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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION INVITATION TO TENDERERS The Regional District of Nanaimo (RDN) invites tenders for the landscape restoration at Morningside Park in Nanaimo. The work to be performed generally includes the following: The supply, installation and maintenance of topsoil, a temporary irrigation system and native plant material at Morningside Park. Estimated total area to be restored is 1800 square meters. Tender Documents: The Tender Documents include: This Invitation to Tenderers The Instructions to Tenderers The Tender Form Addenda (if issued) The Contract Documents, including: o Agreement between the Owner and Contractor o Supplementary General Conditions (if any) o General Conditions o Drawings and Specifications Site Meeting: A non-mandatory pre-tender site meeting will be held at the entrance to Morningside Park, 1001 Morningside Drive, Nanaimo B.C., on February 26, 2015 at 9:00 a.m. While attendance at the site meeting is not mandatory, all interested contractors are encouraged to attend. Tender Closing Time and Address for Submission of Tenders: Tenders must be received at: Address: Regional District of Nanaimo Regional and Community Utilities 2 nd Floor – 6300 Hammond Bay Road Nanaimo, B.C. V9T 6N2 On or before the following date and time (the “Proposal Closing Time”): Time: 2:00 p.m. local time (as determined by the RDN’s local area network clock) Date: 5 March 2015 The RDN reserves the right to extend the Tender Closing Time by addendum at any time in its discretion. Tender Opening: Tenders will be opened in public. Enquiries: All enquiries regarding the Tender Documents shall be directed in writing to: Name: Mr. Maurice Mauch, AScT Address: 2 nd Floor – 6300 Hammond Bay Road, Nanaimo, B.C. V9T 6N2 Email: [email protected]
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OUTFALL LANDSCAPE RESTORATION INVITATION …...REGIONAL DISTRICT OF NANAIMO –OUTFALL LANDSCAPE RESTORATION INSTRUCTIONS TO TENDERERS 1. DEFINITIONS 1.1 In the Tender Documents: (a)

Jul 17, 2020

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Page 1: OUTFALL LANDSCAPE RESTORATION INVITATION …...REGIONAL DISTRICT OF NANAIMO –OUTFALL LANDSCAPE RESTORATION INSTRUCTIONS TO TENDERERS 1. DEFINITIONS 1.1 In the Tender Documents: (a)

REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

INVITATION TO TENDERERS

The Regional District of Nanaimo (RDN) invites tenders for the landscape restoration at Morningside Park in Nanaimo. The work to be performed generally includes the following: The supply, installation and maintenance of topsoil, a temporary irrigation system and native plant material at Morningside Park. Estimated total area to be restored is 1800 square meters. Tender Documents: The Tender Documents include:

• This Invitation to Tenderers • The Instructions to Tenderers • The Tender Form • Addenda (if issued) • The Contract Documents, including:

o Agreement between the Owner and Contractor o Supplementary General Conditions (if any) o General Conditions o Drawings and Specifications

Site Meeting: A non-mandatory pre-tender site meeting will be held at the entrance to Morningside Park, 1001 Morningside Drive, Nanaimo B.C., on February 26, 2015 at 9:00 a.m. While attendance at the site meeting is not mandatory, all interested contractors are encouraged to attend. Tender Closing Time and Address for Submission of Tenders:

Tenders must be received at:

Address: Regional District of Nanaimo Regional and Community Utilities

2nd Floor – 6300 Hammond Bay Road Nanaimo, B.C. V9T 6N2

On or before the following date and time (the “Proposal Closing Time”):

Time: 2:00 p.m. local time (as determined by the RDN’s local area network clock) Date: 5 March 2015

The RDN reserves the right to extend the Tender Closing Time by addendum at any time in its discretion.

Tender Opening: Tenders will be opened in public. Enquiries: All enquiries regarding the Tender Documents shall be directed in writing to:

Name: Mr. Maurice Mauch, AScT Address: 2nd Floor – 6300 Hammond Bay Road, Nanaimo, B.C. V9T 6N2 Email: [email protected]

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REGIONAL DISTRICT OF NANAIMO –OUTFALL LANDSCAPE RESTORATION

INSTRUCTIONS TO TENDERERS

1. DEFINITIONS

1.1 In the Tender Documents:

(a) “Closing Location” has the meaning set out in the Invitation to Tender;

(b) “Closing Time” has the meaning set out in the Invitation to Tender;

(c) “Contact Person” has the meaning set out in section 4.1 of these Instructions to Tenderers;

(d) “Tender Documents” has the meaning set out in the Invitation to Tender;

(e) “Total Tender Amount” has the meaning set out in Appendix 1 (Schedule of Prices and Estimated Quantities) of the Tender Form; and

(f) Other capitalized terms have the meaning set out in the Contract Documents.

2. SUBMISSION OF TENDERS

2.1 Tenders must be received at the Closing Location by the Closing Time.

2.2 Tenders received after the Closing Time will be returned unopened to the tenderer.

3. TENDER REQUIREMENTS

3.1 Tender Form: Tenders should be submitted on the Tender Form provided, including the following appendices to the Tender Form:

(a) Appendix 1 Schedule of Prices and Estimated Quantities;

(b) Appendix 2 List of Proposed Subcontractors;

(c) Appendix 3 Schedule;

(d) Appendix 4 Experience of Superintendent; and

(e) Appendix 5 Comparable Work Experience

3.2 Security: Tenders must be accompanied by bid security in an amount not less than 10% of the Total Tender Amount, in one of the following forms:

(a) A bid bond in the form attached as Attachment 1 to these Instructions to Tenderers (or a similar form reasonably satisfactory to the Owner) issued by a surety licensed to carry on the business of suretyship in British Columbia; or

(b) A letter of credit in the form attached as Attachment 2 to these Instructions to Tenderers (or a similar form reasonably satisfactory to the Owner) issued by a bank licensed to conduct business in British Columbia; or

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(c) A certified cheque issued by a bank licensed to conduct business in British Columbia.

3.3 Undertakings of Surety: Not required for this tender.

3.4 Signature: Tenders should be signed by a person or persons authorized to sign on behalf of the tenderer:

(a) If the tenderer is a partnership or joint venture, then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign the tender;

(b) If the tenderer is a corporation then the name of the corporation should be provided and the tender should be signed by an authorized signatory of the corporation.

Tenders that are not signed (or not signed as described above), may, at the Owner’s discretion, be rejected.

3.5 Tenders should be submitted in a sealed envelope, clearly marked on the outside with the name of the tenderer and REGIONAL DISTRICT OF NANAIMO OUTFALL LANDSCAPE RESTORATION

4. ENQUIRIES AND ADDENDA

4.1 All enquiries regarding the Tender Documents should be directed in writing to the person named in the invitation to tenderers (the “Contact Person”).

4.2 If a tenderer is in doubt as to the meaning of any provision of the Tender Documents, the tenderer should request clarification from the Contact Person at the email address set out in the Invitation to Tender. If a tenderer finds any discrepancy, omission, ambiguity or conflict in or among the Tender Documents, the tenderer should notify the Contact Person immediately. The Owner may, if it considers necessary, provide clarification by issuing a written addendum, which addendum will become part of the Tender Documents. No oral explanations or representations from the Contact Person or any other person will affect or amend any provision of the Tender Documents, including these Instructions to Tenderers. The Tender Documents may only be amended by way of written addendum issued by the Owner.

4.3 The Owner may respond to requests for clarification or issue addenda at any time. However, the Owner reserves the right, at its discretion, not to respond to any enquiry or request received within 3 working days of the Closing Time.

5. SITE ASSESSMENT AND SITE VISIT

5.1 Tenderers are responsible for visiting and examining the Site prior to submitting a tender. Tenderers are responsible for making all investigations necessary as to be familiar with, and make allowance in its tender for, all conditions at the Site which might affect the tender, including:

(a) The form and nature of the Site;

(b) The nature and condition of the ground and subsoil;

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(c) The quantities, location and nature of the Work, and equipment necessary for performance of the Work;

(d) The means of access to the Site;

(e) The accommodation and facilities that may be required to perform the Work;

(f) The conditions under which the labour force will be employed; and

(g) All Site risks, contingencies and other circumstances which may influence or affect the submitted tender.

By submitting a tender, a tenderer represents that it has examined the Site or specifically elected not to. No additional payments or time extensions will be claimable because of difficulties related to conditions at the Site that were reasonably foreseeable by a contractor qualified to undertake the Work.

5.2 The Owner anticipates holding an information meeting and Site visit at the date and time set out in the Invitation to Tenderers. While attendance is optional, tenderers who do not attend will be deemed to have attended the information meeting and site visit and to have received any and all of the oral and written information given at such meeting and visit.

6. TOTAL TENDER AMOUNT

6.1 The Total Tender Amount should be in Canadian funds and should include all taxes, except for GST.

6.2 The Total Tender Amount will represent the entire cost (excluding GST) to the Owner of the complete Work based on Appendix 1 (Schedule of Prices) of the Tender Form. Tenderers are responsible for including in the tendered prices (including the tendered unit prices and lump sums) sufficient amounts to cover the costs of all labour, equipment and material included in or required for the Work, all duties and taxes (except for GST) and all overhead costs and all amounts for the tenderer’s profit.

6.3 The tendered lump sum amount for bonding and insurance (item 1 in Appendix 1 of the Tender Form) should not exceed (2%) of the Total Tender Amount.

7. AMENDMENT OF A TENDER

7.1 Tenderers may amend or revoke a tender by written notice, signed by the person(s) that signed the tender form, and delivered to and received by the Owner at the Closing Location before the Closing Time. An amendment or revocation that is received after the Closing Time will not be considered and will not affect a tender as submitted.

8. DURATION OF TENDERS

8.1 Tenders will remain valid and irrevocable for the period of 60 days as set out in the Tender Form.

9. TENDER EVALUATION AND RESERVATION OF RIGHTS

9.1 Notwithstanding any custom in the trade or industry, or any previous policy or practice, the Owner reserves the right, in its sole discretion, and according to its own judgment of its best interest:

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(a) To reject any tender for any reason, including a tender that is incomplete, conditional, qualified or contains any other irregularity or defect;

(b) To reject all tenders for any reason, terminate this tender process and, if the Owner elects, obtain or proceed with the Work in some other manner, including by re-tendering or by negotiating a contract with any person, including any person that submitted a tender;

(c) To accept any tender, including a tender that is not the lowest price tender, that the Owner determines is most advantageous to the Owner, including having regard for:

(i) The tenderer’s Total Tender Amount;

(ii) The tenderer’s proposed number of calendar days to achieve Substantial Performance after the Notice to Proceed;

(iii) The tenderer’s experience;

(iv) The Owner’s experience (or the experience of any municipality on the RDN board) with the tenderer, including respecting any current or past disputes.

(d) To waive an omission, qualification, irregularity or other defect in a tender and accept that tender; and

(e) To negotiate with a tenderer that the Owner determines submits a tender is most advantageous under section 9.1(c) above. In no event will the Owner be required to offer any modified terms to any other tenderer prior to entering into a contract with the successful bidder and the Owner will incur no liability to any bidder as a result of such negotiations and modifications.

9.2 The Owner may, at its discretion, request clarifications or additional information from a tenderer with respect to any tender (including without limitation a further breakdown of relevant components of the Total Tender Amount), and the Owner may make such requests to only selected tenderers. The Owner may consider such clarifications or additional information in evaluating a tender.

9.3 If there are any discrepancies in a tenderer’s completed Appendix 1 (Schedule of Prices) between the unit prices and the extended totals then the unit prices will be deemed to be correct, and the corresponding corrections will be made to the extended totals and the Total Tender Amount.

9.4 Every item in Appendix 1 (Schedule of Prices) should be priced. If a tenderer considers that the price for any item is already included in the price for another item the tenderer should insert “NIL” in the amount column.

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9.5 If a unit price or an extended total has been omitted, the following will apply:

(a) If a unit price is given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity, and inserted as the extended total and the Total Tender Amount revised to account for the inserted extended total;

(b) If an extended total is given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity, and inserted as the unit price;

(c) If both the unit price and the corresponding extended total for a tender item have been omitted (or if the tenderer has inserted “NIL” in the cost column), the price for the item omitted will be deemed to have been included in the other rates included in Appendix 1 (Schedule of Prices).

