city of courtenay · • recommended lighting specifications with visual images of examples of...

CITY OF COURTENAY

REQUEST FOR QUOTATION NO. Q18-15

COMOX VALLEY ART GALLERY EXTERIOR SIGNAGE

Closing Date: 2:00pm local time, Tuesday, June 26, 2018

City of Courtenay 830 Cliffe Avenue

Courtenay, B.C. V9N 2J7 Attn: Purchasing Division

City of Courtenay Q18-15 Comox Valley Art Gallery Exterior Signage of 12

SECTION I TERMS OF REFERENCE

1. INTRODUCTION

1.1 The City of Courtenay invites quotations from qualified contractors for the supply and installation of exterior

signage for the Comox Valley Art Gallery located in Courtenay. 2. SCOPE OF WORK

2.1 Required Services

a) To fabricate and install three exterior building signs as indicated on the attached sign permit reference plan attached as Schedule A:

1. “Comox Valley Art Gallery” – direct mount lettering canopy sign facing Duncan Avenue with optional sign lighting.

2. “580 Duncan” – direct mount lettering fascia address sign facing Duncan Avenue with optional sign lighting.

3. “Comox Valley Art Gallery” – fascia building sign facing 6th Street.

Option A: “Comox Valley Art Gallery” – backlit channel lettering

Option B: “Comox Valley Art Gallery” – direct mount lettering (not backlit) with optional sign lettering either upcast or downcast.

b) To provide a draft “proof” drawing of the proposed signage to include:

• Recommended lighting specifications with visual images of examples of exterior signage (similar to the type to be installed) using the proposed lighting fixtures.

• Detailed description of flashing, caulking, sealing, etc. materials to be used and installation methodology detailing installation will not compromise the building envelop integrity.

c) To source, supply and install sign lighting, including electrical supply to meet the sign lighting requirements identified in the sign permit reference plan attached as Schedule A (excluding additional considerations items 2) and 3) noted on page 5 of 5 of the sign permit. All lighting fixtures will be dark sky compliant in accordance with the City’s Dark Skies Policy, attached as Schedule B.

d) All signage lettering to be fabricated in accordance with the attached design files which can be uploaded from http://cityofcourtenay.ca/index.php/s/MCYhZuR64LiE24k.

e) The Proponent must provide all necessary materials, supplies and equipment required to meet the specifications of design, fabrication and installation.

f) The Proponent will submit final proof shop drawings for City approval before fabricating and installation of any of the signs.

2.2 Fabrication Quality Assurance

All signs must comply with all Federal and Provincial laws, codes and regulations, and all municipal ordinances or regulations in effect at the time the work is performed. (Too broad,

1. Materials

All materials must be new and free from defects.


a. Aluminum

• 1 ¼”- 1 ½ “ brushed aluminum: size, and type must be specified on the sign drawings.

• Aluminum sheet to be #5052 alloy.

• All seams to be straight and symmetrical.

• Finish: hard-coat anodized.

b. Fastenings • All screws, nuts, bolts, and fastenings devices must be aluminum, stainless steel, or cadmium-plated

non-corrosive material.

• All anchorage and fastenings of miscellaneous metal items must be structurally adequate and finished to match surface.

2. Electrical

a. Electrical parts and materials must be in accordance with national electrical codes, applicable local electrical codes, and the requirements of the Underwriters Laboratory (UL), and must be so labeled.

b. Suitable and approved disconnect switches must be provided. Location to be as inconspicuous as possible and approved by the City prior to installation.

c. The required electrical service supply for the proposed sign lighting will be coordinated and paid for by the Contractor including any required electrical installation permits.

d. Signs must provide an evenly distributed lighted surface with no hot or dark spots appearing on the entire sign surface.

e. Lighted letters must be of equal intensity and must be the same as all other letters.

f. Signs must be complete with all necessary lamps, tubes, ballasts, transformers, sockets and internal wiring as required or complete operable units. LED lights must be used.

g. All light sources must be rated outdoor type by the manufacturer. Ballasts to be 800 Ma outdoor type rated for -20°F (-29C).

h. Transformers to be 30 to 60 Ma outdoor type.

3. Coatings and Finishes

a. All aluminum, metal and fasteners must be finish coated with an appropriate primer and colour coat with corrosion and weather inhibitors guaranteed for four years against fading, chipping, cracking, peeling, and discolouration.

b. All flexible face coatings must be guaranteed for eight years against fading, discolouration and mildew.

c. All holes, penetrations and cut edges of pre-finished metals must be free of burrs, primed and painted to maintain a corrosion-proof finish.

