ENGINEERING SERVICES
UNIT PRICE CONTRACT DOCUMENT
DIVISION 00
2014 EDITION
PROJECT:
CONSULTANT:
CONTRACTOR:
DATE:
BOOKLET #: ________________
Unit Price Contract Document
Cover Page Information
For the “Booklet’ number on the preceding Cover page please ensure that the following
format is followed:
-
For City &/or Consultant copies: 2014 – City Use
For Construction Associations: 2014 – “name of” Construction Association
For Bidder Package: 2014 - #00__(starting 1)
Delete this text box when editing is complete.
Unit Price Contract
2014 Revisions
Provisions for multi-stage construction charges have been made in the following sections:
00 21 13
00 30 00
00 71 00
CITY OF RED DEER ENGINEERING SERVICES
REQUEST FOR CHANGES TO PUBLICATIONS
Please use this form when making requests for changes or a reference or spelling error is noticed
to or in a City of Red Deer publication. Please indicate which publication(s) is affected. Please
use multiple Change Request forms for multiple requests.
Requests forms to be returned to City of Red Deer Engineering Services, Development Section,
care of a Development Coordinator.
□□□□□-
CONTRACT SPECIFICATION
UNIT PRICE CONTRACT DOCUMENT
DEVELOPMENT AGREEMENT
DESIGN GUIDELINES
DEVELOPMENT PERMIT GUIDELINES
CHANGE REQUESTED:
SECTION NUMBER_____________________
SECTION NAME _______________________
□- SEE ATTACHMENT
DETAILS OF REQUESTED CHANGE:
BACKGROUND ON WHY CHANGE HAS BEEN REQUESTED:
REQUESTED BY ____________________
PHONE NUMBER ______________
DEPARTMENT ______________________
DATE ________________________
REVIEWED BY ____________________
DATE REVIEWED_____________
□ REQUEST APPROVED. □ REQUEST DENIED. □ POSTPONED TILL NEXT YEAR
□ MORE INFORMATION REQUIRED FROM APPLICANT
THE CITY OF
CERTIFICATION AND SEALS PAGE
RED DEER
DIVISION 00
Section 00 01 05
Page 1 of 1
CONTRACT SPECIFICATION
FOR
“NAME OF PROJECT”
“DATE”
“Name of Engineer”
“Position”
“Name of Engineer”
“Position”
“Name of Engineer”
“Position”
“Name of Engineer”
“Position”
“Name of Engineer”
“Position”
“Name of Engineer”
“Position”
Permit to Practice Stamp
Prepared by “Name of Consulting Firm”
CONFIDENTIALITY AND COPYRIGHT
These documents are for the sole use of the Owner, Engineer, Contractor, Subcontractors and Suppliers having a
Contract for the execution of the Work covered in the Contract Documents, in whole or in part. The Contract
Documents contain proprietary and confidential information that shall not be reproduced in any manner or disclosed
to or discussed with any other parties without the express permission of the Engineer. Information in these
documents is to be considered the intellectual property of the Engineer in accordance with Canadian copyright law.
THE CITY OF
TABLE OF CONTENTS
RED DEER
DIVISION 00
DIVISION 00
Section 00 01 10
Page 1 of 5
UNIT PRICE CONTRACT DOCUMENT
Introductory Information, Bidding Requirements, Contract Forms and Conditions of
the Contract
00 01 05
00 01 10
00 01 15
00 11 13
Certification Page
Table of Contents
List of Drawings
Invitation to Tender Advertisement
(only required for newspaper advertisement; may be removed from signed document)
00 11 16
00 11 16.01
00 11 16.02
00 21 13
00 30 00
00 40 00
00 41 43
00 41 43.00
00 41 43.01
00 41 43.02
00 41 43.02
00 41 43.02
00 41 43.03
00 41 43.04
00 50 00
00 60 00
00 60 00.01
00 60 00.02
00 60 00.03
00 60 00.04
00 60 00.05
00 60 00.06
00 60 00.07
00 60 00.08
00 60 00.09
00 60 00.10
00 60 00.11
00 60 00.12
Invitation to Tender (Instruction Page)
Invitation to Tender – Price Only
Invitation to Tender – Evaluation Criteria
Instructions to Bidders
Available Project Information
Tender Form Table of Contents
Tender Form – Unit Price Contract
Schedules & Appendices Table of Contents
Summary of Unit Price Schedules
Unit Price Schedule A
Unit Price Schedule B
Unit Price Schedule C
Appendices
Tender Addenda Form
Agreement Form
Project Forms Index
Bid Bond
Consent of Surety
Performance Bond
Labour and Materials Bond
Maintenance Bond
Certificate of Insurance
Irrevocable Letter of Credit
Statutory Declaration by a Contractor
Interim (Seasonal) Completion Certificate
Substantial Completion Certificate
Construction Completion Certificate
Final Acceptance Certificate
THE CITY OF
TABLE OF CONTENTS
RED DEER
00 60 00.13
00 60 00.14
00 60 00.15
00 60 00.16
00 60 00.17
00 60 00.18
00 60 00.19
00 60 00.20
00 60 00.20
00 70 00
00 71 00
00 72 00
DIVISION 00
Section 00 01 10
Page 2 of 5
Safety Notice
Monthly Health and Safety Summary
Project Completion Health and Safety Review
Contractor’s Daily Progress Report
Plastic Pavement Marking Warranty
Site Material Field Testing Report
Contract Change Order Form
Affidavit Verifying Signing Authority
Affidavit of Execution
General Conditions – Table of Contents
General Conditions of the Contract
Supplementary General Conditions
DIVISIONS 01 TO 34 – CONTRACT SPECIFICATIONS (BOUND SEPARATELY)
DIVISION 01
01 14 00
01 21 00
01 23 10
01 29 00
01 31 13
01 32 16
01 33 00
01 35 14
01 35 30
01 35 43
01 41 00
01 42 00
01 45 00
01 51 00
01 51 05
01 53 40
01 58 99
01 61 00
01 74 11
01 77 00
01 78 00
GENERAL REQUIREMENTS
Work Restrictions
Allowances
Alternatives
Payment Procedures
Project Coordination
Construction Schedule
Submittal Procedures
Special Procedures for Traffic Control
Health and Safety Requirements
Environment Procedures
Regulatory Requirements
References
Quality Control
Temporary Utilities
Temporary Work
Hauling and Haul Roads
Temporary Construction Signing
Common Product Requirements
Cleaning
Closeout Procedures
Closeout Submittals
THE CITY OF
TABLE OF CONTENTS
RED DEER
DIVISION 00
Section 00 01 10
Page 3 of 5
DIVISION 02
02 41 43
EXISTING CONDITIONS
Site Demolition
DIVISION 03
03 05 13
03 10 00
03 12 10
03 20 10
03 30 20
03 48 23
CONCRETE
Basic Concrete Materials and Test Procedures
Concrete Forms and Accessories
Slip Formed Concrete
Concrete Reinforcement
Cast-in-Place Concrete
Precast Concrete Parking Curbs
DIVISION 10
10 14 54
SPECIALTIES
Traffic Signage
DIVISION 31
31 05 17
31 11 00
31 22 30
31 23 16
31 24 13
31 26 13
31 32 20
31 32 21
31 32 41
31 36 10
31 37 10
EARTHWORK
Aggregate Materials
Clearing and Grubbing
Site Grading
Trench Excavation and Backfilling
Roadway Embankment and Compaction
Reshaping Roadway Subgrade
Geogrid Soil Reinforcement
Geotextiles
Soil Insulation
Gabions
Rip-Rap
DIVISION 32
32 01 12
32 01 18
32 01 21
32 11 13
32 11 19
32 11 23
32 12 14
32 12 15
EXTERIOR IMPROVEMENTS
Pavement Surface Cleaning and Marking Removal
Routing and Sealing Pavement Cracks
Pavement Crack Cleaning and Filling
Reshaping Granular Roadbed
Granular Sub-base
Granular Base
Asphalt Prime Coat
Asphalt Tack Coat
TABLE OF CONTENTS
THE CITY OF
RED DEER
32 12 16
32 12 20
32 12 21
32 12 38
32 12 50
32 12 53
32 12 60
32 13 14
32 13 15
32 14 20
32 15 23
32 17 13
32 17 23
32 17 33
32 17 43
32 17 53
32 31 13
32 31 16
32 31 26
32 32 20
32 91 21
32 92 20
32 92 21
32 92 23
32 93 10
32 93 45
32 93 50
DIVISION 33
33 01 31
33 01 40
33 05 12
33 05 14
33 11 17
33 31 13
33 34 00
33 41 16
DIVISION 00
Section 00 01 10
Page 4 of 5
Hot Mix Asphalt Concrete Paving
Mixed-in-Place Asphalt Paving
Hot-in-Place Asphalt Recycling
Chip Seal Coat
Asphaltic Concrete Overlay Paving
Reshaping Asphalt Pavement
Asphaltic Concrete Curbs
Removal and Replacement of Concrete Work
Concrete Work
Precast Paving Stone
Roadway Dust Control
Pavement Marking: General
Painted Traffic Lines and Markings
Thermoplastic Pavement Markings
Spray Plastic Pavement Markings
Cold Plastic Pavement Markings
Chain Link Fences and Gates
Post and Cable Fences
Wire Fences and Gates
Interlocking Block Retaining Wall
Topsoil and Finish Grading
Mechanical Seeding
Hydraulic Seeding
Sodding
Planting of Trees, Shrubs and Ground Covers
Tree Pruning
Tree and Shrub Preservation
UTILITIES
Relining Underground Pipelines
Concrete Encased Duct Banks and Manholes
Manholes and Catchbasins
Adjustment of Manholes, Catchbasins, Hydrants and Valves
Water Mains
Sanitary Sewer Mains
Sewage Force Mains
Water, Sanitary and Storm Service Connections
TABLE OF CONTENTS
THE CITY OF
RED DEER
33 42 13
33 44 00
33 46 17
33 49 16
33 71 05
33 71 10
33 71 15
33 71 20
33 71 21
Pipe Culverts
Storm Sewer Mains
Sub-drainage
Catchbasin Leads
Electrical General Requirements
Basic Electrical Products and Materials
Boring or Jacking Conduits
Direct Buried Underground Cable Ducts
Underground Ducts for Road Crossings
DIVISION 34
34 71 15
34 71 34
TRANSPORTATION
Concrete Barriers
Steel W-Beam Guide Rail
DIVISION 50
50 01 00
50 02 00
50 03 00
50 04 00
50 05 00
50 06 00
50 07 00
50 08 00
50 09 00
SPECIFICATION DRAWINGS
Trench Excavation and Backfill
Water Mains
Manholes and Catchbasins
Service Connections
Concrete Work
Interlocking Paving Stone Work
Miscellaneous Roadway Construction
Landscape Work
Electrical Work
DIVISION 00
Section 00 01 10
Page 5 of 5
LIST OF DRAWINGS
THE CITY OF
RED DEER
DIVISION 00
Section 00 01 15
Page 1 of 1
“PROJECT NAME”
The following is a list of Drawings, which are bound separately from the Contract Documents and
form part of the Contract. This list does not include the construction specification drawings included
as part of Division 50, in the Contract Specifications document.
DRAWING NO.
TITLE
REV.
NO.
THE CITY OF
INVITATION TO TENDER
Advertisement Page
RED DEER
DIVISION 00
Section 00 11 13
Page 1 of 1
INVITATION TO TENDER
Sealed Tenders clearly marked “Contract Title and Tender Closing Date”, delivered or mailed
to the Purchasing Section, Sixth Floor at:
The City of Red Deer
Professional Building Suite 600
4808 50th Street
Red Deer, AB T4N 1X5
Attention: Financial Services Reception Desk
and received before 2:00:59 p.m. local time on “Closing Date” will be opened in public
immediately thereafter. Tenders received and not conforming to the foregoing will be returned
to the Bidder(s) without consideration. Faxed Tender Documents or Tender Amendments will
not be accepted.
The Work is comprised of approximately:
“List of Work Quantities”
Tender Documents are to be obtained directly from The City of Red Deer Engineering Services
Department, Third Floor, City Hall, on or after Opening time” “Document Available Date” for
a “Document Fee” non-refundable fee. The City of Red Deer Contract Specifications 2015
Edition may be obtained from the Engineering Services Department for a $40 plus GST, nonrefundable fee, or may be viewed on The City of Red Deer Website @ www.reddeer.ca.
Subcontractors may view the Tender Documents at the Edmonton, Calgary, and Red Deer
Construction Association offices.
Inquiries regarding this Project may be directed to:
“Name of Project Engineer”
The City of Red Deer
Engineering Services Department
4914-48 Avenue
Red Deer, AB T4N 3T3
Email only (no ph. #)
V2014.1
“Consultant Project Engineer”
“Company Name”
“Address”
“Email only (no ph. #)”
INVITATION TO TENDER
THE CITY OF
RED DEER
DIVISION 00
Section 00 11 16
Page 1 of 1
This Section is to be edited for each specific project.
Please note that you must select the appropriate Invitation to Tender. The City of Red
Deer Engineering Department issues two different types of Invitations to Tender:
-
Price Only, or
Evaluation Criteria
There are two versions of the Invitation to Tender, Section 00 11 16; based on direction
received from the Owner and Engineer select the appropriate Version.
Delete this page when editing is complete.
THE CITY OF
INVITATION TO TENDER
RED DEER
DIVISION 00
Section 00 11 16.01
Page 1 of 2
INVITATION TO TENDER
Price Only
THE CITY OF RED DEER
[Delete text box for
final Document]
Sealed Tenders clearly marked “Contract Title and Tender Closing Date” delivered or mailed
to the Purchasing Section, Sixth Floor at:
The City of Red Deer
Professional Building Suite 600
4808 50th Street
Red Deer, AB T4N 1X5
Attention: Financial Services Reception Desk
and received before 2:00:59 p.m. local time on “Closing Date” will be opened in public
immediately thereafter. Tenders received and not conforming to the foregoing will be returned
to the Bidder(s) without consideration. Faxed Tender Documents or Tender Amendments will
not be accepted.
The Work is comprised of approximately:
“List of Work Quantities”
Tender Documents are to be obtained directly from The City of Red Deer Engineering Services
Department, Third Floor, City Hall, on or after “Opening time” “Document Available Date” for
a “$Document Fee” non-refundable fee. The City of Red Deer Contract Specifications 2015
Edition may be obtained from the Engineering Services Department for a $40 plus GST, nonrefundable fee, or may be viewed on The City of Red Deer Website @ www.reddeer.ca.
Subcontractors may view the tender documents at the Edmonton, Calgary, and Red Deer
Construction Association offices.
Tenders must be accompanied by
- Bid Bond, Certified Cheque, Letter of Credit or Money Order in the amount of 10% of
the Tender Price,
- Consent of Surety
As it is the purpose of The City to obtain the bid most suitable and most advantageous to the
interests of The City, notwithstanding anything else contained within the tender documents, The
City reserves the right, in its sole and unfettered discretion, to reject or accept any bid, including
the right to reject all bids. In that event, all Bidders will be notified and The City will not be
liable to any Bidder. If The City decides to accept a Tender and award a Contract, the selection
of the successful Bidder will be based on price only as stated in Section 00 21 13, Article 25 of
the Instructions to Bidders and subject to Section 00 21 13, Article 23 of Instructions to Bidders.
V2014.2
THE CITY OF
RED DEER
INVITATION TO TENDER
DIVISION 00
Section 00 11 16.01
Page 2 of 2
Non-compliant bidders will not be considered for this tender. Receipt and evaluation of a tender
does not imply that the Bidder is compliant. However, The Owner reserves the right to accept the
Tender deemed most favourable in the interest of the Owner.
The successful Bidder shall be the Principal or Prime Contractor for the Project pursuant to the
applicable construction safety legislation and shall have primary responsibility for the safety of
all workers and equipment on the Project in accordance with such legislation.
The successful Bidder must provide documentary evidence that they have achieved
accreditation/recognition in a Safety Certification Program relevant to their industry and which
is recognized by Alberta Labour, Occupational Health and Safety, or possess a Temporary Letter
of Certification issued by Alberta Labour, Occupational Health within seven (7) days of being
notified of the conditional acceptance of their tender, failing which their tender will be rejected.
Inquiries regarding this Project shall be directed to:
“Name of Project Engineer”
The City of Red Deer
Engineering Services Department
4914-48 Avenue
Red Deer, AB T4N 3T3
Email only (no ph. #)
V2014.2
“Consultant Project Engineer”
“Company Name”
“Address”
Email only (no ph. #)
THE CITY OF
INVITATION TO TENDER
RED DEER
DIVISION 00
Section 00 11 16.02
Page 1 of 2
INVITATION TO TENDER
Evaluation
THE CITY OF RED DEER
[Delete text box for
final Document]
Sealed Tenders clearly marked “Contract Title and Tender Closing Date” delivered or mailed
to the Purchasing Section, Sixth Floor at:
The City of Red Deer
Professional Building Suite 600
4808 50th Street
Red Deer, AB T4N 1X5
Attention: Financial Services Reception Desk
and received before 2:00:59 p.m. local time on “Closing Date” will be opened in public
immediately thereafter. Tenders received and not conforming to the foregoing will be returned
to the Bidder(s) without consideration. Faxed Tender Documents or Tender Amendments will
not be accepted.
The Work is comprised of approximately:
“List of Work Quantities”
Tender Documents are to be obtained directly from The City of Red Deer Engineering Services
Department, Third Floor, City Hall, on or after “Opening time” “Document Available Date” for
a “$Document Fee” non-refundable fee. The City of Red Deer Contract Specifications 2015
Edition may be obtained from the Engineering Services Department for a $40 plus GST, nonrefundable fee, or may be viewed on The City of Red Deer Website @ www.reddeer.ca.
Subcontractors may view the tender documents at the Edmonton, Calgary, and Red Deer
Construction Association offices.
Tenders must be accompanied by
- Bid Bond, Certified Cheque, Letter of Credit or Money Order in the amount of 10% of
the Tender Price,
- Consent of Surety
As it is the purpose of The City to obtain the bid most suitable and most advantageous to the
interests of The City, notwithstanding anything else contained within the tender documents, The
City reserves the right, in its sole and unfettered discretion, to reject or accept any bid, including
the right to reject all bids. In that event, all Bidders will be notified and The City will not be
liable to any Bidder. If The City decides to accept a Tender and award a Contract, the selection
of the successful Bidder will be based on the evaluation criteria set out in Section 00 21 13,
Article 25 of the Instructions to Bidders and subject to Section 00 21 13, Article 23 of
Instructions to Bidders.
V2014.2
THE CITY OF
RED DEER
INVITATION TO TENDER
DIVISION 00
Section 00 11 16.02
Page 2 of 2
Non-compliant bidders will not be considered for this tender. Receipt and evaluation of a tender
does not imply that the Bidder is compliant. However, The Owner reserves the right to accept
the Tender deemed most favourable in the interest of the Owner.
The successful Bidder shall be the Principal or Prime Contractor for the Project pursuant to the
applicable construction safety legislation and shall have primary responsibility for the safety of
all workers and equipment on the Project in accordance with such legislation.
The successful Bidder must provide documentary evidence that they have achieved
accreditation/recognition in a Safety Certification Program relevant to their industry and which
is recognized by Alberta Labour, Occupational Health and Safety, or possess a Temporary Letter
of Certification issued by Alberta Labour, Occupational Health within seven (7) days of being
notified of the conditional acceptance of their tender, failing which their tender will be rejected.
Inquiries regarding this Project shall be directed to:
“Name of Project Engineer”
The City of Red Deer
Engineering Services Department
4914-48 Avenue
Red Deer, AB T4N 3T3
Email only (no ph. #)
V2014.2
“Consultant Project Engineer”
“Company Name”
“Address”
Email only (no ph. #)
THE CITY OF
RED DEER
INSTRUCTIONS TO BIDDERS
DIVISION 00
Section 00 21 13
Page 1 of 18
This Document is to be edited for each specific project. Delete this text box when editing is
complete.
This Document provides a typical listing of subjects comprising bidder instructions
required on most projects.
If you are modifying the Document and there are Parts that you are removing for a specific
tender, please ensure that you leave the “Part Title” in the document and just type in “Not
applicable for this tender” under the title. DO NOT change the numbering sequence.
This document can have significant legal impact on the bid process. Consult legal counsel
for current advice on subjects that have legal implications, in particular, articles dealing
with the acceptance and/or rejection of a bid. Edit all subjects in conjunction with the
Owner and Engineer’s wishes on specific bidding or related instructions based on advice
from legal counsel.
This Document is to be used with the Division 00 Sections included in this Unit Price
Contract Document (or Lump Sum, or Lump Sum/Unit Price Contract Document).
Delete this page when editing is complete
____________________________________________________________________________________________________________________
THE CITY OF
RED DEER
INSTRUCTIONS TO BIDDERS
DIVISION 00
Section 00 21 13
Page 2 of 18
TABLE OF CONTENTS
Part
A.
TENDER CALL
Article 1. Project Description
2. Closing Date and Submission Methods
3. Inquiries
4. Document Availability
5. Tenders Irrevocable
6. Site Examination
7. Tender Quantities
8. Calculation of Tender Amount
9. Applicable Taxes
10. Omissions and Discrepancies
11. Errors
Part
B.
STRICT COMPLIANCE REQUIREMENTS AT TENDER SUBMISSION
Article 12. Tender Form Compliance
13. Bid Bond
14. Consent of Surety
15. Project Related Special Provisions
Part
C.
MATERIAL DISCLOSURE
Article 16. Reports
17. Other
Part
D.
PROCEDURAL RULES
Article 18. Addenda
19. Formal Request for Substitutions
20. Alternative Submissions
21. Tender Opening
22. Disclosure of Prices
23. Acceptance or Rejection
.1 Automatic Rejection
.2 Right to Waive Minor Irregularities and Informalities for Acceptance
24. Review of Unit Price Tenders
25. Selection Process
26. Award
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 3 of 18
27. Time for Executing Contract and Damages for Failure to Execute
28. The City’s Right on Failure or Default of Bidder
Part
E.
