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District of Sechelt

Request for Proposal #2019-12

Roof Replacement for the Sechelt Justice Building

Date of Issue: June 5, 2019

Closing Location:

District of SecheltAttention: Procurement Agent2nd Floor, 5797 Cowrie Street

Sechelt, BC, V0N 3A0

Closing Date and Time:

Proposals must be received on or before June 27, 2019 2:00 pm Pacific Time at 2nd Floor, 5797 Cowrie St., Sechelt, BC.

Contact:

All inquiries must be directed in writing via email, stating “RFP #2019-12 – Roof Replacement for Sechelt Justice Building—Inquiry” to:

Procurement Agent, District of SecheltEmail: [email protected]

mailto:[email protected]

RFP #2019-12 – Roof Replacement for the Sechelt Justice BuildingRequest for Proposal

TABLE OF CONTENTS1. Overview…………………………………………………………………………………………………….4

1.1. Background............................................................................................................................................41.2. Definitions..............................................................................................................................................51.3. Project Specific Amendments................................................................................................................5

2. Scope of Work & Specifications………………………………………………………………………..82.1. Budget for Project/Purchase..................................................................................................................82.2. Scope of Work:......................................................................................................................................8

3. Instructions to Proponents…………………………………………………………………………….103.1. Proponent Responsibilities..................................................................................................................103.2. Method of Submission.........................................................................................................................103.3. Proponent Expenses...........................................................................................................................113.4. Acceptance and Rejection of Proposals..............................................................................................113.5. Inquiries Related to this RFP...............................................................................................................113.6. Withdrawal...........................................................................................................................................11

4. Evaluation Process and Award………………………………………………………………………..124.1. Evaluation Team..................................................................................................................................124.2. Evaluation Process and Methodology.................................................................................................12

5. General Terms and Conditions………………………………………………………………………..145.1. FORM OF OFFER...............................................................................................................................145.2. INDEMNITY.........................................................................................................................................145.3. INVOICING & PAYMENTS..................................................................................................................145.4. EXTRAS..............................................................................................................................................155.5. IRREVOCABLE SUBMISSION............................................................................................................155.6. TIME IS OF THE ESSENCE...............................................................................................................155.7. ASSIGNMENT.....................................................................................................................................155.8. RESERVATION OF RIGHTS..............................................................................................................155.9. ACCEPTANCE OF TERMS.................................................................................................................165.10. PROPONENT’S RESPONSIBILITY....................................................................................................165.11. EVALUATION......................................................................................................................................165.12. AWARD OF AGREEMENT..................................................................................................................165.13. INSURANCE & WORKERS COMPENSATION..................................................................................165.14. COLLUSION........................................................................................................................................175.15. LIABILITY OF ERRORS......................................................................................................................175.16. LAW.....................................................................................................................................................175.17. CONFLICT OF INTEREST & SOLICITATION.....................................................................................175.18. DEFAULT & TERMINATION...............................................................................................................185.19. FORCE MAJEURE (ACT OF GOD)....................................................................................................185.20. CONFIDENTIALITY.............................................................................................................................185.21. RIGHT TO DO WORK.........................................................................................................................185.22. WORKERS & SAFETY........................................................................................................................185.23. ADVERTISEMENT..............................................................................................................................195.24. BYLAW................................................................................................................................................195.25. SUBCONTRACTORS..........................................................................................................................19

Appendix A – Contract Form………………………………………………………………………………..21Appendix B – Proposal Form……………………………………………………………………………….22

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Appendix C – Proponent Registration Form……………………………………………………………..23

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1. OVERVIEW

The District of Sechelt (the “District”) is requesting Proposals for the removal of the existing roof and the supply and installation of a new 2-ply, torch on roof at the Sechelt Justice Building (“Building”). The Building is located at 5800 Teredo Street in Sechelt, British Columbia.

The District expects the successful Proponent (“Contractor”) to have the following qualifications:

a) Have completed at least three (3) projects, within the past five (5) years, including experience with torch applied experience for similar requirements, including one (1) reference where the work was completed in a facility that was in use by the owner’s employees and patrons;

b) Be licensed to carry on business in the province of British Columbia;c) Have the Work performed by qualified roofing and sheet metal trades with tickets to work in

British Columbia; andd) Provide a minimum of five (5) years of warranty.

This Request for Proposal (“RFP”) is being issued electronically through BC Bid (www.bcbid.gov.bc.ca), CivicInfo BC (www.civicinfo.bc.ca) and the District’s website (www.sechelt.ca).

1.1. Background

The District of Sechelt is located on the west coast of British Columbia (“BC”) approximately 67 kilometres (“km”) north of Vancouver. The region, known as the Sunshine Coast, includes approximately 3900 square km on the Sechelt Peninsula surrounded by the waters of the Strait of Georgia, Howe Sound, and Sechelt Inlet. The Sunshine Coast does not have an overland route to the BC mainland and is dependent on the BC Ferry Corporation for the movement of vehicles or by barge for other items. A passenger ferry service runs between Horseshoe Bay and Langdale in the south and a smaller passenger service between Earl’s Cove and Saltery Bay in the north.

