2012-22 - 2012 vedder gravel removal tender - chilliwack 2012... · 2012. 6. 20. · city of...

TENDER NO: 2012-22

2012 Vedder River Gravel Removal

Sites 1, 2, and 3

CLOSING DATE: 3:00 PM, Wednesday, July 4th

, 2012

Bidder’s Name: ________________________________________

Site No. Location Price per Cubic Metre 1 Greendale Bar – Gravel $____________

2 Community Bar – a) Gravel $____________

Community Bar – b) Sand (provisional) $____________

3 Yarrow Bar – Gravel $____________

City of Chilliwack Tender No. 2012-22

Vedder River Gravel Removal

TABLE OF CONTENTS Page No. 1. INVITATION TO TENDER 1

2. INSTRUCTIONS TO TENDERERS 2

3. LIQUIDATED DAMAGES 2

4. IRREVOCABILITY 2

5. SCOPE OF WORK 3

6. SITE INSPECTION 6

7. CONDITIONS BY FISHERIES MANAGERS FOR REMOVAL OF GRAVEL 6

8. PRICE AND MEASUREMENT 9

9. METHOD OF PAYMENT 10

10. PERFORMANCE SECURITY 10

11. FAILURE TO REMOVE 10

12. DEBRIS DISPOSAL 10

13. CONTRACT AGREEMENT 12

14. INSURANCE 12

15. INDEMNIFICATION 13

16. SITE SAFETY AND WORKERS’ COMPENSATION 13

17. DAMAGE TO PROPERTY 15

18. AWARD OF CONTRACT 15

19. COMPLETION DATE 15

20. CONTACT PERSON 15

21. APPLICABLE LAW 16

22. TIME 16

23. WAIVER 16

TENDER FORM

Schedule “A” – Services Schedule “B” – Contract Prices Schedule “C” – Contractor’s Equipment Schedule “D” – Time Schedule Schedule “E” – WCB Clearance Schedule “F” – Project Personnel Schedule “G” – Addenda Received Authorization Sample Irrevocable Letter of Credit Sample Contract Agreement

ATTACHMENTS –

� Site Location Plan Vedder River Management Area

� Site 1 Greendale Bar Preliminary Excavation Plan

� Site 2 Community Bar Preliminary Excavation Plan

� Site 3 Yarrow Bar Preliminary Excavation Plan



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1. INVITATION TO TENDER 1.1 The City of Chilliwack (the “City) invites tenders for the removal and stockpiling

of approximately 53,500 cubic metres (m3) of gravel and sand from 3 separate

locations on land owned by the City in the Vedder River near Yarrow, BC. 1.2 The Contractor selected by the City will be responsible for excavating the sites

and hauling the material to specified stockpile sites. The City of Chilliwack will retain ownership of the material.

1.3 Tender documents are available 8:30 am - 4:30 pm Monday to Friday, commencing June 20, 2012 from:

City of Chilliwack

Municipal Hall Reception Desk 8550 Young Road

Chilliwack, BC V2P 8A4 Alternatively, tender documents may be downloaded from the City’s website at

www.chilliwack.com/bids. 1.4 Tenders may be rejected at anytime prior to award, if;

• only one bid for a removal area is received; or • the Tenderer is currently in litigation with the City at the time the Tender

is submitted; or • the Tenderer has breached a contract with the City in the past.

The City unequivocally may accept or reject any or all tenders, waive informalities in any and all tenders, and not award a contract at all (including the lowest tender) without giving any reason for doing so. In the event that no contract is awarded, all tenderers shall be notified and the City shall have no liability to any tenderer.

1.5 The City is not bound by nor does it conduct its tendering process in accordance to any industry standard, practice, or custom.



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2. INSTRUCTIONS TO TENDERERS

2.1 Tenders are to be submitted no later than 3:00 pm, local time on July 4, 2012 to the following:

City of Chilliwack

Municipal Hall Reception Desk 8550 Young Road

Chilliwack, BC V2P 8A4

The clock at the Reception Desk shall be the official clock for receiving tenders on time.

2.2 The outside of the envelope should be clearly marked with the Bidder’s name,

address and “Tender No. 2012-22 -- 2012 Vedder River Gravel Removal”. Failure to properly mark the returned envelope may cause the returned tender to become misdirected within the Municipal Hall and therefore unavailable for opening at close of tender time.

2.3 The following documentation is to be submitted in the tender:

� Form of Tender (complete with all schedules and signed), and � WorkSafe BC Clearance letter.

3. LIQUIDATED DAMAGES 3.1 The Bidder, by submitting a tender, agrees that it will not make a claim against

the City for whatever reason, relating to the tender, the tender documents, or the competitive tender process, in excess of an amount equal to the reasonable costs actually incurred by the Bidder in preparing its tender. The Bidder, by submitting a tender, waives any claim or recovery for loss of profits or any prospective damages whatsoever if no contract is entered into with the Bidder.

4. IRREVOCABILITY 4.1 Tenders submitted shall be deemed irrevocable for a period of sixty (60) days

after the closing time.



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5. SCOPE OF WORK 5.1 The gravel to be removed from the flood protection system is located on land

owned by the City. A brief description of each gravel removal location is as follows:

Removal Area Number Land Approx. Removal and Name Ownership Quantity (See Note) 1 Greendale Chilliwack 10,000 m

3

2 Community Chilliwack 19,600 m3

+ 2,000 m3 sand, provisional

3 Yarrow Chilliwack 21,900 m3

Total: 51,500 m3 gravel

+2,000 m3 sand, provisional

NOTE: Gravel removal quantities may vary depending upon site conditions at time of removals.

5.2 Bidders may bid on one or more removal area. Bidders do not need to bid on all

areas. The City reserves the right to accept partial tenders from more than one bidder, to waive informalities in any and all tenders and the right not to award a contract at all.