GENERAL
Article 29. Trade Agreements
30. FOIP
31. Interpretation
32. Reservation of Rights
33. Budget
34. Vendors Acting in Good Faith
35. Tender Documents
36. Disclosure of Interest
Part
F.
MANDATORY REQUIREMENTS AT CONTRACT EXECUTION
Article 37. Safety Certification Program
38. Insurance
39. Bonds
40. Other
Part
G.
PERFORMANCE REQUIREMENTS
Article 41. Designation of Prime Contractor
42. FOIP
43. Permits and Licenses
44. Safety Requirements
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 4 of 18
The following instructions apply to the project for which Tenders were called in the Invitation to
Tender, and provide direction as to the manner in which the Tenders are to be completed. These
Instructions to Bidders will be included as part of the Contract Documents making up the
Agreement.
A. TENDER CALL
1. PROJECT DESCRIPTION
.1
The intent of this tender call is to obtain a Tender to perform the work to complete
the construction of ___________________located at __________________ for
Unit Price Contract (or Lump Sum), in accordance with the Tender Documents.
.2
The Tender Documents are identified as __________Project, as prepared by the
____________.
.3
The Tender Documents may be obtained as outlined under Part A, Article 4 –
Document Availability.
[AND/OR]
.4
The work must be performed within (or by) ______________________.
2. CLOSING DATE AND SUBMISSION METHOD
.1
In order to ensure consideration, the Tender shall be placed in a sealed envelope
marked:
Tender Title
Closing Date and Time to be 00:00:59
AND DELIVERED OR MAILED TO
The City of Red Deer
Purchasing Section
Professional Building, Suite 600
4808 50th Street
Red Deer, AB T4N 1X5
ATTN: Financial Services Reception Desk
.2
FAXED or e-mailed Tender Documents or Tender Amendments shall not be
accepted.
.3
Bidders shall be solely responsible for the delivery of their Tenders in the manner
and time prescribed.
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 5 of 18
.4
For Tender closing purposes, the official time of receipt of Tenders shall be as
determined by the time recorder clock used to time and date stamp Tenders, upon
submission as received in the Purchasing Section.
.5
Tenders received after closing date and time shall NOT be considered and will be
returned to the Bidder unopened.
.6
Amendments to the submitted offer will be permitted if received in writing prior
to Tender closing and if endorsed by an authorized signature.
3. INQUIRIES
.1
Technical inquiries regarding this project shall be directed to:
Contact Person for Consultant (if applicable)
Fax:
Email:
Contact Person for Department
Fax:
Email:
4. DOCUMENT AVAILABILITY
.1
Tender Documents may be obtained at The City, ___________Department,
located at _________________.
[AND/OR]
.1
Tender Documents may be obtained at the office of ________________
(consultant info), located at________________.
.2
Tender Documents can be obtained by Bidders [free of charge] [upon receipt of a
non-refundable fee by cash or certified cheque] in the amount of $_______ per
set.
[AND/OR]
.3
Tender Documents are on display at the offices of the Calgary, Edmonton, & Red
Deer Construction Associations.
[AND]
.4
Upon receipt of Tender Documents, Bidders shall verify that documents are
complete and notify The City should the documents be incomplete.
.5
Tender Documents are made available only for the purpose of obtaining offers for
this project. Their use does not confer a license or grant for other purposes.
____________________________________________________________________________________________________________________
V2014.0
THE CITY OF
RED DEER
INSTRUCTIONS TO BIDDERS
DIVISION 00
Section 00 21 13
Page 6 of 18
5. TENDERS IRREVOCABLE
.1
The Tender shall be irrevocable and open for acceptance for a period of 60 days
from the date and time of closing of Tenders.
.2
Until the time the Tenders are officially opened, any Bidder may withdraw its
Tender without penalty or forfeiture. Such withdrawal must be made before the
first of the submitted Tenders is opened.
6. SITE EXAMINATION
.1
Each Bidder, in submitting a Tender, acknowledges that they have examined the
proposed work of this contract and that they are completely familiar with every
detail of the scope and intent of the work required.
.2
Each Bidder further acknowledges that they have examined the surrounding areas
and are familiar with all conditions and/or restrictions which could affect or limit
their operations due to such things as environmental constraints, public traffic,
site access and property of others.
.3
Claims for additional costs will not be entertained with respect to the conditions
that could have been reasonably ascertained by inspection of the site prior to the
Tender closing date.
7. TENDER QUANTITIES
.1
The Tender quantities are The City’s estimates made for the purpose of evaluating
the Tenders and estimating the total cost of the project.
.2
For “Unit Price” Contracts, it is the Contractor’s responsibility to verify all
estimated quantities and notify The City of any discrepancies.
8. CALCULATION OF TENDER AMOUNT
.1
For a Unit Price Contract, the Bidder shall insert a unit price for each item and
shall fill in the aggregate amount based on the quantities of each item estimated in
the schedules, with allowances to provide for possible changes to the quantities
estimated as indicated in the Contract Documents.
.2
The Bidder shall first add up the total amounts from all of the unit price schedules
as determined by the bid quantities, and shall insert the result in the place
indicated on the Tender Form Summary of Unit Price Schedules. This sum,
including all applicable taxes, shall be the "Total Tender Amount".
[AND/OR]
.1
For a Lump Sum Contract, the Bidder shall determine the amount for which he is
willing to perform all of the requirements of each schedule of the Tender
Documents. The total for each schedule shall be inserted in the place indicated on
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 7 of 18
the Tender Form Summary of Lump Sum Schedules. The total sum of these
amounts, including all applicable taxes, shall be the “Total Tender Amount”.
[AND/OR]
.1
Where a Tender calls for both lump sum and unit prices for portions of the Work,
the Bidder shall record appropriate information on each schedule. The total for
each schedule shall be inserted in the place indicated on the Tender Form
Summary of Lump Sum and Unit Price Schedules. These amounts, including all
applicable taxes, shall be the “Total Tender Amount”.
9. APPLICABLE TAXES
.1
The Bidder shall include all applicable taxes as a separate unit price item.
10. OMISSIONS AND DISCREPANCIES
.1
The Bidder shall carefully examine the Tender Documents. Any errors,
omissions, discrepancies or clauses requiring clarification shall be reported in
writing to The City at least four (4) business days prior to the Closing Time.
.2
Should a Bidder fail to report any such errors, omissions, discrepancies or clauses
requiring clarification at least four (4) business days prior to the Closing Time,
The City shall be the sole judge as to the intent of the Tender Documents.
.3
Where necessary, The City shall respond to reported errors, omissions,
discrepancies or clauses providing clarification by way of Addenda.
11. ERRORS
.1
Errors in preparing the Tender do not grant the right to alter and amend the
Tender after Tender closing, nor the right to withdraw the Tender after opening of
the first of Tenders submitted.
B. STRICT COMPLIANCE REQUIREMENTS AT TENDER SUBMISSION
12. TENDER FORM
.1
Tender Forms must be submitted according to Part A, Article 2 - Closing Date
and Submission Method, and must be signed by an authorized representative or
agent. Failure of an authorized representative or agent to sign the Tender Form, in
ink, in the space provided will be cause for rejection of the Tender.
.2
All information required on the Tender Form must be completed.
13. BID BOND
.1
The Bidder shall provide a Bid Bond (or Certified Cheque, or Letter of Credit or
Money Order) in the amount of 10% of the “Total Tender Amount”, issued under
seal by a surety company licensed as an insurer in the Province of Alberta. The
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 8 of 18
City will have the sole and final decision as to whether the supplied Bid Bond is
adequate.
.2
In no case shall the bond allow the surety to call for new Tenders upon the default
of the Bidder or failure of the Bidder to execute the Contract.
14. CONSENT OF SURETY
.1
The Bidder shall provide a Consent of Surety executed under seal by a surety
company licensed as an insurer in the Province of Alberta. The Consent of Surety
provides guarantees that, if the Contract is awarded to the Bidder, the surety
company will furnish the bonds as may be required by the Contract.
.2
In lieu of a Consent of Surety, the Bidder may choose to submit a letter from a
recognized financial institution stating that they will furnish either a Certified
Cheque or Letter of Credit in the name of The City, if the Contract is awarded to
the Bidder.
15. PROJECT RELATED SPECIAL PROVISIONS
This part shall include any other requirement related to the specific Project
without the ability to waive non-compliance if not satisfied.
Examples – may include, but are not limited to:
.1
MANDATORY SITE VISIT
.1
A mandatory visit to the project site has been arranged for Bidders as
follows:__________________________________________(time and
location).
[OR]
.1
The currently occupied premises at the project site are open for
examination by Bidders only during the following hours:
Monday through Friday ____________ to ______________. Weekends
_________ to ________.
[AND/OR]
.2
To assist Bidders in assessing subsoil conditions at the site, test hole(s)
will be dug at ___________ on _________ at ____ [A.M.] [P.M.].
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
.2
DIVISION 00
Section 00 21 13
Page 9 of 18
BIDDERS BRIEFING
.1
.2
A Bidders briefing has been scheduled for ________][A.M.] [P.M.] on the
______ day of ________, 2___ at the location of __________.
All general contract [and major subtrade] Bidders [and suppliers] are
invited.
.3
Representatives of The City and Engineer will be in attendance.
.4
Summarized minutes of this meeting will be circulated to all known
Bidders.
.5
These minutes will not form part of the Contract Documents.
.6
Information relevant to the Tender Documents will be recorded in an
Addendum and issued to known Bidders.
.3 PRETENDER MEETING AND SITE VISIT
.1
A pretender meeting will be held at __________ local time, on ________.
The meeting will be held at the ________________________________ to
help familiarize the Bidders with the work.
.2
A site visit will be scheduled as the conclusion of the pre-tender meeting to
enable Bidders to examine the work.
.4 CONSTRUCTION SCHEDULE AT SUBMISSION
.1
The Bidder shall submit a construction schedule related to the
construction phasing with the Tender. The construction schedule shall
indicate milestone dates for the completion of the major components of the
work. The City’s desired work schedule is as outlined in
Section ________.
.2
In addition, for projects identified by the City as multi-stage construction
projects, the Bidder shall submit completion dates for each stage as
indicated in Available Project Information Section 00 30 00.
.5 MANDATORY WORK SCHEDULE
.1
The Project (Work) must be completed in full compliance with the
following schedule:
.2
The following schedules must be completed in full no later than:
Schedule __
Schedule __
Schedule __
Description of work
Description of work
Description of work
Completion Date (Mandatory)
Completion Date (Mandatory)
Completion Date (Mandatory)
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 10 of 18
.6 MANDATORY COMPLETION DATE
.1
The Project (Work) must be completed no later than ________________.
.7 ORIGINAL TENDER FORM
.1
Only Tenders completed on the Original Tender Form, supplied by The
City with the Tender Documents, shall be considered.
ETC.
C. MATERIAL DISCLOSURE
This part must be completed by delegated employee or Consultant, at the direction of
delegated employee, if there are any factors known to The City that may affect the bidder’s
decision whether to bid or not and how much to bid for. Any such information must be
disclosed. The following are just suggested topics.
16. REPORTS
.1
Soil Reports
.2
Geotechnical Report
.3
Hazardous Materials (Asbestos) Report
17.
OTHER
.1
The City may consider separate holdback releases for each identified schedule in
this Tender. For further details see Available Project Information in Section
00 30 00.
.2
Incumbent
.3
Available Project Information
.
D. PROCEDURAL RULES
18. ADDENDA
.1
Any changes to the Tender shall be in writing in the form of Addenda. Any
Addenda issued to the Tender shall form part of the Tender Documents and the
cost for doing the work therein shall be included in the “Total Tender Amount”.
.2
No verbal representations shall be binding on The City or form part of the Tender
Documents.
.3
Technical inquiries into the meaning or intent of the Tender Documents must be
submitted in writing to the person identified in Part A, Article 3 - Inquiries.
.4
No Addenda shall be issued later than 2 business days prior to the closing date; if
an Addendum is required beyond 2 business days prior to the closing date, The
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 11 of 18
City shall extend the closing date by the same Addendum for a number of days
determined solely by The City.
19. FORMAL REQUEST FOR SUBSTITUTIONS
.1
Formal requests for Substitutions must be submitted in writing to The City and be
received no later than four (4) working days to the hour, prior to Tender Closing
Time, and may be considered by The City during the Tender period.
.2
Requests for Substitutions shall be accompanied by two (2) copies of
manufacturers’ literature, specifications, shop drawings and performance data,
etc., so as to fully describe the product, equipment or system. All changes
necessary to accommodate the proposed substitution shall be fully described.
.3
No substitutions for any material, equipment, product or system shall be allowed
unless the approval therefore is published in an Addendum.
20. ALTERNATIVE SUBMISSIONS
.1
Unless specifically excluded by the Tender Documents, an alternative submission
may be submitted in a separate sealed envelope and be marked “Alternative
Proposal”.
.2
The alternative submission will not be examined by The City in any way until
after the successful Bidder has been identified.
.3
If the successful Bidder has submitted an alternative submission, The City will
have the sole decision as to whether to accept the alternative submission instead
of the original tender.
21. TENDER OPENING
.1
This Tender will be opened in public at _____________local time, on
_______________ at The Professional Building, Sixth Floor, __________. The
public opening does not confirm either Tender compliance or accuracy of the
“Total Tender Amount” indicated on the Tender Form.
22. DISCLOSURE OF PRICES
.1
After Tenders have been publicly opened; The City will release to the public a
summary of the “Total Tender Amounts”.
23. ACCEPTANCE OR REJECTION
.1
The City will examine the Tenders for compliance and when irregularities are
noted The City reserves the right to accept or reject any or all Tenders.
.2
Depending on the type of irregularities noted, The City may proceed as follows:
.1
AUTOMATIC REJECTION
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
.1
.2
DIVISION 00
Section 00 21 13
Page 12 of 18
The City shall reject any Tender which either:
-
is a late Tender submission; or
-
is unsigned, illegible or obscure; or
-
reflects a manifestly unbalanced tender; or
-
has qualifying conditions; or
is non-compliant due to failure to meet Strict Compliance
Requirements identified under Part B.
ACCEPTANCE OF MINOR IRREGULARITIES AND
INFORMALITIES
.1
Non-compliant tenders will not be considered, however, The City
may accept or waive a minor and inconsequential irregularity, or
where practicable to do so, The City may, as a condition of tender
acceptance, request a Bidder to correct a minor and
inconsequential irregularity with no change in the “Total Tender
Amount”.
.2
The determination of what is or is not a minor and inconsequential
irregularity, and the determination of whether to accept, waive, or
require correction of an irregularity, and the final determination of
the validity of a tender, shall be at The City’s sole discretion.
.3
Accordingly, The City may accept or reject any or all tenders
which either:
-
has erasures or corrections not initialed by the Bidder; or
-
fails to include the information required to be included by a
Bidder in any Price Schedule or tabulation attached to the
Tender Form, or fails to include the complete information
required in such Schedule whether the same purports to be
complete or not; or
-
fails to include the information required to be included by a
Bidder in any Appendix attached to the Tender Form, or fails
to include the complete information required in such Appendix
whether the same purports to be complete or not; or
-
omits to tender on any one or more items in any Schedule
attached to the Tender Form, or fails to include any required
Schedule attached to the Tender Form; or
-
fails to comply with any requirements other than Part B - Strict
Compliance Requirements.
24. REVIEW OF UNIT PRICE TENDERS
.1
The City will perform an arithmetic check of all Tenders submitted.
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 13 of 18
.2
If The City has called for the Tenders to be made for payment on a unit price
basis, the Bidder shall be deemed to have offered to perform all of the Work set
out in the Tender Documents for the unit prices contained in the Tender Form.
.3
The City will confirm the total cost contained in the Tenders received by
multiplying such unit prices by the estimated number of units in each case.
.4
When the extension, as made by the Bidder, of any unit price indicates an
estimated total cost for that item which is not correct, The City shall assume the
error to be made in the multiplication and not in the unit price.
.5
The City, for the purpose of comparison to total price offered by the different
Tenders may, without consulting the Bidders, correct the extended prices and
“Total Tender Amount” accordingly.
25. SELECTION PROCESS
.1
By the act of submitting its Tender, the Bidder waives any right to contest in any
legal proceeding or action the right of The City to award the work to whomever it
chooses, in its sole and unfettered discretion, and for whatever reasons The City
deems appropriate.
.2
Without limiting the generality of the foregoing, when The City is to award the
Contract based on the lowest price, The City reserves the right to award the
contract to any Bidder other than the lowest Bidder if:
-
The lowest Bidder does not meet specifications materially.
-
The lowest Bidder cannot deliver in the time required.
-
The lowest Bidder is not acceptable based on past performance.
-
The lowest Bidder would result in a higher overall end cost.
OR
.2
Without limiting the generality of the foregoing, The City will consider the
following factors in the process of evaluation of the Tender:
.1
Price. (_____POINTS)
.2
Project Schedule. (_____POINTS)
.3
Capability of the Bidder or his subcontractors to perform the work.
(_____POINTS)
.4
Any past experience with the Bidder, or lack thereof. (_____POINTS)
.5
The results of a reference check done by The City. (______POINTS)
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 14 of 18
26. AWARD
.1
The award of this Tender by The City shall be made only by a notice in writing
from The City addressed to the successful Bidder at the address given in the
Tender Form; and, if the Tender Documents are so worded, the Tender may be
in whole or for any part of the project on which the Tender is made.
.2
No act of The City, other than a signed notice in writing, shall constitute an award
of a Tender. Such award shall bind the successful Bidder to execute the Contract
Documents in a manner satisfactory to The City, to furnish the bonds and
insurance material required by the Contract Documents, or to be responsible for
the liquidated damages as provided in Section 00 50 00. The other rights and
obligations contained in the provisions of the Contract Documents shall inure for
the benefit of and be binding upon the parties only with the formal execution of
the Agreement.
.3
Notwithstanding the provisions of the preceding paragraph or any other part of the
Tender Documents, The City may, after award of a Tender but before execution
of the Contract, object to any Subcontractor proposed to be employed by the
successful Bidder in the performance of the Contract. If the Contractor refuses or
neglects to nominate another Subcontractor acceptable to The City, The City may
rescind its acceptance of the Tender and return the Bid Bond (or certified cheque,
or money order) of the successful Bidder. In such event, neither The City nor the
successful Bidder shall have any rights or obligations under the Contract or in
respect of the acceptance of the Tender, and The City may award the Contract
to another Bidder.
27. TIME FOR EXECUTING CONTRACT AND DAMAGES FOR FAILURE TO
EXECUTE
.1
The Bidder who is awarded the Tender shall execute and deliver the Contract
Documents and all required bonds and insurance certificates to The City within 15
days after the Contract Documents are made available to the successful Bidder or
mailed or delivered to him, or in any case prior to commencing the Work,
whichever comes first.
.2
Failure or refusal to do so shall constitute a breach of the Agreement effected
between the parties by the acceptance of the Tender.
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
DIVISION 00
Section 00 21 13
Page 15 of 18
28. THE CITY'S RIGHTS ON FAILURE OR DEFAULT OF BIDDER
.1
If the Bidder, for any reason whatsoever, fails or defaults, in the opinion of The
City, in respect of any matter or thing which is an obligation of the Bidder on the
Terms of this Tender, The City may at its sole discretion:
.1
Consider the Bidder has either abandoned the offer made or the Contract if
the offer has been accepted, whereupon the acceptance, if any, of The City
shall be null and void and The City entitled to retain the Bid Bond
accompanying the Tender as liquidated damages; or
.2
.2
Require the Bidder to pay The City the difference between the offer made
in this Tender and any other Tender which The City accepts, if the same is
for a larger amount, and in addition, to pay to The City any cost which
The City may incur by reason of recalling the Tender;
Further, the Bidder will fully indemnify and save harmless The City, its officers,
employees, and agents from all loss, damage, liability, cost, charge and expense
whatever which it, they, or any of them may suffer, incur, or be put to by reason
of such default or failure of the Bidder.
E. GENERAL
29. TRADE AGREEMENTS
.1
This procurement is subject to the Agreement on Internal Trade (AIT), Trade
Investment and Labour Mobility Agreement (TILMA) and New West Partnership
Trade Agreement (NWPTA).
30. FOIP
.1
Any Tender submitted is subject to the Freedom of Information and Privacy Act
(FOIP).
31. INTERPRETATION
.1
“Must”, “shall” or “will” indicates a mandatory requirement. If not satisfied, The
City may, according to Part D Article 23 - Acceptance or Rejection, either
consider a Tender non-compliant and reject the Tender or waive minor noncompliance and take the Tender under consideration.
32. RESERVATION OF RIGHTS
.1
As it is the purpose of The City to obtain the Tender which offers the best value
to The City, notwithstanding anything else contained within the Tender
Documents, The City reserves the right, in its sole and unfettered discretion to
award to the Bidder who offers the best value. Furthermore, The City reserves
the right to reject or accept any Tender, including the right to reject all Tenders
without incurring any liability to any Bidder.
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
.2
DIVISION 00
Section 00 21 13
Page 16 of 18
The City reserves the right to award any or all of the Schedules at its sole
discretion.
33. BUDGET
.1
All Tenders are subject to final budget approval.
.2
If all Tenders are over the budget, but not more than 10% over the budget, The
City reserves the right, at its sole discretion, to negotiate possible cost savings
with the lowest Bidder.
34. VENDORS ACTING IN GOOD FAITH
.1
The policy of The City is to refuse to do business with parties who do not act in
good faith towards The City, whether by failing to live up to the terms of their
agreements or by entering into litigation with The City without valid justification.
35. TENDER DOCUMENTS
.1
The Tender documents supersede all communications, negotiations, agreements,
representations, and warranties either written or oral relating to the subject matter
of the Tender made prior to the closing time and no changes shall be made to the
Tender Documents except by written Addenda.
.2
No implied obligation of any kind by or on behalf of The City shall arise from
anything in the Tender Documents and only express covenants and agreements
contained in the Tender Documents shall apply.
