request for proposals€¦ · 3.1.3 proposals should be submitted on time at prescribed location...

REQUEST FOR PROPOSALS Black Mountain / Sntsk‘il’ntən Regional Park Fencing Installation File #: R16-309 Date of Issue: September 9th, 2016

Closing Location: By hand, mail or courier to:

Regional District of Central Okanagan Main Floor Reception 1450 KLO Road Kelowna, BC V1W 3Z4

Submission Date and Time: One paper copy of each proposal must be received prior to 3 pm Local Time, September 29th, 2016

Non-Mandatory Proponent’s Meeting: Date: September 20th, 2016 Time: 10:00AM (Pacific Time) Location: Intersection of Swainson Road and Treetop Road, Kelowna, BC

Regional District Contact: All enquiries must be directed to: Andy Brennan Purchasing Manager 1450 KLO Road Kelowna, BC V1W 3Z4 Tel: 250-469-6170 Email: [email protected]

R16-309 Black Mountain / Sntsk‘il’ntən Regional Park Fencing Installation

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TABLE OF CONTENTS

1.0 INTRODUCTION ..................................................................................... 3

1.1 Invitation to Proponents ........................................................................... 3

1.2 Type of Contract for Deliverables ................................................................ 3

2.0 THE DELIVERABLES ................................................................................. 4

2.1 Description of Deliverables ........................................................................ 4

2.2 Material Disclosures ................................................................................ 4

3.0 EVALUATION OF PROPOSALS ..................................................................... 5

3.1 Timetable and submission instructions ........................................................ 5

3.2 Stages of Proposal Evaluation ..................................................................... 5

3.3 Stage I – Mandatory Requirements, Submission and Rectification ........................... 5

3.4 Stage II – Evaluation of Rated Criteria ........................................................... 6

4.0 TERMS AND CONDITIONS OF THE RFP PROCESS............................................... 7

4.1 General Information and Instructions ............................................................ 7

4.2 Communications After Issuance of RFP .......................................................... 7

4.3 Negotiations, Notification and Debriefing ...................................................... 8

4.4 Prohibited Communications and Confidential Information ................................... 9

4.5 Procurement Process Non-Binding .............................................................. 10

4.6 Governing Law and Interpretation .............................................................. 10

APPENDIX A – FORM OF AGREEMENT .................................................................. 11

APPENDIX B – SUBMISSION FORM ....................................................................... 21

APPENDIX C – REMUNERATION FORM .................................................................. 24

APPENDIX D – REFERENCES & EXPERIENCE FORM .................................................... 25

APPENDIX E – METHODOLOGY FORM ................................................................... 26

APPENDIX F – LIST OF SUBCONTRACTORS FORM ..................................................... 27

APPENDIX G – SCOPE OF WORK & EVALUATION CRITERIA .......................................... 28

APPENDIX H - BLACK MOUNTAIN / SNTSK'IL'NTEN REGIONAL PARK LOCATION MAP 31

APPENDIX I - DESIGN DRAWINGS 32


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TERMS OF REFERENCE

1.0 INTRODUCTION

1.1 Invitation to Proponents This Request for Proposals (“RFP”) is an invitation by the Regional District of Central Okanagan (the “Regional District”) to prospective proponents to submit proposals for the supply, construction and installation of 3 strand high tensile smooth wire fencing, Cattle Guard and Gates for the western boundary of Black Mountain / Sntsk‘il’ntən Regional Park, as further described in Part 2 – The Deliverables (the “Deliverables”). For the purposes of this procurement process, the “Regional District Contact” shall be: Andy Brennan, Purchasing Manager – [email protected].

1.2 Type of Contract for Deliverables The selected proponent will be requested to enter into negotiations for an agreement with the Regional District for the provision of the Deliverables, based on the form of agreement included in Appendix A hereto.

[End of Part 1]


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2.0 THE DELIVERABLES

2.1 Description of Deliverables This RFP is an invitation to submit offers for the supply, construction and installation of 3 Strand High Tensile Smooth Wire Fencing, Cattle Guard and Gates for the western boundary of Black Mountain / sntsk‘il’ntən Regional Park. A brief summary of the contract scope of work is as follows:

• Supply and Install of a Cattle Guard

• Supply and Construct 2,700m of 3 Strand High Tensile Smooth Wire Fence

• Supply and Install a Pedestrian Gate. Schedule: Substantial Performance of the Work must be achieved on or before November 30th, 2016, based on the Regional District executing a contract with the successful proponent on or before October 3rd, 2016. Total Completion of the Work must be achieved by December 31st, 2016.

Full details on the requirements and scope of work is described in Appendix G – Scope of Work & Evaluation Criteria.

2.2 Material Disclosures Proponents should refer to Appendix G – Scope of Work & Evaluation Criteria – Section B. Material Disclosures.

[End of Part 2]


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3.0 EVALUATION OF PROPOSALS

3.1 TIMETABLE AND SUBMISSION INSTRUCTIONS Proponents should submit their proposals according to the following timetable and instructions.

3.1.1 Timetable

Issue Date of RFP September 9th, 2016 Proponent’s Meeting September 20th, 2016 Deadline for Questions September 22nd, 2016 Submission Date September 29th, 2016 Rectification Period 5 business days

The RFP timetable is tentative only, and may be changed by the Regional District at any time.

3.1.2 Proposals Should be Submitted in Prescribed Manner Proposals should be submitted at: Regional District of Central Okanagan, Main Floor Reception, 1450 KLO Road, Kelowna, BC. V1W 3Z4

Proponents should submit one paper original in a sealed package.

