor Products, labour and services not shown or specified, but which are reasonably necessary for the performance and completion of the Work. Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 2 of 25 July 5, 2016

32 1.2.4 Words which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings In the event of conflicts between Contract Documents the following shall apply: 2 OWNER 2.1 Clear Property Title The Agreement between the Owner and the Contractor; the Definitions Supplementary Conditions; the General Conditions Division 1 of the Specifications; technical Specifications material and finishing schedules; the Drawings The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor s performance of the Contract which are attributable to lack of or a defect in title to the Place of Work Necessary access or easements to the Place of Work will be arranged by the Owner. The Contractor shall have use of this access for the purposes incidental to the Contract. Any such use shall not interfere with the operations of the Owner, any Other Contractor or persons employed by the Owner, or with the rights of any other persons The Contractor may wish to arrange for special easements or special use of adjoining or neighbouring public or private properties for purpose of expediting the Work. The Contractor shall hold the Owner and the Project Manager harmless from any claims arising from use thereof. 2.2 Owner s Right To Stop Work Or Terminate The Contract If the Project Manager at any time is of the opinion that the Contractor: - is neglecting to prosecute the Work proper or in accordance with the approved schedule; or - is failing or has failed to perform any provision of the Contract, or - refuses or fails to supply sufficient skilled workers, provide proper workmanship, supply sufficient or proper Products, construction machinery or equipment; or Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 3 of 25 July 5, 2016

33 - persistently disregards laws or ordinances or the Project Manager s instructions: or - otherwise violates to a substantial degree the provisions of the Contract and so certifies in writing to the Owner and the Contractor, the Owner may give the Contractor notice in writing, to correct such failure or default within five (5) working days If the Contractor fails to correct the failure or default within the time specified in such notice, the Owner may, without prejudice to any other right or remedy he/she may have, terminate forthwith the Contractor s right to perform the Work or any part thereof or terminate the Contract forthwith If the failure or default is such that, in the opinion of the Project Manager, it cannot be corrected within the time specified in the notice, the Contractor shall be deemed to have compiled with the notice if he/she: - commences the correction of the failure or default within the time specified and, - furnishes the Project Manager with a schedule for such correction acceptable to the Project Manager within the time specified and, - completes such correction within the time or times set forth in such schedule If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit or creditors, or if a receiver is appointed on account of his/her insolvency, the Owner may, without prejudice to any other right or remedy he/she may have, by giving the Contractor written notice, terminate forthwith the Contractor s right to perform the Work, or he/she may terminate the Contract forthwith If the Owner terminates the Contract or the Contractor s right to perform the Work, the Owner is entitled: a) to take possession of the Place of Work and Products therein and utilize the construction machinery and equipment, the whole subject to the rights of the third parties, and to finish the Work by whatever method the Owner may deem expedient but without undue delay or expense. b) to withhold payments to the Contractor until the Work is completed. c) upon completion of the Work charge the Contractor the difference in cost to the Owner, as certified by the Project Manager, between the cost of finishing the Work and the amount which would have been due to the Contractor under the Contract if all of the work had been performed by the Contractor and also the additional costs for the Project Manager for his/her additional service caused by such termination. In addition, the Owner shall retain a reasonable allowance as Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 4 of 25 July 5, 2016

34 2.3 Owner s Right of Entry determined by the Project Manager to cover the costs of any corrections required by Warranty. d) on expiry of the warranty period or periods, charge the Contractor the amount by which the cost of corrections under 10.2 Warranty exceeds the allowance provided for such corrections, as described in (c) above, or if the cost of such corrections is less than the allowance, pay the Contractor the difference The Owner shall have the right to enter, occupy, and use the Work in whole or in part at any time before completion of this Contract, if such entry, occupation and use does not prevent or interfere with the performance of the Work Such entry, occupation and use shall neither be considered as acceptance of the Work by the Owner nor shall it relieve the Contractor of responsibility to complete the Work. 3 CONTRACTOR 3.1 Contractor s Responsibilities And Control Of The Work The Contractor shall have complete control of the Work. He/She shall effectively direct and supervise the Work to ensure conformance with the Contract Documents. He/She shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all parts of the Work The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and to design and execution of construction methods required in their use. The Contractor shall engage and pay for registered professional Project Management personnel skilled in the appropriate discipline to perform these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional Project Management skill is required to produce safe and satisfactory results. 3.2 Superintendent The Contractor shall employ a competent superintendent who shall be in attendance at the Place of Work at all times while work is being performed The superintendent shall represent the Contractor at the Place of Work and directions given to him/her shall be held to have been given to the Contractor. Important directions will be confirmed to the Contractor in writing by the Project Manager The superintendent shall be satisfactory to the Project Manager and shall not be changed by the Contractor except for good reason and only then after consultation with and Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 5 of 25 July 5, 2016

