PURCHASING DEPARTMENT

REQUEST FOR TENDER No. 2507

McGirr Sports Field Netting Replacement

ISSUED: November 14, 2019

Non-Mandatory Pre-Tender Meeting: Scheduled for November 21, 2019

Refer to clause 2.3 of this document for additional information

CLOSING LOCATION: Purchasing Department

2020 Labieux Road Nanaimo, BC

V9T 6J9

ESTABLISHED CLOSING DATE AND TIME: Tenders must be received prior to:

December 5, 2019 at or before 3:00 PM (15:00 hours) Pacific Time

INQUIRIES: Jennifer Gal, Buyer

purchasinginfo@nanaimo.ca

Late Submissions will not be considered

Tenders will be opened publicly after the Closing of this RFT

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Table of Contents

Introduction............................................................................................................... 5

1.1 Project Overview .............................................................................................................. 5

1.2 Tender Submission ........................................................................................................... 5

1.3 Tender Submission Content and Requirements .............................................................. 5

1.4 Bid Security ....................................................................................................................... 5

1.5 Performance Bond ............................................................................................................ 5

1.6 Labour and Material Payment Bond ................................................................................ 5

1.7 Award…… .......................................................................................................................... 6

1.8 Definitions......................................................................................................................... 6

Instructions to Bidders .............................................................................................. 8

2.1 Closing Date/Time/Location/Submission Formats ........................................................... 8

2.2 Signature ........................................................................................................................... 8

2.3 Non-Mandatory Pre-Tender Meeting .............................................................................. 8

2.4 Bid Validity ........................................................................................................................ 9

2.5 Inquiries and Clarifications Related to this RFT ................................................................ 9

2.6 Amendment to Tenders ................................................................................................... 9

2.7 Addenda / Question and Answers .................................................................................... 9

2.8 Error in Submission ......................................................................................................... 10

2.9 Withdrawal of Tenders ................................................................................................... 10

2.10 Ownership of Tenders / Submissions ............................................................................. 10

2.11 No Claim for Compensation ........................................................................................... 10

2.12 Conflict of Interest .......................................................................................................... 11

2.13 Solicitation of Council Members and City Staff .............................................................. 11

2.14 No Collusion .................................................................................................................... 11

2.15 Joint Submission ............................................................................................................. 11

2.16 Freedom of Information and Privacy Protection Act (FOIPPA) ...................................... 11

2.17 Litigation Clause.............................................................................................................. 12

2.18 Checking of Tenders ....................................................................................................... 12

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2.19 Award Notifications ........................................................................................................ 12

2.20 Opening of the Tenders .................................................................................................. 13

General Terms and Conditions ................................................................................ 14

3.1 Right of the City to Cancel the RFT Process .................................................................... 14

3.2 Acceptance and Rejection of Tenders ............................................................................ 14

3.3 Project De-Scoping ........................................................................................................ 14

3.4 Process for Over Budget Event ...................................................................................... 14

3.5 Gifts and Donations ........................................................................................................ 15

3.6 Contractor Performance ................................................................................................. 15

3.7 Business Licence ............................................................................................................. 15

3.8 Invoicing and Payment ................................................................................................... 15

3.9 Performance of the Work ............................................................................................... 16

3.10 Key Personnel ................................................................................................................. 16

3.11 Notification of Award ..................................................................................................... 16

3.12 Indemnification............................................................................................................... 16

3.13 Form of Contract ............................................................................................................ 16

3.14 Insurance ........................................................................................................................ 17

3.15 Safety / WorkSafe BC ...................................................................................................... 18

3.16 Contractor is Prime Contractor ..................................................................................... 18

3.17 Sub-Contractors ............................................................................................................. 19

3.18 Independent Contractor ................................................................................................. 19

3.19 Non-Exclusivity and Coordination of Work .................................................................... 19

3.20 Governing Law ................................................................................................................ 19

3.21 Permits and Regulations ................................................................................................. 20

3.22 Lien Holdback ................................................................................................................. 20

3.23 Termination of Contract ................................................................................................. 20

3.24 Cancellation .................................................................................................................... 21

3.25 Dispute Resolution ......................................................................................................... 21

3.26 Time is of the Essence .................................................................................................... 21

Section 4.0 Project Specifications ........................................................................................... 22

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Attachment A - Issued for Tender Drawings ............................................................................. 25

Section 5.0 Bidder’s Information Form .................................................................................. 27

Schedule A – Bidder’s Price Sheet ............................................................................................. 28

Appendix A - Bidder’s Sub-Contractors Form…………………………………………………….....……………..29

Appendix B - Prime Contractor Preconstruction Meeting Form ............................................... 30

Appendix C – Consent of Surety and Bond Forms ..................................................................... 34

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Introduction

1.1 Project Overview

Tenders are invited from qualified and experienced Contractors to replace McGirr Sports Field Netting as per Section 4.0 – Project Specifications.

1.2 Tender Submission

Submission of a Tender implies acceptance of the existing conditions of the site.

1.3 Tender Submission Content and Requirements

Complete and submit the Tender Forms attached as Appendix ‘A’. Tender Forms must be signed by an authorized person in a position to legally bind the Bidder to statements made in response to this Request for Tender.

1.4 Bid Security

All Bidders are required to submit with their bid Submission

• a Bid Bond from a recognized bonding company licensed to issue bonds in the province of British Columbia or a Bid Deposit submitted with the Bid Form in the form of a certified cheque, cash, money order, bank draft or irrevocable letter of credit for ten percent (10%) of the Total Tender Price; and

• a Consent of Surety from a recognized bonding company licensed to issue surety bonds in the province of British Columbia for a contract performance bond and a labour & material payment bond each for fifty percent (50%) of the Total Tender Price.

1.5 Performance Bond

The successful Bidder is required to submit a Performance Bond for fifty percent (50%) of the Total Bid Price including GST. A sample form is attached in Appendix C. Failure to execute the Performance Bond will result in the City retaining the Bid Security.

1.6 Labour and Material Payment Bond

The successful Bidder is required to submit the Labour and Material Payment Bond for fifty percent (50%) of the Total Bid Price including GST. A sample form is attached in Appendix C. Failure to execute the Labour and Material Payment Bond will result in the City retaining the Bid Security.

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1.7 Award

Acceptance by the City of the Bidder's offer is on the condition that the Bidder is in full compliance with all requirements of this RFT, is able to commence work within fourteen (14) days of receipt of a Notice to Proceed and complete the Deliverables as required by the Contract.

