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City of Penticton Engineering Department 616 Okanagan Avenue East Penticton, BC, V2A 3K6 Tender For KVR Trail Retaining Wall Replacement 2017-Tender-09 Date Issued: June 9, 2017 Master Municipal Construction Documents 2009 Edition Unit Price Contract
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Page 1: KVR Trail Retaining Wall Replacement - Pentictonand~RFPs/2017/Tenders… · City of Penticton Engineering Department 616 Okanagan Avenue East Penticton, BC, V2A 3K6 Tender For KVR

City of Penticton Engineering Department

616 Okanagan Avenue East Penticton, BC, V2A 3K6

Tender For

KVR Trail Retaining Wall Replacement

2017-Tender-09

Date Issued: June 9, 2017

Master Municipal Construction Documents 2009 Edition

Unit Price Contract

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UNIT PRICE CONTRACT

INVITATION TO TENDERERS

INVITATION TO TENDERERS PAGE 1 OF 1

2009

Owner: The Corporation of The City of Penticton

Contract: KVR Trail Retaining Wall Replacement

Reference No.: 2017 – TENDER – 09

The Owner invites tenders for: Supply and installation of approximately :

• 433 Redi-Rock Blocks (Various Sizes) • 110 m of Handrail • 120 m of Deer Fencing • 280 m2 of Base Gravels • 300 m2 Hydraulic Seeding

Contract Documents are available at: Electronic Copies of the documents are available free of charge for download from the City of Penticton’s website at: http://www.penticton.ca/EN/main/business/tenders-rfps.html

Tenderers can register with the City by contacting the yards at 250-490-2500 or by email at [email protected] Only Tenderers that have registered with the City will be notified of any addenda by email. It is the Tenderers sole responsibility to check for and obtain any addenda issued prior to the close of the tender period.

Tenders are scheduled to close: Tender Closing Time: 3:00:00 pm local time

Tender Opening Time: 3:01:00 pm local time

Tender Closing Date: June 22, 2017

Address: Corporate Officer, City Hall

171 Main Street

Penticton, BC

V2A 5A9

Fax: 250-490-2402

Name of Owners Representative: Cathy Ingram, Procurement and Inventory Services Manager Email: [email protected] 250-490-2555

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UNIT PRICE CONTRACT

TABLE OF CONTENTS

TABLE OF CONTENTS PAGE 1 OF 1

2009

MASTER MUNICIPAL CONSTRUCTION DOCUMENTS

CONTENTS

KVR Trail Retaining Wall Replacement

The complete Master Municipal Construction Documents (2009 Edition) consist of the following parts: 1. Standard Documents that Require Additional Information (available in the “MMCD – Tender Document Production

Manual” or on disk) Page

• Invitation to Tender • Instructions to Tender, Part I ............................................................................................................... 1-5 • Form of Tender ......................................................................................................................................... 1-3 • Appendix 1 – Schedule of Quantities and Prices .......................................................................... 1-4 • Appendix 2 – Preliminary Construction Schedule & Scope of Works .................................... 1-2 • Appendix 3 – Experience of Superintendent ................................................................................. 1-1 • Appendix 4 – Comparable Work Experience ................................................................................. 1-1 • Appendix 5 – Subcontractors .............................................................................................................. 1-1 • Form of Agreement ................................................................................................................................ 1-6 Schedule 1 – Schedule of Contract Documents Schedule 2 – List of Drawings • Supplementary General Conditions ................................................................................................. 1-20 • Project Specific General Conditions .................................................................................................. 1-20 • Supplementary Specifications ............................................................................................................ 1-20 • Project Specific Supplementary Specifications ............................................................................. 1-20 • Appendices

Appendix A Approved List of Materials Appendix B City of Penticton Safety Program Confirmation of Workplace Safety Responsibilities Appendix C Traffic Management Plan 2. Standard Documents that are fully complete (available in “MMCD – General Conditions, Specifications and Standard

Detail Drawings”)

• Instructions to Tender, Part II • General Conditions • Specifications • Standard Detail Drawings

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

TABLE OF CONTENTS IT – PART I 1 OF 2

2009

1.0 Introduction .................................................................................................................................... IT - 1

2.0 Tender Documents ......................................................................................................................... IT - 1

3.0 Submission of Tenders .................................................................................................................. IT - 2

4.0 Additional Instructions to Tenderers ............................................................................................ IT - 3

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

TABLE OF CONTENTS IT – PART I 2 OF 2

2009

THIS PAGE INTENTIONALLY LEFT BLANK

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

IT – PART I IT - 1 2009

(FOR USE WHEN UNIT PRICES FORM THE BASIS OF PAYMENT TO BE USED ONLY WITH THE GENERAL

CONDITIONS AND OTHER STANDARD DOCUMENTS OF THE UNIT PRICE MASTER MUNICIPAL CONSTRUCTION DOCUMENTS.)

(TO BE READ WITH “INSTRUCTIONS TO TENDERERS - PART II” CONTAINED IN THE EDITION OF THE PUBLICATION

“MASTER MUNICIPAL CONSTRUCTION DOCUMENTS” SPECIFIED IN ARTICLE 2.2 BELOW)

Owner: The Corporation of the City of Penticton

Contract: KVR Trail Retaining Wall Replacement

Reference No.: 2017 – Tender – 09

1.0 Introduction 1.1 These Instructions apply to and govern the preparation of tenders for this Contract. The Contract is generally for the following work:

As detailed in the project drawing set:

Onsite Works(Approximate):

• 433 Redi-Rock Blocks (Various Sizes) • 110 m of Handrail • 240 m of Deer Fencing • 280 m2 of Base Gravels • 300 m2 Hydraulic Seeding

1.2 Any inquiries regarding the Contract must be submitted in writing via e-mail to:

Email: [email protected]

2.0 Tender Documents 2.1 The tender documents which a tenderer should review to prepare a tender consist of all of the Contract Documents listed in Schedule 1 entitled “Schedule of Contract Documents”. Schedule 1 is attached to the Agreement which is included as part of the tender package. The Contract Documents include the drawings listed in Schedule 2 to the Agreement, entitled “List of Contract Drawings”.

2.2 A portion of the Contract Documents are included by reference. Copies of these documents have not been included with the tender package. These documents are the Instructions to Tenderers - Part II, General Conditions, Specifications and Standard Detail Drawings. They are those contained in the publication entitled “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings”. Refer to Schedule 1 to the Agreement or, if not specified in Schedule 1, then the applicable edition shall be the most recent edition as of the date of the Tender Closing Date. All sections of this publication are by reference included in the Contract Documents.

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

IT – PART I IT - 2 2009

2.3 Any additional information made available to tenderers prior to the

Tender Closing Time by the Owner or representative of the Owner, such as geotechnical reports or as-built plans, which is not expressly included in Schedule 1 or Schedule 2 to the Agreement, is not included in the Contract Documents. Such additional information is made available only for the assistance of tenderers who must make their own judgment about its reliability, accuracy, completeness and relevance to the Contract, and neither the Owner nor any representative of the Owner gives any guarantee or representation that the additional information is reliable, accurate, complete or relevant.

3.0 Submission of Tenders

3.1 Tenders must be submitted in a sealed envelope, marked on the outside with the above Contract Title and Reference Number and must be received by the office of:

The Corporate Officer

on or before:

Tender Closing Time: 3 : 00:00 , pm local time Tender Closing Date: June 22 , 2017

at

Address: The City of Penticton Corporate Officer 171 Main Street Penticton, BC, V2A 5A9 Fax: 250-490-2402

3.2 Late tenders will not be accepted or considered, and will be returned unopened.

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

IT – PART I IT - 3 2009

4.0 Supplemental

Instructions to Tenderers-

4.1 The Tenderer is responsible to carry out sufficient field investigation to satisfy themselves as to the site conditions. A pre-submission meeting will be held June 19, 2017 at 9:30am. The meeting will be at 616 Okanagan Avenue East in the Yards Board Room.

4.2 Project Management Meetings

4.2.1 Weekly project management meetings will be at the City Yards boardroom at 616 Okanagan Avenue East, Tuesdays at 9:00am.

4.2.2 The Contractor and City Departments shall submit a weekly schedule including an updated “Traffic Management Plan”, survey layout requests, and associated works required for notices to adjacent owners or local media outlets for approval by the City’s Contract Administrator.

4.2.3 To ensure no delays or work stoppages, the Contractor shall define detailed inspection and testing or quality control requirements for the following week’s work.

4.3 Works are permitted Monday through Sunday between the hours of 7:00am and 10:00pm unless otherwise noted for required night work or if approval is granted by the Contract Administrator.

4.4 Coordination by the contractor of associated works by City forces will be considered incidental to the contract:

4.4.1 Public Works Department is responsible for

4.4.1.1 Operation of existing domestic water valves and appurtenances

4.4.1.2 Supply and installation of new traffic signs

4.4.1.3 Concrete curb and gutter repairs that are not noted on the Contract Drawings prior to any paving.

4.4.2 The City Electrical Utility (250-490-2535) shall be contacted for any pre-locations of existing system infrastructure including signal detector loops and/or clarification on any electrical works related to this project.

4.4.3 City Parks Department (250-490-2455) shall be contacted with respect to tree preservation on all streets. The Contractor is to provide 1 week of notice for any pruning that is required for equipment clearances. Any tree removal requires written approval of the City Parks Department.

4.5 Gold Seal Certification

All City of Penticton construction contracts shall require the successful tenderer to provide a site superintendent who is CCA Gold Seal certified as Superintendent or Intern. The successful Contractor must supply proof of this by submitting the Gold Seal Certification or Internship prior to award of the contract.

For more information on Gold Seal Certification, go to the

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UNIT PRICE CONTRACT

INSTRUCTIONS TO TENDERERS PART I

IT – PART I IT - 4 2009

website http://www.sica.bc.ca/education.gold.shtml or contact the Southern Interior Construction Associations (SICA) Kelowna office at 250-491-7330.

4.6 Traffic Management Plan

4.6.1 The Contractor shall submit a detailed Traffic Management Plan that meets the requirements defined in Appendix C, prior to the issuance of the Notice to Proceed. The Notice to Proceed will not be issued until the submitted Traffic Management Plan has been approved by the Contract Administrator.

4.6.2 The Contractor will be required to update the Traffic Management Plan on a weekly basis and inform the Contract Administrator and the public of any changes that are mad to it

4.6.3 The Contractor is required to acquire all permits for the full or partial closure of any City road, lane, and sidewalk through the Contract Administrator such that 48 hours notice can be provided to the public per Appendix C.

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UNIT PRICE CONTRACT

FORM OF TENDER

FORM OF TENDER PAGE 1 OF 3

2009

FOR USE WHEN UNIT PRICES FORM THE BASIS OF PAYMENT - TO BE USED ONLY WITH THE GENERAL CONDITIONS AND OTHER STANDARD DOCUMENTS OF THE UNIT PRICE MASTER MUNICIPAL CONSTRUCTION DOCUMENTS.

Owner:

The Corporation of the City of Penticton

Contract:

KVR Trail Retaining Wall Replacement

Reference No:

2017 – Tender – 09

To Owner:

WE, THE UNDERSIGNED: 1.1 have received and carefully reviewed all of the Contract Documents, including the Instructions to Tenderers, the specified edition of the “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings” and the following Addenda:

; ( ADDENDA, IF ANY )

1.2 have full knowledge of the Place of the Work, and the Work required; and

1.3 have complied with the Instructions to Tenderers; and

ACCORDINGLY WE HEREBY OFFER

2.1 to perform and complete all of the Work and to provide all the labour, equipment and material all as set out in the Contract Documents, in strict compliance with the Contract Documents; and

2.2 to achieve Substantial Performance of the Work on or before August 5th, 2017; and

2.3 to do the Work for the price, which is the sum of the products of the actual quantities incorporated into the Work and the appropriate unit prices set out in Appendix 1, the “Schedule of Quantities and Prices”, plus any lump sums or specific prices and adjustment amounts as provided by the Contract Documents. For the purposes of tender comparison, our offer is to complete the Work for the “Tender Price” as set out on Appendix 1 of this Form of Tender. Our Tender Price is based on the estimated quantities listed in the Schedule of Quantities and Prices, and excludes GST.

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UNIT PRICE CONTRACT

FORM OF TENDER

FORM OF TENDER PAGE 2 OF 3

2009

WE CONFIRM: 3.1 that we understand and agree that the quantities as listed in the Schedule of Quantities and Prices are estimated, and that the actual quantities will vary.

WE CONFIRM: 4.1 that the following appendices are attached to and form a part of this tender:

4.1.1 the appendices as required by paragraph 5.3 of the Instructions to Tenderers – Part II; and

4.1.2 the Bid Security as required by paragraph 5.2 of the Instructions to Tenderers – Part II.

WE AGREE: 5.1 that this tender will be irrevocable and open for acceptance by the Owner for a period of _30_ calendar days from the day following the Tender Closing Date and Time, even if the tender of another tenderer is accepted by the Owner. If within this period the Owner delivers a written notice (“Notice of Award”) by which the Owner accepts our tender we will:

5.1.1 within 15 Days of receipt of the written Notice of Award deliver to the Owner:

.1 a Performance Bond and a Labour and Material Payment Bond, each in the amount of 50% of the Contract Price, covering the performance of the Work including the Contractor’s obligations during the Maintenance Period, issued by a surety licensed to carry on the business of suretyship in the province of British Columbia, and in a form acceptable to the Owner;

.2 a Baseline Construction Schedule, as provided by GC 4.6.1;

.3 a “clearance letter” indicating that the tenderer is in WorkSafe BC compliance; and

.4 a copy of the insurance policies as specified in GC 24 indicating that all such insurance coverage is in place and;

5.1.2 within 2 Days of receipt of written “Notice to Proceed”, or such longer time as may be otherwise specified in the Notice to Proceed, commence the Work; and

5.1.3 sign the Contract Documents as required by GC 2.1.2.

