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DEMOLITION AND LEGAL DISPOSAL OF THEA-FRAME PORTION OF THE SKEENA ICE ARENA

2755 HIGHWAY 62, HAZELTON, BC

TENDER PACKAGENO. 2015-SIAA-001

TABLE OF CONTENTS

TABLE OF CONTENTS...................................................................................................2

DEFINITIONS..................................................................................................................3

TENDER SUMMARY.......................................................................................................4

SECTION A - GENERAL CONDITIONS OF THE CONTRACT.......................................6

SECTION B - REQUIRED FORMAT OF THE TENDER .................................................9

SECTION C - SCHEDULE OF WORKS AND PRICES..................................................12

SECTION D - PROJECT REQUIREMENTS..................................................................13

APPENDIX A - GENERAL CONDITIONS......................................................................14

DEFINITIONS

“Call for Tender” means this Call for Tenders and includes all documents, specifications, drawings and addenda incorporated herein.

“Contract” means a formal written Contract between the Skeena Ice Arena Association (SIAA) and the Proponent to undertake the services described in this Tender Package.

“Contractor” means the successful Proponent that has entered into an agreement with the SIAA that has been authorized by the SIAA Board.

“Demolition” means demolition resulting in the legal disposal, reuse or recycling of all building materials, including hazardous materials.

“GST” means the Goods & Services Tax administered under the Excise Tax Act (Canada) and any successor tax or levy therefore in force from time-to-time.

“Hazardous Materials” means any material, product or substance regulated as a controlled product or hazardous waste under the B.C. Workers Compensation Act and Environment Management Act, respectively, that is present on a demolition site or is produced, originates or results from demolition.

“Legal Disposal” means removal of materials from the worksite and disposal of materials at an approved landfill, hazardous waste facility, recycling facility or scrap metal dealer and includes storage for such purposes.

“Preferred Proponent” means a Proponent selected by the SIAA to enter into a contract.

“Prime Contractor” means a Prime Contractor as defined in Part 3, Division 3, Section 118, of the WorkSafe BC Regulation.

“Proponent” means a responder to this Call for Tender.

“PST” means the Provincial Sales Tax

“Recycling” means the process of collecting, sorting, cleaning, treating and reconstituting materials that otherwise would be waste, and converting them into material that can be used for new products, and includes storage for such purposes.

“Reuse” means further or repeated use of the building materials, and includes storage for such purpose.

“Services” means all the labour, materials, equipment, supplies, work and other items necessary for the execution, completion and fulfillment of the Contract.

“SIAA” means the corporate entity known as the Skeena Ice Arena Association, and generally known as the SIAA.

"Substantial Completion" has the meaning ascribed to it in #27 of the General Conditions.

“Tender” means a tender submitted in response to this Call for Tender.

"Total Performance of the Work" means when the entire Work has been performed to the requirements of the Contract Documents and is so certified by the Skeena Ice Arena Association.

Demolition and Legal Disposal of the A-frame portion of the Skeena Ice Arena, 2755 Highway 62, Hazelton, BC –Tender Package No. 2015-SIAA-001 3

DEMOLITION AND LEGAL DISPOSAL OF THEA-FRAME PORTION OF THE SKEENA ICE ARENA,

2755 HIGHWAY 62HAZELTON, BC

TENDER PACKAGE - NO. 2015-SIAA-001

SUMMARY

Closing Date: 5:00 pm, FRIDAY, JULY 03, 2015

Location: SKEENA ICE ARENA ASSOCIATIONc/o DISTRICT OF NEW HAZELTON 3026 BOWSER STREETPO BOX 340NEW HAZELTON, BC V0J 2J0

Attention: Vivienne Spooner, President, Skeena Ice Arena Association

Proponent: Name of Individual or Firm

Address Postal Code

Telephone Number E-mail Fax Number

SUBMISSION OF TENDERPrepare and attach a detailed bid in response to the Tender Package and return to the SIAA by the stated closing date and time.

ADDENDAADDENDUM NO. DATED

ADDENDUM NO. DATED

ADDENDUM NO. DATED

It is herewith acknowledged that the foregoing Addenda have been received and form part of the Tender.

This form to be completed and returned with the Tender.