36. DISCLOSURE OF INTEREST
.1
The Bidder and all his Subcontractors shall, as a condition of Tender award, make
full disclosure of any pecuniary interest with any Member of Council, City
Commissioners, City Directors, Department Managers, or any other City Staff, as
described in Section 170 of the Municipal Government Act. Disclosure, if any,
shall be made in writing at the time of Tender submission.
F. MANDATORY REQUIREMENTS AT CONTRACT EXECUTION
37. SAFETY CERTIFICATION PROGRAM
.1
Contracts will only be awarded to Bidders who, within seven (7) days of being
notified that their Tender was successful, have achieved accreditation/recognition
in a Safety Certification Program relevant to their industry and which is
recognized by Alberta Labour, Occupational Health and Safety, or possess a
Temporary Letter of Certification issued by Alberta Labour, Occupational Health
and Safety; and who provide documentary evidence of the same to The City.
.2
The Contractor shall ensure that all of its Subcontractors have their own Safety
Certificate or, in the case of Subcontractors who are not Safety certified, the
____________________________________________________________________________________________________________________
THE CITY OF
INSTRUCTIONS TO BIDDERS
RED DEER
.3
DIVISION 00
Section 00 21 13
Page 17 of 18
Contractor shall ensure that the subcontractor follows the Contractor’s safety
procedures at all times.
The Contractor shall be aware of and observe all requirements of the
Occupational Health and Safety Act, and the Workers Compensation Act.
.4
The Contractor shall appoint a representative to be responsible for communication
with The City, workers, and Alberta Occupational Health and Safety with respect
to health and safety issues.
.5
The Contractor shall perform the Project with the utmost regard for quality of
work and public safety and welfare taking all necessary safety precautions as
required by The City and by law.
38. INSURANCE
.1
The Bidder who is awarded the Contract shall submit evidence of insurance
coverage as outlined under Section 00 71 00 Article 38 at the time of
execution of the Contract.
39. BONDS
.1
The successful Contractor shall provide a Performance Bond, certified cheque or
Letter of Credit in the name of The City for fifty (50) percent of the Contract
Price to assure the faithful performance of the Contract.
.2
The successful Contractor shall also provide a Labour and Material Payment
Bond, certified cheque or Letter of Credit in the name of The City for fifty (50)
percent of the Contract Price, to assume faithful payment of monies to parties in
contract with the Contract.
.3
It is considered that the cost of the Bond, Certified Cheque or Letter of Credit is
included in the Tender Price.
40. OTHER
This part shall include any other requirements related to the specific Project that will
be required upon execution of the Contract.
G. PERFORMANCE REQUIREMENTS
41. DESIGNATION OF PRIME CONTRACTOR
.1
The successful Bidder shall be the Prime Contractor for the Project pursuant to
the applicable construction safety legislation and shall have primary responsibility
for the safety of all workers and equipment on the Project in accordance with
Section 3 of the Occupational Health and Safety Act of Alberta.
____________________________________________________________________________________________________________________
THE CITY OF
RED DEER
INSTRUCTIONS TO BIDDERS
DIVISION 00
Section 00 21 13
Page 18 of 18
42. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
.1
Any information collected or generated by the Contractor in the course of the
performance of the Contract, is the sole property of The City of Red Deer and it is
subject to the Freedom of Information and Protection of Privacy Act, as well as
all other regulation requirements governing the management of personal
information.
43. PERMITS AND LICENSES
.1
The Bidder who is awarded the Contract shall obtain and pay for all permits and
licenses required by the Province, Municipality and/or any other authority to
enable the Contractor to do all things necessary to perform the Contract according
to the provisions of the Contract Documents.
.2
The Contractor must have a City of Red Deer Business License prior to
commencing the work under this Contract, or a valid license in the province that
is signatory to the New West Partnership Trade Agreement.
.3
The Bidder shall also notify all Subcontractors working on the Project to obtain
and pay for all permits and licenses required either by the Province, Municipality,
or any other authority to enable the Bidder to perform the Contract.
44. SAFETY REQUIREMENTS
.1
During progress of the Work, the Contractor shall complete monthly Health and
Safety Summary Reports and submit these reports to the Engineer at the end of
each month.
.2
When the Work under the Contract has been completed, the Contractor shall
complete the Project Completion Health and Safety Report. The Owner will
provide copies of the above noted forms to the Contractor. Copies of the forms
are included in Section 00 60 00.
____________________________________________________________________________________________________________________
THE CITY OF
AVAILABLE PROJECT INFORMATION
RED DEER
TABLE OF CONTENTS
DIVISION 00
Section 00 30 00
Page 1 of 4
This Section is to be printed on
‘Blue’ paper for Tender
Documents.
Do NOT change the numbering
sequence add additional as
required.
1.1
General
1.2
Standard Specifications
1.3
Modifications to The City of Red Deer Engineering Services Contract Documents –
2013 Editions
1.4
Summary of Work
1.5
Contract Schedule
1.6
Geotechnical (Subsurface) Investigation Report
1.7
Existing Conditions
1.8
Traffic Accommodation
1.9
Contractor’s Work and Storage Area
1.10
Plastic Pavement Marking Warranty
1.11
Staged Substantial Completion
[Delete text box for final Document]
AVAILABLE PROJECT INFORMATION
THE CITY OF
RED DEER
1.1
DIVISION 00
Section 00 30 00
Page 2 of 4
GENERAL
This section includes information that is made available to bidders or contractors
1.2
STANDARD SPECIFICATIONS
.1
1.3
The standard specifications for this Contract are published in a book entitled "The
City of Red Deer, Engineering Services, Contract Specifications - 2013 Edition".
MODIFICATIONS TO THE CITY OF RED DEER ENGINEERING SERVICES
DIVISION CONTRACT DOCUMENTS – 2013 EDITION
.1
General
.1
The clauses contained in this Section have been written specifically for
this Contract. Where a conflict exists between this Section and the
Specifications contained in Divisions 01 to 34 of these Contract
Documents, the provisions of this Section will govern.
1.4
SUMMARY OF WORK
1.5
CONTRACT SCHEDULE
.1
The Bidder shall submit a schedule related to the construction phasing with
the tender. The schedule shall indicate milestone dates for the completion of
the major components of the Work
.2
Insert Schedule – for all projects indicate ‘desired’, ‘suggested’ or ‘mandatory’
completion dates. (for multi-stage construction, use the following suggested
format):
Schedule __
Schedule __
Schedule __
Schedule __
.3
Description of work
Description of work
Description of work
Description of work
Completion Date (Mandatory)
Completion Date (Desired)
Completion Date (Mandatory)
Completion Date (Desired)
This contract must be completed no later than ________________________.
THE CITY OF
AVAILABLE PROJECT INFORMATION
RED DEER
1.6
DIVISION 00
Section 00 30 00
Page 3 of 4
GEOTECHNICAL (SUBSURFACE) INVESTIGATION REPORT
.1
A detailed investigation report with respect to the project limits is titled as
follows:
________________________________________________
Dated _______________________ and prepared by:
_________________________________________________
.2
A copy of this detailed investigation report is available for viewing at the office of
the [Owner.] [Consultant.] [________.]
[OR]
.1
A copy of a detailed investigation report is included as an appendix to this
document page.
.2
The subsurface investigation report records properties of the soils, subgrade
conditions.
.3
The report is prepared primarily for the use of the Consultants.
.4
The recommendations given shall not be construed as a requirement of this
Contract unless also contained in the Contract Documents.
.5
The report, by its nature, cannot reveal all conditions that exist or can occur on the
site. Should subsurface conditions be found to vary substantially from the
investigation report, the Engineer may consider a change in work claim. These
claims will be reviewed and administered subject to Article 46 “Changes in
Work” and Article 47 “Valuation of Changes” of the General Conditions of the
Contract.
1.7
EXISTING CONDITIONS
1.8
TRAFFIC ACCOMMODATION
THE CITY OF
AVAILABLE PROJECT INFORMATION
RED DEER
1.9
CONTRACTOR’S WORK AND STORAGE AREA
1.10
PLASTIC PAVEMENT MARKING WARRANTY
1.11
DIVISION 00
Section 00 30 00
Page 4 of 4
.1
The plastic pavement marking subcontractor shall have the qualifications outlined
in Section 32 17 13, Clause 2.2. (The City of Red Deer, Engineering Services,
Contract Specifications)
.2
The plastic pavement markings will be guaranteed for a period of five years, as
outlined in Section 32 17 13, Clause 3.7. (The City of Red Deer, Engineering
Services, Contract Specifications)
.3
The successful Bidder will complete, execute, and return Section 00 60 00.17 Plastic Pavement Marking Warranty Form within 15 days from the time the
Contract Memorandum of Agreement is signed or in any case prior to
commencing the Work.
STAGED SUBSTANTIAL COMPLETION
.1
The City may consider separate holdback releases for this Work. In such case, the
City will issue staged substantial completion for each schedule of this contract.
.2
The General Conditions, Section 00 71 00 offer definitions for “Certificate of
Staged Substantial Completion”, “Staged Substantial Completion”, and “Staged
Substantial Completion Certificate”.
.3
As per Article 54.6 in the General Conditions, Section 00 71 00, The City will
issue a Staged Substantial Completion at the request of the Contractor for the
following Schedules:
Schedule __
Schedule __
Schedule __
Description of work
Description of work
Description of work
THE CITY OF
RED DEER
TENDER FORM
TABLE OF CONTENTS
SECTION 00 41 43 - TENDER FORM – UNIT PRICE CONTRACT
Article 1.1 - Offer
Article 1.2 – Cost of Work
Article 1.3 – Bonds and Taxes
Article 1.4 - Allowances
Article 1.5 - Changes
Article 1.6 - Addenda
Article 1.7 - Acceptance
DIVISION 00
Section 00 40 00
Page 1 of 1
This Section is to be
printed on ‘Yellow’
paper for Tender
Documents.
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final Document]
THE CITY OF
RED DEER
TENDER FORM
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43
Page 1 of 5
This Document is to be edited for each specific project. All articles contained in Section
00 41 43 comprise the Tender Form and will be considered mandatory and therefore must
be completed by the Bidder.
This Document will have significant legal impact on the tender process. The failure of a
bidder to complete this document in its entirety will result in a non-compliant bid. Edit all
areas in conjunction with the Owner and Engineer’s wishes on specific bidding.
Please ensure that you insert “Name of Engineer” (or Engineering Firm) into the space
identified in Article 1.1.1.
This Section is to be printed on ‘Yellow’ paper for Tender Documents.
Delete this text box when editing is complete.
TENDER FORM
UNIT PRICE CONTRACT
THE CITY OF
RED DEER
DIVISION 00
Section 00 41 43
Page 2 of 5
This Document is to be edited for each specific project.
Delete this text box when editing is complete.
Submitted By:
(Name of Bidder)
(Address of Bidder)
To:
The City of Red Deer
Professional Building
Suite 600
4808 50 Street
Red Deer, Alberta T4N 1X5
Project Name:
ARTICLE 1.1 - OFFER
.1
Having examined the Place of The Work and all matters referred to in the
Instructions to Bidders and the Contract Documents prepared by “Insert Name of
Engineer” for the above mentioned project, we, the undersigned, hereby offer to
enter into a Contract to perform the Work for the estimated amount included in
Article 1.2 - Cost of the Work.
ARTICLE 1.2 - COST OF THE WORK
.1
Our unit prices (excluding Federal Goods and Services Taxes) for the Cost of the
Work, are identified in the Unit Price Schedules attached to this Tender Form.
.2
The total as-constructed cost to complete the Work will be based on the asconstructed quantity for the noted items of work times the unit price bid.
.3
We, the undersigned, offer to perform the Work for the estimated price of:
DIVISION 00
Section 00 41 43
Page 3 of 5
TENDER FORM
UNIT PRICE CONTRACT
THE CITY OF
RED DEER
Subtotal – Tender Amount
G.S.T.
Total Tender Amount
$
$
$
Total Tender Amount in Words (in Canadian Currency):
G.S.T. REGISTRATION NUMBER _____________________________________
ARTICLE 1.3 - BONDS AND TAXES
.1
We have included herewith, the required security as noted in the Instruction to
Bidders, Articles 13 and 14.
.2
Taxes:
.1
Applicable federal taxes are included in the Tender Amount.
ARTICLE 1.4 - ALLOWANCES
.1
Contingency allowances described in the General Conditions are included in the
Tender Amount.
ARTICLE 1.5 - CHANGES
.1
The method for establishing the valuation for Changes in the Work is included in
the General Conditions.
ARTICLE 1.6 - ADDENDA
.1
The following Addenda have been received. The modifications to the Contract
Documents noted therein have been considered and all costs thereto are included
in the Tender Amount.
.1
Addendum # _____ Dated ___________________.
.2
Addendum # _____ Dated ___________________.
TENDER FORM
UNIT PRICE CONTRACT
THE CITY OF
RED DEER
.3
Addendum # _____ Dated ___________________.
.4
Addendum # _____ Dated ___________________.
.5
Addendum # _____ Dated ___________________.
DIVISION 00
Section 00 41 43
Page 4 of 5
ARTICLE 1.7 - ACCEPTANCE
.1
Refer to Section 00 21 13 - Instructions to Bidders for Conditions of acceptance.
.2
This offer shall be open to acceptance and is irrevocable for sixty (60) days from
the Tender closing date.
.3
If this Tender is accepted by the Owner within the time period stated above, we
will:
.1
Execute the 'Agreement' within fifteen days of receipt of the form of
execution.
.2
Furnish the required bonds within fifteen days of receipt of the
Agreement.
.3
Commence work within ________ days after written “Notice to Proceed”
has been issued by the Owner.
.4
Complete the Work in ___ calendar weeks from notification of acceptance
of this Tender.
.4
If this Tender is accepted within the time stated herein, and we fail to commence
the Work or we fail to provide the required Bond(s), the Bid Bond shall be
forfeited as damages to the Owner by reason of our failure, limited in amount to
the lesser of the face value of the deposit or the difference between this Bid and
the Bid for which the Contract is signed.
.5
In the event our Tender is not accepted within the time stated above, the required
security deposit shall be returned to the undersigned, in accordance with the
provisions in the Instructions to Bidders; unless a mutually satisfactory
arrangement is made for its retention and validity for an extended period of time.
THE CITY OF
RED DEER
TENDER FORM
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43
Page 5 of 5
EXECUTED at ____________________ in the Province of Alberta this _______________ day
of ______________________ , A.D.
Yours truly,
____________________________________
(Signature of Bidder's Signing Officer)
____________________________________
(Capacity of Signing Officer)
Mailing address of Bidder:
____________________________________
(Street)
_____________________________________
(City, Province, Postal Code)
______________________________________
(Phone)
(Fax)
If this Bid is a joint venture or partnership, add additional forms of execution for each member of
the joint venture on the appropriate form or forms, as above.
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
TABLE OF CONTENTS
DIVISION 00
Section 00 41 43.00
Page 1 of 1
When included in the Tender documents the following Schedules and Appendices are
required to be completed and attached to the Tender Form.
This Section is to be
printed on ‘Green’ paper
for Tender Documents.
Section 00 41 43.01
Summary of Unit Price Schedule
Section 00 41 43.02
Unit Price Schedules
- Schedule A
- Schedule B
- Schedule C
Section 00 41 43.03
Tender Information Appendices
- Appendix A Contract Documents
- Appendix B Subcontractors
- Appendix C List of Suppliers
- Appendix D Force Account Labour Rates
- Appendix E Equipment & Force Account Equipment Rates
- Appendix F Supervisory Personnel
- Appendix G Work Experience
- Appendix H References
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THE CITY OF
RED DEER
DIVISION 00
Section 00 41 43.01
Page 1 of 2
SCHEDULES AND APPENDICES
SUMMARY OF UNIT PRICE SCHEDULES
PROJECT: “PROJECT NAME”
Schedule A: __________________
Subtotals – Tender
Amounts
Item of Work
Part A1:
Part A2:
Part A3:
Subtotal
Contingency
Schedule A - Total
Schedule B: __________________
$
$
$
$
$
$
Subtotals - Tender
Amounts
Item of Work
Part B1:
Part B2:
Part B3:
Subtotal
Contingency
Schedule B - Total
Schedule C: __________________
$
$
$
$
$
$
Subtotals – Tender
Amounts
Item of Work
Part C1:
Part C2:
Part C3:
Subtotal
Contingency
Schedule C - Total
Summary of Costs
Schedule A
Schedule B
Schedule C
Subtotal – Tender Amount
G.S.T.
Total Tender Amount
(Total Tender Amount in Words)
$
$
$
$
$
$
$
$
$
$
$
$
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
SUMMARY OF UNIT PRICE SCHEDULES
DIVISION 00
Section 00 41 43.01
Page 2 of 2
Notes:
1.
Payment of the Contract Contingency sum(s) or portion thereof will only be made in the
event that the Owner has authorized additional work in writing; in which case the amount
of the payment will be determined as specified in the General Conditions. Any unused
portion thereof will be retained by the Owner.
2.
Any items which are "zero rated" with respect to G.S.T., must be identified by the Bidder
using an asterisk (*) next to the item number in the Unit Price Schedule(s). These items
may be excluded from the Tender Subtotal to determine the Taxable Amount in the
G.S.T. calculation.
3.
Any amount to be levied in respect of the G.S.T. shall be billed as a separate item on any
request for payment.
Worker's Compensation Board Registration Number
The following is our firm's Worker's compensation Board Number
.
THE CITY OF
RED DEER
DIVISION 00
Section 00 41 43.02
Page 1 of 1
SCHEDULES AND APPENDICES
UNIT PRICE SCHEDULE A
PROJECT: “PROJECT NAME”
Schedule A: __________________
Section
Item of Work
Number
Part A1: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part A1: _________________
Subtotal Part A1:
Section
Item
Item of Work
Number
Part A2: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part A2: _________________
Subtotal Part A2:
Section
Item
Item of Work
Number
Part A3: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part A3: _________________
Subtotal Part A3:
Schedule A – Total
Item
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Unit
Price
$
$
$
$
$
$
$
Total
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Unit
Price
$
$
$
$
$
$
$
Note: _________** - Bidder to insert material type in space provided.
Total
$
$
$
$
$
$
$
$
$
THE CITY OF
RED DEER
DIVISION 00
Section 00 41 43.02
Page 1 of 1
SCHEDULES AND APPENDICES
UNIT PRICE SCHEDULE B
PROJECT: “PROJECT NAME”
Schedule B: __________________
Section
Item of Work
Number
Part B1: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part B1: _________________
Subtotal Part B1:
Section
Item
Item of Work
Number
Part B2: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part B2: _________________
Subtotal Part B2:
Section
Item
Item of Work
Number
Part B3: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part B3: _________________
Subtotal Part B3:
Schedule B – Total
Item
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
Note: _________** - Bidder to insert material type in space provided.
$
$
$
$
$
$
$
$
$
THE CITY OF
RED DEER
DIVISION 00
Section 00 41 43.02
Page 1 of 1
SCHEDULES AND APPENDICES
UNIT PRICE SCHEDULE C
PROJECT: “PROJECT NAME”
Schedule C: __________________
Section
Item of Work
Number
Part B1: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part C1: _________________
Subtotal Part C1:
Section
Item
Item of Work
Number
Part C2: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part C2: _________________
Subtotal Part B2:
Section
Item
Item of Work
Number
Part C3: _________________
1.00.00
2.00.00
3.00.00
4.00.00
5.00.00
6.00.00
Part C3: _________________
Subtotal Part C3:
Schedule C – Total
Item
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Estimated
Quantity
Unit
Price
Unit
Total
$
$
$
$
$
$
$
Note: _________** - Bidder to insert material type in space provided.
$
$
$
$
$
$
$
$
$
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 1 of 9
This Document is to be edited for each specific project. All Appendices if/when included in
the Tender Package are governed under the Section D Procedural Rules of the Instructions
to Bidders and may impact acceptance or rejection of the Tender.
This Document provides a typical listing of all appendices required on most bids. If
specific appendices are not required for a bid package, either remove them from the
document or clearly mark the appendix ‘Not Required’ – Section 00 41 43.00 of the
Schedule and Appendices Table of Contents should be changed accordingly.
This Document will have significant legal impact on the bid process. The failure of a
bidder to complete this document in its entirety may result in a non-compliant bid. Edit all
areas in conjunction with the Owner and Engineer’s wishes on specific bidding.
Delete this text box when editing is complete.
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 2 of 9
APPENDIX A - CONTRACT DOCUMENTS
The following is the list of Contract Documents referred to in the Tender Form submitted by:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
The list of Contract Documents include the following:
.1
Documents and Specifications cited in the Section 00 01 10 - Table of Contents at the
beginning of this document.
.2
Drawings cited in the Section 00 01 15 – Drawing List at the beginning of this document.
.3
Drawings List cited at or near the beginning of the package of drawings.
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 3 of 9
APPENDIX B - SUBCONTRACTORS:
The following is the list of Subcontractors submitted by:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
The following work will be performed (or provided) by Subcontractors and coordinated by us.
No other Subcontractors will be employed without the written approval of the Engineer, to a
request made in writing by the Contractor.
Subcontractor’s Name
Portion of the Work
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 4 of 9
APPENDIX C – LIST OF SUPPLIERS:
The following is the list of Suppliers submitted by:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
The following suppliers will be used to supply material to be incorporated in the Work. No other
Suppliers will be used without the written approval of the Engineer, to a request made in writing
by the Contractor.
Supplier’s Name
Product Name
Item
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 5 of 9
APPENDIX D – FORCE ACCOUNT LABOUR RATES:
The following is the list of Force Account Labour Rates submitted by:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
The following labour rates will be used for force account work by the Contractor and
Subcontractors. The following rates include Worker’s Compensation, Unemployment Insurance,
holiday pay, room and board, overhead and profit. Normal Labour rates will apply to all force
account work performed in a normal eight hour day. The overtime rate will be used after the
normal eight hour day has been worked.