WE AGREE: 6.1 that, if we receive written Notice of Award of this Contract and, contrary to paragraph 5 of this Form of Tender, we:

6.1.1 fail or refuse to deliver the documents as specified by paragraph 5.1.1 of this Form of Tender; or

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UNIT PRICE CONTRACT

FORM OF TENDER

FORM OF TENDER PAGE 3 OF 3

2009

6.1.2 fail or refuse to commence the Work as required by the Notice to Proceed,

then such failure or refusal will be deemed to be a refusal by us to enter into the Contract and the Owner may, on written notice to us, award the Contract to another party. We further agree that, as full compensation on account of damages suffered by the Owner because of such failure or refusal, the Bid Security shall be forfeited to the Owner, in an amount equal to the lesser of:

6.1.3 the face value of the Bid Security; and

6.1.4 the amount by which our Tender Price is less than the amount for which the Owner contracts with another party to perform the Work.

OUR ADDRESS IS AS FOLLOWS:

Phone:

Fax:

Email:

Attention:

This Tender is executed this _______ day of ______________________, 20 ______.

Contractor: (FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL)

(AUTHORIZED SIGNATORY)

(AUTHORIZED SIGNATORY)

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Appendix 1Schedule of Quantities and PricesMMCD Standard Specifications

2017-Tender-09KVR Trail Retaining Wall Replacement

Page 1 of 1

Section Para Specification Title Unit Quantity Unit Price Amount 01 53 01 Temporary Facilities

1.9.2S Temporary Facilities (Interlocking fencing) Lump Sum 1

01 55 00 Traffic Control, Vehicle Access and Parking

1.5.1S Traffic Control, Vehicle Access and ParkingLump Sum

1

1.5.2STraffic Management PlanShall not exceed 5% of value of Traffic Control, Vehicle Access and Parking

Lump Sum

1

03 40 01 Precast Concrete

1.4.3SPre-Cast Concrete Block Retaining Wall Redi-Rock 710mm Ledgestone Face Blocks Including Concrete Swale & Rubber Membrane Cap as detailed on S100

Each 113

1.4.3SPre-Cast Concrete Block Retaining Wall Redi-Rock 1030mm Ledgestone Face Blocks Including Concrete Swale & Rubber Membrane Cap as detailed on S100

Each 217

1.4.3SPre-Cast Concrete Block Retaining Wall Redi-Rock 1520 Ledgestone Face Blocks Including Concrete Swale & Rubber Membrane Cap as detailed on S100

Each 103

31 11 01 Clearing and Grubbing

1.4.1 Clearing and GrubbingSquare Metre

416

31 24 13 Roadway Excavation, Embankment and Compaction

1.8.4.4SSalvage Existing Concrete Block Wall Transport to City Yards

Lump Sum

1

1.8.4.5S Common Excavation - Off-Site DisposalCubic Metre

200

1.8.4.6S Remove and dispose concrete footing - Off-Site DisposalLump Sum

1

1.8.4.7SReuse Native Material As directed by the Contract Administator

Cubic Metre

390

1.8.9 Subgrade PreparationSquare Metre

280

32 11 23 Granular Base

1.4.219mm Granular Base150mm Thickness for Roads or Sidewalks

Square Metres

280

1.4.29.5mm Granular Base - Pathway Surfacing100mm Thickness

Square Metres

420

32 31 13 Chain Link Fences and Gates

1.5.1 2 m (6ft) High Deer Fencing C/W wooden postsLineal Metre

120

1.5.4Handrail on top of Retaining WallAs Per Detail C14

Lineal Metre

110

32 91 21 Topsoil and Finish Grading

1.4.1Imported Topsoil50mm thick

Square Metres

300

32 92 19 Hydraulic Seeding

1.8.2Hydraulic SeedingNative Grass Mix

Square Metres

300

35,000.00$

See paragraph 5.3.1 of the Instructions to Tenderers – Part II All prices and Quotations including the Contract Price shall include all Taxes , but shall not include GST . GST shall be shown separately.

Total Tender Price plus GST

Tender ContingencyTotal Tender Price

GST @5%

Tender Price

Tenderer's Initials_________

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UNIT PRICE CONTRACT APPENDIX 2 – PRELIMINARY CONSTRUCTION SCHEDULE

APPENDIX 2 PAGE 1 OF 3

2009

Tenderer’s Initials:_______

KVR Trail Retaining Wall Replacement

See paragraph 5.3.2 of the Instructions to Tenderers – Part II.

Indicate Schedule with bar chart with major item descriptions and time.

Substantial Performance: August 5th, 2017

July August

KVR Trail Retaining Wall 3 10 17 24 31 7 14

Removals Block Wall Installation Pathway Restoration Fencing Installation Hydraulic Seeding

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UNIT PRICE CONTRACT

APPENDIX 3 – EXPERIENCE OF SUPERINTENDENT

APPENDIX 3 PAGE 1 OF 1

2009

Tenderer’s Initials:______

KVR Trail Retaining Wall Replacement

See paragraph 5.3.3 of the Instructions to Tenderers – Part II.

Name:

Experience:

Dates:

Project Name:

Responsibility:

References:

Dates:

Project Name:

Responsibility:

References:

Dates:

Project Name:

Responsibility:

References:

Dates:

Project Name:

Responsibility:

References:

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UNIT PRICE CONTRACT

APPENDIX 4 – COMPARABLE WORK EXPERIENCE

APPENDIX 4PAGE 1 OF 1

2009

Tenderer’s Initials:______

KVR Trail Retaining Wall Replacement

See paragraph 5.3.4 of the Instructions to Tenderers – Part II.

PROJECT

OWNER / CONTACT NAME

PHONE and FAX

WORK DESCRIPTION

AND VALUE

Owner

Contract

Phone ( )

e-mail

Work Description

Value

Owner

Contract

Phone ( )

e-mail

Work Description

Value

Owner

Contract

Phone ( )

e-mail

Work Description

Value

Owner

Contract

Phone ( )

e-mail

Work Description

Value

Owner

Contract

Phone ( )

e-mail

Work Description

Value

Owner

Contract

Phone ( )

e-mail

Work Description

Value

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UNIT PRICE CONTRACT

APPENDIX 5 - SUBCONTRACTORS

APPENDIX 5 PAGE 1 OF 1

2009

Tenderer’s Initials_______

KVR Trail Retaining Wall Replacement

See paragraph 5.3.5 of the Instructions to Tenderers – Part II.

TENDER ITEM TRADE SUBCONTRACTOR NAME PHONE NUMBER

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 1 OF 6

2009

( FOR USE WHEN UNIT PRICES FORM THE BASIS OF PAYMENT TO BE USED ONLY WITH THE GENERAL CONDITIONS AND

OTHER STANDARD DOCUMENTS OF THE UNIT PRICE MASTER MUNICIPAL CONSTRUCTION DOCUMENTS.)

BETWEEN OWNER AND CONTRACTOR

This agreement made in duplicate this

____ day of ______, 2017.

Contract: KVR Trail Retaining Wall Replacement

BETWEEN:

The The Corporation of the City of Penticton

(the “Owner”)

AND:

( NAME AND OFFICE ADDRESS OF CONTRACTOR )

(the “Contractor”)

The Owner and the Contractor agree as follows:

Article 1 The Work Start / Completion Dates

1.1 The Contractor will perform all Work and provide all labour, equipment and material and do all things strictly as required by the Contract Documents.

1.2 The Contractor will commence the Work in accordance with the Notice to Proceed. The Contractor will proceed with the Work diligently, will perform the Work generally in accordance with the construction schedules as required by the Contract Documents and will achieve Substantial Performance of the Work on or before August 5th, 2017 subject to the provisions of the Contract Documents for adjustments to the Contract Time.

1.3 Time shall be of the essence of the Contract.

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 2 OF 6

2009

Article 2 Contract Documents

2.1 The “Contract Documents” consist of the documents listed or referred to in Schedule 1, entitled “Schedule of Contract Documents”, which is attached and forms a part of this Agreement, and includes any and all additional and amending documents issued in accordance with the provisions of the Contract Documents. All of the Contract Documents shall constitute the entire Contract between the Owner and the Contractor.

2.2 The Contract supersedes all prior negotiations, representations or agreements, whether written or oral, and the Contract may be amended only in strict accordance with the provisions of the Contract Documents.

Article 3 Contract Price 3.1 The price for the Work (“Contract Price”) shall be the sum in Canadian dollars of the following

1.1.1 the product of the actual quantities of the items of Work listed in the Schedule of Quantities and Prices which are incorporated into or made necessary by the Work and the unit prices listed in the Schedule of Quantities and Prices; plus

1.1.2 all lump sums, if any, as listed in the Schedule of Quantities and Prices, for items relating to or incorporated into the Work; plus

1.1.3 any adjustments, including any payments owing on account of Changes and agreed to Extra Work, approved in accordance with the provisions of the Contract Documents.

3.2 The Contract Price shall be the entire compensation owing to the Contractor for the Work and this compensation shall cover and include all profit and all costs of supervision, labour, material, equipment, overhead, financing, and all other costs and expenses whatsoever incurred in performing the Work.

Article 4 Payment 4.1 Subject to applicable legislation and the provisions of the Contract Documents, the Owner shall make payments to the Contractor.

4.2 If the Owner fails to make payments to the Contractor as they become due in accordance with the terms of the Contract Documents then interest calculated at 2% per annum over the prime commercial lending rate of the Royal Bank of Canada on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly.

Article 5 Rights and Remedies

5.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

5.2 Except as specifically set out in the Contract Documents, no action or

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 3 OF 6

2009

failure to act by the Owner, Contract Administrator or Contractor shall constitute a waiver of any of the parties’ rights or duties afforded under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach under the Contract.

Article 6 Notices 6.1 Communications among the Owner, the Contract Administrator and the Contractor, including all written notices required by the Contract Documents, may be delivered by hand, or by fax, or by pre-paid registered mail to the addresses as set out below:

The Owner:

The Corporation of the City of Penticton

616 Okanagan Avenue East

Penticton, BC V2A 3K6

Phone: 250.490.2522 Fax: 250.490.2557

Attention: Tyler Figgitt, A.Sc.T., Design Supervisor

The Contractor:

Phone: Fax:

Attention:

The Contract Administrator:

Phone: Fax:

Attention:

6.2 A communication or notice that is addressed as above shall be considered to have been received

1.1.4 immediately upon delivery, if delivered by hand; or

1.1.5 immediately upon transmission if sent by fax and received in hard copy; or

1.1.6 after 5 Days from date of posting if sent by registered mail.

6.3 The Owner or the Contractor may, at any time, change its address for

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 4 OF 6

2009

notice by giving written notice to the other at the address then applicable. Similarly if the Contract Administrator changes its address for notice then the Owner will give or cause to be given written notice to the Contractor.

6.4 The sender of a notice by fax assumes all risk that the fax is received in hard copy.

Article 7 General 7.1 This Contract shall be construed according to the laws of British Columbia.

7.2 The Contractor shall not, without the express written consent of the Owner, assign this Contract, or any portion of this Contract.

7.3 The headings included in the Contract Documents are for convenience only and do not form part of this Contract and will not be used to interpret, define or limit the scope or intent of this Contract or any of the provisions of the Contract Documents.

7.4 A word in the Contract Documents in the singular includes the plural and, in each case, vice versa.

7.5 This agreement shall ensure to the benefit of and be binding upon the parties and their successors, executors, administrators and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day

and year first written above.

Contractor:

(FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL)

(AUTHORIZED SIGNATORY)

(AUTHORIZED SIGNATORY)

Owner:

The Corporation of the City of Penticton

(FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL)

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 5 OF 6

2009

(INCLUDE IN LIST ALL DOCUMENTS INCLUDING, IF ANY, SUPPLEMENTARY GENERAL CONDITIONS, SUPPLEMENTARY SPECIFICATIONS,SUPPLEMENTARY STANDARD DETAIL DRAWINGS.)

Schedule 1 Schedule of Contract Documents

The following is an exact and complete list of the Contract Documents, as referred to in Article 2.1 of the Agreement.

NOTE: The documents noted with “*” are contained in the “Master Municipal Construction Documents - General Conditions, Specifications and Standard Detail Drawings”, edition dated 2009. All sections of this publication are included in the Contract Documents.

8.1 Agreement, including all Schedules;

8.2 Supplementary General Conditions;

8.3 General Conditions*;

8.4 Supplementary Specifications;

8.5 Specifications*;

8.6 Supplementary Standard Detail Drawings;

8.7 Standard Detail Drawings*;

8.8 Executed Form of Tender, including all Appendices;

8.9 Contract Documents listed in Schedule 2 to the Agreement –”List of Contract Documents”;

8.10 Instructions To Tenderers - Part I;

8.11 Instructions to Tenderers - Part II*;

8.12 The following Addenda:

( ADDENDA, IF ANY )

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UNIT PRICE CONTRACT FORM OF AGREEMENT

FORM OF AGREEMENT PAGE 6 OF 6

2009

(COMPLETE LISTING OF ALL DRAWINGS, PLANS AND SKETCHES WHICH ARE TO FORM A PART OF THE CONTRACT,

OTHER THAN STANDARD DETAIL DRAWINGS AND SUPPLEMENTARY STANDARD DETAIL DRAWINGS.)