TENDER PACKAGE - NO. 2015-SIAA-001

INTRODUCTION

TENDERSTenders will be received by Vivienne Spooner, President, Skeena Ice Arena Association, c/o District of New Hazelton, 3026 Bowser Street, PO Box 340, New Hazelton, BC V0J 2J0, until 5:00 pm, Friday, July 03, 2015, in sealed envelopes clearly marked “Demolition and Legal Disposal of the A-Frame Portion of the Skeena Ice Arena, 2755 Highway 62, Hazelton, B.C. Tender No. 2015-SIAA-001”.

Tenders or amendments submitted by facsimile or email will not be accepted.

The lowest or any Tender received may not necessarily be accepted. Award of this contract is subject to adequate funding being available to the Skeena Ice Arena Association

PAGES 4, AND 12 MUST BE COMPLETED AND SUBMITTED WITH TENDERS

PROJECT OVERVIEWThe Skeena Ice Arena Association (SIAA) invites qualified and experienced firms to submit Tenders in accordance with the terms, conditions and specifications of this Call for Tenders, for the demolition and legal disposal of the A-frame portion of the Skeena Ice Arena, an A-frame log structure with steel roofing built circa 1970. The building is located at 2755 Highway 62, Hazelton BC.

SITE MEETINGProponents are encouraged to attend a site meeting on Wednesday, June 24, 2015 at 12:00 pm. Please meet at the Skeena Ice Arena, 2755 Highway 62, Hazelton, BC.

ADDENDAIf there are to be any changes in the Tender, Proponents will be informed, prior to the close of the period allowed for receiving Tenders, by means of an ADDENDUM, a written communication issued by the SIAA. All ADDENDA received shall be acknowledged by the Proponent in the Tender Summary on Page 4.

PROPONENT INQUIRIESInquiries regarding this Tender must be directed by email to Vivienne Spooner, President, Skeena Ice Arena Association at [email protected]

TENDER DOCUMENTSTender documents may be obtained from the District of New Hazelton office, located at 3026 Bowser Street, New Hazelton, BC. as of 9:00 am, Friday, June 12, 2015, and also on the District of New Hazelton website at www.newhazelton.ca and on BCBid.


http://www.newhazelton.ca/

SECTION A - GENERAL CONDITIONS OF THE CALL FOR TENDER

Changes and withdrawal of Tenders: Any Proponent may withdraw its Tender prior to the closing date and time specified on page 5 by submitting a written request to Vivienne Spooner, President, Skeena Ice Arena Association, at [email protected] . Changes or amendments to Tenders must be received in writing by the SIAA prior to the closing date and time. The Proponent shall not be entitled to amend or revise its Tender after the closing date and time, and no words or comments shall be added to the general conditions or detailed specifications unless requested by the SIAA for purpose of clarification.

Proponent’s Understanding of the Call for Tenders:Proponents are cautioned to carefully read and follow the procedures required under this Call for Tenders, as any deviation, omission, as well as any inaccuracies or misstatements may be cause for rejection. Proponents are required to carry out their own due diligence in order to prepare their Tenders. The Proponent shall satisfy itself as to the character, quality and quantity of work to be performed, materials and equipment to be furnished, and as to the requirements of any drawings, specifications, mapping and any other contract documents which may affect its Tender and the performance of the work, and shall not claim at any time after submitting a Tender that there was any misunderstanding in regard to or resulting from the Call for Tenders.

Sub-Contracting or Assigning: The Preferred Proponent shall not, without the express written consent of the SIAA, assign this Tender, or any portion of this Tender or any Contract arising from such Tender.

Acceptance or Rejection of Tenders:This solicitation is a Call for Tenders. The SIAA is under no obligation to award any contract as a result of this Call for Tenders and reserves the right to cancel the Tender process at any time. Submission of a Tender and its subsequent receipt by the SIAA does not represent a commitment on the part of the SIAA to proceed any further with the Proponent. The SIAA reserves the right to accept or reject any Tender in whole or in part, or to waive any irregularities at its own discretion.

Contract Award:The SIAA reserves the right to select any proponent as a Preferred Proponent. Any Proponent, if selected as a Preferred Proponent by the SIAA, commits in good faith to enter into a Contract with the SIAA on the basis of the Tender submitted. Any Contract awarded as a result of this Call for Tender will be based upon the best overall value to the SIAA, as solely determined by the SIAA.