Position
Normal Rate/hour
Overtime Rate/hour
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 6 of 9
APPENDIX E – EQUIPMENT AND FORCE ACCOUNT EQUIPMENT RATES:
The following is the list of Equipment that we propose to use and the applicable Force Account
Equipment Rates submitted by:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
The following equipment and equipment rental rates will be used for force account work by the
Contractor and Subcontractors. The following rates include overhead, profit, operator’s wages,
fuel, oil, repairs, servicing and all other incidentals.
Description of Unit
Model and Size
Rate/hour
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 7 of 9
APPENDIX F – SUPERVISORY PERSONNEL:
The following is the list of the supervisory personnel who will be employed on this project. No
other supervisory personnel will be used without the written approval of the Engineer, to a
request made in writing by the Contractor.
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
Name
Position
Experience
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 8 of 9
APPENDIX G – WORK EXPERIENCE:
The following is the list of Our experience on work similar to The Work in this Project:
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
Name of Project
Year
Project
Construction
Cost
Name of Consulting Firm
and Engineer
THE CITY OF
RED DEER
SCHEDULES AND APPENDICES
UNIT PRICE CONTRACT
DIVISION 00
Section 00 41 43.03
Page 9 of 9
APPENDIX H – REFERENCES:
The following is the list of References that may be contacted. By listing these references the
Bidder grants the Owner permission/authority to contact them for information relative to their
business operations.
Bidder:
Owner:
The City of Red Deer
Dated ______________ to which this Appendix is an integral part of the Tender
Package.
REFERENCE #1
Company Name
Contact Information
REFERENCE #2
Company Name
Contact Information
REFERENCE #3
Company Name
Contact Information
THE CITY OF
RED DEER
TENDER ADDENDA FORM
This Section includes the following changes to the Contract during the Tender Period:
Addendum Number
Addendum Number
Addendum Number
Division 00
Section 00 41 43.04
Page 1 of 2
THE CITY OF
RED DEER
TENDER ADDENDA FORM
Division 00
Section 00 41 43.04
Page 2 of 2
Addendum Number
Date
Contract
This Addendum is issued prior to the Tender Closing to provide for certain revisions to the Tender
Documents as noted herein. All such revisions will become part of the Contract and the effects
shall be included in the Tender Price. All Work shall be performed in accordance with the Contract
Specifications and Drawings.
AGREEMENT FORM
THE CITY OF
RED DEER
DIVISION 00
Section 00 50 00
Page 1 of 5
THIS AGREEMENT made in triplicate on this ___________day of ______________A.D.
BETWEEN
_____________________________________________
(hereinafter called "the Contractor")
OF THE FIRST PART
-andTHE CITY OF RED DEER,
A MUNICIPAL CORPORATION OF THE PROVINCE OF ALBERTA
(hereinafter called "the Owner")
OF THE SECOND PART
IN CONSIDERATION of the acceptance of the Owner of the offer of the parties hereto THIS
AGREEMENT WITNESSETH THAT THE PARTIES HERETO COVENANT AND AGREE
AS FOLLOWS:
ARTICLE 1: WORK BY CONTRACTOR
1.1
The Contractor shall:
.1
Provide all necessary material, labour, supervision and equipment and
perform all work and fulfil everything as set forth and in strict accordance
with the Contract Documents and Addenda No. ___ for the project titled
“_________________________________________________________”,
which has been prepared by “Name of Consulting Firm”, acting as and
hereby titled the Engineer; and
.2
Commence the performance of the Contract _____ days after Notice to
Proceed from the Owner, unless otherwise agreed to by the Engineer, and
shall diligently and continuously proceed with the performance thereof so
as to complete the Contract to the satisfaction of the engineer by the
following date(s):
.1
Schedule A Completion Date ______________________________
.2
Schedule B Completion Date ______________________________
.3
Schedule C Completion Date
THE CITY OF
AGREEMENT FORM
RED DEER
DIVISION 00
Section 00 50 00
Page 2 of 5
1.2
Time is to be of the essence in this Contract and the completion date(s) set out in
this Agreement, Article 1.1, shall be strictly enforced. The Contractor shall pay to
the Owner as estimated liquidated damages and not as a penalty, the sum of
$2,500.00 dollars for each day that any portion of the Work remains incomplete
after the completion date applicable to it, the sum being a fair estimate of the
actual damages the Owner will incur if the Work is not completed by the said
completion date. The Owner may, at its sole discretion; set said liquidated
damages off against any amounts owing by it to the Contractor.
1.3
If this Contract is extended to cover additional Work to that shown herein, the
Contractor shall extend its present Contract Performance Bond and Labour and
Materials Payment Bond or provide new ones in an amount as specified in the
Supplementary General Conditions.
ARTICLE 2: PAYMENT BY OWNER
2.1
The Owner will, subject to the applicable legislation and the provisions of the
Contract Documents in the manner and at the times stipulated in the General
Conditions, provide payment to the Contractor for the performance and fulfilment
of this Contract, at the unit rates set out in the appropriate schedules in the Tender
Form and estimated in the aggregate to be:
($ ______________) __________________________________________ Dollars
2.2
If a Certificate of Payment has been delivered to the Owner in sufficient time (at
least 10 days) for the same to be checked and approved, the Owner shall pay to
the Contractor on or before the last day of each calendar month the value of the
labour and materials which have been incorporated in the Work at the end of the
previous calendar month as estimated by the Contractor and approved by the
Engineer less 10% of such payment and less the aggregate of previous payments.
The Owner may request confirmation that all Subcontractors and suppliers of
materials have been paid prior to processing a payment certificate.
2.3
If there have been no liens arising out of the performance of the Contract
registered against any of the Owner's property and the Contractor has met all the
conditions of Article 51 Certificates and Payments of the General Conditions, the
Owner shall, 46 days after the issuance of a Construction Completion Certificate,
pay to the Contractor the balance due under the Contract. Before making such
final payment, the Owner may require a Statutory Declaration or undertaking
from the Contract that no such liens exist. If any such liens are registered, the
Owner shall require the Contractor to have them removed prior to making final
payment to the Contractor, or the Owner may take such steps necessary to have
every such lien removed and deduct all expenses attended thereto from the
balance owing to the Contractor.
AGREEMENT FORM
THE CITY OF
RED DEER
DIVISION 00
Section 00 50 00
Page 3 of 5
ARTICLE 3: DOCUMENTS CONSTITUTING THE CONTRACT
3.1
The following documents and drawings (herein collectively called "the Contract
Documents") constitute and contain the terms of the Agreement between the
parties hereto (herein and in the other Contract Documents sometimes referred to
as "the Contract") for the performance of the project for which Bids were called
by the Notice to Bidders:
.1
Procurement Requirements (Part One)
.1
.2
.3
.4
.5
.6
.7
.8
.9
.10
.11
.12
.2
Specifications Group (Part Two)
.1
.2
.3
3.2
Certifications and Seals Page
Table of Contents
List of Drawings
Invitation to Tender
Instructions to Bidders
Available Project Information
Tender Form
Schedules and Appendices
Tender Addenda Form
Agreement Form
General Conditions
Supplementary General Conditions
General Requirements
Detailed Specifications
Specification Drawings
The Contract Documents are complementary and the provisions of each of them
are incorporated in this Contract. Terms, which are defined in Section 00 71 00 –
Article 1 - Definitions, shall be deemed to have the same meaning in each of the
other Contract Documents unless otherwise defined therein unless the context
otherwise requires. Conflicts between any of the Contract Documents shall be
resolved as provided in the General Conditions.
ARTICLE 4: RIGHTS AND REMEDIES
4.1
No implied contract of any kind whatsoever, by or on behalf of the Owner, shall
arise or be implied from anything contained in this Contract or from any position
or situation of the parties at any time, it being understood and agreed that the
express contracts, covenants, and agreements contained herein and made by the
parties hereto are and shall be the only contracts, covenants and agreements on
which any rights against the Owner may be founded.
AGREEMENT FORM
THE CITY OF
RED DEER
4.2
DIVISION 00
Section 00 50 00
Page 4 of 5
Subject to Article 3, this Agreement shall supersede all communications,
negotiations, and agreements, either written or verbal, made between the parties
hereto in respect of matters pertaining to this Agreement prior to the execution
and delivery thereof.
ARTICLE 5: SUCCESSION
5.1
The Contractor and the Owner, their administrators, successors, and assignees
hereby undertake and agree to the full performance of their respective obligations
under the Contract, and further undertake and agree that the provisions of the
Contract, unless it is otherwise agreed between said parties, shall, mutatis
mutandis, apply to any extension of the Contract.
ARTICLE 6: RECEIPT OF AND ADDRESSES FOR NOTICES
6.1
Communications in writing between the Contractor and the Engineer shall be
deemed to have been received by the addressee on the date of delivery, if
delivered by hand to the individual or to a member of the firm or to an officer of
the corporation for whom they are intended and if sent by mail, facsimile or
similar means, shall be deemed to have been delivered within five working days
of the date of posting when addressed as follows:
The Engineer at:
The City of Red Deer
Engineering Services Department
Box 5008
4914 - 48 Avenue
Red Deer, AB T4N 3T4
Phone (403) 342-8158; Fax (403) 342-8211
The Consultant at:
The Contractor at:
DIVISION 00
Section 00 50 00
Page 5 of 5
AGREEMENT FORM
THE CITY OF
RED DEER
6.2
Provided that if there shall be, at the time of mailing or between the time of
mailing and the actual receipt thereof; a mail strike, slowdown, or other labour
dispute which might affect delivery by the mail, then such notice, payment, or
other communication shall be effective only if actually delivered, sent by
facsimile or similar means.
IN WITNESS WHEREOF the parties hereto have caused to be hereto affixed the respective seals
attested by the signatures of their respective duly authorized signing officers, as of the day and
year first above written.
In the absence of a corporate seal, the attached “Affidavit Verifying Corporate Signing
Authority” and “Affidavit Verifying Execution” form as shown in Section 00 60 00, shall be
completed in full.
THE CITY OF RED DEER
Signature & Capacity of Authorized
City Official
(City Seal)
CONTRACTOR
Signature & Capacity of Contractor's
Signing Officer
(Corporate Seal)
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00
Page 1 of 1
This Section contains samples of the following Bonds, Certificates, Notices and other Contract
Forms.
00 60 00.01
Bid Bond
00 60 00.02
Consent of Surety
00 60 00.03
Performance Bond
00 60 00.04
Labour and Materials Payment Bond
00 60 00.05
Maintenance Bond
00 60 00.06
Certificate of Insurance
00 60 00.07
Irrevocable Standby Letter of Credit
00 60 00.08
Statutory Declaration of Progress Payment Distribution by Contractor
00 60 00.09
Seasonal Completion Certificate
00 60 00.10
Substantial Completion Certificate
00 60 00.11
Construction Completion Certificate
00 60 00.12
Final Acceptance Certificate
00 60 00.13
Safety Notice
00 60 00.14
Monthly Health and Safety Summary
00 60 00.15
Project Completion Health and Safety Review
00 60 00.16
Contractor’s Daily Progress Report
00 60 00.17
Plastic Pavement Marking Warranty
00 60 00.18
Site Material Field Testing Report
00 60 00.19
Change Order
00 60 00.20
Affidavit Verifying Signing Authority
00 60 00.20
Affidavit For Execution
THE CITY OF
PROJECT FORMS
RED DEER
DIVISION 00
Section 00 60 00.01
Page 1 of 1
SAMPLE BID BOND
Policy No. ______________________________
$ _______________________________________________
KNOW ALL MEN BY THESE PRESENTS THAT __________________________________________________
as Principal, hereinafter called the Principal, and _____________________________________________________
a corporation created and existing under the laws of Alberta and duly authorized to transact the business of
Suretyship in Alberta as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Red Deer,
as
Obligee
hereinafter
called
the
Obligee,
in
the
amount
of
________________________________________________ Dollars ($______________) lawful money of Canada,
for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs,
executors, administrators, successors, and assigned, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a written Tender to the Obligee, dated the ________ day of
_________________ A.D. ______, for
________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_________________________________________________________________________________________
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall have
the Tender accepted within 60 days from the closing date of Tender and the said Principal will, within the time
required, enter into a formal Contract and give the specified security to secure the performance of the terms and
conditions of the Contract, then his obligation shall be null and void; otherwise the Principal and the Surety will pay
unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for
which the Obligee legally contracts with another party to perform the Work if the latter amount be in excess of the
former.
The Principal and the Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of six months from the date of this Bond.
IN WITNESS WHEREOF, the Principal and the Surety have signed and sealed this Bond this ___________ day of
_________________ A.D. _______.
SIGNED AND SEALED
In the presence of
_________________________________________________(Seal)
Principal
_________________________________________________(Seal)
Surety
THE CITY OF
PROJECT FORMS
RED DEER
DIVISION 00
Section 00 60 00.02
Page 1 of 1
SAMPLE CONSENT OF SURETY
Should it be required, we, the undersigned Surety Company, do hereby consent and agree to become bound as
sureties in both a Contract Performance Bond and a Labour and Materials Payment Bond, each for the amount of
____________________________________ Canadian Dollars (50% of the Contract amount) for the fulfilment of
the Contract for the Works named in the annexed specifications, which may be awarded to
____________________________________________________________________________________________
____________________________________________________________________________________________
at the prices set forth in the attached Tender, which Bonds we understand are to be filed with the Owner within 15
days of the awarding of the Contract.
We hereby further declare that our Company is legally entitled to do business in the Province of Alberta and has its
business address in Alberta and/or we have a representative agent with an address in the Province of Alberta.
We further state that our Company is worth over and above our present liabilities the amount herein set forth.
__________________________________________________
Name of Surety Company
Per: ______________________________________________
Per: ______________________________________________
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.03
Page 1 of 2
SAMPLE PERFORMANCE BOND
Policy No. _________________________
$ ________________________________________________
KNOW ALL MEN BY THESE PRESENTS THAT __________________________________________________
______________________________________________________ as principal, hereinafter __________________
called "the Principal", and _____________________________________________________ a corporation created
and existing under the laws of The Province of Alberta and duly authorized to transact the business of Suretyship in
the Province of Alberta as Surety, hereinafter called "the Surety", are held and firmly bound unto The City of Red
Deer, as Obligee, hereinafter called "the Obligee", in the amount of ___________ Dollars ($ _____________ )
lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind
themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a written contract with the Obligee, dated the ___ day of _____________
__________________________________ A.D. ___________________________________________________ for
_____________________________________________________________________________________________
___________________________________________________________________________________________
in accordance with the Contract Documents submitted, therefore, which are by reference made part hereof and are
hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly and
faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee
having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
1.
complete the Contract in accordance with its terms and conditions; or
2.
obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms
and conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder,
arrange for a Contract between such bidder and the Obligee and make available as work progresses (even
though there should be a default, or a succession of defaults, under the Contract or Contracts of completion,
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price", as
used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the
Contract, less the amount properly paid by the Obligee to the Principal.
Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment
under the Contract falls due.
The Surety shall not be liable for a greater sum that the specified penalty of this Bond.
No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee
named herein, or the heirs, executors, administrators, or successors of the Obligee.
THE CITY OF
PROJECT FORMS
RED DEER
DIVISION 00
Section 00 60 00.03
Page 2 of 2
IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond this_____________day
of ______________ A.D.
.
SIGNED and SEALED
In the presence of
(
(
(
(____________________________________(Seal)
Principal
(
(
(
(____________________________________(Seal)
Surety
THE CITY OF
PROJECT FORMS
RED DEER
DIVISION 00
Section 00 60 00.04
Page 1 of 2
SAMPLE LABOUR AND MATERIALS PAYMENT BOND
Policy No. ___________________________
$ _________________________________________
Note: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned for the full and
faithful performance of this Contract.
KNOW ALL MEN BY THESE PRESENTS THAT ___________________________________________________
as Principal, hereinafter called “the Principal”, and ____________________________________________________
a corporation created and existing under the laws of the Province of Alberta and duly authorized to transact the
business of Suretyship in the Province of Alberta as Surety, hereinafter called “the Surety” are, subject to the
conditions hereinafter contained, held and firmly bound unto The City of Red Deer, as Trustee, hereinafter called
“the Obligee”, for the use and benefit of the Claimants, their and each of their heirs, executors, administrators,
successors and assigns, in the amount of ___________________________ Dollars ($_________________) of
lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind
themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a written contract with the Obligee, dated the ____________day of
______________ A.D. ________________, for ______________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
which Contract Documents are by reference made a part hereof, and are hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment
to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1.
A Claimant for the purpose of this Bond is defined as one having a direct Contract with the Principal for
labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone
service, or rental equipment directly applicable to the Contract; provided that a person, firm, or corporation
who rents equipment to the Principal to be used in the performance of the Contract under a Contract which
provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a
Claimant to the extent of the prevailing industrial rental value of such equipment for the period during
which the equipment was used in the performance of the Contract. The prevailing industrial rental value of
equipment shall be determined, insofar as it is practical to do so, in accordance with and in the manner
provided for in the latest revised edition of the publication of the Canadian Construction Association titled
"Rental Rates on Construction Equipment", published prior to the period during which the equipment was
used in the performance of the Contract.
2.
The Principal and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every
Claimant who has not been paid as provided for under the terms of his Contract with the Principal, before
the expiration of a period of 90 days after the date on which the last of such Claimant's work or labour was
done or performed or material were furnished by such Claimant, may as a beneficiary of the trust herein
provided for, sue on this Bond, prosecute the suit to final judgement for such sum or sums as may be justly
due to such Claimant under the terms of his Contract with the Principal and have execution thereon.
Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on
behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action, or
proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such
proceeding, then such act, action, or proceeding, shall be taken on the understanding and basis that the
Claimants, or any of them, who take such act, action, or proceeding shall indemnify and save harmless the
Obligee against all costs, charges and expenses, or liabilities incurred thereon and any loss or damage
resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.04
Page 2 of 2
conditions, the Claimants, or any of them, may use the name of the Obligee to sue on and enforce the
provisions of this Bond.
3.
No suit or action shall be commenced hereunder by any Claimant
.1
Unless such Claimant shall have given written notice within the time limits hereinafter set forth to
each of the Principal, the Surety, and the Obligee, stating with substantial accuracy the amount
claimed. Such notice shall be served by mailing the same by registered mail to the Principal, the
Surety, and the Obligee at any place where an office is regularly maintained for the transaction of
business by such persons or served in any manner in which legal process may be served in the
Province or other part of Canada in which the subject matter of the Contract is located. Such
notice shall be given
.1
In respect of any claim for the amount or any portion thereof, required to be held back
from the Claimant by the Principal, under either the terms of the Claimant's Contract with
the Principal or under the Mechanics' Liens Legislation applicable to the Claimant's
Contract with the Principal, whichever is the greater, within 120 days after such Claimant
should have been paid in full under the Claimant's Contract with the Principal;
.2
In respect of any claim other than for the holdback, or portion thereof, referred to above,
within 120 days after the date upon which such Claimant did, or performed the last of the
work or labour or furnished the last of the materials for which such claim is made under
the Claimant's contract with the Principal.
.2
After the expiration of one year following the date on which the Principal ceased work on the
Contract, including work performed under the guarantees provided in the Contract;
.3
Other than in a Court of competent jurisdiction in the Province of Alberta, Canada, and the parties
hereto agree to submit to the jurisdiction of such Court.
4.
Any material change in the Contract between the principal and the Obligee shall not prejudice the rights or
interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such
change.
5.
The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good
faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics'
Liens which may be filed of record against the subject matter of the Contract, whether or not claim for the
amount of such Lien be presented under and against this Bond.
6.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
IN WITNESS WHEREOF, the Principal and the Surety have signed and Sealed this Bond this______________day
of ____________________ A.D. ________________.
SIGNED and SEALED
In the presence of
(
(
( ____________________________________(Seal)
Principal
(
(
( ____________________________________(Seal)
Surety
THE CITY OF
PROJECT FORMS
RED DEER
DIVISION 00
Section 00 60 00.05
Page 1 of 2
SAMPLE MAINTENANCE BOND
AMOUNT: $
BOND NUMBER:
KNOW ALL MEN BY THESE PRESENTS, that
as Principal, hereinafter called “the Principal”, and
as Surety, hereinafter called “the Surety”, are held and firmly bound unto
as Obligee, hereinafter called “the Obligee”, in the full and just sum of
dollars, ($
) lawful money of Canada,
to the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally, firmly by these presents.
WHEREAS the Principal entered into a certain written contract with the Obligee, dated the
day of
A. D. _______, for
AND WHEREAS, it is a term of the Contract, that the Principal shall maintain and repair the said work for a period
of
years from the date of the completion and acceptance thereof, which date was the
day of
A.D.
.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall faithfully
maintain, repair, and keep in repair the said work in accordance with the Contract, and according to the terms,
covenants, and conditions thereof, for a period of
years, from the date of completion and acceptance
thereof, then this obligation shall be void; otherwise to remain in full force and effect in law.
PROVIDED, HOWEVER,
a.
That in the event of any default on the part of the Principal, a written statement of the particular facts,
showing such default and the date thereof shall be delivered to the Surety by registered mail at its office in
the City of Red Deer promptly and in any event within 10 days after the Obligee or its representative or the
Engineer, if any, shall learn of such default; that the Surety shall have the right within 30 days after the
receipt of such statement to proceed or procure others to proceed with the performance of such
maintenance contract.
b.
That in no event shall the Surety be liable for any maintenance or repair of work damaged or destroyed by
an act of God, or the public enemies, or mobs, or riots, or civil commotion; nor in any event shall the
Surety be subject to any suit, action or other proceeding upon this Bond that is instituted later than
.
c.
That no right of action shall accrue on this Bond, to or for the use of, any person or corporation other than
the Obligee named herein, or the heirs, executors, administrators, or successors of the Obligee.
AND PROVIDED FURTHER THAT the Surety shall not be liable under any other bond issued with respect to the
said Contract or extensions as above set forth nor shall the Surety be liable for a greater sum than the specified
penalty of this Bond.