Schedule 2 List of Contract Documents

TITLE SHEET NO.

REVISION NO.

REVISION DATE

Retaining Wall Plan C100 2 June 2/2017

Retaining Wall Profile C101 2 June 2/2017

Retaining Wall Sections #1 C102 2 June 2/2017

Retaining Wall Sections #2 C103 2 June 2/2017

Retaining Wall Sections #3 C104 2 June 2/2017

Redi-Rock Retaining Wall Details S100 2 June 2/2017

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 1 2009

Supplementary Specification: Concordance Update

Affected Document(s) Volume II Change Type: Omission

Section: Concordance and Index Reference:

Change Summary

Currently <missing>

Should Be Gold Edition Specification 02100 is now in the User Guide at Section 2 – 4.2.4.4

Supplementary Specification: IT 17.1S - 2011-011 (2011-08-04)

Affected Document(s) Volume II Change Type: Correction

Section: IT 17.1 Reference: Instructions to Tenderers - Part II

Change Summary Correction in reference to Optional Work definition

Currently 17.0 Optional Work

17.1 If the Schedule of Quantities and Prices includes any tender prices for Optional Work, as defined in GC 1.41, then tenderers must complete all the unit prices for such Optional Work. Such tender prices shall not include any general overhead costs, or other costs, or profit, not directly related to the Optional Work. Tenderers are directed to GC 9.4.2.

Should Be 17.0 Optional Work

17.1 If the Schedule of Quantities and Prices includes any tender prices for Optional Work, as defined in GC 1.48, then tenderers must complete all the unit prices for such Optional Work. Such tender prices shall not include any general overhead costs, or other costs, or profit, not directly related to the Optional Work. Tenderers are directed to GC 9.4.2.

Supplementary Specification: IT 4S - 2011-012 (2011-08-04)

Affected Document(s) Volume II Change Type: Correction

Section: IT 4 Reference: Instructions to Tenderers - Part I

Change Summary Change of section title

Currently 4.0 Additional Instructions to Tenderers

Should Be 4.0 Supplemental Instructions to Tenderers

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 2 2009

Supplementary Specification: General Conditions – 1.21 – 2014-01 (2014-02-28)

Affected Document(s) Volume II Change Type: Revision

Section: General Conditions Reference: 1.21.1

Change Summary Revision

Currently “Contract Administrator” means the person, firm or corporation appointed by the Owner in writing to the Contractor. The Contract Administrator may be the Owner’s Engineer, other employee or officer, or may be an outside consultant.

Should Be “Contract Administrator” means the person appointed by the Owner and identified by the Owner in writing to the Contractor. The Contract Administrator may be an officer of the Owner, a direct employee of the Owner, an officer or employee of the consultant who designed the Work for the Owner, or an independent consultant.

Supplementary Specification: GC 1.30S - 2011-010 (2011-08-04)

Affected Document(s) Volume II Affected Document(s)

Volume II

Section: GC 1.30 Section: GC 1.30

Change Summary Removal of 1.30.1 reference to definition of Deleted Items. GC 9.4.6 does not contain a meaning for Deleted Items.

Currently 1.30.1 “Deleted Items” has the meaning set out in GC 9.4.6.

Should Be (section reference to Deleted Items removed)

Supplementary Specification: GC 2.2.4(i)S - 2010-001 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 2.2.4(i) Reference: General Conditions

Change Summary Spelling correction.

Currently (i) Sandard Detail Drawings

Should Be (i) Standard Detail Drawings

Supplementary Specification: GC 3.3.5S

Affected Document(s) Volume II Change Type: Correction

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 3 2009

Section: GC 3.3.5 Reference: General Conditions

Change Summary Revision

Currently Unless otherwise specified in the Contract Documents, the Contract Administrator shall set out or cause to be set out survey monuments or control points at the Place of the Work, sufficient to enable the Contractor to determine the required lines and grades, and to set out the Work. The Contractor shall protect and preserve such monuments and control points for so long as they are required for the Work and if any of them must be replaced because they are disturbed or destroyed by the Contractor, then the Contractor shall pay the costs of such replacement.

Should Be Unless otherwise specified in the Contract Documents, the Contract Administrator shall set out or cause to be set out survey monuments, control points, and layout points at the Place of the Work, sufficient to enable the Contractor to determine the required lines and grades, and to set out the Work. The Contractor shall protect and preserve such monuments, control points, and layout points for so long as they are required for the Work and if any of them must be replaced because they are disturbed or destroyed by the Contractor, then the Contractor shall pay the costs of such replacement.

Supplementary Specification: GC 3.4.5S – 2009-010 (2009-11-19)

Affected Document(s) Volume II Change Type: Correction

Section: GC 3.4.5 Reference: General Conditions

Change Summary Incorrect reference - should be 14.12.6 instead of 14.12.3

Currently 3.4.5 If at any time and for any reason the Contract Administrator determines that inspection or testing of the Work, or portion of the Work, is required that was not called for in the Contract Documents, then the Contract Administrator may direct the Contractor to perform, or have performed, that inspection or testing, as provided in GC 4.12.3.

Should Be 3.4.5S If at any time and for any reason the Contract Administrator determines that inspection or testing of the Work, or portion of the Work, is required that was not called for in the Contract Documents, then the Contract Administrator may direct the Contractor to perform, or have performed, that inspection or testing, as provided in GC 4.12.6.

Supplementary Specification: GC 4.6.2S - 2010-002 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 4.6.2 Reference: General Conditions

Change Summary Grammar correction.

Currently The Contractor shall update the Baseline Construction Schedule monthly to produce an

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 4 2009

adjusted Baseline Schedule (the “Adjusted Baseline Schedule”) that reflects any adjustments to the Milestone Dates or the Contract Time as provided by the Contract Documents, including without limitation if the Contract Administrator issues a Change Order or other Contract Document(s) which adjusts any Milestone Date(s). Each Adjusted Baseline Schedule will replace the previous Baseline Construction Schedule.

Should Be The Contractor shall update the Baseline Construction Schedule monthly to produce an adjusted Baseline Schedule (the “Adjusted Baseline Schedule”) that reflects any adjustments to the Milestone Dates or the Contract Time as provided by the Contract Documents, including without limitation if the Contract Administrator issues a Change Order or other Contract Document(s) which adjusts any Milestone Date(s). Each Adjusted Baseline Schedule will replace the previous Baseline Construction Schedule.

Supplementary Specification: GC 4.6.6S - 2010-004 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 4.6.6 Reference: General Conditions

Change Summary The use of 14 days is inconsistent with the Specification’s use of Days. The duration change (from 14 to 10) was made due to the specific reference to business days. Change from 14 days to 10 Days

Currently The time for the performance of the Work shall commence on the date specified in the Notice to Proceed, or if not so specified, on the date the Notice to Proceed is issued. Subject to a contrary provision in the Contract Documents, the Owner shall issue the Notice to Proceed within 14 days of receipt of the documentation required from the Contractor under paragraph 5.1.1 of the Form of Tender. Failure by the Owner to issue the Notice to Proceed within the 14 days shall entitle the Contractor to a claim for delay under GC 13.1.1.

Should Be The time for the performance of the Work shall commence on the date specified in the Notice to Proceed, or if not so specified, on the date the Notice to Proceed is issued. Subject to a contrary provision in the Contract Documents, the Owner shall issue the Notice to Proceed within 10 Days of receipt of the documentation required from the Contractor under paragraph 5.1.1 of the Form of Tender. Failure by the Owner to issue the Notice to Proceed within the 10 Days shall entitle the Contractor to a claim for delay under GC 13.1.1.

Supplementary Specification: GC 4.11.2 – 2014-06 (2014-02-28)

Affected Document(s) Volume II Change Type: Revision

Section: GC 4.11.2 Reference: General Conditions

Change Summary Revision

Currently The Contractor shall employ only the Subcontractors listed in Appendix 5 of the Form of Tender, or others as approved in writing by the Contract Administrator, and shall not change or employ additional Subcontractors without the approval of the Contract

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 5 2009

Administrator, which approval shall not be unreasonably withheld.

Should Be The Contractor shall employ only the Subcontractors listed in Appendix 5 of the Form of Tender, or others as approved in writing by the Owner, and shall not change or employ additional Subcontractors without the approval of the Owner, which approval shall not be unreasonably withheld.

Supplementary Specification: GC 4.12.14S

Affected Document(s) Volume II Change Type: Addition

Section: GC 4.12.11S Reference: General Conditions

Change Summary Testing procedure of underground works

Currently

Should Be Sanitary Sewers, storm sewers, and water mains must be test in accordance of the Contract Documents and accepted by the Contract Administrator prior to any hot mix asphalt paving.

Supplementary Specification: GC 4.12.14S

Affected Document(s) Volume II Change Type: Addition

Section: GC 4.12.11S Reference: General Conditions

Change Summary Testing procedure of underground works

Currently

Should Be Sanitary Sewers, storm sewers, and water mains must be test in accordance of the Contract Documents and accepted by the Contract Administrator prior to any hot mix asphalt paving.

Supplementary Specification: GC 7.1.3S - 2009-007 (2009-11-19)

Affected Document(s) Volume II Change Type: Correction

Section: 7.1.3 Reference: General Conditions

Change Summary No sub section (c) exists in GC 7.1.1, the correct reference should be (a) and (b) of GC 7.1.1.1.

Currently 7.1.3 Additional work that the Owner may wish performed that does not satisfy the requirements of subparagraphs (a) and (c) of GC 7.1.1 is extra Work (“Extra Work”) and not a Change. Pursuant to GC 8, Extra Work may be declined by the Contractor or may, upon agreement between the parties, be undertaken as Extra Work.

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 6 2009

Should Be 7.1.3S Additional work that the Owner may wish performed that does not satisfy the requirements of subparagraphs (a) and (b) of GC 7.1.1.1 is extra Work (“Extra Work”) and not a Change. Pursuant to GC 8, Extra Work may be declined by the Contractor or may, upon agreement between the parties, be undertaken as Extra Work.

Supplementary Specification: GC 9.4S - 2010-005 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 9.4 Reference: General Conditions

Change Summary Change from (a) and (b) to .1 and .2 respectively to correct reference.

Currently If for any reason, including an addition or deletion under GC 7.1.1.a) or GC 7.1.1.b) respectively, the actual quantity of a unit price item varies by more than plus or minus the Variance Threshold Percentage from the estimated quantity for that unit price item as listed in the Schedule of Quantities and Prices (the “Tender Quantity”) or as otherwise agreed to pursuant to these Contract Documents, then either the Owner or the Contractor may by written notice request the other party to agree to a revised unit price, considering the change in quantities. A party shall make a request for a revised unit price as soon as reasonably possible after the party concerned becomes aware of the quantity variation.

Should Be If for any reason, including an addition or deletion under GC 7.1.1.1) or GC 7.1.1.2) respectively, the actual quantity of a unit price item varies by more than plus or minus the Variance Threshold Percentage from the estimated quantity for that unit price item as listed in the Schedule of Quantities and Prices (the “Tender Quantity”) or as otherwise agreed to pursuant to these Contract Documents, then either the Owner or the Contractor may by written notice request the other party to agree to a revised unit price, considering the change in quantities. A party shall make a request for a revised unit price as soon as reasonably possible after the party concerned becomes aware of the quantity variation.

Supplementary Specification: GC 12.2.2S - 2010-006 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 12.2.2 Reference: General Conditions

Change Summary Change from (a) to .1 to correct reference.

Currently If the Contract Administrator observes any materials at the Place of the Work that the Contract Administrator knows or suspects may be Hazardous Materials then the Contract Administrator shall immediately give written notice to the Contractor and the Contractor shall immediately stop the Work or portion of the Work as required by GC 12.2.1(a).

Should Be If the Contract Administrator observes any materials at the Place of the Work that the Contract Administrator knows or suspects may be Hazardous Materials then the

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 7 2009

Contract Administrator shall immediately give written notice to the Contractor and the Contractor shall immediately stop the Work or portion of the Work as required by GC 12.2.1.1.

Supplementary Specification: GC 13.9.1S - 2010-007 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 13.9.1 Reference: General Conditions

Change Summary Incorrect reference

Currently If the monies owing to the Contractor are less than the total amount owing by the Contractor to the Owner under (a) and (b) then any shortfall shall immediately, upon written notice from the Owner, and upon Substantial Performance, be due and owing by the Contractor to the Owner.

Should Be If the monies owing to the Contractor are less than the total amount owing by the Contractor to the Owner under (1) and (2) then any shortfall shall immediately, upon written notice from the Owner, and upon Substantial Performance, be due and owing by the Contractor to the Owner.

Supplementary Specification: GC 24.1.5S - 2010-008 (2010-03-25)

Affected Document(s) Volume II Change Type: Correction

Section: GC 24.1.5 Reference: General Conditions

Change Summary Incorrect reference and spelling correction.

Currently All policies referred to in this GC shall provide that thirty (30) days notice of cancellation will be given in writing to each insured, including the Owner, otherwise the policies to remain in full force and effect until the Work has been completed. Notwithstanding the foregoing, the Comprehensive General Bodily Injury and Property Damage Liability Insurance referred to in GC 24.1.1.b) shall remain in full force and effect from the commencement of the performance of the Work for a period of not less than twelve (12) months following Total Performance, and with respect to completed operations coverage for a period of not less than 24 months following Total Performance.

