TC - PAGE 1 LUMP SUM CONTRACT Resort Municipality of Whistler PROJECT TENDER DOCUMENT Contract 895 Whistler Fitzsimmons Bike Park Whistler, BC Table of Contents Table of Contents Invitation to Tender Instructions to Tenderers, Part I Form of Tender Appendix 1 – Schedule of Quantities and Prices Appendix 2 – Preliminary Construction Schedule Appendix 3 - Construction Methodology Appendix 4 – Experience of Superintendent Appendix 5 – Comparable Work Experience Appendix 6 – Subcontractors Agreement Between Owner and Contractor Schedule 1 – Schedule of Contract Documents Schedule 2 – List of Supplementary Drawings Supplementary Specifications * Instructions to Tenderers Part II General Conditions, Specifications, and Standard Detail Drawings Note: NOT included, Contractor responsible to refer to these MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials INV - PAGE 1 LUMP SUM CONTRACT INVITATION TO TENDER Resort Municipality of Whistler Contract: Whistler Fitzsimmons Bike Park Reference No.: 895 The Owner invites tenders for: The proposed Whistler Fitzsimmons Bike Park including but not limited to, trail construction, dirt jump construction, and pumptrack construction. Tenders are scheduled to close at: Tender Closing Time: 4:00pm local time th Tender Closing Date: Monday April 24 , 2017 Substantial Completion: rd June 23 , 2017 Tenders may be submitted by email to: [email protected] Or submitted to: Tom Barratt Ltd, 8605 Drifter Way, Whistler, B.C. V0N 1B8 Attention: Annie Oja Mandatory Site Meeting: April 12 @ 10am – Meet at Whistler Skateboard Park th MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials INV - PAGE 1 LUMP SUM CONTRACT Project Description The Resort Municipality of Whistler is upgrading and expanding the bike skills area and dirt jump area adjacent to Fitzsimmon’s Creek and the Skateboard Park. The existing dirt jumps are to be demolished and rebuilt in the adjacent dry creek bed. The area where the dirt jumps are currently located is to become the new skills area. A new beginner and intermediate pumptrack will also be built next to the skate park. The intent of Whistler’s Fitzsimmons Bike Park is to provide a unique bike park experience for riders of all ages and abilities while also providing a space for gathering, observing and celebrating one of this community’s core cultural activities. The fundamental design principal of the bike park is to provide a clear progression of difficulty to the rider, creating opportunities for riders to improve their skills in a predictable environment. Layout and character of the park helps easily identify zones of similar skill level and will provide a consistency in the design of the features with incremental changes in size and difficulty. 1. Scope of Work The work will generally include, but will not be limited to: • Demolition of existing dirt jump area and re-grading the site as per the new grading plan • Clearing of all organic material within the dry creek bed • Construction of new beginner & intermediate pumptracks (L1.0 Site Plan Trail Legend 10, 11) • Construction of new dirt jump lines in the adjacent dry creek bed (L1.0 Site Plan Trail Legend 3, 4, 5, 6) • Construction of new beginner jump trails (L1.0 Site Plan Trail Legend 1 & 2) • Construction of staging areas and return trails • Installation of necessary construction signage • Installation of drainage swale through dry creek bed, Ensure positive drainage for all trail construction • Remediation to all disturbed areas with grass seed • Temporary construction fencing (where needed) • Maintain a safe and secured construction site • Complete site clean-up • Coordinate the bike park construction with the other site contractors - Civil, Landscape, RMOW • The RMOW will be responsible for the demolition and relocation of existing Bike Skills Features adjacent to Parking Lot 3 • The RMOW will be responsible for construction of new beginner/ intermediate skills area (L1.0 Site Plan Trail Legend 9) 2. Equipment, Materials, & Workmanship Contractor equipment, materials, tools and workmanship shall comply with all applicable current codes, standards, and regulations. Equipment must be in good mechanical repair and not require excessive maintenance or create excessive down time that jeopardizes the Contractors ability to provide services agreed to. All Work shall be performed by skilled, qualified, and experienced trades’ personnel. The Contractor and persons hired by it to perform the Work shall at all times by properly attired and shall be courteous to the public and perform the work in a manner that minimizes any inconvenience or nuisance to the public. An existing hose bib exists on-site and may be used throughout construction. 