5.3 The location of each removal area is shown on the attached Site Location Plan

and the Preliminary Excavation Plans. In general, gravel volumes are based upon an excavation depth of 3 metres below water level plus an estimate of the bar height at the time of preliminary excavation design, except where otherwise indicated in attached site excavation plans. The excavation plans are based upon air photos taken in the fall of 2011 and site conditions may have changed during the winter and spring. The perimeter, size and volume of excavation at each site may be revised to suit changing site conditions. The access to the sites may also vary due to changes in the stream flow pattern.

5.4 Near each gravel removal sites is a storage area where the Contractor shall

stockpile the gravel. Alternatively, the City may choose to have some of the gravel hauled directly off-site. In this case, the City will arrange for trucking and the Contractor will be responsible for loading the material. The removal volumes will be calculated based on stockpile surveys. If the gravel is hauled off-site, then other measurement arrangements will be made prior to gravel removal from the channel, i.e., truck count or the use of weigh scales.

5.5 Bidders are advised that the City has applied for approval under Section 35(2) of

the Fisheries Act and Section 9 of the Water Act. Gravel removal will not proceed without Fisheries and Water Act authorizations.



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5.6 The gravel removal must meet the conditions set out by the fisheries resource managers as stated in Section 7 of these tender documents. An environmental monitor will be provided by the City to uphold the interests of the fisheries resource managers. The environmental monitor shall have full authority to stop the Contractor’s work, if in his opinion the operating conditions are detrimental to the environment. Also, work shall not commence on any of the sites until authorized by the environmental monitor. A penalty of up to $500 per incident may be issued for failing to comply with the instructions of the fisheries resource manager or environmental monitor. This is a contract penalty that may be in addition to any fines or charges levied by the regulatory agencies.

5.7 Access to each removal area is described as follows: Site 1 Greendale Bar: Access is via Keith Wilson Road or Sumas Prairie Road and the Chilliwack dyke. Access requires crossing a short bridge with the following restrictions: a. Maximum speed of 10 km/hour b. Truck must remain centered on bridge structure c. Legal axle loading must be maintained The excavated material shall be stockpiled at the Greendale storage site.

Site 2 Community Bar: Access is via No. 3 Road and the Chilliwack Dyke. The material shall be stockpiled at the No. 2 Road storage site (accessed via the dyke and under the Keith Wilson Bridge), subject to the following conditions:

a. The stockpile heights are kept below 2.4 m in height (to discourage dirt biking).

b. The Contractor be required to keep their equipment on established roadways.

c. The Contractor be required to maintain the access roadway. d. The Contractor to erect City-supplied signs on the storage site stating "No

Trespassing". e. The Contractor must ensure the dyke gate at No. 2 Rd is closed at all times

unless required for transporting the material. When kept open, the Contractor must prevent vehicles from gaining access to the dyke. Should the Contractor fail to do so; he or she will be liable for any damages to the dyke and/or to the person/vehicle accessing the dyke.

Site 3 Yarrow Bar: Access is via Yarrow Central Road, and then north on to Wilson Road, straight north to the river. The material may be stockpiled in the storage area north of the dyke approximately 300 metres east of Wilson Road. No material is to be stockpiled at the north end of Wilson Road. The gravel bar access point at the north end of Wilson Road is immediately adjacent to the Yarrow Waterworks District water supply. This area is a public water supply, and specific requirements apply to the use of the site in order to ensure its protection:



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a. The Contractor shall install and maintain fencing to keep all vehicles and

equipment a minimum of 30 metres away from the Yarrow Waterworks wells. Signage supplied by the City shall be installed and maintained by the Contractor at the Yarrow Waterworks Well Site, which states “Water Supply Protection Area - No Vehicles Allowed within Fenced Area”.

b. It is imperative that all equipment on the site be clean and well-maintained. No equipment is to be re-fuelled on-site or stored on-site overnight (refer to Section 7 for further detail on equipment requirements).

c. Any grading carried out at the Yarrow Waterworks Well Site must be done in a manner that will prevent the ponding of water.

d. Shallow cables run on either side of the access road between the dyke and Yarrow Waterworks Well Site. These cables need to be protected when the road is graded; therefore, material will need to be added when grading the road. There is also a flush-mount casing on the west side of the access road that must be protected.

e. Public access to the Yarrow Waterworks Well Site must be restricted at all times. It is the Contractor’s responsibility to control access, and a flagger will likely be required. The gate must be locked at all times that there is not a person monitoring access to the site.

f. A minimum of 24 hours prior to commencing any work at Yarrow Bar or the Yarrow Waterworks Well Site, a written notification must be submitted to Yarrow Waterworks District, advising them of the start of the work and proposed schedule. The notification is to be sent to [email protected] and [email protected] with a copy to [email protected].

g. A penalty of up to $500 will be issued for each infraction of the conditions

specified above for the protection of the Yarrow Waterworks public water supply.

5.8 The successful Contractor will be required, at his expense, to install all temporary

culverts and build any temporary haul roads or bridges needed to gain access to the stockpile and removal areas. The number and sizes of culverts proposed for temporary access shall be subject to review and approval by the City. Suitable trash rack screens shall be installed at the inlet to all culverts. The temporary haul roads and access routes to the removal areas shall be subject to the prior approval of the environmental monitor.

5.9 If any works impact the dykes (building of ramps off, or turnouts on a dyke) a Dyke Maintenance Act (DMA) Approval will be required, prior to commencement of work and will be the responsibility of the Contractor. DMA approval may take up to thirty (30) days to receive. Repair of damage to the dyke crests and the access roads will be the responsibility of the successful Contractor.