Should Be All policies referred to in this GC shall provide that thirty (30) days notice of cancellation will be given in writing to each insured, including the Owner, otherwise the policies to remain in full force and effect until the Work has been completed. Notwithstanding the foregoing, the Comprehensive General Bodily Injury and Property Damage Liability Insurance referred to in GC 24.1.1.2) shall remain in full force and effect from the commencement of the performance of the Work for a period of not less than twelve (12) months following Total Performance, and with respect to completed operations coverage for a period of not less than 24 months following Total Performance.

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 8 2009

Supplementary Specification: GC 4.3S

Affected Document(s) Volume II Change Type: Addition

Section: GC 4.3 1S & 4.3.4(4)S Reference: General Conditions – Protection of the work, Property and the Public

Change Summary Addition of information to GC4.3.1 and 4.3.4.

Currently

Should Be Add to GC 4.3.1:

Prior to commencing any construction, stockpiling of materials or work on-site, the Contractor shall produce a photographic/video record of the entire job site including centerline alignments of all utilities. One copy is to be provided to the City after the inspection. This shall become a photographic record of the condition of the project prior to construction. Particular attention shall be given to the condition of existing pavements, concrete works, ditches, landscaping, fences, private property, structures, and other improvements. The pre-construction inspection will be done with a representative of the City present

Add the following GC 4.3.4

(4) The Contractor shall originate the required BC One “Call Before you Dig”. The City, at no cost upon request, will mark the location of existing underground City utilities, according to the best available information or known records. This does not absolve the Contractor from any responsibilities with respect to utility locations as per GC 4.3.4. The Contractor shall reference and protect all markings. 48 hours advance notice is required prior to starting any works.

Both the City operated utilities and those operated externally to the City of Penticton, shall use the Uniform Colour Code for utility markings. The Code is as follows:

Red – Electric Blue – Water

Yellow – Gas Green – Sewers

Orange – Communications Pink – Temporary Survey Markings

Any non-City utilities shown on the drawings are for general information only and the City does not guarantee the accuracy of these items.

If in the performance of the Work, the Contractor accidentally damages any existing item or utility, the Contractor shall call the appropriate emergency number below:

City Works Division (Yards) Roads & Utilities - 250-490-2554 City Electrical Division – Power & Street Lights - 250-490-2535 *FortisBC 1-800-663-9911 *Telus 611 *Shaw Cable 250-492-5832 City Call Out – Fire Dept. after normal hours 250-492-7202 Transit Authorities 250-492-5602 Garbage Collection Companies (WSI) 250-490-3888

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SS – PART I SS - 9 2009

(5) The drawings indicate existing utilities that must be exposed by the Contractor to

verify depth and location to eliminate conflict with the new mains. Such locates shall be scheduled and completed a minimum of one (1) week prior to commencement of construction in each specific location. The Contractor shall provide a schedule for such pre-digging which is to be done in the presence of the Contract Administrator and between the hours of 7:30 a.m. to 4:00 p.m., Monday to Friday. Payment for these exploratory test holes for specific locates as directed by the Contract Administrator, shall be paid at the unit rate in the Schedule of Quantities as per Measurement and Payment Clause in the Supplementary Specifications.

(6) Based on the designated 3-dimensional locates, it may be necessary to adjust the

alignment and/or grade of the new utilities. The Contractor will be directed in this regard by the Contract Administrator.

Supplementary Specification: GC 4.9S

Affected Document(s) Volume II Change Type: Addition

Section: GC 4.9 Reference: General Conditions - Materials

Change Summary Addition of approved list of materials and products.

Currently

Should Be 4.9.3 Approved List of Approved Materials and Products All materials supplied and installed by the Contractor for use in the Work shall be in accordance with Appendix B: List of Approved Materials and Products unless otherwise approved in writing by the Contract Administrator.

Supplementary Specification: GC 13.9S

Affected Document(s) Volume II Change Type: Deletion and replacement.

Section: GC13.9 Reference: General Conditions – Liquidated Damages for Late Completion

Change Summary Include total performance as a milestone to which liquidated damages will apply and increase liquidated damage amount.

Currently

Should Be Delete GC 13.9.1 and replace with the following:

13.9.1 If the Contractor fails to meet the Milestone Dates for Substantial Performance and Total Performance as set out in the Form of Tender, paragraph 2.2, as may be adjusted pursuant to the provision of the Contract Documents, then the Owner may deduct from the monies owing to the Contractor for the Work: a) as a genuine pre-estimate of the Owner’s increased costs for the

Contract Administrator and the Owner’s own staff caused by such

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 10

2009

delay an amount of $1,200.00 per day or pro rata portion for each Day that actual Substantial Performance and/or Total Performance is achieved after the Substantial Performance or Total Performance Milestone Dates; plus

b) all direct out-of-pocket costs, such as costs for safety, security, or equipment rental, reasonably incurred by the Owner as a direct result as such delay.

If the monies owing to the Contractor are less than the total amount owing by the Contractor to the Owner under (a) and (b) then any shortfall shall be paid immediately upon written notice from the Owner, and upon Substantial Performance and/or Total Performance, be due and owing by the Contractor to the Owner.

Supplementary Specification: GC 18S

Affected Document(s) Volume II Change Type: Deletion and replacement.

Section: GC18.6 PAYMENT Reference: General Conditions – Substantial Performance

Change Summary Definition of total performance date.

Currently

Should Be Delete GC 18.6.4 and replace with the following:

18.6.4 The Contract Administrator shall include the date of Substantial Performance in the Certificate of Substantial Performance. The date for Total Performance shall be 30 calendar days after the date of Substantial Performance unless otherwise agreed by the Contract Administrator.

Supplementary Specification: GC 18.2.2S

Affected Document(s) Volume II Change Type: Correction

Section: GC18.2 SUPPORTING DOCUMENTATION

Reference: General Conditions – Supporting Documentation

Change Summary Update to wording surrounding payment

Currently If requested in writing by the Contract Administrator the Contractor shall as a precondition to the issuance of the Payment Certificate provide a sworn declaration in a form acceptable to the Contract Administrator that all amounts relating to the Work, due to third parties including all subcontractors and suppliers, have been paid.

Should Be If requested in writing by the Contract Administrator the Contractor shall as a precondition to the issuance of the Payment Certificate provide a sworn declaration in a form set out in Schedule 18.2.2 to these GC’s or such other form as the Contractor may request and the Contract Administrator may accept, that as of the date set out in the sworn declaration all amounts which have been incurred directly by the Contractor relating to the Work that are due and owing to third parties have been paid.

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SS – PART I SS - 11

2009

Supplementary Specification: GC 18.6.3 (1)S

Affected Document(s) Volume II Change Type: Correction

Section: GC18.6 SUBSTANTIAL PERFORMANCE

Reference: General Conditions – Substantial Performance

Change Summary Wording update referring to 18.2.2

Currently (1) a sworn declaration in a form acceptable to the Contract Administrator that all amounts relating to the Work, due and owing as of the end of the month covered by the Payment Certificate to third parties including all subcontractors and suppliers, have been paid.; and

Should Be (1) a sworn declaration in a form in accordance with GC 18.2.2; and;

Supplementary Specification: GC21S

Affected Document(s) Volume II Change Type: Deletion and replacement

Section: GC 21 Reference: General Conditions – Contractor is “Prime Contractor”

Change Summary Extension of Prime Contractor responsibility to date of Total Performance.

Currently

Should Be Delete GC 21.2.1 and replace with the following:

21.2.1 Commencing on the effective date of the Notice to proceed and until such time as the Contractor has achieved Total Performance, as part of the Work the Contractor shall be the “prime contractor” as defined in the Workers Compensation Act and accordingly shall comply with all resulting obligations requirements and obligations including coordination of the health and safety activities of all employers at the Place of work, and complying with the obligations of a prime contractor for a multi-employer workplace as prescribed by the applicable regulations. For certainty, except for that period which the Contractor is the “prime contractor” pursuant to this section 21.2.1, the Owner or appointed third party shall be the “prime contractor” responsible for the safety of the Place of Work.

The Contractor shall provide all notices of the project if required under Part 20.2 (1) of the Worksafe BC Occupational Health and Safety Regulations. These notices must be posted at the job site with a copy forwarded to the Board and a copy to the Contract Administrator prior to commencement of the project.

The Contractor must submit for review a printed or electronic copy of their Occupational Health and Safety Program to the Contract Administrator within 15 days of the written Notice of Award.

The Contractor will be required to complete the City of Penticton –

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SS – PART I SS - 12

2009

“Confirmation of Work Place Safety Responsibilities” schedule as appended in Appendix B prior to construction and in consultation with the City Safety Representative.

Supplementary Specification: GC 24.1.1 (2) S

Affected Document(s) Volume II Change Type: Correction

Section: GC24.1 REQUIRED INSURANCE

Reference: General Conditions – Required Insurance

Change Summary Wording Change and increase in property damage loss fee

Currently (2) Comprehensive General Bodily Injury and Property Damage Liability Insurance

Should Be (2) Commercial General Bodily Injury and Property Damage Liability Insurance

Supplementary Specification: GC 24.1.1 (2) S

Affected Document(s) Volume II Change Type: Correction

Section: GC24.1 REQUIRED INSURANCE

Reference: General Conditions – Required Insurance

Change Summary Increase in Property Damage Deductible

Currently The insurance shall include Contractor’s Contingent Liability, and Contractual Liability of sufficient scope to include the liability assumed by the Contractor under the terms of this Contract, and Completed Operations Liability. The policy shall include the Owner, and the Contract Administrator as additional insured’s with a cross liability clause. Any property damage deductible shall be for the account of the Contractor and shall not exceed $2,500.00 for any one occurrence

Should Be The insurance shall include Contractor’s Contingent Liability, and Contractual Liability of sufficient scope to include the liability assumed by the Contractor under the terms of this Contract, and Completed Operations Liability. The policy shall include the Owner, and the Contract Administrator as additional insured’s with a cross liability clause. Any property damage deductible shall be for the account of the Contractor and shall not exceed $10,000.00 for any one occurrence

Supplementary Specification: GC 24.1.5S

Affected Document(s) Volume II Change Type: Correction

Section: GC24.1 REQUIRED INSURANCE

Reference: General Conditions – Required Insurance

Change Summary Wording Change and GC reference update

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 13

2009

Currently 24.1.5 All policies referred to in this GC shall provide that thirty (30) days notice of cancellation will be given in writing to each insured, including the Owner, otherwise the policies to remain in full force and effect until the Work has been completed. Notwithstanding the foregoing, the Comprehensive General Bodily Injury and Property Damage Liability Insurance referred to in GC 24.1.1 (2) shall remain in full force and effect from the commencement of the performance of the Work for a period of not less than twelve (12) months following Total Performance, and with respect to completed operations coverage for a period of not less than 24 months following Total Performance.

Should Be 24.1.5 All policies referred to in this GC shall provide that thirty (30) days notice of cancellation will be given in writing to each insured, including the Owner, otherwise the policies to remain in full force and effect until the Work has been completed. Notwithstanding the foregoing, the Commercial General Bodily Injury and Property Damage Liability Insurance referred to in GC 24.1.1 (2) shall remain in full force and effect from the commencement of the performance of the Work for a period of not less than twelve (12) months following Total Performance, and with respect to completed operations coverage for a period of not less than 24 months following Total Performance.

Supplementary Specification: Form 15 – Statutory Declaration

Affected Document(s) Form on MMCD Website Change Type: Revision

Section: N/A Reference: Form 15

Change Summary Statutory Declaration Language Updated

Currently ( IN THE MATTER OF THE CANADA EVIDENCE ACT, AND IN THE

( MATTER OF CERTAIN DISBURSEMENTS MADE IN

CANADA: ( CONNECTION WITH CONSTRUCTION OF

PROVENCE ( ............................................................................................................................

OF ( ............................................................................................................................

BRITISH ( ............................................................................................................................

COLUMBIA ( ............................................................................................................................

TO WIT: ( THE CONTRACT DATED

( ...........................................................................................................................

(

I, ………………………………………, of………………………………………… being ……………………………………………of the firm of ……………………………… in the Province of British Columbia, do solemnly declare:-

That all liabilities incurred by the said Contractor or Contractors in connection with the aforementioned contract, including:

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 14

2009

(a) All wages for the various classes of labour;

(b) Hire of teams, trucks, equipment, etc.;

(c) All materials and supplies;

(d) Amounts due to sub-contractors,

have been duly paid and satisfied

That there is no claim or lien accruing for labour or services performed or materials furnished or otherwise in connections with the said works.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED before me at the ___________________________)

of ____________________________, in the Province of)

British Columbia, this _____________________ day) _______________________

of ___________________________, A.D. 20_________)

___________________________________________________

A Commissioner for Taking Affidavits for British Columbia,

or

A Notary Public in and for the Province of British Columbia

Should Be ( IN THE MATTER OF THE CANADA EVIDENCE ACT, AND IN THE

( MATTER OF CERTAIN DISBURSEMENTS MADE IN

CANADA: ( CONNECTION WITH CONSTRUCTION OF

PROVENCE ( ............................................................................................................................

OF ( ............................................................................................................................

BRITISH ( ............................................................................................................................

COLUMBIA ( ............................................................................................................................

TO WIT: ( THE CONTRACT DATED

( ...........................................................................................................................