3. Insurance Requirements MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials INV - PAGE 1 LUMP SUM CONTRACT The Contractor shall carry Commercial General Liability (CGL) Insurance satisfactory to the RMOW at an amount of FIVE MILLION DOLLARS ($5,000,000) inclusive per occurrence. The Contractor shall submit, upon award by the Resort Municipality of Whistler, a Certificate of Insurance that the required insurance policies are in force and that the Resort Municipality of Whistler shall be named as “additional insured’/ The policy shall not be cancelled, lapsed, transferred, assigned or materially altered without at least thirty (30) days written notice to the Resort Municipality of Whistler and the Municipality’s written approval of the cancellation, transfer, assignment, or alteration. 4. WorkSafeBC All work shall be performed in strict accordance with the Workers Compensation Act and WorkSafeBC Occupational Health and Safety Regulation, and in accordance with all other applicable policies, guidelines, and standards from authorities having jurisdiction. WCB Clearance Letter required prior to commencement of work 5. Site Control and Organization The Contractor shall at all times be responsible for maintaining safety zones around the worksite with safety barricades and signage to protect workers, Municipal Staff, and Public. The Contractor is to use construction fencing, barriers and signage as required, to create safe detours around the construction zone as required. When unsafe, or not practical to create safe detours, the contractor is to use barriers and signage at all egress points to close access to the public. The Contract shall at all times keep the site secure, safe, clean, and orderly as the Work allows, with the removal of trash and debris daily. 6. Construction/Demolition Hours Any noise or sounds made by the operation of machinery and equipment and any noise from construction, alteration and demolition are limited between the hours of 8 am to 8 pm, 7 days a week or hours of operation set by the Resort Municipality of Whistler Bylaw department. rd Whistler Half Marathon will be Saturday June 3 . Event is scheduled to use the valley trail from Day Skier Lot 1 past the dirt jumps heading to Lost Lake and must not be obstructed on this day. Valley Trail asphalt may be removed prior to this day, compacted and smooth gravel is acceptable surface for the event. 7. Hours of Work Between 7am – 9pm 7 days a week. No construction noise permitted before 8am or after 8pm. Saturday, Sunday, and Statutory holiday work shall be permitted. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials IT – PART 1 CONTENTS LUMP SUM CONTRACT INSTRUCTIONS TO TENDERERS PART I TABLE OF CONTENTS Page Introduction 1 Tender Documents 1 Submission of Tenders 2 Additional Instructions to Tenderers 3 MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials IT –PAGE 1 LUMP SUM CONTRACT Instructions to Tenderers – Part I (TO BE READ WITH “INSTRUCTIONS TO TENDERERS - PART II” CONTAINED IN THE EDITION OF THE PUBLICATION “MASTER MUNICIPAL CONSTRUCTION DOCUMENTS” SPECIFIED IN ARTICLE 2.2 BELOW) Resort Municipality of Whistler (NAME OF OWNER) Contract: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) Reference No.: Introduction 895 (OWNER’S CONTRACT REFERENCE NO.) 1. 1.1. These Instructions apply to and govern the preparation of tenders for this Contract. The Contract is generally for the following work: The proposed Whistler Fitzsimmons Bike Park including but not limited to, trail construction, dirt jump construction, and pumptrack construction. 1.2 Direct all technical inquiries regarding the Contract, to: Annie Oja – Tom Barratt Ltd. 8605 Drifter Way Whistler, BC V0N 1B8 Phone: 604 932 3040 email: [email protected] Tender Documents 2. 2.1 MMCD - JANUARY 1996 (REV. APRIL 2000) The tender documents which a tenderer should review to prepare a tender consist of all of the Contract Documents listed in Schedule 1 entitled “Schedule of Contract Documents”. Schedule 1 is attached to the Agreement which is included as part of the tender package. The Contract Documents include the drawings listed in Schedule 2 to the Agreement, entitled “List of Contract Drawings”. Tenderer’s Initials IT –PAGE 2 LUMP SUM CONTRACT Submission of Tenders 2.2 A portion of the Contract Documents are included by reference. Copies of these documents have not been included with the tender package. Contractor responsible to refer to these documents: the Instructions to Tenderers - Part II, General Conditions, Specifications and Standard Detail Drawings. They are those contained in the publication entitled “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings”. Refer to Schedule 1 to the Agreement or, if not specified in Schedule 1, then the applicable edition shall be the most recent edition as of the date of the Tender Closing Date. All sections of this publication are by reference included in the Contract Documents. 