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5.10 It is envisioned that the material will be excavated from the above mentioned

removal sites and taken to the temporary storage areas, where the volume of material will be measured, (refer to Section 8 on the details of measurement). To facilitate the quantity survey, the Contractor shall ensure that the material is placed in a shaped stockpile with a smooth top and side slopes (eg. not a series of small piles). For safety reasons, the stockpile slopes are not to be over-steepened at any time.

5.11 A total of 1,000 cubic metres of material from Yarrow Bar must be placed in a

separate stockpile at the Yarrow Stockpile site for use in fisheries projects. 6. SITE INSPECTION 6.1 It shall be the responsibility of each bidder to inspect the removal areas and to

satisfy himself as to the nature and quality of the material, and to obtain all necessary information pertaining to local conditions, site access, allowable haul routes and restrictions.

6.2 If there is sufficient interest by the bidders, a tour of the gravel removal areas will

be arranged for June 27, 2012 at 10:00 am, starting at Greendale Bar. The bidders are advised to contact Tara Friesen of the City of Chilliwack prior to the date for the tour if they wish to attend the site visit. All questions regarding the tender are to be referred to the contact persons listed in Section 20 of this document.

6.3 Bidders are advised that the City of Chilliwack has a nuisance bylaw. Because

of the noise and dust generation, gravel hauling and separating cannot take place on Sundays and statutory holidays. Operations may be limited to 7 am to 9 pm.

7. CONDITIONS BY FISHERIES MANAGER FOR REMOVAL OF GRAVEL 7.1 The City, at its cost, has engaged the services of an environmental monitor to

advise on the best construction practices to be used during the excavation work in order to minimize the environmental impacts. The environmental monitor is Bruce Wright of Nova Pacific Environmental (Telephone 604-251-5216; E-mail [email protected]; Fax 604-253-5264). To ensure that all approvals are in place, work shall not commence on any of the sites until authorized by the environmental monitor.

7.2 To further ensure that the environmental aspects of each excavation can be

completed fully and properly, the successful Contractor(s) must meet with the environmental monitor prior to commencing the excavation at each site. Each excavation must be planned and integrated with the required environmental safeguards and habitat attributes. At this site meeting, or prior to the start of excavation, the Contractor will be presented with an updated Sketch Plan of the excavation site which takes into consideration changes to the gravel bar as a



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result of the spring freshet. One purpose of the meeting and review of the planned excavation is to streamline the interaction between the monitor and the Contractor’s crew and eliminate avoidable interference by the monitor during the excavation.

7.3 The environmental monitor will lay out the final excavation plan on the ground,

using spray paint, stakes or similar materials or will assist the Contractor in laying out the final excavation plan on the ground. Portions of the layout may be left pending anticipated changes in the water level until part way through the excavation provided that sufficient layout or direction to the Contractor can be provided to prevent any delay of the work.

7.4 Access to a gravel removal area, if necessary, may be gained by installing

culverts and constructing a temporary roadway using clean material. The temporary crossings must be of sufficient size so as not to reduce the flow of water or create a backwater upstream of the crossing. Removal of any temporary culverts and/or roadways is the responsibility of the Contractor.

7.5 Stranded fish, particularly juvenile salmonids, if present in the excavation area

must be salvaged. This will be undertaken by the environmental monitor and will take priority over the gravel excavation.

7.6 The typical depths of excavation are expected to be 3 metres below the water

level for each site. However, it may be up to one meter deeper depending on conditions encountered at the site. The Contractor must obtain consent of the environmental monitor and remain within the total volume limits of the authorization. No excavation will be permitted in flowing water. At the completion of the excavation the pond area is normally opened to the flowing part of the river however, the environmental monitor may determine that it shall be left closed for any given site. The perimeters of the excavation are to be cut to the slope specified in the excavation design. Specified slopes vary from 1:1 to 10:1 (horizontal: vertical) with most being 1.5:1. Specified slopes are to be left both above and below the water line in the excavation area, however, variance resulting from wave action at the waterline is acceptable. This detail will be provided to the gravel Contractor at the pre-excavation site meeting stated in Section 7.2.

7.7 The Contractor must get approval from the environmental monitor prior to

constructing openings in the berm after the excavation work is complete. To reduce silt release into the river, the environmental monitor may require that excavated pits be left to settle overnight prior to opening the berm.

7.8 The gravel removal from the designated bars must be undertaken during the

period July 15th - September 15th, unless extended by Fisheries and Oceans Canada. The actual start date will likely be August 7th, subject to water levels.



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7.9 Where ever possible, vegetation presently existing along the riverbanks shall remain undisturbed. Permission to remove vegetation that is outside the excavation footprint must be obtained from the environmental monitor.

7.10 Excavation equipment shall not operate within the wetted perimeter of flowing

water, except as authorized by the environmental monitor. 7.11 All hydraulic machinery to be used in stream will use environmentally sensitive

hydraulic fluids which are non-toxic to aquatic life, and which are readily or inherently bio-degradable. The Contractor shall provide proof that appropriate hydraulic fluids have been used.

7.12 All machinery, including trucks, proposed for work in or about the active channel of the Vedder River will be subject to inspection. The machines must be demonstrated to be clean and in good general repair. If at any time, machinery is found in non-compliance with this condition, such machinery will be ordered off the work site. Prior to the offending machinery being granted access back onto the work site, it must be inspected and if deemed necessary, documentation from qualified mechanics must be produced detailing repairs undertaken.

7.13 All machinery will be removed from the gravel bars at the end of each working

day, unless prior approval by the environmental monitor is obtained for a machine to remain on the gravel bars overnight. Such machinery must not be re-fueled prior to their abandonment at the end of the workday. Furthermore, they must be parked in a location whereby spill containment or clean-up can be undertaken immediately should such an event occur.

