RFP%20-%20Demolition%20of%20Paramount%20Theater%20and%20Ewert%20Building%20-%20Sept%2025%2012 by Chilliwack Economic Partners Corporation

Request for Proposals Demolition of Paramount Theater and Ewert Building Project September 25, 2012

TABLE OF CONTENTS TABLE OF CONTENTS 1.

GENERAL

.................................................................................................................... 4

1.1

INTENT OF THE REQUEST FOR PROPOSALS

........................................... 4

1.2

BASIS OF ACCEPTANCE ............................................................................... 4

1.3

CONTACT PERSON ........................................................................................ 4

1.4

PROCESS AND TIME SCHEDULE

1.5

EXAMINATION AND INTERPRETATION OF DOCUMENTS

1.6

ADDENDA

1.7

ACCESS TO THE SITE & SITE EXAMINATION ............................................. 5

1.8

MEETINGS WITH PROPONENTS .................................................................. 6

1.9

RISK TRANSFER ISSUES ................................................................................. 6

1.10

BUSINESS LICENSE REQUIREMENTS ......................................................... 7

................................................................ 4 ........................ 5

....................................................................................................... 5

SCOPE OF WORK ........................................................................................................ 8 2.1

DEMOLITION – Description of the Work ........................................................... 8

2.2

HAZARDOUS MATERIALS & ASBESTOS ABATEMENT ................................ 8

2.3

WORK NOT INCLUDED ................................................................................... 9

2.4

PROTECTION OF EXISTING FACILITIES ...................................................... 9

2.5

TRAFFIC CONTROL ...................................................................................... 10

SUBMISSION REQUIREMENTS ................................................................................ 11 3.1

SUBMISSION REQUIREMENTS

.................................................................. 11

3.2

SUB-CONTRACTORS QUALIFICATIONS & ACCEPTANCE ...................... 11

3.3

KEY PERSONNEL .......................................................................................... 12

3.4

DOCUMENTATION REQUIRED .................................................................... 12

3.5

CONDITIONS OF SUBMISSION .................................................................... 12

SELECTION PROCESS ............................................................................................... 14 4.1

EVALUATION PROCESS & CRITERIA ......................................................... 14

4.2

PASS / FAIL CRITERIA .................................................................................. 14

4.3

RATED CRITERIA ............................................................................................ 14

4.4

PRICE ............................................................................................................... 15

4.4

FINAL RATING & RANKING .......................................................................... 15

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 2.

TABLE OF CONTENTS APPENDIX A – DECLARATION LETTERS ............................................................................ 16 A-1

DECLARATION OF PROPONENT ................................................................ 17

A-2

PROJECT MANAGEMENT & LIST OF SUB-CONTRACTORS .................... 18

A-3

CONSENT OF SURETY FOR BONDS .......................................................... 19

A-4

UNDERTAKING OF INSURANCE & INSURANCE REQUIREMENTS .......... 20

APPENDIX B - FINANCIAL SUBMISSION ............................................................................. 23 B-1

PROPOSAL FORM ......................................................................................... 24

B-2

SCHEDULE OF PRICES ................................................................................ 26

APPENDIX C - FORM OF AGREEMENT ............................................................................... 27

APPENDIX D - SITE PLANS & BUILDING DRAWINGS ......................................................... 47 D-1

SITE PLAN

D-2

PARAMOUNT THEATRE BUILDING DRAWINGS

APPENDIX E – HAZARDOUS MATERIALS REPORTS ........................................................ 48 PRE DEMOLITION INSPECTION & RISK ASSESSMENTS E-1

46183 YALE ROAD – EWERT BUILDING ....................................................... 48

E-2

46187 YALE ROAD – PARAMOUNT THEATRE BUILDING ........................... 48

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 3.

TABLE OF CONTENTS 1. 1.1

GENERAL INTENT OF THE REQUEST FOR PROPOSALS The purpose of this RFP is to invite Proposals from Proponents for the demolition and removal of the “Paramount Theater Building” located at 46187 Yale Road and the “Ewert Building” located at 46183 Yale Road (the “Project”). The Work also includes all actions necessary to appropriately remove and dispose of hazardous materials in accordance with Workers’ Compensation Board requirements and other governmental regulations. An Evaluation Committee will select the Proponent judged to have the best overall Proposal.

1.2

1.3

BASIS OF ACCEPTANCE .1

The lowest or any Proposal will not necessarily be accepted and the Owner is in no way obligated to accept any Proposal.

The Owner may accept the Proposal which the Owner considers will give it the greatest value based on quality, service and price. Without limiting the foregoing, the Owner may also consider, in addition to the Proponent’s Proposal price: .1

The Proponent’s experience and qualifications considered essential by the Owner for the satisfactory completion of this type and size of project.

Key personnel to be assigned to this Project.

Time for completion of the Work.

CONTACT PERSON The authorized Owner’s Representative for this RFP is: Eric Dyck, Project Manager Chilliwack Economic Partners Corporation #201 – 46093 Yale Road, Chilliwack, BC V2P 2L8 Phone: (604) 793-2739 Email: dyck@chilliwack.com Proponents may make verbal enquiries of the Owner’s Representative, however, information given orally by the Owner, whether by Board members or representatives, will not be binding on the Owner and will not be considered in any form or manner in the evaluation of the RFPs.

1.4

PROCESS AND TIME SCHEDULE The Proponent will submit its Proposal for the Project on the basis of the requirements of the RFP and the Proponent's further investigations. Any investigation or other work done by a Proponent is done entirely at its risk. The Owner will not accept any liability arising from investigations or other work done or not done by a Proponent in preparing its Proposal. The contemplated schedule for the entire process is as follows, however, should the Proponent wish to accelerate the Project, the Owner is prepared to consider the Proponent’s revised schedule: Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 4.

TABLE OF CONTENTS

Process & Time Schedule: Issue RFP to Proponents: Closing date for Proposals:

Monday September 24, 2012 (3:00 p.m.)

Announcement of Successful Proponent

1.5

Wednesday October 17, 2012 Tuesday October 23, 2012

Substantial Completion of the Project

January 31, 2013

Total Completion of the Project

February 15, 2013

EXAMINATION AND INTERPRETATION OF DOCUMENTS Each Proponent will review all RFP documents and will promptly report and request clarification of any discrepancy, deficiency, ambiguity, error, inconsistency or omission contained therein. Any such request must be submitted to the Owner’s Representative, in writing, prior to one week before closing, addressed to: Attention: Eric Dyck, Project Manager Chilliwack Economic Partners Corporation #201 – 46093 Yale Road, Chilliwack, BC V2P 2L8 Telephone: (604) 793-2739 Email: dyck@chilliwack.com Where such a request results in a change or a clarification to the RFP, the Owner will prepare and issue an Addendum to this RFP. Each Proponent will be solely responsible for examining all the RFP documents, including any Addenda, and for independently informing itself with respect to any and all information contained therein and any and all matters that may in any way affect its Proposal. Information given orally by the Owner will not be binding on the Owner and will not be considered in any form or manner in the evaluation of the Proposals.

1.6

ADDENDA Written Addenda are the only means of varying, clarifying or otherwise changing any of the information contained in this RFP. The Owner reserves the right to issue Addenda up to the Proposal due date. The Owner may change the date set for submitting the Proposals by Addendum if, in its opinion, more time is necessary to enable the Proponents to revise their Proposals. Proponents must acknowledge, in writing, receipt of all Addenda and minutes upon receipt.

1.7

ACCESS TO THE SITE AND SITE EXAMINATION .1

The sites on which the Works are to be executed are 46183 Yale Road and 46187 Yale Road, Chilliwack, British Columbia (as outlined in the attached Site Map in Appendix D).