Proposals are to be prominently marked with the RFP title and number (see RFP cover), with the full legal name and return address of the proponent, and with the Submission Date.

The proposal shall convey the proponent’s methodology in a clear and concise manner.

3.1.3 Proposals Should Be Submitted on Time at Prescribed Location

Proposals should be submitted at the location set out above on or before the Submission Date. Proposals submitted after the Submission Date will not be considered.

3.1.4 Withdrawing Proposals

At any time throughout the RFP process, a proponent may withdraw a submitted proposal. To effect a withdrawal, a notice of withdrawal must be sent to the Regional District Contact and must be signed by an authorized representative. The Regional District is under no obligation to return withdrawn proposals.

3.2 STAGES OF PROPOSAL EVALUATION

The Regional District will conduct the evaluation of proposals in the following two (2) stages:

3.3 STAGE I – MANDATORY REQUIREMENTS, SUBMISSION AND RECTIFICATION Stage I will consist of a review to determine which proposals comply with all of the mandatory requirements. The mandatory requirements are the completion and submission of the appendices listed in this 3.3. Proposals failing to satisfy the mandatory requirements as of the Submission Date will be provided an opportunity to rectify any deficiencies during the Rectification Period. The Rectification Period will begin to run from the date and time that the Regional District issues its rectification notice to the proponent. Proposals failing to satisfy the mandatory requirements within the Rectification Period will be excluded from further consideration. Proposals satisfying the mandatory requirements within the Rectification Period will proceed to Stage II.

3.3.1 Submission


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Other than inserting the information requested on the mandatory submission forms set out in the RFP, a proponent may not make any changes to any of the forms.

3.3.2 Submission Form (Appendix B)

Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent.

3.3.3 Remuneration Form (Appendix C)

Each proponent must include this form completed according to the instructions contained in the form.

3.3.4 Reference & Experience Form (Appendix D)

Each proponent must complete the References & Experience Form (Appendix D) and include it with its proposal.

3.3.5 Methodology & Schedule Form (Appendix E)

Each proponent must complete the Methodology & Schedule Form (Appendix E) and include it with its proposal.

3.3.6 List of Subcontractors Form (Appendix F)

Each proponent must complete the List of Subcontractors Form (Appendix F) and include it with its proposal.

3.4 STAGE II – EVALUATION OF RATED CRITERIA Stage II will consist of a scoring by the Regional District of each qualified proposal on the basis of the Rated Criteria. Proponents should refer to Appendix G – Scope of Work & Evaluation Criteria, Section C - Rated Criteria for a breakdown of the Rated Criteria. At the conclusion of Stage II, the highest ranking proponent will be selected for the finalization of a contract in accordance with Part 4.3.

[End of Part 3]


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4.0 TERMS AND CONDITIONS OF THE RFP PROCESS

4.1 GENERAL INFORMATION AND INSTRUCTIONS 4.1.1 Proponents to Follow Instructions

Proponents should structure their proposals in accordance with the instructions in the RFP. Where information is requested in the RFP, any response made in a proposal should reference the applicable section numbers of the RFP where that request was made.

4.1.2 Proposals in English

All proposals are to be in English only.

4.1.3 N/A 4.1.4 Proponents Shall Bear Their Own Costs

The proponent shall bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations.

4.1.5 Proponent’s Meeting A Proponent’s meeting and site tour will be held on September 20th, 2016 at 10am at the intersection of Swainson Road and Treetop Road, Kelowna. It is not a mandatory requirement to attend the Proponent’s meeting and site tour.

4.1.6 N/A 4.1.7 Proposals Form a Single Legal Entity

Proposals should be submitted by a single legal entity that will act as the prime Proponent who is the main contact to the Regional District in respect of the RFP process and for the purposes of performing any resulting Contract. The identified prime Proponent will be prepared to take overall responsibility for any subsequent agreement. Proposals should not be submitted by joint ventures.

4.2 COMMUNICATION AFTER ISSUANCE OF RFP 4.2.1 Proponents to Review RFP

Proponents shall promptly examine all of the documents comprising the RFP, and a) Shall report any errors, omissions or ambiguities; and b) May direct questions or seek additional information

In writing by email on or before the proponent’s Deadline for Questions to the Regional District Contact. All questions submitted by proponents by email to the Regional District Contact shall be deemed to be received once the email has entered into the Regional District Contact’s email inbox. Only the Regional District Contact 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.

It is the responsibility of the proponent to seek clarification from the Regional District Contact on any matter it considers to be unclear. The Regional District shall not be responsible for any misunderstanding on the part of the proponent concerning the RFP or its process.

4.2.2 All new Information to Proponents by Way of Addenda


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The RFP may be amended only by an addendum in accordance with this section. If the Regional District, for any reason, determines that it is necessary to provide additional information relating to the RFP, such information will be communicated to all proponents by addenda. Each addendum forms an integral part of the RFP. Such addenda may contain important information, including significant changes to the RFP. The Regional District may issue addenda by posting them publicly to the Regional District’s purchasing page on its website at www.regionaldistrict.com/purchasing. It is the Proponent’s responsibility to check for any addenda posted to this location up until the Submission Date and Time. In the Submission Form (Appendix B), proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided.

4.2.3 Verify, Clarify and Supplement

When evaluating responses, the Regional District may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent’s proposal. The Regional District may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information.

4.2.4 No Incorporation by Reference

The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal will not be considered to form part of its proposal.

4.2.5 Proposal to Be Retained by the Regional District

The Regional District will not return the proposal or any accompanying documentation submitted by a proponent.