7.14 Appropriate spill equipment must be maintained on site for emergencies as

described in A Field Guide to Fuel Handling, Transportation & Storage 3rd Edition, February 2002. Published by Ministry of Water Land and Air Protection. Individuals working at the gravel removal sites should familiarize themselves with this document to ensure a full understanding of spill contingency procedures.

7.15 Fuels or other toxic materials shall be stored outside of the floodway area. All

bulk fueling must occur well outside the active channel of the Vedder River except where individually approved by the environmental monitor (hydraulic excavators at the excavation site). Where fueling has been approved within the active channel, only small transport vehicles (pick-up trucks) shall be used. Persons undertaking fueling procedures must be familiar with the above publication.

7.16 In the event of a fuel or hydraulic fluid spill, clean-up will be the responsibility of

the Contractor. Complete excavation and removal of contaminated substrate must be undertaken immediately. Furthermore, any incident of this nature must be reported immediately to the environmental monitor with a description of the site mitigation measures undertaken. Spill clean up must follow recommendations outlined in the above publication. If a spill occurs at Yarrow Bar or near the Yarrow Waterworks Well site, the Yarrow Waterworks District



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must be notified immediately (e-mail: [email protected] and [email protected], phone 604-823-6015).

7.17 If the gravel removal operation is considered detrimental to the environment, by

the Fisheries Managers or the environmental monitor, that operation must be altered or suspended immediately.

7.18 There may be forest debris in the gravel removal areas. The successful

Contractor will be required to move the debris to a nearby designated area at his expense. The Contractor shall meet with the environmental monitor onsite when the excavation at each particular site is nearing completion to review the final site conditions. At the completion of the gravel excavation, the Contractor will be required to place the forest debris, under the direction of the environmental monitor, to create fish habitat. Note that the Contractor will be paid for the cost of moving the debris from the temporary storage area to the placement location and placing the debris. These costs do not need to be absorbed into the tender price of the gravel. The Contractor’s equipment must not leave the site until this work is done and the environmental monitor is satisfied that the project is complete. The rental rates to be charged for the equipment used to place the debris must conform to the current BC Equipment Rental Rate Guide. The cost of placing the debris, when both the Contractor and the environmental monitor agree on the amount, shall be added to the amount owed by the City for the gravel removal and stockpiling work.

8. PRICE AND MEASUREMENT 8.1 Bidders shall submit a bid price per cubic metre of gravel removed from the site,

as measured in the stockpile or otherwise agreed upon. Each price shall allow for all of the Bidder’s costs in constructing access roads, installing culverts, excavating and hauling the gravel to stockpile locations. The bid price (times the volume removed) is payable by the City to the Contractor. The City retains ownership of the material. GST or HST, whichever is in effect, will be added to the bid prices.

8.2 The quantity of gravel to be paid for shall be determined by measuring the

stockpiled gravel at each storage area, or other method that has previously been agreed upon by the successful Contractor(s) and the City. The quantities stated in Section 5 are approximate and are for tendering purposes only.

8.3 If measurement of the stockpiles is required, the City will be responsible for

hiring a land surveyor to carry out a survey of the temporary gravel storage sites prior to and after stockpiling to prepare an estimate of the volume of stockpiled gravel at each site. The survey results will be forwarded to the Contractor for review and acceptance. If a dispute arises regarding the volume of gravel at a stockpile, the Contractor may wish to hire another independent surveyor, at his expense to estimate the volume.



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9. METHOD OF PAYMENT 9.1 The City of Chilliwack shall pay the Contractor for the gravel removed and

stockpiled within thirty (30) days after receipt of the invoice. Payment shall be in Canadian dollars. The City agrees to pay a 1% surcharge on overdue invoices that are not in dispute by the City.

9.2 Invoices to the City of Chilliwack for gravel removed from Sites 1 to 3 shall be

sent to the attention of:

Tara Friesen Manager of Flood Protection Infrastructure City of Chilliwack 8550 Young Road Chilliwack BC V2P 8A4

10. PERFORMANCE SECURITY 10.1 The successful bidder(s) shall be required to provide the City an irrevocable

letter of credit, cash, certified cheque or money order in the amount of the awarded volume stated in cubic metres times $2.00 per cubic metre. Performance Security must be posted prior to the start of removing the gravel and 50% of the security shall remain in effect until sixty (60) days after the gravel has been stockpiled.

11. FAILURE TO REMOVE 11.1 Should the Contractor fail to remove the gravel from each awarded site in

accordance with the conditions of contract, the City without prejudice to any other remedies, may cancel the contract without notice to the Contractor and retain as liquidated damages any deposit. The Contractor may be held responsible for all loss, cost and expense incurred by the City due to his failure or default.

12. DEBRIS DISPOSAL 12.1 All wood debris larger than 1.0 metres in length and 100 millimetres in diameter

that must be moved to excavate gravel from the site, is subject for re-use to create fisheries habitat, as directed by the environmental monitor.

12.2 The cost of moving the debris to a nearby temporary storage area will be borne

by the Contractor and should be factored into the price tendered for the work. The cost of moving and placing selected debris from the temporary storage site for fish habitat will be paid for by the City (see Section 7.18).



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12.3 Wood debris that is partially in the water, or outside the footprint of the excavation, must be left as is or the removal must be approved in advance by the environmental monitor.

13. CONTRACT AGREEMENT 13.1 Before any gravel removal is started, the successful Bidder for each site shall

sign a Contract Agreement with the City of Chilliwack. See the Sample Contract Agreement attached.