2.3 Any additional information made available to tenderers prior to the Tender Closing Time by the Owner or representative of the Owner, such as geotechnical reports or as-built plans, which is not expressly included in Schedule 1 or Schedule 2 to the Agreement, is not included in the Contract Documents. Such additional information is made available only for the assistance of tenderers who must make their own judgement about its reliability, accuracy, completeness and relevance to the Contract, and neither the Owner nor any representative of the Owner gives any guarantee or representation that the additional information is reliable, accurate, complete or relevant. 3. 3.1 Tenders must be submitted in a sealed envelope, marked on the outside with the above Contract Title and Reference No., and must be received by the office of: Tom Barratt Ltd., Contract Administrator on or before: Tender Closing Time 4:00pm local time Tender Closing Date: Monday April 24 , 2017 th at Address: Annie Oja – Tom Barratt Ltd. 8605 Drifter Way Whistler, BC, V0N 2L0 Or by email: [email protected] 3.2 MMCD - JANUARY 1996 (REV. APRIL 2000) Late tenders will not be accepted or considered, and will be returned unopened. Tenderer’s Initials IT –PAGE 3 LUMP SUM CONTRACT Additional Instructions to Tenderers 4. 4.1 Clarification Requests - If a Bidder finds any discrepancies, omissions, ambiguities or conflicts among the Tender Documents, or is in doubt as to their meaning, the Bidder must bring them to the attention of Tom Barratt Ltd. not less than three (3) business days prior to the Closing Date. 4.2 Completing the Form of Tender The submitted Form of Tender must be legible, written in ink, or by typewriter and ALL ITEMS MUST BE BID, unless the Form of Tender specifically permits otherwise, with the price for every item and other extras clearly shown. Each page must be initialed by the Tenderer. The Tenderer shall be deemed to have satisfied himself as to the sufficiency of his tender for the work and of the lump sum prices stated in the Form of Tender. These prices shall cover all his costs including overhead, profit and tax, except for the GST as explained in the following paragraphs of this section, for carrying out the works and his obligations under this Contract. The "Amount" column shall be totaled in groups of items as shown and each total for a group of items shall be carried to the Summary Sheet for insertion in the appropriate place. The totals for all groups of items shall be added to give the Total Tender Price, Tax shall be calculated separately then added to arrive at the Total Tender Price including tax. 4.3 Right to Accept or Reject Tenders The Owner reserves the right to reject any or all tenders or to accept any tender should it be deemed in the interest of the Owner to do so. The lowest tender will not necessarily be accepted. For each item listed in the Form of Tender, there shall be a reasonable unit price. Under no conditions will an unbalanced tender be considered. The Owner will be the sole judge of such matters. Any tender considered to be unbalanced shall be rejected by the Owner. Without limiting the generality of the foregoing, any tender may be disqualified or rejected which is incomplete, obscure or irregular, which had erasures or corrections in the Form of Tender, in which prices are omitted or which has an insufficient or irregular Surety. 4.4 Contract Time The Tenderer may alter the contract time noted in the Form of Tender; however, he shall be responsible for inspection costs incurred for each working day beyond the noted time subject to the Provisions of the General Conditions. The applicable cost will be $950.00 per working day, excluding overtime work which will be subject to the provisions of Clause 4.6 - 'Overtime Work' of the Instructions to Tenderers. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials IT –PAGE 4 LUMP SUM CONTRACT 4.5 Hours of Work Between 7am – 9pm 7 days a week. No construction noise permitted before 8am or after 8pm. Saturday, Sunday, and Statutory holiday work shall be permitted. 