4.3 FINALIZATION OF CONTRACT WITH HIGHEST SCORING PROPONENT, NOTIFICATION AND

DEBRIEFING 4.3.1 Selection of Top-Ranked Proponent

The top-ranked proponent, as established under Part 3 – Evaluation of Proposals, will receive a written invitation to enter into direct contract negotiations with the Regional District.

4.3.2 Timeframe for Negotiations

The Regional District intends to conclude negotiations within thirty (30) days commencing from the date the Regional District invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously.

4.3.3 Process Rules for Negotiations

Any negotiations will be subject to the process rules contained in this Part 4 – Terms and Conditions of RFP Process and the Submission Form (Appendix B) and will not constitute a legally binding offer to enter into a contract on the part of the Regional District or the proponent. Negotiations may include requests by the Regional District for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by the Regional District for improved pricing from the proponent.

4.3.4 Terms and Conditions

The terms and conditions found in the Form of Agreement (Appendix A) are to form the starting point for negotiations between the Regional District and the selected proponent.

4.3.5 Failure to Enter Into Agreement

Proponents should note that if the parties cannot execute a contract within the allotted thirty (30) days, the Regional District may invite the next-best-ranked proponent to enter into negotiations. In accordance with the process rules in this Part 4 – Terms and Conditions of RFP

http://www.regionaldistrict.com/purchasing


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Process and the Submission Form (Appendix B), there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. This process shall continue until a contract is formalized, until there are no more proponents remaining that are eligible for negotiations or until the Regional District elects to cancel the RFP process.

4.3.6 Notification to Other Proponents

Other proponents that may become eligible for contract negotiations will be so notified at the commencement of the negotiation process. Once a contract is executed between the Regional District and a proponent, the other proponents will be notified directly in writing and shall be notified by public posting, in the same manner that the RFP was originally posted, of the outcome of the procurement process and the award of the contract.

4.3.7 Debriefing

Proponents may request a debriefing after receipt of a notification of award. All requests must be in writing to the Regional District Contact and must be made within thirty (30) days of notification of award. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process.

4.4 PROHIBITED COMMUNICATIONS AND CONFIDENTIAL INFORMATION 4.4.1 Prohibited Proponent Communications

The proponent shall not engage in any Conflict of Interest communications and should take note of the Conflict of Interest declaration set out in the Submission Form (Appendix B). For the purposes of this Section, “Conflict of Interest” shall have the meaning ascribed to it in the Submission Form (Appendix B).

4.4.2 Proponent Not to Communicate with Media

A proponent may not at any time directly or indirectly communicate with the media in relation to the RFP or any contract awarded pursuant to the RFP without first obtaining the written permission of the Regional District Contact.

4.4.3 Confidential Information of Regional District

All information provided by or obtained from the Regional District in any form in connection with the RFP either before or after the issuance of the RFP: a) is the sole property of the Regional District and must be treated as confidential; b) is not to be used for any purpose other than replying to the RFP and the performance of

any subsequent Contract; c) must not be disclosed without prior written authorization from the Regional District; and

4.4.4 Confidential Information of Proponent

A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the Regional District. The confidentiality of such information will be maintained by the Regional District, except as otherwise required by law (including the Freedom of Information and Protection of Privacy Act http://www.bclaws.ca/Recon/document/ID/freeside/96165_00) or by order of a court or tribunal.

4.4.5 Inappropriate Conduct

The Regional District may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procurement process, and such inappropriate conduct shall include but not be limited to the following: (a) the submission of quotations containing misrepresentations or any other inaccurate, misleading or incomplete information; (b) the refusal of the supplier to honour its pricing or other commitments made in its proposal; or (c) any other conduct, situation or circumstance, as solely determined by the Regional District, which constitutes a Conflict of Interest. For the

http://www.bclaws.ca/Recon/document/ID/freeside/96165_00


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purposes of this Section, “Conflict of Interest” shall have the meaning ascribed to it in the Submission Form (Appendix B).

4.5 PROCUREMENT PROCESS NON-BINDING 4.5.1 No Contract A and No Claims

The procurement process is not intended to create and shall not create a formal legally binding bidding process and shall instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation: (a) the RFP shall not give rise to any “Contract A”–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and (b) neither the proponent nor the Regional District shall have the right to make any breach of contract, tort or other claims against the other with respect to the award of a contract, failure to award a contract or failure to honour a response to the RFP.

4.5.2 No Contract until Execution of Written Agreement

The RFP process is intended to identify prospective vendors for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service shall be created between the proponent and the Regional District by the RFP process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services.

4.5.3 Non-binding Price Estimates

While the pricing information provided in responses will be non-binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the responses and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation, ranking or contract award. All pricing submitted by proponents shall be submitted in good faith.

4.5.4 Disqualification for Misrepresentation

The Regional District may disqualify the proponent or rescind a contract subsequently entered if the proponent’s response contains misrepresentations or any other inaccurate, misleading or incomplete information.

4.5.5 References and Past Performance

The Regional District’s evaluation may include information provided by the proponent’s references and may also consider the proponent’s past performance on previous contracts with the Regional District or other institutions.

4.5.6 Cancellation

The Regional District may cancel or amend the RFP process without liability at any time.

4.6 GOVERNING LAW AND INTERPRETATION 4.6.1 Governing Law

The terms and conditions in this Part 4 – Terms and Conditions of RFP Process (a) are included for greater certainty and are intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); (b) are non- exhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations); and (c) are to be governed by and construed in accordance with the laws of the province or territory within which the Regional District is located and the federal laws of Canada applicable therein.