14. INSURANCE 14.1 The Contractor shall provide and maintain insurance as required by the rest of

this Section 14. All policies, except for automobile liability insurance, shall be in the joint names of the City of Chilliwack and the Contractor, and shall include all Sub-contractors, the City’s Representative and the Contractor's Consultants as unnamed insureds, if any and shall otherwise comply with the rest of these Insurance Conditions. In the event of any third party loss or damage or any physical loss or damage while proceeding to or from or while conducting the work, or to the Contractor’s equipment, the settlement or payment of the subsequent claim shall be made without the right of subrogation against the City, together with all of its employees, agents and servants, and all Architects, Engineers, Consultants, Contractors, and any of their servants, agents, employees, volunteers, directors, parent, subsidiary, affiliated or related firms, engaged in or connected with the work. If the Contractor is working at the No. 2 Stockpile Site, then the policies must also be in the name of the City of Abbotsford.

14.2 The insurance that the Contractor shall provide and maintain is as follows:

(a) the Contractor shall provide and maintain wrap up commercial general liability insurance subject to limits of not less than $5,000,000.00 per occurrence with an aggregate limit of $10,000,000 and a deductible of not more than $5,000.00 per occurrence, for bodily injury, death and damage to or loss of property, including loss of use thereof, and including coverage for:

(i) premises and operations liability;

(ii) contractor's contingent liability with respect to the operations of persons, firms or corporations having a contract for the execution of a part or parts of the work included in the Contract;

(iii) blanket contractual liability;

(iv) cross liability clause;

(v) contingent employer's liability;

(vi) personal injury liability;



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(vii) shoring, blasting, excavating, underpinning, demolition, pile driving and caisson work, work below ground surface, tunneling and grading, as applicable.

(viii) liability with respect to non-owned licensed vehicles; and

(ix) liability with respect to owned and non-owned aircraft and watercraft, as applicable (projects requiring significant use of aircraft or watercraft will require specific additional coverage)

(x) contractors sudden & accidental pollution coverage in the amount of $2,000,000.00;

(b) the Contractor shall provide and maintain liability insurance in respect of vehicles owned, leased or rented by the Contractor, subject to limits of not less than $5,000,000.00 inclusive per occurrence. For Automobile Liability insurance, a duly executed Insurance Corporation of British Columbia APV 47 form may be used for evidence of coverage or renewal.

(c) the Contractor shall provide and maintain all-risks contractors' equipment

insurance including Flood & Earthquake protecting all machinery and equipment owned, rented or leased or for which he is responsible by the Contractor in the performance of the Work for the actual cash value of any such machinery and equipment.

14.3 The Contractor shall, from time to time at the request of the City, provide to the

City proof satisfactory to the City, acting reasonably, that all policies of insurance required by these Insurance Conditions are in force, unamended and not cancelled, and that any premiums due therefore have been paid in full.

File originals or signed, certified copies of all current policies and any other endorsements necessary to comply with these insurance specifications and any other requirements outlined elsewhere in the contract with the City (refer to the contact information in Section 20), and delivered within thirty (30) days from the start of the project.

The Contractor shall furnish evidence of the renewal or extension of the required

policy(s) by certified copy of a renewal certificate(s) or by endorsement(s) to the policy(s) which is to be received by: The Project Managers of the City at least thirty (30) days prior to the expiry date of the policy.

14.4 All insurance policies, except general automobile liability insurance under these

Insurance Conditions shall contain an endorsement to provide all named insureds with prior notice of changes and cancellations, and such endorsement shall be in the following form:



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Notice to the City of Chilliwack: "It is agreed that the coverage provided by this insurance shall not

be changed or amended in any way nor cancelled until thirty (30) days after notice of such change or cancellation has been given to all named insureds."

14.5 If the Contractor fails to comply with these Insurance Conditions in any respect,

the City may, in its sole discretion, perform the Contractor's obligations under these Insurance Conditions, at the expense of the Contractor, which expense may be withheld by the City in accordance with the General Conditions. Nothing in this section places any obligation on the City to act under this section or relieves the Contractor from its obligations under these Insurance Conditions.

14.6 The Contractor shall require all its Contractors and Subcontractors, of every

description, to provide and maintain insurance as required by section 14.2(b) and (d) of these Insurance Conditions, and those sections shall, with respect to any such Contractors and Subcontractors, be read as if those sections referred to them.

14.7 The Contractor shall be responsible for any and all deductibles payable in any of

the foregoing policies. 14.8 All the foregoing insurance will be primary and not require the sharing of any loss

by any insurer of the City.

THE CITY ASSUMES NO RESPONSIBILITY FOR THE ADEQUACY OF THE INSURANCE UNDER THIS AGREEMENT.

15. INDEMNIFICATION

15.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, contractors and agents, from and against all liability, claims, damages, losses, costs, actions, cause of action, suits, proceedings and expenses, including legal fees and disbursements, arising out of or attributable to the performance of the Work except to the extent that any such claim, damage, loss or expense is caused by the negligent acts or omissions of the City. The same indemnification applies to the City of Abbotsford in the case of the Community Bar material being stockpiled at the No. 2 Road stockpile site.

15.2 The terms and conditions of this clause 15.1 shall survive notwithstanding the completion of all work and the obligations and duties under the Contract and the termination for any reason whatsoever of this Contract.

16. SITE SAFETY AND WORKERS’ COMPENSATION 16.1 The Contractor shall develop, maintain, implement and supervise for the duration

of the contract, a comprehensive safety program that shall effectively incorporate



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and implement all safety precautions required by all applicable laws, ordinances, rules, regulations and orders and general operation practices for the safety of persons or property, including any general safety rules and regulations under the Worker’s Compensation Act (British Columbia) the Workplace Hazardous Waste Materials Information System or other Occupational Health and Safety legislation or regulations that may be applicable.