(

I, ……………………………………, of …………………………………… being ………………………………………of the firm of ………………………………… in the Province of British Columbia, do solemnly declare, as of the date of this declaration, that:

1) I am an authorized signing officer, partner or sole proprietor of the Contractor named in the Contract identified above, and as such have authority to bind the

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 15

2009

Contractor, and

2) I have personal knowledge of the fact that all accounts for labour, subcontracts, products, services, and construction machinery and equipment which have been incurred directly by the Contractor in the performance of the work as required by the Contract, and for which the Owner might in any way be held responsible, have been paid in full as required by the Contract up to and including the latest progress payment received dated the _____ day of ______________, in the year 20___, except for:

a) holdback monies properly retained,

b) payments deferred by agreement, or:

c) amounts withheld by reason of legitimate dispute which have been identified to the party or parties, from whom payment has been withheld;

3) I have no personal knowledge of the fact that there are any claims or liens in respect of any such accounts except as previously disclosed expressly in writing by the Contractor to the Owner; and

4) I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED before me at the ___________________________)

of ____________________________, in the Province of)

British Columbia, this _____________________ day) _____________________

of _________________________, A.D. 20_________)

___________________________________________________

A Commissioner for Taking Affidavits for British Columbia,

or

A Notary Public in and for the Province of British Columbia

Supplementary Specification: Section 01 55 00S

Affected Document(s) Volume II Change Type: Deletion and replacement

Section: 1.4 Traffic Control Reference: Traffic Control, Vehicle Access and Parking

Change Summary

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 16

2009

Currently

Should Be Delete Clause 1.4.10.3 and replace with:

1.4.10.3S When workmen or equipment are employed on travelled way over brow of hills, around sharp curves or at other locations where oncoming traffic would not otherwise have adequate warning.

Delete Clause 1.5.1 and replace with:

1.5.1S Payment for Traffic Control, Vehicle Access and Parking will be monthly based on the proportion of days worked in the month to the total in the schedule. Measurement will be on a lump sum basis and will include all labour, materials, equipment, notifications, and dust control. If in the opinion of the Contract Administrator the Contractor is not meeting the requirements of the Traffic Management Plan, then the contractor will be charged $2,500 per day plus any costs to the City to perform any remediation works plus 15% overhead.

Add the Following:

1.5.2S Payment for the Traffic Management Plan will be made as a lump sum once the Traffic Management Plan has been submitted to and approved by the Contract Administrator. Value of the Traffic Management Plan shall not exceed 5% of the value of Traffic Control, Vehicle Access and Parking as defined by 1.5.1S.

Supplementary Specification: Section 03 30 20S

Affected Document(s) Volume II Change Type: Deletion and replacement

Section: 2.1 Materials 3.17 Acceptance

Reference: Concrete walks, curbs, and gutters

Change Summary

Currently

Should Be Delete 2.1.5. and Replace with:

2.1.5.S Concrete mixes and materials to Section 03 30 53 – cast-in-place concrete with the following criteria specific to this section:

.1 Hand-formed and hand-placed concrete: Slump: 80 mm. Air entrainment: 5 to 8%. Maximum aggregate size: 20 mm. Minimum cement content: 335 kg/m3. Minimum 28 day compressive strength: 32 MPa. .2 Extruded concrete: Slump: 0 - 25 mm. Air entrainment: 6 to 9%.

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 17

2009

Maximum aggregate size: 10 mm. Fineness modulus: 2.1 to 2.4 Minimum cement content: 335 kg/m3. Minimum 28 day compressive strength: 32 MPa.

3.17 Acceptance

Delete Clause 3.17.1 and Replace with:

3.17.1S The finished surface of any concrete sidewalks, curbs, and pads shall have a uniform “brushed” texture and be free of visible signs of poor workmanship. Any obvious defects as determined by the Contract Administrator such as, but not limited to the following, will be cause for automatic rejection of concrete works regardless of the values of any other acceptance parameter:

• Areas of insufficient concrete thickness; • Improper spacing of trowelled expansion or control joints; • Premature or irregular brushed finish to surfaces; • Any vandalism, graffiti, footprint marks, or rain dimples; • Cracking or tearing, outside of trowelled expansion or control joints; or • Any visible trip hazard or vertical displacement at any joint or crack

exceeding 6mm.

Rejected concrete work shall be promptly repaired, remedied, or removed, and replaced in a manner acceptable to the Contract Administrator. The Contractor shall be responsible for all costs including materials.

Add the following:

3.17.3S Minimum length of replacement of defective curb and gutter will be the length between expansion joints.

Supplementary Specification: Section 03 40 01S

Affected Document(s) Volume II Change Type: Deletion and replacement

Section: 1.4 Measurement and Payment

Reference: Precast Concrete

Change Summary

Currently

Should Be Delete 1.4.3. and Replace with:

1.4.3S Payment for concrete lock block wall will be by blocks of different sizes and dimensions and includes all work and incidentals, drain rock backfill, subgrade preparation, concrete swale and drainage provisions as shown on the Contract Drawings. Excavation and backfilling will be paid under the appropriate pay items in Section 31 23 01 – Excavating, Trenching and Backfilling.

Supplementary Specification: Section 31 05 17

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 18

2009

Affected Document(s) Volume II Change Type: Deletion, replacements & additions

Section: 2.0 Products Reference: Aggregates and Granular Material

Change Summary

Currently

Should Be Add the following:

2.13 KVR Trail Surfacing: Fine aggregate conforming to following specifications:

Sieve Designation Percent Passing

9.5 100

4 40 67

8 24 45

50 10 30

100 5 20

200 2 8

Supplementary Specification: Section 31 23 01

Affected Document(s) Volume II Change Type: Deletion, replacements & additions

Section: 1.8 Limits of Open Trench

1.10 Measurement and Payment

3.3 Excavation 3.5 Back Fill and

Compaction

Reference: Excavation, Trenching, and Backfilling

Change Summary

Currently

Should Be Delete Clause 1.8.1 and Replace with:

1.8.1 Excavate only as far in advance of pipe laying operation as safety, traffic, and weather conditions permit and, in no case, to exceed 30m. All open trenches, excavations, and test points shall be backfilled at end of each day unless otherwise approved by the Contract Administrator. If approval is granted to leave trenches, excavations, and test points open overnight, the Contractor shall adequately protect the open trenches, excavations, and test points with

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 19

2009

approved fencing, barricades and, where required, with flashing lights and traffic control.

Add the following:

1.10.9S Payment for import backfill installed as directed by the Contract Administrator shall include the removal and disposal off-site of unsuitable trench material, placement and compaction of imported material as specified in the Schedule of Quantities and Prices. Measurement shall be in cubic meters placed.

Add the following to 3.3.9:

The Contractor shall supply the City with the location of any site to be utilized within the City limits for which an Earthworks Permit (issued by the City Engineer) will be required and costs thereof deemed incidental to the Contract.

Add the following to 3.5.3.4:

If in the opinion of the Contract Administrator portions of the native material are unsuitable for backfill, he may direct the Contractor to dispose of the unsuitable material off-site and import and install specified replacement backfill as defined in the schedule of quantities.

Supplementary Specification: 31 24 13 S

Affected Document(s) MMCD Platinum Edition Volume II

Change Type: Addition

Section: 11.8 Measurement and Payment

Reference: Roadway Excavation, Embankment, and Compaction

Change Summary Addition of measurement and payment items.

Currently

Should Be Add item 1.8.4.4S: Salvage existing concrete block retaining wall:

Salvage of existing concrete block wall shall be a lump sum for all locations identified in the contract drawings. Payment shall include all labour equipment and materials required to salvage the concrete block retaining wall, deliver to City Yards, offload and neatly stack at the specified location within the City Yards.

Add item 1.8.4.5S: Excavation and Off-Site Disposal:

Excavation and Off-Site Disposal shall be measured on a cubic meter basis based on cross-sections taken before and after excavation for all locations identified in the contract drawings. Payment shall include all labour equipment and materials to remove and dispose of the excavated material off-site.

Add item 1.8.4.6S: Remove and dispose concrete footing:

Removal and disposal of existing concrete footing be measured on a lump sum basis. Payment shall include all labour equipment and materials to remove and dispose of the concrete footing.

Add item 1.8.4.7S: Re-use of Native Material:

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UNIT PRICE CONTRACT SUPPLEMENTARY SPECIFICATIONS

SS – PART I SS - 20

2009

Payment for Re-use of Native Material as directed by the Contract Administrator shall include removal of material from site to off-site stockpile location, trucking back to site and placement and compaction of re-imported material.

Measurement shall be in cubic meters placed.

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APPENDIX A LIST OF APPROVED MATERIALS AND PRODUCTS

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LIST OF APPROVED MATERIALS & PRODUCTS SECTION SUB-SECTION ITEM APPROVED PRODUCTS COMMENTS

33 11 01 Waterworks

2.2.4 Fittings/Restrainers Per MMCD All Cast or Ductile Iron 2.5.3 Couplings Saddles Per MMCD Stainless Steel

2.3.2 Mainline Gate Valves Per MMCD All direct bury mainline valves resilient seal or solid wedge

2.3.3 Butterfly Valves Per MMCD Butterfly valves to be approved by Engineer

2.3.5 Air and Vacuum Release Valve Per MMCD End flange to ANSI A21.10

2.3.6 Mainline Valve Box S-W4 Cover marked “Water” 2.3.7 Service Valve Box Per MMCD / S-W2

2.4 Valve Chamber, Frames and Cover Per MMCD Cover marked “Water”

2.5.1 Services Type K Copper Blue904 PEX Tubing

All 19mm, 25mm, & 50mm Services

2.6.1 Hydrants

Terminal City Canada Valve Clow Mueller

See S-W4 Stortz Nozzle Ports

2.7.2 Corporation Stops Per MMCD All Lead Free Brass 19mm/50mm

2.7.3 Curb Stops Per S-W2 Detail All Lead Free Brass 19mm/50mm

33 40 01 Storm Sewers

2.3.1 PVC Ribbed Pipe Extruded Seamless Ribs at right angles to pipe access

33 44 01 Manholes and Catchbasins

2.1.7 Frame and Cover C-18 Adjustable Frame and Cover 2.1.17 Concrete Bricks Not Permitted

2.1.22 Pre-Benched Manhole Bases

Pipe rubber “O” rings within pre-cast base

Integral rubber gaskets within base

Protection Pads Canada Safety Equipment or Equal With colour pigment

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APPENDIX B

CITY OF PENTICTON SAFETY PROGRAM

CONFIRMATION OF WORKPLACE SAFETY RESPONSIBILITIES

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CONFIRMATION OF RESPONSIBILITIES (Discussion with Contractor Supervisor/Coordinator)

Date: Meeting Location:

Contractor: First Aid on Site Supervisor:

Contractor Rep.: Job Title:

City of Penticton Rep.: Job Title:

The Contractor acknowledges the appointment per MMCD, G.C. 4.2 yes noUnderstands that in any conflict of directions, WCB OHS Regulation and/or the Act shall prevail

yes no

Training and Instruction of Workers. Each contractor on site must provide workers the information, instruction, training, and supervision necessary to ensure the safe performance of their work and other workers at the workplace (WCA115). This should include orientation in first aid provisions, emergency procedures, personal protective equipment, excavations, electrical hazards, fall protection, ladder safety, other safe work procedures and hazards of their work/worksite.

yes no

Understands and will direct that all supervisors/coordinators must immediately report any apparent conflict as described above

yes no

The supervisor shall immediately notify the City of Penticton of any reported conflict. yes noHas requested and received information to eliminate or control hazards to the health and safety of persons at the workplace

yes no

Has conducted an inspection of the workplace to verify the presence of any hazards yes noWill communicate hazards to any persons who may be affected and ensure that appropriate measures are taken to effectively control or eliminate the hazards

yes no

Accepts that written documentation (e.g. notes, records, inspections, meetings etc.) on all health and safety issues must be available upon request to the City of Penticton and/or to a Board officer at the workplace

yes no

Will confirm that all workers are suitably trained and competent to perform the duties for which they have been assigned

yes no

Safety orientation of all new workers will be conducted yes noContractor’s written Safety Program has been provided yes noMeetings to exchange any safety issues, concerns, hazards or safety directives will be conducted weekly (or more often if required)

yes no

Before the commencement of work, crews will attend a daily crew safety meeting yes noThe supervisor has assessed and will coordinate the first aid requirements yes noTransport of Injured Worker procedure is established yes noElectrical Safety. Overhead high-voltage electricity. Determine the voltage of any overhead lines in the work area through the authority controlling the system (for example City Electrical or FortisBC) and the minimum distance of approach (OHS19.24). Review the general limits of approach with all workers in a pre-job safety meeting (OHS19.5). If the minimum distance from the electrical conductor cannot be maintained, and movement by a worker or equipment may result in entering these minimum distances call the power authority and get an assurance in writing (form 30M33) (OHS19.25).

yes no

WCB Clearance Letter required prior to start of work (Good Standing) yes no Notes/Follow-up: Contractor Rep. __ City of Penticton Rep: _____ Signature Signature

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11/09/11 CC - 1

City of Penticton

Contractor Coordination

Prepared by: Human Resource Department

City of Penticton

Contractor

Sub-Contractor

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 2

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 3

Contractor Coordination

Contents

1. Purpose .................................................................................................................. 4 2. Policy ...................................................................................................................... 4 3. Scope ..................................................................................................................... 4 4. Definitions .............................................................................................................. 4 5. Overview Regulation ............................................................................................. 6

Responsibility of Owner ....................................................................................................... 6 Co-ordination - Overview ..................................................................................................... 6

6. Responsibilities ..................................................................................................... 8

i. Responsibilities on a Single Employer Workplace ........................................................... 8 ii. Responsibilities on a Multiple Employer Workplace without Prime Contractor ............... 9 iii. Responsibilities on a Multiple Employer Workplace with a Prime Contractor ................. 9

7. Program Details ................................................................................................... 11 8. Training Requirements ....................................................................................... 15 9. Program Maintenance ......................................................................................... 16 10. Documentation .................................................................................................... 16 11. Appendices .......................................................................................................... 16

Appendix A - Overview of Occupational Health and Safety Program Content ................... 17 Appendix B - Records to be Maintained and Available ...................................................... 19 Appendix C - Contract Language for Hiring Municipal Contractors ................................... 20 Appendix D - Review of Contractor Safety Program .......................................................... 21 Appendix E - Confirmation of Responsibilities ................................................................... 23

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 4

Contractor Coordination

1. Purpose To ensure that workers of other employers who are working on the City of Penticton workplaces are not placed at risk because of a lack of knowledge of workplace hazards or a lack of coordination of workplace safety.