DIVISION 00
Section 00 60 00.05
Page 2 of 2
PROJECT FORMS
THE CITY OF
RED DEER
IN WITNESS WHEREOF, the Principal and the Surety have signed and sealed this Bond this
day of
A.D.
.
SIGNED and SEALED
In the presence of
(
(
(
(
(Seal)
Principal
(
(
(
(
(Seal)
Surety
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.06
Page 1 of 1
PROJECT FORMS
CERTIFICATE OF INSURANCE
PROJECT BASED ONLY
Name of Insurance Broker
Address
Certificate of Insurance No.
Name and Address of
Certificate Holder
Name and Address of
Insured
Re:
Confirmation of Insurance - “Name of Project”
This is to certify that the insurance policies listed below have been arranged for the insured named above.
Notwithstanding any requirement, term, or condition of any Contract or other document with respect to which this
Certificate may be issued or may pertain, the insurance is subject to all the terms, exclusions, and conditions
contained in the policies.
INSURANCE COMPANY AND
POLICY NUMBER
EFFECTIVE
DATE
M/D/Y
Commercial / General
Liability
EXPIRY
DATE
M/D/Y
LIMITS OF LIABILITY
Minimum $2,000,000
/ per occurrence and
$5,000,000 Aggregate
Minimum $2,000,000
/ per occurrence
Automobile Liability
Excess/Umbrella Liability
Minimum $2,000,000
/ per occurrence
If so indicated above:
(1)
The policy is endorsed to provide that 30 days prior written notice of cancellation or material change will be
mailed to the Certificate Holder.
(2)
The Certificate Holder is added as additional insured to the noted policies, but only arising out of the
Named Insured’s operation. Policy Limits are not increased by such additions.
This certificate of insurance is issued at the request and for the benefit of the insured and the Certificate Holder.
“Name of Broker” shall have no liability to any other party who places any reliance hereon.
Broker’s Name
Signed by Broker Authorized to Sign for Insurers
Date
DIVISION 00
PROJECT FORMS
THE CITY OF
RED DEER
Section 00 60 00.07
Page 1 of 1
SAMPLE IRREVOCABLE STANDBY LETTER OF CREDIT
Name and Address of Financial Institution
Irrevocable Standby Letter of Credit
Name and Address of Applicant
Document Identification Number
Beneficiary:
The City of Red Deer
4914 - 48 Avenue
Box 5008
Red Deer, Alberta, Canada T4N 3T4
Date of Issue: ________________________
Amount: $________________________________CAD
Maximum “Amount in words”
Canadian dollars_______________________________
_____________________________________________
_____________________________________________
We hereby authorize you to draw on “Name and Address of Financial Institution” for the account of the Applicant
up to an aggregate of the amount mentioned above.
Pursuant to the request of the Applicant, we “Name of Financial Institution” hereby establish and give you an
Irrevocable Standby 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 inquiring whether you have the right as between yourself and the Applicant to make such demand and
without recognizing any claim of the Applicant, or objection by it to payment by us.
The amount of this Letter of Credit may be reduced from time to time as advised in writing to the undersigned from
time to time by the Beneficiary.
We understand that this Letter of Credit relates to work and contractual obligations set out in the Contract Document
between the Applicant and The City of Red Deer.
The amount of this Letter of Credit will continue in force up to “Date one year after Date of Issue”, but shall be
subject to the condition hereinafter set forth.
It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year from the present or any future expiration date hereof, unless 30 days prior to the present or future
expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be
renewable for any additional period.
This Irrevocable Standby Letter of Credit is not transferable or assignable
Except so far as is expressly stated herein, this credit is subject to the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce, Paris, Publication No. 500 (Latest Revision) and
engages us in accordance with the terms thereof.
___________________________________________________
Signed by Authorized Representative(s) of Financial Institution
DIVISION 00
Section 00 60 00.08
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
SAMPLE STATUTORY DECLARATION OF PROGRESS
PAYMENT DISTRIBUTION BY A CONTRACTOR
To be made by the Contractor prior to payment when required as a condition for either:
The second and subsequent progress payments; or
The release of holdback.
Name of Contract (Location and Description of the Work as it appears in the Contract
Date of Contract
Day
Month
Year
Name of Owner
Name of Contractor
Name of Declarent
Position or Title
The last application for progress payment for which the Declarent has received payment is
No.
dated the
Day of
in the Year
.
I DO SOLEMNLY DECLARE THAT, as of the date of this declaration, I am an authorized signing
officer, partner, or sole proprietor on the Contractor named in the Contract identified above, and as such
have authority to bind the contractor, and have personal knowledge of the fact that all accounts for labour,
subcontracts, products, services, construction machinery and equipment, and other indebtedness which may
have been incurred directly by the Contractor in the performance of the Work as required by the Contract,
and for which the Owner might in any way be held responsible have been paid in full under the said
Contract up to and including the latest progress payment received, as identified above,
i)
holdback monies property retained,
ii)
payments deferred by agreement, and
iii)
accounts withheld by reason of legitimate dispute.
I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing it is of the
same force and effect as if made under oath
Declared before me in
City/Town and Province
this ___________ day of ____________________, in the year ___________.
Signature of Declarent
A Commissioner for Oaths in and for the Province of Alberta
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.09
Page 1 of 1
INTERIM (SEASONAL) COMPLETION CERTIFICATE
Contract:
This Certificate is issued pursuant to Article 50 of the General Conditions of the Contract dated the
day of
A.D. _______, between The City of Red Deer (Owner) and
(the Contractor).
The sum of $
appended hereto.
has been retained by the Owner for the outstanding items of work listed below or
The maintenance period and the period for correction of faulty materials and workmanship required by the Contract
Documents will not commence until the date of Substantial Completion.
This Certificate has been made to the best of the Engineer's knowledge, information and belief. It does not constitute
an acceptance of any work not in accordance with the requirements of the Contract (and not listed as a deficiency on
the attached list) whether or not such defect or deficiency could have been observed or discovered during
construction.
Recommended by:
Consulting Firm (please print)
Project Engineer
Date
Granted by:
Engineering Services Manager (or designate)
White – City File
Yellow – Engineering Accountant
Date
Green – Consultant
Blue - Contractor
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.10
Page 1 of 1
SUBSTANTIAL COMPLETION CERTIFICATE
Contract:
This Certificate is issued pursuant to Article 50 of the General Conditions of the Contract dated the
day of
A.D. _______, between The City of Red Deer (Owner) and
(the Contractor).
The sum of $
appended hereto.
has been retained by the Owner for the outstanding items of work listed below or
The maintenance period and the period for correction of faulty materials and workmanship required by the Contract
Documents shall commence as of
, and terminates two years thereafter or upon the
issuance of the Final Acceptance Certificate, whichever comes last.
This Certificate has been made to the best of the Engineer's knowledge, information and belief. It does not constitute
an acceptance of any work not in accordance with the requirements of the Contract (and not listed as a deficiency on
the attached list) whether or not such defect or deficiency could have been observed or discovered during
construction.
Recommended by:
Consulting Firm (please print)
Project Engineer
Date
Granted by:
Engineering Services Manager (or designate)
White – City File
Yellow – Engineering Accountant
Date
Green – Consultant
Blue - Contractor
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.11
Page 1 of 1
CONSTRUCTION COMPLETION CERTIFICATE
Contract:
This Certificate is issued pursuant to Article 50 of the General Conditions of the Contract dated the
day of
A. D. _______, between The City of Red Deer (Owner) and
(the Contractor).
The Contractor, by receipt of the sum indicated on Certificate of Payment Number
, waives all claims against
the Owner under this Contract; except those made in writing prior to the Contractor's application for payment upon
construction completion and those still unsettled.
This Certificate has been made to the best of the Engineer's knowledge, information, and belief. It does not
constitute an acceptance of any work not in accordance with the requirements of the Contract (and not listed as a
deficiency on the attached list) whether or not such defect or deficiency could have been observed or discovered
during construction.
The sum of $ _______________ has been retained by the City for the outstanding items of works listed below or
attached hereto.
The maintenance period and the period for correction of faulty materials and workmanship required by the Contract
Documents shall commence as of ____________________, and terminates after two years or upon the issuance of
the Final Acceptance Certificate, whichever comes last.
Recommended by:
Consulting Firm (please print)
Project Engineer
Date
Granted by:
Engineering Services Manager (or designate)
White – City File
Yellow – Engineering Accountant
Date
Green – Consultant
Blue - Contractor
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.12
Page 1 of 1
FINAL ACCEPTANCE CERTIFICATE
Contract:
All defects or deficiencies in the Work observed or discovered within the maintenance period preceding the date of
this Certificate having been rectified, this Certificate is issued pursuant to the General Conditions of the Contract
dated the
day of
A.D.
between The City of Red Deer (Owner) and
(Contractor)
This Certificate has been made to the best of the Engineer's knowledge, information, and belief. It does not
constitute an acceptance of any work not in accordance with the Contract requirements, whether or not such defect
or deficiency could have been observed or discovered prior to the date hereof.
Recommended by:
Consulting Firm (please print)
Project Engineer
Date
Granted by:
Engineering Services Manager (or designate)
White – City File
Yellow – Engineering Accountant
Date
Green – Consultant
Blue - Contractor
DIVISION 00
Section 00 60 00.13
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
THE CITY OF RED DEER
BOX 5008
Address of Project
RED DEER, ALBERTA T4N 3T4
Phone Number
SAFETY NOTICE
Pursuant to the provisions of The Occupational Health and Safety Act, R.S.A. 2000, Chapters
0-2, as amended to December 04, 2002; The City of Red Deer accepts the designation
of
(Authorized Prime Contractor’s Representative)
of
(Contractor)
and appoints
(Authorized City Representative)
of
(City Department or Consultant)
as the City's representative to ensure that all provisions of the said Act are complied with at this
work site.
Work site location and or Contract Number:
___
AUTHORIZED BY:
THE CITY OF RED DEER:
DATE
CONSULTANT:
DATE
CONTRACTOR:
DATE
DIVISION 00
Section 00 60 00.14
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
MONTHLY HEALTH AND SAFETY SUMMARY
Contract Number
For the Month of
Name of Project
Type of Work
Contractor
1.
Number of workers hired
Number who completed orientation
2.
Number of tool box meetings conducted
3.
Number of inspections completed
Total unsafe acts/conditions identified
Number outstanding
4.
Number of incidents/accidents reported
Property Damage
Injury
Injury and Damage
Near Miss
Number of Incident/Accident Investigations Completed
Were corrective measures required?
Contractor's Site Representative
Date
Copies to
General Contractor's Head Office
Project Manager - The City of Red Deer
For The City of Red Deer's Use Only
Project Manager to forward copies to
Engineering Services Manager
Date
Project Safety Officer
Date
Project Safety Officer to forward copies to:
Health and Safety Office if ongoing O. H. & S. issues identified and if requested by the Manager of O. H. & S.
PROJECT FORMS
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.15
Page 1 of 2
PROJECT COMPLETION HEALTH AND SAFETY REVIEW
A.
GENERAL
This report is to be completed by the Project Manager and Contractor's Site Representative within two days after
completion of primary operations related to the Contract. If major portions of the Contract are undertaken by a
subcontractor, subsequent to the completion of the primary operations, a separate review must be conducted within
two days of the completion of the subcontractor's work.
Contract Number
Project Location
Project Type
Type of Work
Duration: From
To
Contractor
Contractor's O. H. & S. Certificate of Recognition Number
Head Office Address
Contractor’s Site Representative
The City of Red Deer’s Project Manager
Date of Pre-Construction Safety Meeting
Subcontractors
O. H. & S.
Certificate of Recognition
Number
B.
FIELD PERSONNEL
1.
2.
3.
Did the Contractor employ competent workers?
Were all flagpersons employed on site certified?
Did the Contractor meet First Aid legislated requirements?
C.
SITE CONDITIONS
3.
4.
5.
6.
7.
8.
9.
Attended Pre-Commencement Meeting
Yes
No
Yes
No
Yes
No
1.
During the duration of the project, were the project's traffic accommodation standards met?
2.
Did Contractor identify hazards and take the appropriate action?
Was appropriate personal protective equipment used?
Did Contractor conduct safety meetings?
Did Contractor conduct and record safety inspections?
Number of City of Red Deer Safety Officer inspections.
Number of inspections by Alberta Labour O. H. & S. officers.
Number of Alberta Labour O. H. & S. orders issued.
NOTE: A copy of the Alberta Labour O. H. & S inspection reports may be required.
Were there re-occurring health and safety issues?
If yes, please explain:
DIVISION 00
Section 00 60 00.15
Page 2 of 2
PROJECT FORMS
THE CITY OF
RED DEER
D.
NUMBER OF CONTRACTOR INCIDENTS
1.
Number of personal injury incidents/accidents:
Medical Aid
Lost Time
Fatalities
2.
Total number of incidents/accidents (including third party liability occurring in the work zone) involving
vehicle/equipment/property damage
3.
Number of incidents involving utilities:
4.
Number of investigations conducted by contractor:
5.
Were authorities involved?
Yes
”
No
”
Which authorities?
E.
CONTRACTOR'S OCCUPATIONAL HEALTH AND SAFETY PERFORMANCE
1.
Overall was the general Contractor's/Subcontractor's health and safety performance satisfactory?
Please comment on the Contractor's/Subcontractor's O. H. & S. program.
Contractor's Site Representative
Signature
Date
Signature
Date
The City of Red Deer's Project Manager
For The City of Red Deer's Use Only
Send to 1.
2.
General Contractor's head office (by the Contractor's Site Representative)
The following City of Red Deer Representatives (by the Project Manager):
a.
b.
Engineering Services Manager
Project Safety Officer
DIVISION 00
Section 00 60 00.16
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
CONTRACTOR’S DAILY PROGRESS REPORT
Project
Date
Contractor
Report Number
Contract Completion Date
Weather
Fair
Minimum Temperature Last Night
Maximum Temperature Today
Rain
Cold
Snow
Summary of Activities and Progress
Contractor’s Equipment and Personnel
Instructions, Agreements, or Discussions
Problems, Incidents, or Delays
Comments
Contractor’s Representative
White - Site Engineer
Date
Site Engineer/Representative
Yellow - Contractor
Date
Green - File Copy
DIVISION 00
Section 00 60 00.17
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
PLASTIC PAVEMENT MARKING WARRANTY
Contract
Contractor
Plastic Pavement Marking Subcontractor
The Contractor hereby guarantees the plastic pavement markings according to Section 32 17 13. The Contractor will
ensure the material is intact with the following percentages:
1.
The first year from the date stated in the Construction Completion Certificate, all lines and symbols must
be 100% intact.
2.
The second year from the date stated in the Construction Completion Certificate, each line and symbol
must be 95% intact. For lines that exceed 3m in length, each 3m section of that line must be 95% intact.
3.
The third year from the date stated in the Construction Completion Certificate, each line and symbol must
be 90% intact. For lines that exceed 3m in length, each 3m section of that line must be 90% intact.
4.
The fourth year from the date stated in the Construction Completion Certificate, each line and symbol must
be 85% intact. For lines that exceed 3m in length, each 3m section of that line must be 85% intact.
5.
The fifth year from the date stated in the Construction Completion Certificate, each line and symbol must
be 80% intact. For lines that exceed 3m in length, each 3m section of that line must be 80% intact.
* Percentages are in reference to the length of line remaining and/or the percentage of line intact.
All conditions outlined in Section 00 71 00 will apply to the plastic pavement markings warranty with the exception
that the maintenance period will be Five (5) years instead of two years.
At the end of the two-year maintenance period, the above noted Subcontractor will assume the Contractor’s
responsibilities for the remaining three years of the warranty period in regard to the plastic pavement markings. The
Subcontractor acknowledges that the payments made to it under the Contractor’s contract with the City are good
consideration for this warranty, and entitles the City to make a claim directly against the Subcontractor hereunder.
Contractor
Signature of Contractor’s Signing Officer
Date
Plastic Pavement Marking Subcontractor
Signature of Subcontractor’s Signing Officer
Date
Approved by The City of Red Deer
Engineering Services Department
Engineering Accountant
Traffic Section
Date
Consultant
Contractor
Subcontractor
Engineering Services
White – Materials Consultant
Site Engineer
Grade
Probe
Depth
Dry
Density
Field
Optimum
Moisture Content
Other □
_____________
_____________
Proctor
Density
Pink - Office
%
Compaction
Retest
________________
Contractor’s Representative
Blue – Contractor
Wet
Density
Weather Conditions
Roads □
Job Number
Materials Tester
PROJECT FORMS
Tester
Location
Utilities □
____________________________________
Prelevelling □
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
RED DEER
Remarks
Test No.
Date and Time of Testing
Type of Construction
Project
Site Location
Materials Consultant
Contractor
Equipment Present
Compaction Effort
Observed
SITE MATERIAL FIELD TESTING REPORT
THE CITY OF
DIVISION 00
Section 00 60 00.18
Page 1 of 1
DIVISION 00
Section 00 60 00.19
Page 1 of 1
PROJECT FORMS
THE CITY OF
RED DEER
ENGINEERING SERVICES DEPARTMENT
CONTRACT CHANGE ORDER
Contract Change Order Number
Date Issued
Contract
Contractor
When authorized by the Engineer, this Change Order modifies the above noted Contract as follows:
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL AUTHORIZED BY THE ENGINEER
COST OF CHANGE
(Excluding G.S.T.)
DESCRIPTION OF CHANGE
ITEM
TOTAL VALUE OF THIS CHANGE ORDER
Total of all Previous Change Orders (if any)
Total of all Change Orders to Date
Original Contingency Amount (Excluding G.S.T.)
REMAINING CONTINGENCY AMOUNT (Excluding G.S.T.)
Original Contract Price (Excluding G.S.T.)
REVISED CONTRACT PRICE
Statement of Contract Time
Number
of Days
Date
Original Completion Date
Time Extension for this Change Order
Total Time Extension all Previous Change Orders (if any)
Revised Date for Completion
Accepted by Contractor
Date
Accepted by Owner
Date
Authorized by the Engineer
Date
Original - City File
Green - Engineering Accountant
Blue - Consultant
Yellow - Contractor
THE CITY OF
RED DEER
DIVISION 00
Section 00 60 00.20
Page 1 of 1
PROJECT FORMS
AFFIDAVIT VERIFYING SIGNING AUTHORITY
I,
, of
(Contractor/Supplier)
(Company)
in the Province/State of
MAKE OATH AND SAY:
I am authorized to execute the instrument or caveat.
Signature: _______________________________________________
AFFIDAVIT OF EXECUTION
(To be filled in by Commissioner for Oaths or Witness)
I,
, of
(Commissioner or Witness)
(City)
in the Province/State of
MAKE OATH AND SAY:
1.
That I was personally present and did see _______________________________ named in the within
(Contractor/Supplier)
instrument, who is(are) personally known to me to be the person(s) named therein, duly sign and execute the
same for the purpose named therein.
2.
That the same was executed at ______________________________________________, in the Province of
(Location)
____________________________, and that I am the subscribing witness thereto.
3.
That I know the said person(s) and he (she, each) is in my belief of the full age of eighteen years.
SWORN BEFORE ME at _________________________________________,
in the Province of ____________________,
this _____ day of____________________ A.D
A COMMISSIONER FOR OATHS in and for the
the Province of _________________________
or
Witness Signature: __________________________
Print Name: _____ __________________________
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
TABLE OF CONTENTS
Drawings, Specifications, and Related
Data
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Definitions
Documents
Additional Drawings and
Instructions
Contractor to Check Plans and Data
Copies Furnished
Shop Drawings
Ownership of Drawings and Models
Contract Drawings on Work Site
Local Conditions
Subsurface Conditions
DIVISION 00
Section 00 70 00
Page 1 of 1
Legal Responsibility and Public Safety
35.
36.
37.
38.
39.
40.
41.
42.
Protection of Work and Property
Indemnity
Performance, Labour and Materials,
Bonds
Contractor’s Insurance
Patent Fees
Laws, Notices, Permits, and Fees
Taxes and Duties
Injury or Damage to Persons or
Property
Progress, Completion of Work and
Payment
Engineer and Contractor Relations
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Engineer and Contractor
Inspection of Work
Use of Premises
Records Open For Inspection
Assignments
Owner’s Right to do Work
Owner’s Right to Terminate Contract
Contractor’s Right to Terminate
Contract
Separate Contracts
Subcontracts
Mutual Responsibility of Contractors
Payments by Contractor
Disputes
Oral Agreements
Non-Waiver
Right of Set Off
Use of Completed Portions
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
General
Workmanship and Materials
58.
28.
59.
60.
61.
29.
30.
31.
32.
33.
34.
Contractor’s Foreman and
Superintendent
Materials and Employees
Tools, Plant, and Equipment
Workers’ Compensation Insurance
Materials Testing and Mix Designs
Rejected Work
Warranty and Maintenance
Failure to Complete on Time
Progress Schedule
Delays
Changes in Work
Valuation of Changes
Force Account Rates
Disposition of Provisional Cost Sum
and Contingency Sum
Applications for Payment
Certificates and Payments
Payment Withheld
Liens
Deductions for Incomplete Work and
Deficiencies
Cutting, Patching, and Digging
Clean Up
Payment for General Requirements
Freedom of Information and
Protection of Privacy Act
Agency
Prime Contractor
Suspension of Work
THE CITY OF
GENERAL CONDITIONS
OF THE CONTRACT
RED DEER
DIVISION 00
Section 00 71 00
Page 1 of 24
ARTICLE 1 - DEFINITIONS
1.1
Contract or Contract Documents include the Documents and Drawings listed in Section 00 50 00, Article
3, Documents Constituting the Contract, of the Agreement Form, and modifications thereof or additional
drawings and instructions thereto incorporated before execution or agreed to by the parties after execution.
1.2
Owner and Contractor mean the parties so designated in the Agreement.
1.3
Engineer means The City of Red Deer Director of Development Services, his authorized representative or
consulting engineer engaged by the Owner to supervise the Work.