[End of Part 4]


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APPENDIX A – FORM OF AGREEMENT

This Appendix A of the RFP contains the Form of Contract the Regional District proposes to enter into with the successful Proponent, pursuant to the Terms of Reference section 1.2. Note: Proponents are not required to complete any of the details in this Appendix A. This Appendix A will be completed by the Regional District with the successful Proponent as part of the contract execution. THIS AGREEMENT made this ____ day of ___________, ____ is BETWEEN: REGIONAL DISTRICT OF CENTRAL OKANAGAN 1450 K.L.O Road Kelowna, B.C. V1W 3Z4 (Hereinafter called the “Owner”) AND: ______________________ ______________________ ______________________ (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 to Black Mountain Sntsk‘il’ntən Regional Park Fencing Installation, 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 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 Lump Sum 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. 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 date first written above: FOR REGIONAL DISTRICT OF CENTRAL OKANAGAN Signed:______________________________ Name:_______________________________ Title: _________________________________

FOR CONTRACTOR: Signed:______________________________ Name:_______________________________ Title: _________________________________


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GENERAL CONDITIONS TABLE OF CONTENTS

1. DEFINITION OF TERMS, DOCUMENT PRECEDENCE & DISCRETION ......................................... 13

2. CONTRACTOR'S GENERAL OBLIGATION ............................................................................................ 14

3. ASSIGNMENT AND SUBCONTRACTING ................................................................................................ 14

4. CONTROL OF WORK AND SUPERVISION ............................................................................................. 14

5. COOPERATION WITH OTHER CONTRACTORS ...................................... Error! Bookmark not defined.

6. OWNER'S REPRESENTATIVE ................................................................................................................... 15

7. DELAY, NON-COMPLIANCE OR BREACH BY THE CONTRACTOR ............................................... 15

8. CHANGES IN SOIL CONDITIONS AND DELAY BY THE OWNER ..................................................... 15

9. INSPECTION AND REPLACEMENT ............................................................. Error! Bookmark not defined.

10. SUSPENSION OR TERMINATION OF CONTRACT ............................................................................. 16

11. BOND NOTICE .................................................................................................. Error! Bookmark not defined.

12. RECORDS TO BE KEPT.................................................................................. Error! Bookmark not defined.

13. EXTENSION OF TIME ................................................................................................................................ 16

14. CERTIFICATE OF SUBSTANTIAL COMPLETION .............................................................................. 16

15. WARRANTY AND RECTIFICATION OF DEFECTS ............................................................................. 16

16. WORK CHANGES ........................................................................................................................................ 17

17. PRICE CALCULATION AND ADJUSTMENTS ...................................................................................... 17

18. NO ADDITIONAL PAYMENTS .................................................................................................................. 17

19. PAYMENTS ................................................................................................................................................... 17

20. CERTIFICATE OF TOTAL COMPLETION ............................................................................................ 18

21. INDEMNIFICATION .................................................................................................................................... 18

22. PROPERTY OF THE OWNER .................................................................................................................... 18

23. BYLAWS AND PERMITS ............................................................................................................................ 18

24. WORKPLACE SAFETY AND ENVIRONMENTAL MATTERS ........................................................... 18

25. INSURANCE .................................................................................................................................................. 19

26. NOTICE .......................................................................................................................................................... 20

27. TIME ............................................................................................................................................................... 20

28. DELAY ............................................................................................................................................................ 20

29. WAIVER ......................................................................................................................................................... 20

30. SUCCESSORS ................................................................................................................................................ 20

31. JOINT AND SEVERAL OBLIGATIONS ....................................................... Error! Bookmark not defined.

32. APPLICABLE LAW ...................................................................................................................................... 20


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1. DEFINITION OF TERMS, DOCUMENT PRECEDENCE AND DISCRETION

1.1 In the Contract:

a. "Certificate of Substantial Completion" means the Certificate of Substantial Completion issued under GC14;

b. “Certificate of Total Completion” means a certificate of Total Completion issued under GC20;

c. "Completion Date" means the date for Total Completion of the Work set out in the Contract;

d. "Construction Schedule" means the schedule of performance of the Work submitted by the Proponent as part of its Proposal;

e. "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;

f. "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;

g. “Contractor" means the entity labelled as such in the Form of Contract

h. "Form of Contract" means the document with that name contained in the Contract Documents;

i. "GC" is, when used in conjunction with a numeral, a reference to the section of the General Conditions with the same numeral;

j. "General Conditions" means the Contract terms and conditions of that name that are contained in the Contract Documents;

k. "Request for Proposal" means the notice published or communicated by the Owner by which the Owner invited Proposals for the Contract;

l. "Owner" means the Regional District of Central Okanagan;

m. "Owner's Representative" means the Parks Manager of the Owner;

n. "Specifications" means any drawings or specifications, or both, for the Work contained in the Contract Documents;

o. "Proposal" means a Proposal submitted to the Owner in accordance with the Request for Proposal;

p. "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;

q. “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;

r. "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);

s. "Work" means the project of work described in the Contract Documents, including the Specifications; and


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t. "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.

1.2 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) later dated documents prevail over earlier documents of the same kind; f) Contractor’s Proposal; g) Instructions to Proponents; and h) 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.

2. CONTRACTOR'S GENERAL OBLIGATION 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.

3. ASSIGNMENT AND SUBCONTRACTING 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.

4. 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.

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.


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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.

5. N/A 6. 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: 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, and

b) 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.

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 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.

7.2 Without limiting the generality of GC7.1 if the Owner's Representative at any time determine that the Contractor is not performing the Work in accordance 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.


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9. N/A 10. SUSPENSION OR TERMINATION OF CONTRACT

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.

10.2 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.

