TENDER DOCUMENTS SUTTON ROAD MULTI- PURPOSE PATH CUMBERLAND BC

Transcription

1 TENDER DOCUMENTS SUTTON ROAD MULTI- PURPOSE PATH CUMBERLAND BC October 2017

2 TABLE OF CONTENTS 1. Invitation to Tender 2. Instructions to Tenderer, Part 1 3. Form of Tender Appendix 1 Schedule of Quantities and Unit Prices Appendix 2 Preliminary Construction Schedule Appendix 3 Experience of Superintendent Appendix 4 Comparable Work Experience Appendix 5 Subcontractors 4. Form of Agreement Schedule 1 Schedule of Contract Documents Schedule 2 List of Contract Drawings 5. Supplementary General Conditions 6. Additional Information (Non Contract Documents) Geotechnical Report Simpson Geotechnical Ltd. Report of Geotechnical Subsurface Assessment Egremont and Sutton Roads from Ulvertson Ave to Derwent Ave, Cumberland BC 7. MMCD 2009 Standard documents under separate cover (Tenderer to obtain copy. website: Instructions to Tender, Part ll General Conditions Specifications Standard Detail Drawings

3 CONTRACT INVITATION TO TENDERERS INVITATION TO TENDERERS PAGE 1 OF 1 MMCD 2009 Owner: Contract: Village of Cumberland ( NAME OF OWNER ) SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) Reference No. - ( OWNER S CONTRACT REFERENCE NO. ) The Owner invites tenders for: Contract Documents are available during normal business hours at: Widening of Sutton Road shoulder to include construction of a 200 m long paved bike/pedestrian pathway and associated landscaping and civil site work. Note: A two envelope system that allows for the Village s Social Procurement Policy will be utilized. Note: Tenderers must monitor website postings to ensure all Addenda are incorporated in their Tender. ( BRIEF DESCRIPTION OF THE WORK ) Will be posted on BC Bid ( LIST ADDRESSES FOR DOCUMENT PICKUP ) On payment of a non-refundable amount of $ nil including GST payable to: Not applicable. ( NAME THAT CHEQUE SHOULD BE PAYABLE TO ) The Contract Documents are available for viewing at: BC BID ( ADDRESS WHERE CONTRACT DOCUMENTS CAN BE VIEWED ) Tenders are scheduled to close: NAME OF OWNER S REPRESENTATIVE Tender Closing Time: Exactly 2:00:00 PM local time. Tender Closing Date: November 23rd 2017 Address: Cumberland Village Office 2673 Dunsmuir Ave Cumberland, BC V0R 1S0 ( ADDRESS WHERE TENDERS MUST BE SUBMITTED ) Mr. Tim O Brien, Project Engineer, Landscape Architect, Outlook ELA, Comox BC only at: outlookela@shaw.ca ( PHONE )

4 CONTRACT INSTRUCTIONS TO TENDERERS PART I TABLE OF CONTENTS IT PART I 1 OF 2 MMCD Introduction... IT Tender Documents... IT Submission of Tenders... IT Additional Instructions to Tenderers... IT - 3

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6 CONTRACT INSTRUCTIONS TO TENDERERS PART I TABLE OF CONTENTS IT PART I 1 OF 2 MMCD Introduction... IT Tender Documents... IT Submission of Tenders... IT Additional Instructions to Tenderers... IT - 3

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8 CONTRACT INSTRUCTIONS TO TENDERERS PART I IT PART I IT - 1 MMCD 2009 (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: Contract: The Corporation of the Village of Cumberland ( NAME OF OWNER ) SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) Reference No ( OWNER S CONTRACT REFERENCE NO. ) 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: CONSTRUCTION OF A PAVED PATHWAY AND ASSOCIATED LANDSCAPING. ( BRIEF DESCRIPTION OF THE WORK ) 1.2 Direct all inquiries regarding the Contract, to: Tim O Brien, Project Engineer, Landscape Architect ( NAME AND POSITION OF INDIVIDUAL WHO WILL ANSWER INQUIRIS ) 2.0 Tender Documents Address: 1326 Docliddle Road Comox BC V9M 2P9 outlookela@shaw.ca ( only) Phone: Fax: 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.

9 CONTRACT INSTRUCTIONS TO TENDERERS PART I IT PART I IT - 2 MMCD 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. 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 No., and must be received by the office of: MR. R. CRISFIELD, OPERATIONS MANAGER (TITLE OF POSITION) on or before: Tender Closing Time: 2:00 : 00, PM local time Tender Closing Date: NOVEMBER 23, at Address: VILLAGE MUNICIPAL HALL 2673 DUNSMUIR AVENUE CUMBERLAND BC, V0R 1S0 3.2 Late tenders will not be accepted or considered, and will be returned unopened.