4. Miscellaneous Materials

a. Any metal hardware used for construction not previously coated must be of stainless steel, aluminum, or steel with hot-dip galvanized coating.

b. Vinyl Film: Any vinyl elements proposed must be 3M Scotchcal 3630 Translucent, 7725 Opaque Graphic film series or equivalent. If choosing an alternative product line, documentation to be provided on product lifespan, warranty and other relevant details.


c. Plastic Elements: To be polycarbonate material with impact resistance and fade resistance to sunlight specially Ultraviolet (UV) radiation, complete with hanging strips for additional support.

d. Acrylic:

• Clear non-glare P-99 Plexiglas or equivalent

• Clear matte P-95 Plexiglas or equivalent

• White matte Plexiglas 7420 or equivalent

• Black gloss Plexiglas 2025 or equivalent

5. Workmanship

Any work required under this section that is not described in detail must be constructed in accordance with City approved final proof shop drawings and detailed by the Proponent in the draft shop drawings.

a. Accuracy of Work

All work must be fabricated and erected square, plumb, straight and true. Cut-out letters, numbers, and images must be cut to continuous, sharp even line of profile as indicated on drawings. Provide all supporting and anchoring means as required for proper installation. All curved areas to be true. No kinks, creases, oil-canning or dimpling will be accepted.

b. Exposed Metal Surfaces

Exposed metal surfaces must be reinforced, braced and securely fastened to provide rigid assembly. Sign faces must be free of all holes except those required to install letters or weep-holes. Service access doors must be concealed wherever possible. Flush-butt locked seams and fillers must be metal-screwed and bolted on filler edges to provide smooth faces free of unsightly rivets. All steel items exposed to the weather and all other steel items as indicated or specified must be galvanized or ground and painted with zinc-chromate primer and finish coat.

c. Exposed Joints

Exposed joints should be continuously welded, ground and polished smooth and must not be visible. Mitered corners must be snug, neat and tight fitting in an even, smooth plane.

d. Exterior Cabinets and Frames

Exterior cabinets and frames must be fastened with stainless steel screws. Phillip-type head countersunk, or nuts and bolts as indicated. The inside of exterior signs must be rainproof. Signs must be provided with weep-holes in bottom edging, of sufficient size to allow full drainage of any condensate moisture collected in the sign.

e. Aluminum in Contact with Ferrous Metals

Aluminum in contact with ferrous metals must be separated with a heavy coating of bitumastic paint or sheet neoprene.

f. Accessories, Anchorage, Mounting Devices and Spacers

Accessories, anchorage, mounting devices and spacers must be guaranteed non-staining to adjacent walls and sign finished for a period of five years from final acceptance. Ferrous mountings may be sleeved with non-ferrous metal covers matching adjacent finishes, cemented on with non-hydroscopic glue, or other suitable protective measures may be proposed to comply with this guarantee.

6. Installation


All signs must be in place as visibly shown on the sign permit drawings or where directed by the City or designate. Signs must be secured with studs, toggle bolts, expansion bolts, or methods as approved on the final proof shop drawings and of sizes required to assure rigid attachment.

7. Drawings & Equipment Maintenance Manuals

Shop drawings must be submitted to the City or designate in pdf file format or equivalent. Approval of final shop drawings the City must be required before any work under this section can begin. Equipment maintenance and operating manuals in digital format must be supplied with the delivered signage equipment.

8. Samples

Samples of all finished materials to be supplied to the City representative for this project. Material sample colours must match standard colour system code supplied by the City and actual signage material supplied.

9. Guarantee & Service

Contractor must supply a written guarantee to the effect that all material and work supplied under this RFQ is guaranteed for one year to be free from defects and faulty workmanship, and that any defective material or work must be promptly repaired or replaced without additional cost to the City. Contractor must, during the first year of operation, fully maintain and service the signs, making regular inspections, and servicing and replacing tubes and electrical equipment as may be necessary to maintain the signs in operation without additional cost to the City. Details to be provided explaining the Bidder’s warranty information, terms & conditions, after-sales service and regular hourly rate and non-regular hourly rate in case of an emergency.

10.Protection

All exposed surfaces must be protected until final acceptance of the work in a manner sufficient to prevent damage or discolouration. Any work damaged or discoloured in any way before final acceptance of the work must be replaced without additional cost to the City.

11.Clean-up

During the process of the work, the work site must be kept free of all debris and waste materials resulting from the work. Upon completion and before final acceptance of the work, all debris, rubbish, leftover materials, tools and equipment must be removed from the site, at no additional cost to the City.