10.3 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. N/A 12. N/A 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:

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.

14.2 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.

14.3 Before applying for the Certificate of Substantial Completion, the Contractor, in consultation with the Owner's Representative, shall confirm the matters remaining to be completed and timing of them so as to achieve Total Completion.

15. WARRANTY AND RECTIFICATION OF DEFECTS


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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 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 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.

16.2 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.

16.3 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.

17. PRICE CALCULATION AND ADJUSTMENTS

17.1 If the Contract is a lump sum contract: a) the amount payable to the Contractor for the Work is the lump sum set out the Contractor’s

Proposal, 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. 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.

19. PAYMENTS 19.1 If the Contract price is $5,000.00 or less, the Contractor is entitled to payment only after the Certificate

of Substantial Completion has been issued. 19.2 If the Contract price exceeds $5,000.00, the Contractor is entitled to receive progress payments for work

completed by submitting progress claims at monthly intervals, which must be approved by the Owner's Representative at monthly intervals.

19.3 The Owner shall deduct from each progress payment to be made to the Contractor a 10% holdback pursuant to the Builders Lien Act (British Columbia).

19.4 The amount of a progress claim becomes due and payable to the Contractor 30 days after receipt by the Owner's Representative of the progress claim.


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19.5 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, except if any claim of Builders Lien has been filed as per the Builders Lien Act.

19.6 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.

19.7 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.

19.8 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.

19.9 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.

20.2 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.

20.3 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 GC14.

21. INDEMNIFICATION 21.1 The Contractor must indemnify and hold harmless the Owner, its 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.

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


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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.

24.2 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 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. 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.

25.2 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 $2,000,000 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;

(vi) 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 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


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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.

25.3 The Owner Named As Additional Insured:

The policies required by 25.2 above shall provide that the Owner is named as an Additional Insured thereunder, for 25.2e the Owner shall be a Named Insured thereunder, and that the policies required by 25.2 b and 25.2e are primary without any right of contribution from any insurance otherwise maintained by the Owner.

25.4 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.

25.5 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.

26. 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.

26.2 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 GC26.

27. 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 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. APPLICABLE LAW 31.1 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.


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APPENDIX B – SUBMISSION FORM

Request for Proposals No.: R16-309 1. Proponent Information

Please fill out the following form, and name one person to be the contact for the RFP response and for any clarifications or amendments that might be necessary.

Full Legal Name of Proponent:

Any Other Relevant Name under Which the Proponent Carries on Business:

Street Address: City, Province/State: Postal Code:

Phone Number: Fax Number:

Company Website (If Any): RFP Contact Person and Title:

RFP Contact Phone: RFP Contact Facsimile: RFP Contact E-mail:

2. Acknowledgment of Non-binding Procurement Process

The proponent acknowledges that the RFP process will be governed by the terms and conditions of the RFP, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal legally binding bidding process, and that there will be no legal relationship or obligations created until the Regional District and the selected proponent have executed a written contract.

3. Ability to Provide Deliverables

The proponent has carefully examined the RFP documents, the site of the work, and has a clear and comprehensive knowledge of the Deliverables required under the RFP. The proponent represents and warrants its ability to provide the Deliverables required under the RFP in accordance with the requirements of the RFP for the prices set out in the Remuneration Form and has provided a list of any subcontractors to be used to complete the proposed contract in the List of Subcontractors Form. The proponent encloses herewith as part of the proposal the mandatory forms set out below:

FORM INITIAL TO ACKNOWLEDGE

Appendix B - Submission Form Appendix C - Remuneration Form Appendix D – Reference & Experience Form Appendix E – Methodology & Schedule Form Appendix F – List of Subcontractors Form


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4. Non-binding Price Estimates

The proponent has submitted its prices in accordance with the instructions in the RFP and in the Remuneration Form set out in Appendix C. The proponent confirms that the pricing information provided is accurate. The proponent acknowledges that any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact the acceptance of its submission or its eligibility for future work.

5. Addenda

The proponent is requested to confirm that it has received all addenda by listing the addenda numbers or, if no addenda were issued, by writing the word “None” on the following line:_____________________. The onus remains on proponents to make any necessary amendments to their proposal based on the addenda.

6. Conflict of Interest

For the purposes of this section, the term “Conflict of Interest” means

6.1 in relation to the RFP process, the proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the Regional District in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the RFP process (including but not limited to the lobbying of decision makers involved in the RFP process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the RFP process; or

6.2 in relation to the performance of its contractual obligations contemplated in the

contract that is the subject of this procurement, the proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

The Regional District requires all proponents to certify either statement A or statement B below by checking the box next to either A or B below:

A) The proponent declares there was no Conflict of Interest in preparing this proposal; and there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFP.

OR

B) The proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP.

If the proponent declares an actual or potential Conflict of Interest by marking the box above, the proponent must set out below details of the actual or potential Conflict of Interest:


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The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our proposal; AND (b) were employees of the Regional District and have ceased that employment within twelve (12) months prior to the Submission Date:

Name of Individual:

Job Classification:

Department:

Last Date of Employment with the Regional District:

Name of Last Supervisor:

Brief Description of Individual’s Job Functions:

Brief Description of Nature of Individual’s Participation in the Preparation of the Proposal:

(Repeat above for each identified individual)

The proponent agrees that, upon request, the proponent shall provide the Regional District with additional information from each individual identified above in the form prescribed by the Regional District.

7. Disclosure of Information

The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law, including the Freedom of Information and Protection of Privacy Act, or if required by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the Regional District to the Regional District’s advisers retained for the purpose of evaluating or participating in the evaluation of this proposal.