10 CONTRACT INSTRUCTIONS TO TENDERERS PART I IT PART I IT - 3 MMCD Additional Instructions to Tenderers INSERT UNDER THIS PARAGRAPH 4 ANY REQUIRED ADDITIONAL INSTRUCTIONS TO TENDERERS 4.1 A pre-tender meeting is not scheduled. 4.2 Contrary to Instructions to Tenderers Part ll, 12.1 fax amendments will not be accepted. 4.3 Construction has been tendered for construction to begin early in 2018 with conclusion to occur soon after opening of pavement plant. A maximum 8-week construction schedule is acceptable. Refer to Appendix 2 Preliminary Construction Schedule. 4.4 No change in the accepted tendered price will be considered, unless during the interim period between tender closing and March 1 st 2018, there is an escalation of oil price materially affecting the price of asphaltic concrete, and it is agreed upon to be an Unforeseeable Market Condition under General Condition TWO ENVELOPE SYSTEM. The Council of the Village of Cumberland has adopted a Social Procurement Framework, committing the Village to ethical purchasing with social values and environmental sustainability at its core. To this end, the Village s procurement is guided by the Social Procurement Framework, outlined below. To be considered eligible to bid on this Tender, Tenderers must comply with all employment and human rights laws relating to the tendered project and must meet all legal requirements related to workplace or workers safety laws and regulations. In addition, the proponent must satisfy at least two of the following goals or initiatives which are included in the Village s Social Procurement Framework as outlined below. 1. Assist the Village in achieving any of the following key social, employment and economic goals as outlined in the attached Social Procurement Framework: 2. contribute to a stronger local economy; 3. increase the number of local jobs that support young working families; 4. increase social inclusion, by improving contract access for equity-seeking groups, such as social enterprises; 5. enhance community arts and culture infrastructure; 6. improve and enhance public spaces; 7. help move people out of poverty, providing increased independence and sustainable employment for those in need; 8. improve opportunities for meaningful independence and community inclusion for citizens living with disabilities; and 9. stimulate an entrepreneurial culture of social innovation. 10. Provide financial or in-kind support to not for-profit community organizations that provide community benefits to Cumberland residents and businesses. 11. Pay at least the living wage at $17.30 per hour as the regular wages paid to all of your employees. 12. Employ residents of the Village of Cumberland on this project. 13. Employ apprentices/trainees (preferably Cumberland

11 CONTRACT INSTRUCTIONS TO TENDERERS PART I IT PART I IT - 4 MMCD 2009 residents) on this project. 14. If awarded the contract assist the Village (financially or in-kind) with the above. Tenderers are to outline how they currently satisfy, or how they plan to satisfy (if the successful), at least two of the goals or initiatives before the completion of the project: Envelope 1: Tenderers must submit a Community Benefit Proposal that meets at least two of the above goals or initiatives in a separate sealed envelope clearly marked Envelope 1 Community Benefit Proposal, with the Tenderer s name and the Contract Title. Following Tender Closing, The Village of Cumberland will open Envelope 1 submissions and assess the community benefit clause submissions for at least two of the above goals or initiatives. Envelope 2: Those, and only those tenderers that satisfy the requirements of Envelope 1 submissions will have their second envelope opened which contains the Form of Tender (pricing etc.). The tender opening will not be held in public. Note that: The Village s evaluation of a tenderer s outline of how it will achieve the goals and initiative in the Village s Social Procurement Frameworks will be at the sole discretion of the Village. In no event will a tenderer have any claim against the Village in relation to the Village s evaluation of any proponent's community benefit submission or any resulting decision by the Village regarding whether any tenderer s proposal may be retained for consideration and by submitting a bid each tenderer agrees that it has no such claim..

12 CONTRACT FORM OF TENDER FORM OF TENDER PAGE 1 OF 3 MMCD 2009 Owner: Contract: Reference No. The Corporation of the Village of Cumberland ( NAME OF OWNER ) SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) - ( OWNER S CONTRACT REFERENCE NO. ) 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 MAY 31, ( WORK DURATION OR DATE ) 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. 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.