4.6 Overtime Work The Contractor should not schedule construction work requiring inspection in excess of the standard 40-hour working week. With approval of the Contract Administrator, extended working hours on working days will be permitted for operations which must reasonably be completed on that date. The Contractor will be charged for the costs of inspection required during overtime hours, during weekends and during statutory holidays. Overtime hours will be determined in accordance with the Employment Standards as set by the Province of B.C. 4.7 Budget Constraints Depending on the available funds to complete the capital works program, the scope of work may be decreased due to budget constraints. The Owner reserves the right to reduce or remove projects based on available funds. 4.8 Mandatory Site Meeting th, A Mandatory site meeting is scheduled for April 12 2017 at 10am at the Whistler Skateboard Park. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 1 LUMP SUM CONTRACT Form of Tender (FOR USE WHEN UNIT PRICES FORM THE BASIS OF PAYMENT – TO BE USED ONLY WITH THE GENERAL CONDITIONS AND OTHER STANDARD DOCUMENTS OF THE UNIT PRICE MASTER MUNICIPAL CONSTRUCTION DOCUMENTS) Resort Municipality of Whistler (NAME OF OWNER) Contract: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) Reference No.: 895 (OWNER’S CONTRACT REFERENCE NO.) TO OWNER: 1 WE, THE UNDERSIGNED: 1.1 have received and carefully reviewed all of the Contract Documents, including the Instructions to Tenderers, the specified edition of the “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings” and the following Addenda: __________________________________________________ __________________________________________________ __________________________________________________ (ADDENDA, IF ANY) 2 1.2 have full knowledge of the Place of the Work, and the Work required; and 1.3 have complied with the Instructions to Tenderers; and ACCORDINGLY WE HEREBY OFFER: 2.1 to perform and complete all of the Work and to provide all the labour, equipment and material all as set out in the Contract Documents, in strict compliance with the Contract Documents; and 2.2 to achieve Substantial Performance of the Work on or before rd June 23 , 2017; and (WORK DURATION OF DATE) 2.3 to do the Work for the price, which is the sum of the products of the actual quantities incorporated into the Work and the appropriate unit prices set out in Appendix 1, the “Schedule of Quantities and Prices”, plus any lump sums or specific prices and adjustment amounts as provided by the Contract Documents. For the purposes of tender comparison, our offer is to complete the Work for the “Tender Price” as set out on Appendix 1 of this Form of Tender. Our Tender Price is based on the estimated quantities listed in the Schedule of Quantities and Prices, and excludes tax. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 2 LUMP SUM CONTRACT 3 WE CONFIRM: 3.1 4 that we understand and agree that the quantities as listed in the Schedule of Quantities and Prices are estimated, and that the actual quantities will vary. WE CONFIRM: 4.1 that the following appendices are attached to and form a part of this tender: 4.1.1 5 the appendices as required by paragraph 5.3 of the Instructions to Tenderers - Part II; and WE AGREE: 5.1 that this tender will be irrevocable and open for acceptance by the Owner for a period of 90 calendar days from the day following the Tender Closing Date and Time, even if the tender of another tenderer is accepted by the Owner. If within this period the Owner delivers a written notice (“Notice of Award”) by which the Owner accepts our tender we will: 5.1.1 within ten (10) Days of receipt of the written Notice of Award deliver to the Owner: a) a Construction Schedule, as provided by GC 4.6.1; b) a “clearance letter” indicating that the Tenderer is in WCB compliance; and c) a copy of the insurance policies as specified in GC 24 indicating that all such insurance coverage is in place and; 5.1.2 within two (2) Days of receipt of written “Notice to Proceed”, or such longer time as may be otherwise specified in the Notice to Proceed, commence the Work; and 5.1.3 sign the Contract Documents as required by GC 2.1.2. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 3 LUMP SUM CONTRACT 6 WE AGREE: 6.1 that, if we receive written Notice of Award of this Contract and, contrary to paragraph 5 of this Form of Tender, we: 6.1.1 fail or refuse to deliver the documents as specified by paragraph 5.1.1 of this Form of Tender; or 6.1.2 fail or refuse to commence the Work as required by the Notice to Proceed, then such failure or refusal will be deemed to be a refusal by us to enter into the Contract and the Owner may, on written notice to us, award the Contract to another party. 