Signature of Witness Signature of Proponent Representative

Name of Witness Name and Title

Date:

I have authority to bind the proponent


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APPENDIX C – REMUNERATION FORM

Each Proponent shall complete all tables in this Appendix C – Remuneration Form, and submit this completed form in their proposal. 1. General:

a) Proponents should use the tables under section 2 of this Appendix C – Remuneration Form to submit the Fixed Lump Sum Price for completion of the Scope of Work

b) Prices shall exclude GST for the work, but include any PST on good or materials to be sourced by the Contractor and included in the works.

c) Prices shall be provided in Canadian funds, inclusive of all applicable duties d) Fixed Lump Sum Prices quoted by the proponent shall be all-inclusive and shall include all

labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overheads, including any fees or other charges required by law.

2. Fixed Lump Sum Prices – Base Work: Drawing Item # Description Fixed Lump Sum Price

- Mobilization / Demobilization: $

1.0 Supply/Install/Construct 1,625m of 3 Strand High Tensile Fencing as per Detail 1/L-02 & 4/L-02 $

2.0 Supply/Install/Construct 830m of 3 Strand High Tensile Fencing as per Detail 1/L-02 & 4/L-02 $

2.1 Supply and Install 3.3m Wide x 2.5m Long Cattle Guard as per Detail 2 / L-02 $

2.2 Supply and Install 1m Wide x 1.1m High Pedestrian Farm Gate as per Detail 3 / L-02 $


- TOTAL FIXED LUMP SUM PRICE: $

- GST: $

3. Lump Sum Prices – Optional Work:

The following lump sum prices relate to Optional Work, as noted on the design drawings in Appendix I. The Regional District may or may not elect to proceed with Optional Work, depending on budget availability. Drawing Item # Description Fixed Lump Sum Price


4.1 Supply and Install 3m Wide x 1.1m High Vehicle Farm Gate as per Detail 3 / L-02 $

4.2 Supply and Install 1m Wide x 1.1m High Pedestrian Farm Gate as per Detail 3 / L-02 $



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APPENDIX D – REFERENCES & EXPERIENCE FORM

References & Experience:

Each Proponent shall complete the tables below for projects of a similar scope and size completed over the last 5 years, and submit this completed Appendix D in their proposal.

Reference #1

Company Name:

Company Address:

Contact Name:

Contact Telephone Number:

Date Work Undertaken:

Nature of Assignment & Value:

Reference #2

Company Name:

Company Address:

Contact Name:

Contact Telephone Number:


Nature of Assignment & Value

Reference #3

Company Name:

Company Address:

Contact Name: Contact Telephone Number:


Nature of Assignment & Value

By submitting this Appendix, the proponent is granting the Regional District permission to contact the project’s Owner and anyone related to the project to obtain a reference check.


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APPENDIX E – METHDOLOGY & TIMELINE FORM

Each Proponent shall complete the following tables (below), and provide this completed form in their Proposal: E.1: Schedule Please complete the table below, identifying key milestone dates for the work. Dates should be based on a confirmed contract order date of October 3rd, 2016. Milestone: Date: Mobilization to work site: Installation of Items 1.0 to 3.0 From: To: Demobilization from work site: Substantial Completion of Work: E.2: Method & Equipment: Please describe in the space below, the general methodology and equipment to be employed in performing the work, which details how the work will be performed in a low-impact manner, in order to address the sensitive nature of the park and work site. Proponents should how low impact methods will be used in order to minimize long-term damage to the park.

E.3: Safety & Risk Mitigation: Please describe briefly, in the space below, how the following risks will be mitigated: Risk 1: Grasslands may have a high risk of wildfire. Describe the methods, abilities and equipment to be used to mitigate the potential for wildfire as a result of the work:

Risk 2: Wildlife Danger. All proponents should be familiar with the wildlife dangers which can occur at this site. Please describe the training, equipment and awareness to be provided to workers onsite to ensure threats from wildlife are mitigated:


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APPENDIX F – LIST OF SUBCONTRACTORS FORM

Each Proponent shall complete the following table to identify any sub-contractors to be used during the work:

Area to be Subcontracted Sub-contractor Name:


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APPENDIX G – SCOPE OF WORK & EVALUATION CRITERIA

A. THE DELIVERABLES

1. Intent & Overview: The Regional District is seeking proposals from qualified farm fencing contractors for the supply, construction and installation of 2,700m of 3 Strand High Tensile Smooth Wire Fencing, Cattle Guard and Gates for the western boundary of Black Mountain / sntsk‘il’ntən Regional Park. Further details on the Scope of Work are provided under section 2 herein.

1.1 Contract Term:

The Regional District anticipates signing an agreement with the successful proponent no later than October 3rd, 2016. Substantial Completion of the work must be achieved on or before November 30th, 2016. Total Completion must be achieved on or before December 31st, 2016.

2. Scope of Work / Requirements:

2.1 Background:

The Regional District owns and operates 30 Regional Parks covering 2,000ha (5,000 acres) of land. The main objective of Regional Park Services is to provide passive recreational opportunities to residents and visitors of the Central Okanagan and the conservation of natural area habitat for future generations. Regional Parks are classified in 4 different categories: Conservation, Natural Area, Recreation/Cultural/Waterfront, and Trails (Greenways). In addition, each park is sub-classified into management zones based on use and levels of ecological sensitivity. The park associated with this project, Black Mountain / sntsk‘il’ntən Regional Park (shown in Appendix H), is considered a Natural Area park. The park is an ecologically unique grassland area in the Central Okanagan, being one of the largest intact native open grassland that still exists. The Regional District acquired the park in 2014, and jointly manages the park with Westbank First Nation. The park is 485 hectares (1,200 acres) in size, and was primarily acquired to protect the unique grassland ecosystem and provide passive recreation opportunities.