1.4
Subcontractor or Fabricator includes a person, firm, or corporation having a Contract with the Contractor
for the execution of a part or parts of the Work included in the Contract, or for the furnishing to the
Contractor of materials called for in the Contract.
1.5
Work includes all labour and materials required to be supplied or provided by a Contractor, as set out in the
Contract Documents, and where the context requires, means a project to which the Contract relates.
1.6
Other Contractor means any person, firm, or corporation employed by or having a Contract directly or
indirectly with the Owner other than through the Contractor.
1.7
Conditions mean these General Conditions and any Supplementary General Conditions.
1.8
Certificate of Substantial Performance means a certificate issued by the Contractor or a Subcontractor
who is of the opinion that his Contract or Subcontract is substantially performed as contemplated by the
Builders' Lien Act, R.S.A. 1980, Chapter B-12 as amended.
1.9
Certificate of Staged Substantial Performance means a certificate issued by the Contractor or a
Subcontractor who is of the opinion his work as identified under the appropriate schedule is substantially
performed as contemplated by the Builders' Lien Act, R.S.A. 1980, Chapter B-12 as amended.
1.10
Substantial Completion of the Work shall have been reached when the Engineer certifies that
.1
the Work is ready for use or is being used for the purpose intended; and
.2
the Work remaining to be done under the Contract, inclusive of the cost of any deficiencies, is
capable of completion or correction at a cost of not more than:
.1
.2
.3
1.11
3% of the first $500,000 of the Contract price;
2% of the next $500,000 of the Contract price;
1% of the balance of the Contract price.
Staged Substantial Completion of the Work shall have been reached when the Engineer certifies that
.1
the Work (identified under the appropriate schedule) is ready for use or is being used for the
purpose intended.
1.12
Substantial Completion Certificate means a Certificate issued by the Engineer certifying the performance
of the Contract meets the requirements of the Builders' Lien Act and that the Work is ready for use as
intended. The maintenance period will commence on the date of Substantial Completion.
1.13
Staged Substantial Completion Certificate means a Certificate issued by the Engineer certifying the
performance of the work identified under the appropriate schedule is ready for use as intended. The
maintenance period is not affected in any way by the issuance of the Staged Substantial Completion
THE CITY OF
GENERAL CONDITIONS
OF THE CONTRACT
RED DEER
DIVISION 00
Section 00 71 00
Page 2 of 24
Certificate and it will still commence on the date of Substantial Completion as identified under clause 1.10.
1.14
Seasonal Deficiencies means Work which cannot be completed expeditiously, or defects or deficiencies,
which cannot be corrected promptly due to climatic or other similar conditions reasonably beyond the
control of the Contractor.
1.15
Seasonal Completion Certificate means a Certificate issued by the Engineer certifying the performance of
the Contract meets the requirements of the Builders’ Lien Act and that the Work is ready for use as
intended. The maintenance period will not commence until the date of Substantial Completion.
1.16
Construction Completion of the Work shall have been reached when the Engineer certifies that the Work
to be done under the Contract; inclusive of all items identified as deficiencies at time of Substantial
Completion, but excluding those items arising from the provisions of Article 34 (Warranty and
Maintenance) of the General Conditions; has been completed.
Construction Completion Certificate means a Certificate issued by the Engineer certifying the
construction completion of the Contract.
1.17
1.18
Final Acceptance of the Work shall have been reached when the Engineer certifies that the Work to be
done under the Contract, inclusive of all items identified as deficiencies during the maintenance period, has
been completed.
1.19
Final Acceptance Certificate means the Certificate issued by the Engineer certifying the Final Acceptance
of the Contract.
1.20
Changes in the Work mean the deletion, extension, increase, decrease or alteration of lines, grades,
dimensions, methods, Drawings, or materials of the Work or part thereof, within the scope of the Work
contemplated by the Contract Documents.
1.21
Extra Work means any work or service, the performance of which is beyond the scope of the Work
contemplated by the Contract Documents.
1.22
Specifications mean Detailed Specifications and Special Provisions.
1.23
Drawings means any drawings listed in the Agreement, or included in the Detailed Specifications and
Addenda.
ARTICLE 2 - DOCUMENTS
2.1
The Contract Documents shall be executed under seal in duplicate, first by the Contractor and then by the
Owner. The intention of the Contract Documents is to include all labour and materials reasonably necessary
for the proper execution of the Work. The intention is not, however, that materials or Work not covered by,
or properly referable from any section heading or section in the General or Detailed Specifications, will be
supplied unless distinctly so noted on the Drawings. Descriptions of materials or Work in words, which so
applied have well-known technical or trade meanings, shall be held to refer to such recognized standards.
2.2
In the event of conflicts between Contract Documents, the governing order of documents in descending
order, shall be as follows:
.1
Change Orders.
.2
The executed Agreement between the Owner and the Contractor shall govern over all documents.
.3
Addendum.
THE CITY OF
GENERAL CONDITIONS
OF THE CONTRACT
RED DEER
.4
Available Project Information.
.5
General Conditions.
.6
Detailed Construction Drawings.
.7
Construction Specifications and Standard Drawings.
DIVISION 00
Section 00 71 00
Page 3 of 24
Notwithstanding the foregoing, documents of later date shall always govern.
In the event of a difference between scaled dimensions on Plans and the figures written thereon, the figures
shall govern. In the event that two or more plans show conflicting information, the information on the most
recently dated plan shall govern.
2.3
All instructions contained in the Contract Documents are directed to the Contractor unless otherwise
specified.
ARTICLE 3 - ADDITIONAL DRAWINGS AND INSTRUCTIONS
3.1
When, in the opinion of the Engineer, it becomes necessary to explain more fully the Work to be done or to
illustrate the Work further to show any change which may be required, the Engineer will furnish to the
Contractor such additional Drawings and instructions to supplement the Contract Documents as may be
necessary for the performance of the Work. Such Drawings and instructions shall be consistent with the
intent of the Contract Documents. The Engineer shall provide the Contractor with three copies of any
additional Drawings and instructions, and they shall be deemed to have been properly provided to the
Contractor if delivered in writing to an individual, to a member of the firm, or to an officer of the
Corporation for whom they are intended, or if delivered at or sent by prepaid Single Registered Mail, to the
address of the Contractor as set out in the Agreement.
3.2
The Contractor and the Engineer, if either so request, shall jointly prepare a schedule, subject to change
from time to time in accordance with the progress of the Work, fixing the dates at which the various
additional drawings and instructions will be required, and the Engineer shall furnish them in accordance
with the schedule.
ARTICLE 4 - CONTRACTOR TO CHECK PLANS AND DATA
4.1
The Contractor shall verify all dimensions, quantities, and details described in the Specifications and shown
on the Drawings, Additional Drawings, schedules, or other data received from the Engineer or contained in
any of the Contract Documents including any addenda, and shall notify the Engineer of all errors,
omissions, conflicts, and discrepancies found in any of this material. Failure to discover or correct errors,
conflicts, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory Work,
faulty construction, or improper operations resulting there from, nor from rectifying such conditions at the
Contractor's expense. The Contractor will not be allowed to take advantage of any error or omission, as full
instructions will be furnished to the Contractor by the Engineer should such error or omission be reported
by the Contractor to the Engineer. The Contractor shall assume all responsibility for the estimates of the
size, kind, and quantity of materials and equipment required to perform Work pursuant to the Contract.
ARTICLE 5 - COPIES FURNISHED
5.1
In addition to an executed copy of the Contract Documents, the Contractor shall purchase as many copies of
the Contract Documents and Drawings as are reasonably necessary for the proper execution of the Work.
THE CITY OF
GENERAL CONDITIONS
OF THE CONTRACT
RED DEER
DIVISION 00
Section 00 71 00
Page 4 of 24
ARTICLE 6 - SHOP DRAWINGS
6.1
The term "Shop Drawings" means drawings, diagrams, illustrations, schedules, performance charts,
brochures and other data, which are to be provided by the Contractor to illustrate details of a portion of the
Work.
6.2
The Contractor shall arrange for the preparation of clearly identified Shop Drawings as called for by the
Contract Documents or as the Engineer may reasonably request.
6.3
Prior to submission to the Engineer, the Contractor shall review all Shop Drawings. By this review the
Contractor represents that he has determined and verified all field measurements, field construction criteria,
materials, catalogue number, and similar data or will do so and that he has checked and coordinated each
Shop Drawing with the requirements of the Work and the Contract Documents. The Contractor's review of
each Shop Drawing shall be indicated by stamp, date, and signature of a responsible agent or officer of the
Contractor.
6.4
The Contractor shall submit Shop Drawings to the Engineer for his review with reasonable promptness and
in an orderly sequence so as to cause no delay in the Work of Other Contractors. Work on an item shall not
proceed until the Shop Drawings have been approved. If either the Contractor or the Engineer so requests,
they shall jointly prepare a schedule fixing the dates for submission and return of Shop Drawings. Shop
Drawings shall be submitted in the form of a reproducible transparency or prints, as the Engineer may
direct. At the time of submission, the Contractor shall notify the Engineer in writing of any deviations in the
Shop Drawings from the requirements of the Contract Documents.
6.5
The Engineer will review and return Shop Drawings in accordance with any schedule agreed upon or
otherwise with reasonable promptness, so as to cause no delay. The Engineer's review shall be for
conformity to the design concept and for general arrangement only and such review shall not relieve the
Contractor of responsibility for errors and omissions in the Shop Drawings or of responsibility for meeting
all requirements of the Contract Documents, unless a deviation on the Shop Drawings has been approved in
writing by the Engineer.
6.6
The Contractor shall make any changes to the Shop Drawings, which the Engineer may require, and
resubmit same unless otherwise directed by the Engineer. When resubmitting, the Contractor shall notify the
Engineer in writing of any revisions other than those requested by the Engineer.
6.7
Shop Drawings will include, but are not limited to:
.1
.2
.3
.4
General arrangements and detailed dimensional drawings that include process, mechanical,
electrical and control requirements for the Work and any related critical systems.
Technical specifications for any integrated systems, sub-systems and/or components.
Technical specifications or any services required to allow proper function.
Specifications and recommendations for factory testing, field-testing and performance testing
ARTICLE 7 - OWNERSHIP OF DRAWINGS AND MODELS
7.1
All Drawings, Specifications, models, and copies thereof furnished to the Contractor are the property of the
Owner; and if requested by the Owner, they shall be returned upon completion of the Contract. They are not
to be used by the Contractor on other work.
ARTICLE 8 - CONTRACT DOCUMENTS ON THE WORK SITE
8.1
The Contractor shall keep one copy of the current Contract Documents and Shop Drawings at the place of
Work in good order, available to the Engineer and to his representatives.
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 5 of 24
ARTICLE 9 - LOCAL CONDITIONS
9.1
The Contractor shall; by personal inspection, examination, calculations or other tests or by any other means;
satisfy himself with respect to the local conditions to be encountered, the quantities, quality, and
practicability of the Work, the soil structure and topography at the site, the nature and quantity of materials
to be used, the equipment and facilities required throughout all stages of the Work, and all other matters
which can in any way affect the Work under this Contract.
9.2
No verbal agreement or conversation with any officer, agent, or employee of the Owner or the Engineer,
either before or after the execution of the Contract, shall affect or modify any of the obligations contained in
this Article.
ARTICLE 10 - SUBSURFACE CONDITIONS
10.1
The Contractor shall promptly notify the Engineer in writing if, in his opinion, the subsurface conditions of
the place of the Work differ materially from those indicated in the Contract Documents, or a reasonable
assumption of probable conditions based thereon.
10.2
The Engineer will promptly investigate such conditions, and if they differ materially and cause an increase
or decrease in the Contractor’s cost of, or time required for performance of any part of the Work, will
recommend an equitable adjustment in the Contract Sum or Contract Time, or both.
10.3
If the Engineer determines that the conditions at the site are not materially different from those indicated in
the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so
notify the Owner and the Contractor in writing, stating the reason.
10.4
Claims by either party in opposition to such determination must be made within 21 days after the Engineer
has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract
Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to
further proceedings pursuant to Article 23 (Disputes).
ARTICLE 11 - ENGINEER AND CONTRACTOR
11.1
The Engineer will provide administration of this Contract, as described in the Contract Documents.
11.2
The Engineer will be the Owner's representative during construction and until the issuance of the Final
Acceptance Certificate. The Owner's instructions to the Contractor shall be forwarded through the Engineer.
The Engineer will have authority to act on behalf of the Owner, only to the extent provided in the Contract
Documents or otherwise in writing. The Engineer will have the authority to stop the Work whenever such
stoppage may be necessary, in his opinion, to ensure the proper execution of the Work in accordance with
the provisions of this Contract.
11.3
If, at any time, the Engineer is of the opinion that there exists a danger to life or to property, he may order
the Contractor to stop Work or to take such remedial measures, as he may consider necessary. The
Contractor shall obey such orders immediately. Neither the giving nor the carrying out of such orders shall
thereby entitle the Contractor to any extra payment.
11.4
The Engineer is the sole interpreter of the Contract and the judge of its performance. The Contractor shall
obey, perform, and comply with the Engineer's orders or instructions with respect to the Work or
concerning the conduct thereof, promptly, efficiently, and to the satisfaction of the Engineer. However, if
the Contractor is of the opinion that such orders or instructions are not authorized under the provisions of
the Contract or involve a change for which a change order should be issued as described in Article 46
(Changes in Work), he shall so notify the Engineer in writing before proceeding to carry them out and, in
any event, within 10 days of the receipt of such orders or instructions. If the Contractor does not notify the
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 6 of 24
Engineer within the requested time, he shall not claim at any time thereafter that the orders or instructions
were not authorized or should have been subject to a change order. Nevertheless, the giving of such notices
to the Engineer shall not relieve the Contractor of his obligations to carry out and obey such orders and
instructions.
11.5
The Engineer will not be responsible for or be deemed to have control over the acts or omissions of the
Contractor, his Subcontractors, or their agents, employees, or other persons performing any of the Work.
11.6
The Engineer will have authority to reject Work, which in his opinion, does not conform to the
requirements of the Contract Documents. Whenever he considers it necessary or advisable, he will have
authority to require special inspections or testing of Work whether or not such Work be then fabricated,
installed, or completed. However, neither the Engineer's authority to act, nor any decision made by him,
either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the
Engineer to the Contractor, his Subcontractors, or their agents, employees or other persons performing any
of the Work.
11.7
Nothing contained in the Contract Documents shall create any contractual relationship between the
Engineer and the Contractor, his suppliers, or their agents, employees or other persons performing any of
the Work.
11.8
The Engineer or the Owner may appoint any person or corporation or an employee of such person or
corporation to be an Inspector. Such Inspector shall have the authority of the Engineer to reject materials,
procedures, or workmanship as not complying with the provisions of the Contract and to order the
Contractor to stop Work until the materials, procedures, or workmanship comply with such provisions.
ARTICLE 12 - INSPECTION OF WORK
12.1
The Contractor shall allow the Engineer and/or Owner, or their duly appointed Inspector, access and
provide adequate facilities for access to any part of the Work at all times. If the Contract Documents,
Engineer's instructions, laws, ordinances, or any public authority require any Work to be specifically tested
or approved, the Contractor shall give the Engineer at least five days advance notice of his preparedness for
such inspections, and if the inspection is by an authority other than the Engineer, the Contractor shall give
the Engineer at least five days notice of the date fixed for such inspection.
12.2
The Engineer will inspect the Work promptly and without causing unreasonable delay to the Contractor.
Neither extra payment nor extension of time of completion will be allowed to the Contractor for delay
caused by any inspection.
12.3
Upon the request of the Engineer, the Contractor shall open up for inspection any part of the Work that has
been covered up. If the Contractor refuses to comply with such request, the Owner may employ other
persons to uncover the Work. If the Work is found to be in accordance with the Contract requirements, the
cost of uncovering and recovering the Work shall be borne by the Owner. If any of the Work was found not
to be in accordance with the Contract requirements, then the cost of uncovering and recovering the Work
shall be charged to the Contractor.
ARTICLE 13 - USE OF PREMISES
13.1
The Contractor shall confine his equipment and apparatus, the storage of materials, and the operations of his
Workmen to limits set by the common law by applicable statutes of Alberta and Canada and regulations
made thereunder by local by-laws or by permits and directions of the Engineer. The Contractor shall not
unreasonably encumber the premises with the materials.
13.2
The Contractor shall not permit any part of any structure to be loaded with a weight, which will endanger its
safety.
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The Contractor shall enforce the Engineer's instructions regarding signs, advertisements, fires, and smoking.
ARTICLE 14 – RECORDS OPEN FOR INSPECTION
14.1
The Contractor’s payroll, time record, invoices, statements, and any other financial documents, data,
records, which may, in the Owner’s opinion, have any relation to the Contract, shall be at all times open for
inspection and copying by the Owner. The Contractor shall assist the Owner in every possible way in this
inspection.
ARTICLE 15 - ASSIGNMENTS
15.1
The Contractor shall not assign this Contract or any portion thereof without the written consent of the
Owner.
ARTICLE 16 - OWNER'S RIGHT TO DO WORK
16.1
If the Contractor should neglect to execute the Work properly or fail to perform any part of this Contract,
the Owner, after three days' written notice to the Contractor, may without prejudice to any other remedy it
may have, make good any deficiencies and may deduct the cost thereof from the payment then or thereafter
due the Contractor; provided, however, that the Engineer shall have approved both such action and the
amount charged to the Contractor.
ARTICLE 17 - OWNER'S RIGHT TO TERMINATE CONTRACT
17.1
If the Contractor at any time becomes bankrupt, makes an assignment of his property to the benefit of his
creditor, or if a receiver or liquidator should be appointed on account of his insolvency, the Owner shall
have the right to terminate this Contract immediately. Such termination shall be effective upon notice of
same to the Contractor.
17.2
If at any time the Engineer is of the opinion and so states in writing to the Owner, that the Contractor:
.1
has failed to commence Work or recommence Work after a suspension within the time specified in
the Contract Documents;
.2
has failed or is failing to furnish or to maintain a detailed Work schedule and plan of operation as
required;
.3
has failed or is failing to use diligence or has failed to comply with the instructions of the Engineer
to expedite his Work, or is otherwise failing to make such progress with the Work as is necessary
to ensure the completion of the Work or any part thereof in the time specified in the Contract
Documents;
.4
has failed or is failing to supply enough competent Workmen, management, materials, or suitable
equipment; or
.5
has become in any way unable to carry out the Work or any part thereof;
the Owner may give notice in writing to the Contractor of such opinion and require that any such
default or defaults be remedied forthwith. If, within 10 days of such notice, the default or defaults
are not remedied to the satisfaction of the Engineer, the Owner may, without prejudice to any other
right or remedy he may have, terminate the Contract. Such termination shall be effective
immediately.
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Upon such termination, the Contractor shall leave the place of Work at the Owner's request and the Owner
may employ such means as he may see fit to complete the Work. In such cases
.1
the Contractor shall have no claim for any further payment in respect of Work performed, but shall
be liable for all damages and expenses which may be suffered by the Owner by reason of such
default or delay and the non-completion by the Contractor of the Work;
.2
no objection of claim shall be raised by the Contractor despite the fact that the ultimate cost to
complete the Work is, in the opinion of the Contractor, greater than it should have been;
.3
all materials and all rights, proprietary or otherwise, licenses, powers, and privileges; whether
relating to or affecting real or personal property, acquired, possessed, or provided by the
Contractor for the purposes of the Work under the provisions of this Contract; will become or
remain the property of the Owner for any and all purposes incidental to the completion of the
Work and be used, exercised, and enjoyed by the Owner as fully to all intents and purposes
connected with the Work as they might therefore have been used, exercised, and enjoyed by the
Contractor;
.4
the Owner may forthwith enter into possession of any or all of the Contractor's equipment at the
place of the Work and may use the same in any way he sees fit in order to complete the Work
without the Owner being in any way liable for damages or other costs in connection with such use
by the Owner. Upon completion of the Work, such equipment may be returned to the Contractor or
may be sold by the Owner and the net proceeds of such will credit to the Contractor's account.
If the Contractor's right to perform the Work is terminated in accordance with the provisions of this Article,
the Contractor shall not be entitled to receive any further payment until the Work is completed. Upon
completion of the Work, the Engineer shall determine
.1
the amount which would have been due to the Contractor under the Contract if all of the Work had
been performed by him;
.2
the costs and expenses borne by the Owner in completing the Work and damages for delay in
completion, if any.
The Contractor shall be entitled to receive the balance of the Contract price less such costs and
expenses. If such costs and expenses exceed the Contract price, the Contractor shall pay the
amount of such excess to the Owner on demand.
17.5
The Owner shall have the option, under the provisions of this Article, to be exercised in its absolute
discretion, to terminate the right of the Contractor to perform any part or parts of the Work and to permit
the Contractor to continue to perform the rest of the Work. All the provisions of this Article shall comply to
such part or parts with such modifications as the circumstances may require.
ARTICLE 18 - CONTRACTOR'S RIGHT TO TERMINATE CONTRACT
18.1
If the Work should be stopped or otherwise delayed for a period of Thirty (30) days or more under an order
of a Court or other public authority and providing that such Order was not issued as a result of an act or
fault of the Contractor, or anyone directly or indirectly employed or engaged by him, the Contractor may,
without prejudice to any other right of remedy he may have, by giving the Owner written notice, terminate
the Contract.
18.2
The Contractor may notify the Owner in writing, with a copy to the Engineer, that the Owner is in default of
his contractual obligations if
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.1
the Engineer fails to issue a Certificate in accordance with the provisions of Article 51 (Certificates
and Payments); or
.2
the Owner fails to pay the Contractor in accordance with the provisions of Article 51 (Certificates
and Payments) and Section 00 50 00, Article 2.
The Contractor may terminate the Contract if the Owner or Engineer have not remedied the default of their
contractual obligations within 30 days after receipt of notice described under the provisions of this Article.