7 OUR ADDRESS is as follows: _________________________________________ _________________________________________ _________________________________________ Phone: ____ ____ - _____ Fax: ____ ____ - _____ Attention: ____________________ This Tender is executed this _____ day of _______________, 2012 Contractor: ___________________________________________________________ (FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL) ___________________________________________________________ (AUTHORIZED SIGNATORY) ___________________________________________________________ (AUTHORIZED SIGNATORY) MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 4 LUMP SUM CONTRACT Form of Tender - Appendix 1 Resort Municipality of Whistler (NAME OF OWNER) Contract: Reference No.: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) 895 (OWNER’S CONTRACT REFERENCE NO.) SCHEDULE OF QUANTITIES AND PRICES (See paragraph 5.3.1 of the Instructions to Tenderers - Part II) Section of Work 1. 2. 3. 4. 5. 6. 7. 8. 9. General Conditions Items 1. Including mobilization, project management, any works described in the Plans & Specifications that are not included in any other payment item listed herein. Clearing & Grubbing 1. Removing of organic material within the dry creek bed & staging area Rough Site Grading, Walls, & Drainage 1. Including all rough grading, rock walls, and drainage per grading plan and specifications Trail Material 1. Existing dirt jump material to be re-used 2. Any additional material needed to be supplied by Contractor (approx. 500m3) 3. Contractor responsible for transporting to site 4. See Specifications 5. Note: Material may be available for use, but unsure of usability until snow melts Trail Construction (Upper Area) 1. Beginner/intermediate jump lines, return trail, staging area) Trail Construction (Lower Area – Dry Creek Bed) 1. Intermediate/advanced jump lines, return trail, staging area) Pumptrack Construction 1. Installation of beginner pumptrack Pumptrack Construction 1. Installation of intermediate pumptrack Remediation & Seeding 1. Repair all disturbed areas and seed Prices (exclude GST) TOTAL PRICE: (exclude GST) MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 5 LUMP SUM CONTRACT Form of Tender - Appendix 2 Resort Municipality of Whistler (NAME OF OWNER) Contract: Reference No.: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) 895 (OWNER’S CONTRACT REFERENCE NO.) PRELIMINARY CONSTRUCTION SCHEDULE (See paragraph 5.3.2 of the Instructions to Tenderers - Part II) INDICATE SCHEDULE WITH BAR CHART WITH MAJOR ITEM DESCRIPTIONS AND TIME MILESTONE DATES ACTIVITY CONSTRUCTION SCHEDULE 1 MMCD - JANUARY 1996 (REV. APRIL 2000) 2 3 4 5 6 7 8 Tenderer’s Initials 9 10 FT – PAGE 6 LUMP SUM CONTRACT Form of Tender - Appendix 3 Resort Municipality of Whistler (NAME OF OWNER) Contract: Reference No.: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) 895 (OWNER’S CONTRACT REFERENCE NO.) CONSTRUCTION METHODOLOGY PROVIDE A BRIEF SUMMARY OF CONSTRUCTION METHODOLOGY. INCLUDE DEMOLITION, SITE PREPARATION, MATERIAL HANDLING, CONSTRUCTION OF FEATURES, EQUIPMENT TO BE USED, CREW SIZE, SITE ORGANIZATION, AND OTHER ITEM RELATED TO THE CONSTRUCTION. MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 7 LUMP SUM CONTRACT Form of Tender - Appendix 4 Resort Municipality of Whistler (NAME OF OWNER) Contract: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) Reference No.: 895 (OWNER’S CONTRACT REFERENCE NO.) EXPERIENCE OF SUPERINTENDENT & TEST RIDER (See paragraph 5.3.3 of the Instructions to Tenderers - Part II) Name of Superintendent: Experience: _______________________________________________ Dates: _____________________________________________________ Project Name: _____________________________________________________ Responsibility: _____________________________________________________ __________________________________________________________________ __________________________________________________________________ References: _____________________________________________________ Dates: _____________________________________________________ Project Name: _____________________________________________________ Responsibility: _____________________________________________________ __________________________________________________________________ __________________________________________________________________ References: Name of Test Rider: _____________________________________________________ _______________________________________________ Professional Experience: ________________________________________________ __________________________________________________________________ __________________________________________________________________ References: _____________________________________________________ MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials FT – PAGE 8 LUMP SUM CONTRACT Form of Tender - Appendix 5 Resort Municipality of Whistler (NAME OF OWNER) Contract: Reference No.: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) 895 (OWNER’S CONTRACT REFERENCE NO.) COMPARABLE WORK EXPERIENCE (See paragraph 5.3.4 of the Instructions to Tenderers - Part II) PROJECT OWNER/ CONTRACT NAME MMCD - JANUARY 1996 (REV. APRIL 2000) PHONE NUMBER WORK DESCRIPTION Tenderer’s Initials VALUE ($) FT – PAGE 9 LUMP SUM CONTRACT Form of Tender - Appendix 6 Resort Municipality of Whistler (NAME OF OWNER) Contract: Reference No.: Whistler Fitzsimmons Bike Park (TITLE OF CONTRACT) 895 (OWNER’S CONTRACT REFERENCE NO.) SUBCONTRACTORS (See paragraph 5.3.5 of the Instructions to Tenderers - Part II) TENDER ITEM TRADE MMCD - JANUARY 1996 (REV. APRIL 2000) SUBCONTRACTOR NAME PHONE NUMBER Tenderer’s Initials AGREEMENT Between Owner and Contractor THIS AGREEMENT made in triplicate this _____ day of _______________, 2017 CONTRACT Resort Municipality of Whistler Fitzsimmons Bike Park Reference No. BETWEEN The Resort Municipality of Whistler Owner’s Representative: (Name) (Position) ______________________________ ______________________________ AND (the Contractor) The Owner and Contactor agree as follows: ARTICLE 1: THE WORK – START / COMPLETION DATES 1.1 The Contractor will perform all work and provide all labour, equipment and materials and do all things as required by the contract documents. 1.2 The Contractor will commence the Work in accordance with the Notice to Proceed. The Contractor will proceed diligently, will perform the work generally in accordance with the construction schedules as required by the contract documents and will achieve substantial performance and total performance as stated in the Form of Tender. The successful Bidder shall not be permitted to stop work on the site without the written consent of the Municipal representative. If the work is interrupted by extreme weather conditions the construction schedule may be revised with the approval of the municipality. The successful bidder shall employ sufficient equipment and workers to complete the installation as expeditiously as possible. If, in the opinion of the Municipality, the progress of the work does not clearly demonstrate that the completion of the installation will meet with the construction schedule the Municipality reserves the right to require the successful bidder to employ additional equipment and workers as required to meet the schedule, all without additional cost to the municipality. Tenderer’s Initials_____ 11 1.3 Time shall be of essence to the Contractor. ARTICLE 2: CONTRACT DOCUMENTS 2.1 The Contract Documents consist of the documents listed or referred to in Schedule 1 (Schedule of Contract Documents), and includes any and all additional and amending documents issued in accordance with the provisions of the Contract Documents. All of the Contract Documents shall constitute the entire Contact between the Owner and the Contractor. 2.2 The Contract supersedes all prior negotiations, representations, whether written or verbal, and the Contract may be amended only in accordance with the provisions of the Contract Documents. ARTICLE 3 CONTRACT PRICE 3.1 The price for the work shall be the sum, in Canadian Dollars, of the Total Tender Price listed in the Summary of Costs. Additional price items and allowances, if any, as listed in the Summary of Costs, may be added to the Total Price at the discretion of the Owner. 3.2 Any adjustments, including any payments owing on account of changes and agreed to extra work, approved in accordance with the provisions of the Contract Documents. 3.3 The Contract Price shall be the entire compensation owing to the Contractor. ARTICLE 4 4.1 PAYMENT a) monthly progress payments (timing to be determined between Owner and contractor); b) 10% Builders lien holdback, release in accordance with the terms of the current BC Builders Lien Act c) 3% Warranty holdback, held for the 12-months warranty period which shall begin on the date of substantial completions d) Statutory declaration that all liabilities incurred by the Contractor and his Subcontractors in carrying out the contract have been paid and that there are no liens, or claims relating to the work and a satisfactory Clearance Certificate from the Worker Safe BC will be required for each progress payment (after the first) and holdback release. 