2. Policy The City of Penticton will ensure that all employers and workers on City of Penticton workplaces are aware of any pre-existing workplace hazards. The City of Penticton will ensure coordination of occupational health and safety activities on all multiple employer workplaces or ensure that a prime contractor does so. The City of Penticton will ensure compliance with WCB OHS Regulations on all workplaces.

3. Scope This program applies in every situation where workers, other than the City of Penticton workers, are performing their job duties at a City of Penticton workplace. Exception for Short Term Workplace Visits The WCB Prevention Manual offers the following guidance on workplace visits: "Virtually all workplaces will be visited by workers of other employers. For example, workers may deliver or pick up mail, goods and materials or enter to inspect premises. Short term visits of this type, even if regular, do not make the workplace a "multiple-employer workplace" for the purposes of section 118(1)", note other persons per Workers Compensation safety and health regulations.”

4. Definitions

▪ Construction Project

Any erection, alteration, repair, dismantling, demolition, structural or routine maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, concreting, the installation of any machinery or any other work deemed to be construction by the WCB. (WCB OHS Regulation Section 20.1)

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 5

▪ Contractor Includes a contractor, subcontractor, utility company, government agency or a service company providing/assigning workers and/or services/equipment within the workplace.

▪ Contractor Safety Program

A contractor's Occupational Health and Safety program as required by WCB OHS Regulation.

▪ Multiple Employer Workplace

Multiple employer workplaces are created when workers of two or more employers are working at the same location.

In this type of workplace, workers of one employer do not actually have to come into contact with the workers of the other employer but they must communicate to coordinate their activities. They do not even have to be in the same place at the same time. What is important is whether or not the workers' activities could affect the health and safety of another employer's workers. This is true even if the workers on the workplace are workers of the City of Penticton and a contractor. Short-term visits by couriers, inspectors and suppliers etc. are not regarded as workers on the workplace.

▪ Notice of Project The Notice of Construction Project given by the prime contractor, or Owner, to the Workers' Compensation Board as defined in and required by Section 20.2 (2) and (3) of the WCB OHS Regulation.

▪ Prime Contractor In relation to a multiple-employer municipal workplace, the contractor, employer or other person who enters into a written agreement with the City of Penticton is to be the prime contractor

▪ Practicable Means that which is reasonably capable of being done

▪ Qualified Means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination thereof

▪ Qualified Coordinator On a construction workplace, means the person appointed by a prime contractor to coordinate occupational health and safety activities within the workplace.

▪ Qualified Person On a construction workplace, means a person designated by a contractor (other than the prime contractor) to be responsible for that employer's health and safety activities and responsibilities.

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 6

▪ Single Employer Workplace

A defined area in which there are workers of only one employer

▪ Workplace Safety Co-ordinator

The person designated in writing by the City of Penticton to coordinate workplace safety on multiple employer workplaces if there is no prime contractor, and to receive/review a contractor's safety program, records, documentation and safety performance.

5. Overview Regulation

Responsibility of Owner Part 3 Section 118 and 119 of the Workers’ Compensation Act and Part 20 of the WCB OHS Regulation also applies and includes responsibilities on construction workplaces. The Workers’ Compensation Act requires the City of Penticton as owner of the workplace, to maintain the workplace in a safe manner. It requires the City of Penticton to give any other employers on the workplace all information about the workplace hazards, and it requires the City of Penticton to give other employers on the workplace the information they need to eliminate or control those hazards. The Workers’ Compensation Act also sets out the responsibilities when the City of Penticton has a multiple employer workplace. On multi-employer workplaces, there is a responsibility to coordinate the activities of the employers, workers and other persons at the workplace. There is also a responsibility to do everything that is practicable to establish and maintain a system or process to ensure that everyone on the workplace complies with the WCB OHS Regulation.

Co-ordination - Overview The City of Penticton can decide either to perform the duties of safety coordination on a multiple employer workplace or designate, must agree in writing, a prime contractor to perform the duties of coordination. Construction Workplaces If there is no prime contractor, and there are more than 5 workers on the workplace, the City of Penticton must designate a coordinator to coordinate workplace safety.

The coordinator is responsible for submitting the notice of project to the Workers’ Compensation Board where a Notice of Project is required. (See WCB OHS Regulation 20.2 for the general requirements of a Notice of Project. On a multiple employer workplace: The coordinator must also ensure that all of the workers on the workplace are aware of any pre-existing hazards on the workplace. The coordinator must also identify any hazards on the workplace that are created by the work.

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 7

The coordinator must also have a workplace drawing. It will show where the various employers are working, where first aid is located, the emergency transportation system for injured workers, and the evacuation marshalling points. The coordinator must also have the written procedures to protect the health and safety of the workers on the workplace. If the City of Penticton does not want to take on these responsibilities, the City of Penticton can also designate, in writing, a prime contractor on the construction workplace.

If the City of Penticton does designate a prime contractor, the prime contractor must designate a qualified coordinator. The City of Penticton must inform the prime contractor of pre-existing workplace hazards and the information on how to eliminate or control them. The prime contractor's qualified coordinator must then ensure that all of the delegates are informed; the delegates must inform all workers of these hazards, and of any hazards on the workplace that are created by the work. The prime contractor's qualified coordinator must also have the written procedures to protect the health and safety of the workers on the workplace, ensuring that the hazards are addressed throughout the duration of the work activity. The prime contractor's designated qualified coordinator must also have a workplace drawing. It will show where the various employers are working, where first aid is located, the emergency transportation system for injured workers, and the evacuation marshalling points. Non-construction workplaces:

The City of Penticton must act as the prime contractor on a single employer workplace that involves workers of another employer, if there is no prime contractor designated in writing. The City of Penticton must act as the prime contractor and must ensure that occupational health and safety activities are coordinated on multiple employer workplaces, if there is no prime contractor designated in writing. The City of Penticton must establish and maintain a system to ensure compliance with the WCB OHS Regulation. The City of Penticton must ensure that it has the names of the persons who will supervise workers at the workplace. The City of Penticton has responsibility, as an owner, on non-construction workplaces if a prime contractor has been designated in writing. The City of Penticton must give the prime contractor at the workplace any available information that is necessary to identify and eliminate or to control hazards at the workplace.

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CONTRACTOR COORDINATION City of Penticton

11/09/11 Safety Programs CC - 8

6. Responsibilities The City of Penticton is responsible to determine by definition of regulation (118) that the workplace includes the workers of other employers and whether this is a multiple employer workplace or a single employer workplace. The City of Penticton is also responsible for determining if the workplace is a construction workplace as outlined in the definition section. Note: For ease of reading, the rest of the responsibilities will be separated into the following three categories:

i. Single Employer Workplace

ii. Multiple Employer Workplace with a prime contractor

iii. Multiple Employer Workplace Without a prime contractor.

i. Responsibilities on a Single Employer Workplace The City of Penticton:

The City of Penticton is responsible to ensure that the contractor on the workplace is aware of all pre-existing workplace hazards and has the information on how to eliminate or control the hazards.

On a construction workplace, if the work requires a Notice of Project, the City of Penticton must submit the Notice of Project to the WCB or ensure that the prime contractor does so.

Workplace Safety Coordinator: The Contract Administrator is responsible:

▪ To determine the boundaries of the workplace, and to ensure that only workers of one employer perform duties within those boundaries.

▪ To ensure all relevant information on workplace hazards is provided to the employer. ▪ To decide whether the contractor should be designated, in writing, as a prime contractor

and to designate the prime contractor.

Contractor: Note: Applies to a contractor to the City of Penticton and to service providers such as West Kootney Power.

The contractor is responsible for obtaining information on workplace hazards from the City of Penticton and informing its workers on the workplace. The contractor is also responsible for ensuring compliance with the WCB OHS Regulation.

If designated as the prime contractor, the contractor is responsible to ensure that all workers on the workplace, as well as its own workers, are aware of the pre-existing workplace hazards. The contractor is responsible to ensure that all work is performed without unnecessary risk and in compliance with the WCB OHS Regulation.

The City of Penticton Supervisors:

Supervisors must ensure that all workers know that a single employer workplace has been designated. They must ensure that they do not assign duties, which take the City of Penticton workers into the single employer workplace. If any worker reports that they must enter the single

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employer workplace to do their job, the supervisor will contact the Division supervisor to determine if the work should go ahead.

The City of Penticton Workers: All workers are responsible to ensure that their duties do not take them into the single employer workplace. If they must enter the workplace, they must inform their supervisor.

ii. Responsibilities on a Multiple Employer Workplace without Prime Contractor

The City of Penticton: The City of Penticton is responsible to designate the Division Supervisor to be responsible for coordinating workplace safety and ensure that all health and safety activities are coordinated and that all employers are in compliance with the WCB OHS Regulation.

Workplace Safety Coordinator: The Division Supervisor or designate must ensure that all employers on the workplace are aware of pre-existing workplace hazards, that workplace safety meetings are held and documented, and all occupational health and safety activities are co-ordinated. If the workplace is a construction workplace and a Notice of Project is required, the Division Supervisor or designate is responsible to ensure that the Notice of Project is submitted to the Workers' Compensation Board. On construction workplaces, the Division Supervisor or designate must have the written procedures to protect the health and safety of all workers on the workplace. The Division Supervisor or designate must maintain a workplace map that shows where various employers are working, occupational first aid is located, and the evacuation marshalling points are located. It must also show the emergency transportation system for injured workers.

Contractors: Contractors are responsible to comply with their contracted safety requirements and the directives of the Division Supervisor or designate regarding co-ordination of activities. They must tell the Division Supervisor or designate the name of the individual who supervises their workers. On a construction workplace they must give the Division Supervisor or designate the name of a Qualified Person who is responsible for their health and safety activities.

Supervisors: All supervisors are responsible to check with the Division Supervisor or designate to ensure that the duties that they are assigning do not cause hazards for the workers of other employers on the workplace.

Workers: All workers are responsible to follow safe work procedures and to alert their supervisor if the duties that they are performing will create a hazard to other workers.

iii. Responsibilities on a Multiple Employer Workplace with a Prime Contractor

The City of Penticton:

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The City of Penticton is responsible to identify workplace hazards for the prime contractor and also to give the prime contractor information on how to eliminate or control the workplace hazards.

Workplace Safety Coordinator: The Contact Administrator is responsible for designating a prime contractor, based on the complexity and risk of the work being performed. If a prime contractor is designated, the Contract Administrator is responsible to inform all other employers of the designation of prime contractor.

Prime Contractor: The prime contractor must ensure that all occupational health and safety activities are co-ordinated, and that all employers on the workplace comply with the WCB OHS Regulation. If the workplace is a construction workplace, the prime contractor must, if the combined workforce is more than 5 workers, identify a qualified co-ordinator who must co-ordinate health and safety activities on the workplace.

Prime Contractor's Qualified Coordinator on Construction Workplaces: The qualified co-ordinator must:

▪ ensure that all employers on the workplace are aware of pre-existing workplace hazards ▪ ensure that workplace safety meetings are held and documented ▪ co-ordinate all health and safety activities ▪ complete a Notice of Project and submit it to the Workers' Compensation Board ▪ maintain a workplace map that shows where various employers are working, where first

aid is located, the emergency transportation system for injured workers, and the evacuation marshalling points

▪ have the written procedures to protect the health and safety of the workers on the workplace, ensuring that the hazards are addressed throughout the duration of the work activity

▪ Knowledgeable of Part (3) of Workers Compensation Occupational Health and Safety Regulations.

Other Contractors:

Other contractors are responsible to deliver to the prime contractor’s qualified coordinator the name of the person who supervises their workers.

On a construction workplace, the contractors must designate a Qualified Person to be responsible for the contractor's health and safety activities. The contractor must give the name of this Qualified Person to the prime contractor.

The City of Penticton Supervisors: Supervisors are responsible to know the safety program that the prime contractor has in place to eliminate or control workplace hazards. The supervisors must ensure that all the City of Penticton workers comply with this plan. If supervisors become aware that the program is not controlling workplace hazards, they must remove the workers under their control from any danger and notify the Contract Administrator.

The City of Penticton Workers: Workers must comply with the workplace safety program of the designated prime contractor.