ARTICLE 19 - SEPARATE CONTRACTS
19.1
The Owner reserves the right to let other contracts in connection with the undertaking of which the Work is
a part, and the Contractor shall connect properly and coordinate this Work with that of Other Contractors. If
any part of the Contractor's work depends for its proper execution or results upon the work of another
contractor, the Contractor shall report promptly to the Engineer any defects in the work of such Other
Contractor that may interfere with the proper execution of the Contractor's work. Should the Contractor fail
so to inspect and report, he shall have no claim against the Owner because of the defective or unfinished
Work of any Other Contractor, except due to latent defects not reasonably noticeable at the time of the
commencement of the Contractor's work.
ARTICLE 20 - SUBCONTRACTS
20.1
The Subcontractors named in the Appendices attached to the Tender Form and others as may be approved
by the Engineer following execution of the Agreement, shall not be changed nor shall additional
Subcontractors be employed without the prior written consent of the Engineer.
20.2
The Contractor is responsible to the Owner for the acts and omissions of its Subcontractors and of their
employees, to the same extent that he is responsible for the acts, omissions, and persons employed by
himself. Nothing in the Contract Documents shall create any contractual relation between a Subcontractor
and the Owner.
20.3
The Contractor shall bind every Subcontractor to the terms of the Contract Documents.
ARTICLE 21 - MUTUAL RESPONSIBILITY OF CONTRACTORS
21.1
Should the Contractor suffer damage by an act or omission of any Other Contractor employed by the Owner
upon the Work, the Contractor shall make his claim in writing against the Owner through the Engineer
within 48 hours after the happening of the event causing such damage to the Contractor, and the Engineer
shall decide upon all claims made against the Owner under this Section and shall certify the same to the
Owner.
21.2
Should the Contractor cause damage to any Other Contractor on the Work, the Contractor shall, upon notice
by the Owner, settle with such Other Contractor by agreement if he will so settle. If such Other Contractor
sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the
Contractor, who shall defend such proceedings at his own expense; and if any judgement against the Owner
arises therefore, the Contractor shall be responsible and pay the amount of such judgement and all costs
incurred by the Owner.
ARTICLE 22 - PAYMENTS BY CONTRACTOR
22.1
The Contractor shall promptly pay all amounts due to any Subcontractor engaged by the Contractor for or in
connection with the performance of this Contract, or for buildings or structures erected by or for the
Contractor in the performance of the Contract and any supplies used in, upon, in respect of, or about the
Works or any portion thereof, and shall indemnify and save harmless the Owner from and against any
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charge or claim in any way connected with the foregoing. The Labour and Materials Bond furnished by the
Contractor shall be so drawn as to cover the obligation of the Contractor with respect thereto.
ARTICLE 23 - DISPUTES
23.1
23.2
Any difference between the parties to the Contract as to the interpretation, application, or administration of
this Contract or any failure to agree where agreement between the parties is called for (hereinafter referred
to as "Disputes"), which are not resolved in the first instance by decision of the Engineer, shall be settled in
accordance with the following provisions:
.1
The claimant shall give written notice of such Dispute to the other party no later than 30 days after
the receipt of the Engineer's decision. Such notice shall set forth particulars of the matters in
Dispute, the probable extent and value of the damage, and the relevant provisions of the Contract
Documents. The other party (hereinafter referred to as the "Respondent"), shall reply to such
notice no later than 14 days after its receipt, setting out in such reply his grounds and other relevant
provisions of the Contract Documents;
.2
If the matter in Dispute is not resolved promptly, the Engineer will give such instruction as, in his
opinion, is necessary for the proper performance of the Work and to prevent delays pending
settlement of Dispute. The parties shall act immediately according to such instructions; it being
understood that by doing so, neither party will jeopardize any claim they may have. If it is
subsequently determined that such instructions were in error or at variance with the Contract
Documents, the Owner shall pay the Contractor such costs incurred by the Contractor in carrying
out such instructions which he was required to do beyond what the Contract Documents correctly
understood and interpreted would have required him to do;
.3
If the matter or matters are not resolved within 10 days after the Respondent files his reply; the
parties agree that the matter in Dispute shall be submitted to arbitration pursuant to the Arbitration
Act of Alberta.
No act by either party shall be construed as a renunciation or waiver of any of his rights or resources,
provided that he has given the notices and carried out any instructions contemplated above.
ARTICLE 24 - ORAL AGREEMENTS
24.1
No oral instructions, objections, claims, or notices by any party to the other shall affect or modify any of the
terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract
Documents shall be held to be waived or modified by reason of any act whatsoever, other then by waiver or
modification thereof in writing and agreed to by the parties hereto.
ARTICLE 25 - NON-WAIVER
25.1
Any failure by the Owner or the Engineer at any time, or from time to time, to enforce or require the strict
compliance of any of the terms or conditions of the Contract, will not constitute a waiver of such terms or
conditions and will not affect or impair such terms or conditions in any way or the right of the Owner or the
Engineer at any time to avail himself of any further available remedies.
ARTICLE 26 - RIGHT OF SET OFF
26.1
The parties agree, that if at any time the Contract Documents indicate that any Work is to be performed or
anything is to be done at the expense of the Contractor, and if at any time it is necessary for the Owner to
incur costs and expenses which are to be borne by the Contractor pursuant to the Contract Documents, then
the Owner shall be at liberty to set off and deduct the amount of such costs and expenses from any monies
then or thereafter owing to the Contractor.
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ARTICLE 27 - USE OF COMPLETED PORTIONS
27.1
The Owner shall have the right to take possession of and use any completed portions of the Work,
notwithstanding that the time for completing the entire Work may not have expired, but such taking
possession of and use shall not be deemed an acceptance of any Work not in accordance with the Contract
Documents. If such prior use delays the Work, the Contractor will be entitled to such extension of time as
the Engineer may determine in accordance with Article 45 (Delays). No such extension of time shall entitle
the Contractor to damages for such delay.
ARTICLE 28 - CONTRACTOR'S FOREMAN OR SUPERINTENDENT
28.1
The Contractor shall keep on the Work site at all times during its progress, a competent Foreman or
Superintendent. The Foreman or Superintendent shall represent the Contractor in his absence, and
directions given to him shall be held to be given to the Contractor. Important directions given to the
Contractor by the Engineer shall be in writing. The Superintendent or Foreman shall give efficient and
effective supervision to the Work until its completion.
28.2
Unless the Foreman or Superintendent ceases to be in the employ of the Contractor, he shall not be changed
except with the consent of the Engineer.
ARTICLE 29 - MATERIALS AND EMPLOYEES
29.1
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labour, tools, equipment,
water, heat, light, power transportation, and other facilities necessary for the performance of the Work in
accordance with the Contract.
29.2
Materials provided shall be new, unless otherwise specified. Materials, which are not specified, shall be of a
quality best suited to the purpose required and their use subject to the approval of the Engineer.
29.3
The Contractor shall maintain good order and discipline among his employees engaged on the Work. The
Engineer shall be at liberty to require the Contractor to remove forthwith from the Work any person
employed by the Contractor in or about the execution or maintenance of the Work, who, in the opinion of
the Engineer, is incompetent or unsatisfactory in any way, and such person shall not be again employed
upon the Work, without the written permission of the Engineer.
ARTICLE 30 - TOOLS, PLANT, AND EQUIPMENT
30.1
If, at any time before the commencement or during the progress of the Work; tools, plant, or equipment
appears to the Engineer to be insufficient or inappropriate to secure the quality of Work required, or at the
proper rate of progress, the Engineer may order the Contractor to make such changes as may be necessary.
The failure of the Engineer to demand such changes shall not relieve the Contractor of his obligation to
secure the quality of Work and rate of progress necessary to complete the Work within the time required by
this Contract and to the satisfaction of the Owner.
ARTICLE 31 - WORKERS' COMPENSATION INSURANCE
31.1
The Contractor shall maintain an account in good standing covering all activities of the Contractor and pay
all assessments thereunder.
31.2
The Contractor shall comply with all requirements of the Workers' Compensation Act of Alberta and any
regulations applicable thereto and without restricting the generality of the foregoing, the Contractor shall
adhere to any safety regulations governing the Work.
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31.3
Notwithstanding any other provisions of the Contract Documents, if the Workers' Compensation Board
orders the Contractor to cease work, the Owner, on 24 hours written notice from the Engineer to the
Contractor, may terminate this Contract.
31.4
Prior to receiving payment for Substantial Completion of the Work, or at any time during the term of the
Contract, when requested by the Owner, the Contractor shall provide evidence of compliance with the
requirements of the applicable Workers' Compensation legislation.
ARTICLE 32 - MATERIALS TESTING AND MIX DESIGNS
32.1
The Contractor shall furnish, at his expense, the Engineer with material tests and mix designs, except as
otherwise specified in the Contract Documents.
ARTICLE 33 - REJECTED WORK
33.1
All materials which have not conformed to the requirements of the Contract Documents and which are not
approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are
intended, will be rejected.
33.2
Any defective work; whatever the cause thereof and without limiting the generality of the foregoing,
whether the result of poor workmanship or use of defective materials; shall be removed within 10 days after
written notice has been given by the Engineer, and the Work shall be re-executed by the Contractor. The
fact that the Engineer may have previously overlooked such defective work shall not constitute an
acceptance.
33.3
The removal of work and the re-execution thereof shall be at the expense of the Contractor and he shall pay
the cost of replacing the Work which shall include all materials destroyed or damaged by the removal of the
rejected Work, or materials and the subsequent replacement with acceptable Work. The Contractor shall
also reimburse the Owner for any additional engineering, inspection, testing, or other costs incurred in
respect of rejected work or materials, whether such work or materials are replaced or not, or are acceptable
at a lower price.
33.4
If, in the opinion of the Engineer, it is not expedient to re-execute defective Work, the Owner may deduct
from the Contract price the difference in value between the Work as done and that called for by the
Contract, the amount of which shall be determined by the Engineer.
ARTICLE 34 - WARRANTY AND MAINTENANCE
34.1
The Contractor agrees to correct promptly, at his own expense, defects or deficiencies in the Work which
appear prior to and during the two year period from the date of issue of the Substantial Completion
Certificate, and the Contractor further agrees to correct or pay for any damage to other work resulting from
the said defects or the correction thereof.
34.2
The Owner or the Engineer shall promptly notify the Contractor of any defects, and the Contractor shall
within 10 days perform the necessary work to correct the defect. In the event that this work is not done by
the Contractor within the 10 day period, or such further period as approved by the Engineer, the Owner may
perform or cause to be performed the necessary work and shall notify the Contractor accordingly.
34.3
All cost and expenses incurred in correcting any defects which appeared prior to and during the two year
maintenance period; whether performed by the Contractor, his representative, or the Owner or its
representatives; shall be borne by the Contractor. The Contractor shall, in addition, be liable to the Owner
for all expenses, losses, or damage incurred by the Owner as a result of such faulty materials and defective
workmanship as described in this Article or as a result of the Contractor's failure to correct the defects as
specified herein, including but not restricted to all extra engineering costs, inspection, and testing the work.
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Neither the Final Certificate of Payment, Substantial Completion Certificate or Construction Completion
Certificate, nor any payment made thereunder by the Owner, shall relieve the Contractor of his
responsibilities for faulty materials or defective workmanship.
ARTICLE 35 - PROTECTION OF WORK AND PROPERTY
35.1
The Contractor shall protect the Work, the Owner's property, and the property adjacent to the place of the
Work from damage and shall be responsible for damage which may arise as a result of his operations or the
operations of his Subcontractors under the Contract, and without restricting the generality of the foregoing,
the Contractor shall; in carrying out any ditching or excavation operations; take precautions to prevent
subsidence or withdrawal of support of sidewalks and curbs, roadways, structures, and existing utilities.
35.2
The Contractor shall be responsible for all loss and damage whatsoever which may occur on or to the
Works, completed or otherwise, until such time as the entire Works have been totally completed as certified
by the Engineer. In the event of any damage or injury caused by the Contractor in the performance of this
Contract, to the Work, the Owner's property or property adjacent to the place of Work, the Contractor shall
be responsible for the making good of such damage at his expense.
ARTICLE 36 - INDEMNITY
36.1
The Contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and
claims, demands, payments, actions, recoveries, and judgements of every nature and description brought or
recovered against him and/or the Owner or Engineer, by reason of any act or omission or alleged act or
omission of the Contractor, his agents, employees, or Subcontractors in the execution of the Work.
ARTICLE 37 - PERFORMANCE BOND, LABOUR AND MATERIALS BOND, AND MAINTENANCE
BOND
37.1
To ensure the faithful execution and proper fulfilment of this Contract and to ensure the proper maintenance
of the Works, the Contractor shall provide the Owner with a Performance Bond and a Labour and Materials
Payment Bond, each for the amount of 50% of the Contract amount including GST.
37.2
When required, the Contractor shall provide a Maintenance Bond or Irrevocable Letter of Credit for any
work having a maintenance period beyond the two-year maintenance period specified in Article 34.1. The
Maintenance Bond amount shall be in the amount of 50% of the cost of the Work extending beyond the
two-year period.
37.3
The above described Bonds must be issued by a Surety Company licensed to conduct business in the
Province of Alberta, and shall be provided to the Owner. Notwithstanding any other provisions of the
Contract Documents, the Owner shall not be required to make any payment whatsoever to the Contractor
until the above Bonds, duly executed, have been delivered to the Owner.
37.4
Samples of the various Bonds and Irrevocable Letters are included in Section 00 60 00.
ARTICLE 38 - CONTRACTOR'S INSURANCE
38.1
Without in any way limiting the obligations or liabilities of the Contractor, the Contractor shall maintain
and keep in force during the term of this Contract until the date of issuance of the Construction Completion
Certificate, with an Insurance Company or Companies and under policies of insurance acceptable to and
approved by the Owner, the following project based insurance with limits not less than that drawn
hereunder. When changes in the Contract are material to the risk the Contractor shall notify the Insurance
Company and the Surety.
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.1
Commercial / General Liability insurance in an amount not less than $2,000,000 per occurrence
and $5,000,000 in the aggregate amount.
.2
Automobile Liability insurance in an amount not less $2,000,000 per occurrence.
.3
Excess / Umbrella Liability insurance in an amount not less than $2,000,000 per occurrence.
38.2
The Contractor shall be solely responsible for payment of every deduction amount provided in any policy of
insurance furnished pursuant to this Article. Any deductible amount must be disclosed by the Contractor
and stated on the certificate upon submission.
38.3
The Contractor shall furnish, to the Owner prior to commencing any Work under the Contract, a certified
copy of each policy or policies evidencing such insurance including a certified copy of every endorsement
thereto, or a Certificate of Insurance in the form included in Section 00 60 00.06.
38.4
The Contractor shall furnish endorsements to such policies capable at law of being so endorsed, as follows:
.1
Providing that said insurance shall not be cancelled by the Contractor or the insurer, or modified to
reduce or remove coverage afforded to the Owner or otherwise prejudice the Owner without 30
days written notice by registered mail to the Owner.
.2
Providing all policies shall name the Owner as additional insured in the policies provided
hereunder.
ARTICLE 39 - PATENT FEES
39.1
The Contractor shall pay all royalties and license fees and shall indemnify and save the Owner harmless
from loss on account of suits or claims which may arise by reason of the Work, for infringement of patents
in force at the time of or after the signing of the Contract Documents.
ARTICLE 40 - LAWS, NOTICES, PERMITS, AND FEES
40.1
The Work shall be done in accordance with the laws of the Province of Alberta, and any Federal and/or
local regulations and by-laws governing the various phases of the Work.
40.2
It is the responsibility of the Contractor to obtain the permits, licenses, and certificates and to pay the fees
related thereto necessary to properly perform the Work; however, this shall not include the obtaining of
permanent easements or rights of servitude.
40.3
The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations,
codes, and orders of the authorities having jurisdiction which are in force during the performance of the
Work, which relate to the preservation of the public health and to construction safety. The Contractor shall
post and maintain, for the duration of the Work, a Safety Notice in the form provided in Section 00 60 00,
in a prominent location on the construction site.
40.4
If the Contractor becomes aware that the Contract Documents are at variance or contrary to any laws,
ordinances, rules, regulations, codes, and orders of the authorities having jurisdiction, and the Contractor
fails to notify the Engineer in writing and obtain his direction immediately, the Contractor shall be
responsible for and shall correct the violations thereof and shall bear the cost, expense, and damages
attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes,
and orders.
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ARTICLE 41 - TAXES AND DUTIES
41.1
Unless otherwise stated in the Contract Documents, the Contractor shall pay the applicable Government
sales taxes, customs, duties and excise taxes, which might arise in the performance of the Contract. Any
rebate of the Federal Goods and Services Tax shall accrue to the Owner.
ARTICLE 42 - INJURY OR DAMAGE TO PERSONS OR PROPERTY
42.1
The Contractor shall use due care and take all necessary precautions to ensure the protection of persons and
property, and shall comply with the provisions of the Workers' Compensation Act of Alberta. The
Contractor shall be liable for any and all injury or damage which may occur to persons or property due to
any act, omission, neglect, or default of the Contractor or his employees, workman or agents.
42.2
The Contractor shall, without further order, provide and maintain at all times during the progress or
suspension of the Work, suitable barricades, fences, signs, signal lights, and flagmen as are necessary to
ensure the safety of the public and of those engaged in the Work.
42.3
Notwithstanding any other provisions contained in the Contract Documents, in an emergency affecting the
safety of life of the Works, or of an adjoining property; the Contractor, without the necessity of
authorization from the Engineer, shall act in a reasonable manner to prevent loss or injury. The Contractor
shall not be entitled to any extra compensation for actions taken in such an emergency situation unless, in
the opinion of the Engineer, extra compensation is justified.
42.4
The Work shall be carried out in a manner that will cause the least interruption to vehicular and pedestrian
traffic. Where work has to be carried out on highways or properties other than those of the Owner, the
Contractor shall familiarize himself with the requirements of the Owner and controllers of those highways
or properties which pertain to traffic control and safety or which place limitations on the Work and shall
comply with such requirements.
ARTICLE 43 - FAILURE TO COMPLETE ON TIME
43.1
Should the Contractor fail to complete the Work under this Contract within the time specified, the Owner
shall be entitled to make deductions from payments due the Contractor to compensate himself for the
following:
.1
Loss of revenue during the extra time required to complete the Contract, if the completed project is
revenue-producing. This loss shall, where the same is available, be calculated on the basis of the
approved schedule of rates, rents, tolls, and/or property assessments established by the Owner.
.2
The cost of engineering services and associated expenses incurred during the extra time required to
complete the Contract.
.3
Any cost incurred by the Owner, resulting from the loss of use of the project, during the extra time
required to complete the Contract.
ARTICLE 44 - PROGRESS SCHEDULE
44.1
To enable the Work to be laid out and prosecuted in an orderly and expeditious manner, the Contractor,
within 15 days after the award of this Contract, shall, unless otherwise directed by the Engineer, submit to
him a proposed schedule showing the anticipated time of commencement and completion of each of the
various operations to be performed under this Contract; together with all necessary and appropriate
information regarding sequence and correlation of Work, and an estimated time required for delivery of all
materials and equipment required for the Work. At the same time, he shall also submit a description of the
construction equipment he proposes to place in the Work. The proposed schedule and machine force shall
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be revised as directed by the Engineer until finally approved by him; and after such approval, shall be
strictly adhered to by the Contractor, unless, upon written permission of the Engineer, it is changed.
If the Contractor fails to adhere to the approved progress schedule, he must promptly adopt such other or
additional means and methods of construction that will make up for the time lost and will assure completion
in accordance with such schedule.
ARTICLE 45 - DELAYS
45.1
If the Contractor is delayed in the completion of the Work; by any act or omission of the Owner, the
Engineer, Other Contractor, or anyone employed or engaged by them, or by changes ordered in the Work;
then the time of completion shall be extended for such reasonable time as the Engineer may decide. If the
Contractor is delayed in completion of the Work by labour disputes, strikes, lockouts (including lockouts
decreed or recommended by a recognized contractors' association for its members of which the Contractor
is a member), fire, unusual delay by common carriers, unavoidable casualties, or by any cause of any kind
whatsoever beyond the Contractor's control, then at the Engineer's discretion, the time of completion shall
be extended for a period of time equal to the time lost due to such delays.
45.2
Inclement weather shall not be a prima facie reason for the granting of an extension of time, and the
Contractor shall make every effort to continue work under the prevailing conditions. The Owner may,
however, grant an extension of time if an unavoidable delay as a result of inclement weather in fact occurs.
An “inclement” weather day is defined as a day on which the Contractor is prevented by inclement weather
or conditions resulting therefrom, from proceeding with at least 75% of the normal labour and equipment
force for at least 75% of the normal work day being spent on an operation or operations which control the
Contract schedule.
45.3
No extension shall be made for delay unless written notice of claim is given to the Engineer not later than
14 days after the commencement of delay; providing, however, that in the case of the continuing cause of
delay, only 1 notice of claim shall be necessary.
ARTICLE 46 - CHANGES IN WORK
46.1
The Engineer, without invalidating the Contract, may make changes by altering, adding to, or deducting
from the Work, the Contract price being adjusted accordingly. All such work shall be done under the
provisions of the original Contract, except that any claim for extension or reduction of time caused thereby
shall be adjusted at the time of ordering such change.
46.2
No change shall be made except on written order from the Engineer and no claim based on an addition to or
deduction from the Contract price shall be valid unless so ordered.
ARTICLE 47 - VALUATION OF CHANGES
47.1
If, in the opinion of the Engineer, any change referred to in Article 46 affects the Contract price,
adjustments will be made at the time of the ordering of the changes. The value of the addition or deduction
from the Contract price shall be decided by the Engineer. The Engineer will use one or more of the
following methods in deciding such value:
.1
By estimate and acceptance in a lump sum;
.2
By unit prices agreed upon in the Contract Documents or in writing by the parties;
.3
By cost and percentage on force account work;
.4
By variation of the Contract unit price.
THE CITY OF
RED DEER
47.2
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 17 of 24
The following percentage mark-ups shall be applied to authorized extra work determined by the method
outlined in 47.1.3:
.1
Contractor on His Own Work
Ten percent for overhead and profit on the total actual cost of material. Labour rates shall be
quoted as an hourly rate and shall be full compensation for profit and overhead, including Workers'
Compensation, holiday pay, and Unemployment Insurance.