16.2 The Contractor is deemed the “Prime Contractor” for the purposes of all

applicable occupational health and safety laws, including the Workers’ Compensation Act (British Columbia), and the Contractor is responsible for filing any documents necessary to comply with the Workers’ Compensation Act (British Columbia), including, but not limited to, a Notice of Project, if applicable. The Contractor shall comply, and shall ensure that all Subcontractors and Other Contractors comply with all requirements with the Workers’ Compensation Act (British Columbia) and any other occupational health and safety Laws, applicable to the Project, the Work or to the Work Site. The Prime Contractor shall compensate the City of any loss or damage, fines or penalties to the City arising out of any actions by the Contractor, or its Subcontractors, in the performance of the Work.

16.3 Prior to commencing the Work and as a condition of receiving payment, the

Contractor shall provide the City with satisfactory written evidence of compliance by the Contractor with all requirements under the Workers’ Compensation Act (British Columbia), including payments of assessments due under it to the Workers’ Compensation Board. Without limiting the foregoing, the Owner’s Representative may at any time require the Contractor to provide evidence of compliance with all requirements under the Workers’ Compensation Act (British Columbia), or payment of assessments due under it to the Workers’ Compensation Board, or both.

16.4 When required to do so by the City, the Contractor shall provide the owner with

evidence of its compliance of any or all its Subcontractors under 16.3. 16.5 The Contractor will have a safety program acceptable to the Workers

Compensation Board and will ensure that all Workers Compensation Board Safety Rules and Regulations are observed during the performance of this contract, not only by the Contractor but by all subcontractors, workers, material men and others engaged in the performance of this contract.

16.6 The Contractor will provide only professional personnel who have the

qualifications, experience and capabilities to perform the work. 16.7 The Contractor shall have a qualified safety coordinator on site during all

operations who coordinates all safety functions in respect to the work being performed.



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16.8 Prior to commencement of construction, the Contractor will complete and file a “Construction Notice of Project”, if applicable, with the Workers Compensation Boards and will provide a copy of the same to the City.

16.9 The Prime Contractor must ensure that the health and safety activities of all

employees, workers and supervisors at a multiple-employer workplace are coordinated. Further, the Prime Contractor must do everything reasonable to ensure that employees, workers and supervisors comply with all regulations pertaining to health and safety.

16.10 Each employer at a multiple-employer workplace must supply the Prime

Contractor the name of the person who has been designated to supervise the employer’s workers.

16.11 As a minimum, the Contractor is responsible for placing proper signage at the work sites to warn the public of the dangers of heavy equipment operating in the area and may require the use of flag persons to ensure safe movement of hauling equipment adjacent to the Vedder River pedestrian trails or public roads. All gates are to be closed after operating hours.

17. DAMAGE TO PROPERTY 17.1 The Contractor shall be responsible for any damage to private or public property

resulting from the removal, transportation and stockpiling of the gravel. 18. AWARD OF CONTRACT 18.1 All Contracts that are to be awarded will be signed within fifteen (15) days after

the opening of tenders. 19. COMPLETION DATE 19.1 All gravel removal from the designated bars shall be completed before

September 15, 2012 unless extended by the fisheries agencies. 20. CONTACT PERSON 20.1 Any questions associated with these tender documents may be directed to the

following person:

Tara Friesen, Manager of Flood Protection Infrastructure City of Chilliwack 8550 Young Road

Chilliwack, BC V2P 8A4 Telephone: 604-793-2701

Fax: 604-793-2756

E-mail: [email protected]



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21. APPLICABLE LAW 21.1 The City and the Contractor agree that the Agreement is to interpreted in

accordance with, and governed by, the laws of British Columbia and the Contractor irrevocably submits to the exclusive jurisdiction of the courts of British Columbia.

22. TIME 22.1 Time is of the essence of the Contract. 23. WAIVER 23.1 Any failure of the City to enforce or to require the strict performance of any of the

provisions of the Contract or from time to time to enforce or require the Contractor to do, perform or carry out the requirements, covenants, terms, conditions, stipulations or provisos in the Contract, shall not in any way,

a) constitute a waiver of those provisions or any estoppel against the City, or

b) affect or impair those provisions or any right the City has at anytime to avail itself of any remedies it may have

c) for any breach of those provisions, or

d) to require Work to be performed in accordance with the Contract.

23.2 The City is not bound by a waiver of any provision of the Contract unless the waiver is clearly expressed in writing and signed by the Project Manager.

23.3 No inspection, review, approval, consent or any other act or omission on the part

of the City, or any other person or party shall relieve the Contractor of any obligations under the Contract to complete the Works strictly in conformance with the Contract, including but not limited to all applicable specifications.



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TENDER FORM We, the undersigned Tenderer, having carefully examined the contract documents as issued for tender for the above project and any addenda thereto, all as listed herein, and having satisfied ourselves as to the nature and location of the work, the general and local conditions to be encountered in the performance of the work, the time of year during which the work shall be performed, the requirements of the contract and all other matters which can in any way affect the work or cost thereof, hereby offer to enter into a contract with the owner to perform the work required by the tender document, on the terms and conditions contained in the tender document and in accordance with the following: 1.0 PERFORMANCE 1.1 We agree to perform the work of the quality and in the manner specified in the

tender document and in compliance with the Scope of Work; as summarized in Schedule “A” Services, and to perform all obligations and assume all liabilities imposed upon the Contractor by the tender document.

2.0 TENDER FORM 2.1 The Tender Form comprises the following: Schedule “A” – Services Schedule “B” – Contract Prices Schedule “C” – Contractor’s Equipment Schedule “D” – Time Schedule Schedule “E” – WCB Clearance Schedule “F” – Project Personnel Schedule “G” – Addenda Received Authorization Sample Irrevocable Letter of Credit Sample Contract Agreement



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SCHEDULE “A” - SERVICES The Contractor removes the gravel and hauls the gravel to the designated stockpile sites. The City of Chilliwack pays the Contractor for the work as per the tendered contract price. The City retains ownership of the gravel.