Proponents shall make a careful examination of the sites and investigate and satisfy themselves, at their own risk and expense, as to all matters relating to the nature of the Work to be undertaken, the means of access and egress, the extent of the Work to be performed and any and all matters which are referred to in the drawings, Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 5.

TABLE OF CONTENTS specifications and other documents which are necessary for the full and proper completion of the Work and the conditions under which it will be performed.

1.8

The Owner will make the sites available for a site tour and site investigation at the Proponent’s request. It is the Proponent’s responsibility to make arrangements with the Owner’s Representative for access to the buildings.

On taking part in a site tour or carrying out site investigations, the Proponent shall assume all risk of loss, damage, injury or death to the persons and property of itself, its representative, agents and employees from all causes during a site tour or investigation.

No allowance shall be made by the Owner in this connection on behalf of any Proponent for any error or negligence, interruption or misinterpretation on their part, or on account of any difference appearing in the site work from any projected conditions represented in this RFP.

The Owner does not guarantee site information indicated in this RFP and Proponents must evaluate such information relative to actual conditions.

No claim for extras will be considered by the Owner if such a claim can be reasonably attributed to the Contractor’s failure to properly inspect the site of the Work.

MEETINGS WITH PROPONENTS Proponents may also request Commercial In Confidence meetings with the Owner for the purpose of discussing issues related to their Proposal prior to its submission. Proponents should submit written questions to the Owner’s Representative at least three days prior to the scheduled meeting. These meetings will be held at the sole discretion of the Owner.

1.9

RISK TRANSFER ISSUES The following is the intended sharing of risks between the Proponent and the Owner: Risks / Ownership

Owner

Proponent

General •

Site geotechnical conditions

•

Obtain permits: Environmental Utilities Demolition

√ √

•

Traffic analysis and parking

√

•

Quality Management

√

Administrative or Miscellaneous •

Feasibility of Project

•

Change of Scope

•

Insolvency

√

•

Confirmation of Adequate Coverage in Place (Bonds, Insurance, etc.)

√

•

Sub-contractor Insolvency

√

•

Delays by Others

√

√ √

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 6.

TABLE OF CONTENTS Risks / Ownership

Owner

Proponent

•

Delays by the Owner

•

Permits and Approvals

√

•

Force Majeure

√

•

Weather

√

•

Fire

√

•

Vandalism

√

•

Damage to Works

√

•

Accidents

√

Site

1.10

√

•

Damage/injury to 3 parties

√

•

Stream/air/soil pollution

√

•

Operations and Maintenance

√

•

Quality Assurance/Quality Control

√

•

Public Interface

•

Workers’ Compensation Board

√

•

Utilities

√

BUSINESS LICENSE REQUIREMENTS Prior to the commencement of the Work the Contractor must provide evidence to the Owner that it, as well as all the sub-contractors, possess or have made application for a City of Chilliwack Business License.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 7.

SECTION 2 – SCOPE OF WORK 2.

SCOPE OF WORK

2.1

DEMOLITION – Description of the Work The sites on which the Work is to be executed are 46183 Yale Road and 46187 Yale Road, Chilliwack, British Columbia (as outlined in the attached Site Map in Appendix D).

2.2

The Work shall include all labour, materials, equipment and services necessary for the removal of all asbestos containing and all other contaminated and/or hazardous materials, and the demolition and removal of the existing structures in their entirety including footings, concrete slab on grade, and curbs within the property lines of those sites.

Prior to the start of any other demolition work on the sites, the Contractor shall remove, transport and unload the “Paramount” sign at the City’s yard located at 44390 Luckakuck Way, Chilliwack, BC. The sign shall be carefully removed in as few pieces as possible with as little damage as possible and be prepared for shipment ensuring minimal damage during shipping and storage by the appropriate use of dunnage, crating, and protection from the elements.

Demolition shall be carried out in strict accordance with the latest or most recent editions of the B.C. Building Code, WCB and the rules and regulations of all other regulatory authorities having jurisdiction.

The Work shall also include, but shall not necessarily be limited to the following:

Provision of fencing, hoarding, site security, or whatever other means necessary to ensure public and worker safety at all times;

Ensuring adequate public notification of the Project through various media avenues in order to allow the public to make conscious decisions about how demolition activities may affect or impact their lives;

Provision of temporary facilities and security measures to ensure safe secure onsite storage of hazardous materials and other materials until the time of transportation to their off-site destination; sale of salvage material at the site is not permitted;

Confirmation that all utilities have been disconnected;

Confirmation and documentation substantiating that all contaminated materials, hazardous materials and demolition materials have been disposed of in accordance with all current applicable government laws, regulations and statutes;

Confirmation and assurance that neighboring buildings will be adequately protected in the course of all demolition activities;

Remediation of any damage caused by on-site operations to the existing buildings abutting the structures to be demolished; and

Confirmation prior to the removal of site security measures that the sites do not present safety hazards to the public.

HAZARDOUS MATERIALS AND ASBESTOS ABATEMENT a)

The Work shall include the removal of known asbestos containing materials by competent persons trained, knowledgeable and qualified in the handling and disposal Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 8.

SECTION 2 – SCOPE OF WORK of asbestos materials using moderate and high risk work procedures as required by WCB.

2.3

2.4

Disposal of all hazardous waste will be conducted in accordance with the Ministry of Environment regulations pertaining to hazardous waste.

The Work shall include but not be limited to, the following:

Removal and disposal of hazardous materials in accordance with applicable regulatory requirements;

Diversion of waste material from the landfill where possible;

All waste bins used for material storage and transportation will be clearly marked as to their contents and will be secured at the end of each work day;

Contractor shall provide waybills to demonstrate responsible disposal of hazardous materials;

In the event of accidental release of hazardous debris during transportation, the Contractor shall be fully responsible for all costs associated with the clean up;

Waterways, storm or sanitary sewers are not to be used for the disposal of any liquid waste or volatile fluids;

WORK NOT INCLUDED a)

The Owner has previously arranged for the disconnection of the utilities to the buildings;

The Work does not include the removal of any underground tanks, (septic, oil or other). If, during excavation, a tank is discovered, the Contractor will contact the Owner’s Representative for inspection and action as required.

PROTECTION OF EXISTING FACILITIES The Contractor will conduct its operations with minimum interference to adjacent public or private roadways, lanes, parking areas, sidewalks and access facilities and will keep those areas free of materials, debris and equipment at all times. The Contractor shall: a)

Take all necessary precautions to fully protect the existing adjoining properties, streets, lanes, parking areas, paving, sidewalks, etc., against damage during the Work.

Determine the possible structural affects to adjacent building foundations with regard to the removal of building foundations. Should it be determined that the building foundations cannot be removed without structural affect to the adjacent building, the foundation shall be left in place.

Take precautions necessary to minimize the spread of dust and dirt from the site(s) onto adjacent properties and streets and ensure that should cleaning operations become necessary due to failure(s) of those precautions, compliance with regulations of local authorities having jurisdiction are maintained.

Make good, at no expense to the Owner, any damage or disruption caused to the adjoining properties, utilities, services, sidewalks and curbs, not called for as part of the Work of this Project. All repair work shall only be done after consultation with the Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 9.

SECTION 2 – SCOPE OF WORK Owner, appropriate parties and authorities and to standards and codes of the authorities having jurisdiction.

2.5

“Make good” means restoration to at least original condition in terms of strength, safety, workmanship and appearance.

Not be responsible for any waterproofing or painting of adjoining buildings.

Provide, erect, and maintain adequate temporary barricades, warning signs, and lights for the protection of the public at all closures, detours, and points of danger when the Work occurs outside the Work area. Such protection shall be to requirements of the Owner and/or local authorities having jurisdiction.

Ensure all vehicles leaving the Work site are in clean condition and do not deposit any soils or other materials on the roads and streets.

TRAFFIC CONTROL a)

Provide and maintain access roads, sidewalk crossings, ramps, and construction runways as may be required for access to the Work.