Acceptance Period for Tenders:Each Tender submission remains open for acceptance by the SIAA for a period of 30 days following the closing date and must not be withdrawn by the Proponent within that time frame.

No Binding Agreement until Execution of a Contract:By submitting a Tender, a Proponent acknowledges that no Contract exists between itself and the SIAA until a final agreement has been approved and executed by the authorized signatories of both parties.

Acceptance of Terms & Conditions of Tender:A Proponent wishing its Tender to be considered must abide by the terms and conditions outlined in this call for Tender.


No Advertising of Relationship: The awarding of a Contract will not permit the Preferred Proponent(s) to advertise the relationship with the SIAA, without prior written authorization by the SIAA.

Confidentiality: Any information acquired about the SIAA by a Proponent during this process must not be disclosed unless authorized by the SIAA, and this obligation will survive the termination of the Tender process.

Cost of Tender Preparation: Preparation and submission of a Tender in response to this Call for Tenders is voluntary and any costs associated with Tender preparation, submission, meetings, negotiations or discussions with the SIAA are solely those of the Proponent submitting the Tender.

No Claim: The SIAA and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Tender, or participating in negotiations for a Contract, or other activity related to or arising out of this call for Tenders. Except as expressly and specifically permitted in this Call for Tenders, no Proponent shall have any claim for any compensation of any kind whatsoever, as a result of participating in this Tender process, and by submitting a Tender, each Proponent shall be deemed to have agreed that it has no claim.

No Warranty: The SIAA, its directors, officers, servants, employees, agents and consultants expressly disclaim any and all liability for representations, warranties, express or implied or contained in, or for omissions from this Call for Tenders or any written or oral information transmitted or made available at any time to a Proponent by or on behalf of the SIAA. Nothing in this Call for Tenders is intended to relieve a Proponent from forming its own opinions and conclusions in respect of this Call for Tenders.

No Conflict of Interest: By submitting a Tender, the Proponent declares that it has no pecuniary interest in the business of any third party that would cause a conflict of interest or be seen to cause a conflict of interest in carrying out the services. Should such an interest be acquired during the term of this agreement, the Proponent shall declare it immediately in writing to the SIAA. If the Proponent does declare a conflict of interest, the SIAA may direct the Proponent to resolve the conflict of interest to the SIAA’s satisfaction. A tender may be rejected if the Proponent's current or past corporate or other interests may, in the SIAA's opinion, give rise to a conflict of interest in connection with this work.

Exclusion of Liability:No Proponent shall have any claim for any compensation of any kind whatsoever as a result of participating in this Call for Tender, and by submitting a Tender each Proponent shall be deemed to have agreed that it has no such claim.

Inspection of the Place of the Work:Each Proponent is responsible to carefully examine the building and location before submitting a Tender. Each Proponent is responsible to be familiar with and to make allowance for all conditions that might affect the Tender or the performance of the work, including but not limited to the condition of all surrounding facilities, other local conditions, as well as access. No additional payments or allowances shall be made for such claims. Demolition and Legal Disposal of the A-frame portion of the Skeena Ice Arena, 2755 Highway 62, Hazelton, BC –Tender Package No. 2015-SIAA-001 7

Acceptance:Tenders which contain qualifying conditions or otherwise fail to conform to the instructions contained in this Call for Tenders may be disqualified or rejected.

Evaluation:All Tenders will be evaluated by the SIAA. The lowest priced Tender or any Tender will not necessarily be accepted.


SECTION B – REQUIRED FORMAT OF TENDERSThis section is intended to provide a summary for the Proponent, as to the content of the Call for Tender submission. The Tender shall be complete, specific and provide sufficient details to allow comparative analysis. In order to receive Tenders in a uniform format, Proponents should structure their Tender in the order outlined below, identifying each section by number. Proponents are encouraged to include any additional information that may be relevant to their Tender and which may assist the SIAA in the evaluation of their Tender. Tenders are to include the following sections, in order:

Mandatory Tender Requirements:The following submission format and information must be provided in order for the Tender submission to receive full consideration. All pages should be consecutively numbered. Tenders not meeting all mandatory requirements of this Call for Tender may be subject to rejection without further consideration.

Cover Page/Letter:Proponents must submit a cover letter, signed by an individual responsible for certifying accuracy of all information in the Tender and with the authority to commit to the Tender.