12.Final Cleaning

Final cleaning of all surfaces must be carefully done strictly in accordance with the manufacturer’s instructions.

13.Fabrication Methods

a) Digital Printing

Computer generated artwork printed directly (or applied) to second surface of clear acrylic substrate. Print quality must be 1200 x 600 or higher resolution using UV-stable inks. Colour management software should be used for consistent colour reproduction.

b) Silk-screening

Silk-screen ink applied to second surface of clear acrylic substrate. This is an economical method for


producing custom background colours. Silk-screened text and/or graphics must only be considered for permanent signs where large quantities are needed.

c) Engraving

The engraving process is commonly used to create tactile (raised) text and graphics through the layering of material. Subsurface text and graphics are created by engraving into the front face of the material. Reverse-engraved text and graphics are created by engraving the back side of material with a clear face and a coloured back and then paint filling the engraved areas. These engraving methods can be used alone or in combination.

2.3 Value Added Services

Provide detailed description(s) of any “value added services” offered to the City in conjunction with your quotation for the term of the contract.

3. BID SUBMISSION DELIVERABLES 3.1 The Proponent must submit a 2 page (maximum) summary of the methodology and key deliverables their

firm will provide to meet the City’s requirements as outlined in this RFQ. The summary should address, as a minimum, the following points:

• Proposed fabrication material specifications including lighting fixtures and electrical service requirements.

• Product and service warranty. Include non-warranty service costs and response times.

• Provision of draft shop drawings to be included with summary.

• Project delivery schedule, start to finish.

• Three references, each to include 3 samples of similar projects completed successfully in the past 3 years.

Projects must include scope, cost and reference letters with contact information of each project client.

3.2 The Proponent must submit the Bid Form included in this RFQ with their quotation.

4. HEALTH & SAFETY

4.1 Contractor’s Safe Work Procedure

The Contractor must submit a copy of a Safe Work Procedure that is directly related to the work outlined in this RFQ, with their quotation.

4.2 Prime Contractor

The successful Contractor is to comply with all work site orientation requirements, policies, and procedures of the designated Prime Contractor.

5. PROJECT SCHEDULE 5.1 The project must be completed by September 30, 2018.

6. AGREEMENT 6.1 The successful Contractor will be required to enter into a formal agreement with the City, see attached

standard agreement.


SECTION II INSTRUCTIONS TO PROPONENTS

1. An electronic submission of the quotation in .pdf format must be submitted to [email protected] no later than 2:00pm local time, Tuesday June 26, 2018 (the RFQ Closing Date).

The email subject line must read “Q18-15 Comox Valley Art Gallery Exterior Signage Supply and Install”.

It is the sole responsibility of the Proponent to ensure that their quotation is received by the City within the proper time allocation. Late responses will be rejected by the City of Courtenay. All quotations must be signed by an authorized Proponent representative. Submission of a quotation indicates acceptance by the Proponent of the conditions contained in this RFQ, unless clearly and specifically noted in the quotation submitted.

2. Questions are to be submitted in writing within 2 business days of the RFQ Closing Date quoting the RFQ name, number and contact person below, and sent to:

Joy Chan, Manager of Business Administration Recreation & Cultural Services City of Courtenay [email protected] Any addendum to the original RFQ will be issued by the City’s Purchasing Division.

Any verbal communications will be considered unofficial and non-binding to the City. Proponents should rely only on written statements issued by the contact person listed above.

3. Not a Tender Call

This RFQ is not a tender call, and the submission of any response to this RFQ does not create a tender process. This RFQ is not an invitation for an offer to contract, and it is not an offer to contract made by the City. Quotations will not be opened in public.

4. No Obligation to Proceed

a) Though the City fully intends at this time to proceed through the RFQ process in order to select the goods or services, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) must not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFQ will continue, or that this RFQ process or any RFQ process will result in a contract with the City for the purchase of the product, service or project.

b) The City reserves the right to accept or reject all or part of the quotation, however the City is not precluded from negotiating with the successful Proponent to modify its quotation to best suit the needs of the City.

c) The City reserves the right to reject, at the City’s sole discretion, any or all quotations if the quotation is either incomplete, obscure, irregular or unrealistic.

d) Further, a quotation may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and non-compliance with Federal, Provincial and Municipal legislation.

mailto:[email protected]

mailto:[email protected]


e) The City reserves the right to accept or reject a quotation where only one quotation is received. 5. Cost of Preparation

Any cost incurred by the Proponent in the preparation of the quotation will be solely at the expense of the Proponent.