Comply with traffic requirements of the City and other authorities having jurisdiction and obtain approval from the City Engineering Department for site ingress and egress locations, use of sidewalks, street access, use of parking and delivery facilities, etc., relevant to this Project.

Maintain access for fire trucks to site during demolition period to the satisfaction of the City and other local authorities having jurisdiction.

Keep adjacent existing driveways, walkways, roadway, and lanes, clear at all times.

Provide and maintain flag persons, traffic signals, barricades and flares/ lights/ lanterns as required to perform the Work and protect the public.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 10.

SECTION 3 – SUBMISSION REQUIREMENTS 3.

SUBMISSION REQUIREMENTS

3.1

Submission Requirements All Submissions to this RFP will be prepared by, and at the sole risk and expense of the respective Proponents. Please refer to Section 3.5 for Conditions of Submission requirements. All Submissions must be under seal and must be signed by an authorized representative of the Proponent. If the Proponent is a partnership or joint venture, there may be a requirement, depending upon how the partnership or joint venture is structured, for a letter from each partner or joint venturer, signed by an officer of the company stating that the company agrees to be held jointly and severally liable for any and all duties and obligations of the Proponent under any agreement with the Owner. The letters must also state that the Partners or Joint Venture: •

Have read the Request for Proposals;

•

Understand and are fully aware of the commitments made on their behalf in the Proposal; and

•

Have authorized the Proponent to make the commitments set out in the Proposal.

The Proposal deliverables shall include the information as set out in the Selection Process (Section 4). Provide four (4) copies of the Proposal in a single envelope. The envelope must clearly indicate the Proponent and contents of the envelope. The Owner must receive Proposals no later than 3.00 p.m. local time, Wednesday October 17, 2012. Each Proposal must be clearly marked on the outside: "Proposal - Demolition of Paramount Theater Building and Ewert Building Project" along with the Proponent's name and address. Each Proposal will be submitted to the Owner addressed to: Chilliwack Economic Partners Corporation #201-46093 Yale Road, Chilliwack, B.C. V2P 2L8 Attention: Mr. Eric Dyck, Project Manager CONFIDENTIAL - DO NOT OPEN and must be accompanied by a transmittal form clearly listing the number and description of each item of the contents. It is the Proponent's sole responsibility to see that its Proposal is received on time. Late Proposals are invalid, will be returned unopened, and will not be considered. Faxed or electronically transmitted Proposals are not acceptable and will not be considered. ` 3.2

SUB-CONTRACTOR'S QUALIFICATIONS AND ACCEPTANCE .1

Each Proponent is hereby notified that only Sub-contractors which the Owner considers have the qualifications and experience to satisfactorily carry out their respective portion of the Work, will be accepted. The Owner reserves the right to Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 11.

SECTION 3 – SUBMISSION REQUIREMENTS reject any Sub-contractor named by the Proponent in the Proposal who the Owner considers unacceptable.

3.3

3.4

Proponents are further notified that no change in the final list of Sub-contractors, accepted by the Owner at signing of the Agreement, will be allowed without written consent of the Owner. Any change made without such consent shall constitute a breach of the Agreement.

Failure by a Proponent to fully complete the list of Sub-contractors in Appendix “A-2” may be cause for rejection of the Proposal.

Proponents intending to perform any of the specified sub-trade work, as listed in Appendix “A-2” should list their company in the appropriate space provided. Proponents are notified that General Contractors using their own forces for any of the sub-trade work should be required to demonstrate and prove to the Owner, previous experience and ability to perform the work in question to the Owner’s complete satisfaction. Failure to satisfy the Owner in this regard may result in rejection of the Proposal

KEY PERSONNEL .1

The experience and qualifications of key office and site personnel to be assigned by the Proponent will be considered by the Owner in evaluation of the Proposals.

Proponents are notified that no change will be allowed to such key personnel without the written consent of the Owner. Any change made without such consent will constitute a breach of Agreement.

DOCUMENTATION REQUIRED .1 .2 .3 .4

3.5

Declaration Letter(s) (see Appendix A-2) Project Security: (see Appendix A-3 Surety) Insurance Requirements: (see Appendix A-4 Insurance Requirements) Proposal Form (see Appendix B-1) and Schedule of Prices (see Appendix B-2)

CONDITIONS OF SUBMISSION This RFP and the RFP documents do not create a tender process. This RFP is not an invitation for an offer to contract and it is not an offer to contract made by the Owner. By this RFP the Owner intends to reserve to itself absolute and unfettered discretion to invite Proposals, consider and evaluate Proposals, select the best overall Proposal, or attempt to negotiate an agreement with a Proponent as the Owner considers desirable. Without limiting the generality of the foregoing, the Owner reserves the right to: a. Require clarification where the Proposal is unclear; b. Reject any or all Proposals without any obligation, or any compensation or reimbursement, to the Proponents; and c.

Disqualify any Proposal the Owner considers is not in the best interest of the Owner.

Wherever this RFP creates a power or obligation of the Owner to make a decision or to exercise any contractual right or remedy, the Owner may do so in its absolute and unfettered discretion to do anything else, and no public law duty, whether arising from the principles of procedural fairness or the rules of natural justice, has any application. Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 12.

SECTION 3 – SUBMISSION REQUIREMENTS Each Proponent is solely responsible for examining all of the RFP documents, including all Addenda, and for independently informing itself with respect to any and all information contained in the RFP documents or any other documents and any and all conditions which may in any way affect its Proposal. All Proposals are prepared by and at the expense of each Proponent. The Owner is not responsible in any respect for any expenses, damage, loss or liability incurred by a Proponent, or for any plans, drawings, specifications, studies or analyses prepared by or for a Proponent in the preparation of its Proposal. The intent of this section is to place on each Proponent the sole risk and liability for any expense, damage, loss or liability incurred or borne by the Proponent in connection with its consideration of and response to this RFP, including the preparation of its Proposal. Without limiting the generality of the foregoing, the Owner is not liable for any information it provides and does not represent or warrant its accuracy or completeness. Every Proposal prepared to this RFP shall be prepared at the cost and expense of the Proponent. Each Proposal shall be prepared with the express understanding that there shall be no claims whatsoever for reimbursement, from the Owner, its respective members, agents, employees or other representatives, for the cost and expenses of its preparation. There is no guarantee by the Owner, its agents or representatives that: 1.

The process by issuance of this RFP will continue; or

As a result of this RFP process, the Owner will enter into an Agreement for the Project.

The Owner and its respective members, agents, employees, and other representatives shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent prior to, subsequent to, or by reason of the acceptance or the non-acceptance by the Owner of any Proposal, or by reason of any delay in selecting a Proposal.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 13.

SECTION 4 - SELECTION PROCESS 4.

SELECTION PROCESS

All Proposals received in response to this RFP will be evaluated. An Evaluation Team will select the Proponent judged to have the best overall Proposal.

4.1

EVALUATION PROCESS and CRITERIA The evaluation of the RFPs will be based solely on the contents of the Proposals, reference checks and any clarifications provided in writing in response to the questions asked by the Owner’s Representative. No assumptions should be made that the Evaluation Team has any information regarding the Proponent or its Team Members, or their experience, expertise and performance on other projects, other than through the documentation and responses submitted by the Proponent in response to this RFP. Criteria: Proposals will be evaluated using three different types of criteria:

4.2

Pass/Fail

Proposals that do not meet the requirements of any of these criteria will be subject to disqualification. (Section 4.2)

Rated

Proposals will be evaluated based on their relative merit. (Section 4.3)

Price

Proposal Price and Schedule of Prices as submitted by the Proponent. (Section 4.4)

PASS / FAIL CRITERIA Proponents must provide the following information: a)

Declaration Letter(s) The Proponent shall provide declaration letters in the form provided in Appendix A-1 outlining its understanding of the commitments made in this RFP.