Section 1 – Proponent’s Profile: Provide a summary of the Proponent’s profile, duration in business and summary of staff qualifications and experience. Please list staff names and positions of the project team that would be assigned to this project.

Section 2 – Proponent’s Experience and References:Provide a list of similar projects that the Proponent has successfully completed and associated references.

Section 3 – Detailed Requirements: Tender details which respond to the project requirements as outlined in the Call for Tender, including the following:

provide a detailed description of the proposed methodology for performing the demolition of the A-frame portion of the Skeena Ice Arena, including any primary equipment to be used;

provide a list of material handling facilities that will be used, and what materials these facilities handle; and

provide a Site Plan showing proposed laydown and staging areas.

Section 4 – Work Schedule:Provide a work schedule to complete the entire project including any project milestones. Include a start date and a completion date.

Section 5 – Pricing: Proponents will provide total price to complete the work as outlined in the Tender, including all applicable taxes shown separately. All prices proposed are to be in Canadian dollar (CAD) funds.


Closing Date: Sealed Tenders received after the specified closing date and time will be returned to the Proponent.

Submission of Tenders: Only written Tenders; delivered in the manner required by this Call for Tender will be considered; no oral, faxed or electronically transmitted Tenders will be considered. All Tenders must be delivered in a sealed envelope and must be received at 3026 Bowser Street, New Hazelton, BC prior to closing at 5:00 pm, Friday, July 3, 2015. The Tender must be clearly marked “Demolition and Legal Disposal of the A-Frame Portion of the Skeena Ice Arena Tender No. 2015-SIAA-001”.

Contact:Any questions or requests for clarification concerning this Call for Tenders must be submitted by email to the attention of Vivienne Spooner, President, Skeena Ice Arena Association at [email protected] between 8:30 am and 4:30 pm, Monday to Friday.


SECTION C - SCHEDULE OF WORKS AND PRICES TO BE SUBMITTED WITH TENDER



Establish temporary perimeter fencing and access control to the worksite $________________

Map, label, remove and store the boards and glass panelssurrounding the playing surface $________________

Remove and dispose of all bleachers $________________

Remove and salvage the overhead lights and wiring $________________

Disconnect all utilities connected to the A-frame portionof the building including water, sewer, propane and electrical $________________

Remove and reuse or recycle the roofing steel $________________

Dismantle the A-frame log structure. This includes removal of all logs,cables, wood and steel bracing from the site and either reuse or dispose of the materials $________________

Site clean-up and landscaping $________________

Subtotal $________________

Materials Salvage Credit $_(_____________)_

Total GST $________________

Total PST (if applicable) $________________

TOTAL CONTRACT PRICE: $ (Incl. applicable taxes)


Must be signed by an authorized representative of the company:

Proponent’s Company Name:

Address:

Contact Person:

Phone: Fax:

Email:

Signature: (Verified and signed on behalf of the company submitting this Tender).

Position:

Date signed:

SECTION C - SCHEDULE OF WORKS AND PRICES IS TO BE SUBMITTED WITH TENDER.


SECTION D – PROJECT REQUIREMENTS

Project Scope:

This Call for Tender is for the complete demolition and disposal of the A-frame portion of the Skeena Ice Arena. The demolition is limited to the A-frame structure covering the playing surface, bleachers, hazardous materials and any appliances and fixtures attached to the A-frame structure that do not constitute a structural component of the building.

It is intended that the glass and boards surrounding the playing surface and the cement slab which forms the playing surface and the ice plant are to be utilized again as an open air facility or under temporary cover. The intent is to remove the glass and boards for re-installation after the demolition of the A-frame structure.

During the demolition process, the contractor must ensure that no damage occurs to the ice plant, the cement slab or to the front end of the arena building attached to the A-frame portion. Any damage to the cement slab, the ice plant or to the front end of the arena building attached to the A-frame portion will be repaired at the expense of the contractor.

The Contractor is expected to re-claim materials by direct salvage, sorting and recycling and/or dispose of materials where salvage or separation is not viable.

Disposed materials are to be taken to an approved handling facility, appropriate to the materials being disposed. The Contractor must supply the SIAA with disposal records from the approved handling facility.