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7. Program Details This program is designed to help ensure that when contractors are working on a municipal workplace, the work is performed safely and there is no unnecessary increase in liability for the City of Penticton as a result of their actions. Situation Identification There are two types of situations where workers of another employer are performing duties on the City of Penticton workplace. The first of these, and most difficult for the organization to control, are workers who are not performing contract work for the City of Penticton. They may include the workers of a utility company, a government agency or Service Company. The typical example might be workers of a gas utility company who have set up traffic control to do repair work on the gas distribution system. They are on a municipal workplace, and the City of Penticton workers may be working on the same workplace. It is the responsibility of the City of Penticton to ensure that the workplace is safe and that all workers, including contractors and their employees, are aware of the workplace hazards of which the organization has knowledge as owners of the workplace. As long as there are no interactions, or overlap between workplaces that would create hazards for the workers of the contractor or for the workers of the City of Penticton, there is no further action required The second situation is one that the organization is most familiar with. This is a situation where a contractor has come onto a municipal workplace to perform work for the City of Penticton. In this situation, there is still the responsibility to ensure that the workplace is safe, and that the contractor is aware of pre-existing hazards. The regulation (118) determine if this is a single employer workplace or a multiple employer workplace, and to decide whether or not there should be a prime contractor. Pre-contract Hazard Assessment Contractors must be made aware of all of the pre-existing workplace hazards that may affect their workers. Often this seems like common sense, but lack of documentation of the process of identifying workplace hazards can create problems. A workplace hazard identification must be completed prior to putting a project out to tender. This will be performed by the Contract Administrator. Hazard identification should include, but not be limited to, workplace access difficulties, confined spaces, chemical exposures, excavations, work at heights, lockout, electrical hazards, asbestos, temperature extremes, noise, workplace hazardous materials, and traffic. Any other workplace hazards must also be identified. Providing methods to eliminate or control workplace hazards will include providing the contractor with the City of Penticton safety program and procedures. If the contractor is going to do work that is not covered by the safety program, it is important that once the hazards are identified, the contractor provides the written procedures for the work. Day Labour On occasion, a contractor will come onto a municipal workplace and will perform work without subcontractors, in co-operation with workers of the City of Penticton. In the past there have even been some situations where workers of the City of Penticton supervised the contract workers. In other cases a supervisor has been hired on contract to oversee the activities of the

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contractor. In both these situations the City of Penticton accepts a significant amount of liability. As a result of amendments to the WCB OHS Regulation, it is very important to determine whether or not these contractors should be designated as prime contractors. If they are not designated as prime contractors, the City of Penticton may be liable for violations of the WCB OHS Regulation by the contractors. Even if they are designated as prime contractors, supervision of the contract workers by a City of Penticton supervisor can make the City of Penticton liable for any violation of the WCB OHS Regulation. It is the policy of the City of Penticton that all day labour contracts will be reviewed by the Division Supervisor to determine how they will be supervised. Multiple Employer Workplaces Multiple employer workplaces are created when the workers of two or more employers are working at the same location. They do not have to both be working all of the time. If they are both at the workplace and the activities of either employer can affect the health and safety of workers of the other employer, then the workplace becomes a multiple employer workplace. This is true even if the workers on the workplace are workers of the contractor and the City of Penticton. When the City of Penticton has contractors on a multiple employer workplace, there is a requirement for coordination of activities. This coordination role can be fulfilled by the Division Supervisor, or it can be delegated to a contractor, who is designated as prime contractor in writing. Contractors must give the Division Supervisor or the prime contractor the names of the individuals who will be supervising their workers. On a construction workplace, contractors must also give the name of the Qualified Person who will be responsible for their health and safety program. Prime Contractor Designation In the past contracted work was much simpler than it is today. A project was developed and put out to bid. The successful bidder hired other contractors. These contractors were subcontractors to the successful bidder. In these cases the successful bidder was usually referred to as the principal or prime contractor. As a result of amendments to the WCB OHS Regulation, it is now very important that the City of Penticton makes a conscious decision whether or not to designate a contractor in writing as the prime contractor. The decision on whether or not to designate a prime contractor rests with the Contract Administrator who will maintain a corporate policy on the issue.

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The responsibility for coordination of activities on the workplace, and for ensuring compliance with the WCB OHS Regulation will rest with the prime contractor. Typical contract language to designate a prime contractor is in Appendix “C”. It is also very important that these contractors are made aware of all of the pre-existing workplace hazards that might put their workers at risk. They must also be given the information that they need on how to eliminate or control those hazards. The City of Penticton may decide, at any time, to appoint a prime contractor on a single employer workplace. The City of Penticton can also appoint one contractor to be the prime contractor on a multiple employer workplace. If the City of Penticton appoints a prime contractor the affected contractor(s) will be given written notice. Workplace Safety Requirements of the Prime Contractor The prime (and other) contractor(s) has the responsibility to reduce incidents within its workplace. There is also a responsibility to make sure that everybody on the workplace obeys WCB OHS Regulations. The prime contractor must direct and co-ordinate the work activities related to the health and safety of all contractors and any other workers on the workplace. The prime contractor will have a supervisor readily available at the workplace. This supervisor will have the necessary skills, qualifications and experience to co-ordinate the health and safety activities of the workers. The prime contractor will obtain from the organization written information on hazards and conditions and the methods to address the hazards and conditions and will circulate this information. The prime contractor is responsible for ensuring first aid facilities are provided and maintained on the workplace in accordance with Part 33 of the WCB OHS Regulation. The prime contractor will take all reasonable steps to ensure that the occupational health and safety activities of all Contractors and their workers comply with the WCB OHS Regulation. The prime contractor will immediately give to the Contract Administrator, the name of any contractor who does not co-operate, assist or do what the qualified co-ordinator requires regarding co-ordination of health and safety activities within the workplace. Workplace Safety Requirements of All Contractors Prior to starting any work on the workplace, the Contractor must have its own Contractor Safety Program and must make sure the safety program meets the requirements of Part 3 of the Workers’ Compensation Act and Part 3 of the WCB OHS Regulation. On non-construction workplaces, the Contractor will make sure there is a supervisor on the workplace who has the necessary skills and experience to run the Contractor's Safety Program. At the start of work, the Contractor will provide the Contract Administrator in writing, the names of all supervisors. The Contract Administrator or prime contractor must be immediately informed of any changes. They must also be knowledgeable of Part 3 of the Workers Compensation regulations.

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The Contractor must:

▪ Ensure that a Joint Committee is formed for the workplace if required by the WCB OHS Regulation, and that the activities of the Joint Committee meet the requirements of the WCB OHS Regulation.

▪ Advise the Contractor Administrator or Prime contractor, of any incidents that occur at the workplace that must be reported to the Workers' Compensation Board.

▪ Inform all persons working on the workplace of the health and safety requirements at the workplace.

At all times the contractor will ensure that its workers and subcontractors, and all other workers coming onto the workplace comply with:

▪ The WCB OHS Regulation ▪ The contractor's safety program ▪ The Contract Administrator (or prime contractor's) safety requirements for the work

activities within the workplace. The contractor will provide occupational health and safety records and documentation to the Contract Administrator or prime contractor. The contractor will follow the directions of the Contract Administrator or the prime contractor on all matters relating to occupational health and safety. The contractor will inform the Contract Administrator or the prime contractor of any information that they require to co-ordinate each employer's work activities within the workplace. Additional Requirements for Construction Workplaces (Required by WCB OHS Regulation Part 20) On construction workplaces the prime contractor will notify the Workers' Compensation Board by a Notice of Project that it is the prime contractor. On construction workplaces, the prime contractor will, at all times, have a qualified co-ordinator readily available at the workplace. This qualified co-ordinator will have the necessary skills, qualifications and experience to co-ordinate the occupational health and safety activities of every employer. Before the work begins, the prime contractor will provide the Contract Administrator with the following information:

▪ A copy of the Notice of Project (for construction projects) ▪ Written confirmation that the prime contractor's safety program is in place ▪ The name of the qualified co-ordinator ▪ Any changes of appointment.

For construction projects, the prime contractor will post a copy of the Notice of Project in prominent locations within the workplace to ensure that all employers know that, as prime contractor, it has responsibility for co-ordinating the work activities related to occupational health and safety matters of all contractors.

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Prime Contractor's Health and Safety Records The prime contractor must maintain all occupational health and safety documentation at one location at or near the workplace and make these documents available to the Contract Administrator. A listing of the required documents is given at Appendix B. The prime contractor will ensure that its qualified co-ordinator collects records of all Joint Committee proceedings at the workplace and distributes them to other qualified persons working within the workplace and to the WCB. In the event of an incident that requires notification to the Workers' Compensation Board, the prime contractor will, at the same time, notify the Contract Administrator about the incident. If requested, the prime contractor will provide information on the progress of the investigation and co-ordinate all responses to requests for information with the City of Penticton. Workplace Safety Coordinator If a prime contractor must agree in writing, the Contract Administer will be the City of Penticton workplace representative and have duties and responsibilities that include but are not limited to the following:

▪ To ensure all contractors are informed of appointment of the prime contractor ▪ To inform the prime contractor that they must be copied in all communications ▪ To monitor the prime contractor's compliance with the safety requirements of the

contract ▪ To ensure that the City of Penticton workers do not direct or supervise any contractor's

workers on the workplace ▪ To receive and/or distribute all necessary documentation ▪ To ensure that all pre-existing hazards of the workplace and procedures for addressing

the hazards are conveyed to the prime contractor

If there is no designated prime contractor on a multiple employer workplace the responsibility to coordinate the activities of the various employers lies with the Contract Administrator. The Contract Administrator will also watch for situations where the work of one contractor or a worker of the City of Penticton could cause a hazard to the workers of another contractor. It is the Contractor Administrator’s responsibility to ensure that these situations are controlled. On construction workplaces, this includes maintaining the location of first aid and evacuation marshalling points. It also includes maintaining the written procedures that will be used to ensure the safety of workers on the workplace. The Contractor Administrator will ensure that contractors coming onto the workplace bring with them their written procedures. If the contractors do not bring written procedures, the Contract Administrator must develop those procedures.

8. Training Requirements Goal No workers will be put at risk, and no liability will accrue to the organization as a result of workers of another employer performing duties on a workplace owned by the organization.

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Objectives As a result of this training, workers and supervisors will:

▪ Understand the organization’s policy on contractor coordination. ▪ Understand the difference between a single employer workplace and a multiple

employer workplace. ▪ Know what their responsibilities are, and understand the responsibilities of other people. ▪ Understand the components of the pre-job hazard assessment. ▪ Understand the requirements for coordination and supervision on day labor jobs.

Summary of Training

▪ Why workplace safety coordination is necessary ▪ The responsibilities for workplace safety coordination ▪ How to determine if workplace coordination is required ▪ The effects of the Workers’ Compensation Amendment Act on contractor coordination ▪ The definitions used in the contractor coordination program ▪ When to designate a prime contractor ▪ The differences between construction workplaces and other workplaces for contractor

coordination ▪ Typical hazards that must be addressed ▪ How to perform pre-job hazard assessment ▪ Definitions and concerns on day labour jobs ▪ How to complete forms and documentation ▪ Correct responses to typical situations

9. Program Maintenance Annual review of this program will focus on the number of situations when other employers were on the organization’s workplace, and whether any liability accrued to the organization as a result.

10. Documentation The documentation for this program includes:

▪ Contract template that includes language concerning prime contractor ▪ Safety program with names or positions of those responsible for coordination ▪ Pre-job hazard assessments ▪ Completed reviews of contractor safety programs ▪ Documentation of discussions with contractors regarding supervision

11. Appendices (following pages)

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Appendix A OVERVIEW OF OCCUPATIONAL HEALTH AND SAFETY PROGRAM CONTENT

WCB OHS Regulation 3.3 defines the contents of an Occupational Health and Safety Program. The program must include the following: ▪ Policy ▪ Inspection of Premises and Work Practices ▪ Written Instructions to Supplement the WCB OHS Regulation ▪ Management meetings ▪ Investigation of Incidents ▪ Maintenance of records and statistics ▪ Joint Committee ▪ Instruction and Supervision of Workers ▪ Occupational First Aid services and equipment ▪ Workplace Hazardous Materials Information System

Policy

The policy must define the employer's aims and clearly state the responsibilities of the employer, managers, supervisors and workers. Inspection of Premises and Work Practices Direction must be given for the provision regular inspection of the premises, equipment, work methods and work practices, including specific instruction that states the intent of inspections, who is to inspect, what is to be inspected, inspection frequency and who conducts the inspection. Written Instructions There must be appropriate written instructions to supplement the WCB’s Occupational Health and Safety Regulation and copies of the instructions must be made available for reference by all employees. Management Meetings Provision must be made for holding periodic meetings for the purpose of reviewing safety and health activities and incident trends, and to determine necessary courses of action. Investigation of Incidents There must be direction for the prompt investigation of incidents. The instructions must state what to report to the WCB, which incidents to investigate, who is to investigate, the intent of the investigation, and the content, distribution and follow-up of reports. Maintenance of Records and Statistics Instruction must be given to maintain records and statistics that include reports of inspections and incident investigations. Provision must be made for making this information available to the Joint Committee, an officer of the WCB, the union representing the workers or where there are no union, workers at the place of employment.

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Joint Committee Provisions must be made for the establishment and maintenance of a committee. The instructions must state committee membership, function and detailed duties. Instruction and Supervision of Workers Provision must be made for instruction and supervision of workers in the safe performance of their work. Of particular importance is new worker orientation, regular safety talks, addressing specific job/task hazards at all levels and ensuring supervisors are knowledgeable of their safety and health duties and responsibilities.

Occupational First Aid Services and Equipment Written instruction must be provided that direct the occupational first aid services and equipment to be provided, requires a treatment record book to be maintained, and that states how to summon a first aid attendant and how to report injuries. Workplace Hazardous Materials Information System There must be written instructions that assign responsibility for the program, provide direction on maintaining material safety data sheets and labels, and detail the education and training to be provided.