1.8 Definitions

The following definitions apply to the interpretation of the Bid Document;

a. “Addendum/Addenda” means a change, or addition, or correction significant enough to be formally made to this RFT within the competitive time-period. Addenda are posted on the City’s website.

b. “Bidder” means the Legal Entity, Company or Corporation providing a response to this RFT.

c. “City” means the City of Nanaimo (CON) located in the Province of British Columbia.

d. “Closing Location” means the location that all bids for this RFT will be accepted at.

e. “Contract” means a legal document and any attachments that bind the City and all other parties subject to the provisions of the Contract(s).

f. “Contractor” means the successful Bidder to this RFT who enters into a Contract with the City for the Deliverables requested in this RFT.

g. “De-Scope Component” means a component of the Project scope, if any, that the City will delete on the occurrence of an Over Budget Event as set out herein.

h. “Deliverables” means the goods and services described in this RFT and detailed in the attached documentation.

i. “Established Closing Date and Time” means the deadline for the submission of Tenders as set out herein.

j. “Meeting Start Time” means the time the site meeting is scheduled to start.

k. “May” used in this document denotes permissive.

l. “Project” is the Work as defined herein.

m. “Request for Tender” (RFT) means the document issued by the City to solicit submissions to provide goods, services or construction for the City.

n. “Shall” or “Will” or “Must” used in this document denotes imperative.

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o. “Sub-Contractor/Sub-Consultant” means a legal entity approved by the City that may undertake the execution of a part of the Work pursuant to a Contract with the Bidder, and includes both “brokers” and “Sub-Contractors”.

p. “Submission Deadline” means the deadline for the submission for Tenders as set out herein.

q. “Successful Bidder” means a Bidder whose tender submission or submissions has been accepted by the City. Also referred to as the Contractor.

r. “Tender or Submission” Also referred to as a Bid means the bidder’s response to the RFT and includes all the Bidder’s attachments.

s. “Work” means the total services required by the Request for Tender, as described herein.

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Instructions to Bidders

2.1 Closing Date/Time/Location/Submission Formats

It is the sole responsibility of the Bidder to submit their response to the Purchasing Department prior to the Established Closing Date and Time as follows:

i. By hand/courier delivery: Bidders should submit one (1) original hard copy and one (1) electronic version in MS Word/PDF format submitted on an external flash drive. The Tender MUST be enclosed and sealed in an envelope/package clearly marked: “RFT 2507 McGirr Sports Field Netting Replacement; attention: Jennifer Gal” and delivered and addressed to the Purchasing Department, City of Nanaimo, 2020 Labieux Road, Nanaimo, BC V9T 6J9.

Late Tenders or Tenders received by facsimile will not be considered. In addition, Tenders delivered to an incorrect location will not be considered. Hand delivered Tenders MUST be in a sealed opaque envelope, marked on the outside with the Bidders name, title of the project and reference number.

It is the Bidder’s sole responsibility to ensure their Tender is received when, where and how it is specified in this RFT document. The City is not responsible for lost, misplaced or incorrectly delivered Submissions.

The time clock in the Purchasing Department office is the official timepiece for the receipt of all Submissions delivered by hand/courier.

2.2 Signature

The Tender must be signed by a person authorized to legally bind the Bidder to the statements made in the Response to this RFT.

2.3 Non-Mandatory Pre-Tender Meeting

A non-mandatory pre-tender meeting is scheduled as follows:

Meeting Place: 6175 McGirr Road, Nanaimo Meeting Date: Thursday, November 21, 2019 Meeting Start Time: 1:00 PM sharp to approximately 2:00 PM

Completion of a sign in sheet will be required of all Bidders in attendance at the Meeting Start Time.

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The site meeting will give the opportunity for contractors to view the site, take any measurements, confirm specifications and ask any other questions regarding the Work.

No claims will be allowed for any misunderstanding about the terms and conditions of the Contract relating to site conditions. No adjustment to the schedule or to the Contract price will be made for difficulties encountered during the construction due to conditions, features, and peculiarities of the site that were evident at the time of the Submission Deadline.

2.4 Bid Validity

Tender submissions must be valid for sixty (60) days.

2.5 Inquiries and Clarifications Related to this RFT

All inquiries regarding this RFT are to be directed in writing via email to the following:

Jennifer Gal, Buyer; purchasinginfo@nanaimo.ca

All enquiries must be received no less than five (5) business days before the Established Close Date and Time. Questions received after this date will be responded to at the City’s discretion, and responses cannot be guaranteed.

Information obtained from any other source is not official and no verbal communication will modify the terms of this RFT.

Bidders are required to check the City’s website for all information up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

2.6 Amendment to Tenders

Bidders may amend their Tenders after submission provided each revision is submitted and is received at the Closing Location and before the Established Closing Date and Time.

An authorized signatory of the Bidder must sign revisions.

Revisions received after the Closing Time will not be considered or accepted.

2.7 Addenda / Question and Answers

If the City determines that an Addendum is necessary, it will be posted on the City’s website, and it shall become part in parcel of the RFT Documents.

• Questions that alter the method, pricing and or specifications of the submission will be posted in the form of an Addenda, and must be signed and included with the submission.

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• Questions for clarification that do not alter the method and pricing of the submission will be posted in the form of a Question and Answer document and will not require a signature or to be returned with the submission.

Information obtained from any other source is not official and cannot be relied upon. No verbal communication will affect or modify the terms of this RFT.

Bidders are required to check the City’s website for all information issued up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

It is the responsibility of the Bidder to ensure that it has received any Addenda issued.

2.8 Error in Submission

No Submission shall be altered, amended, or withdrawn after the Established Closing Date and Time of the RFT. Negligence on the part of the Bidder in preparing their Tender confers no right for withdrawal of the Tender after it has been opened.

While the City has taken considerable efforts to ensure an accurate representation of information in each respective RFT, the information contained in the RFT is supplied solely as a guideline for the Bidder and is not necessarily comprehensive or exhaustive. Nothing in a City RFT is intended to relieve the Bidder from forming their own opinions and conclusions in respect of the matters addressed in the RFT.

2.9 Withdrawal of Tenders

The Bidder may withdraw their Tender at any time prior to the Established Closing Date and Time by submitting an email to purchasinginfo@nanaimo.ca; subject line should be identified with the following; “RFT No. 2507 - McGirr Sports Field Netting Replacement” and thereafter the Submission will not be considered.