6. Confidentiality and Freedom of Information and Protection of Privacy Act

The quotation should clearly identify any information that is considered to be confidential or proprietary information (the “Confidential Information”). However, the City is subject to the Freedom of Information and Protection of Privacy Act. As a result, while the Act offers some protection for third party business interests, the City can’t guarantee that any Confidential Information provided to the City can be held in confidence if a request for access is made under the Freedom of Information and Protection of Privacy Act.

7. Irrevocability of Quotations

By submission of a written request, the Proponent may amend or withdraw its quotation prior to the closing date and time. Upon closing time, all quotations become irrevocable and are valid for a minimum of 90 days. By submission of a quotation the Proponent agrees should the quotation be successful, the Proponent will enter into a contract with the City. Prices will be firm for the entire contract period, unless otherwise agreed to by both parties.

8. Alternate Quotations

If an alternate solution is offered, the information must be submitted in the format requested as a separate quotation.

9. Pricing

Prices are to be quoted in Canadian funds with the Goods and Services Tax (GST) shown as a separate line item, if requested. Prices must be quoted inclusive of all shipping, duty and other applicable costs F.O.B. the location indicated in the RFQ.

10. Sub-Contracting

Under no circumstances may the provision of goods or services, or any part thereof be sub-contracted, transferred, or assigned to another company, person, or other without the prior written approval of the City.

11. Limitation of Damages

The Proponent, by submitting a quotation, waives any claim for loss of profits if no contract is made with the Proponent. By submitting a quotation the Proponent agrees to all terms and conditions of this RFQ. Proponents who have obtained the RFQ electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the quotation. The Proponent is responsible to ensure that they have obtained and considered all information necessary to understand the requirements of the RFQ and to prepare and submit their quotation.

12. Cancellation of RFQ

The City reserves the right to cancel this RFQ at any time. 13. Accuracy of Information

City of Courtenay Q18-15 Comox Valley Art Gallery Exterior Signage of 12 The City makes no representation or warranty, either express or implied, with respect to the accuracy or

completeness of any information contained or referred to in this RFQ. 14. Cancellation of Contract

The City reserves the right to terminate the Contract, at its sole and absolute discretion, on giving 30 days written notice to the successful Proponent of such termination and the successful Proponent will have not rights or claims against the City with respect to such termination. Cancellation would not, in any manner whatsoever, limit the City’s right to bring action against the successful Proponent for damages for breach of contract.

15. Default

a) The City may, by notice of default to the Contractor, terminate the whole or any part of this Contract if the Contractor fails to make delivery of the Services within the time specified, or to perform any other provisions of this Contract.

b) In the event the City terminates this Contract in whole or in part as provided in clause 15(a), the City may procure goods or services similar to those so terminated, and the Contractor must be liable to the City for any excess costs for such similar goods or services.

c) The Contractor must not be liable for any excess costs under clause 15(a) or 15(b) if failure to perform the Contract arises by reason of Force Majeure or acts of the City.

16. Misrepresentation or Solicitation

If any director, officer or employee or agent of a Proponent makes any representation or solicitation to any Councillor, officer, employee or agent of the City of Courtenay with respect to the RFQ, whether before or after the submission of the quotation, the City must be entitled to reject or not accept the quotation.

17. Business License and Permits

The successful Proponent must be responsible for acquiring and payment for all required licenses, permits and approvals from authorities having jurisdiction, for the performance of the work.

The successful Proponent must be responsible to acquire and maintain a valid City of Courtenay Business License for the term of the Contract.

18. Payment Terms & Deficiency Holdback

a) The Contractor must invoice the City in an acceptable format and will be paid as per the City’s standard payment terms, net 30 days from date of invoice. The City of Courtenay shall not pre-pay for any goods, or services for any period, unless agreed to in writing by the City.

b) The City shall retain a 10 percent deficiency holdback of the contract total value until such time as substantial completion of the contract has been achieved. Upon achievement of substantial completion by mutual agreement in writing by both parties, the deficiency holdback will be paid subject to the payment terms in 18 a).

19. Applicable Laws and Agreements

The laws of the Province of B.C. must govern this request for quotation and any subsequent Contract resulting from the quotation.