SCHEDULE “B” - CONTRACT PRICES Bidder’s Name: ______________________________ Location and Tender Price Site No. Estimated Quantity per Cubic Metre 1 Greendale Bar – 10,000 m

3 $____________

2 Community Bar – a) 19,900 m3 $____________

Community Bar – b) 2,000 m3 sand (provisional) $____________

3 Yarrow Bar – 21,900 m3 $____________

**TRANSFER TENDER PRICES TO TENDER COVER SHEET

GST or HST, whichever is in effect, will be added to the bid prices. Notes:

• As per Section 7.18, the cost of moving forest debris from the temporary storage area(s) to the placement location does not need to be included in the tender price of the gravel.

The cost of placing the debris, when both the Contractor and the environmental monitor agree on the amount, shall be added to the amount owed by the City for the gravel removal and stockpiling work.



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SCHEDULE “C” – CONTRACTOR’S EQUIPMENT The Contractor shall list the make, model, year and type of equipment that is presently in his possession that will be used in the performance of the work. EQUIPMENT TYPE MAKE MODEL YEAR

SCHEDULE “D” - TIME SCHEDULE All gravel will be removed from the above sites by ______________(date).



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SCHEDULE “E” – WCB CLEARANCE We have attached a copy of a current clearance certificate from the Workers’ Compensation Board of British Columbia certifying that we are registered with W.C.B. and are not in arrears in any payments of assessments.

SCHEDULE “F” – PROJECT PERSONNEL

The following is a list of our key personnel: Project Manager __________________________ Site Superintendent __________________________ Safety Coordinator __________________________ Other __________________________

Other __________________________ The Tender represents and warrants that the above named personnel are available and will work for the Tenderer on this contract if the Tenderer is awarded the contract and the Tenderer specifically agrees they will not be substituted or removed from the Work under the contract without the express prior written approval of the Owner.

SCHEDULE “G” – ADDENDA RECEIVED We acknowledge receipt of the following addenda and agree that each of the addenda shall be incorporated into the contract: Addendum No. Date

_____________ _________________

_____________ _________________

_____________ _________________

_____________ _________________



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IN WITNESS WHEREOF, we have executed this Tender, under corporate seal, where applicable, as of the ________ day of ___________________, 2012. Bidder: ___________________________________________ (Name) ___________________________________________ (Street Address or Postal Box Number) ___________________________________________ (City, Province & Postal Code)

We are: ___an individual ____a partnership ____a corporation ____a joint venture Authorized Signatory: _________________________________________ Name & Title: ________________________________________________ (Please Print or Type) Phone Number: _________________ Fax Number: ________________ E-mail: _______________________________ Witness: ___________________________________________



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SAMPLE OF IRREVOCABLE LETTER OF CREDIT [ON BANK LETTERHEAD]

Letter of Credit No. ______ Amount $ ________

(Date) The City of Chilliwack 8550 Young Road Chilliwack, B.C. V2P 8A4 Dear Sir: IRREVOCABLE COMMERCIAL LETTER OF CREDIT NO. In accordance with the Contract to provide Service for the City of Chilliwack, under the Name of Tender Contract, we hereby authorize you to draw on (NAME OF BANK), (ADDRESS OF BANK IN CHILLIWACK), British Columbia, for account of (NAME OF TENDERER), up to an aggregate amount of Insert Amount . Pursuant to the request of our customer Name of Tenderer we the _____________ Bank hereby establish and give you an Irrevocable Letter of Credit in your favour in the above amount which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and the said customer to make such demand and without recognizing any claim of our said customer, or objection by it to payment by us. Drawings are to be made in writing to (NAME AND ADDRESS OF BANK). Partial drawings may be made. The Bank shall not inquire as to whether or not the City of Chilliwack has a right to make demand on this Letter of Credit. This Letter of Credit is irrevocable and shall continue in force for a period of one year. The amount of this Letter of Credit may be reduced from time to time as advised by notice

in writing to us by the City of Chilliwack. DEMANDS SHALL BE MADE NOT LATER THAN . The Demands made under this Credit are to be endorsed and shall state on their face that they are drawn under (NAME OF BANK), (ADDRESS OF BANK), Letter of Credit No. ________. Yours truly, Manager On behalf of (NAME OF BANK)



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Sample Contract Agreement THIS AGREEMENT made as of the _______ day of _______________, 2012 the "Contract") for Tender No. 2012-22 – 2012 Vedder River Gravel Removal. BETWEEN: CITY OF CHILLIWACK 8550 Young Road Chilliwack, B.C. V2P 8A4 ("Owner") AND: _________________________ _____________________, a company duly incorporated under the laws of British Columbia and

having an office at ________________________________________.

("Contractor") WITNESSES THAT the parties mutually agree as follows: ARTICLE 1 THE WORK 1.1 The Contractor shall in strict accordance with the terms of this Contract perform

for the Owner all Work described in, required by or inferred from this Contract, which Contract includes all the terms, conditions and provisions of the following, all of which are expressly incorporated by reference into this Contract to the same extent and for the same purposes as if repeated verbatim herein:

a) This executed Agreement; General Conditions; Supplementary Conditions; Specifications/Work; Completed Tender Form; Instructions to Tenderers. b) Addenda, as attached hereto and described as: _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________



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ARTICLE 2 SCHEDULE 2.1 The Contractor shall do and fulfill everything indicated by this Contract, and

commence the Work by the _ _____day of ___________________, 2012 and attain Total Performance of the Work as certified by the Owner, by the ______day of _____________________, 2012.