2.10 Ownership of Tenders / Submissions

All Tenders, including attachments and any documentation, submitted to and accepted by the City in response to this RFT become the property of the City.

2.11 No Claim for Compensation

The Bidder will bear all costs associated with or incurred in the preparation and submission of the Tender.

Further to the preceding paragraph, the Bidder, by submitting a Tender acknowledges and agrees that the City will not be responsible for any costs, expenses, losses, damages (including damages

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for loss of anticipated profit) or liabilities incurred by the Bidder, as a result of or arising out of submitting a Tender. In addition, due to the City’s acceptance or non-acceptance of their Tender or any breach by the City of the bid Contract between the City and each of the Bidders or arising out of any Contract award not made in accordance with the express or implied terms of the RFT documents.

2.12 Conflict of Interest

By submitting a Tender, the Bidder warrants that neither it nor any of its officers, or directors, or any employee with authority to bind the Bidder, has any financial or personal relationship with an employee of the City. In addition, has no affiliation with any elected official or employee of the City or their immediate families, which may be seen by the City to create a conflict.

2.13 Solicitation of Council Members and City Staff

Bidders and their agents will not contact any member of the City Council or City Staff with respect to this RFT, other than the City Representative named in this document or authorized by Purchasing, at any time.

2.14 No Collusion

Bidders will not discuss or communicate with one another on the preparation of their Tender. Each Bidder will ensure that its participation and that of its team members, in the RFT process is conducted without collusion or fraud. Failure to comply with this requirement may lead to disqualification without further notice or warning.

2.15 Joint Submission

In the case of joint submissions, one party must assume overall responsibility, for communications within the RFT process and be identified accordingly in the Tender, but all parties must be jointly and severally responsible for completion of any resulting Contract.

2.16 Freedom of Information and Privacy Protection Act (FOIPPA)

The City advises Bidders that submissions may be subject to the provisions of FOIPPA and the Community Charter. Bidders who wish to ensure particular parts of their submission are protected from disclosure under FOIPPA should specifically identify those portions that constitute a) trade secrets, and b) that are supplied in confidence, and c) the release of which could significantly harm their competitive position. Information that does not meet all three of the foregoing criteria may be subject to disclosure to third parties. Personal information provided in the submission will be collected pursuant to FOIPPA and the Community Charter. The personal information will not be released except in accordance with the FOIPPA. Questions about the

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collection of your personal information may be referred to the Legislative Services Department at (250) 755-4405, or via email at foi@nanaimo.ca.

2.17 Litigation Clause

The City may at its sole discretion, reject a Tender submitted by Bidders if the Bidder, or any officer or director of the Bidder is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to:

(a) Any other Contract for works or Services; or

(b) Any matter arising from the City’s exercise of its powers, duties or functions under the Local Government Act for another enactment within five years of the date of this Request for Tender.

In determining whether to reject a Tender under this clause, the City will consider whether the litigation is likely to affect the Bidder’s ability to work with the City. In addition to work with its consultants and representatives and whether the City’s experience with the Bidder indicates that, the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Bidder.

2.18 Checking of Tenders

Bids will be opened and checked by the City to ensure that: a. All Bids submitted comply with the terms and conditions of the Bid Documents; b. The required Bid security is provided and properly executed; c. All arithmetic extension calculations are correct;

Where there is an obvious error in extensions, additions or computations, the City shall be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Bidder, and shall be used as the basis for comparison of Bids. For greater certainty, any failure by a Bidder to insert a unit price where required shall be deemed to be a $ 0.00 value;

d. All items as specified have been bid on; and e. No claims or litigation proceedings have been instituted by the Bidder against the City, or in

turn by the City against the Bidder.

2.19 Award Notifications

The successful Bidder will be notified in writing and required contractual obligations will need to be fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for results of the opportunity as unsuccessful Bidders will not be notified.

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2.20 Opening of the Tenders

There will be a public opening for this RFT.

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General Terms and Conditions

3.1 Right of the City to Cancel the RFT Process

The City is not bound to select a Bidder or accept any Submission and reserves the right in its sole discretion to postpone or cancel this RFT process at any time for any reason whatsoever at the sole discretion of the City. The City reserves the right to cancel this RFT if all Submissions are over budget.

3.2 Acceptance and Rejection of Tenders

The City reserves the right to: a. Assess the ability of the Bidder to perform the contract and may reject any Tender where,

in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient; b. In the event of an obvious uneven bid, the City reserves the right to attain clarification

from the Bidder; c. Reduce the Scope of Services required within the RFT and adjust the price to reflect such

change after award of a Contract.

The City may accept or waive a minor and inconsequential irregularity, or where applicable to do so, the City may, as a condition of acceptance of the Tender; request a Bidder to correct a minor or inconsequential irregularity with no change in the Tender.

The determination of what is or is not a minor bid irregularity, the determination of whether to accept, waive, or require correction of an irregularity and the final determination of the validity, will be the sole discretion of the City.

3.3 Project De-Scoping

In the event Bids exceed the value of the estimated budget, the City reserves the right to conduct a de-scoping exercise whereby the component(s) identified in Schedule A - Bidder’s Price Sheet, will be removed from the scope of the award and Bids will be re-ranked based on the revised grand total Tender Price of each Bid.

3.4 Process for Over Budget Event

If the City must in accordance with the clause above, carry out a Project De-scoping, the City will revise the Bid ranking based on the grand total Tender Price of each Bid taking into account the applicable De-scoping Price Adjustment(s) reflected in each Bidders Submission. The City will carry out the De-scoping exercise using only those components identified in Schedule A - Bidder’s Price Sheet.

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3.5 Gifts and Donations

The Successful Bidder will ensure that no representative of the Successful Bidder will offer or extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any employee of the City. The Successful Bidder will report any attempt by any employee of The City to obtain such favours to the City of Nanaimo’s Chief Administrative Officer.

3.6 Contractor Performance

The Contractor will be evaluated on their performance throughout the term of this Agreement. Contractors achieving a less than satisfactory rating under the evaluation will be notified and required to create and implement a corrective action plan that addresses any shortfall in the Contractor’s performance. If the Contractor fails to create or implement the corrective action plan or if the Contractor’s performance level does not improve The City may take further action including but not limited to cancelling the Agreement and/or suspension of the Contractor from future bidding opportunities.

3.7 Business Licence

The Contractor shall obtain and maintain a City of Nanaimo Business License or an Inter-Community Business License for the duration of the Contract. Failure to verify possession of a valid Business License is cause for Contract cancellation.