The Contractor will be responsible for the service disconnections within the A-frame portion of the Skeena Ice Arena including but not limited to electrical, propane, water and sewer. All service disconnections must be co-ordinated with the SIAA. The Contractor will ensure that electrical, propane, water and sewer service within the work area is properly shut off prior to the commencement of demolition of the A-frame structure.

The SIAA will be responsible for and undertake a Hazardous Material Survey prior to the commencement of work. The SIAA will provide a copy of the Hazardous Material Survey to the contractor.

The Contractor will be responsible for obtaining a demolition permit. The SIAA will pay the cost of the demolition permit.

The Contractor will be responsible for protection of existing facilities and landscaping from damage by equipment and materials. Repairs required as a result of damage related to work on the site will be borne by the Contractor.

The Contractor must use appropriate floor protection when utilizing heavy equipment on the cement slab which forms the ice surface. Steel tracked equipment is not permitted on the cement slab in order to protect the refrigeration piping from damage.

The Contractor will be responsible for rough grading the site with existing native material upon project completion and to the satisfaction of the SIAA.

The Contractor shall complete all work by September 7, 2015.

Demolition and Legal Disposal of the A-frame portion of the Skeena Ice Arena, 2755 Highway 62, Hazelton, BC –Tender Package No. 2015-SIAA-001

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Site Access:

The Contractor shall co-ordinate laydown and temporary on-site material storage areas with the SIAA.

The Contractor shall supply and install temporary steel fencing to secure the site against unintentional access to the site by unauthorized persons.

The Contractor shall coordinate vehicle access and parking of the Contractors’ vehicles and equipment with the SIAA.

Work Plan and Schedule:

During a pre work meeting, the Contractor will develop a work plan and schedule in conjunction with the SIAA that will specify activities and completion dates for each phase of the demolition process. Phases include but are not limited to establishing worksite security, removal and/or demolition of interior structures and appliances, removal and/or demolition of the A-frame structure and final site clean-up, grading and landscaping.


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APPENDIX A – GENERAL CONDITIONS

General Conditions:

1. This document, all referenced documents and Schedule of Prices shall be deemed to be part of any contract entered into between the successful Contractor and the SIAA.

2. The Contractor submitting a Tender acknowledges that the Occupational Health & Safety Regulation, BC Reg. 296/97, and amendments thereto, and all other applicable regulations shall be followed at all times. Failure by the Contractor to comply with the above may result in termination of any contract arising from this Call for Tender.

3. As “Prime Contractor”, the Contractor shall be responsible for safety management for all persons who are present within the boundaries of the work site including but not limited to the Contractors’ worker, the Subcontractors’ workers, the SIAA or their representative, or any other inspector or agent appointed by either of them, and other Contractors’ workers and anyone else.

4. The Contractor shall abide by all Federal, Provincial, Municipal and Regional District laws, bylaws and requirements. The Contractor is responsible for acquiring adequate workers’ compensation coverage through Worksafe BC, paying all WorkSafe BC assessments for his/her workers. The successful Proponent shall provide to the SIAA a statement that all WorkSafe BC assessments have been paid as required by the SIAA at various times throughout the term of the Contract.

5. The Contractor shall at his/her own expense, unless it is expressly stipulated to the contrary, provide, supply, observe, perform and do everything which, in the opinion of the SIAA may be required for the execution of the Contract.

6. The whole of the work and the manner of performing the same shall be to the entire satisfaction and approval of the SIAA and it shall be the sole judge of the work in respect of both quality and performance, and its decisions with regard to work or materials, or as to the meaning or intention of the Contract, or any part or parts thereof shall be binding and final upon the Contractor.

7. When, and so often as the SIAA is not satisfied with the work done, it may give notice of its dissatisfaction to the Contractor, in writing, and the Contractor shall immediately upon receipt of such notice rectify his/her omission.

8. The Contractor shall not make any alterations in or deviation or omission from the terms of the Contract without the written consent of the SIAA, nor shall the Contractor execute any extra or additional work without the consent of the SIAA.

9. The Contractor shall indemnify, protect and save harmless the SIAA from and against all actions, proceedings, damages, liens, claims and demands of every kind, description and nature whatsoever, arising out of or in any way connected with the fulfilment of the Contract, unless the same arise from the wrongful or negligent act or omission of the SIAA.