The Sechelt Justice Building was completed in 2003 and is 25,000 square feet in size. This stand-alone building houses two (2) separate clients with a complex set of special guidelines and circulation systems, which placed great demands on the creativity of the design and client team. The building provides approximately 15,000 square feet of Royal Canadian Mounted Police (“RCMP”) space including administrative offices, general duty offices, multipurpose rooms, secure storage and area functions which are shared with the sheriff's department. The courthouse level, approximately 10,000 square feet, provides one (1) main courtroom, two (2) courtroom/family settlement rooms, court registry, crown council, sheriff's services, judicial chambers and victim services offices. The building has been designed to incorporate many principles of "green" building technology and provide the client with a building that is environmentally sustainable as well as economically sound. Building shape, orientation, natural daylighting, a green roof, an "earth-energy heat-sink system" which was removed in 2017 and will not be replaced. The Building is a public facility occupied up to 24 hours per day with public access to the reception area from 8:00 am to 5:00 pm from Monday to Friday. Strict security of the detachments must always be maintained, whether occupied or not.

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http://www.sechelt.ca/

http://www.bcbid.gov.bc.ca/


The Sunshine Coast Detachment of the RCMP provides 24-hour police service with their policing area spans 381,023 hectares from Port Mellon to Egmont. According to Statistics Canada, the population of the Sunshine Detachment policing area is nearly 30,000 (2016 Census).

1.2. Definitions

Throughout this RFP the following definitions apply:Term Definition

“24/7” Means twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year.

“Addendum” or “Addenda”

means document(s) issued by the District as a supplement to this RFP that corrects errors, explains inconsistencies, provides clarifications or responses to questions submitted by Proponents or otherwise details or updates information provided in the RFP.

“Agreement” means a legal document and any attachments that bind the District to other parties, subject to the terms of the RFP.

“Business Days” Means Monday through Friday, inclusive, excluding statutory holidays. “Closing Date and Time” Means the closing date and time as set out on the cover page of the RFP.“District” Means the District of Sechelt, BC. “MB” Means megabyte, which is equal to 1024 kilobytes or 1,048,576 bytes of

digital information.“Must,” “Shall,” or “Mandatory”

Means a requirement of this RFP that must be met in order for a Proposal to receive consideration.

“Proponent” Means an individual, partnership or company that submits, or intends to submit, a Proposal in response to this RFP.

“Proposal” Means a response/submission provided by a Proponent in response to this RFP.

“RFP” Means this Request for Proposal, including all appendices, schedules and addenda.

“Should” Means a requirement having a significant degree of importance to the objectives of this RFP.

“USB stick” Means an external flash drive that can be used with any computer that has a USB port.

1.3. Project Specific Amendments

The following are project specific amendments to the District’s standard clauses.

1.3.1. Schedule of EventsThe following table outlines the anticipated schedule for the Request for Proposal and contract process. The District may vary the timing or the sequence of events. The times identified in the table are in Pacific Time.

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Event Anticipated Time (Pacific Time)RFP Available June 5, 2019Site Visit # 1 (see section 1.3.2) 1:00 p.m., June 12, 2019Site Visit # 2 11:00 a.m., June 18, 2019Enquiries Deadline 2:00 p.m., June 20, 2019Closing Date and Time 2:00 p.m., June 27, 2019Reference checks conducted Week of July 8, 2019Proponents Notified July 12, 2019Contract Execution July 19, 2019Contract Commences July 22, 2019Substantial Performance of the Work October 24, 2019Final Completion with All Deficiencies Corrected October 31, 2019

1.3.2. Site VisitsTwo (2) site visits will be held on the date and time specified above in section 1.3.1. To obtain the meeting location details for Site Visit # 1, or Site Visit # 2, Proponents are to complete and return the Proponent Registration Form (Appendix C).

The purpose of the site visits is to provide a tour of the Building and to address any questions Proponents may have about this RFP’s scope of work and/or the procurement process. The discussions will not be recorded and/or transcribed, and the verbal information disclosed at the site visits does NOT form a part of this RFP.

During the meeting(s), the District may request questions to be submitted for a formal response or expressly incorporate any discussion items into the RFP by Addendum. Questions of a complex nature, or questions where the Proponent requires anonymity, should be emailed, prior to the meeting, to the Contact Person. The submitted questions will be discussed during the site visit(s) and formal responses will be provided through Addendum. Proponents must rely solely on the terms of this RFP and any Addenda issued by the District in the preparation of their Proposals.

It is the Proponent’s responsibility to:a) visit the site to under this RFP’s requirements before submitting a proposal; and b) ensure they have a complete set of the RFP documents including any and all Addenda. All Addenda will be

available on the BC Bid website: www.bcbid.gov.bc.ca , CivicInfo BC and District’s websites.