20. Insurance


As a minimum, the successful Proponent must procure and maintain through the term of the contract, at its own expense and cost, the following insurance policies:

a) Commercial General Liability Insurance in an inclusive amount of not less than $2,000,000 for each occurrence or accident. Minimum coverage must include Personal Injury, Contractual Liability, Non-Owned Automobile Liability, Products/Completed Operations, Contingent Employers Liability, Cross Liability and Severability of Interest, and a 30 day written notice of insurance cancellation clause .

b) Motor Vehicle Insurance including Bodily Injury and Property Damage in an inclusive amount of not less than $2,000,000 per accident per licensed motor vehicle used to carry out the work.

c) Proof of WorkSafe BC registration, including proof of up to date assessment payments in the form of a WorkSafe BC Certificate of Compliance letter.

21. Corporate Climate Action Strategy Requirements

a) Anti-idling

In the interest of reducing negative impacts on human health, all Contractors working directly or indirectly for the City or on City owned property must ensure that when vehicles or equipment are not required to be running for operational purposes every effort is made to reduce engine idling.

Idling time must be permitted to provide safe and efficient engine warm up time, 3 to 5 minutes for heavy duty vehicles and equipment, and up to 1 minute for light duty vehicles and equipment. During field operation, the same criteria must apply.

22. Evaluation Process and Criteria

a) An evaluation committee made up of City staff will be reviewing quotation submissions. The City reserves the right to accept any or none of the quotations submitted and will evaluate quotations based on best value and not necessarily the lowest cost.

b) Notwithstanding any custom or trade practice to the contrary, the City reserves the right to, at its sole discretion and according to its own judgement of its best interest to waive any technical or formal defect in a quotation and accept that quotation.

c) The City reserves the right to award the contract to other than the lowest cost Proponent.

d) Award of any contract resulting from this RFQ may be subject to City of Courtenay Council approval, and budget considerations.

e) The City reserves the right to accept any or none of the quotations submitted and will evaluate quotation submissions based on “best value” using the following criteria:


Evaluation Criteria Wt.

Score Per Evaluation Criteria Weighted

Total Poor (.3) Marg (.5) Fair (.7) Good (.9) Exc. (1.0)

Financial Cost to the City 40

Qualifications & Related Experience 25

Written proof within the quotation outlining the equipment resources available to meet the Terms of Reference.

25

References 10

Total 100


QUOTATION FORM The Proponent offers to supply to the City of Courtenay the goods and services for the prices not including GST as follows:

1. Supply and Install the CV Art Gallery Exterior Signage as outlined in this RFQ in the following lump sum prices:

Signage

a. Comox Valley Art Gallery (facing Duncan Avenue) $_________

b. Optional - Comox Valley Art Gallery Lighting (facing Duncan Avenue) $_________

c. 580 Duncan (facing Duncan Avenue) $_________

d. Optional - 580 Duncan Lighting (facing Duncan Avenue) $_________

e. Comox Valley Art Gallery (facing 6th Street)

Option A: Backlit channel lettering $_________

Option B: Direct mount lettering (not backlit) with optional sign $_________ lettering either upcast or downcast.

2. Draft Sign Proof and Proposed Lighting Included Yes or No

3. Project Schedule Included Yes or No

4. OH&S Program and/or Safe Work Procedure Included Yes or No

5. References Included Yes or No

The above prices include and cover all duties, handling and transportation charges, and all other charges incidental to and forming part of this quotation. Acknowledgement is hereby made of receipt and inclusion of the following addenda to the documents: Addendum(s) No. _________ Dated: _____________________ No. Of Pages:_____________ Legal Name: ________________________________________________________________________________ Address: ________________________________________________________________________________ Phone: _____________________ Fax: ______________________ Email: _________________________ I/We the undersigned duly authorized representatives of the Proponent, having received and carefully reviewed the RFQ including without limitation the Terms of Reference and Instructions to Proponents, submit this quotation in response to the RFQ. This quotation is offered by the Proponent this __________ day of ___________, 20____. ______________________________________ ______________________________________ Signature of Authorized Signatory Print Name and Position of Signatory

\\Tempestvm\attachments\PROSPERO\PL\SP\SP011677\Sign Permit-Fascia.docx

THE CORPORATION OF THE CITY OF COURTENAY BYLAW NO. 2760, 2013

SIGN PERMIT Permit No.: 3740-20-1822 SP011714 Date of Issuance: May 24, 2018 To issue a Sign Permit To: Name: CITY OF COURTENAY Address: 830 CLIFFE AVE COURTENAY, BC V9N 2J7

Property to which permit refers: Business Name: COMOX VALLEY ART GALLERY Civic: 580 DUNCAN AVE Conditions of Permit: Permit issued to allow one canopy sign and one fascia sign subject to the following conditions:

1. Sign graphics and dimensions must be in accordance with the renderings contained in Schedule No. 1, which is attached to and forms part of this permit;

2. Sign locations must be in accordance with the renderings contained in Schedule No. 1, which is attached to and forms part of this permit.