10. The Contractor shall not assign or sublet any part or parts of the works and shall not assign any interest herein or any right to payment hereunder without first having had, or obtained the consent in writing of the SIAA, respecting that consent of the SIAA may be withheld at its absolute discretion. Any intent by the Contractor to assign or sublet the


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Contract shall be disclosed to the SIAA as part of its Tender submission.

11. The Contractor shall be paid monthly progress payments for the services actually performed. Provided all required paperwork has been submitted, and all required services have been performed in accordance with the terms of the Contract to the SIAA’s satisfaction, payment will be made approximately thirty (30) days after receipt of invoice by the SIAA to the Contractor as defined in the Contract. The Contractor’s entitlement to full payment is subject to the “Payment Withheld” provisions of this Appendix A, General Conditions.

12. In the event of the Contractor at any time and from time to time failing to comply with the terms, conditions and stipulations of the Contract, the SIAA may forthwith proceed with the work and dismiss and discharge the Contractor from the further execution of the works and employ some other person or persons to complete the same, provided that the entire cost of the employment of such other person, or persons, for the completion of the works shall be charged to and paid by the Contractor and provided further that such employment of such other person or persons to complete the work shall in no way relieve the Contractor from any of his/her covenants, undertakings, duties and obligations under the Contract, nor limit the rights and remedies of the SIAA hereunder in any manner whatsoever.

13. No action nor want of action on the part of the SIAA at any time to exercise any rights or remedies conferred upon them under the Contract shall be deemed to be a waiver on the part of the SIAA of any of their rights or remedies.

14. The Contractor alone shall at all times be responsible for the safety, adequacy, efficiency and sufficiency of his/her equipment and methods for carrying out the work of the Contract.

15. Any notice, order, direction or request, or other communication given by or on behalf of the SIAA to the Contractor shall be deemed to be well and sufficiently given to the Contractor if the same be left at any office used by the Contractor, or be delivered to any officers, clerks or servants, or be mailed in any post office addressed to the Contractor at the address mentioned in the Contract, or at the Contractor's last known place of business. Any verbal order or request given by the SIAA or any verbal request by the Contractor shall be confirmed in writing as soon as may be reasonably practicable.

16. The Contractor, at his/her own expense throughout the currency of this agreement, shall carry liability insurance in good standing covering the work for the duration of the contract term with such companies as are acceptable to the SIAA to at least the amounts listed below:

Comprehensive General Liability Insurance: $5,000,000.00Vehicle Liability Insurance $5,000,000.00

17. Liability insurance shall name The Skeena Ice Arena Association as an additional named insured, and include the scope of work to be performed as set out in this agreement. The successful Contractor shall provide to the SIAA copies of the policy or policies for the above insurance as required by the SIAA.

18. All permits, licenses and fees are to be the responsibility of the successful Contractor, except where noted, and the successful Contractor shall comply with all applicable regulations of the SIAA.

19. Once work is started, it shall be performed without disruption until completed. All work is to be completed by September 07, 2015.


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20. The Contractor must comply with the WorkSafe BC Occupational Health and Safety Regulations, and assumes the responsibility of the “Prime Contractor” as outlined in Part 3, Division 3, Section 118, of the WorkSafe BC Regulation. Specifically, the Contractor will be responsible for providing “Notice of Project” (Part 20, Section 20.2), must maintain availability of MSDSs (Part 5, Section 5.16) at the job site, and ensure that the general duties of employers (Part 1, Division 3, Section 115) are upheld by all Contractors at the job site.

21. The successful Contractor shall attend a pre-construction site meeting where the Contractor shall:

a. provide the SIAA with a copy of the Notice of Project as required by WorkSafe BC for handling of hazardous materials;

b. provide the SIAA with a copy of the Prime Contractor’s written Safety Program;

c.provide the SIAA with the name of the Contractor’s Qualified Coordinator; and

d. request to be informed of any special hazards suspected, and take note of any site hazards the SIAA is aware of.

22. Contractor's Liability for Public Safety: The Contractor, at all times throughout the performance of the contract, shall take all precautions necessary to effectually prevent any accident in any place affected by his/her operations in consequence of the work being done under the contract, and shall to this end, erect and maintain suitable and sufficient barriers, signs, lights, or other necessary protection.