9.6 The Total Tender Amount should be the sum of all of the extended total amounts in Appendix 1 (Schedule of Prices). If the Owner identifies a discrepancy between the Total Tender Amount shown and the sum of the extended total amounts, the sum of the extended total amounts will govern and the Owner may revise the Total Tender Amount accordingly.

10. SUBCONTRACTORS

10.1 The Owner reserves the right to object to a proposed subcontractor. If the Owner objects to a proposed subcontractor, the Owner will permit a tenderer, within 5 working days, to propose a substitute subcontractor acceptable to the Owner (provided that there is no resulting adjustment to the Total Tender Amount or the time for achieving Substantial Performance of the Work) or the tenderer may withdraw its tender.

11. NO CLAIMS

11.1 By submitting a tender, each tenderer agrees that the Owner and its employees, advisors and representatives will not under any circumstances be liable for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the tenderer in preparing and submitting a tender, participating in this tender process or other activity related to or arising out of this tender process, including if the Owner for any reason cancels this tender process, rejects any or all tenders, fails to identify or correct a discrepancy in a tenderer’s Appendix 1 (Schedule of Prices), accepts any compliant or non-compliant tender or breaches any duty of fairness, express or implied term of the tender documents or other duty owed to the tenderer.

12. CONFIDENTIALITY

12.1 All tenders become the property of the Owner and will not be returned to the tenderer. The Owner is a “public body” defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia.

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Attachment 1- Form of Bid Bond (Refer to section 3.2(a) of Instructions to Tenderers)

as Contractor, (hereinafter called the Contractor), and as Surety, (hereinafter called the Surety), are jointly and severally held and firmly bound unto REGIONAL DISTRICT OF NANAIMO as Owner, (hereinafter called the Owner), in the sum of TEN PER CENT (10%) of the TOTAL TENDER AMOUNT of lawful money of Canada, for the payment whereof unto the Owner, the Contractor and Surety jointly and severally bind themselves forever firmly by these presents. WHEREAS, the Contractor is herewith submitting its offer for the fulfilment of:

Regional District of Nanaimo – Outfall Landscape Restoration (the “Contract”) AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as fully as if it were the Contractor, and that nothing of any kind or nature whatsoever that will not discharge the Contractor shall operate as a discharge or a release of liability to the Surety, any law, rule of equity or usage relating to the liability of sureties to the contrary notwithstanding. AND IT IS HEREBY DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Contractor, the Surety and the Owner and upon and to their respective heirs, executors, administrators, successors and assigns, and every of them as if the words "heirs, executors, administrators, successors and assigns" had been inscribed in all necessary places. Dated this day of , 20 . In the case of incorporated company: SIGNED, SEALED AND DELIVERED The Corporate Seal of (Name of Company) is hereunto affixed in the presence of its duly authorized signing officers: (Seal)

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(Specify position with Company) (Specify position with Company) OR, in the case of an individual or individuals: SIGNED, SEALED AND DELIVERED by: (Seal) in the presence of: (Name of Witness) (Seal) (Address) (Occupation) SURETY was hereunto affixed in the presence of (Name and Title) (Seal) (Name and Title)

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Attachment 2 – Form of Letter of Credit (Refer to section 3.2(b) of Instructions to Tenderers)

Letter of Credit No: Amount: [minimum sum of ten percent (10%) of the Total Tender Amount] TO: Regional District of Nanaimo ADDRESS: 6300 Hammond Bay Road Nanaimo, BC V9T 6N2 WE HEREBY AUTHORIZE YOU TO DRAW ON THE (name and address of bank) for the account of (name of Contractor) UP TO AN AGGREGATE AMOUNT OF (dollars in writing and in numbers) available on demand. PURSUANT TO THE REQUEST OF our customer: (name of Contractor) we the (name of bank) hereby establish our Irrevocable Commercial Letter of Credit in your favour in the above amount which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and the said customer to make such demand, and without recognizing any claim of our said customer, or objection by it to payment by us. THE LETTER OF CREDIT we understand relates to those services and financial obligations set out in an agreement between the customer and the Regional District of Nanaimo and referred to as (name and number of Contract). THE AMOUNT of this Letter of Credit may be reduced from time to time as advised by notice in writing to the undersigned from time to time by the Regional District of Nanaimo. THIS LETTER OF CREDIT will continue in force for a period of SIXTY (60) CALENDAR DAYS from the opening of tenders for the said Contract. DATED at , British Columbia, this day of , 20 . COUNTERSIGNED BY: (Name of bank) Per:

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

TENDER FORM

Tenderers should complete the following information. Any future correspondence from the Regional District of Nanaimo concerning this tender process will be directed to the address shown below. NAME OF FIRM TENDERING: CONTACT NAME: MAILING ADDRESS: Postal Code: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: DATE:

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To Regional District of Nanaimo: 1. The undersigned tenderer:

(a) Having carefully read and examined the Tender Documents, including the Invitation to Tender, Instructions to Tenderers, Tender Form, Agreement between Owner and Contractor, Supplementary General Conditions, General Conditions, Specifications, Drawings and Addenda; and

(b) Having carefully examined the locality and the site of the Work and having full knowledge

of the Work required and of the materials to be furnished and used, hereby offers to: (c) Perform and complete the Work and to provide all necessary labour, plant, tools and

materials as set forth and in strict accordance with the Specifications, Drawings and other Contract Documents, and to do all therein called for on the terms and conditions and under the provisions therein at the prices which the tenderer has entered in Appendix 1 (Schedule of Prices) to this Tender Form (for the purposes of tender comparison, our offer is to complete the Work for the Total Tender Amount set out in Appendix 1, which excludes GST); and

(d) Achieve Substantial Performance of the Work within ____________ calendar days after

the Notice to Proceed.

2. The undersigned tenderer confirms that the following appendices are attached to and form part of this tender:

• The Appendices listed in section 3.1 of the Instructions to Tenderers • The bid security as required by section 3.2 of the Instructions to Tenderers

3. The undersigned tenderer hereby agrees that this tender will be irrevocable and open for

acceptance by the Owner for a period of sixty (60) calendar days from the Closing Time. If within this period the Owner delivers a written notice (“Notice of Award”) by which the Owner accepts the tender, the undersigned tenderer will:

(a) Within seven (7) calendar days of receiving the Notice of Award, deliver to the Owner the

following: (i) Copies of all liability insurance and property insurance policies and certificates

required and specified in GC 55; and (ii) The detailed Work Schedule and Plan of Operation required by GC 41; and

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(b) Sign the Contract Documents and return them to the Owner within five (5) days after receiving a copy of the Contract Documents from the Owner.

4. The undersigned tenderer hereby agrees that if the Owner accepts the tenderer’s tender and the

undersigned fails or refuses, for any reason, to deliver the documents specified above within the time required, then such failure or refusal will be deemed to be a refusal to enter into the Contract and the Owner may award the Contract to another party. In such event the tenderer will, without limiting any other remedy the Owner may have against the tenderer, forfeit the lesser of the full amount of the tenderer’s bid security and the amount by which the tenderer’s Total Tender Amount is less than the amount by which the Owner contracts with another party to perform the Work.

5. The undersigned tenderer hereby agrees that it has made this tender without any connection,

knowledge, comparison of figures, or arrangement with any other person or persons submitting tenders for this Contract, and that this tender is without collusion or fraud.

Dated this day of 20 . If the tenderer is a corporation:

Name of corporation: _______________________________________________________

Address: _______________________________________________________

_______________________________________________________

Signature: ______________________________

Authorized Signatory

If the tenderer is a partnership or joint venture:

Name of partnership or joint venture: ___________________________________

Address: ___________________________________

___________________________________

Names of partners/joint venturers: ___________________________________

___________________________________

Signature of each partner/joint venturer: ___________________________________

___________________________________

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

APPENDIX 1 – SCHEDULE OF PRICES

For the purpose of comparison of tenders and for subsequent payment, each tenderer should break down its Total Tender Amount into the following lump sum items. The cost of work not specifically mentioned in this Appendix but included in the Drawings and Specifications, either directly or by implication, are to be included in the item to which it is most applicable. Refer to the Drawings and Specifications for a description of the Work to be involved in each item. All items under this schedule should be completed. Refer to section 9.4 of the Instructions to Tenderers.

ITEM DESCRIPTION SECTION UNITS QTY RATE AMOUNT 1. Bonding and Insurance

(should not exceed 2% of total tender amount)

GC 34, & 55

LS n/a n/a $

2. Mobilization LS n/a n/a $

3 Demobilization LS n/a n/a $

4 Installation of topsoil Drawing L-1 and L-2

LS n/a n/a $

5 Installation of plants Drawing l-1 and L-2

LS n/a n/a $

6 Installation of temporary irrigation

Drawing L-2 LS n/a n/a $

7 Annual maintenance Drawing L-2 year 2 $

the“Total Tender Amount” (excludes GST)

$

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REGIONAL DISTRICT OF NANAIMO - OUTFALL LANDSCAPE RESTORATION

APPENDIX 2 – LIST OF PROPOSED SUBCONTRACTORS

The tenderer should provide the names and addresses of those subcontractors that the tenderer intends to employ on the work specified below.

ITEM OF WORK TO BE SUBCONTRACTED NAME, ADDRESS AND TELEPHONE OF

PROPOSED SUBCONTRACTOR

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REGIONAL DISTRICT OF NANAIMO - OUTFALL LANDSCAPE RESTORATION

APPENDIX 3 – PRELIMINARY CONSTRUCTION SCHEDULE

INDICATE SCHEDULE WITH BAR CHART WITH MAJOR ITEM DESCRIPTIONS AND TIME MILESTONE DATES ____________________________

ACTIVITY CONSTRUCTION SCHEDULE

1 2 3 4 5 6 7 8 9 10

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

APPENDIX 4 – EXPERIENCE OF SUPERINTENDENT Name: ________________________________ Experience: Dates: ________________________________________________________________________ Project Name: _________________________________________________________________ Responsibility: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ References: _________________________________________________________________ Dates: ________________________________________________________________________ Project Name: _________________________________________________________________ Responsibility: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ References: _________________________________________________________________ Dates: ________________________________________________________________________ Project Name: _________________________________________________________________ Responsibility: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ References: _________________________________________________________________

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REGIONAL DISTRICT OF NANAIMO - OUTFALL LANDSCAPE RESTORATION

APPENDIX 5 – COMPARABLE WORK EXPERIENCE

PROJECT OWNER/ CONTRACT NAME

PHONE NUMBER WORK DESCRIPTION

VALUE ($)

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

AGREEMENT BETWEEN THE OWNER AND CONTRACTOR

THIS AGREEMENT made this day of ___ in the year 20 by and between the REGIONAL DISTRICT OF NANAIMO, herein called the "Owner", and [INSERT CONTRACTOR’S NAME] herein called the "Contractor". The Contractor and the Owner agree as follows: ARTICLE 1: THE WORK (i) The Contractor will perform all work required by the Contract Documents (the “Work”) and will

provide all necessary materials, equipment, labour and supervision to perform the Work. (ii) The Contractor will perform the Work in accordance with the Contract Documents and with that

degree of care, skill and diligence normally provided by a qualified and experienced contractor in the construction industry performing work similar to the Work in British Columbia, and in compliance with all applicable laws.

ARTICLE 2: CONTRACT DOCUMENTS The “Contract Documents” means the following documents:

• Agreement between the Owner and Contractor • the following addenda: (list addenda here if any issued) • Supplementary General Conditions • General Conditions and attachments to the General Conditions • Drawings and Specifications (refer to Schedule 1 [List of Drawings and Specifications])

ARTICLE 3: CONTRACT TIME The Contractor will: (i) Commence the Work within a period of 7 calendar days of receipt of a written notice to proceed

(“Notice to Proceed”) from the Owner; (ii) Achieve Substantial Performance of the Work within a period of [INSERT NUMBER OF DAYS

FROM 1(d) OF TENDER FORM] calendar days from the date of the Notice to Proceed, subject to any extensions made in accordance with the Contract Documents (the “Contract Time”).

The Contractor will pay liquidated damages in the amount set out in the General Conditions if the Contractor fails to achieve Substantial Performance of the Work within the Contract Time.