Project Security Proponents shall provide consent(s) of surety demonstrating the Proponent’s ability to provide a 50% performance bond and a 50% labour & materials payment bond to be written by a surety or sureties acceptable to the Owner and authorized to conduct business in British Columbia. An acceptable format is provided in Appendix A-3.

Letters of Undertaking for Insurance The Proponent shall provide evidence that it has the ability to secure appropriate insurance coverage. Appendix A-4 provides the insurance specifications and includes a specimen letter of undertaking of insurance.

Proposal Form and Schedule of Prices The Proponent shall complete the Proposal Form (Appendix B-1) and the Schedule of Prices (Appendix B-2)

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 14.

SECTION 4 - SELECTION PROCESS 4.3

RATED CRITERIA Proposals should clearly demonstrate that the Proponent has a clear understanding of the Project and the abilities to deliver the Project in a superior manner. The following items identify relevant information suggested to be included in the Submission: a)

Corporate Experience and Qualifications of the Proponent’s Team Proponents should confirm their Team and Team members. Information in this regard should be clear and concise and should include:

An organization chart including proposed communication protocol with the Owner.

Information outlining proposed duties and percentage of time Team members’ key personnel will commit to the Project

Proponents are further notified that Team members may not be changed during the course of the Project without approval from the Owner. b)

Key Personnel Proponents should confirm their Key Personnel of the Team and Team members. Information in this regard should be clear and concise and should include:

The names of key office and site personnel of the Team members to be assigned to the Project.

Information demonstrating the relevant experience and expertise of individual key personnel and how that experience and expertise relates to the success of this Project.

Proponents are further notified that Key Personnel may not be changed through the course of the Project without approval from the Owner. c)

Work Schedule Proponents should provide:

An overall schedule showing the timelines for the two individual building demolitions.

Detailed schedules for each building showing the different phases of demolition.

Proponents are reminded that time is of the essence to complete the Project.

4.4

Price Price will be as submitted by the Proponent in Proposal Form (Appendix B -1) and the Schedule of Prices (Appendix B-2)

4.5

Final Rating and Ranking Based on all of the preceding evaluation criteria, the Evaluation Team will select the Proponent with the best overall Proposal.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 15.

APPENDIX A – DECLARATION LETTERS

APPENDIX ‘A’

DECLARATION LETTERS

A-1

DECLARATION LETTERS – Proponent and Prime Members

A-2

PROJECT MANAGEMENT & LIST OF SUB-CONTRACTORS

A-3

CONSENT OF SURETY – PERFORMANCE, LABOUR & MATERIALS

A-4

UNDERTAKING OF INSURANCE

Request for Proposal Demolition of Paramount Theater Building and the Ewert Building Project Project September 25, 2012 – Page 16.

APPENDIX A – DECLARATION LETTERS APPENDIX A-1

DECLARATION OF PROPONENT “Proponent” means any entity, including a company, firm, consortium of any legal entity, which submits a response to this RFP. I, the undersigned, jointly and severally acknowledge and agree that I am not aware of: • • • •

any decision, action or omission of the Owner; any error, omission, inconsistency or ambiguity in the RFP; any conflict of interest, real, potential or perceived; or any other issue or matter that is, in any way related to the procurement procedures, evaluation criteria, or selection process as set out in this Request for Proposals;

that may give rise to a claim by the undersigned against the Owner or any other party, or that in the view of the undersigned may result in the potential for unfairness or a dispute. _________________________________________________________________________________ Signature Name (printed) Position Company

DECLARATION OF PRIME MEMBERS “Prime Member” means any Team Member who proposes to be responsible for more than 30% of the total effort required to perform the Project. I am the authorized official of the firm (named) and confirm that: •

• • •

I have read the Request for Proposals (RFP) dated September 24, 2012 regarding the Demolition of Paramount Theater Building and the Ewert Building Project (the “Project”) and the submission by (name of Proponent) and understand the commitments being made on behalf of the firm I represent; I agree to comply with the conditions set out in the RFP; I am aware of and agree to the inclusion of the firm I represent as a member of (name of Proponent’s Team); I am not a member of another Proponent’s team submitting a Proposal for the Project.

_________________________________________________________________________________ Signature Name (printed) Position Name of Firm _________________________________________________________________________________ Signature Name (printed) Position Name of Firm _________________________________________________________________________________ Signature Name (printed) Position Name of Firm _________________________________________________________________________________ Signature Name (printed) Position Name of Firm _________________________________________________________________________________

Request for Proposal Demolition of Paramount Theater Building and the Ewert Building Project Project September 25, 2012 – Page 17.

APPENDIX A – DECLARATION LETTERS APPENDIX A-2

PROJECT MANAGEMENT & LIST OF SUB-CONTRACTORS PROJECT TITLE:

DEMOLITION OF THE PARAMOUNT THEATER BUILDING AND EWERT BUILDING PROJECT

LOCATION:

46883 & 46187 Yale Road, Chilliwack, BC

PROJECT MANAGER: Our Project Manager for the Project will be: ______________________________________________________________________________

PROJECT SUPERINTENDENT: Our Site Supervisor for the Project will be: ______________________________________________________________________________

LIST OF SUB-CONTRACTORS: The following are the Sub-contractors we will use for the sections of Work listed hereunder: ASBESTOS ABATEMENT:

____________________________________________________ ____________________________________________________ ____________________________________________________

DEMOLITION:

____________________________________________________ ____________________________________________________ ____________________________________________________

OTHERS:

____________________________________________________

Dated: __________________

Signature:

_______________________________________ (Authorized signing officer)

Request for Proposal Demolition of Paramount Theater Building and the Ewert Building Project Project September 25, 2012 – Page 18.

APPENDIX A-3

CONSENT OF SURETY PERFORMANCE, LABOUR & MATERIALS BONDS PROJECT TITLE:

DEMOLITION OF THE PARAMOUNT THEATER BUILDING AND EWERT BUILDING PROJECT

LOCATION:

46883 & 46187 YALE ROAD, CHILLIWACK, BC

DATE:

NO.:

WHEREAS ______________________________________________ has submitted a written Proposal to the Chilliwack Economic Partners Corporation as Obligee dated (date) concerning the Demolition of the Paramount Building and the Ewert Building Project, we (Name of Surety), a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, agree to provide the required surety bonds in the aggregate amount required for this Project subject to our underwriting of the contractor.

Based on our current knowledge of this Request for Proposal, we believe our client to be financially and technically qualified to complete this Project in a timely and satisfactory fashion.

(Name of Surety)

_____________________________

(Seal)

_____________________________ Attorney - In - Fact

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 19.

APPENDIX A-4

UNDERTAKING OF INSURANCE

TO: Chilliwack Economic Partners Corporation

Name of Firm submitting Proposal: __________________________________________________

We, the undersigned, as authorized representatives on behalf of _____________________ __________________________________________________________________________do hereby undertake and agree to provide Single Project Comprehensive or Commercial General Liability Insurance in the amount of ten million dollars ($10,000,000.00) as specified in the Agreement for the Demolition of Paramount Theater Building and the Ewert Building Project, subject to underwriting.

If such a policy is written, a certified copy of the policy will be provided to the Chilliwack Economic Partners Corporation.

Dated at ________________________________

This ____ day of ______________, 20___.

SIGNED:

____________________________________________________ (Duly Authorized Representative of Agent &/or Insurance Company

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 20.