3.8 Invoicing and Payment

Invoices should be sent to the City’s Accounts Payable Department at the following email address; finance.division@nanaimo.ca and should include as a minimum:

a. Purchase Order number; b. Contract Document Number, if applicable; c. City contact full name (first and last); d. Applicable taxes shown as a separate line item

Payment term is Net (30) days from receipt of an accurate invoice. Electronic Funds Transfer (EFT) is the preferred method of payment. EFT is a direct deposit into the Contractor’s bank account.

The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing without penalty.

No payment for extras shall be made by the City, unless the City’s designated project Manager authorizes such extras.

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3.9 Performance of the Work

The Contractor must perform all Work in accordance with all the terms and conditions of the Contract, in accordance with all applicable Law, and in accordance with best industry practice.

3.10 Key Personnel

The City may require the Contractor to submit to the City a list of Key Personnel (inclusive of Sub-Contractors), which the Contractor is proposing for performance of the Work.

If the Contractor’s list of its proposed Key Personnel has been approved by the City, the Contractor must not make any substitution of the approved Key Personnel without prior written consent of the City. The City’s consent must not be reasonably withheld however, the Contractor’s substitute must be of equivalent experience or qualifications or both.

3.11 Notification of Award

The Successful Bidder will be notified in writing and the required contractual obligations will need to be fulfilled before the Work can begin. All Bidders are directed to regularly check the City’s website for results of the opportunity as unsuccessful Bidders will not be notified in writing.

3.12 Indemnification

The Contractor shall indemnify and save harmless the City and its Council Members, officers, servants, employees, volunteers and agents from and against all claims, demands, proceedings, suits, losses, damages, costs and expenses of whatsoever kind or nature (including, but not limiting the generality of the foregoing, in respect of death, injury, loss or damage to any person or property). Where the same or any of them are based upon or arising in any way out of or connected with this RFT document, except to the proportionate extent that such actions, claims, demands, proceedings, suits, losses, damages, costs and expenses were caused by the indemnified parties or any of them.

3.13 Form of Contract

The Contract Documents include and consist of: This RFT document, including any Addenda and attachments as issued by the City; The Bidder’s submission, as accepted by the City; Insurance as described herein; WorkSafe WCB; The City of Nanaimo Business License or Inter-Community Business License; City’s Purchase Order; and May contain other documentation not mention herein, as mutually agreeable.

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3.14 Insurance

The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain throughout the Contract term hereby granted the following insurance with insurers licensed in the Province of British Columbia and in forms and amounts acceptable to the City of Nanaimo. The policy shall include The City of Nanaimo as an additional insured in respect of all operations performed by or on behalf of the Contractor.

Commercial General Liability Insurance in an amount not less than two million ($2,000,000) inclusive per occurrence against bodily injury, personal injury and property damage and including liability assumed under this Contract and this insurance must:

a. Include the City of Nanaimo as an additional insured; b. Include a cross liability or severability of interest clause; c. Completed operations; d. Contractual liability clause; e. Personal Injury and Property Damage sections are to provide coverage on an "occurrence

basis"; f. Contractors’ Equipment coverage; g. Be endorsed to provide the City of Nanaimo with (30) days advance written notice of

cancellation or material change;

Automobile Liability Insurance covering both owned and non-owned automotive vehicles. This policy shall be written with a minimum two million ($2,000,000) inclusive and shall provide coverage for this amount against legal liability for bodily injury or death or damage to property of others and passenger hazard.

All insurance must be primary; and not require the sharing of any loss by an insurer of the City.

If the insurance policy(ies) expire before the end of the term of this Contract, the Contractor must provide within ten (10) working days of expiration, evidence of new or renewal policy(ies) of all expired insurance in a form acceptable to the City.

The Contractor shall provide, maintain, and pay for, any additional insurance which is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this section in its sole discretion.

The Contractor shall place and maintain, or cause any of its Sub-Contractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct.

The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property.

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It is the responsibility of the Successful Bidder to supply valid insurance certifications to cover the project Work schedule and or term of Contract.

3.15 Safety / WorkSafe BC

The Contractor and any approved Sub-Contractors must be registered in good standing with WorkSafe BC, in which case WorkSafe BC coverage must be maintained for the duration of the Contract. The Contractor agrees and shall:

i. Provide at its own expense the necessary WorkSafe BC compensation coverage for all it employees and partners employed or engaged in the execution of the Work;

ii. Remain current with all assessment reporting and payments due there under and shall comply in every respect with the requirements of the Workers’ Compensation Act and Regulations; and

iii. Be solely responsible for ensuring all Sub-Contractors have proper Work Safe BC coverage.

The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto.

The Contractor understands and undertakes to comply with all of the Workers' Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Safety Data Sheets (SDS)" will be shipped along with the Goods and any future SDS updates will be forwarded.

3.16 Contractor is Prime Contractor

The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2). The Bidder must also understand the general duties of the City as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Bidder must have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract.

Prime Contractor information is included in:

Appendix B - Prime Contractor Preconstruction Meeting Form

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3.17 Sub-Contractors

Contractors who are using Sub-Contractors are to use only the Sub-Contractors listed in Appendix A – Bidder’s Sub Contractors Form, of the Submission and the Contractor will not add or remove any such listed Sub-Contractors from the Work without prior written approval from the City’s designate.

Where there are Sub-Contractors to be employed throughout the term of this Contract, then: a. The Contractor will bind all Sub-Contractors to the terms of the Contract, as applicable

to the Sub-Contractors Work. b. The Contractor will preserve and protect the rights of the City with respect to any Work

performed under Sub-Contract and incorporate the terms and conditions of this Contract into all sub-contracts as necessary to preserve the rights of the City under this Contract.

c. The Contractor shall require each of its Sub-Contractors to provide comparable insurance to that set forth herein.

d. The Sub-Contractor must comply with all conditions and safety regulations of WorkSafe BC and must be in good standing and must maintain this standing throughout the term of the Contract.

e. All Sub-Contractors are the responsibility of the Contractor. f. The Contractor will be as fully responsible to the City for acts and omissions of Sub-

Contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.

3.18 Independent Contractor

The Contractor, their Sub-Contractors, the officers, directors, shareholders, partners, personnel, affiliates and agents of the Contractor and Sub-Contractors are not, nor are they to be deemed to be partners, appointees, employees or agents of the City.

3.19 Non-Exclusivity and Coordination of Work

The City may enter into other agreements with other Contractors in connection with the Project. If the City does enter into such additional agreements, the Contractor must coordinate the performance of its Work with the work of the other Contractors.