13 CONTRACT FORM OF TENDER FORM OF TENDER PAGE 2 OF 3 MMCD 2009 WE CONFIRM: 4.1 that the following appendices are attached to and form a part of this tender: the appendices as required by paragraph 5.3 of the Instructions to Tenderers Part II; and 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 60 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: 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; 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 sign the Contract Documents as required by GC 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: fail or refuse to deliver the documents as specified by paragraph of this Form of Tender; or

14 CONTRACT FORM OF TENDER FORM OF TENDER PAGE 3 OF 3 MMCD 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: the face value of the Bid Security; and 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: Attention: This Tender is executed this day of, 20. Contractor: (FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL) (AUTHORIZED SIGNATORY) (AUTHORIZED SIGNATORY)

15 Appendix 1 Page 1 of 1 SUTTON ROAD MULTI USE PATH Schedule of Quantities and Unit Prices Item Description Unit Quantity Unit Price Extended 1.00 General Conditions of Contract e.g. insurance, superintendence, shop drawings, traffic control, layout from control points provided by Owner, protect existing services, BC 1, erosion control, safety, flagging, proof rolling, insurance, dust control, portable toilet, final clean up etc to complete project. ls CIVIL WORKS 2.01 Relocate approx 5 concrete no posts currently at parking lot entrance ls Remove approx 1.8 m of low block wall at driveway and make good. ls Saw cut existing asphalt road edges including for irrigation water service m Remove and dispose existing asphalt incl over new water service m Excavate and dispose off site and prepare subgrade under hard surfaces m Water service tie in for Irrigation. 37 mm dia c/w connection to municipal watermain ls 1 and curbstop valve 2.07 Catchbasins ea Dia DR 35 catchbasin leads, connect to existing storm mains. ea Adjust CB/MH lids to suit new grades ea mm minus pit run sub base 200 mm depth m mm minus crushed gravel base, 75 mm depth m Tree Curb. Reinforced concrete perimeter edge for trees in asphalt areas ea Asphaltic concrete 50 mm thickness, including water service re instatement?? m Asphalt patch over water service 1 m width m Integral extruded asphalt curb m Asphalt spillways hand formed c/w 75 mm depth crushed gravel base m Concrete driveway aprons 125 mm thick on 200 mm thick pit run base and necessary m mm depth leveling course of 19 mm minus crushed gravel 2.18 Gravel driveway transitions of 19 mm crushed gravel base depth varies m SIGNS AND LINES 3.01 Relocate signs as directed. ea Pathway centreline painting, fog line, zebra crosswalk, stop bar, elephant ears, ls 1 directional arrows etc. Paint material is methyl methyl acrylate. (MMA) 3.03 Bikeway signs, post and concrete base. ea Plastic delineator posts ea IRRIGATION 4.01 Irrigation shop drawing (hand drawn mark up of schematic irrigation plan by ls 1 irrigation installer to confirm locations, zones and product details) 4.02 Irrigation plastic vault with master valve, battery controller, backflow prevention and ls 1 blow off and 4 zone valves, c/w pea gravel base Irrigation zone lines ( on or two) 37 mm dia for turf spray heads. Series 200 PVC all in m 151 single trench Drip irrigation zone lines 19 mm Series 200 PVC (single trench) m Irrigation sleeves 100 mm dia DR 28 PVC, 300 mm cover m Tree drip irrigation tees and black poly laterals to trees including drip line ea Turf irrigation side strip spray heads and connection to zone line ea Shrub bed irrigation including zone line, and mm pop up shrub bed spray heads. ls LANDSCAPING 5.01 Trees including topsoil, bark protectors, staking and stone or bark mulch as specified. ea Topsoil back of integral asphalt curb m Shrub bed planting at parking lot entrance including topsoil and bark mulch and 3 ls 1 select decorative boulders 5.04 Sod and establishment m2 145 TOTAL TENDER 5% GST All work to meet MMCD Platinum Standard Specifications

16 CONTRACT APPENDIX 2 PRELIMINARY CONSTRUCTION SCHEDULE APPENDIX 2 PAGE 1 OF 1 MMCD 2009 SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) See paragraph of the Instructions to Tenderers Part II. See Paragraph 2.2 of the Form of Tender for Completion Date Note: Construction schedule shall not exceed 8 weeks plus any agreed upon weather delays. Contractor to determine start date consistent with required completion date and to coordinate schedule with asphalt plant spring opening. Indicate Schedule with bar chart with major item descriptions and time. ACTIVITY Construction Schedule (Weeks) Site preparation/mobilization Drainage Water connection and irrigation sleeves Sub-base and base gravels Forming and casting of concrete Asphalt Topsoiling and Irrigation Tree and Shrub planting Line painting and delineators Clean up Tenderer s Initials