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ARTICLE 4: CONTRACT PRICE AND PAYMENT (i) The price for the Work (the “Contract Price”) will be the sum of:

(a) The product of the actual quantities of the items listed in the Schedule of Prices which are incorporated into or made necessary by the Work and the unit prices set out in the Schedule of Prices; plus

(b) All lump sums, if any, as listed in the Schedule of Prices, for items relating to or

incorporated into the Work; plus (c) Any adjustments made in accordance with the Contract Documents, including any

amounts owing on account of changes made by change order under GC 42. (ii) The prices set out in the Schedule of Prices include all applicable taxes (except for GST), all profit

and all costs and expenses incurred by the Contractor whatsoever in performing the Work. (iii) The Owner will pay the Contractor the Contract Price plus applicable GST by way of progress

payments as described in the Contract Documents. ARTICLE 5: NOTICES (i) Communications in writing between the parties may be delivered to the following addresses:

The Contractor at (Address)

The Owner at Regional District of Nanaimo 6300 Hammond Bay Road Nanaimo, BC, V9T 6N2

Either party may change its address by notice to the other party.

(ii) Communication in writing between the parties will be deemed to have been received by the

addressee, as per the following delivery schedule:

i) By hand – on the date of delivery of the communication ii) By registered mail – three calendar days following date of the communication iii) By regular mail – seven calendar days following date of the communication

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If, between the time of mailing and the actual receipt of the communication, there occurs a mail strike, or other labour dispute which affects the delivery of such communication, then such communication will be deemed to be received when actually delivered.

ARTICLE 6: GENERAL (i) This Contract contains the entire agreement between the Owner and the Contractor and supersedes all communications, negotiations and agreements, either written or oral, relating to the Work made prior to the date of the Contract. (ii) This Contract may not be amended except by a further written agreement signed by both parties. (ii) The Contract will be interpreted in accordance with the laws of British Columbia and the

applicable laws of Canada therein. (iv) If any provision of this Contract is invalid or unenforceable, it will be severed from the Contract

and will not affect the enforceability or validity of the remaining provisions of the Contract.

IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year above first written.

(INSERT CONTRACTOR’S NAME) Authorized Signatory Name and Position REGIONAL DISTRICT OF NANAIMO Authorized Signing Officer Position

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

SCHEDULE 1 - LIST OF DRAWINGS AND SPECIFICATIONS List of Contract Drawings: Dwg. No. Title L 1 Landscape Plan - Regional District of Nanaimo Marine Outfall Upgrade Morningside Park L 2 Specifications - Regional District of Nanaimo Marine Outfall Upgrade Morningside Park Specification Sections: Regional District of Nanaimo – Wastewater Services’ Environmental Management System

LWD-COM-10.1 Contractor Supply Package.

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SCHEDULE 2 – SCHEDULE OF PRICES Insert completed schedule from tender form

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SCHEDULE 3 – LIST OF SUBCONTRACTORS Insert completed list from tender form

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REGIONAL DISTRICT OF NANAIMO – OUTFALL LANDSCAPE RESTORATION

GENERAL CONDITIONS

LIST OF GENERAL CONDITIONS GC # 1. DEFINITIONS ................................................................................................................................. 3 2. INTENT OF CONTRACT ................................................................................................................ 4 3. DRAWINGS AND SPECIFICATIONS FURNISHED ...................................................................... 4 4. DOCUMENT CONFLICTS AND OMISSIONS ................................................................................ 4 5. DISCREPANCIES ........................................................................................................................... 5 6. CONTRACT INTERPRETATION AND DECISIONS ...................................................................... 5 7. SHOP DRAWINGS ......................................................................................................................... 5 8. LOCATION OF THE WORK ........................................................................................................... 6 9. INVESTIGATION BY CONTRACTOR OF CONDITIONS AFFECTING WORK ............................ 6 10. ENGINEER'S STATUS ................................................................................................................. 7 11. INSPECTION OF WORK .............................................................................................................. 7 12. SUPERVISION AND LABOUR ..................................................................................................... 8 13. LANDS BY OWNER ...................................................................................................................... 8 14. LANDS REQUIRED BY CONTRACTOR ...................................................................................... 8 15. PRIVATE LAND ............................................................................................................................ 8 16. ASSIGNMENT OF CONTRACT ................................................................................................... 9 17. SUSPENSION OF WORK BY OWNER ........................................................................................ 9 18. OWNER'S TERMINATION OF THE CONTRACTOR'S RIGHTS ................................................. 9 19. CONTRACTOR'S TERMINATION OF THE CONTRACT .......................................................... 10 20. SEPARATE CONTRACTS ......................................................................................................... 11 21. SUBCONTRACTS ...................................................................................................................... 11 22. ORAL AGREEMENTS ................................................................................................................ 11 23. NON-WAIVER ............................................................................................................................. 11 24. MATERIALS BY CONTRACTOR ............................................................................................... 12 25. MATERIALS BY OWNER ........................................................................................................... 12 26. MATERIALS STORAGE ............................................................................................................. 12 27. TESTING, REJECTED WORK AND MATERIALS ..................................................................... 12 28. OWNER'S RIGHT TO CORRECT DEFICIENCIES .................................................................... 13 29. PERSONNEL .............................................................................................................................. 13 30. GUARANTEE PERIOD ............................................................................................................... 13 31. WORKERS' COMPENSATION INSURANCE ............................................................................ 13 32. DAMAGE TO WORK .................................................................................................................. 14 33. INDEMNITY ................................................................................................................................ 14 34. BONDS ....................................................................................................................................... 14 35. PATENTS AND ROYALTIES ...................................................................................................... 14 36. PERMITS AND REGULATIONS ................................................................................................. 14 37. SAFETY REQUIREMENTS ........................................................................................................ 14 38. EMERGENCIES .......................................................................................................................... 17 39. NOTICE TO PROCEED .............................................................................................................. 17 40. FAILURE TO COMPLETE ON TIME .......................................................................................... 17 41. SCHEDULE OF COMPLETION .................................................................................................. 17

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42. CHANGES IN THE WORK ......................................................................................................... 18 43. FORCE ACCOUNT WORK ........................................................................................................ 18 44. EXTENSION OF CONTRACT TIME ........................................................................................... 19 45. USE OF COMPLETED PORTIONS ........................................................................................... 20 46. PROGRESS PAYMENTS ........................................................................................................... 20 47. STATUTORY DECLARATIONS ................................................................................................. 21 48. PAYMENT WITHHELD ............................................................................................................... 21 49. BUILDER'S LIENS ...................................................................................................................... 22 50. COMPLETION & NOTICE OF ACCEPTANCE .......................................................................... 22 51. PARTIAL COMPLETION AND NOTICE OF PARTIAL ACCEPTANCE ..................................... 23 52. FINAL PROGRESS PAYMENT .................................................................................................. 24 53. PROGRESS PAYMENT AFTER PARTIAL COMPLETION ....................................................... 24 54. RELEASE OF HOLDBACK ......................................................................................................... 24 55. INSURANCE ............................................................................................................................... 25 56. TAXES ........................................................................................................................................ 26 57. NORMAL HOURS OF WORK .................................................................................................... 26 58. DISPUTE RESOLUTION ............................................................................................................ 27

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GENERAL CONDITIONS

1. DEFINITIONS

In the Contract Documents the following definitions apply: "Builders Lien Act" means Builders Lien Act of British Columbia. "Certificate of Substantial Performance" means a certificate issued by the Engineer indicating that Substantial Performance of the Work has been achieved.

“Contract” means this contract as described in the Contract Documents. "Contract Documents" has the meaning set out in Article 2 of the Agreement between the Owner and Contractor. "Contract Price" has the meaning set out in Article 4 of the Agreement between the Owner and Contractor.

“Contract Time” has the meaning set out in Article 3.ii) of the Agreement between the Owner and Contractor. "Contractor" has the meaning set out in the Agreement between the Owner and Contractor.

“Drawings” means the drawings listed in Schedule 1 [List of Drawings and Specifications] of the Agreement between the Owner and Contractor. "Engineer" will mean the Project Manager or his authorized representative.

“Notice of Acceptance” has the meaning set out in GC 50. “Notice to Proceed” has the meaning set out in Article 3(.i) of the Agreement; "Owner" has the meaning set out in the Agreement between the Owner and Contractor. "Place of the Work" or “Site” means the location of the Work as defined by the Contract and can include any or all of the following: Capital Regional District property, non-Capital Regional District property, private property, public property, or public or private road.

“Schedule of Prices and Estimated Quantities” means Schedule 2 [Schedule of Prices and Estimated Quantities] of the Agreement between Owner and Contractor.

“Specifications” means the specifications listed in Schedule 1 [List of Drawings and Specifications] of the Agreement between the Owner and Contractor.

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"Substantial Performance of the Work" means that: (1) the Contract has been substantially performed within the meaning of section 1(2) of the Builders Lien Act; and (2) that the Work is being used or is ready for use for the purposes intended. "Work" has the meaning set out in Article 1 of the Agreement between the Owner and Contractor. "Working Days" means a day other than a Saturday, Sunday or statutory holiday in British Columbia.

2. INTENT OF CONTRACT

The intent of the Contract is that the Contractor will provide all materials, supervision, labour, equipment, and all else necessary for the complete performance of the Work. It is not intended, however, that the Contractor supply materials, equipment or labour not consistent with, covered by or properly inferable from the Contract Documents.

3. DRAWINGS AND SPECIFICATIONS

The Owner will provide the Contractor with copies of the Drawings and Specifications to download. One (1) complete set of all Drawings and Specifications will be maintained at the jobsite by the Contractor and will be available to the Engineer at all times. Additional instructions may be issued by the Engineer during the progress of the Work by means of drawings or otherwise for clarification of the Drawings and Specifications, or as may be necessary to explain or illustrate changes in the Work to be done.

4. DOCUMENT CONFLICTS AND OMISSIONS In case of any inconsistency or conflict between the provisions of the Contract Documents, the provisions of such documents and addenda thereto will take precedence and govern in the following order:

(a) Agreement Between the Owner and Contractor (b) Addenda (c) Supplementary General Conditions (d) General Conditions (e) Specifications and Drawings

Figured dimensions on a Drawing take precedence over measurements scaled from the Drawing, and large scale drawings take precedence over those of smaller scale. Supplementary Drawings and Specifications supersede their antecedents. In case of conflict between figured dimensions on a Drawing and the dimensions of a specified product, the dimensions of the specified product will govern. The Drawings and Specifications complement each other and anything called for by one will be as binding as if called for by both.

Neither party to the Contract will take advantage of any apparent error or omission in the Drawings or Specifications. The Engineer will be permitted to make such corrections and interpretations as may

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be necessary for fulfilment of the intent of the Drawings and Specifications. Any such correction will be considered a change to the Work and GC 42 will apply.

5. DISCREPANCIES, ERRORS OR OMISSIONS IN DRAWINGS AND SPECIFICATIONS

If the Contractor discovers any discrepancy between any of the Drawings and Specifications or any errors or omissions in the Drawings or Specifications, the Contractor will immediately report such discrepancy, error or omission to the Engineer, who will promptly correct such error or omission in writing. The Contractor will not proceed with any Work affected by the discrepancy, error or omission until the Contractor has received corrected or missing information from the Engineer.

6. CONTRACT INTERPRETATION AND DECISIONS

The Engineer will be, in the first instance, the interpreter of the Contract Documents and the judge of the performance of both parties to the Contract. Interpretations and decisions of the Engineer will be consistent with the Contract Documents and made in consultation with both parties. In making a decision the Engineer will not show partiality to either the Owner or the Contractor.

Either the Owner or the Contractor may at any time, by written request in sufficient detail and accompanied by sufficient supporting documentation to reasonably describe the matter, refer any question, including claims relating to the performance of the Work or the interpretation of the Contract Documents, to the Engineer for an initial decision and the Engineer will render a written decision within a reasonable time, with copies to both the Owner and the Contractor.

If a party does not agree with an interpretation or decision of the Engineer then resolution of the matter will be dealt with in accordance with the provisions of Article 58.

7. SHOP DRAWINGS

The Contractor will furnish to the Engineer, at proper times, all shop drawings including diagrams, illustrations, schedules, performance charts, brochures and other data necessary to clarify the Work intended or to show its relation to adjacent work of other trades. The Contractor will provide such additional drawings and will make any changes or additions to such drawings or diagrams which the Engineer may require consistent with the Contract and will submit sufficient copies of the revised prints for review, all but three (3) of which will be returned to the Contractor following review.

Prior to submission to the Engineer the Contractor will review all shop drawings. By this submission, the Contractor represents that it has determined and verified all field measurements, field construction criteria, materials, catalogue numbers and similar data and that it has checked and coordinated each shop drawing with the requirements of the Work and of the Contract Documents.