3.20 Governing Law

The laws of the Province of British Columbia shall govern this Contract.

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 20 of 38 Date Issued: November 14, 2019

3.21 Permits and Regulations

In carrying out its obligations of the Contract, the Contractor shall comply with all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law.

The Contractor must obtain and pay for all permits and licenses required to enable the Contractor to do all things necessary to perform the contract according to the provisions of the Contract.

3.22 Lien Holdback

In accordance with the Builder’s Lien Act, the City will hold back a Builder’s Lien Fund from all payments due and payable to the Contractor. The City will not pay any interest to the Contractor on the Builder’s Lien Fund.

If the City is not required to hold back a Builder’s Lien Fund, the City may nevertheless, at its discretion, hold back an equivalent amount of money as would be held back in the Builder’s Lien Fund from each payment made under the Contract to the Contractor until construction completion.

3.23 Termination of Contract

The City reserves the right, at its sole discretion, to terminate the agreement, in whole or in part, if the Successful Bidder receives three (3) written notices for any one or more of the following reasons:

Failure to deliver the promised Services at the required time and location; or Failure to provide qualified personnel to perform the Services; or Failure to provide satisfactory Work; or Fails to meet the City’s standard of expected and agreed level of Services and

performance; or Performing unsafe acts while on City property that could pose a threat to the safety

of the City Staff or Public: Safety infractions; or Places unknown Personnel, Sub-Contractor or assignment of the Services to others;

or Is found to be in default or arrears standing at WorkSafe BC; or Fails to provide the necessary insurance or if the required insurance lapses; expired

insurance (CGL or Auto); or Expired business license; or

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 21 of 38 Date Issued: November 14, 2019

Any other reason considered appropriate, at the sole discretion of the City.

Upon termination of the Contract, the City will be under no further obligation to the Successful Bidder, except to pay to any outstanding amounts that the Successful Bidder may be entitled to receive up to the date of termination. Such termination will not result in any penalty to the City.

3.24 Cancellation

The Contract may be cancelled by either party for any reason without cause or penalty upon thirty (30) calendar day’s written notice.

3.25 Dispute Resolution

The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising from the Agreement; using the dispute resolution procedures set out in this section or otherwise agreeable.

a. Negotiation: The parties will make reasonable efforts to resolve any Disputes by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations.

b. Mediation: If all or any portion of a Dispute cannot be resolved by good faith negotiations within (30) days, either party may by notice to the other party refer the matter to mediation. Within (7) days of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Nanaimo, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation.

c. Litigation: If within (90) days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a negotiated resolution, then either party may without further notice commence litigation.

3.26 Time is of the Essence

The Bidder acknowledges that time is of the essence with respect to the Work requirements contained herein.

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 22 of 38 Date Issued: November 14, 2019

Section 4.0 Project Specifications 4.1 Scope of Work

All work shall be in accordance with the Specifications as described herein.

The documents contained in Attachment A and this Section 4.0 make up the entire scope of the Project:

Attachment A – Issued for Tender Drawings (2 Pages)

• S1.01, Rev 3, General Notes, Project Number NAN.123003.0001, dated November 8, 2019 • S1.02, Rev 3, Site Plan and Details, Project Number NAN.123003.001, dated November 8, 2019

4.2 Shop Drawings

The Contractor will be required to submit shop drawings within thirty (30) days of the City’s issued Notice to Proceed. 4.2 Work Schedule

Within seven (7) days of the Notice to Proceed, the Contractor must finalize or complete a Project Schedule that achieves the completion of the Work must be completed on, or, before March 2, 2020. 4.3 Drawings and Documents

The Contractor must maintain at the Project Site: a. One hard copy of all Drawings, Technical Specifications and Change Orders, and any other modifications in good order and marked to the current date to indicate any changes or revisions and selections made during the performance of the Work; and

b. One copy of Product Data, Samples and other similar documentation reflecting the Work as constructed;

All if which must be made available to the City throughout the Contract and must be delivered to the City prior to construction completion.

4.4 As-Built Drawings

The Contractor must provide As-Built Drawings to the City within four (4) weeks of issuing the final inspection/final Certificate of Performance.

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 23 of 38 Date Issued: November 14, 2019

4.5 Guaranteed Period

1. Neither the Notice of Acceptance nor a Notice of Partial Acceptance nor any payment by the City shall relieve the Contractor of responsibility for faulty materials or defective workmanship. The Contractor guarantees to maintain the work against any defects arising from faulty installation, faulty materials, supplied under the Contract or faulty workmanship which may appear within one (1) year of the date of the Notice of Acceptance. If a Notice of Partial Acceptance has been issued, the guarantee period shall begin from the date of such Certificate except for the work still to be performed and the defects and deficiencies still to be corrected which are listed on such Certificate. Faulty materials shall be replaced and defects discovered and failures which occur during the guarantee period shall be rectified to the satisfaction of the Engineer and in accordance with the Contract Documents, including, if deemed necessary by the Engineer, replacement of all or a portion of the work. The same guarantee as is here in provided and for the same period shall attach to such replacement materials or rectified work and the period shall begin on the date the Engineer accepts such replacement materials or rectified work.

2. If the City observes through use of the Works, or if it is discovered by tests or inspection

of the works prior to the end of the guarantee period, that a deficiency or defect exists in the materials or workmanship in respect to the works, the City shall immediately notify the Contractor, by whatever means are available, of the defect or deficiency and instruct him to rectify the fault. Such notification shall be confirmed by the City in writing to the Contractor. In the event that this work, in the opinion of the City, must be done immediately to prevent serious damage, injury or loss of life, the City may perform, or cause to be performed, the necessary work, and shall notify the Contractor accordingly. Work required under guarantee shall, except as otherwise provided herein for emergencies, be carried out by the Contractor or his representative within ten (10) days of the City's written instruction to perform the work. In the event that this work is not done by the Contractor within the ten (10) day period, or such further period as may be approved by the Engineer, the City may take whatever action is necessary to have the work done.

3. All costs relating from the necessity to do work under the guarantee requirement,

whether it be done by the Contractor, his representative, or the City, as provided herein, shall be borne by the Contractor. The Contractor shall, in addition, be liable to the City for all expense, losses, or damages incurred by the City as a result of faulty materials and defective workmanship as are referred to in Section 4.5 - 1, or as a result of the Contractor's failure to meet the guarantee requirements as specified herein, including, but without limiting the generality hereof, all costs of engineering, inspection and testing. All costs will be deducted by the City from the guarantee amount described in Section 4.6 - Release of Guarantees.