35 agreement by the Project Manager The Project Manager shall have the authority to order the removal from the Work, of Superintendent, Supervisor, Foreman or other employee on the work should the Project Manager consider such person detrimental to the progress or quality of the Work. Any person so removed shall not be re-employed on the Work by the Contractor or by a Subcontractor. 3.3 Contractor s Right To Terminate The Work If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his/her insolvency, the Contract may, without prejudice to any other right or remedy he/she may have, by giving the Owner written notice, terminate the Contract If the Work should be stopped or otherwise delayed for a period or thirty days or more under an order of any court, or other public authority, provided such order was not issued as the result of any act or fault of the Contractor, or of any one directly or indirectly employed by him/her, the Contractor may without prejudice to any other right or remedy he/she may have, by giving the Owner written notice, terminate the Contract The Contractor may notify the Owner in writing, with a copy to the Project Manager, that the Owner is in default of his/her contractual obligations if the Owner fails to pay to the Contractor within thirty (30) days of the date of the Project Manager s Certificate any amount certified by the Project Manager, subject always to the Owner s rights under law or this Contract to make deductions. Such written notice shall advise the owner that if such default is not corrected within five (5) working days from the Owner s receipt of the written notice, the Contractor may, without prejudice to any other right or remedy he/she may have, terminate the Contract If the Contractor terminates the Contract under the conditions set out above, he/she shall be entitled to be paid for all the work performed up to the date of the Owner s receipt of such notice. The Project Manager shall in his/her absolute discretion, certify the value of such work to the said date. If the Contractor terminates the Contract under the provisions of or 3.3.3, the Contractor shall also be entitled to two and one half ( 2 ½%) percent of the difference between such value and the Contract Price if such value is less than fifty (50%) percent of the Contract Price and to five (5%) percent of the difference between such value and the Contract Price if such value is fifty (50%) per cent or more of the Contract Price in lieu of all other claims for damages. 3.4 Rejected Work Defective work whether the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of the Contractor, and whether incorporated in the Work or not, which has been rejected by the Project Manager as failing to conform to the Contract Documents shall be removed promptly from the Work and Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 6 of 25 July 5, 2016

36 replaced or re-executed by the Contractor in accordance with the Contract Documents at the Contractors expense Other work destroyed or damaged by such removals, replacements or re-execution shall be made good promptly at the Contractor s expense The Owner reserves the right to correct defective or rejected work and deduct the cost of the same from the Contract Price If in the opinion of the Project Manager, it is not expedient to correct defective work or work not done in accordance with the Contract Documents, the Owner may deduct from the Contract Price the difference in value between the Work as done and that required by the Contract, the amount of which shall be determined and certified by the Project Manager. 3.5 Use of the Premises The Contractor shall confine his/her equipment and plant, storage of materials and his/her operations to limits indicated by Laws, Ordinances, Permits, the Contract Documents or by specific direction of the Project Manager and shall not unreasonably encumber the Place of Work The Contractor shall not load or permit to be loaded on any part of the Work, a weight or load or force that will endanger its safety or exceed the design loads The Contractor shall not interfere in any way with the work or schedule of any Other Contractor or employee of the Owner. In order to avoid or minimize such interference, the Project Manager may in his/her absolute discretion establish schedules or methods and shall notify the Contractor accordingly. The Contractor shall without receiving any additional payment comply with the schedules or methods established by the Project Manager. Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 7 of 25 July 5, 2016

37 4 OWNER AND THE CONTRACTOR 4.1 Damages And Mutual Responsibility If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or anyone employed through him/her, then he/she shall be reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party Claims under this Article shall be made in writing to the party liable within ten (10) working days after the first observation of such damage and may be settled by agreement or in the manner set out in the Contract Documents for the settlement of disputes If the Contractor has caused damage to any Other Contractor on the Project, the Contractor shall indemnify and hold harmless the Owner from and against any and all claims, costs, suits or proceedings arising therefrom If the Contractor becomes liable to pay or satisfy any final order, judgment or award against the Owner, then the Contractor, upon undertakings to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction. 4.2 Assignment Neither party to the Contract shall assign the Contract or any portion thereof without the written notice of the other. 4.3 Settlement of Disputes If any dispute arises between the Owner, or the Project Manager on his/her behalf, and the Contractor during the progress of the Work or afterwards or after the termination or breach of the Contract as to any matter arising thereunder, then every such dispute, difference or question may, with the consent of both the Owner and Contractor be referred to arbitration. The notice demanding arbitration shall specify the matter in dispute and the amount in dispute or the amount reasonably expected to depend on the resolution of the dispute If the amount set out in the notice does not exceed $50,000.00, the reference shall be to a single arbitrator. If the amount set out in the notice exceeds $50,000.00, the reference shall be to three arbitrators If the reference is to a single arbitrator and within fifteen days of the service of such written notice demanding arbitration the parties have not agreed on the single arbitrator, either party may apply to the Court for the appointment of the arbitrator. Nakusp Sports Complex Section 500 Recreation & Parks Entrance Canopy Renovation Page 8 of 25 July 5, 2016