17 CONTRACT APPENDIX 3 EXPERIENCE OF SUPERINTENDENT APPENDIX 3 PAGE 1 OF SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) Name: Experience: Dates: Project Name: Responsibility: See paragraph of the Instructions to Tenderers Part II. References: Dates: Project Name: Responsibility: References: Dates: Project Name: Responsibility: References: Tenderer s Initials

18 CONTRACT APPENDIX 4 COMPARABLE WORK EXPERIENCE APPENDIX 4 PAGE 1 OF SUTTON ROAD MULTI-PURPOSE CONTRACT ( TITLE OF CONTRACT ) See paragraph of the Instructions to Tenderers Part II. PROJECT Owner / Contract OWNER / CONTACT NAME PHONE and FAX WORK DESCRIPTION VALUE ($) Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Owner / Contract Phone ( ) Fax ( ) Tenderer s Initials

19 CONTRACT APPENDIX 5 - SUBCONTRACTORS APPENDIX 5 PAGE 1 OF 1 MMCD 2009 SUTTON ROAD MULTI-PURPOSE PATH ( TITLE OF CONTRACT ) See paragraph of the Instructions to Tenderers Part II. WORK SCOPE SUBCONTRACTOR NAME PHONE NUMBER EXCAVATION AND TRUCKING PIPE WORK CONCRETE LANDSCAPING IRRIGATION LINE PAINTING ASPHALT Tenderer s Initials

20 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 1 OF 6 MMCD 2009 BETWEEN OWNER AND CONTRACTOR This agreement made in duplicate this day of, 20. Contract: Reference No. SUTTON ROAD MULTI-PURPOSE PATH _ BETWEEN: The The Corporation of the Village of Cumberland ( NAME OF OWNER ) (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 April 30, 2018 for weather and all other delays, 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.

21 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 2 OF 6 MMCD 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 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 all lump sums, if any, as listed in the Schedule of Quantities and Prices, for items relating to or incorporated into the Work; plus 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. Article 5 Rights and Remedies 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. 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

22 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 3 OF 6 MMCD 2009 or 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 Village of Cumberland 2673 Dunsmuir Avenue Cumberland, BC V0R 1S0 Phone Attention: The Contractor: Mr. Rob Crisfield, Manager of Operations Phone Attention: The Contract Administrator: Outlook Engineering and Landscape Architecture Inc Docliddle Road, Comox BC V9M 2P9 Phone Attention: Tim O Brien P.Eng. MBCSLA 6.2 A communication or notice that is addressed as above shall be considered to have been received immediately upon delivery, if delivered by hand; or immediately upon transmission if sent by fax and received in hard copy; or 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

23 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 4 OF 6 MMCD 2009 for 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 Village of Cumberland (FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL) (AUTHORIZED SIGNATORY) (AUTHORIZED SIGNATORY)

24 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 5 OF 6 MMCD 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 All sections of this publication are included in the Contract Documents. 8.1 Agreement, including all Schedules; 8.2 Supplementary General Conditions 27, 28, 8.3 General Conditions*; 8.4 Specifications*; 8.5 Standard Detail Drawings*; 8.6 Executed Form of Tender, including all Appendices; 8.7 Contract Documents listed in Schedule 2 to the Agreement List of Contract Documents ; 8.8 Instructions to Tenderers - Part I; 8.9 Instructions to Tenderers - Part II*; 8.10 The following Addenda: ( ADDENDA, IF ANY )

25 CONTRACT FORM OF AGREEMENT FORM OF AGREEMENT PAGE 6 OF 6 MMCD 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 Drawings TITLE DRAWING NO. REVISION NO. REVISION DATE COVER SHEET 268- COVER F OCT ASPHALT AND LINES 268-C-01 DRAINAGE AND PROPOSED GUTTER PROFILE LANDSCAPING AND SCHEMATIC IRRIGATION 268-C L-01 DETAILS 268-C-03

26 CONTRACT SUPPLEMENTARY GENERAL CONDITIONS MMCD 2009 Supplementary General Condition # SGC 27 SGC 28 Title Schedule of Quantities of Prices Precedent over Payment Clauses in Specifications Drawings Precedence over Specifications Change to General Conditions Payment for items of the Work will be as set out in the Schedule of Quantities. The Items taken together will represent the completed project as described in the drawings and as required in the General Conditions of the Contract. The drawings take precedents over written specifications.

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