23. If, in the opinion of the SIAA, the precautions taken by the Contractor are not safe or adequate at any time during the life of the contract, the SIAA may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the SIAA may order the work done by “others” and charge the Contractor for the cost thereof. Such cost will be deducted from any moneys due or becoming due the Contractor. Failure of the SIAA to order such additional precautions, however, shall not relieve the Contractor from his/her full responsibility for public safety.

24. In the event of the successful Contractor at any time not complying with the provisions of these specifications to the satisfaction of the SIAA, the SIAA shall be empowered to notify the Contractor to discontinue the work called for by these specifications and the SIAA shall have the right in its sole discretion to enter into a contract with some other Contractor for such work.

25. The Contractor shall supply labour and materials and equipment necessary to complete work to the fullest extent and meanings of the specifications unless specifically stated otherwise.

26. Upon request by the Contractor for Certification of Substantial Completion of the work, the SIAA or Inspector shall inspect the work.

27. The SIAA shall, upon inspection, issue a Certificate for Substantial Completion of the work if ALL the following conditions are met:

a. the work is being used for the purpose intended or is ready for use without any deficiencies affecting the safety of those using or likely to use the work; and

b. the Contractor is not in breach of any term of the Agreement.


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28. The Certification of Substantial Completion of the work shall describe the parts of the work not completed to the satisfaction of the SIAA and all things that must be done before the SIAA will certify Total Performance of the work.

29. If because of climatic or other conditions reasonably beyond the control of the Contractor there are items of the work that cannot be performed, payment in full for work which has been performed as certified by the SIAA shall not be withheld or delayed by the SIAA on account thereof, but the SIAA may withhold until the remaining work is finished, such monies as the SIAA determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the SIAA from claims.

30. After the SIAA receives a written request for final inspection from the Contractor, if, in the opinion of the SIAA, the work has been completed and has satisfactorily passed all final tests prescribed by the plans and specifications, the SIAA shall establish the date of Total Performance of the work and certify for payment the remaining monies due to the Contractor under the Agreement.

31. If after the Contractor's request for final inspection, the work is not completely acceptable to the SIAA, then the SIAA will advise the Contractor of particular defects in the work and the Contractor shall immediately rectify the defects to the satisfaction of the SIAA.

32. The Contractor shall fully guarantee work from date of substantial completion and shall make good all defects in materials and workmanship arising in this time including disturbance and damage resulting from such defects.

33. The Contractor shall be responsible for the protection of work and make good or replace all work spoiled or damaged by any cause at no extra expense to the SIAA.

34. The Contractor shall be responsible for maintenance of discipline and general orderliness and progress of project.

35. Any cash, collectables or items of significant value discovered during demolition remain the property of the SIAA. The Contractor must notify the SIAA immediately of any such discovery or suspected discovery.

36. The Contractor shall be required to repair damage attributable to work under the Contract immediately with a minimum inconvenience and at no extra cost to the SIAA.

37. Commencement of work indicates acceptance of conditions by the Contractor. The Contractor must notify Vivienne Spooner, President, Skeena Ice Arena Association, in writing prior to commencement of work of any unsatisfactory conditions.

Laws and Bylaws:The Contractor shall comply with all federal, provincial and local laws, regulations and bylaws that in any way may affect the execution of the work.

Without limiting the generality of the foregoing, the Contractor shall give all required notices and comply with all laws, regulations, codes, notices and orders of all federal, provincial and local authorities having jurisdiction with respect to the work, the lands of the Regional District, the preservation of public health and the protection of the environment.

Payment Withheld:The SIAA may withhold or refuse payment of the whole or any part of a monthly progress payment, on written notice to the Contractor specifying the ground or grounds relied on, and to


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the extent the SIAA determines is necessary to protect the SIAA from claims, liens, losses or damages of any kind whatsoever, or to the extent the SIAA determines is necessary to ensure proper performance and completion of the work, on account of one or more of the following:

a. that the Contractor has failed to perform the work, in whole or in part, in accordance with the terms of the contract, or that there are deficiencies in the Work performed that require correction, in which case the amount of the payment that may be withheld shall be 10% of the full contract value, or correct the deficiencies, plus any applicable material and equipment costs, as determined by the SIAA;

b. that the Contractor is failing to make prompt payments as they become due to the Subcontractors or for material or labour; and

c. that there exists unsatisfied claims for damages caused by the Contractor.