INSURANCE REQUIREMENTS & CONDITIONS 1.0

The Contractor shall maintain and keep in force until termination of the Agreement a Project Specific Wrap-up Commercial General Liability Policy specifically named for the project in an amount of $10,000,000.00 per occurrence. The maximum deductible, to be paid by the Contractor, shall be $10,000.00 or less. The policy must include: a) b) c) d) e) f) g) h) i) j) k)

Premises & Operations Products & Completed Operations Blanket Contractual Cross Liability Contingent Employers Liability Personal & Advertising Liability Non-Owned Auto Shoring, blasting, excavating, underpinning, demolition, pile driving & caisson work, work below ground surface, tunneling and grading, where such an exposure exists. Other extensions which may be required now or at a later date during the term of the agreement. Personal Injury All Sub-contractors as insureds

2.0

The Owner and the City of Chilliwack shall be added as an additional insured which shall include their employees and officers. The Owner shall receive 30-days written notice of cancellation or changes to the policy.

3.0

The Contractor shall, before occupying the premises or conducting business of any kind on the premises, submit to the Owner certificates of insurance as required by this section and shall provide the Owner, from time to time, if and when required by the Owner; satisfactory proof by the Owner that all such insurance is still in full force and effect and that all premiums have been paid.

4.0

The Contractor shall not do or permit anything to be done which would render any insurance void or voidable or which would cause an increase in the insurance premiums. If the Contractor fails to keep and maintain the required insurance, the Owner may in its sole discretion may keep and maintain the insurance and the cost to the Owner for doing so shall be a debt due and owing by the Contractor to the Owner. The Owner may terminate the Agreement by notice given to the Contractor if the Contractor fails to deliver any required certificates of insurance or any proof that insurance is still in full force and effect as required by this section.

5.0

The Contractor, its employees shall maintain and keep in force until the end of the term automobile liability insurance on all owned, rented or leased vehicles in an amount of not less than $5,000,000.00

6.0

The Contractor shall provide all risks contractor’s equipment insurance which shall include flood and earthquake protecting all machinery and equipment owned, rented or leased for which the Contractor is responsible for in the performance of the Work for the actual cash value of the machinery or equipment and waives the right of subrogation against the Owner and the City of Chilliwack.

7.0

Use and Occupancy: Use and occupancy of the Work or any part thereof prior to the date of completion shall not be cause for any termination of insurance coverage shown in the applicable sections.

8.0

The successful Contractor shall provide coverage for sudden and accidental pollution coverage in the amount of $10,000,000.00. This may be a floater to the general liability policy. Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 21.

9.0

All the foregoing insurance will be primary and not require the sharing of any loss by any insurer of the Owner or the City of Chilliwack.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 22.

APPENDIX B – FINANCIAL SUBMISSION

APPENDIX B

FINANCIAL SUBMISSION

B-1

PROPOSAL FORM

B-2

SCHEDULE OF PRICES

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 23.

APPENDIX B – FINANCIAL SUBMISSION APPENDIX B-1

PROPOSAL FORM Demolition of Paramount Theater Building and Ewert Building Project Proponent's Name: ________________________________________________________________ The Proponent hereby declares that it has carefully examined the Site(s), has read and examined the RFP package and the Owner-supplied reference documents and has conducted such other field investigations as are prudent and reasonable in preparing the Proposal, and hereby offers to furnish all plant, labour, technical and professional services, supervision, materials, tools, supplies and equipment, and to discharge all duties and obligations necessary to carry out the Project in accordance with the provisions stated in the RFP, for the prices shown in the Schedule of Prices attached hereto and incorporated by reference herein, including all taxes except HST, which aggregate to the: TOTAL GUARANTEED MAXIMUM PRICE OF____________________________________________ _______________________________________________________ DOLLARS ($ ). The Proponent warrants that this Proposal constitutes a firm offer to the Owner which cannot be withdrawn for 60 calendar days from and after the Proposal Due Date or until the Agreement is executed and delivered by the Owner and another Contractor, whichever is earlier. The Proponent understands if this Proposal is accepted by the Owner, it must execute the Agreement and deliver it, together with the Bonds, to the Owner within 14 business days after having received the Agreement in executable form from the Owner. The Contractor will proceed with the Work upon receipt of the fully executed Agreement from the Owner. Enclosed herewith is evidence of the good standing of the Proponent, whether it is a corporation, joint venture or Partnership, and evidence that the person(s) signing this Proposal Form is/are authorized to bind the Proponent (and each member of any joint venture or Partnership forming the Proponent) to this Proposal and to the Agreement resulting from this Proposal. The Proponent acknowledges that it has received, read and understood the following Addenda to the Request for Proposals: Addendum No.

Date Received:

Addendum No.

Date Received:

Addendum No.

Date Received:

_______

The Proponent certifies that it has examined and is fully familiar with all of the provisions of the Agreement; that it has carefully checked all the facts and figures and all statements made in this Proposal; that it has conducted such other field investigations which are prudent and reasonable in preparing this Proposal, including a thorough review of the RFP supporting documents; that it has satisfied itself with respect to the actual conditions of the Site and the nature and location of the Project, the general and local conditions to be encountered in performing the Work, and other matters which in any way affect the Project or the Project Cost; and that it has notified the Owner of any deficiencies in or omissions from any RFP documents or other documents provided by the Owner and of any unusual Site conditions observed prior to the date hereof. Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 24.

APPENDIX B – FINANCIAL SUBMISSION

The Proponent further certifies that it has not discussed or communicated with any of the other Proponents about the preparation of their Proposals and that its participation in this RFP process has been conducted without collusion or fraud. NOTE: If the Proponent is a Partnership or joint venture, give the full names of all of the Partners or joint venturers. Evidence of the authority of the person signing on behalf of the Proponent, whether a corporation, Partnership or joint venture shall be attached to the Proposal Form. Additionally, each partner or joint venturer of a Proponent will furnish a letter signed by an officer of the respective Partnership or joint venture stating that the respective Partnership or joint venture agrees to be held jointly and severally liable for any and all the duties and obligations of the Proponent under the RFP and any agreement arising therefrom. The Proponent has executed this Proposal Form on the _____day of ________________, 2012.

By: (signature)

Name: Company Title:

By: (signature)

Name: (type or print)

Company: Title:

By: (signature)

Name: (type or print)

Company: Title:

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 25.

APPENDIX B – FINANCIAL SUBMISSION APPENDIX B-2

SCHEDULE OF PRICES Demolition of Paramount Theater Building and Ewert Building Project Payment of the Guaranteed Maximum Price for the Demolition of the Paramount Building and the Ewert Building Project will be made based on the items included in the Schedule of Prices table as described below. Bonds and Insurance: Payment of the cost of Bonds and the cost of Insurance will be made upon presentation of all bonding and insurance documentation to the Owner as required by the Agreement and upon presentation of satisfactory proof of payment of the related fees or premiums. Schedule of Prices Table DESCRIPTION 1.

Bonding and Insurance

Removal of Paramount sign and transportation to storage yard

Demolition of Paramount Theater Building

Demolition of the Ewert Building

PROPOSED PRICE

Total Guaranteed Maximum Price

The sum of the prices for the individual elements identified above, together with the prices for all other elements of the Work equals the Total Guaranteed Maximum Price (HST not included) and represents the full and final price to the Owner.

Name of Proponent

Name and Position of Authorized Signatory

Signature

Date:___________________________

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 26.

APPENDIX C FORM OF AGREEMENT

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 27.