The Contractor will submit shop drawings to the Engineer for review with reasonable promptness and in orderly sequence so as to cause no delay in the work of other contractors. If either the Contractor or the Engineer so requests, they will jointly prepare a schedule fixing the dates for submission and return of shop drawings. Shop drawings will be submitted in the form of a reproducible transparency

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or prints as the Engineer may direct. At the time of submission, the Contractor will notify the Engineer in writing of any deviations in the shop drawings from the requirements of the Contract Documents.

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 will be for conformity to the design concept and for general arrangement only and such review will not relieve the Contractor of responsibility for errors or 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 specifically approved in writing by the Engineer.

The Contractor will make any changes in shop drawings which the Engineer may require consistent with the Contract Documents and resubmit unless otherwise directed by the Engineer. When resubmitting, the Contractor will notify the Engineer in writing of any revisions other than those requested by the Engineer.

8. LOCATION OF THE WORK

Where location dimensions for the Work are not shown on the Drawings, the locations are intended as being approximate.

Unless otherwise specified, the Engineer will show the locations of legal survey markers and survey monuments on the Drawings and will provide an elevation bench mark. The Contractor will perform all detailed layout and will be responsible for all necessary detailed layout dimensions and elevations.

The Contractor will carefully preserve bench marks, reference points, and stakes. If the Contractor wilfully or carelessly destroys or disturbs markers, the Contractor will pay the Owner the cost of replacing them and the Contractor will be responsible for any mistakes that may be caused by their destruction, loss, or disturbance.

Legal survey markers disturbed or removed by the Contractor, that existed at a horizontal distance of 1.5 metres or more from the Work being installed, will be replaced by the Contractor at the Contractor's expense. If it is necessary to remove or disturb existing legal survey markers that are within 1.5 metres of the Work, the Contractor will notify the Engineer before such removal or disturbance, and replacement will be at the Owner's expense.

9. INVESTIGATION BY CONTRACTOR OF CONDITIONS AFFECTING WORK

The Contract between Owner and Contractor is made and entered into by the Contractor and the Owner on the distinct understanding that the Contractor has, before execution, investigated and satisfied himself of everything and of every condition affecting the Work to be executed and the labour and material to be provided, that the execution of this Contract by the Contractor is founded and based upon his examination, knowledge, information and judgement, and not upon any statement, representation or information made or given or upon any information derived from any representative of the Owner; and furthermore, the Contractor will make no claim against the Owner for any loss or damage sustained in consequence of or by reason of any such statement, representation or information being incorrect or inaccurate.

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10. ENGINEER'S STATUS

The Engineer will be the Owner's representative during the construction period and will observe Work in progress on behalf of the Owner. 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 the Contract.

The Contractor will 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 42, the Contractor will so notify the Engineer in writing before proceeding to carry them out and, in any event, within ten (10) calendar days of the receipt of such orders or instructions. If the Contractor does not so notify the Engineer within the time so limited, the Contractor will 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 notice to the Engineer will not relieve the Contractor of its obligations to carry out and obey such orders and instructions.

The Engineer may delegate to other persons such of the powers of the Engineer as the Engineer deems appropriate.

The Engineer or the Owner may appoint any person or company or the employee of any such person or company or of the Engineer to be an inspector of the Work. Such an inspector will have the authority of the Engineer to reject materials, procedures or workmanship as not complying with provisions of the Contract and to order the Contractor to stop work until the materials, procedures or workmanship comply with such provisions.

11. INSPECTION OF WORK

The Contractor will 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 Specifications, Engineer's instructions, laws, ordinances or any public authority requires any Work to be specially tested or approved, the Contractor will give the Engineer 24 hours minimum notice of such inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. The Engineer will inspect the Work promptly and without causing unreasonable delay to the Contractor. Extra payment will not be made to the Contractor for delay occasioned by an inspection, and extension of completion time will not be allowed for delay resulting therefrom.

On request by the Engineer, the Contractor will open 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 then the cost of uncovering and recovering the Work will be borne by the Owner. If any of the Work was covered by the Contractor in contravention of the Engineer's instructions, or if the uncovered Work is found not to be in accordance with the Contract requirements, then the cost of uncovering and recovering the Work will be charged to the Contractor.

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Any lack of comment on the part of the Engineer on methods of construction employed by the Contractor will not relieve the Contractor of his responsibility for any errors therein, and will not be regarded as an acceptance of Work done by the Contractor.

12. SUPERVISION AND LABOUR

The Contractor will keep on the Work at all times during its progress a competent superintendent who is approved by the Engineer, which approval may be withdrawn at any time. The superintendent will represent the Contractor and directions given to him will be held as being given to the Contractor.

13. LANDS BY OWNER

The Owner will provide the lands upon which the Work is to be performed. Where Work is to be performed on lands owned by others, the Owner will obtain the necessary easements or rights-of-way. The Owner will endeavour to obtain the necessary easements or rights-of-entry in time to permit construction to proceed as scheduled by the Contractor. When this is not possible, the Contractor will withhold Work on property owned by others until such time as easements or rights-of-entry have been obtained. Delay in providing these lands, or in obtaining easements or rights-of-way which, in the opinion of the Engineer, delays the Work or results in extra cost to the Contractor, will be deemed proper cause for adjustment of the Contract Time and adjustment of the Contract Price to cover the extra cost to the Contractor.

14. LANDS REQUIRED BY CONTRACTOR

Any lands other than those which are to be provided by the Owner and which may be required by the Contractor for temporary facilities, storage purposes, or access to the Site, will be obtained by the Contractor at no cost to the Owner.

15. PRIVATE LAND

It will be the Contractor's responsibility to ascertain the boundaries within which the Work must be confined. The Contractor will not enter lands other than those provided by the Owner for any purpose without obtaining prior written permission of the land owners and occupiers. The Contractor will not enter upon lands owned by others on which the Owner has easements or rights-of-entry without having received the written authorization of the Owner for such entry. It will be the Contractor's responsibility to ascertain from the Owner the conditions on which easements or rights-of-entry have been granted on private lands and to abide by these conditions throughout the course of construction. Any supplementary construction agreements made between the Contractor and the owner of private property in lieu of or in addition to the condition sheets provided by the Owner and forming part of the Contract Documents will be signed by the Owner and an authorized representative of the Contractor and a copy forwarded to the Engineer.

The Owner will not be responsible for any supplementary construction agreements other than those to which the Owner has signed.

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16. ASSIGNMENT OF CONTRACT

Neither party will sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portions thereof, or his right, title, or interest herein, or his obligations thereunder without written consent of the other party, except for an assignment to a bank of the payments to be received hereunder.

17. SUSPENSION OF WORK BY OWNER

The Owner may at any time suspend the Work, or any portion thereof, provided the Owner gives the Contractor five (5) calendar days written notice of suspension. The Contractor will resume the Work upon written notice of the Owner within ten (10) calendar days after the date set forth in such notice, or in a subsequent notice to resume the Work. The Owner will reimburse the Contractor for costs and expenses incurred by the Contractor necessitated by such suspension of the Work or portion thereof, but the Contractor will not recover from the Owner payment for any loss of anticipated profits or damages.

18. OWNER'S TERMINATION OF THE CONTRACTOR'S RIGHTS

The Owner will have the right to terminate the Contractor's right to continue with the Work if the Contractor at any time becomes bankrupt, makes an assignment of his property for the benefit of the creditors, or if a receiver or liquidator should be appointed. Such termination will be effective upon the Owner giving notice thereof.

If at any time the Contractor:

(a) Fails to commence the Work, or to recommence the Work, after a suspension within the time

specified in the Contract Documents;

(b) Fails to furnish or to maintain a detailed Work Schedule and Plan of Operation as required by Article 41 herein;

(c) Fails to comply with the instructions of the Engineer to expedite the 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;

(d) Fails to supply enough competent workmen, management, materials or suitable equipment; (e) Has become in any way unable to carry on the Work or any part thereof; or

(f) Has breached any other material term of this Contract,

The Owner may give notice in writing to the Contractor of such opinion and requiring that such default or defaults be remedied forthwith. If, within five (5) calendar days of such notice (or such longer period as the Owner determines is reasonably required to correct the default), such default or defaults are not remedied to the reasonable satisfaction of the Owner, the Owner may terminate the Contractor's right to perform further the Work. Such termination will be effective immediately.

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Upon such termination, the Owner may take possession of the Work and, subject to the rights of third parties, utilize the Contractor’s material and plant, including equipment, at the Site and complete the Work by whatever method the Owner considers expedient, but without undue delay or expense. If the Contractor's right to perform the Work is terminated in accordance with the provisions of this GC 18, the Contractor will not be entitled to receive any further payment until the Work is completed. Upon completion of the Work the Engineer will determine: (a) The amount which would have been due to the Contractor under the Contract if all of the Work

had been performed by the Contractor; and (b) The costs and expense borne by the Owner in completing the Work and damages for delay in

completion, if any. The Contractor will pay the Owner the amount by which the cost and expenses borne by the Owner in completing the Work, as determined by the Engineer, exceeds the amount in (a) above plus a further amount to compensate the Owner for any other loss or damage incurred or sustained by reason of the Contractor’s default. Upon completion of the Work, the Owner may return equipment to the Contractor or the Owner may sell such equipment and credit the net proceeds of such sale to the Contractor's account. The Owner will not be responsible for any damage or wear and tear to any equipment used by the Owner pursuant to this GC 18, provided that the Owner did not use the equipment in a negligent manner.

The Owner may at its discretion, under the provisions of this GC 18, 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 GC 18 will apply to such part or parts with such modifications as the circumstances may require.

19. CONTRACTOR'S TERMINATION OF THE CONTRACT

The Contractor will have the right to terminate the Contract for any of the following reasons:

(a) In the event of any order of any court or other public authority, other than the Owner, causing the Work to be stopped or suspended, and when the period of such stoppage or suspension exceeds ninety (90) calendar days, and when such stoppage or suspension occurs through no act or fault of the Contractor, his agent, or servants; or

(b) In the event that the Owner fails to pay, except as provided in the Contract Documents, any sum

certified by the Engineer within twenty (45) calendar days from the due date of payment, and fails to remedy such default within ten (15) calendar days of the Contractor's written notice to do so. In either event, the Owner will pay the Contractor for all Work performed up to the date of termination plus a reasonable amount to compensate the Contractor for expenses the Contractor

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incurs as a result of the termination of the Contract. The Owner will not be liable to the Contractor for any loss of profits.

The amount due to the Contractor for Work performed and losses sustained will be determined by the Engineer and certified by him to the Contractor and to the Owner.

20. SEPARATE CONTRACTS – Not applicable for this contract

The Owner reserves the right to let other contracts in connection with the Work. The Contractor will afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and will properly connect and coordinate the Contractor’s Work with the work of other contractors.

If any of the Work, as specified herein and shown on the Drawings, depends upon the work of any other contractor, the Contractor will inspect and measure the other contractor’s work in place and determine whether anything in such work renders it unsuitable for proper execution of the Work. The Contractor will promptly report the results of such inspection and measurement to the Engineer if anything in such work by other contractors renders it unsuitable for proper execution of the Work. The Contractor’s failure to inspect and report promptly will constitute an acceptance of the other contractor's work and the Contractor will have no claim against the Owner by reason of anything in such work rendering the same unsuitable for proper execution of the Work.

21. SUBCONTRACTS

The Contractor may use the subcontractors named in Schedule 3 [List of Subcontractors] of the Agreement between Owner and Contractor. The Contractor will not use any other subcontractors except with written approval from the Engineer. The Contractor is responsible to the Owner for the acts and omissions of all subcontractors and of their employees, to the same extent that the Contractor is responsible for the acts or omissions of persons employed by the Contractor. Nothing in the Contract Documents will create any contractual relation between any subcontractor and the Owner. The Contractor will bind every subcontractor to the terms of the Contract Documents.

22. ORAL AGREEMENTS

No oral instruction, objection, claim, or notice by any party to the other will 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 will be held to be waived or modified by reason of any act whatsoever, other than by a waiver or modification thereof in writing and agreed to by the parties to the Contract.

23. NON-WAIVER

Any failure by the Owner at any time, or from time to time, to enforce or require the strict keeping and performance 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 at any time to avail itself of such remedies as it may have for any breach of such terms or conditions.

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No provision in the Contract which imposes or may be deemed to impose extra or specific responsibilities or liabilities on the Contractor will restrict the general or other responsibilities or liabilities of the Contractor in any way.