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Contractor's Errors:Changes, errors or mistakes by the Contractor or his/her agents, workers or employees must be remedied by the Contractor at his or her expense.

Omissions:Anything that may be imperfectly specified in this Contract must be taken, considered and done by the Contractor as if it were specified correctly.

SIAA’s Right to Terminate:The SIAA may terminate the Contractor's right to continue with the work if the Contractor at any time becomes bankrupt, makes an assignment of his/her property for the benefit of creditors or if a receiver or liquidator is appointed with respect to the business of the Contractor, and such termination shall be effective upon notice from the SIAA to the Contractor.

Without limiting the generality of the foregoing, the SIAA may terminate the Contractor's right to continue with the work if the SIAA considers that the Contractor:

a. has failed to commence the work or to recommence the work after suspension within the time specified in the contract documents;

b. has failed or is failing to use diligence or has failed to comply with the instructions of the SIAA to expedite the work or has otherwise failed to make such progress with the work as is necessary to ensure the completion of the work or any part of the work in the time specified in the contract documents;

c. for any reason, including strike, lockout or other labour dispute, the Contractor has failed or is failing to supply enough competent workers, equipment, management, materials or suitable equipment or place of business to ensure the completion of the work in the time specified in the contract documents;

d. the Contractor has become in any way unable to carry on the work or any part of the work; and

e. the Contractor has committed any other breach of this agreement.

The SIAA may terminate the Contractor's right to continue the work at any time by reason of any fraud or dishonesty of any officer, employee, agent, servant or shareholder of the Contractor in the performance of this agreement.

In any early termination of this agreement:

a. the SIAA shall pay to the Contractor the money owing to him under this agreement to the date of termination less any amounts which the SIAA is entitled to hold back pursuant to any enactment or pursuant to this agreement;

b. the SIAA may take all work out of the Contractor's hands and employ such means as it may see fit to complete the work and in such case:


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(i) the Contractor shall have no claim for any further payment in respect of work performed but shall be liable for all damages and expenses which may be suffered by the SIAA by reason of such default or delay or the non-completion of the work by the Contractor;

(ii) no objection or claim shall be made or raised by the Contractor by reason of or on account of the ultimate cost of the work so taken over for any reason proving greater than, in the opinion of the Contractor, or any other person, it should have been;

(iii) all materials and all rights, proprietary or otherwise, leases, licences, powers and privileges, whether relating to or affecting real or personal property, acquired, possessed or provided by the Contractor for the purposes of the work under the provisions of the Contract shall become or remain and be the property of the SIAA as fully and to all intents and purposes connected with the work as they might have been used, exercised and enjoyed by the Contractor, and the Contractor shall cause to be executed any assignments, assurances or documents as may be needed to carry out the intent of this section.

If the SIAA has the right to terminate, the SIAA may in its absolute discretion by itself complete or employ such third parties as it sees fit for the purpose of completing the works or any part thereof, then the SIAA shall not be liable for any loss the Contractor may sustain as a result thereof.

Contractors Right to Terminate:

DelayIf the work should be stopped or otherwise delayed for a period of ninety (90) days or more under an order of any court or other public authority, and providing that such order was not issued as the result of any act or fault of the Contractor or of anyone directly or indirectly employed by it or should the SIAA fail to pay the Contractor any moneys due to the Contractor within sixty (60) days of the same becoming due, the Contractor may terminate this agreement.

Termination PaymentIf the Contractor terminates the agreement, pursuant to the article immediately above (Delay), the Contractor shall be entitled to be paid for all work performed up to the date of such termination.

Changes In Work:

Request for ChangesThe SIAA shall have the right to require the Contractor to undertake changes in the work by increasing or decreasing any aspect of the work. In the event that the SIAA requires changes in the work the SIAA shall:

a. give to the Contractor in writing 5 days’ notice of the requirement for change, which notice shall specify the changes in the work, the effective date of such changes and the expense or credit to the contract;


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Contractor's Duties:The Contractor shall:

a. implement changes to the work requested by the SIAA by no later than the effective date of such changes; and

b. not claim any amount as an extra or additional payment on account of any changes in the work unless it has first submitted a written request for payment and received the SIAA’s written consent to such payment.


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Date post:	19-May-2018
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