Time Schedule of Sign and Lapse of Permit: If the permit holder has not substantially commenced the construction authorized by this permit within six (6) months after the date it was issued, the permit lapses. May 24, 2018 Date Sue Blamire Planning Clerk

Schedule No. 1 1 of 5


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TITLE AGREEMENT

THIS AGREEMENT made the (Day) day of (Month), 2018. BETWEEN

THE CORPORATION OF THE CITY OF COURTENAY 830 Cliffe Avenue Courtenay, B.C. V9N 2J7

(hereinafter the “City”) OF THE FIRST PART AND CONTRACTOR (hereinafter the “Contractor”)

OF THE SECOND PART

WHEREAS:

The City wishes to hire the Contractor for the Work as described herein, and desires to engage the Contractor to perform said Work.

The Contractor has agreed to perform the said Work in accordance with the terms and conditions of this Agreement.

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the terms, covenants and conditions herein contained, the parties hereto, hereby covenant and agree as follows:

City of Courtenay (Agreement Title) Page 2 of 7

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1. SCOPE OF WORK 1.1 The Contractor shall provide and be fully responsible for the following services,

Description of Work, (hereinafter called the “Work”):

1.2 The Contractor must provide and is responsible for the Work outlined in their quotation dated Month, Day, Year, (attached hereto as Schedule A) submitted to the City by the Contractor in response to the City’s Request for Quotation or Quotation, (attached as Schedule B) and forming an integral part of this Agreement.

1.3 The City will issue a purchase order (Purchase Order Number) for this Work and the PO number must be clearly stated on all invoices and related documentation.

1.4 The Contractor shall perform the Work:

a) with the degree of care, skill and diligence normally applied in the performance of Work of a similar nature;

b) in accordance with current professional practices; c) in conformance with the latest industry standards and regulations applicable at the

time of the Work to be undertaken.

1.5 The Contractor must furnish all personnel required to perform the Work and personnel must be competent and qualified to perform the Work.

1.6 Where specific personnel have been proposed by the Contractor for the performance of the Work, and have been accepted by the City, the personnel may not be replaced without the prior written consent of the City.

1.7 The Contractor must commence the Work in a timely manner and carry out the Work in accordance with the completion dates set out in the work plan and stated on the Bid Form.

1.8 The contract price or schedule of rates included in Schedule A shall be the entire compensation owing to the Contractor for the Work and this compensation shall cover all profit and all costs of supervision, labour, material, equipment, overhead, financing, warranty work, and all other costs and expenses whatsoever incurred in completing the Work.

2. PROJECT SCHEDULE/TERM OF CONTRACT 2.1 The Work shall be completed on or before the date agreed to by the Contractor and the

City, subject to inspection and approval by the City’s project representative. 2.2 The term of contract shall commence on (Month, Day, Year) and terminate on (Month,

Day, Year). At the City’s sole discretion, an additional two (2) one year agreement extensions may be offered to the Contractor subject to satisfactory annual performance evaluations.

3. PAYMENT


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3.1 In consideration of the Work performed by the Contractor to the satisfaction of the City,

the City shall pay to the Contractor the unit prices as prescribed in Schedule A attached hereto and forming an integral part of this Agreement.

3.2 The Contractor shall submit invoices to the City representative or delegate on a pre-determined schedule. If the City approves the amount of an invoice, the City will pay the invoice net 30 days of receipt and approval of the invoice. No prepayment of goods or services shall occur unless agreed to in writing by the City.

3.3 The Contractor shall keep proper accounts and records of all costs and expenditures forming the basis of the billing to the City, including but not limited to hours worked, details of disbursements and percentage amounts of work completed. The City shall be entitled to verify the accuracy and validity of all billings and payments made by auditing and taking extracts from the books and records of the Contractor and by such other means as shall be reasonably necessary or advisable.

4. CHANGES TO SCOPE OF WORK 4.1 The City may at any time vary the scope of work to be provided by the Contractor as

part of the Work. In that case and where this Agreement contains a limit or limits in sub-clause 1.8 as to the maximum fees and disbursements to be paid to the Contractor for all or any part of the Work, such limit or limits shall be adjusted as agreed to by both parties in writing and failing agreement, as reasonably determined by the City. Should the Contractor consider that any request or instruction from the City constitutes a change in the scope of the Work, the Contractor shall so advise the City within ten (10) days in writing. Without said written advice within the time period specified, the City shall not be obligated to make any payments of additional fees to the Contractor.