2.2 Scope of Work:

2.2.1 Overview In 2016, as a result of the Regional District acquiring the lands related to Black Mountain / sntsk‘il’ntən Regional Park, a park management plan was completed. Through that process one of the key concerns for the park was the continued degradation of the grasslands as a result of illegal access and cattle grazing. Therefore, in order to provide the grasslands within the park the ability to begin to naturally regenerate. The land needs to be fenced to minimize disturbance to the recovering site. In order to do this the Regional District seeks a Contractor to complete the supply, construction and installation of 2,700m of 3 Strand High Tensile Smooth Wire Fencing, Cattle Guard and Gates for the western boundary of the park as identified in the attached drawings and specifications (shown in Appendix I – Design Drawings).


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2.2.2 Schedule / Completion Dates

The Regional District anticipates issuing a Notice of Award to the successful Contractor by October 3rd, 2016. Substantial Completion of the work shall be achieved on or before November 30th, 2016. Total Completion will be achieved on or before December 31st, 2016.

2.2.2 Restrictions on work

There are no restrictions on the work, with exception to an event where a High or Extreme Wildfire Hazard Rating is issued. Under these conditions work may be restricted to activities with a low risk for causing a wildfire. When higher risk activities occur under these conditions, a minimum 2 hour fire watch will be required. During the fire watch period the contractor may undertake low risk activities.

2.2.3 Risks

The Regional District has identified the following risks associated with the work and worksite. The Contractor’s methodology and work will need to take account of these risks.

• Grasslands may have a higher risk for wildfire. • Wildlife may be spotted or occur within the area.

2.2.4 Permitting / Approvals

There are no external permits or approvals required for this project.

2.2.5 Reporting Requirements

The Contractor shall report to the Regional District or representative any issues or challenges that needs to be remedied as soon as practically possible.

2.2.6 Drawings

All works related to the project shall be in accordance with the attached design drawings (Appendix I – Design Drawings). If a discrepancy is identified on the drawings, the final resolution to the discrepancy will be decided by the Regional District.

2.2.7 Mobilization / Demobilization: The Contractor is responsible for all mobilization and demobilization. These costs shall be included in the Contractor’s Lump Sum Price.

2.2.8 Health, Safety and Environmental Requirements: Following Contract commencement and prior to mobilization, the Contractor will provide the Regional District with a Health, Safety, and Environmental Plan which addresses all requirements of WorksafeBC which are applicable to the work, as well as addressing all risks and hazards at the worksite.


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The successful Proponent shall be the Prime Contractor for the project at the worksite, and shall hold all of the responsibilities and carry out all the duties required by a Prime Contractor, as defined by Worksafe BC.

B. MATERIAL DISCLOSURES 1. Business License: The successful proponent will be required to hold a valid business license

from a community within the Regional District of Central Okanagan. 2. WorksafeBC: The successful proponent will be required to provide proof of good status with

WorksafeBC prior to contract execution. 3. Insurance: The successful proponent will be required to hold the insurance policies detailed

in the Form of Agreement for the duration of the work, or longer as specified. C. RATED CRITERIA The following is an overview of the categories and weighting for the rated criteria to be evaluated at Stage II of the RFP. Stage II Rated Criteria Category Weighting % Pricing, as per Appendix C submission 50%

References and experience, as per Appendix D submission

25%

Methodology & Schedule, as per Appendix E submission

25%


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APPENDIX H – Black Mountain / Sntsk‘il’ntən Regional Park Location Map


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APPENDIX I – DESIGN DRAWINGS:

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XY

XYXY

REVISIONS:

SCALE:

DATE:

DRAWN:

PLOTTED:

SHEET:

AS SHOWN

15/08/2016

WD

17/08/2016

L - 01

NO. DATE DESCRIPTION

NOTES:

LAY O UT PLAN

BLACK MO UNTAIN /sntsk ‘il’ntən

REGIO NAL PARKBO UNDARY FENCING

PRO JECT

1450 KLO ROADKELOWNA, B.C.

V1W 3Z4TELEPHONE: (250) 469-6232

FAX: (250) 762-7011EMAIL: [email protected]