24. MATERIALS BY CONTRACTOR

The Contractor will supply all materials required to perform the Work unless it is expressly specified to the contrary in the Contract Documents. Materials used in the Work will meet the requirements of the Specifications, or where not detailed in the Specifications, will be to the Engineer's satisfaction. Unless otherwise specified, all materials will be new.

Unless otherwise specified, the Contractor will provide all water, light, power, heating and equipment necessary for the execution of the Work.

All materials provided by the Contractor in order to complete the Work will vest in and become the property of the Owner as soon as the same are delivered to the Site, but will remain in the custody and at the risk of the Contractor.

25. MATERIALS BY OWNER

The Owner will provide only such materials as are specifically listed as being supplied by the Owner. The materials to be provided by the Owner are as follows: This Contract has no materials provided by the Owner.

26. MATERIALS STORAGE – Not applicable for this contract

The Contractor, at its own cost, will be responsible for storing all materials provided for the Work (whether supplied by the Owner under GC 25 or whether supplied by the Contractor) until they have been incorporated into the completed Work. The Contractor will store materials so as to ensure the preservation of their quality and fitness for the Work, and will protect stored materials from vandalism and theft. Stored materials will be located so as to facilitate prompt inspection. Faulty materials will not be stored on the site, and any material in storage found to be faulty will promptly be removed from the Site by the Contractor.

27. TESTING, REJECTED WORK AND MATERIALS

If, in the opinion of the Engineer, testing of materials or Work is required, the Engineer will arrange for a testing firm to carry out tests to determine whether the Contractor has met the requirements of the Contract Documents. Where initial testing indicates inadequacies additional testing may be required by the Engineer. The Contractor, as directed by the Engineer, will supply specimens or samples for testing. The Engineer has the authority to reject Work that, in the Engineer’s opinion, does not conform to the requirements of the Contract Documents or are in any way unsatisfactory or unsuited to the purpose

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for which they are intended. 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, will be removed by the Contractor within five (5) calendar days after written notice is given by the Engineer (or within such longer period as reasonably necessary in the opinion of the Engineer), and the Work will be replaced or re-executed by the Contractor. The fact that the Engineer may have previously overlooked such defective Work will not constitute acceptance. The removal of Work and the re-execution thereof will be at the expense of the Contractor, and the Contractor will be responsible for the cost of replacing materials of other contractors that are destroyed or damaged by the removal of the rejected Work or materials and the subsequent replacement with acceptable Work. The Contractor will also reimburse the Owner for initial testing and any additional engineering, inspection, testing or other contractor's costs incurred in respect of rejected Work or materials, whether such Work or materials are replaced or not or are accepted at a lower price.

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 will be determined by the Engineer.

28. OWNER'S RIGHT TO CORRECT DEFICIENCIES

Upon failure of the Contractor to perform the Work in accordance with the Contract, the Owner may, without notice and without prejudice to any other remedy the Owner may have, correct such deficiencies. The cost of Work performed by the Owner in correcting deficiencies will be paid by the Contractor or may be deducted from monies payable to the Contractor.

29. PERSONNEL

The Contractor will use only workers that have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any foreman or worker employed by the Contractor or subcontractor who, in the opinion of the Engineer, does not perform the work assigned in a skilful manner, or appears to be incompetent or to act in a disorderly or intemperate manner will, at the written request of the Engineer, be removed from the Site immediately and will be used to perform any portion of the Work without the approval of the Engineer.

30. GUARANTEE PERIOD – Not applicable for this contract 31. WORKERS' COMPENSATION INSURANCE

Prior to commencing the Work and prior to receiving payment on Substantial Performance of the Work, the Contractor will provide evidence of compliance with the requirements of the Workers' Compensation Act, including payments due thereunder.

At any time during the term of the Contract, when requested by the Owner, the Contractor will provide such evidence of compliance by the Contractor and its subcontractors.

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DAMAGE TO WORK

The Contractor will be responsible for all loss and damage whatsoever which may occur on or to the Work, completed or otherwise, until such time as the entire Work has been completed and the Notice of Acceptance has been issued by the Owner. In the event of any loss or damage occurring, the Contractor will, on notice from the Engineer, immediately put the Work into the condition it was immediately prior to such loss or damage, all at the Contractor's expense, except where such loss or damage was caused solely by an act of the Owner.

32. INDEMNITY

The Contractor will release, save harmless and indemnify the Owner and its directors, officers and employees, servants, agents, and the Engineer from and against all claims, actions, costs, expenses, judgements, damages, fines and fees of whatever kind, including solicitors’ fees on a solicitor and own client basis, which the Owner or any of the other indemnified parties may have or incur and which arises out of or in connection with any act or omission or alleged act or omission of the Contractor, his agents, employees or subcontractors in the execution of the Work and otherwise in the performance of or failure to perform the Contract.

33. BONDS

To ensure the faithful execution and proper fulfilment of this Contract, the Contractor will provide the Owner with the following bonds upon execution of the Contract: - Not applicable to this Contract.

34. PATENTS AND ROYALTIES – Not applicable for this contract

The Contractor will pay all royalties and licence fees with respect to and will assume the defence of and indemnify the Owner and its directors, officers and employees, servants, agents, and the Engineer from all claims relating to inventions, copyrights, trademarks, or patents used by the Contractor in performing the Work. The Contractor will not be liable hereunder with respect to any claims arising from a construction method, process or equipment specified by the Owner in the Contract Documents.

35. PERMITS AND REGULATIONS

The Contractor will, at his own expense, procure all permits, certificates and licences required for the Work and will comply with all federal, provincial, and local laws, regulations and by-laws affecting the execution of the Work, save insofar as the Contract Documents specifically provide otherwise.

The Owner will obtain all necessary governmental approvals for the design of the Work, and all permits and licences required by law to operate the completed Work.

36. SAFETY REQUIREMENTS

The Contractor will be, and will assume the responsibilities of, the “prime contractor” as defined in Part 3 of the Workers Compensation Act (British Columbia) for the Site.

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Accordingly, the Contractor will be responsible for all functions related to the coordination of the health and safety activities at the Site in accordance with the Workers Compensation Act and the WorkSafeBC Occupational Health and Safety Regulation. The Contractor must also maintain a safe Site and ensure the health and safety of all persons at or near the Site. Without limiting its obligations under applicable laws, the Contractor will: (a) Submit a “Notice of Project” to WorkSafeBC identifying the Contractor as the prime contractor,

post a copy of the Notice of Project on Site and deliver a copy to the Engineer;

(b) Comply with the provisions and amendments thereto of the Workers Compensation Act, the WorkSafeBC Occupational Health and Safety Regulation and all other applicable federal, provincial, regional and municipal laws, Owner’s policies and procedures, ordinances, codes and regulations. Where any of these are in conflict the more stringent will be followed;

(c) Assess the scope of the Work, the Site and surrounding environment and determine if hazards

exist. Refer to Appendix 1 [Prime Contractor Preconstruction Meeting Form – Agreement] to these General Conditions;

(d) Throughout the duration of the Work ensure that all workers on Site are complying with Workers'

Compensation Act and WorkSafeBC Occupational Health and Safety Regulation. This will include periodic inspections of the workplace and follow through with documentation of actions taken;

(e) Appoint a qualified workplace safety coordinator; (f) Post at the Site the name of the workplace safety coordinator, a Site drawing showing the

boundaries of the prime contractor's area of responsibility, with project layout, first aid location, emergency transportation provisions and the evacuation marwilling points;

(g) Ensure a copy of the Site -specific safety program, written procedures designed to protect the

health and safety of workers at the Site and the Workers Compensation Act and WorkSafeBC Occupational Health and Safety Regulation are available on Site;

(h) Ensure that the person who is appointed as the Workplace Safety Coordinator is qualified, by

reason of a combination of training, education and experience to perform the required duties effectively;

(i) When conditions or activities on the Site affect the workers of more than one employer, or where

there are overlapping or adjoining work activities by two or more employers, the Contractor will ensure that the Workplace Safety Coordinator coordinates the occupational health and safety activities at the site;

(j) Alert all workers to all reasonably foreseeable hazards to which they are likely to be exposed;

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(k) Hold meetings as often as necessary with the other contractors on the Site to discuss hazards, overlapping work, scheduling, work sequencing and the controls that are in place to reduce the risk to workers;

(l) Hold weekly "tailgate" meetings with all workers to alert them to the sequence of the Work and

the hazards being created by the Work. Accidents and near misses will be discussed as well as the procedures in place to reduce the risk to workers;

(m) cause its workplace safety coordinator to conduct weekly safety inspections to ensure all

contractors are meeting their contractual obligations and not allowing unsafe conditions to develop;

(n) In an emergency affecting the safety of life, or of the Work, or of adjoining property, act in a

responsible manner to prevent loss or injury, without the necessity of authorization from the Engineer;

(o) Notwithstanding the limitations placed on safety program requirements by WorkSafeBC, and

regardless of the number of employees on the Site, satisfy the Engineer that a jobsite specific construction safety program has been developed in accordance with the WorkSafeBC Occupational Health and Safety Regulation, and safe work practices and procedures of WorkSafeBC, and will incorporate all of the Owner’s Site requirements and restrictions;

(p) Provide the Engineer, prior to commencement of the Work, the Material Safety Data Sheets and

Site specific precautions for the application of all controlled chemical products including any products that require local or general ventilation control;

(q) Without further order, provide and maintain at all times during the progress or suspension of the

Work, suitable barricades, fences, signs, signal lights and traffic control persons as are necessary to ensure the safety of the public and those engaged in the Work. All work will be carried out in a manner that will cause the least interruption to vehicular and pedestrian traffic and access to commercial and other private property and the Contractor will, without further order, provide and maintain at all times during the progress or suspension of Work, signs as are necessary to advise the public of access to commercial property;

(r) Where Work requiring the use of cranes or large equipment is to be carried out and the limits of

approach to power lines could be violated, prepare and submit to the Engineer, prior to starting the Work, a detailed written work procedure prepared in consultation with the site foreman and superintendent. Once this detailed written work procedure has been prepared, the Contractor will contact the utility and if the minimum distance cannot be maintained because of the circumstances of work or the inadvertent movement of persons or equipment, an assurance in writing on a form acceptable to WorkSafeBC signed by a representative of the owner of the power system, will be obtained. and

(s) Perform any Work in confined spaces in accordance with the WorkSafeBC Occupational Health

and Safety Regulation. Prior to commencement of Work, the Contractor will submit a copy of

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their confined space entry program including written confirmation of training and instruction of confined space personnel.

Any notice of violation issued to the Contractor, a subcontractor, other worksite employer or worker by the Workers' Compensation Board for non-compliance of WorkSafeBC Occupational Health and Safety Regulations will be considered a breach of this Contract and may result in termination or suspension of the Contract and/or any other actions deemed appropriate, all at the discretion of the Owner.

37. EMERGENCIES

The Engineer has authority in an emergency to stop the progress of the Work whenever in the Engineer’s opinion such stoppage may be necessary to ensure the safety of life, or the Work, or neighbouring property. This includes authority to make changes in the Work, and to order, assess and award the cost of such work, extra to the Contract or otherwise, as may in the Engineer’s opinion be necessary. The Engineer will within two (2) Working Days confirm in writing any such instructions. In such a case if work has been performed under direct order of the Engineer, the Contractor will have the right to claim the value of such work as a change under GC 42.

38. NOTICE TO PROCEED

Following the execution of the Contract by the Contractor and the provisions of the required bonds and insurance policies, a written Notice to Proceed with the Work will be given to the Contractor by the Owner. The Contractor will begin the Work within fourteen (14) calendar days following receipt of the Notice to Proceed and will prosecute the Work regularly and without interruption thereafter, unless otherwise directed in writing by the Engineer or Owner, in such a manner as to complete the Work within the Contract Time. Time will be of the essence of the Contract.

39. FAILURE TO COMPLETE ON TIME

The Contractor will not pay liquidated damages for failure to complete the Work within the Contract Time. No bonus will be paid by the Owner for completion of the Work in less time than the Contract Time.