.2
Subcontractor's on Their Own Work
Ten percent for overhead and profit on the total actual cost of material. Labour rates shall be
quoted as an hourly rate and shall be full compensation for profit and overhead, including Worker's
Compensation, holiday pay, and Unemployment Insurance.
.3
Contractor on Subcontractor's Work
Five percent on the total of the approved Subcontractor's quotation, excluding equipment rentals.
47.3
Rental rates on equipment shall be paid hereinafter set out in Article 48 (Force Account Rates).
47.4
When a change in the Work is proposed or required, the Contractor shall present to the Engineer, for
approval, his claim for a change in the Contract price and change in Contract time with appropriate
documentation in a form acceptable to the Engineer. The Engineer will satisfy himself as to the correctness
of such claim and when approved by the Owner, a change order shall be issued to the Contractor amending
the Contract price and Contract time as appropriate. The value of work performed in the change shall be
included for payment with the regular certificates for payment.
47.5
In the case of changes in the Work to be paid for pursuant to methods 47.1.2 and 47.1.3 above, the form of
presentation of costs and methods of measurement shall be prescribed by the Engineer before proceeding
with the change. The Contractor shall keep accurate records of any quantities or costs and present an
account of the cost of the change in the Work, together with vouchers and receipts.
47.6
If the method of valuation, measurement, change in Contract price, and change in Contract time cannot be
promptly agreed upon and the change is required to be proceeded with, then the Engineer, in the first
instance, will determine the method of valuation, measurement, the change in Contract price and Contract
time, subject to final determination in the manner set out hereinafter in Article 23 (Disputes). In this case,
the Engineer will, with the consent of the Owner, issue a written authorization for the change setting out the
method of valuation and if by lump sum, his valuation of the change in Contract price and Contract time.
47.7
In the case of a Dispute of the valuation of a change authorized in the Work and pending final determination
of such value, the Engineer will certify the value of the Work performed in accordance with his own
valuation of the change and include the appropriate amount with the regular certificates for payment. The
Contractor shall keep accurate records of quantities and costs of such work.
47.8
Should the actual quantity of an item in the Tender Form vary by more than 15% of the estimated quantity,
either the Owner or the Contractor may request a revision of the Contract unit price contained in the Tender
Form. Such a request for a revision in a Contract unit price shall be given as soon as reasonably possible
after the party concerned becomes aware of the circumstances.
THE CITY OF
RED DEER
47.9
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 18 of 24
If a revision to a Contract Unit Price is negotiated, then
.1
the revised unit price in the case of a decrease of more than 15% of the estimated quantity, will
apply to the actual work performed for that item; and
.2
the revised unit price, in the case of an increase of more than 15% of the estimated quantity, will
apply to the quantity of work in excess of the estimated quantity for that item only.
47.10
If either party requests renegotiation of a Contract unit price, both parties agree to act promptly in order to
arrive at an equitable revision of the Contract unit price prior to proceeding with the Work so affected. If
agreement of such renegotiation cannot be reached, the Contractor shall proceed with the Work and the
matter shall be subject to final determination in the manner set out in Article 23 (Disputes). Pending such
settlement, payment for the work performed shall be made on the regular certificates for payment on the
basis of the Contract unit prices.
47.11
In all matters relating to valuation and certification of changes in the Work, both the Contractor and the
Engineer shall act promptly.
ARTICLE 48 - FORCE ACCOUNT RATES
48.1
Force account records shall be submitted daily. No claim for force account work or payment thereunder
shall be made for force account records not submitted in accordance with this Article. The submission to,
acceptance by, or approval by the Engineer of daily force account records shall not at any time be deemed
to be admission that the Work is properly chargeable to force account.
48.2
Unless otherwise specified in the Contract Documents, rental rates for Contractors' equipment for force
account work shall be in accordance with the current rates as administered by Alberta Road Builders and
the Heavy Construction Association. All rates include overhead, profit, operator's wages, fuel, oil, repairs,
servicing, and all other incidentals. Rental rates will be paid only for the actual time equipment is used
under force account, and no stand-by time will be allowed for other equipment not required during this
period.
48.3
If the Contract is not completely performed within the time specified in the Contract Document, the force
account rates shall be the rates that were in effect up to the original date of completion.
ARTICLE 49 - DISPOSITION OF PROVISIONAL COST SUM AND CONTINGENCY SUM
49.1
No portion of the provisional cost sums or contingency allowances set out in the Tender Form shall be
allotted to the performance, the correction or replacement of any work which the Contractor is required to
do under the terms of the Contract Documents. In the event there are changes, modifications, or alterations
made in any of the Contract Documents or by additional instructions that would lead to an increase in the
total costs of the Work, and if such changes have been approved by the Engineer and are chargeable to the
Owner, then such amount shall first be set off against the provisional cost sums and contingency allowances
set out in the Tender Form. Unless there are extra-approved expenditures pursuant to the provisions of these
General Conditions, the Contractor shall have no right to or claim against any part of the provisional cost
sums and contingency allowances.
ARTICLE 50 - APPLICATIONS FOR PAYMENTS
50.1
Applications for payment on account may be made monthly as the Work progresses. Applications for
payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be
for the value, proportionate to the amount of the Contract, of Work performed, and materials delivered to
the place of work at that date.
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 19 of 24
50.2
The Contractor shall submit to the Engineer, at least 14 days before the first application for payment, a
balanced schedule of values of the various part of the Work, aggregating the total amount of the Contract
price so as to facilitate evaluation of applications for payment. This schedule shall be made out in such form
and supported by such evidence as to its correctness as the Engineer may require; and when approved by the
Engineer, it shall be used as the basis for applications for payment, unless it is found to be in error.
50.3
When making applications for payment, the Contractor shall submit a statement based upon the schedule,
together with a Statutory Declaration, in the form provided in Section 00 60 00.08. Such evidence shall
support claims for materials delivered to the place of work, but not yet incorporated into the Work, as the
Engineer may reasonably require establishing the value of the materials.
50.4
Applications for release of holdback monies following Substantial Completion of the Work and the
application for final payment following issuance of the Construction Completion Certificate shall be made
at the time and in the manner set forth in Article 51 (Certificates and Payments).
ARTICLE 51 - CERTIFICATES AND PAYMENTS
51.1
The Engineer will, no later than 10 days after the receipt of an application for payment from the Contractor
submitted in accordance with Article 50 (Applications for Payments), issue a certificate for payment in the
amount applied for or in such other amount as the Engineer determines to be properly due. If the Engineer
amends the application, he will promptly notify the Contractor in writing giving his reasons for the
amendment.
51.2
The Owner shall make prompt payment to the Contractor on account, in accordance with the provisions of
Section 00 50 00, Article 2.
51.3
The Owner acknowledges that the Contractor or any Subcontractor has the right to issue a Certificate of
Substantial Performance, in accordance with the Builders' Lien Act; however, notwithstanding such right,
the Engineer shall, no later than 10 days after the receipt of an application from the Contractor for a
Substantial Completion Certificate of the Work, make an inspection and assessment of the Work to verify
the validity of the application. The Engineer shall, no later than seven days after his inspection, notify the
Contractor of his approval or the reasons for his disapproval of the application. If the Substantial
Completion Certificate is to be issued, the list of possible deficiencies shall be attached to the Certificate.
The date of Substantial Completion of the Work shall be stated in the Certificate. Immediately following the
issuance of the Certificate of Substantial Completion of the Work, the Engineer in consultation with the
Contractor, shall establish a reasonable date for construction completion.
51.4
Immediately following the issuance of the Substantial Completion Certificate, the Engineer will issue a
certificate for payment of holdback monies. The holdback monies authorized by this certificate shall
become due and payable to the Contractor on the 46th day following the date of Substantial Completion, as
certified by the Engineer, providing that
.1
the Contractor has provided to the Engineer a Certified Certificate of Title (or Titles) from the
proper Land Titles Office evidencing that as of the 46th day following the date of Substantial
Completion, no Affidavit of Lien or Liens have been filed or other matter recorded to make
effective any Builders' Lien or claim;
.2
the Contractor has complied with any conditions imposed by the Owner in his acceptance of the
recommendation of the Engineer to issue the Substantial Completion Certificate;
.3
the Contractor has filed with the Owner a current Certificate of the Workers' Compensation Board
evidencing that all assessments due to the Board by the Contractor have been paid;
THE CITY OF
RED DEER
.4
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 20 of 24
the Contractor has submitted to the Owner a sworn Statutory Declaration, in the form provided in
Section 00 60 00.08, that all accounts for labour, contracts, subcontracts, products and materials,
construction machinery and equipment and other indebtedness which may have been incurred by
the Contractor in the Substantial Completion of the Work and for which the Owner might in any
way be held responsible, have been paid in full, except holdback monies properly retained.
51.5
Where, upon the application of the Contractor, the Engineer certifies that the Work of a Subcontractor has
been substantially completed to his satisfaction prior to the Substantial Completion of the Contractor's
Work, the Owner may pay to the Contractor the holdback monies retained for such Subcontractor on the
46th day following the date on which the Engineer certifies that the Work of the Subcontractor has been
substantially completed and any amounts so paid shall be deducted from the remainder of the Contract
price. In making such an application, the Contractor will provide the Engineer with any documentation;
which, in the opinion of the Engineer, is necessary to release the Owner from any obligations to the
Subcontractor and Contractor, as the case may be.
51.6
The Engineer will, no later than 10 days after the receipt of an application from the Contractor for a
Construction Completion Certificate, make an inspection and assessment of the Work to verify the validity
of the application. The Engineer will, no later than seven days after his inspection, notify the Contractor of
his approval or the reasons for his disapproval of the application. When the Engineer finds that construction
completion has been reached, he will issue a Construction Completion Certificate and certify for payment
the remaining monies due to the Contractor under the Contract, less holdback monies that are required to be
retained. The date of construction completion of the Work shall be stated on the Certificate. Subject to the
provisions of Article 31 (Workers' Compensation Insurance), the Owner shall make prompt payment to the
Contractor in accordance with the provisions of Article 2 of the Agreement Form.
51.7
The release of the remaining holdback monies shall become due and payable on the 46th day following the
date on which the Engineer has certified that the Work has been totally completed, providing that
51.8
.1
the Contractor has provided to the Engineer a Certified Certificate of Title from the proper Land
Titles Office evidencing that as of the 46th day following the date of Construction Completion, no
Notice of Affidavit of Lien or Liens have been filed or other matters recorded to make effective
any Builders' Lien or claim;
.2
the Contractor has complied with any conditions imposed by the Owner in his acceptance of the
recommendation of the Engineer to issue said total Completion Certificate;
.3
the Contractor has filed with the Owner a current Certificate of the Workers' Compensation Board
evidencing that all assessments due to the Board by the Contractor have been paid;
.4
the Contractor has submitted to the Owner a sworn Statutory Declaration, in the form provided in
Section 00 60 00.08, indicating that all accounts for labour, contracts, subcontracts, products and
materials, construction machinery and equipment, and other indebtedness which may have been
incurred by the Contractor in completion of construction and for which the Owner might in any
way be held responsible, have been paid in full; except holdback monies properly retained;
.5
the Contractor and all Subcontractors have obtained and paid for all permits and licenses required
either by the Province, the Municipality, or any other Authority having jurisdiction over the work
performed.
No payment made by the Owner under this Contract, or partial or entire use or occupancy of the Work by
the Owner, shall constitute an acceptance of Work or products, which are not in accordance with the
requirements of the Contract Documents.
THE CITY OF
GENERAL CONDITIONS
OF THE CONTRACT
RED DEER
DIVISION 00
Section 00 71 00
Page 21 of 24
51.9
All certificates issued by the Engineer shall be correct and complete to the best of his knowledge,
information, and belief. By issuing any certificate, the Engineer does not guarantee correctness or
completeness of the Work.
51.10
The acceptance by the Contractor of final payment after issuance of the Construction Completion
Certificate shall constitute a waiver and release by the Contractor of all claims against the Owner; except
any claims previously made and remaining unsettled at that time.
51.11
The maintenance period will commence on the date of Substantial Completion of the Work.
ARTICLE 52 - PAYMENT WITHHELD
52.1
52.2
Upon receipt of a Certificate in writing from the Engineer stating that, in his opinion, justification exists, the
Owner may withhold or nullify, on written notice to the Contractor specifying the ground or grounds relied
on, the whole or any part of any payment to the extent necessary to protect himself from loss on account of
one or more of the following:
.1
That the Contractor is not making satisfactory progress in the opinion of the Engineer;
.2
That defective work is not being remedied in a manner satisfactory to the Engineer;
.3
That there are Affidavits of Lien or Liens filed against the land and premises on which the Work is
done or is being done, or reasonable evidence of the probable filing of such Affidavits of Lien or
Liens;
.4
That the Contractor is failing to make prompt payments as they become due to Subcontractors or
for material or labour;
.5
That there exists unsatisfied claims for damages caused by the Contractor to anyone employed on
the site or in connection with the Work.
Where Subcontractors or suppliers of material are not receiving prompt payment, the Owner may make
payment to such Subcontractors or suppliers directly and deduct the amount of such payments from amounts
otherwise due to the Contractor, if the Contractor fails to do so upon five days notice from the Owner.
ARTICLE 53 - LIENS
53.1
The Contractor shall remove or cause to be removed all Affidavits of lien or liens filed or registered against
the lands and premises on which the Work is being performed or has been performed which claim of Lien
or Liens arise out of anything done or to be done under this Contract. Such removal shall be affected by the
Contractor forthwith upon demand by the Owner or the Engineer.
53.2
Article 53.1. does not apply to Liens filed by the Contractor.
53.3
Notwithstanding any other provisions herein, the Contractor shall indemnify and hold harmless the Owner
from all demands, damages, costs, losses, and actions arising in any way out of a lien or liens which arise
out of anything done or to be done under the Contract; and if the contractor fails to remove all liens
promptly, the Owner shall be at liberty to remove same in any manner he chooses at the expense of the
Contractor.
ARTICLE 54 - DEDUCTIONS FOR INCOMPLETE WORK AND DEFICIENCIES
54.1
For the purpose of this Contract, where the Work or a substantial part thereof is ready for use or is being
used for the purpose intended, and where the Work cannot be completed expeditiously or defects or
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 22 of 24
deficiencies cannot be corrected promptly because of climatic or other similar conditions reasonably beyond
the control of the Contractor, the value of the Work to be completed or materials to be furnished, as
calculated by the Engineer, shall be deducted from the contract price in determining Seasonal or Substantial
Completion.
In this situation, the Contractor may, in writing, request from the Engineer a Seasonal or Substantial
Completion Certificate. Such request shall be accompanied by a written statement that all claims and
demands of the Contractor for extra work or otherwise in connection with the work to be accepted, have
been presented in writing.
If the Engineer considers such request to be reasonable, he will carry out an inspection and will notify the
Contractor, in writing, of any defects or deficiencies, which require correction before he will recommend
Seasonal or Substantial Completion. The Engineer will prepare an additional list of defects and deficiencies
which, in his opinion, do not impair the usefulness to the Owner of the whole Work and the correction of
which may reasonably be deferred. The list shall state the amount, which the Engineer considers to be the
cost of completing such Work and correcting such defects and deficiencies. When all of the Work has been
performed and defects and deficiencies corrected, other than those on this list, the Engineer will recommend
to the Owner that a Seasonal or Substantial Completion Certificate be issued to the Contractor. If the Owner
accepts this recommendation, a Seasonal or Substantial Completion Certificate will be issued to the
Contractor stating the Work to be performed, the defects and deficiencies to be corrected, and the estimated
cost thereof. The Seasonal or Substantial Completion Certificate shall fix the date within which all such
Work shall be performed and within which the defects and deficiencies shall be corrected.
54.2
The Owner, when evaluating an application for Seasonal or Substantial Completion, shall take into
consideration the effect of applicable Builders' Lien legislation and the Owner may make his acceptance
conditional on the Contractor providing written consents of sureties under any maintenance, Performance or
Labour and Materials Payment Bonds, or any other documentation deemed necessary to ensure that no
Surety or Guarantor shall be relieved of his obligations.
54.3
If the Contractor does not complete the Work or correct the defects and deficiencies listed on the Seasonal
or Substantial Completion Certificate within the time specified therein, the Owner may have the Work
performed and the defects and deficiencies corrected by any means he deems appropriate; the costs of
which shall be borne by the Contractor.
54.4
If the Owner issues a Seasonal or Substantial Completion Certificate, the Engineer shall prepare a list of
incomplete work and deficiencies indicating the total value of any incomplete Work pursuant to the
Contract, together with an estimate of the cost to complete and correct any defects or deficiencies, including
the costs of any additional expenses for engineering, surveying, testing, or administration caused by failure
of the Contractor, if any, to complete the Work on schedule.
54.5
In preparing a certificate of payment to the Contractor pursuant to the Seasonal or Substantial Completion
Certificate, the Owner may deduct a sum equivalent up to two times the amount shown on the Substantial
Completion Certificate to be the estimated cost of performing the incomplete Work and correcting the
defects and deficiencies, together with the necessary amount to be retained pursuant to the applicable
Builders' Lien legislation; and the Contractor shall not be entitled to claim for any damages or lost profits
suffered by reason of such deduction. If the amount to be withheld in respect of Work completed, or
defects or deficiencies still to be corrected, exceeds the amount otherwise payable to the Contractor, the
excess shall be withheld from the amount of the Builders' Lien holdback which the Contractor is entitled to.
54.6
Notwithstanding anything stated under clauses 54.1 through 54.5, the Owner may, at its sole discretion and
for multi-stage projects as identified by the Owner, choose to progressively release holdbacks for any
identified schedule of the project. The releases shall not override anything stated above and shall have no
effect to the bonding validity or to the maintenance period. Both, bonding terms and the maintenance
period are still to be triggered by Substantial Completion of the Work.
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 23 of 24
ARTICLE 55 - CUTTING, PATCHING, AND DIGGING
55.1
The Contractor shall do all cutting, fitting, or patching of the Work that may be required to make its parts
come together properly, and to connect properly with the Work of Other Contractors shown in, or
reasonably applied by, the Contract Documents, and the Contractor shall make good after them, as the
Engineer may direct.
55.2
The Contractor shall not endanger any existing work by cutting, digging, or otherwise; and shall not cut or
alter the Work of any Other Contractor, except with the consent of the Engineer and then only to the extent
permitted by the Engineer.
ARTICLE 56 - CLEAN UP
56.1
The Contractor shall maintain the Work in a safe and tidy condition and free from any accumulation of
waste products and debris.
56.2
Upon obtaining Substantial Completion of the Work, the Contractor shall remove his surplus products,
tools, construction machinery, and equipment not required for the performance of the remaining Work. He
shall also remove waste products and debris, and leave the Work clean and suitable for occupancy unless
otherwise specified.
56.3
Construction Completion shall not be obtained until the Contractor has removed his surplus products, tools,
construction machinery and equipment, waste products, and debris. If the Contractor fails to comply with
the provisions of this Article, the Owner may remove any surplus products, tools, construction machinery
and equipment, waste products and debris left on the Work site by the Contractor; and any incidental costs
incurred, including storage costs, shall be expensed to the Contractor or deducted from any further monies
owing to the Contractor pursuant to the Contract.
ARTICLE 57 - PAYMENT FOR GENERAL REQUIREMENTS
57.1
All Work described in the General Requirements of the Contract Specifications (Section 01 14 00 to
Section 01 78 00) is considered incidental to Work described elsewhere, and there shall be no separate
payment for work required by the General Requirements, unless otherwise specified.
ARTICLE 58 - FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
58.1
Any information collected or generated by the Contractor in the course of the performance of the Contract,
is the sole property of The City of Red Deer and it is subject to the Freedom of Information and Protection
of Privacy Act, as well as all other regulation requirements governing the management of personal
information.
ARTICLE 59 – AGENCY
59.1
The Contractor, while performing any services under this Agreement, is an independent Contractor and is not
an agent of the Owner.
ARTICLE 60 – PRIME CONTRACTOR
60.1
The Contractor will be assigned the responsibilities and duties of the “Prime Contractor” as defined in the
Occupational Health and Safety Act. The Prime Contractor shall, to the extent required by the Occupational
Health and Safety Act, establish and maintain a Health and Safety system or process to ensure compliance
with the Act and Regulations by all his employees, subcontractors and others on the site.
THE CITY OF
RED DEER
GENERAL CONDITIONS
OF THE CONTRACT
DIVISION 00
Section 00 71 00
Page 24 of 24
60.2
The Contractor shall provide to the Engineer a copy of the Contractor’s Safety Management Program and
Safety Policy. A copy of such manual shall be available for review by the Contractor’s employees and
subcontractors at all times.
60.3
The Contractor shall conduct regular safety meetings and shall submit minutes of such meetings to the
Engineer in a timely manner.
ARTICLE 61 – SUSPENSION OF WORK
61.1
61.2
61.3
The Owner may at any time and at its sole discretion suspend the Work for a specified or unspecified time by
a written notice to the Contractor.
Upon receiving notice of suspension the Contractor shall immediately suspend all operations except those
which in the Owner’s opinion are necessary to preserve, care for and protect the job site.
The Contractor shall only be entitled to be reimbursed for its reasonable, proper and actual expenses incurred
in protecting, caring for and preserving the job site.
END OF DOCUMENT
THE CITY OF
RED DEER
SUPPLEMENTARY GENERAL
CONDITIONS
DIVISION 00
Section 00 72 00
Page 1 of 1
This Section includes modifications to Section 00 71 00 - General Conditions for requirements
unique to a specific project.
Examples of Items that may be amended or included are:
Anti-pollution Measures
Assigned Contracts
Health and Safety Criteria
Revised Insurance Requirements
Letter of Assent
Procurement Contracts
Specific Project Requirements
Statutory Requirements
Information should be provided in Section 00 30 00 – Available Project Information.