WWW.REGIONALDISTRICT.COM

Leg endXY Gate

! Corner/End Post

Cattleguard

Fence

Streams

Parks Main

TIE TO EX ISTING FENCING

ITEM 1.0SUPPLY /INSTALL/CO NSTRUCT 1,625M of3 STRAND HIGH TENSILE FENCINGAS PER DETAIL 1/L-02 & 4/L-02

ITEM 2.0SUPPLY /INSTALL/CO NSTRUCT 830M of3 STRAND HIGH TENSILE FENCINGAS PER DETAIL 1/L-02 & 4/L-02

ITEM 3.0SUPPLY /INSTALL/CO NSTRUCT 245M of3 STRAND HIGH TENSILE FENCINGAS PER DETAIL 1/L-02 & 4/L-02ITEM 2.1

SUPPLY /INSTALL 3.3M WIDE x 2.5M LO NGCATTLE GUARD AS PER DETAIL 2/L-02

ITEM 2.2SUPPLY /INSTALL 1M WIDE x 1.1M HIGHPEDESTRIAN FARM GATE AS PERDETAIL 3/L-02

ITEM 4.0 (O PTIO NAL)SUPPLY /INSTALL/CO NSTRUCT 510M of3 STRAND HIGH TENSILE FENCINGAS PER DETAIL 1/L-02 & 4/L-02

ITEM 5.0 (O PTIO NAL)SUPPLY /INSTALL/CO NSTRUCT 710M of3 STRAND HIGH TENSILE FENCINGAS PER DETAIL 1/L-02 & 4/L-02

ITEM 4.2 (O PTIO NAL)SUPPLY /INSTALL 1M WIDE x 1.1M HIGHPEDESTRIAN FARM GATE AS PERDETAIL 3/L-02

ITEM 4.1 (O PTIO NAL)SUPPLY /INSTALL 3M WIDE x 1.1M HIGHVEHICLE FARM GATE AS PERDETAIL 4/L-02

FUTURE FENCING PRO JECT

FUTURE FENCING PRO JECTFUTURE FENCING PRO JECT

TIE FENCE TO STEEP SLO PE



SWAINSO N RO AD

SWAINSO N RO AD

JO E RICH RO AD

REVISIONS:

SCALE:

DATE:

DRAWN:

PLOTTED:SHEET:

AS SHOWN

15/08/2016

WD

17/08/2016

L - 02

NO. DATE DESCRIPTION

NOTES:

DETAILS

BLACK MO UNTAIN /sntsk ‘il’ntən

R EGIO NAL PARKBO UNDAR Y FENCING

PR O JECT

1450 KLO ROADKELOWNA, B.C.

V1W 3Z4TELEPHONE: (250) 469-6232

FAX: (250) 762-7011EMAIL: [email protected]

WWW.REGIONALDISTRICT.COM

Legend

1 / L-02 - FENCING DETAIL AND SPECIFICATIO NSSCALE: N.T.S.

FENCING SPECIFICATIONS:POSTS- 100-125MM (4"-5") DIAMETER X 215MM (7') LONG PRESSURE TREATED POSTS- POSTS DRIVEN INTO GROUND MINIMUM 0.75M (30") FOR LINE POST AND 1M (36") FOR BRACE POSTWIRE- INSTALL 3 STRANDS OF 12 1/2 GUAGE HIGH TENSILE SMOOTH WIRE (HTSW) WITH CLASS 3 GALVANIZING AND 1,350 lbs MINIMUM BREAKING STRENGTH- HTSW TO BE LOOSE STAPLED WITH 9 GUAGE 50MM (2 INCH), HOT DIPPED GALVANIZED STAPLES.- FENCE TO BE TENSIONED TO 250lbs- FENCE BRACING TO BE AS IDENTIFIED, ALL WOOD BRACES TO BE PRESSURE TREATED*NOTE - ALL FENCNG SHOULD BE CONSTRUCTED AND INSTALLED USING STANDARDMETHODS AS IDENTIFIED IN THE MINISTRY OF AGRICULTURE FENCING FACTSHEETS:307.100.1, 307.100.2, 307.100.3, 307.220.2, AND 307.260.1 FOR 3 STRANDHIGH TENSILE SMOOTH WIRE FENCING.

16"

12"

14"

42"

30" MINIMUM (LINE PO ST)36" MINIMUM (BRACE PO ST)

20'

7'

GR O UND

FENCE DR O PPERAS PER BC MINISTR Y O F AGRICULTUREFENCING FACTSHEET 307.100.3FO R W IR E-TIED CEDAR FO R SMO O TH W IR E

HIGH TENSILE SMO O TH W IR E FENCE

100-125m m (4-5") DIAMETER AND 215m m (7') LO NGPRESSURE TREATED PO ST

2 / L-02 - CATTLE GUARD SPECIFICATIO NSSCALE: N.T.S.

3 / L-02 - VEHICLE/PEDESTRIAN FARM GATE SPECIFICATIO NSSCALE: N.T.S.

CATTLE GUARD SPECIFICATIONS:- 3.3m (10') WIDE X 2.5m (8') LONG- AXLE RATING OF 7,300kgs (16,000 lbs) PER AXLE- CLEAN OUT (HINGED ON ONE SIDE)- PRE-CAST CONCRETE FOOTING- INSTALLED OVER A 0.5m (1.5') DEEP PIT- PAINTED YELLOW OR GREEN (OWNER TO APPROVE)- CONSTRUCT AND INSTALL USING STANDARD ENGINEERING AND CONSTRUCTION METHODS

SAMPLE CATTLE GUARD - from Farm and Ranch DepotVEHICLE/PEDESTRIAN FARM GATE SPECIFICATIONS:- 3.0m (10') WIDE x 110cm (42") HIGH VEHICLE FARM GATE- 1.0m (3') WIDE x 110CM (42") HIGH PEDESTRIAN FARM GATE- 6 RAIL GALVANIZED STEEL FENCING WITH VERTICAL STIFFENERS- POST MOUNT HINGES AND LOCKS- PEDESTRIAN GATES TO BE SELF CLOSING- CONSTRUCT AND INSTALL USING STANDARD ENGINEERING AND CONSTRUCTION METHODS

SAMPLE VEHICLE FARM GATE - from TSC FarmSupply

SAMPLE VEHICLE FARM GATE INSTALLATION TO POSTS- from BC Minstry of Agriculture

4 / L-02 - CO R NER AND SINGLE END BRACE PO ST INSTALLATIO N DETAILSCALE: N.T.S.

CORNER/SINGLE END BRACE POST INSTALLATION SPECIFICATIONS:- AS PER BC MINISTRY OF AGRICULTURE FENCING FACTSHEET 307.220-2, AND DETAIL 1/L-02

SINGLE POST (KIWI) BRACE DETAIL

90 DEGREE SHARED POST AT CORNER BRACE DETAIL