Proponents must attend one (1) of the following events: Site Visit #1 Site Visit # 2

Proponents are not required to attend all events; however, it is a Mandatory Criteria (Section 4.2.1) they must attend one (1) of the events.

1.3.3. Proponents’ PackageThe following documents (referred to as “Proponent’s Package”) are available to Proponents who submit an executed Appendix C – Proponent Registration Form:

a) Locations for Site Visit # 1, and # 2; b) Pictures of the roof,c) Blueprints showing the roof details

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1.3.4. Additional Terms and ConditionsIn addition to the District’s General Terms and Conditions set out in section 5, the following terms and conditions apply to this RFP:

1.3.4.1. Security Requirement

1.3.4.1.1. Bid Bonda) Proponents are to ensure their proposal is accompanied by a bid bond in the amount of ten percent

(10%) of the proposed price. Certified cheques and guaranteed letters of credit will not be accepted.

b) Ensure the bid bond is issued on a CCDC 220 Bid Bond form or other form approved by the Surety Association of Canada and issued by a Surety acceptable to the District.

c) If a Preferred Proponent declines to enter into a Contract within the period set out in this RFP, or a further agreed period of time, the Preferred Proponent and surety will be required to pay to the District a sum equivalent to the difference between the Preferred Proponent’s price and the accepted proposal’s price or ten percent (10%) of the Preferred Proponent’s price, whichever is the lesser.

1.3.4.1.2. Performance Bonds and Labour and Material Payment BondsThe successful Proponent agrees to:

a) Provide a Performance Bond and a Labour and Material Payment Bond, each in the amount of fifty percent (50%) of the Contract price.

b) Provide these bonds within ten (10) working days of contract award. Maintain bonds in good standing until Contract fulfilment. Ensure requirements of GC 12.3 – Warranty are met and payment obligations arising under Contract are made while bonds are still in place.

c) Ensure the Performance Bond is issued on CCDC-221 Performance Bond form, and Labour and Material Performance Bond is issued on CCDC-222 Labour and Material Performance Bond form or other forms approved by the Surety Association of Canada and issued by a Surety acceptable to the District.

d) Include bonding costs in the proposed price.

e) Ensure the oblige on the bonds is the Owner.

1.3.5. Additional DefinitionsIn addition to the Request for Proposal definitions set out in section 1.2 – Definitions, throughout this Request for Proposal, the following definitions will apply:

Term Definition“Building” Means the Sechelt Justice Building. “Preferred Proponent’ Means the highest scoring Proponent after evaluation of the written Proposal.“Work” Means to remove the existing roof and supply and install a new 2-ply, torch on

roof, with peel and stick vapour barrier, with the components and stipulations, and other related works, in accordance with the specifications (see section 2).

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2. SCOPE OF WORK & SPECIFICATIONS

2.1. Budget for Project/Purchase The capital funding for this Project is $250,000.00.

2.2. Scope of Work:

The scope of work under this RFP includes the provision of all necessary materials, labour, tools and equipment to remove the existing roof at the Sechelt Justice Building, located at 5800 Teredo Street, Sechelt, B.C., and supply and install a new 2-ply, torch on roof, with peel and stick vapour barrier, with the components and stipulations, and other related works as specified below.

The Contractor is to adhere to the following specifications:

Table 1 Roof Replacement for the Sechelt Justice Building Specifications

1 Removal and disposal of the existing sheet metal roof flashings, membrane and insulation2 Supply and install 2-ply torch on roof:

The first layer being a minimum 3mm thick base sheet and The second layer being a 4mm cap sheet

3 Supply and install 2 layers of 2” poly ISO roof insulation to replace 4” roof insulation, the butt and side joints of the second layer of insulation to be offset from the first layer

5 Supply and install new insulation cap, overlaid on the insulation and fastened down with large plates and screws into the steel q-deck

6 Supply and install base sheet reinforcement and 1 strip of cap sheet reinforcement at the roof perimeter and at roof penetrations

7 Supply and install new copper drain scuppers to replace the existing8 Supply and install new aluminum hot weld plumbing stack flashings to replace the existing and

complete with new aluminum tops9 Supply and install new heavy 24-gauge pre-painted metal cap flashing at the roof perimeter

edge to replace the existing and complete with new wall flashings10 Maintain a two (2) hour minimum fire watch at the end of each working day, after open flame

roofing application methods have been utilized. All roof areas worked shall be checked for hot spots and signs of smoldering.

11 Caution should be taken when working around roofing openings, penetrations or flashing.12 Have adequate fire extinguishing equipment. There should be at least one (1) 20-lb. multi-

purpose dry chemical fire extinguisher within 20 feet horizontal travel distance of any torch-applied roofing equipment.

13 No propane or combustible liquids are to be left on site and/or any roof areas after the roofing crew(s) vacated the work site at the end of the day.