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 24 of 38 Date Issued: November 14, 2019

4. The issuance of a Certificate of Completion in relation to a subcontract shall not relieve the Contractor of his obligation under this Section 4.5 - Guarantee Period.

4.6 Release of Guarantees

.1 The Performance Bond and 2% of the final contract price, or five thousand dollars, ($5,000), whichever is greater, or a letter of credit in lieu of the 2% amount or five thousand dollars, ($5,000), whichever is greater, will be held by the City for one year from the date of Notice of Acceptance.

.2 The 2% guarantee amount, or five thousand dollars ($5,000), guarantee amount, held back during the one year guarantee period, or remaining portion thereof, will be released to the Contractor one year following Notice of Acceptance. No interest will be allowed.

3. Prior to the expiration of the one year guarantee period and subsequent release of

guarantees, the City, Engineer and Contractor shall conduct an inspection to determine that all deficiencies have been corrected and that no new defects or deficiencies exist in the materials or workmanship in respect to the works. Any faults corrected at this time will be covered as set out in Section 4.5 Guarantee Period and sufficient guarantees retained for an additional one year period from acceptance of the replacement materials or rectified work.

4. As an alternate to Section 4.6 - 1 and Section 4.6 - 2, a Contractor may deposit with the City an irrevocable letter of credit for $50,000 to cover the guarantee for all works undertaken for the City in any calendar year. This letter of credit would serve as an overall guarantee in place of individual guarantees for each project completed and would be renewed on its anniversary date each year. No interest will be allowed.

LIST OF STRUCTURAL DRAWINGS

DRAWINGS

GENERAL

DESIGN CODE

DESIGN LOADS

FIELD REVIEW BY READ JONES CHRISTOFFERSEN (RJC)

SHOP DRAWINGS

NON-STRUCTURAL ELEMENTS

CONCRETE

³

³

CONCRETE REINFORCEMENT

McGIRR SPORTS FIELDS

NETTING REPLACEMENT

GENERAL NOTES

Sheet Title

Project Name

Drawn By

Designed By

RJC Project Number

Sheet Number

S1.01 3

Revision

SH

MC AS SHOWN

NOVEMBER 8, 2019Date

Scale

NAN.123003.0001

6185 McGIRR ROAD, NANAIMO, BC

No. Revision Date By

Seal

All drawings, plans, models, designs, specifications and other documents

prepared by Read Jones Christoffersen Ltd. ("RJC") and used in connection

with this project are instruments of service for the work shown in them (the

"Work") and as such are and remain the property of RJC whether the Work

is executed or not, and RJC reserves the copyright in them and in the Work

executed from them, and they shall not be used for any other work or project.

These drawings are "design drawings" only. They may not be suitable for

use as shop drawings. Use of these drawings as base drawings for "shop

drawings" is not permitted unless written permission containing certain

conditions and limitations is obtained from RJC. The work "as constructed"

may vary from what is shown on these drawings.

Use of these drawings is limited to that identified in the Revision column.

Do not construct from these drawings unless marked "Issued for

Construction" by RJC in the Revision column, and then only for the parts

noted. The drawings shall not be used for "pricing", "costing", or "tender"

unless so indicated in the Revision column. "Pricing" or "Costing" drawings

are not complete and any prices based on such drawings must allow for this.

3.

2.

1.

Drawing Notes

1 ISSUED FOR CLIENT REVIEW

AUGUST

29, 2019

SH

Read Jones Christoffersen Ltd.

Engineers

rjc.ca

tel

fax

155 Skinner Street, Suite 301

Nanaimo, BC V9R 5E8 Canada

250-716-1550

250-381-7900

2 ISSUED FOR CONSTRUCTION

SEPT. 5,

2019

SH

3 ISSUED FOR TENDER

NOV. 8,

2019

SH

Attachment A

MCGIRR SPORTS FIELD SITE PLAN

DETAIL

ELEVATION

DETAIL

McGIRR SPORTS FIELDS

NETTING REPLACEMENT

SITE PLAN AND DETAILS

Sheet Title

Project Name

Drawn By

Designed By

RJC Project Number

Sheet Number

S1.02 3

Revision

SH

MC AS SHOWN

NOVEMBER 8, 2019Date

Scale

NAN.123003.0001

6185 McGIRR ROAD, NANAIMO, BC

No. Revision Date By

Seal

All drawings, plans, models, designs, specifications and other documents

prepared by Read Jones Christoffersen Ltd. ("RJC") and used in connection

with this project are instruments of service for the work shown in them (the

"Work") and as such are and remain the property of RJC whether the Work

is executed or not, and RJC reserves the copyright in them and in the Work

executed from them, and they shall not be used for any other work or project.

These drawings are "design drawings" only. They may not be suitable for

use as shop drawings. Use of these drawings as base drawings for "shop

drawings" is not permitted unless written permission containing certain

conditions and limitations is obtained from RJC. The work "as constructed"

may vary from what is shown on these drawings.

Use of these drawings is limited to that identified in the Revision column.

Do not construct from these drawings unless marked "Issued for

Construction" by RJC in the Revision column, and then only for the parts

noted. The drawings shall not be used for "pricing", "costing", or "tender"

unless so indicated in the Revision column. "Pricing" or "Costing" drawings

are not complete and any prices based on such drawings must allow for this.

3.

2.

1.

Drawing Notes

1 ISSUED FOR CLIENT REVIEW

AUG. 29,

2019

SH

Read Jones Christoffersen Ltd.

Engineers

rjc.ca

tel

fax

155 Skinner Street, Suite 301

Nanaimo, BC V9R 5E8 Canada

250-716-1550

250-381-7900

2 ISSUED FOR CONSTRUCTION

SEPT. 5,

2019

SH

3 ISSUED FOR TENDER

NOV. 8,

2019

SH

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 27 of 38 Date Issued: November 14, 2019

Section 5.0 Bidder’s Information Form Bidders must complete this form and include with the Tender Submission.

Please ensure all information is in ink and legible.

1. Company Name

2. Bidder’s Main Contact Individual

3. Address (include postal code)

4. Office Phone #

5. Cellular #

6. Email address

Signature:_______________________________________________________________________

Print Name: ____________________________________ Date: _____________________

Note: All forms that require a signature must be signed by a person authorized to legally bind the Bidder to statements made in response to this RFT.