4.2 Subject to applicable legislation and the provisions of the Contract Documents, the Owner shall make payments according to the Contract Documents then interest calculated at 2% per annum over prime commercial lending rate of the Royal Bank of Canada on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. Tenderer’s Initials_____ ARTICLE 5 RIGHTS AND REMEDIES 5.1 The duties and obligations imposed by the contract documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 5.2 Except as specifically set out in the contract documents, no action or failure to act by the Owner or Contractor shall constitute a waiver of any parties’ rights or duties afforded under the contract, nor shall any such action or failure to act constitute an approval of an acquiescence in any breach under the contract. ARTICLE 6 NOTICES Communications among the Owner and the Contractor, including all written communications required by the contract documents, may be delivered by email, by hand, by courier or by prepaid registered mail. Payments to the Contractor may be made digitally by direct deposit, if the Contractor can make that arrangement with the RMOW Finance Department. Applicable addresses are as follows: The Owner: Resort Municipality of Whistler 4325 Blackcomb Way, Whistler, B.C., V0N 1B4 ATTENTION Dave Patterson cc. Martin Pardoe Email: [email protected]; cc. [email protected] Tel.: Dave Patterson (604) 935 8306; Martin Pardoe (604) 935-8186 The Contractor: 6.1 A communication or notice that is addressed as above shall be considered to have been received: a) upon delivery, if by hand; b) upon sending if sent and received by email, during normal business hours of 8:00 am to 5:00pm, Monday to Friday; Tenderer’s Initials_____ c) upon delivery by courier, if received during normal business hours of 8:00 am to 5:00pm, Monday to Friday; d) Five days from the date of posting if sent by registered mail. 6.2 Changes of address may be made by written notice. ARTICLE 7 GENERAL 7.1 This contract shall be construed according to the laws of British Columbia. 7.2 The Contractor shall not, without express written consent of the Owner, assign this contract, or any portion of this contract. The headings or format included in the contract documents are for convenience only and will not be used to interpret, define or limit the scope or intent of this contract or any provisions of the contract documents. 7.3 7.4 A word in the contract documents in the singular includes the plural and, in each case, vice versa. 7.5 The contract shall enure to the benefit of and be binding upon the parties and their successors and assigns. IN WITNESS WHEREOF the parties hereto have executed the agreement the day and year first written above. Contractor: (Full legal name of corporation, partnership or individual) (Authorized signatory) (Authorized signatory) Owner: Resort Municipality of Whistler (Name of Owner’s Representative (Authorized signatory) Tenderer’s Initials_____ AGT – PAGE 1 LUMP SUM CONTRACT Schedule 1 Schedule of Contract Documents (INCLUDE IN LIST ALL DOCUMENTS INCLUDING, IF ANY, SUPPLEMENTARY GENERAL CONDITIONS, SUPPLEMENTARY SPECIFICATIONS, SUPPLEMENTARY STANDARD DETAIL DRAWINGS) The following is an exact and complete list of the Contract Documents, as referred to in Article 2.1 of the Agreement. NOTE: The documents noted with “*” are contained in the “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings”, edition dated April 2000. All sections of this publication are included in the Contract Documents. 1 Agreement, including all Schedules; 2 Supplementary General Conditions for MMCD Volume II (2000 Gold Edition); 3 General Conditions*; 4 Supplementary Specifications; 5 Specifications*; 6 Supplementary Standard Detail Drawings; 7 Standard Detail Drawings*; 8 Executed Form of Tender, including all Appendices; 9 Contract Drawings listed in Schedule 2 to the Agreement -”List of Contract Drawings”; 10 Instructions To Tenderers – Part I; 11 Instructions to Tenderers - Part II*; 11 The following Addenda: MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials AGT – PAGE 2 LUMP SUM CONTRACT Schedule 2 List of Contract Drawings (Complete listing of all drawings, plans and sketches which are to form a part of this Contract, other than Standard Detail Drawings and Supplementary Standard Detail Drawings.) TITLE DRAWING DATE NO. Cover Page L0.1 Site Plan L1.0 Grading & Drainage Plan L2.0 Details L3.0 MMCD - JANUARY 1996 (REV. APRIL 2000) Tenderer’s Initials March 2017 BIKE PARK SPECIFICATIONS I. GENERAL a) All bicycle amenities shall be constructed and installed by a prequalified Contractor with adequate professional experience on similar jobs, and who is capable of all of the tasks and