14 All equipment used for roofing application must be either removed from the work site at the end of the working shifts or the equipment must be secured and rendered immovable and inaccessible, “as is reasonable” to vandals.

15 Observe and enforce construction safety measure required by Part 8 of NBC 1990, Provincial Government, Worker Safe B.C. and municipal statutes and authorities.

16 In the event of conflict between any provisions of above authorities, the most stringent provision will apply.

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17 Ensure no part of the Work is subjected to a load which will endanger its safety or will cause permanent deformation.

18 Comply with all Provincial and local fire safety regulations. The section 5.0.1 Safety Precautions – Torching published in the Roofing Contractors Association of B.C. “Roofing Practices Manual” form part of this specification.

19 Comply fully with all Workplace Hazardous Materials Information System (WHMIS) requirements. In addition, provide to the District, prior to commencement of the work, one (1) complete set of current Material Safety Data Sheets (MSDS) for all materials used on the work site.

20 Do not use equipment and/or supplies that has been damaged or that is need of repair.21 Install metal flashing on penetrations or flashings with a tight fitting felt collar before torching.22 Shut down air conditioning units, exhaust fans and air intake fans in the work area at the roof

control.23 Do not work in an enclosed area where gas can accumulate.24 Follow manufacturer’s recommendation on torching to insulation and recover board surface.25 Supply all protection deemed necessary to grounds, structure and persons involved.26 All materials, roofing or otherwise, to be installed by qualified “BC licensed trades people”.

Roofing crew to have a minimum of sixty percent (60%) journeyman with past experience applying the products specified.

27 All work must be continuous from start to completion as agreed upon, with crews of adequate size and experience prior to start of work.

28 All plumbing, electrical, phone, gas, etc. disconnections and reconnections, both labour and materials are to be included and provided by the Contractor.

29 All damage to plumbing, electrical, phone, gas, etc. due to penetrations of screws, nails, etc. are to be repaired to original standards as required to the satisfaction of the District’s representative. Cost of the repairs is to be include and provided by the Contractor.

30 All damage to the interior or exterior structure or grounds, wall, sidewalks, etc. is to be cleaned, repaired or upgraded to the satisfaction of the District’s representative. Cost of cleaning and restoration work is to be included and provided by the Contractor.

31 Access to the interior of the structure is to be supplied as required to perform work as related to this Contract only. Phones and interior washrooms are not to be used without prior permission of the District’s representative.

32 Provide all on site sanitary requirements to be used by the roofing crew.33 Parking for workmen employed on the Work shall be restricted to the area assigned for the

purpose by the District or authority having jurisdiction.34 All demolished material to be carefully contained and removed by chutes or other approved

means from roof surfaces in order of procedure. Demolished material to be deposited in dust-tight containers and removed from site as soon as possible. Keep general areas clean at all times.

35 All roof areas to be made water-tight as soon as possible before proceeding. No roof membrane and/or tile area to be removed which is greater in area than can be made water-tight under climatic conditions existing at the time.

36 Access to the building roofs is to be confirmed by the District’s representative.37 To minimize order, keep the length of operations to the minimum. Locate odour-producing

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equipment away from mechanical vents, intake ducts and/or prevailing winds which will redirect fumes.

3. INSTRUCTIONS TO PROPONENTS

3.1. Proponent Responsibilities

Proponents are solely responsible for submitting their Proposals on or before the Closing Date and Time specified on the cover page and to ensure their Proposals are received when, where and as specified in this RFP. The District is not responsible for lost, misplaced or incorrectly delivered Proposals.

3.2. Method of Submission

Proposals may be delivered in one (1) of the following two (2) methods only:

a) By hand/courier delivery: Proponents should submit two (2) hard copies and one (1) digital copy of their Proposal on a USB stick (PDF format only) in a sealed envelope/package clearly marked “RFP #2019-12 Roof Replacement for the Sechelt Justice Building—Proposal.” Proposals must be delivered to: The District of Sechelt, 2nd Floor, 5797 Cowrie St., Sechelt, BC;

OR

b) By Electronic Bidding through BC Bid: Proponents should submit one (1) digital copy of their Proposal in accordance with BC Bid instructions.

Only pre-authorized electronic bidders registered on the BC Bid system can be submit an electronic Proposal. Proponents can apply for registration at www.bcbid.gov.bc.ca or call BC Bid Helpdesk at 250-387-7301.

The following Proposals will not be accepted or considered: a) Proposals received by facsimile (fax)b) Proposals received by email;c) Proposals received in a language other than English; andd) Proposals received after the Closing Date and Time.

3.3. Proponent Expenses

Proponents are solely responsible for their own expense in preparing, delivering or submitting a Proposal, and for subsequent negotiations with the District, if any. The District will not be liable to any Proponent for any claims, whether for costs, expenses, damages, losses or liability incurred by the Proponent in preparing its Proposal, loss of anticipated profit in connection with any final Agreement, or any other matter whatsoever.