40. SCHEDULE OF COMPLETION

The Contractor will prepare a detailed “Work Schedule and Plan of Operation” that meets the requirements set out in this GC 41, for approval by the Engineer. The Contractor’s Work Schedule and Plan of Operation, unless otherwise approved by the Engineer, will be submitted to the Engineer not later than three (3) calendar days after the date of the Notice of Award and will be approved by the Engineer prior to the issuance of the Notice to Proceed. Upon receipt and approval of such Work Schedule and Plan of Operation by the Engineer, the Work Schedule and Plan of Operation will become the approved construction schedule. The approved Work Schedule and Plan of Operation will not be changed with the prior written approval of the Engineer.

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If the Engineer is of the opinion, and so states in writing to the Contractor, that the rate of progress of the Work is insufficient to enable the whole of the Work or any part or parts thereof to be completed within the time specified for such completion in the approved construction schedule, the Contractor will take whatever steps the Engineer may in its discretion specify in writing to the Contractor to expedite the progress of the Work. Such steps may include, but will not be limited to adoption of shift work and/or the provision of additional men or equipment. The Contractor will not be entitled to any extra payment by reason of such order of the Engineer.

41. CHANGES IN THE WORK

The Owner, without invalidating the Contract, may make changes by altering, adding to, or deducting from the Work. The Contractor will proceed with the Work as changed and the Work will be executed under the provisions of the Contract. No change will be undertaken by the Contractor, without written order of the Engineer, except in an emergency endangering life or property, as described in GC 38, and no claims for additional compensation will be valid unless the change was so ordered. No payment for extra work or changes in any contract will be entertained by the Owner unless a "Change Order" form is completed and signed by the Engineer and Contractor.

If, in the opinion of the Engineer, such changes affect the Contract Time or the Contract Price, these will be adjusted at the time of ordering the changes. The value of the addition or deduction from the Contract Price, and the method of determining such value, will be decided by the Engineer. The Engineer will use one or more of the following methods in deciding such value:

(a) By unit prices or combinations of unit prices in the Schedule of Prices and Estimated Quantities;

(b) By unit prices submitted by the Contractor and accepted by the Owner;

(c) By lump sum submitted by the Contractor and accepted by the Owner; or

(d) On a force account basis as specified in GC 43.

If the Contractor and the Owner cannot agree on the method of determining such value, the Engineer will decide and certify the unit prices or lump sum to be used which are or is in the Engineer’s opinion fair and reasonable to both parties. If the Contractor does not agree with the Engineer’s decision, the Contractor may dispute such decision in accordance with GC 58.

42. FORCE ACCOUNT WORK

Compensation for Work done on a force account basis will be made as follows:

(a) Labour at the actual cost to the Contractor, including all amounts paid for labour and all related taxes, assessments payable as required by any statutory scheme such as Workers’ Compensation, unemployment insurance, holiday pay, insurance, and all employee benefits. A mark-up of ten percent (10%) will be allowed for all overhead costs and a mark-up of ten percent (10%) will be allowed for profit.

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(b) major equipment:

i) Contractor Owned or Bare Rented – at the non-operated hourly rates as described in the BC Government “Blue Book”, as the same may be amended from time to time, based on actual hours, in minimum increments of 0.5 hours. If equipment is not listed in the published rates then at the rate determined by the Engineer based on local equipment rental rates;

ii) Non-Contractor Owned and Operated – at the lower of the Ministry of Transportation and Highways published rates for operated equipment, or the actual rental costs incurred by the Contractor, as evidenced by invoice, plus 10% mark-up to cover all overhead costs and profit; and

iii) No separate rental for small tools.

(c) Materials incorporated into the Work by the Contractor will be at the Contractor's actual cost, as evidenced by invoice, including all transportation, freight and haulage costs plus a markup of ten percent (10%) on such actual cost to cover all overhead, handling and profit;

(d) Force account Work performed by a subcontractor will be paid at the lesser of: (i) the amount as provided by subparagraphs (a), (b) and (c) of this GC, plus a mark-up of 5%, or (ii) at the actual amount the Contractor pays the subcontractor including a mark-up of 10% on such actual cost to cover all overhead and profit; and

(e) The cost of the force account Work done each day will be submitted to the Engineer by the

Contractor in a satisfactory form on each succeeding day after force account work is carried out and will be approved or adjusted by the Engineer. No claim for compensation for extra work or materials will be considered or allowed unless such report will have been made or the Engineer will have extended the time for such reports or released the Contractor therefrom. The submission to, or acceptance or approval by, the Engineer of daily force account cost records will not at any time be deemed to be an admission that the Work is properly chargeable to force account.

43. EXTENSION OF CONTRACT TIME

(a) Owner Caused Delays. If the Contractor is delayed in the performance of the Work by an act of the Owner, the Engineer or anyone employed by the Owner, the Contract Time will be extended by a reasonable time as determined by the Engineer in consultation with the Contractor and the Owner will reimburse the Contractor for reasonable costs incurred by the Contractor as a result of such delay.

(b) Contractor Caused Delays: If the Contractor is delayed is delayed in the performance of the

Work by its own act or omissions, or those of its employees or subcontractors, then the Contractor will not be entitled to an extension of the Contract Time.

(c) Unavoidable Delays: If the Contractor is delayed is delayed in the performance of the Work by any cause which was unforeseeable and beyond the reasonable control of the Contractor, the Contract Time will be extended by a reasonable time as determined by the Engineer in

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consultation with the Contractor. Such causes may include strikes, lockouts, or labour disputes and abnormally adverse weather (however, rain, wind, flood, or other natural phenomena of normal intensity for the area will not be construed as cause for an extension of the Contract Time). The Contractor will not be entitled to any extra payment for costs incurred as a result of such delays unless such delays result from an action of the Owner.

(d) Claims for Time Extensions: A claim for extension of the Contract Time will only be considered when submitted by the Contractor to the Engineer in writing within seven (7) calendar days of the occurrence of the delay on which the claim is based, provided, however, that in the case of a continuing cause of delay only one claim will be necessary. Within a reasonable period after the Contractor submits a request for an extension of the Contract Time, the Engineer will present its written determination of whether or not the delay justifies an extension of Contract Time; and, if so, the number of Working Days extension that are granted.

(e) Mitigation: In the event of any delay the Contractor will take all reasonable measured to minimize the effects and length of the delay.

44. USE OF COMPLETED PORTIONS

The Owner will have the right to take possession of and use any completed or partially completed portions of the Work, whether the time for completing the entire Work or such portions has or has not expired, but such taking possession and use will not be deemed an acceptance of any work so taken possession of or used. If such prior use increases the cost of, or delays the completion of uncompleted Work or causes refinishing of completed Work, the Contractor will be entitled to such extra compensation or extension of the Contract Time, or both, as the Engineer may determine.

45. PROGRESS PAYMENTS

The Engineer will be the payment certifier for the purposes of the Builders Lien Act. At the end of each calendar month the Engineer will calculate all progress payments for that month and will prepare certificates for payment by the Owner. Where unit prices apply, payment will be calculated on the basis of the prices set out in the Schedule of Quantities and Prices and the units of Work completed as determined by the Engineer. Where a lump sum price applies, payment will be calculated on the basis of the Engineer's estimate of the percentage of Work completed.

The payment certificate will show as of the end of the last day of each calendar month the value of all labour and materials incorporated into the Work, including extras, and all adjustments previously made whether additions or deductions. The certificate will also show the aggregate of previous payments, the amounts withheld to comply with the builder's lien legislation, and the amount, if any, of the holdback released in respect of completed subcontracts. Except in respect of the final progress payment, the gross amount shown on such certificate, less the aggregate of all previous payments, previous sums withheld, and the amount then required to be withheld to comply with the applicable builders lien legislation as set out below, will become due and be payable by the Owner to the Contractor on or before the last day of the next month. In those cases where the Work is such that

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the builders lien legislation does not apply or does not require the retention of a holdback, the Owner will nevertheless retain holdbacks to the same extent as if such legislation applied to the Work.

Ten percent (10%) of each progress payment will be retained by the Owner to comply with the Builders Lien Act until payment is due in accordance with the provision of Article 54.

The monthly estimates will not bind the Owner or Engineer in any manner in the preparation of the final estimate of the Work done, but will be construed and held to be approximate only, and will in no case be taken as an acceptance of the Work or as a release of the Contractor from his responsibility therefor.

46. STATUTORY DECLARATION

The Contractor will, prior to receiving payment on each progress certificate except the first one, provide to the Owner a statutory declaration stating that "all employees, sub-contractors and suppliers used in connection with the Work have been fully paid and satisfied by the Contractor, and that all fees and assessments have been paid or are in good standing, and that there is no claim outstanding or pending in respect of the Work carried out and that no lien has been filed against the Owner's lands or against any materials or equipment for work done or materials supplied under the Contract."

47. PAYMENT WITHHELD

The Owner may withhold the whole or any part of any progress payment to the extent reasonably necessary to protect the Owner from loss on account of one or more of the following: (a) That the Contractor is not making satisfactory progress in the opinion of the Engineer;

(b) That defective Work is not being remedied at all or in a manner satisfactory to the Engineer (the

Owner may withhold 200% of a reasonable estimate by the Engineer of the cost to correct the defective Work);

(c) That a claim or claims of lien has been filed against the lands and premises on which the Work is

done or is being done, or reasonable evidence of the probable filing of such claims or claims of lien;

(d) That the Contractor is failing to make prompt payments as they become due to subcontractors or

for material or labour;

(e) That there exist unsatisfied claims for damages caused by the Contractor to anyone employed on the Site or in connection with the Work; or

(f) That the Contractor owes a debt to the Owner under a separate contract or agreement between

the Owner and the Contractor which remains unpaid for more than thirty (30) calendar days from the last day of the month in which the invoice was issued.

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Where the Contractor’s subcontractors or suppliers of materials 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. The Owner will notify the Contractor in writing of the basis of any amount withheld under this GC.

48. BUILDERS' LIENS

The Contractor will remove or cause to be removed all claim of lien or liens filed or registered against the lands on which the Work is being performed which claim of lien or liens arise out of anything done or to be done under the Contract. Such removal will be effected by the Contractor forthwith upon demand by the Owner or the Engineer.

The Owner will release a holdback in respect of a completed subcontract if a certificate of completion in respect of that subcontract has been issued in accordance with the Builders Lien Act and the holdback period established under the Builders Lien Act has expired without any claims of a lien being filed that arose under that subcontract.

Notwithstanding anything elsewhere contained in the Contract Documents, the Contractor will indemnify and hold harmless the Owner from all demands, damages, costs, losses and actions arising in any way out of claims of lien or liens which arise out of anything done or to be done under the Contract whether the lien period binding on the Contractor has expired or not.

The obligations imposed on the Contractor by the provisions of this Article 49 will not extend to claims of lien or liens properly and lawfully filed by the Contractor itself.

49. COMPLETION AND NOTICE OF ACCEPTANCE

When the Contractor is of the opinion that the Contractor has achieved Substantial Performance of the Work, and that the Work is in a clean and tidy condition ready for use by the Owner, the Contractor may submit a written application to the Engineer for a Certificate of Substantial Performance. The Engineer will make an inspection and if the Engineer determines that Substantial Performance of the Work has been achieved, the Engineer will issue to the Contractor a Certificate of Substantial Performance.

The Engineer will notify the Contractor in writing of any defects or deficiencies which require correction. The Contractor may submit a written application to the Engineer for a notice of acceptance of the Work (a “Notice of Acceptance”) after the Contractor has: (a) Corrected all defects or deficiencies so that the Work is ready in all respects for acceptance by

the Owner; and

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(b) Submitted to the Engineer a written statement that all claims and demands of the Contractor for extra work or otherwise in connection with the Contract have been presented in writing to the Engineer; and

(c) The Letter of Credit has been deposited in accordance with Article 30 and (d) The statutory declaration required under Article 47 has been provided, The Engineer will make an inspection and if the Engineer determines that items (a) through (d) have been achieved, the Engineer will recommend to the Owner that a Notice of Acceptance be issued to the Contractor. The Owner, subject to their acceptance of the Engineer's recommendation, will issue the Notice of Acceptance.

50. PARTIAL COMPLETION AND NOTICE OF PARTIAL ACCEPTANCE

If the Contractor considers that, by reason of climatic or similar problems beyond his reasonable control, not all the Work can be performed or defects or deficiencies corrected promptly, he may in writing request of the Engineer a Notice of Partial Acceptance and a determination of whether the Contract has been substantially performed to the extent possible Such request will 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, the Engineer will carry out an inspection and will notify the Contractor in writing of any defects or deficiencies which require correction before the Engineer will recommend partial acceptance. The Engineer will prepare an additional list of defects and deficiencies which in the Engineer’s opinion do not impair the usefulness to the Owner of the whole Work and the correction of which may reasonably be deferred. This list will show the amount which the Engineer considers to be the cost of completing such Work and correcting such defects and deficiencies.