Glossary

AGREEMENT Demolition of Paramount Theater Building and the Ewert Building October xx, 2012

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 28.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx Page 29 of 48

TABLE OF CONTENTS GLOSSARY OF TERMS ARTICLE 1

The Work – Demolition of the Work ................................................................................... 4

ARTICLE 2

Hazardous Materials and Asbestos Abatement .................................................................. 5

ARTICLE 3

Work Not Included ............................................................................................................... 5

ARTICLE 4

Protection of Existing Facilities ............................................................................................ 5

ARTICLE 5

Traffic Control ................................................................................................................... 6

ARTICLE 6

Schedule

ARTICLE 7

Guaranteed Maximum Price ................................................................................................ 7

ARTICLE 8

Addresses for Notices ......................................................................................................... 7

ARTICLE 9

Law and Language of the Agreement ................................................................................. 7

................................................................................................................... 6

GENERAL CONDITIONS GC1

Assignment

................................................................................................................... 8

GC2

Review and Inspection of the Work ..................................................................................... 8

GC3

Control and Supervision of the Work................................................................................... 8

GC4

Applications for Payment ..................................................................................................... 9

GC 5

Protection of Work and Property ....................................................................................... 12

GC6

Laws, Notices, Permits and Fees ...................................................................................... 13

GC7

Workers’ Compensation Insurance ................................................................................... 13

GC8

Insurance

GC9

Indemnification ................................................................................................................. 13

GC10

Project Securities ............................................................................................................... 14

................................................................................................................. 13

SCHEDULE A Insurance Requirements & Conditions ..............................................................................15

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 29.

Glossary

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 30.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx Page 31 of 48

GLOSSARY OF TERMS For the purposes of this Agreement, the terms in quotation marks have the following meanings: “Acceptance” means the signing by the Owner accepting this Agreement; ”Agreement” means this document between the Owner and the Contractor for the Project; "Completion" means completion of the Work as determined by the Owner in accordance with the Agreement; "Completion Date" means the date of Completion of the Work as determined by the Owner in accordance with the Agreement; “Contact Person” is the person designated by the Owner as the point of contact for all enquiries related to this Project; “Contractor” means the person or persons or a company named as the Contractor in this Agreement and who has entered into this “Agreement” with the Owner and includes the Contractor’s personal representative or successors; "Contractor's Representative" means the representative of the Contractor designated under the Agreement; "Other Contractor" means any person employed by or having a separate contract or agreement directly or indirectly with the Owner for work related to the Project other than the Work; “Owner” means the Chilliwack Economic Partners Corporation, #201, 46093 Yale Road, Chilliwack, British Columbia V2P 2L8; “Owner’s Representative” means the representative of the Owner designated under the Agreement; “Project” means the Project to demolish the Paramount Theater Building located at 46187 Yale Road, Chilliwack, B.C. and the Ewert Building located at 46183 Yale Road, Chilliwack, BC to Completion; "Standards" means any and all Laws, building codes, professional standards and specifications applicable to the Work, or to work such as the Project, as they are in force from time to time or in the latest current version thereof, as the case may be; "Sub-contractor" means a person having a contract or agreement with the Contractor to perform a part or parts of the Work or to supply products worked to a specific design according to the Agreement, but does not include one who only supplies products not so worked; "Substantial Performance" means substantial completion as determined in accordance with the Builders Lien Act (British Columbia) by the Owner in accordance with this Agreement; "Work" means any action required under this Agreement to fulfill the obligations of the Contractor;

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 31.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 32 of 48 THIS AGREEMENT is made as of the xx day of xxxxxxxx, 2012 (the "Agreement") for the Demolition of the Paramount Theater Building and the Ewert Building (the “Project”) BETWEEN: CHILLIWACK ECONOMIC PARTNERS CORPORATION #201, 46093 Yale Road Chilliwack, B.C. V2P 2L8 ("Owner") AND:

("Contractor")

WITNESSES THAT the parties mutually agree as follows: ARTICLE 1

THE WORK

1.1

The Contractor shall, in strict accordance with the terms of this Agreement, perform for the Owner, all Work described in, required by, or inferred from this Agreement, which Agreement includes all the terms, conditions and provisions which are expressly incorporated by reference into this Agreement to the same extent and for the same purposes as if repeated verbatim herein.

1.2

The sites on which the Work is to be executed are the properties located at:

46183 Yale Road, Chilliwack, British Columbia, Lot 5 except: Firstly: East 6 feet, Secondly: Part subdivided by Plan 28409 Block 17 Division “E” New Westminster District Plan 1737; and

46187 Yale Road, Chilliwack, British Columbia, Parcel B (Explanatory Plan 9217) except: Parcel A (Explanatory Plan 21835) of Lots 5 and 6 Block 17 Division E New Westminster District Plan 1737.

1.3

The Work shall include all labour, materials, equipment and services necessary for the removal of all asbestos containing and all other contaminated and/or hazardous materials, and the demolition and removal of the all existing structures in their entirety including footings, concrete slab on grade, and curbs within the property lines of those sites.

1.4

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 32.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

1.5

1.6

ARTICLE 2

Page 33 of 48 Demolition shall be carried out in strict accordance with the latest or most recent editions of the B.C. Building Code, WCB regulations and the rules and regulations of all other regulatory authorities having jurisdiction. The Work shall also include, but shall not necessarily be limited to the following:

Provision of fencing, hoarding, site security, and whatever other means necessary to ensure public and worker safety at all times (24 hours per day, 7 days per week);

Provision of temporary facilities and security measures to ensure safe secure on-site storage of hazardous materials and other materials until the time of transportation to their off-site destination; sale of salvage material at the sites is not permitted;

Confirmation that all utilities have been disconnected;

Confirmation and assurance that neighboring buildings will be adequately protected in the course of all demolition activities;

Remediation of any damage caused by on-site operations to the existing buildings abutting the structures to be demolished; and

Confirmation prior to the removal of site security measures that the sites do not present safety hazards to the public.

HAZARDOUS MATERIALS AND ASBESTOS ABATEMENT

2.1

The Work shall include the removal of known asbestos containing materials by competent persons trained, knowledgeable and qualified in the handling and disposal of asbestos materials using the appropriates work procedures as required by WCB.

2.2

Disposal of all hazardous waste will be conducted in accordance with the Ministry of Environment regulations pertaining to hazardous waste.

2.3

The Work shall include but not be limited to, the following:

Removal and disposal of hazardous materials in accordance with applicable regulatory requirements;

Diversion of waste material from the landfill where possible;

All waste bins used for material storage and transportation will be clearly marked as to their contents and will be secured at the end of each work day;

Contractor shall provide waybills to demonstrate responsible disposal of hazardous materials;

In the event of accidental release of hazardous debris during transportation, the Contractor shall be fully responsible for all costs associated with the clean up;

Waterways, storm or sanitary sewers are not to be used for the disposal of any liquid waste or volatile fluids. Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 33.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 34 of 48 ARTICLE 3 3.1

The Owner has previously arranged for the disconnection of the utilities to the buildings.

3.2

ARTICLE 4

PROTECTION OF EXISTING FACILITIES

4.1

The Contractor will conduct its operations with minimum interference to adjacent public or private roadways, lanes, parking areas, sidewalks and access facilities and will keep those areas free of materials, debris and equipment at all times.

4.2

The Contractor shall:

ARTICLE 5 5.1 5.2

WORK NOT INCLUDED

Take all necessary precautions to fully protect the existing adjoining properties, streets, lanes, parking areas, paving, sidewalks, etc., against damage during the Work.

Make good, at no expense to the Owner, any damage or disruption caused to the adjoining properties, utilities, services, sidewalks and curbs, not called for as part of the Work of this Project. All repair work shall only be done after consultation with the Owner, appropriate parties and authorities and to standards and codes of the authorities having jurisdiction.

“Make good” means restoration to at least original condition in terms of strength, safety, workmanship and appearance.

Not be responsible for any waterproofing or painting of adjoining buildings.

Ensure all vehicles leaving the Work site are in clean condition and do not deposit any soils or other materials on the roads and streets.

TRAFFIC CONTROL Provide and maintain access roads, sidewalk crossings, ramps, and construction runways as may be required for access to the Work. Comply with traffic requirements of the City and other authorities having jurisdiction and obtain approval from the City Engineering Department for site ingress and egress locations, Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 34.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 35 of 48 use of sidewalks, street access, use of parking and delivery facilities, etc., relevant to this Project. 5.3

Maintain access for fire trucks to site during demolition period to the satisfaction of the City and other local authorities having jurisdiction.