5. UNDERTAKING, RELEASE AND INDEMNIFICATION 5.1 The Contractor hereby indemnifies and releases the City, its officers, employees and

agents from all costs, losses, damages and disbursements including those caused by personal injury, death, property damage, loss and economic loss arising out of, suffered or experienced by the Contractor, its officers, servants and agents, and sub-contractors in connection with their performance of the Work under this Agreement except where such loss arises solely out of negligence on the part of the City, its officers, servants and agents.

5.2 This release and covenant of indemnification above set forth shall survive termination of the term of this Agreement.

6. INSURANCE 6.1 The Contractor agrees to obtain at its own expense and submit to the City prior to

commencing the Work under this Agreement:

a) Comprehensive General Liability Insurance (CGL) policy with coverage of not less than $2,000,000 per claim and aggregate per year (hereinafter the CGL policy). The CGL policy shall include liability for Bodily Injury, Property Damage, and Non-Owned


4

Vehicles, including Broad Form products and completed operations, shall name the City as an additional named insured and contain a Cross Liability clause. The CGL policy shall remain in full force and effect at all times during the term of this Agreement;

b) Motor Vehicle Insurance, including bodily injury and property damage in an amount not less than $2,000,000 per occurrence covering all owned, non-owned, leased, rented or temporary vehicles;

c) The Contractor is responsible for any deductible amounts under the policies. The cost of all insurance required by this Agreement shall be included in the Contractor’s fees.

d) The insurance policies shall be on terms satisfactory to the City. Insurance policies must be signed by an authorized representative of the insurance brokerage firm. Proof of the insurance policies, to the satisfaction of the City, and shall be delivered to the City prior to commencement of the Work. Such proof shall confirm that coverage is in effect, identify the City as an additional insured under the CGL policy, describe the type and amount of insurance, list major exclusions and agree to provide the City 30 days’ prior written notice of cancellation of any insurance policy.

6.2 If the Contractor hires a sub-contractor to perform any work related to the Work, the Contractor shall in turn, ensure such sub-contractor to obtain insurance on the same terms as outlined in 6.1 above. Such insurance shall name the City as an additional insured and shall include coverage for all operations required for the sub-contractor’s work under this Agreement. Sub-contractor documentation requirements in 6.1, 7.2 and 8.2 must be made available the City’s project designate if requested, by the Contractor.

6.3 The foregoing insurance requirements shall not in any way reduce the Contractor’s obligations to release and indemnify the City as outlined in Section 5 “Undertaking Release and Indemnification”.

7. LICENSES AND PERMITS 7.1 The Contractor and sub-contractors shall acquire and maintain a City of Courtenay

Business License or a Central Vancouver Island Inter-Community Business License or a Courtenay/Comox Inter-Municipal Business License prior to the commencement of the Work and shall maintain it in good standing for the term of this Agreement.

7.2 The Contractor and sub-contractors must comply with all applicable federal, provincial and municipal legislation, regulations and bylaws.

8. HEALTH & SAFETY 8.1 During the term of this Agreement the Contractor shall ensure that all work performed

is in compliance with all applicable health & safety regulations and guidelines, including without limitation the Workers Compensation Act and Regulation of B.C with a copy of the Contractors Health & Safety plan and/or Safe Work procedure provided to the City prior to commencement of the work.

8.2 The Contractor shall be responsible for WorkSafe BC assessments relating to its work under this Agreement and the work of its sub-contractors. It shall remain in good standing with WorkSafe BC for the term of the Agreement, with a Clearance Letter


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provided to the City prior to commencement of the Work

8.3 If the Contractor fails to comply with clause 8.1 and 8.2 of this Agreement the City may terminate this Agreement for cause.

8.4 The Contractor may be designated the Prime Contractor by the City for the immediate and/or designated work area. The Contractor shall complete, authorize and forward a Prime Contractor Designation form to the City prior to the commencement of the Work.

9. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 9.1 The City is subject to the Province of British Columbia’s “Freedom of Information and

Protection of Privacy Act”. All documents will be received and held, to the extent reasonable, in confidence by the City and the information will not be disclosed except to the degree necessary for carrying out the City’s purposes or as required by law.

10. CITY INSPECTIONS 10.1 No reviews, approvals or inspections carried out or information supplied by the City

derogate from the duties and obligations of the Contractor, with respect to the Work and all responsibility for the Work is the Contractor’s.