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Appendix B RECORDS TO BE MAINTAINED AND AVAILABLE The documents required to be maintained and available by the prime contractor will include, but will not be limited to:

▪ The prime contractor's safety program ▪ All notices which the prime contractor is required to provide to the Workers'

Compensation Board by the WCB OHS Regulation ▪ Any written summary of remedial actions taken to reduce occupational safety and health

hazards within the area of responsibility ▪ All directives and inspection reports issued by the Workers' Compensation Board ▪ Reports on incidents occurring within the prime contractor's area of responsibility for

which notification to the Worker's Compensation Board is required ▪ Records of all safety meetings held between contractors and their workers ▪ Records of workplace safety and health orientation ▪ Written evidence of' inspections within the workplace ▪ Occupational first aid records ▪ Worker training records

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Appendix C CONTRACT LANGUAGE FOR HIRING MUNICIPAL CONTRACTORS

The following checklist should be used when designing contract language that outlines the responsibilities of prime contractors and other contractors on the organization’s workplaces: 1. The contractor should be required to perform the services to a standard acceptable to the

Municipality. 2. If a notice of project is required, the contractor should be required to send it to the Workers

Compensation Board. 3. The contractor should be required to ensure compliance with the WCB OHS Regulation and

Workers’ Compensation Act. 4. The contract should note that any failure to meet the safety requirements of the contract

would result in cancellation of the contract. 5. The contractor must be required to have in place a written safety program and written safe

work procedures specific to the work being performed. 6. There should be a requirement that the safety program and all written safe work procedures

are available at the workplace prior to the commencement of the work. 7. The contractor must be a registered firm with the WCB and in good standing. 8. The contract should require that the contractor provide occupational first aid services. 9. If a contractor is designated and must agree to be prime contractor, the workplace safety

requirements for the prime contractor from this program should be part of the contract. 10. If a contractor is designated prime contractor, the requirements for the designated qualified

safety co-ordinator, from this program, should be part of the contract. 11. There should be a requirement that the contractor have toolbox safety meetings at least

weekly and formal safety meetings monthly, with minutes forwarded to the Corporation.

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Appendix D REVIEW OF CONTRACTOR SAFETY PROGRAM Date: ________________________ Contractor: ___________________________________

Reviewed by: ____________________________ Job Title: _________________________

To comply with WCB OHS Regulation the following elements of a basic Contractor’s Safety Program must be present and functioning:

▪ Policy statement ▪ Inspection of premises ▪ Supplementary instructions ▪ Management meetings ▪ Investigation of incidents ▪ Records and statistics ▪ Joint Committee ▪ Instruction and supervision of workers ▪ First Aid ▪ WHMIS

Confirmation of elements

Element

Confirmed

Policy The policy clearly states the employer's aims and the responsibilities of the employer, managers, supervisors and workers.

present

Inspection of Premises Provision for Regular inspection of the premises, equipment, work methods and work practices, including specific instruction that states the intent of inspections, who is to inspect, what is to be inspected and inspection frequency

present

Written Instructions Appropriate written instructions to supplement the WCB Occupational Health and Safety Regulation. Copies of the instructions must be made available for reference by all employees.

present

Management Meetings Provision for holding periodic meetings for the purpose of reviewing health and safety activities and accident trends, and for determining necessary action.

present

Investigation of Incidents Provision for the prompt investigation of accidents including what to report to the WCB, which accidents to investigate, the intent of the investigation, and the content, distribution and follow-up of reports.

present

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Element

Confirmed

Records and Statistics Instruction is given to maintain records and statistics that include reports of inspections and incident investigations, and making this information available to the Joint Committee and workers.

present

Joint Committee Provisions is made for establishing and maintaining a committee including membership, function and detailed duties

present

Instruction of Workers Provision is made for instruction and supervision of workers in the safe performance of their work.

present

Occupational First Aid Services and Equipment Written instructions directing the services and equipment to be provided, the maintenance of a treatment record book, the procedure to follow to summon a first aid attendant and the reporting of injuries.

present

Workplace Hazardous Materials Information System Written instructions that assign responsibility for the program, provide direction on maintaining material safety data sheets and labels, and detail the education and training.

present

Notes/Follow-up:

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Appendix E CONFIRMATION OF RESPONSIBILITIES (Discussion with Contractor Supervisor/Coordinator)

Date: ________________________ Meeting Location: _________________________________

Contractor: _________________________________________________________________

Contractor Rep.: _____________________________ Job Title: ______________________

City of Penticton Rep.: ________________________ Job Title: ______________________

Acknowledges the appointment yes no Understands that in any conflict of directions, WCB OHS Regulation and/or the Act shall prevail

yes no

Understands and will direct that all supervisors/coordinators must immediately report any apparent conflict as described above

yes no

The supervisor shall immediately notify the City of Penticton of any reported conflict.

yes no

Has requested and received information to eliminate or control hazards to the health and safety of persons at the workplace

yes no

Has conducted an inspection of the workplace to verify the presence of any hazards

yes no

Will communicate hazards to any persons who may be affected and ensure that appropriate measures are taken to effectively control or eliminate the hazards

yes no

Accepts that written documentation (e.g. notes, records, inspections, meetings etc.) on all health and safety issues must be available upon request to the City of Penticton and/or to a Board officer at the workplace

yes no

Will confirm that all workers are suitably trained and competent to perform the duties for which they have been assigned

yes no

Safety orientation of all new workers will be conducted yes no Contractor’s written Safety Program has been provided yes no Meetings to exchange any safety issues, concerns, hazards or safety directives will be conducted weekly (or more often if required)

yes no

Before the commencement of work, crews will attend a daily crew safety meeting

yes no

The supervisor has assessed and will coordinate the first aid requirements yes no Transport of Injured Worker procedure is established yes no WCB Clearance Letter required prior to start of work (Good Standing) yes no Notes/Follow-up: Contractor Rep. __ City of Penticton Rep: _____ Signature Signature

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APPENDIX C Traffic Management Plan

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Traffic Management Plan: 1.0 General Requirements:

1.1 The contractor shall submit and maintain a Traffic Management Plan (TMP) to minimize inconvenience and maximize safety for local residents, business operators, emergency services, and institutional properties. The TMP must meet all the guidelines as described in the Ministry of Transportation (MoT) Traffic Control for Work in Roadways (Latest Edition). The TMP shall ensure commercial and private driveway accesses are maintained and safe travel lanes are available at all times.

1.2 The Contractor shall be responsible for protecting and/or removing and returning to the City Yards, all

existing street signage except stop signs. The Contractor will ensure that stop signs remain visible at all times. Damage to existing signage will be at Contractor’s cost. The City will be responsible for the re-installation, as necessary, of all signage with a minimum 3 days of notice from the Contractor.

1.3 Dust control will be done at regular intervals to minimize the impacts of dust in the air. Dust control

shall be done during work hours, after work hours, on weekends, and on holidays. The Contract Administrator or Site Inspector can direct, at any time, the Contractor to perform dust control measures if they deem level of current dust control to be inadequate. Failure by the Contractor to provide acceptable dust control measures will result in correction by City forces at the Contractors cost.

1.4 Traffic control devices deployed overnight must have high intensity or diamond grade reflective

qualities and flashing beacons. Traffic Control Persons shall be used where equipment enters or exits the work area.

2.0 Traffic Control Supervisor:

2.1 The Contractor shall designate a Traffic Control Supervisor responsible for site safety (pedestrian, and

vehicular) with specific training as identified in the MoT Traffic Control Manual. The Traffic Control Supervisor and Site Inspector will review signage identified in the Contractor’s TMP prior to construction at each work zone and then on a daily basis at the start and end of each work day. The Traffic Control Supervisor shall maintain a Traffic Control Log Book as required by the MoT Manual to facilitate a safe traffic control system for dynamic and static construction zone operation.

3.0 Access:

3.1 The Contractor shall not close roads any roads unless approval in writing is given by the Contract

Administrator.

3.2 The Contractor shall not obstruct or close roads on bus routes within the City unless approved by the Contract Administrator. The Contract Administrator must be notified one week prior to any pending closures by the Contractor. No BC Transit bus shall be delayed more than 5 minutes in its movements through any construction zone. A copy of the Bus routes has been included in this document. The contractor is required to obtain scheduling for each route affected. If it is required that BC Transit busses be diverted around construction zones, than the Contractor shall provide the Contract Administrator a plan of the temporary bus route.

3.3 The Contractor shall not delay school busses in their movements through any construction zone. 3.4 The Contractor shall retain 2 – 1.5m x 3.0m, H-20 Traffic Load related steel plates on site for any

emergency or other immediate trench or excavation crossing for access needs.

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3.5 Access for local traffic shall be maintained at all times except when work is proceeding directly

adjacent to a property and access disruption is unavoidable. Suitable access shall be defined as a bladed surface that provides a comfortable ride sufficient to accommodate a standard two-wheel drive vehicle at a speed of 20 km/h. Failure by the Contractor to provide an acceptable surface will result in correction by City forces at the Contractors cost.

3.6 Sidewalks must be kept in a safe, clean condition and open to pedestrian, scooter and wheelchair

traffic. The Contractor will make provision at all times for adequate separation between the public and work area hazards, whether active or inactive, such as construction equipment, excavations and materials by means of delineation, barricades and fencing.

3.7 If a sidewalk must be closed due to required works in the sidewalk, then sidewalk closed signs shall be

installed at the next nearest crossing points indicating that the sidewalk is closed due to construction and pedestrian traffic can be diverted. If there are business on the sidewalk that is being closed it must be made clear on all signs that business are still open and safe access must be provided during business hours.

4.0 Construction Signage:

4.1 The Contractor shall install construction signage to notify residents and businesses one week prior to

the start of construction. The following is an example of what is required to be included on the signs. The signs must include the Street Name, what is being completed (water main, paving etc.), the expected duration of construction, the Contractors contact phone number and the City’s contact phone number. The Contractor shall submit proofs of each sign to the Contract Administrator for approval prior to manufacture and installation of each sign. The Contractor shall install one sign at the beginning and end of each project.

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City of Penticton Traffic Management Plan Page 3 of 8

5.0 Access Disruptions and Notifications: 5.1 The Contractor shall be responsible for hand delivery of any notices required for utility shut downs,

road closures, access disruptions, and scheduling. The Contract Administrator will be responsible for Radio and newspaper ads.

5.2 The content and form of any written notifications shall be reviewed and approved by the Contract

Administrator prior to delivery. Notifications shall be submitted to the Contract Administrator one week in advance for review and approval.

5.3 Hand delivered public notifications/communications related to the implementation of the TMP, any

service shut down or access disruption notifications, all specified temporary traffic control signage, barriers, and flag persons are the responsibility of the Contractor and are to be included within the payment item for traffic regulation.

5.4 The Contractor shall provide residents and business one week notice in advance of any construction

on any street. 5.5 The Contractor shall provide residents and businesses 48 hours of notice in advance of any planned

disruption to vehicular and/or pedestrian property access. 5.6 The Contractor shall provide residents and businesses on streets that will be used as detour routes 48

hours of notice in advance. 5.7 The Contractor shall provide daily notifications and coordination as required with all emergency

services (Police, Fire, Ambulance) and public services including Transit, garbage collection, Canada Post, etc.

6.0 Special Events:

6.1 A list of special events has been included in this document. All known events, their tentative dates,

and primary contact info has been listed for use by the Contractor. These events will be incorporated into the construction schedule and TMP. The special events listed, event road closures, and routing map of events are subject to change. The Contractor will be responsible to liaise with the City and event organizers concerning each event and accommodate any changes that may arise.

7.0 Road, Lane, & Intersection Closure General Requirements:

All road, lane, and intersection closures must meet the following requirements. Exceptions to these requirements for specific streets and intersections are listed in The Instructions to Tenderer 4.4. Any time there are lane or intersection closures Traffic Control Personnel

7.1 The Contractor shall maintain one lane of alternating traffic on all two lane roadways at all times. The

maximum delay time shall be limited to 5 minutes.

7.2 All two lane roads shall be opened for two way traffic at the end of each work day, overnight, on weekends, and during holidays. The condition of the travel lanes at the end of the day will be a bladed surface that is free of potholes, ruts, washboarding and bumps. The road surface shall provide a comfortable ride sufficient to accommodate a standard two wheel drive vehicle at a speed of 30 km/h.

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City of Penticton Traffic Management Plan Page 4 of 8

7.3 The Contractor shall maintain two lanes of traffic (one in each direction) on all four lane roadways at all

times. The maximum delay time shall be limited to 5 minutes.

7.4 All four lane roads shall be opened for all travel lanes at the end of each work day, overnight, on weekends, and during holidays. The condition of the travel lanes at the end of the day will be a bladed surface that is free of potholes, ruts, washboarding and bumps. The road surface shall provide a comfortable ride sufficient to accommodate a standard two wheel drive vehicle at a speed of 30 km/h.

7.5 The Contractor shall maintain one lane of traffic in all directions in all intersections. The maximum

delay time shall be limited to 5 minutes.

7.6 The Contractor can, upon written request and approval by the Contract Administrator, close a road or intersection to through traffic for construction. Written requests for closures must be submitted one week in advance for review and approval by the Contract Administrator. Local and emergency access on all closed roads shall be maintained at all times. The condition for access for the local traffic shall be bladed surface that is free of potholes, ruts, washboarding and bumps. The road surface shall provide a comfortable ride sufficient to accommodate a standard two wheel drive vehicle at a speed of 20 km/h. Roads that have been permitted to be closed shall be opened at the end of each work day and safely passible for two lanes of traffic.

7.7 The Contractor shall provide descriptions and maps of planned road and intersection closures,

detours, and signage. All signage and required detours are to be in place prior to approval of a road closure.

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City of Penticton Traffic Management Plan Page 5 of 8

City of Penticton Truck Routes

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City of Penticton Traffic Management Plan Page 6 of 8

City of Penticton Bus Routes (Daytimes)

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City of Penticton Bus Routes (Nighttime Route 15)

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City of Penticton Bus Routes (Naramata Route 10)

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