5.4

Keep adjacent existing driveways, walkways, roadway, and lanes, clear at all times.

5.5

Provide and maintain flag persons, traffic signals, barricades and flares/ lights/ lanterns as required to perform the Work and protect the public and others.

ARTICLE 6

SCHEDULE

6.1

The Contractor shall do and fulfill everything indicated by this Agreement, and shall commence the Work on or within the dates specified in the notice by the Owner to the Contractor to commence the Work (the “Notice to Proceed”) from the Owner to the Contractor, or if no date is specified in the Notice to Proceed, then immediately upon receipt of the Notice to Proceed and shall attain Completion of the Work as determined and certified by the Owner.

6.2

The Contractor shall achieve Substantial Completion of the Work on xxxxxxxx, 2012 and achieve Completion of the Work on xxxxxxxxx, 2012.

ARTICLE 7

GUARANTEED MAXIMUM PRICE

7.1

The Owner agrees to pay the guaranteed maximum price of xxxxxxxxxxxxxxxxxxxxxxx ($xxxxxxxx) in Canadian dollars including all applicable taxes but excluding HST, to the Contractor for the satisfactory performance of the Work to Completion, for satisfactory performance of all the Contractor’s obligations under the Agreement.

7.2

The Owner and Contractor agree that the Contractor will not be entitled to any further payment with respect to the Agreement, except for extra work and changes provided that such are authorized in writing strictly in accordance with the provisions of the Agreement, and that prior to commencing any such work a written change order duly issued by the Owner in accordance with the provisions of the Agreement has been obtained.

7.3

The Owner will:

7.4

ARTICLE 8 8.1

make monthly progress payments to the Contractor on account of work performed as certified by the Owner; and

upon Completion of the Work as determined by the Owner, pay to the Contractor the unpaid balance of monies due.

If the Owner fails to make payments to the Contractor as they become due under the terms of the Agreement, interest on such unpaid amounts at the annual prime rate of interest specified from time to time by the Royal Bank of Canada as its prime lending rate for loans made in Canada in Canadian dollars, plus two (2%) per cent, calculated monthly and not compounded, shall also become due and payable until the date payment is received by the Contractor. ADDRESSES FOR NOTICES Communications in writing between the Owner and the Contractor shall be addressed as follows: Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 35.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

To the Owner at:

Page 36 of 48 CHILLIWACK ECONOMIC PARTNERS CORPORATION #201, 46093 Yale Road Chilliwack, B.C. V2P 2L8 Attention: Eric Dyck, Project Manager, Phone No.: 604-793-2739 Email: dyck@chilliwack.com

To the Contractor at:

All such communications shall specifically refer to and identify the names of the parties and this Agreement. ARTICLE 9 9.1

LAW AND LANGUAGE OF THE AGREEMENT The law of the Province of British Columbia shall govern the interpretation of the Agreement which is drawn in English.

GENERAL CONDITIONS GC1

ASSIGNMENT 1.1

GC2

GC3

Neither party to the Agreement shall assign the Agreement, or a portion thereof, without the written consent of the other, which consent shall not be unreasonably withheld.

REVIEW AND INSPECTION OF THE WORK 2.1

The Owner shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Owner and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the place of the Work, the Owner shall be given access to such work whenever it is in progress.

2.2

The Owner may order any portion or portions of the Work to be examined to confirm that such Work in accordance with the requirement of the Agreement. If the Work is not in accordance with the requirements of the Agreement, the Contractor shall correct the Work and pay the cost of examination and correction. If the Work is in accordance with the requirements of the Agreement, the Owner shall pay the cost of examination and restoration.

2.3

The whole of the Work and the manner performing the same shall be done to the entire satisfaction and approval of the Owner’s Representative and he shall be the sole judge of the Work and materials in respect of both quantity and quality and his decisions with regard to the Work and materials shall be final and binding upon the Contractor.

CONTROL AND SUPERVISION OF THE WORK 3.1

The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Agreement Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 36.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 37 of 48

GC 4

3.2

The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various part of the Work under the Agreement.

3.3

The Contractor shall be solely responsible for construction safety at the place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work.

3.4

The Contractor shall employ only those sub-contractors that are pre-approved by the Owner.

3.5

If the Owner requires the Contractor to change a proposed sub-contractor or supplier the Agreement price and schedule shall be adjusted by the differences occasioned by such required change.

3.6

The Contractor shall not be required to employ as a sub-contractor or supplier, a person or firm to whom the Contractor may reasonably object.

3.7

The Contractor shall provide and pay for labour, products, tools, construction machinery and equipment, water, heat, light, power, transportation and other facilities and services necessary for the performance of the Work in accordance with the Agreement.

3.8

The Contractor shall maintain good order and discipline among the Contractor’s employees engaged on the Work and shall not employ, on the Work, anyone not skilled in the tasks assigned.

3.9

The Contractor shall confine construction machinery and equipment, storage of products and operations of employees to limits indicated by laws, ordinances, or permits, and shall not unreasonably encumber the Work with products.

3.10

The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work.

3.11

The Contractor will be required to submit evidence that only personnel properly trained and qualified to remove asbestos, or any other hazardous material, will be employed for this Work. Approval will be at the discretion of the Owner and will be required prior to the award of the Work.

3.12

The site must be kept clean and safe during and at Completion of the Work.

3.13

The Contractor will be responsible for the safety and security of all of its equipment and materials on the site.

APPLICATIONS FOR PAYMENT 4.1

Terms of Payment a) The terms of payment shall be net 30 days from the day of acceptance by the Owner or receipt of the invoice(s) by the Owner, whichever is later unless stated otherwise in the Agreement. Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 37.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 38 of 48 b) A 10% Builders’ Lien holdback will be applied to the Contractor’s invoice pending final approval of workmanship and materials by the Owner of the completed work. c) The Contractor shall pay any and all accounts for labour (including Workers’ Compensation, Unemployment Insurance assessments and wage and salary deductions required by law), services and materials used by them during the fulfillment of the Agreement as and when such accounts become due and payable, and shall furnish the Owner with proof of payment of such accounts in such form and as often as the Owner may request. Should payment of such accounts not be made when and as the same become due, the Owner shall be at liberty to pay the same and all monies so paid by the Owner shall be charged to the Contractor. d) Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Agreement, of Work performed and products delivered to the place of the Work at that date. e) The Contractor shall submit to the Owner, at least 14 days before the first application for payment, a schedule of values for the part of the Work, aggregating the total amount of the Agreement price, so as to facilitate evaluation of applications for payment. f)

The schedule of values shall be made out in such form and supported by such evidence as the Owner may reasonably direct and when accepted by the Owner, shall be used as the basis for applications for payment, unless it is found to be in error.

g) Claims for products delivered to the place of the Work, but not yet incorporated into the Work, shall be supported by such evidence as the Owner may reasonably require to establish the value and delivery of the products. h) The said schedule shall be accompanied by a Statutory Declaration stating that all amounts then due and owing to sub-contractors or other creditors have been paid. If any amounts have not been paid the Contractor shall specify the amounts and parties involved and the Owner may deduct these amounts from the progress payment in addition to the statutory lien holdback. i)

The Contractor shall pay all sub-contractors, product suppliers, labourers and mechanics that they employ, such sums as are due to them. The Contractor shall take all necessary steps to see that the sub-contractors pay for their materials and labour. All payments shall be made promptly when due.