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http://www.bcbid.gov.bc.ca/


3.4. Acceptance and Rejection of Proposals

The District reserves the right to reject any and all Proposals, or any parts thereof, or to waive any informality or defect in any Proposal if it is in the best interests of the District.

All Proposals, plans and other documents submitted shall become property of the District. Responses to this RFP are considered public information and are subject to disclosure under the Freedom of Information and Protection of Privacy Act.

3.5. Inquiries Related to this RFP

All inquiries must be directed in writing via email only to the District’s Procurement Agent at [email protected]. The subject line must read: “RFP # 2019-12 Roof Replacement for the Sechelt Justice Building —Inquiry.”

No other verbal or written instruction or information shall be relied upon by Proponents, nor will they be binding upon the District.

All inquiries regarding this RFP must be received before the Enquiries Deadline, see Schedule of Events (section 1.3.1).

If an Addendum is necessary, it will be posted on the BC Bid, CivicInfo BC and District’s websites, and shall become part of the RFP. It is the responsibility of Proponents to ensure that they have retrieved any and all Addenda/Addendum issued prior to the Closing Date and Time.

3.6. Withdrawal

Proponents may amend or withdraw their Proposals before the Closing Date and Time by submitting a request in writing via email only to the District’s Procurement Agent at [email protected]. The subject line must read: “RFP # 2019-12 Roof Replacement for the Sechelt Justice Building —Amend/Withdrawal.”

Upon Closing Date and Time, all Proposals become irrevocable and Proponents cannot change any part of their Proposals, unless clarification is specifically requested by the District.

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4. EVALUATION PROCESS AND AWARD

This section outlines the evaluation process for selecting the Preferred Proponent.

4.1. Evaluation Team

The evaluation of Proposals will be conducted by a team consisting of employees and/or contractors of the District.

4.2. Evaluation Process and Methodology

The evaluation process will consist of the following stages:

4.2.1. Stage One – Mandatory Criteria

Proposals not clearly demonstrating they meet the following Mandatory Criteria will be excluded from further consideration during the evaluation.

# Mandatory Criteria

1 Proponent must submit Appendix C – Proponent Registration Form prior to the Site Visit # 2 date (see se ction 1.3.1 ).

2 Proponent must attend one (1) of the following: Site Visit # 1 Site Visit # 2.

3 Proposal must be received before the Closing Time at the Closing Location specified on the Cover Page.

If Proponent decides to submit electronically, the Proposal must be submitted in accordance with BC Bid instructions for electronic bidding* before the Closing Time.

4 Proposal must be submitted in English.5 Proposal must be submitted using the Proposal Form and include a completed Proponent Declaration

Letter (Appendix B).6 Proposal must include a bid bond for ten percent (10%) of the proposed price and a Consent of Surety.

*Only pre-authorized electronic bidders registered on the BC Bid system can submit electronic Proposals.

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4.2.2. Stage Two – Evaluation Criteria

Proposals will be opened in private and will be evaluated against these pre-defined criteria:

# Evaluation Criteria Points Minimum Score

1 Corporate Demonstrated Experience 15 92 Resource Qualifications

Proposed Project Manager Proposed Site Supervisor

20 12

3 Approach, Methodology, and Work Plan Approach and Methodology Work Plan Warranty Resource Substitution Process

25 15

4 Price Fixed Price Assumptions

40 N/A

Total 100Past Performance 5Grand Total for Evaluation Criteria 105

For Proponents who had prior contracts with the District, your performance during the past five (5) years will be considered before the highest scoring Proponent is selected. The District will add five (5) points for excellent performance; zero (0) points for good performance and deduct five (5) points for poor performance.

4.2.3. Stage Three – Reference Checks

The references of the highest scoring Proponent (“Preferred Proponent”) may be contacted to validate any part of the Proposal. The District reserves the right to conduct such independent reference checks or verifications as are deemed necessary by it to clarify, test, or verify the information contained in the Proposal and confirm suitability of the Proponent.

The District will not enter into a Contract with any Proponent whose references, in the District’s sole opinion, are found to be unsatisfactory.

4.3. Award Notification and Debriefing

At the conclusion of the Request for Proposal process, all Proponents will be notified.

Proponents may request a post award debriefing which will be made available, after the Agreement has been executed, at a mutually agreed upon time. Proponents are responsible for all costs and expenses arising from their attendance to a debriefing.

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5. GENERAL TERMS AND CONDITIONS

5.1. FORM OF OFFER

This RFP must be completed in its entirety and it is Proponents’ sole responsibility to ensure that their Proposals and the number of copies in the form required are received on time and at the proper location. Failure to properly complete the requirements of this RFP may cause a Proposal to be rejected. Proposals received after the Closing Date and Time will be returned unopened.