The Bidder hereby acknowledges that: 1. it understands and agrees with the RFT process as described in this RFT; and, inaddition; and2. verifies the information included in the Tender is correct, and it has thoroughlyreviewed, and has complied with the documents making up their Tender, including allspecifications.

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 28 of 38 Date Issued: November 6, 2019

Schedule A – Bidder’s Price Sheet

Lump Sum Price Contract

Lump Sum Price Contract. Lump Sum Price includes the Contractor’s labour, mobilization, demobilization, material, equipment, supply, delivery and installation of materials, overhead and profit, all taxes and duties, inspections including the co-ordination with all suppliers and sub-contracted trades.

Description Unit Total

McGirr Sports Field Netting Replacement Site 1

Lump Sum

McGirr Sports Field Netting Replacement Site 2

Lump Sum

LUMP SUM SUBTOTAL

GST (5%)

Total Lump Sum Price Contract

In the event Bids exceed the value of the estimated budget, the City reserves the right to conduct a de-scoping exercise whereby the McGirr Sports Field Netting Replacement Site 1 will be removed from the scope of the award and Bids will be re-ranked based on the revised grand total Tender Price of each Bid after the deduction of the McGirr Sports Field Netting Replacement Site 1 listed below has been applied.

Lump Sum Price Contract. Lump Sum Price includes the Contractor’s labour, mobilization, demobilization, material, equipment, supply, delivery and installation of materials, overhead and profit, all taxes and duties, inspections including the co-ordination with all suppliers and sub-contracted trades.

Description Unit Total

McGirr Sports Field Netting Replacement Site 2

Lump Sum

LUMP SUM SUBTOTAL

GST (5%)

Total Lump Sum Price Contract

COMPANY NAME REPRESENTATIVE INITIAL

MCGIRR SPORTS FIELD NETTING REPLACEMENT REQUEST FOR TENDER No. 2507

Page 29 of 38 Date Issued: November 6, 2019

Appendix A - Bidder’s Sub-Contractors Form

The Bidder intends to use the following Sub-Contractors for the portions of the Work identified below. All Sub-Contractors who will perform any portion of the Work should be listed. The City expects that the Bidder will engage only the listed Sub-Contractors and no others, without prior written authorization of the City’s designated project Manager.

Sub-Contractor Address Type of Work

Department: City of Nanaimo

Subject: Prime Contractor Preconstruction Meeting Form

Form Revised: Page:

July 29, 2015 1 of 4 Approved by: Health and Safety Manager

Date Meeting Location

Contract # WSBC Firm #

Prime Contractor Company Name

Prime Contractor’s Superintendent

Description of Designated Workplace

Description of Work

City Contract Representative

Agreement The Prime Contractor:

Check Acknowledges appointment as Prime Contractor defined by WorkSafeBC OH&S Regulation 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, Section 119. Understands for any discrepancy establishing health and safety protocol, WorkSafeBC 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 WorkSafeBC 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 WorkSafeBC OH&S Regulation. Understands any WorkSafeBC violation by the Prime Contractor may be considered a breach of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City. Understands any penalties, sanctions or additional costs levied against the Prime Contractor will be the responsibility of the Prime Contractor. Confirms the Prime Contractor’s Safe Work procedures and risk assessments were prepared by, or approved by, a Qualified Person as defined by WorkSafeBC OH&S Regulation.

Appendix B

Department: City of Nanaimo

Subject: Prime Contractor Preconstruction Meeting Form

Form Revised: Page:

July 29, 2015 2 of 4 Approved by: Health and Safety Manager

Accepts the following required documents shall be maintained and made available upon request from the City and/or WorkSafeBC Prevention Officer at the workplace

Documents required to be maintained and available by the Prime Contractor will include, but not be limited to:

Check All notices which the Prime Contractor is required to provide to WorkSafeBC as per WorkSafeBC 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 WorkSafeBC. 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 project 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 emergency route to the hospital.

The following information must be provided to the City Contract Representative: Check

WorkSafeBC Notice of Project (if applicable) WorkSafeBC Clearance Letter Prime Contractor’s OH&S Safety Program Prime Contractor’s Site/Project Specific Hazard Identification and Risk Assessments, Safe Work Procedures, etc. First Aid Attendant(s)

Safety Supervisor(s)

Location of First Aid Station

Signature of Prime Contractor

Department: City of Nanaimo

Subject: Prime Contractor Preconstruction Meeting Form

Form Revised: Page:

July 29, 2015 3 of 4 Approved by: Health and Safety Manager

Signature of City Contract Representative

Pre-Existing and Known Hazard Identification

Discussion between the Prime Contractor and the City Contract Representative

Date Meeting Location

Prime Contractor Company Name

Prime Contractor’s Superintendent

City Contract Representative

• City Contract Representative to make the Prime Contractor aware of any known extraordinarypre-existing hazards specific to the contract.

• It is recognized the pre-existing and known hazards identified may not be a comprehensivelist 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

Prime Contractor Representative (signature) City Contract Representative (signature)

Department: City of Nanaimo

Subject: Prime Contractor Preconstruction Meeting Form

Form Revised: Page:

July 29, 2015 4 of 4 Approved by: Health and Safety Manager

Prime Contractor Representative (print name) City Contract Representative (print name)

CONSENT OF SURETY COMPANY

We, the undersigned Surety Company, do hereby consent and agree to become bound as guarantor in a Performance Bond in the amount of fifty percent (50%) of the total tender for the fulfillment of the Contract, with as principal for the works specified in the Contract Documents entitled

which Contract may be awarded within sixty (60) days from the closing date of tenders to at the price(s) set forth in the tender. The Bonds shall be issued in the form and manner specified within the Contract Documents.

We hereby further declare that our Company is licensed to conduct business in the province or territory wherein the work is located and has a net worth greater than the amount of the required guarantee.

________________________________ Surety Company

________________________________ Signature for Surety Company

________________________________ Title

PLACE __________________________

DATE: __________________________

Appendix C

The City of Nanaimo Page 1 of 4 Date Issued: November 28, 2018

BID BOND No. $

Know All Men by These Presents That

as Principal hereinafter called the Principal, and a corporation created and existing under the laws of , and duly authorized to transact the business of Suretyship in , as Surety, hereinafter called the Surety, are held and firmly bound unto

as Obligee, hereinafter called the Obligee, in the amount of

Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents

Whereas, the Principal has submitted a written tender to the Obligee, dated the day of 20__ , for

Now, Therefore, the Condition of This Obligation is such that if the aforesaid Principal shall have the tender accepted within sixty (60) days from the closing date of tender and the said Principal will within the time required, enter into a formal contract and give the specified security to secure the performance of the terms and conditions of the Contract, then this obligation shall be null and void; otherwise the Principal and the Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former.