responsibilities outlined in these Specifications. b) All trail construction shall comply with the specifications, drawings, requirements, and design intent prescribed in the construction and contract documents. Additional resources include “Bike Parks: IMBA’s Guide to New School Trails” (2014). c) Completed products shall reflect professional workmanship in appearance, quality, and attention to detail. Trails and features shall be well integrated into site, aesthetically pleasing in appearance, and well-shaped, crafted, and finished according to commonly accepted best practices for high quality and sustainable mountain biking trails. Work must be completed to the satisfaction of the owner's representative. d) Should the Contractor discover discrepancies in the specifications, the matter shall be at once brought to the attention of the owner’s representative, and the discrepancies corrected before proceeding further. e) Contractor shall leave trails and the adjacent area in a professionally finished condition and minimize disturbance to permanent existing vegetation to the extent possible. f) All excavated material generated during trail construction must be used in the trail, or dispersed and blended into surrounding terrain, or removed. No piles of excavated material greater than 4-inches depth shall be left behind. g) Contractor is responsible for fine grading and positive drainage away from all trails and trail features. No impoundments or ponding of surface water shall be on or adjacent to trail surface. h) Contractor shall be responsible for any coordination with other Contractors and subcontractors as required to complete all operations. i) Contractor shall work with the owner’s representative to identify the need to further refine or adjust construction notes, location or types of trails or features, and make minor adjustments at the time of construction. II. TRAIL ALIGNMENTS a) The trail plan is diagrammatic and does not reflect an exact final alignment or dimension for each trail, trail improvement, armoring, or trail feature. All trail and trail improvement locations and dimensions are approximate. b) Contractor shall create an exact final alignment and location on the ground for each trail and trail feature. c) The alignment, location, design, and construction of each individual trail shall conform to the specifications, intent, character, and description for that specific trail as described in the construction documents. III. TEST RIDING a) Contractor shall thoroughly test ride all trails and trail features, by bike with appropriate expert rider, to ensure the specified riding experience, design, flow, rhythm, character, difficulty, and specifications are met. Testing shall be performed during the trail alignment and trail feature location process, as well as during construction and following March 2017 construction, to the extent possible and in consultation with owner’s representative. Trails and features shall be modified and corrected as necessary until performance specifications are met. b) Contractor to list Test Rider in Appendix 3 IV. MATERIALS 1. Screened Surfacing Material a) The intent of the trail surfacing material is to cover the existing soils with a well-balanced surface that facilitates drainage, compacts well, and that performs reasonably in both wet and dry weather conditions. Desired characteristics include: i. ii. iii. iv. v. vi. vii. Well graded mixture of particle sizes Drains well and facilitates sheet drainage Stays firm and cohesive when moist Stays firm and cohesive when dry Resists sheer forces created by bicycle tires (braking and accelerating) Reasonably pliable in order to shape trail surface and perform maintenance Natural feel, soil-like texture (no asphalt or concrete) b) Material shall be natural, uncontaminated, and free of organic material, vegetation, waste, recycled concrete, asphalt, frozen materials, and other deleterious matter. c) The non-riding surfaces of berms, rollers, landscape mounds, or other terrain enhancements created by the Contractor shall not exceed a 1:1 slope. d) Contractor to submit sample of surfacing material to Owner prior to install. V. COMPACTION a) All trail sub grades, trail treads, trail surfacing materials, backslopes, rollers, berms, fill, and terrain enhancements shall be compacted to 90% proctor density and in a manner that will support the intended use. All compaction shall be carried out in lifts of no more than 6 inches. VI. LANDSCAPE a) Broadcast seeding (hand-seeding). Area to seeded to be raked free of all rocks and debris to a depth to 2-inches Seed Type: See Detail
© Copyright 2026 Paperzz