5.2. INDEMNITY

The Proponent agrees to indemnify and save harmless the District, its employees, elected officials, contractors and agents from any loss, claim (including any claim of infringement of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the District or any of the District’s employees, elected officials, contractors or agents may sustain, incur, suffer or be put to at any time, either before or after this Agreement ends, to the extent the loss is directly or indirectly caused or contributed to:

a) any act or omission by the Proponent or by any of the Proponent’s agents, employees, officers, directors or subcontractors in connection with this Agreement; or

b) any representation or warranty of the Proponent being or becoming untrue or incorrect.

The provisions of this indemnity are paramount to any insurance requirements herein and shall survive the term of this Agreement.

5.3. INVOICING & PAYMENTS

Successful Proponents are required to issue invoices to the District for the goods or services that are rendered. Original invoices should be forwarded to the District as follows:

Accounts PayableDistrict of Sechelt

2nd Floor, 5797 Cowrie StreetPO Box 129, Sechelt, BC V0N 3A0

Email: [email protected]

The District has payment terms of net thirty (30) days. Where applicable, the purchase order number assigned, or other meaningful reference/subject matter, must be stated on the invoice, otherwise payment may be delayed.

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5.4. EXTRAS

No payments for extras will be made unless prior written approval or an approved change order has been issued by the District.

5.5. IRREVOCABLE SUBMISSION

Proposals will be open for acceptance for at least ninety (90) days after the Closing Date and Time. The District may request the date to be extended to one hundred twenty (120) days if the process requires more time to execute such as seeking elected officials’ approval.

5.6. TIME IS OF THE ESSENCE

Time shall be of the essence in any Agreement. The District reserves the right to cancel any goods/services if not fulfilled within a reasonable time and in accordance with the terms and conditions specified herein.

5.7. ASSIGNMENT

The Proponent will not assign or transfer its obligations under any Agreement, in whole or in part, without the written consent of the District.

5.8. RESERVATION OF RIGHTS

In addition to any other reservation of rights set out in the RFP, the District reserves the right, in its sole discretion, to:

a) modify the terms of the RFP at any time prior to the Closing Date and Time, including the right to cancel the RFP at any time prior to entering into an Agreement with a Proponent;

b) in accordance with the terms of the RFP, to accept the Proposal(s) that it deems most advantageous to itself;

c) waive any non-material irregularity, defect or deficiency in a Proposal;d) request clarification from a Proponent with respect to its Proposal, including clarification as to

provisions that are conditional or that may be inconsistent with the specifications in the RFP, without any obligations to make such a request to all Proponents;

e) reject any Proposal due to unsatisfactory references or unsatisfactory past performance under Agreements with the District, or any material error, omissions or misrepresentation in the Proposal;

f) at any time, reject any or all Proposals; andg) at any time, terminate the competition without award and obtain the goods and services described in

the RFP by other means, or do nothing.

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5.9. ACCEPTANCE OF TERMS

Submission of a Proposal indicates acceptance of all terms and conditions, including those that follow and that are included in all schedules, appendices and any addenda.

5.10. PROPONENT’S RESPONSIBILITY

It is the Proponent’s responsibility to ensure that the terms and conditions contained herein are fully understood and to obtain any further information required on its own initiative. The District reserves the right to share, with all Proponents, all questions and answers related to the RFP.

5.11. EVALUATION

Proposals will be assessed in accordance with, but not limited to, the evaluation criteria outlined in Section 4. The District will be under no obligation to receive further information, whether written or oral, from any Proponent. The District is under no obligation to perform any investigations or to otherwise verify any statements or representations made in a Proposal.

5.12. AWARD OF AGREEMENT

The District reserves the right to cancel, award all or part of the scope of work described in this document to a single Proponent or may split the award with multiple Proponents.

The RFP shall not be construed as an Agreement to purchase goods or services and does not commit the District in any way to award an Agreement. The lowest priced or any Proposal will not necessarily be accepted.

5.13. INSURANCE & WORKERS COMPENSATION

The Proponent shall provide proof of, and continuously hold for the term of any Agreement, insurance coverage with minimum limits of not less than those stated below:

a) Commercial General Liability—not less than $5 million per occurrence.b) Vehicle Third Party Liability—not less than $2 million per occurrence.

Successful Proponents are required to add the District as an “additional insured” on the Commercial General Liability policy of insurance.

Proponents must comply with, and must ensure that any subcontractors comply with, all applicable occupational health and safety laws in relation to the performance of the Proponent’s obligations under any Agreement, including the Workers Compensation Act in British Columbia or similar laws in other jurisdictions.

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Within ten (10) Business Days of any request to do so by the District, the Proponent must provide evidence of the Proponent’s compliance with the Workers Compensation Act.

5.14. COLLUSION

Except as otherwise specified or as arising by reason of the provisions of the RFP, no person, partnership, or corporation other than the Proponent has or will have any interest or share in this Proposal or in any Agreement which may be completed in respect thereof. There is no collusion or arrangement between the Proponent and any other actual or prospective Proponent in connection with responses submitted for this project and the Proponent has no knowledge of the context of other responses and has no comparison of figures or agreement or arrangement, expressed or implied, with any other party in connection with the making of the Proposal.