ARTICLE 3 CONTRACT PRICE AND PAYMENT 3.1 The City agrees to pay the Contractor for the removal and stockpiling of gravel at

the unit price of $xxxx per cubic metre, plus HST. All in Canadian funds, based on the estimated quantities contained in Schedule “B” – Contract Prices attached as Schedule 1 to this Agreement, which Contract Price shall be subject to adjustment in accordance with the measured in accordance with the provisions of the Contract including the Specifications, of each item in the aforesaid Schedule “B”, and which Contract Price may be further adjusted only pursuant to written or verbal Change Orders as provided for in the Contract.

3.2 The Contractor agrees that it shall not be entitled to any further payment with

respect to the Contract, except for extra work and changes provided that such are authorized in writing strictly in accordance with the provisions of the Contract, including the General Conditions, and that prior to commencing any such work a written Change Order duly issued by the Owner in accordance with the provisions of the Contract has been obtained.

3.3 Subject to holdbacks and deductions made pursuant to the Contract and

pursuant to applicable legislation, including but not limited to the Builders' Lien Act of British Columbia and any successor legislation, and subject to all other provisions of the Contract including Clause 3.4 of the Agreement, the Owner shall:

a) make monthly progress payments to the Contractor on account of work performed as certified by the Owner; and

b) upon Total Performance of the Work as determined by the Owner pay to the Contractor the unpaid balance of monies due.

3.4 If the Work to be performed under the Contract is not subject to the Builders'

Lien Act of British Columbia or any successor legislation, then the Owner shall withhold the same amount as the Owner would otherwise be required to withhold if such legislation did apply to the Work. In such case, the Owner shall, after total Performance of the Work, as certified by the Owner, and provided that no claims have been made or filed with the Owner for unpaid labour, equipment, materials or services by anyone employed by or through the Contractor, pay to the Contractor the amount withheld and which is then otherwise due, less any holdback for damages, deficiencies and warranty items. If prior to release of the aforesaid holdback claims for unpaid labour, equipment, materials or services are made or filed with the Owner, the Owner may, but shall not be obligated to, pay all or any part of such claims directly to the claimants and then deduct such payments from any amounts otherwise due to the Contractor.



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3.5 If the Owner fails to make payments to the Contractor as they become due under

the terms of the Contract, interest on such unpaid amounts at the annual prime rate of interest specified from time to time by the Royal Bank of Canada as its prime lending rate for loans made in Canada in Canadian dollars, plus two (2%) per cent, calculated monthly and not compounded, shall also become due and payable until the date payment is received by the Contractor.

ARTICLE 4 ADDRESSES FOR NOTICES 4.1 Communications in writing between the Owner and between the Contractor shall

be addressed as follows: To the Owner at: CITY OF CHILLIWACK 8550 Young Road Chilliwack, B.C. V2P 8A4 Attention: Ms. Tara Friesen, Manager of Flood Protection Infrastructure Fax No.: 604.793.2701

Phone No.: 604.793.2756

Email: [email protected] To the Contractor at: __________________________________

__________________________________

__________________________________

__________________________________

Attention:

Fax No.:

Phone No.:

Email: All such communications shall specifically refer to and identify the names of the parties and this Contract.



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ARTICLE 5 LAW AND LANGUAGE OF THE CONTRACT 5.1 The law of the Province of British Columbia shall govern the interpretation of the

Contact, which is drawn in English at the request of the parties. ARTICLE 6 MISCELLANEOUS 6.1 The Contract shall ensure to the benefit of and be binding upon the parties

hereto and their respective successors, executors, administrators, legal representatives and assigns.

6.2 The Contractor hereby represents and warrants that the Contractor is

incorporated in the province of British Columbia or, if incorporated in another jurisdiction, is registered and is in good standing as an extra-provincial company under the provisions of the Company Act of British Columbia.

ARTICLE 7 JOINT VENTURES 7.1 If the Contractor is a joint venture, each member of the joint venture and each

member of the joint venture executing the Contract hereby represents and agrees that it shall, in respect to the Owner, be jointly and severally liable to the Owner to fulfill all obligations and liabilities of the Contractor to the same extent and for the same purposes as if that member had alone executed the Contract as the sole Contractor. The foregoing shall not limit any rights the joint venture member may subsequently have to claim contribution and indemnity under the terms of the joint venture agreement from other members of the joint venture.



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IN WITNESS WHEREOF the parties have agreed to be bound by all the terms and conditions of this Contract and have executed and delivered this Contract by their duly authorized representatives to be effective as of and from the day and year first above written.

THE CITY OF CHILLIWACK ) ) ) ______________________________) Mayor ) ) ______________________________) Clerk ) Date signed by City of Chilliwack: _____________________, 2012 CONTRACTOR ) ) ______________________________) Authorized Signatory ) ) ______________________________) Authorized Signatory ) Date signed by _____________________: ____________________, 2012 SIGNED & DELIVERED by ) ______________________________) in the presence of: ) ) ______________________________) Witness ) ) ______________________________) Name ) ) ______________________________) ______________________ Address Signature Date signed by _________________: ____________________, 2012

NOTE: If the Contractor is incorporated execution shall be by duly authorized officers of the corporation and the

corporate seal shall be affixed. If the Contractor is not incorporated, the partnership or proprietorship shall be named and the partners in the case of the partnership or the individuals comprising the proprietorship shall sign and their signatures shall be witnessed as indicated. If the Contractor is a Joint Venture, each member of the Joint Venture shall execute the Contract in its own name and in accordance with the foregoing, attaching additional pages as required.



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2012-22 - 2012 vedder gravel removal tender - chilliwack 2012... · 2012. 6. 20. · city of...

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