11. TERMINATION

11.1 If at any time for the reasons herein stated, the City wishes to terminate this Agreement

it may do so by giving written notice delivered to the Contractor with no liability, cost or expense to the City, in instances of substandard workmanship, non-conformance with the project schedule, non-compliance with any regulation, legislation or bylaw, inadequate machinery, or unsafe work habits on the part of the Contractor. Upon receipt of written notice of termination, the Contractor must cease work, other than that authorized to close out the works in progress to a safe condition.

11.2 If termination is not for cause, the Contractor shall be paid at the rate prescribed for all Work properly performed to the date of delivery of the notice of termination according to the terms of this Agreement, plus necessary and reasonable windup costs incurred, if any, in closing out the Work or the part terminated.

12. NON-DISCLOSURE 12.1 The Contractor acknowledges that in performing the Work required under this

Agreement, it will acquire information about certain matters which is confidential to the City, and the information is the exclusive property of the City.

12.2 The Contractor undertakes to treat as confidential all information received by reason of its position as Contractor and agrees not to disclose it to any third party either during performance of the Work or after the Work have been rendered under this Agreement.

13. WARRANTIES

13.1 The Contractor shall supply a minimum warranty for the work which shall survive the


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date of completion of the Work as agreed to by the Contractor and the City.

13.2 The minimum warranty for labour shall be one (1) year and the materials warranty shall be as per the manufacturer’s warranty.

14. RESOLUTION OF DISPUTES

14.1 This Agreement shall be governed be interpreted and construed according to the laws of

British Columbia.

14.2 The duties and obligations imposed by this Agreement and the rights and remedies available under this Agreement shall be in addition to and not in substitution for any duties, obligations, rights and remedies otherwise imposed by or available at law or equity.

15. CONFLICT OF INTEREST 15.1 The Contractor declares and confirms that it has no pecuniary or other interest in the

business of any third party that would cause a conflict of interest or be seen to cause a conflict of interest in performing the Work.

15.2 If any such conflict of interest occurs during the term of this Agreement, then the Contractor shall immediately declare it in writing to the City and, at the direction of the City, the Contractor shall promptly and diligently take steps to the satisfaction of the City to resolve the conflict.

16. COMPLIANCE WITH LAWS AND RESOLUTION OF DISPUTES 16.1 The Contractor will comply with all applicable laws, statutes, regulations, or bylaws

including those of Canada, the Province of BC, and the City of Courtenay. This Agreement and all disputes arising out of or in connection with this Agreement or in respect of any defined legal relationship associated with it or derived from it shall be governed by the laws of the Province of British Columbia.

17. CORPORATE CLIMATE ACTION STRATEGY REQUIREMENTS

17.1 The Contractor will comply with the Government of BC Greenhouse Gas (GHG) Reporting Regulation (November 2009), which mandates municipal facilities to report GHG emissions by facility and in addition, report GHG emissions by Contractors hired for new contracts and contract renewals. The City of Courtenay have prepared a GHG emissions guide and format for ease of use to report GHG emissions on behalf of the City.

17.2 The City requires the management of its assets in an environmentally sound manner and integrates environmental factors into planning and decision making. The intent is to conserve natural resources and to minimize negative impacts on the environment, while retaining optimal product or service performance. The City encourages the Contractor and sub-contractors to minimize impacts on the environment including recycling, re-use of materials where applicable and reduction of landfill waste.


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17.3 Anti-idling

In the interest of reducing negative impacts on human health, all Contractors working directly or indirectly for the City or on City owned property must ensure that when vehicles or equipment are not required to be running for operational purposes every effort is made to reduce engine idling.

Idling time shall be permitted to provide safe and efficient engine warm up time, 3 to 5 minutes for heavy duty vehicles and equipment, and up to 1 minute for light duty vehicles and equipment. During field operation, the same criteria shall apply.

These time periods have been calculated by Natural Resources Canada to account for all incremental weather wear on batteries and starters as well as the incremental usage associated with re-starting the engine. The anti-idling criteria do not apply to any situation where the safety of the operator, passengers or other person shall be compromised by turning off the engine.

IN WITNESS WHEREOF, the parties shall execute this Agreement with effect as of the date first forth above. THE CORPORATION OF THE CITY OF COURTENAY By: ________________________ By: ______________________

Signature Signature Name: ________________________ Name: ______________________ Title: ________________________ Title: ______________________ Date: ________________________ Date: ______________________ CONTRACTOR By: ________________________

Signature Name: Title: Date: ________________________

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