5.15. LIABILITY OF ERRORS

While the District has used considerable efforts to ensure information in the RFP is accurate, the information contained herein is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the District, nor is it necessarily comprehensive or exhaustive. Nothing in the RFP is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in the RFP.5.16. LAW

This RFP and any resulting Agreement(s) are governed by and are to be interpreted and construed in accordance with the laws applicable in British Columbia, Canada.

5.17. CONFLICT OF INTEREST & SOLICITATION

A Proponent may be disqualified if the Proponent’s current or past corporate or other interests, or those of a proposed subcontractor, may, in the District’s opinion, give rise to an actual or potential conflict of interest in connection with the services described in the RFP. This includes, but is not limited to:

involvement by a Proponent in the preparation of the RFP; a relationship with any employee, contractor, elected official or representative of the District

involved in preparation of the RFP; participation on the evaluation committee or in the administration of any Agreement; or a relationship with any employee, contractor, elected official or representative of the District

participating on the evaluation committee or in the administration of any Agreement.

If a Proponent is in doubt as to whether there might be a conflict of interest, the Proponent should consult with the District’s Procurement Agent prior to submitting a Proposal. By submitting a Proposal, the Proponent is required to represents any and all circumstances that would give rise to a conflict of interest that is actual or potential in respect of the RFP on Schedule E.

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A Proponent must not attempt to influence the outcome of the RFP process by engaging in lobbying activities. Any attempt by the Proponent to communicate for this purpose directly or indirectly with any employee, contractor or agent of the District, including members of the evaluation committee and any elected officials of the District, or with the media, may result in disqualification of the Proponent.

5.18. DEFAULT & TERMINATION

The District at its sole discretion may immediately terminate any Agreement awarded through this process if there is a major violation of agreed terms and conditions or where the Proponent has taken an action against the District. During the Agreement period, should the District experience budget restraint or operational requirements that require a review of any Agreement, the District reserves the right to terminate any Agreement without penalty with three (3) weeks written notice. If key personnel change, the District reserves the right to terminate any Agreement prior to term.

The District may, by Notice of Default to the Proponent, immediately terminate, in whole or in part, any Agreement if the Proponent fails to perform the services required. In the event the District does terminate the Agreement, in whole or in part, as specified above, the District may acquire the goods or services in an alternative method for business continuity and the Proponent shall be liable to the District for any incurred additional costs such as liquidated damages.

5.19. FORCE MAJEURE (ACT OF GOD)

Neither party shall be responsible for any delay or failure to perform under its obligations under any Agreement where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of Public Authority, Act of God, or to any other cause or similar force majeure event beyond its control, except labour disruption. In the event force majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause.

5.20. CONFIDENTIALITY

The Proponent acknowledges that prior to the Closing Date and Time it may be required to enter into a confidentiality agreement with the District in order to obtain access to confidential materials relevant to preparing a Proposal.

5.21. RIGHT TO DO WORK

If the Proponent neglects to perform the work properly or fails to perform any provision of any Agreement, the District, after five (5) days written notice to the Proponent, without prejudice to any other remedy, may make good such deficiencies and may deduct all costs incurred from amounts due to the Proponent.

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5.22. WORKERS & SAFETY

The Proponent shall employ sufficient workers to perform the work and will not knowingly employ anyone who is not skilled in the assigned task or who may be a threat to the safety of public, employees or the smooth operation of the District. Anyone deemed to be a threat to safety will be immediately removed at the sole discretion of the District. All equipment used by Proponents must be in good repair, free of hazards of any kind and meet all applicable laws and regulations regarding licensing and operation.

5.23. ADVERTISEMENT

Successful Proponents will not use the name of the District or any of the contents of this document in any advertising or publication without prior written consent from the District.

5.24. BYLAW

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

5.25. SUBCONTRACTORS

Unless the RFP states otherwise, the District will accept Proposals where more than one organization or individual is proposed to deliver the services described in the RFP, so long as the Proposal identifies the lead entity that will be the Proponent and that will have sole responsibility to deliver the services under any Agreement. The District will enter into an Agreement with the Proponent only.

The evaluation of the Proponent will include evaluation of proposed subcontractors, if applicable, on Schedule D.

A Proponent may not subcontract to a firm or individual whose current or past corporate or other interests may, in the District’s opinion, give rise to an actual or potential conflict of interest in connection with the services described in the RFP. This includes, but is not limited to:

involvement by a subcontractor in the preparation of the RFP; a relationship between a subcontractor and any employee, contractor, elected official, or

representative of the District involved in preparation of the RFP; participation by a subcontractor on the evaluation committee or in the administration of any

Agreement; or a relationship between a subcontractor and any employee, contractor, elected official or

representative of the District participating on the evaluation committee or in the administration of the Agreement.