The Principal and the Surety shall be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of six months from the date of this Bond.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20__

Signed and Sealed ( (SEAL) In the presence of ( ( (SEAL) ( ( (SEAL) Endorsed by The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Canadian Construction Association The Engineering Institute of Canada The Specification Writers Association of Canada Approved by Insurance Bureau of Canada ___________________________________ Attorney-in-fact

The City of Nanaimo Page 2 of 4 Date Issued: November 28, 2018

LABOUR AND MATERIAL PAYMENT BOND (Trustee Form)

No. $ NOTE: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned by the full and faithful

performance of the Contract.

Know All Men by These Presents That as Principal

hereinafter called the Principal, and a corporation created and existing under the laws of , and duly authorized to transact the business of Suretyship in

, as Surety, hereinafter called the Surety, are held and firmly bound unto

as Trustee, hereinafter called the Obligee, for the use and benefit of the Claimants, their and each of their heirs, executors, administrators, successors and assigns in the amount of

($ )of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has entered into a written contract with the Obligee, dated the day of 20__ , for

which contract, Specifications & Drawings are by reference made a part hereof, and is hereinafter referred to as the Contract.

No, Therefore, the Condition of This Obligation is such that if the Principal shall make payment to allClaimants for all labour and material used or reasonably required for use in the performance of the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

(1) A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour,material, or both, used or reasonably required for use in the performance of the Contract, labour and materialbeing construed to include that part of water, gas power, light, heat, oil, gasoline, telephone service or rentalequipment directly applicable to the Contract provided that a person, firm or cooperation who rents equipment tothe Principal to be used in the performance of the Contract under a contract which provides that all or any part ofthe rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of theprevailing industrial rental value of such equipment for the period during which the equipment was used in theperformance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar asit is practical to do so, in accordance with and in the manner provided for in the latest revised edition of thepublication of the Canadian Construction Association titled "Rental Rates on Contractors' Equipment" publishedprior to the period during which the equipment was used in the performance of the Contract.

(2) The Principal, and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimantwho has not been paid as provided for under the terms of his contract with the Principal, before the expiration ofa period of ninety (90) days after the date on which the last of such Claimant's work or labour was done orperformed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for,sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to suchClaimant under the terms of his contract with the Principal and have execution thereon. Provided, that theObligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants,or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the nameof the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding shallbe taken on the understanding and basis that the Claimants, or any of them, who take such act, action orproceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilitiesincurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that,subject to the foregoing terms and conditions, the Claimants, or any of them, may use the name of the Obligee tosue on and enforce the provisions of this Bond.

The City of Nanaimo Page 3 of 4 Date Issued: November 28, 2018

(3) No suit or action shall be commenced hereunder by any Claimant:

(a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of thePrincipal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such noticeshall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at anyplace where an office is regularly maintained for the transaction of business by such person or served in anymanner in which legal process may be served in the Province or other part of Canada in which the subjectmatter of the Contract is located. Such notice shall be given

(1) in respect of any claim for the amount or any portion thereof required to be held back from theClaimant by the Principal, under either the terms of the Claimant's contract with the Principal, or underthe Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal, whichever isthe greater, within one hundred and twenty (120) days after such Claimant should have been paid infull under the Claimant's contract with the Principal;

(2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within onehundred and twenty (120) days after the date upon which such Claimant did, or performed, the last ofthe work or labour or furnished the last of the materials for which such claim is made, under theClaimant's contract with the Principal;

(b) after the expiration of one (1) year following the date on which Principal ceased work on the Contract,including work performed under the guarantee provided in the Contract;

(c) other than in a court of competent jurisdiction in the Province or District of Canada in which the subjectmatter of the Contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree tosubmit to the jurisdiction of such court.

(4) The Surety agrees not to take advantage of Article 1959 of the Civil Code of the Province of Quebec in the eventthat, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothecs andprivileges of said Claimant.

(5) The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith,and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens whichmay be filed of record against the subject matter of the Contract, whether or not claim for the amount of such lienbe presented under and against this Bond.

(6) The Surety shall be liable for a greater sum than the specified penalty of this Bond.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond thisday of 20__

Signed and Sealed ( (SEAL) In the presence of (

( (SEAL) Endorsed by The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Canadian Construction Association The Engineering Institute of Canada The Specification Writers Association of Canada

Approved by Insurance Bureau of Canada ___________________________________

Attorney-in-fact

The City of Nanaimo Page 4 of 4 Date Issued: November 28, 2018

PERFORMANCE BOND No. $ Know All Men by These Presents That

as Principal hereinafter called the Principal, and a corporation created and existing under the laws of

, and duly authorized to transact the business of Suretyship in , as Surety, hereinafter called the Surety, are held and firmly bound unto

as Obligee, hereinafter called the Obligee, in the amount of

Dollars, ($ ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents

Whereas, the Principal has submitted a written tender to the Obligee, dated the day of

20__ , for in accordance with the Specifications and Drawings submitted therefor which contract, Specifications and Drawings, are by reference made part hereof and are hereinafter referred to as the Contract.

Now, Therefore, the Condition of This Obligation is such that if the Principal shall promptly and faithfullyperform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly

(1) complete the Contract in accordance with its terms and conditions or(2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and

conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for acontract between such bidder and the Obligee and make available as work progresses (even though there shouldbe a default, or a succession of defaults, under this paragraph) sufficient funds to pay the cost of completion lessthe balance of the Contract price; but not exceeding, including other costs and damages for which the Surety maybe liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price,"as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract,less the amount properly paid by the Obligee to the Principal.

Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which finalpayment under the Contract falls due.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

No right of action shall accrue on this Bond, to or for the use of, any person or cooperation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee.

In Witness Whereof, the Principal and the Surety have Signed and Sealed this Bond this day of 20__

Signed and Sealed ( (SEAL) In the presence of (

( (SEAL) Endorsed by Insurance Bureau of Canada The Royal Architectural Institute of Canada The Association of Consulting Engineers of Canada The Engineering Institute of Canada The Specification Writers Association of Canada

Approved by Insurance Bureau of Canada ___________________________________

Attorney-in-fact Approved by Canadian Construction Association, 1972