When all Work has been performed and defects and deficiencies corrected other than those on this list and after the Engineer determines the Contract to be substantially performed to the extent possible, he will so advise the Owner and the Contractor, and after the Letter of Credit has been deposited in accordance with Article 30, the Engineer will recommend to the Owner that a Notice of Partial Acceptance be issued to the Contractor. The Owner, subject to their acceptance of the Engineer’s recommendation, will issue the Notice of Partial Acceptance. The Notice of Partial Acceptance will list the Work to be performed and the defects and deficiencies to be corrected and the estimated cost thereof and will fix a date within which all such Work will be performed and the defects and deficiencies corrected.

In considering the Engineer's recommendation, the Owner will consider the effect of the deferred performance of Work on the provisions of the applicable builder's lien legislation and may make his acceptance conditional on the Contractor providing written consents of sureties under any Performance or Labour and Materials Payment Bonds or other evidence that no guarantor or surety will be relieved of his obligations.

When all such Work has been performed and the defects and deficiencies corrected, the Contractor will call for final inspection in accordance with Article 50 - Completion and Notice of Acceptance.

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If all Work is not performed and all defects and deficiencies are not corrected by the date set out in the Notice of Partial Acceptance, the Owner will be entitled to deduct from any payments due to the Contractor the daily amount stipulated in GC 40 as liquidated damages. In addition, the Owner may have the Work performed and the defects and deficiencies corrected by any means he thinks suitable, and may recover the costs thereof from any money withheld from the Contractor or from the Contractor if such money is insufficient.

51. FINAL PROGRESS PAYMENT

The final progress payment certificate will be prepared following the issuance of the Notice of Acceptance. The Engineer will review with the Contractor all Work quantities and all claims and demands of the Contractor for extra work in connection with the Contract. The final progress payment certificate will show the total amount of the payment due to the Contractor less the amount required to be retained under the applicable lien legislation and less any amounts withheld under GC 48.

The final payment will be made by the Owner within thirty (30) calendar days of the date of the final payment certificate.

52. PROGRESS PAYMENT AFTER PARTIAL COMPLETION

If the Owner issues a Notice of Partial Acceptance, the Engineer will prepare a progress payment certificate in the same detail as required for a final payment certificate. From the amount shown on such certificate to be due to the Contractor will be deducted the amount required to be retained under the applicable lien legislation and twice the amount shown on the Notice of Partial Acceptance to be the estimated cost of performing the remaining Work and correcting the defects and deficiencies. Payment of the net amount due to the Contractor will be made by the Owner within thirty (30) calendar days of the date of this progress payment certificate.

53. RELEASE OF HOLDBACK

The Owner will pay the builders lien holdback to the Contractor within fourteen (14) calendar days of the expiry of the statutory time for release of holdback, subject to the Owner’s right to withhold under GC 48, and provided that

(a) The Contractor has provided to the Owner a certificate from the proper office to register liens to

prove that, as of a date two (2) calendar days after the expiry of the statutory period, no notice of lien or liens has been filed or other matters recorded to make effective any lien;

(b) The Contractor has complied with any conditions imposed by the Owner in his acceptance of the

recommendation of the Engineer to issue a Notice of Partial Acceptance;

(c) The Workers' Compensation Board has, at the request of the Contractor, filed with the Owner a certificate that all assessments due to the Board by the Contractor have been paid, such certificate being dated after the expiry of the statutory period for filing liens;

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(d) If, under the applicable lien legislation, there is no person who can provide the certificate referred

to in (a) above, in which case the Contractor will furnish to the Owner a Statutory Declaration, dated not earlier than seven (7) calendar days after the expiry of the statutory lien period, stating why no certificate as is referred to in (a) above is possible, and stating that all employees, subcontractors and suppliers used in connection with the work have been paid and satisfied by the Contractor and that there is no claim outstanding or pending in respect of the work carried out and no lien has been filed against the Owner's lands against any materials or equipment used in connection with the work;

(e) The Contractor has certified to the Owner that there are no funds owing by the Owner to the

Contractor other than those funds held back; and

(f) The Contractor has provided a Standby Irrevocable Letter of Credit as stipulated in Article 30. 54. INSURANCE

(a) The Contractor shall, at his own expense, provide and maintain during the term of this Agreement

the following insurance in a form acceptable to the Owner with a company duly registered and authorized to conduct insurance business in the Province of British Columbia: i) Comprehensive General Bodily Injury and Property Damage Liability Insurance

• Limits: Bodily Injury and Property Damage – inclusive $5,000,000 • The insurance shall include Contractor’s Contingent Liability, and Contractual Liability of

sufficient scope to include liability assumed by the Contractor under the terms of this Contract, and Completed Operations.

• The policy shall include the Owner and the Contract Administrator as additional insured’s with a cross liability clause.

• Any property damage deductible shall be for the account of the Contractor and shall not exceed $2,500 for any one occurrence.

ii) Automobile Liability Insurance (Owned and Non-Owned Units)

• Limits: Bodily Injury and Property Damage – inclusive each accident $3,000,000 • The Contractor shall, at the Contractor’s expense, throughout the term of the Contract,

maintain such insurance as required under the Insurance (Motor Vehicle Act) of British Columbia. The Contractor shall provide the Owner with a Certificate of Insurance, I.C.B.C. form No. APV 47, for owned or leased vehicles as evidence of third party motor vehicle insurance coverage.

iii) Insurance on Contractor supplied Equipment Equipment rented or owned by the Contractor to its full insurable value.

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(b) The above insurance policies listed to this GC shall have the right of subrogation waived as against the Owner and its respective employees, servants and agents.

(c) Prior to commencement of any Work, the Contractor shall provide the Owner with satisfactory evidence that the insurance required to be provided by Contractor under this GC is in full force and effect.

(d) The Owner makes no representation or warranty with respect to the extent or adequacy of the insurance protection afforded by the policies above. It shall be the full responsibility of the Contractor to determine their own additional insurance coverages, that are necessary and advisable to its own protection or to fulfil its obligation under this Contract. Any such additional insurance shall be provided and maintained by the Contractor at the Contractor’s own expense.

(e) All policies referred to in this GC shall provide that thirty (30) days notice of cancellation will be given in writing to each insured, including the Owner, otherwise the policies to remain in full force and effect until the Work has been completed. Notwithstanding the foregoing. The Comprehensive General Bodily Injury and Property Damage Liability Insurance referred to in GC 55(a) i) shall remain in full force and effect from the commencement of the performance of the Work for a period of not less than twelve (12) months following Total Performance and with respect to completed operations coverage for a period of not less than 24 months following Total Performance.

(f) The Contractor is responsible for ensuring that its Subcontractors comply with the same insurance requirements as outlined in this GC.

55. TAXES

The prices set out in the Schedule of Prices include all applicable taxes except for GST. Without liming the foregoing, the Contract Price includes all taxes paid by the Contractor under the Provincial Sales Tax Act (British Columbia). .

56. HOURS OF WORK

The Contractor may perform the Work Monday to Friday, except holidays, between the hours of 8:00am and 4:30pm and provided that the Contractor complies with all City of Nanaimo by-laws applicable to hours of work. Work may not be done at other times except to protect Work already performed, in case of emergency or in special cases that the Contractor has requested in writing and the Engineer has approved in writing. Inspection personnel will be provided by the Owner between the hours of 8:00 am and 4:30 pm, Monday through Friday. If the Contractor elects to work outside these hours the Contractor must first make arrangements to do so with the Engineer. The additional cost (if any) of inspection by the Owner outside the hours of 8:00 am to 4:30 pm, Monday through Friday will be refunded by the Contractor to the Owner.

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57. DISPUTE RESOLUTION

If any dispute arises between the Owner and the Contractor as to their rights and obligations under this Contract, after requesting/obtaining the initial decision from the Engineer under GC 6, either of them may give to the other written notice of such dispute and may request arbitration thereof. The parties may agree to submit the matter in dispute to arbitration and such arbitration will be carried out in accordance with the provisions of the Commercial Arbitration Act of British Columbia.

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LWD-COM-10.1 Contractor-Supplier Package The purpose of this package is to convey the requirements of Wastewater Services’ (WWS) Environmental Management System (EMS) to contractors and suppliers. This package is applicable to all wastewater treatment facilities and pump stations.

As a contractor or supplier to WWS, you have a responsibility to comply with all provisions identified in the Contract Documents regarding Environmental Protection. Where Contract Documents do not exist, the service provider will comply with Sections Two, Three and Four.

Please retain a copy for your records. I, of

(please print name) (please print company name) acknowledge that I have received a Contractor-Supplier Package (ISO 14001 Contractor Supplier Environmental Performance Requirements) containing the materials listed above.

(Date) (Supplier/Contractor Employee’s Signature)

(Date) (WWS Project Supervisor’s Signature)

PACKAGE CONTENTS: 1.0 General Overview: ISO 14001

1.1 Environmental Management System (EMS) 1.2 Environmental Policy and ISO Clause 1.3 Environmental Aspects and Impacts 1.4 Environmental Objectives and Targets 1.5 Environmental Management Programs (EMPs)

2.0 Operating Procedures 3.0 Emergency Preparedness and Response Procedures 4.0 Environmental Specifications

4.1 Air Emissions 4.2 Cleaning Equipment 4.3 Dust Control 4.4 Energy Consumption 4.5 Hazardous Materials 4.6 Noise 4.7 Sensitive Areas 4.8 Spills 4.9 Surface Water Control 4.10 Use of Pesticides 4.11 Waste Management - Solid Non-Hazardous Waste

5.0 Attachments Environmental Policy ISO Clause Canadian Environmental Protection Act – Section 95

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GENERAL OVERVIEW: ISO 14001

1.1 Environmental Management System (EMS) • An EMS is the part of an organization’s management system, used to develop and

implement its environmental policy and manage its environmental aspects. • It includes organizational structure, planning activities, responsibilities, practices,

procedures, processes and resources.

1.2 Environmental Policy and ISO Clause • An Environmental Policy is a statement by the organization of its overall intentions and

direction related to its environmental performance. It provides a framework for action and for the setting of environmental objectives and environmental targets.

• It is a driver for implementing and maintaining our EMS and reflects commitment to continual improvement, legal compliance and prevention of pollution

• The Environmental Policy is posted at each of the WWS wastewater treatment facilities and pump stations, and is available on the RDN website: www.rdn.bc.ca

• Uncontrolled copy of the Environmental Policy attached (Section 5.0 of this package) • Uncontrolled copy of WWS’ ISO Clause (Section 5.0 of this package)

1.3 Environmental Aspects and Impacts • Environmental Aspect: element of an organization’s activities, products or services that

can interact with the environment. • Environmental Impacts: any changes to the environment whether adverse or beneficial,

wholly or partially resulting from an organization’s environmental aspects. • Environmental impacts include:

o Air Pollution and Odour o Depletion of Natural Resources (Energy Use) o Landfill (Garbage) o Noise o General Repairs-Construction (Sensitive Areas) o Sewage Bypass (Leak/Spill) o Treatment Disposal (Hazardous Waste)

1.4 Environmental Objectives, Targets and Programmes • Environmental Objective: overall environmental goal consistent with the environmental

policy, that an organization sets itself to achieve. • Environmental Target: a detailed performance requirement that arises from the

environmental objectives and that needs to be set and met in order to achieve those objectives.

• Objective and Targets are set to minimize environmental impacts. • Any legal requirements that must be met by the organization (i.e. permit requirements)

help create the objectives and targets.

2.0 OPERATING PROCEDURES

• All WWS wastewater treatment facilities have Operating Procedure Manuals. • Procedures applicable to contractors and suppliers will be supplied by the WWS Project

Engineer at pre-construction meetings or prior to the work commencing. • Contractors and Suppliers will be required to sign a Procedure Checklist acknowledging

that they have received copies of applicable procedures at a pre-construction meeting or prior to commencing work on site.

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• The WWS Project Engineer will ensure that a site induction is completed prior to work commencing as per the ISO Clause attached. (Section 5.0 of this package)

3.0 EMERGENCY PREPAREDNESS AND RESPONSE PROCEDURES

• All WWS wastewater treatment facilities have Emergency Preparedness and Response Procedure Manuals.