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If a Proponent is in doubt as to whether a proposed subcontractor might be in a conflict of interest, the Proponent should consult with the District’s Procurement Agent prior to submitting a Proposal. By submitting a Proposal, the Proponent represents that it is not aware of any circumstances that would give rise to a conflict of interest that is actual or potential, in respect of the RFP, for any proposed subcontractor.

Where applicable, the names of approved subcontractors listed in the Proposal will be included in any Agreement. No additional subcontractors will be added, or other changes made to this list in any Agreement without the written consent of the District.

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APPENDIX A – CONTRACT FORM

By submission of a Proposal, the Proponent agrees that should its Proposal be successful, the Proponent will enter into a Contract with the District of Sechelt that includes the terms set out in this Appendix, CCDC 2, 2008 – Stipulated Price Contract, including the BCDC 2, 2008 Supplementary Conditions, and Project Specific Amendments.

Note: The draft Contract is provided as an embedded file below and as a separate document for downloading on BC Bid, CivicInfo and the District’s website.

The executed Contract will not reference the terms and conditions of this RFP. It will be a standalone contract, only the following documents (the final revised documents with their respective dates will be noted in the document names) will form the Contract Documents referenced in Article A-3 of the resulting Contract:

1) Agreement between Owner and Contractor2) Definitions3) The General Conditions of the Stipulated Price Contract4) Part B – Supplementary Conditions5) Part C – Project Specific Amendments1) Mutually agreed upon Project Schedule;2) Project Approach and Methodology; 3) Resource Substitution Process; 4) Price Breakdown and Hourly Rates; and5) Sub-Contractors List.

The following additional items must be submitted by successful Proponent within ten (10) Business Days after the award of any Agreement. Failure to do so may result in the Agreement being awarded to an alternate Proponent who can meet the requirements.

1) Disclosure of Interest (provided as an embedded document)2) District of Sechelt Business License3) Certificate(S) Of Insurance 4) WorkSafe BC (Or Equivalent) Clearance Letter5) GST/PST Number, As Applicable

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APPENDIX B – PROPOSAL FORM

Appendix B is provided as an embedded file below and is available as a separate document on BC Bid. To open, double click on the embedded document icon below. Appendix B is a Word document.

NOTES FOR USING THIS FORM:a) Proponents must use the Proposal Form provided. Although the Proposal should maintain the

same format and layout of this form, additional lines or cells may be added.b) Information provided outside of this Proposal Form may not be assessed, unless requested

otherwise by Royal Roads.c) The form consists of six (6) parts:

1. Proponent Declaration Letter2. Executive Summary3. Appendix B-1 – Corporate Capability4. Appendix B-2 – Resource Qualifications5. Appendix B-3 – Project Approach, Methodology and Project Plan6. Appendix B-4 – Price

Note to Proponents : a) Using the desirable criteria, the evaluation team will assess each Proponent’s ability to fulfil the

scope of work and responsibilities identified in section 2 . Proponents should ensure that they provide the information requested under Proposal Requirements for all criteria.

b) In addition to the information requested in Appendix B, in order to receive full consideration during the evaluation process, Proposals must meet all mandatory criteria (see section 4.2.1 ).

c) The Proposal must be submitted in accordance with BC Bid instructions for e-bidding or hard copy submissions to the Closing Location before the Closing Date and Time specified on the Cover Page .

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APPENDIX C – PROPONENT REGISTRATION FORM

RFP #2019-12 - Roof Replacement for the Sechelt Justice BuildingTo receive location details for the Site Visit # 1 and # 2 (see section 1.3.2. – Site Visits) and to receive the Proponent’s Package (see section 1.3.3 . ), Proponents must complete this form and submit by return email to: [email protected], prior to the Site Visit # 2. Please state “RFP #2019-12 – Roof Replacement for the Sechelt Justice Building” in the subject line. By signing this form, the Proponent agrees to be bound by the following:

A. Information pertaining to the District of Sechelt obtained by the Proponent as a result of participation in this project, including the Proponent’s participation in the Site Visit(s), is confidential information and must not be disclosed to any party without written authorization from the District of Sechelt;

B. Confidential Information means information that is confidential to the District of Sechelt, and used in connection with the business of the District of Sechelt, but excludes information that is publicly available;

C. A Proponent’s Package is made available to the Proponent to assist in the completion of their Proposal. These documents and its contents are the sole property of the District of Sechelt. The information in these documents is confidential and is not to be copied or disclosed to any party, or used for any other purpose other than to aid in the completion of the Proposal without the express written consent of the District of Sechelt;

D. Any and all documents provided to the Proponent remain the property of the District of Sechelt, and shall be destroyed or returned as requested by the District of Sechelt at the conclusion of the solicitation process; and

E. The Proponent acknowledges that it will receive Confidential Information respecting the District of Sechelt and agrees to maintain the Confidential Information in strict confidence.

Proponent Name

Street Address

City, Province, and Postal Code

Phone Number

Email Address

Signature

Contact Person Name

Contact Person Title

Date

Number of Attendees

Attendee Names and Position Titles: 1.

2.

3.

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