• Procedures applicable to contractors and suppliers will be supplied by the WWS Project Engineer at pre-construction meetings or prior to the work commencing.

• Contractors and Suppliers will be required to sign a Procedure Checklist acknowledging that they have received copies of applicable procedures at a pre-construction meeting or prior to commencing work on site.

• The WWS Project Engineer will ensure that a site induction is completed prior to work commencing as per the ISO Clause (Section 5.0 of this package)

4.0 ENVIRONMENTAL SPECIFICATIONS

Contractors and suppliers must abide by the following environmental specifications while working on site, as applicable.

4.1 Air Emissions • Contractors and Suppliers will ensure that excess vehicle idling is minimized. • Contractors will ensure that their staff are trained in the proper use and handling of all

materials and chemicals to ensure air emissions/odours are minimized. • No open burning of waste materials is permitted.

4.2 Cleaning Equipment • Do not clean equipment in streams/rivers or lakes. • Clean construction equipment prior to entering roadways. • Do not clean equipment in locations where debris can gain access to sewers,

watercourses or aquifers.

4.3 Dust Control • Transport dusty materials in covered haulage vehicles. • Public roadways shall be kept clean and free of mud unless closed to through traffic with

the permission of the Project Engineer.

4.4 Energy Consumption • Contractors and Suppliers will use energy efficient equipment when undertaking any

work on a job site, where practical. • Contractors and Suppliers staff will turn off lights and equipment when not in use and

where practical when on a job site.

4.5 Hazardous Materials • Hazardous materials brought on site and removed shall be managed in accordance with

current MOE Regulations current at the time of work. • Governing Ministry of Labour Regulations respecting protection of works, remedial

handling and disposition of Designated Substances encountered shall be followed. • Do not empty fuel, lubricants, herbicides, pesticides, fungicides, paint materials,

solvents or other chemicals into sewers or watercourses (only legally acceptable disposal methods are acceptable).

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4.6 Noise • Use vehicles and equipment with efficient muffling devices. • Provide and use devices that will minimize noise levels in construction areas. • Minimize noise resulting from activities while on-site whenever practical.

Sensitive Areas

• Inform WWS staff in writing of the particular schedule for each river crossing, channelizing or other work in the designated sensitive areas.

• Avoid encroachment on unique natural areas and establish boundary protection and signage to avoid encroachment.

• Do not disturb habitats of rare or endangered species. Agree and implement mitigative measures with WWS staff.

• Protect wetland sites used as feeding or breeding areas by migratory fowls or as habitats for other animals and establish boundary protection and signage to avoid such encroachment.

• Schedule construction in sensitive areas so that there will be minimal interference with water uses including fish migration or spawning, or disruption of incubation periods for eggs.

• Keep removal of vegetation to a minimum. • Contain and deposit on land all aquatic plants uprooted or cut prior to or during

construction.

4.7 Spills • Be prepared at all times to intercept, clean up and dispose of any spillage that may

occur whether on land or water. • Keep all materials required for clean-up of spills readily accessible on-site (e.g. spill kit) • Notify WWS staff immediately if there are any spills. • Compliance with Section 95 of the Canadian Environmental Protection Act (Section 5.0

of this package)

4.8 Surface Water Control • Control all surface water and groundwater including rainfall and run-off. Ensure that

erosion is controlled and that flooding of excavations or damage to structures does not occur.

• Intercept surface drainage as far back from excavations as practical by means of ditches, berms or other interception methods as may be required for effective control.

• Direct pumped water or run-off to settling ponds or sediment basins prior to discharge to adjacent storm sewers or watercourses.

• Provide settling ponds and sediment basins where needed. • Control overflow rates from settling ponds or sediment basins to ensure minimum

solids transportation. • Provide straw bales, filter berms or sand bags as required to retard and filter run-off

prior to discharge to storm sewers or watercourses. • Clean out settling ponds from time to time so that sediment discharge is prevented. • Intercept and divert concentrated run-off from unstable areas under sheet flow

conditions, as directed by WWS Project Engineer. • Do not direct any flow of water across or over pavements, except through approved

pipes or properly constructed troughs.

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• Keep gutters and drainage ditches open at all times to provide adequate surface drainage.

• Maintain all existing storm sewers clean and free of deleterious materials and blockages.

• Provide splash pads where water is discharged to the watercourse. • Dispose of water so as not to be injurious to public health or safety, to property or to

any part of work completed of under construction

4.9 Use of Pesticides • Contractors and Suppliers will NOT apply pesticides to any WWS treatment facility or

pump station property.

4.10 Waste Management – Solid Non-Hazardous Waste • No open burning is permitted. • All wastes generated by contractors will be cleaned-up and disposed of as per MOE

Regulations. • Whenever possible Contractors and Suppliers should utilize recycling opportunities for

the disposal of waste.

5.0 ATTACHMENTS

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- Environmental Policy

The Regional District of Nanaimo’s (RDN) Wastewater Services (WWS) Environmental Policy reflects the values and priorities of the RDN’s Board Strategic Plan 2013-2015, Regional Growth Strategy and Liquid Waste Management Plan.

The RDN’s WWS is committed to providing reliable, high quality, and cost-effective wastewater services to the people and communities we serve. We strive to optimize our treatment and re-use processes and employ state-of the art pollution prevention strategies at our facilities. In fulfillment of this commitment, it is the WWS policy:

• To do our utmost to comply with the letter and spirit of relevant environmental laws and regulations. There shall be thorough and accurate measurement and reporting of our environmental compliance.

• To prevent pollution. This includes avoiding or reducing environmental pollution produced directly from WWS operations, or indirectly by the consumption of power, fuel, chemicals, and other resources.

• To identify and monitor environmental impacts and set measurable objectives and targets to reduce those impacts on the environment.

• To foster openness and dialogue with employees and the public, and respond to their concerns about potential hazards and impacts of our operations.

• To continually improve our performance relevant to this environmental policy.

This policy will be communicated regularly to all WWS staff and will be made available to regulatory agencies, the public, or other interested parties upon request.

Randy Alexander

General Manager, Regional and Community Utilities Date: 25 April 2013

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ISO CLAUSE The following clause is to be included in any contract related to WWS that has the potential to have a significant environmental impact. “Whereas the Regional District of Nanaimo’s Wastewater Services (WWS) is operating to the ISO 14001: 2004 standard, it is a condition of this contract that the Contractor comply with the WWS’ Environmental Management System (EMS). Pursuant to Element 4.4.2 – Competence, Training and Awareness, paragraph 5.11 of the WWS’ EMS Policy and Procedure Manual: any contracted personnel whose activities can create a significant impact (as defined by the WWS’ EMS) on the environment are required to undergo training. Such training will require one session of approximately one half hour. While the Regional District of Nanaimo (the RDN) will provide the initial training to a representative Contractor, it is the responsibility of the Contractor to train the Contractor’s own personnel, as well as any personnel of the Contractor’s Subcontractor who will be working on a site of WWS. The Contractor hereby warrants that it will provide any ISO 14001 related training which the RDN deems necessary to the Contractor’s own personnel and any personnel of the Contractor’s Subcontractor and will forward records thereof to the RDN at no additional charge to the RDN.”

- Canadian Environmental Protection Act, 1999 (1999, c. 33) Part 5: Controlling Toxic Substances – Regulation of Toxic Substances Section 95: Report and Remedial Measures

95. (1) Where there occurs or is a likelihood of a release into the environment of a substance specified on the List of Toxic Substances in Schedule 1 in contravention of a regulation made under section 92.1 or 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,

(a) subject to subsection (4) and any regulations made under paragraph 97(b), notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;

(b) take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and

(c) make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.

Application

(2) Subsection (1) applies to any person who

(a) owns or has the charge, management or control of a substance immediately before its release or its likely release into the environment; or

(b) causes or contributes to the release or increases the likelihood of the release.

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Report by property owner

(3) Where there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release and who knows that it is a substance specified on the List of Toxic Substances in Schedule 1 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.

Report to provincial official

(4) Where there are in force, by or under the laws of a province or an aboriginal government, provisions that the Governor in Council, by regulation, declares to be adequate for dealing with a release described in subsection (1), a report required by paragraph (1)(a) or subsection (3) shall be made to a person designated by those provisions.

Intervention by enforcement officer

(5) Where any person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

Limitation on power of direction

(6) A direction of an enforcement officer under subsection (5) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency.

Access to property

(7) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.

Personal liability

(8) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (5) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under those subsections unless it is established that the person acted in bad faith.

* All other sections can be found at http://laws.justice.gc.ca/en/C-15.31/index.html, or accessed through Intelex.

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Appendix 1 to General Conditions – Prime Contractor Preconstruction Meeting Form Refer to GC 37

Prime Contractor

Preconstruction Meeting Form APPENDIX “B”

Date: Meeting Location: Firm Name: Contract #: Prime Contractor: Prime Contractor’s Superintendent: RDN Contract Representative: AGREEMENT

The Prime Contractor:

Acknowledges appointment as Prime Contractor defined by WorkSafe BC OH&S Regulations Sections 20.2 and 20.3, and in the Workers’ Compensation Act, Sections 118 Clauses 1 and 2. Understands the Owners duties as defined in the Workers’ Compensation Act, Sections 119. Understands for any discrepancy establishing health and safety protocol, WorkSafe BC OH&S Regulation and/or the Workers’ Compensation Act (Part 3) shall prevail. Acknowledges being informed of any known workplace hazards by the owner or owner’s delegate, by signing attached “Existing Known Hazard Assessment” form. Shall communicate known hazards to any persons who may be affected and ensure appropriate measures are taken to effectively control or eliminate the hazards. Shall ensure all workers are suitably trained and qualified to perform the duties for which they have been assigned. Shall ensure or coordinate first aid equipment and services as required by WorkSafe BC OH&S Regulation. Shall coordinate the occupational health and safety activities for the project. Assumes responsibility for the health and safety of all workers and for ensuring compliance by all workers with the Workers’ Compensation Act (Part 3) and WorkSafe BC OH&S Regulation. Understands any WorkSafe BC violation by the Prime Contractor may be considered a breach of contract resulting in possible termination or suspension fo the contract and/or any other actions deemed appropriate at the discretion of the Regional District of Nanaimo. Understands any penalties, sanctions or additional costs levied against the Prime Contractor will be the responsibility of the Prime Contractor. Accepts the following required documents shall be maintained and made available upon request from the RDN and/or WorkSafe BC Prevention officer at the workplace.

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The documents required to be maintained and available by the Prime Contractor will include, but not be limited to: All notices which the Prime Contractor is required to provide to WorkSafe BC as per WorkSafe

BC OH&S Regulation. Any written summaries of remedial action taken to reduce occupational health and safety

hazards within the area of responsibility. All directives and inspection reports issued by WorkSafe BC. Records of any incidents and accidents occurring within the Prime Contractor’s area of

responsibility. Completed accident investigations for any incidents and accidents occurring within the Prime

Contractor’s area of responsibility. On a construction workplace, these additional documents are required to be maintained and available by the Prime Contractor: Records of all orientation and regular safety meetings held between contractors and their workers,

including topics discussed, worker names and companies in attendance. Written evidence of regular inspections within the workplace. Occupational first aid records. Worker training records. Current list of the name of a qualified person designated to be responsible for each subcontractor

(employer’s) site health and safety activities. Diagram of the emergence route to the hospital. The following information must be provided to the RDN Representative: WorkSafe BC Notice of Project WorkSafe BC Clearance Letter Prime Contractor’s OH&S Safety Program Prime Contractor’s OH&S Safety Program Document

First Aid Attendants:

Safety Supervisor:

Location of First Aid Station:

Signature of Prime Contractor: Signature of RDN Contract Representative:

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EXISTING KNOWN HAZARD ASSESSMENT

Discussion between the Prime Contractor and the Regional District of Nanaimo Representative Date: Meeting Location: Prime Contractor: Prime Contractor Representative: • RDN Contract Representative to make the Prime Contractor aware of any known extraordinary pre-

existing hazards peculiar to the contract. • It is recognized the known pre-existing hazards identified may not be a comprehensive list and due

caution is always required. • Use additional pages if necessary.

Identified Extraordinary Hazards Action required to eliminate or control hazards and ensure worker safety

Comment:

Comment:

Comment:

Prime Contractor Representative (signature) RDN Representative (signature)

Prime Contractor Representative (printed) RDN Representative (printed)

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