In the event that builders’ liens or other charges are filed in the Land Title Office against the title to the Owner’s property on which the Work is undertaken, by subcontractors or any party employed, retained, or used directly or indirectly in completing the Work or supplying materials for the Work, the Contractor shall immediately cause such builders’ liens or other charges to be removed and discharged from the said title. If the Contractor fails to comply with the foregoing, all costs, expenses, legal fees (on a solicitor and client basis) incurred by the Owner in discharging the said builders’ liens or other charges or in prosecuting or defending any action related to the said builders’ liens or other charges, shall be reimbursed to the Owner by the Contractor within five days of written request for same. If the Contractor should fail to reimburse the Owner as aforesaid the Owner may deduct same from any amounts due to the Contractor under this Agreement and if there are Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 38.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 39 of 48 no such amounts due, shall constitute a debt due and owing by the Contractor to the Owner. 4.2

Payment of Holdback a) The Contractor shall submit an application for payment of the holdback amount together with a sworn statement that all accounts have been paid in full for labour, sub-contracts, construction machinery and equipment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible, except for amounts properly retained as a holdback or as an identified amount in dispute. b) If a lien or claim of lien is filed or registered by a sub-contractor, material supplier, worker or other person entitled to file a lien or claim of lien under the lien legislation applicable to the place of the Work, the Contractor shall defend the Owner with respect to any action which may arise as a result of such lien or claim of lien and shall reimburse the Owner for any damages or costs which may result from such action, and the Contractor shall pay for all legal costs incurred in the removing of any registered lien or claim of lien.

4.3

Final Payment a) When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment.

4.4

Withholding of Payment a) If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of Work that cannot be performed, payment in full for that portion of the Work which has been performed shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is finished, only such an amount that is sufficient and reasonable to cover the cost of performing such remaining work. b) Monies held back against deficient or unsatisfactory works after the declaration of Substantial Performance will be certified for payment upon completion of such works to the satisfaction of the Owner. c) The Owner may withhold, or on account of subsequently discovered evidences, nullify the whole or part of any certificate for payment to such extent as may be necessary to protect the Owner for loss on account of defective work not remedied.

4.5

Non conforming Work a) No payment by the Owner under the Agreement, nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work, which is not in accordance with the requirements of the Agreement.

4.6

Changes in the Work a) The Owner, without invalidating the Agreement, may make changes in the Work consisting of additions, deletions, or other revisions to the Work by Change Order. b) The Contractor shall be responsible for requesting any additional instructions or clarifications that may be required from the Owner which are needed for the Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 39.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 40 of 48 performance of the Work and shall request such instruction or clarifications in time to avoid any delay of the Work. c) If a change in the Work results in a net decrease in the Price, the amount of the credit shall be the net cost, without deduction for overhead or profit. When both additions are deletions covering related work or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be calculated on the basis of the net increase, if any, with respect to that change in the Work. d) The Contractor shall keep and present, in such form as the Owner may require, an itemized accounting of the cost of expenditures and savings together with supporting data. The cost of performing the Work attributable to the change shall be limited to the actual cost of all of the following:

Wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor;

Salaries, wages, and benefits of the Contractor’s office personnel engaged in a technical capacity and other personnel at shops or on the road, engaged in expediting the production or transportation of materials or equipment;

Contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial health insurance, workers’ compensation and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Contractor and included in the cost of the Work;

The cost of all products including cost of transportation thereof;

The cost of materials, supplies, equipment, temporary services and facilities, and hand tools not owned by the works, including transportation and maintenance thereof, which are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor;

Rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof;

Deposits lost;

The amounts of all sub-contracts;

Charges levied by authorities having jurisdiction at the place of the Work;

Any adjustment in taxes and duties for which the Contractor is liable.

e) Overhead and profit is defined as follows, and shall be calculated on each Change Order or change directive only once:

Where performed by the Contractor, the total billing shall be the cost of labour and materials as defined above plus ten percent (10%) for overhead and five percent (5%) for profit;

Where performed by a Sub-contractor: Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 40.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

GC 5

The Contractor shall protect the Work and the Owner’s property and property adjacent to the place of the Work from damage and shall be responsible for damage which may arise as the result of his operations under the Agreement, except damage which occurs as the result of:

GC7

GC8

the total billing by the Contractor to the Owner shall be the Sub-contractor’s billing plus five percent (5%) for combined overhead and profit.

PROTECTION OF WORK AND PROPERTY

5.1

GC 6

Page 41 of 48 the billing by the Sub-contractor to the Contractor shall be the Subcontractor’s cost as defined above plus ten percent (10%) for combined overhead and profit;

Errors in the Agreement Acts or omissions by the Owner, other contractors, their agents and employees

5.2

Should the Contractor, in the performance of this Agreement, damage the Work, the Owner’s property or property adjacent of the place of the Work, the Contractor shall be responsible for the making good of such damage at this expense.

5.3

The Contractor shall provide all requisite barriers, fences, warning signs, lights and personnel for the protection of persons and property on and adjacent to the Site.

5.4

The Contractor shall abide by the Owner’s requirements as to the protection and security of the Owner’s property and operation during the term of the Agreement. The Contractor shall notify all parties involved in demolition or construction activity of the requirements and ensure enforcement. The Contractor shall confine activities relating to the Work to the immediate areas, and within the bounds established by the Owner. No fire, explosions, or similar dangerous activities are permitted on the Owner’s property without the Owner’s written permission.

LAWS, NOTICES, PERMITS AND FEES 6.1

The laws of the place of the Work shall govern the Work.

6.2

The Contractor shall obtain and pay for the demolition permits and all other permits, licenses, City inspection fees, damage deposits and certificates required for the performance of the Work which are in force at the date of this Agreement.

6.3

The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety.

WORKERS’ COMPENSATION INSURANCE 7.1

The Contractor must procure a release from the Workers’ Compensation Board stating that he and all his sub-trades have paid all assessments due and that they are in good standing.

7.2

The Contractor must submit this release to the Owner with the each Contractor’s claim for payment. Payments will not be approved until such release has been obtained and accepted.

INSURANCE Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 41.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 42 of 48

GC9

8.1

Without restricting the generality of indemnification, the Contractor shall provide, maintain and pay for the insurance coverage outlined in Schedule A to this Agreement.

8.2

The Contractor and/or his Sub-contractor(s), as may be applicable, shall be responsible for any deductible amounts under the policies of insurance except for perils of flood and earthquake.

8.3

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

8.4

The Contractor shall provide the Owner with proof of insurance for those insurances required by the Contractor prior to the commencement of the Work.

8.5

The Contractor hereby waives all rights of recourse against the Owner and any other contractors engaged in the Work with regard to damage to the Contractor’s property.

INDEMNIFICATION 9.1

Notwithstanding the provision of insurance coverage by the Owner, the Contractor will indemnify and save harmless the Owner, the City of Chilliwack, their consultant(s), and their employees and agents, from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that the Owner may sustain, incur, suffer or be put to at any time with before or after the expiration or termination of this Agreement, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission of the Contractor or of any agent, employee, officer, director of Sub-contractor of the Contractor pursuant to this Agreement, excepting always liability arising out of the independent negligent acts of the owner.

GC10 PROJECT SECURITIES 10.1

The Contractor shall provide to the Owner a 50 percent performance bond and a 50 percent labour and materials payment bond for the Project written by a surety or sureties acceptable to the Owner upon the signi9ng of the Agreement.

10.2

The Contractor acknowledges and agrees that the labour and material bond, the performance bond or the money order, certified cheque or letter of credit in lieu of the bonds, provided to the Owner by the Contractor as required by the Agreement, shall be valid for, and held by the Owner and may be drawn upon at any time up to sixty (60) days following Substantial Completion of the Work. The labour and material bond, performance bond, money order or irrevocable letter of credit in lieu of a bond must be provided to the Owner by the Contractor upon entering into this Agreement and prior to start of any work on the site(s).

10.3

Bonds shall be issued by a corporation licensed to carry on the business of surety in British Columbia, and shall be in the most current form of such bonds approved for use by the Canadian Construction Documents Committee. Only money orders, certified cheques or clean, unconditional, irrevocable letters of credit are considered cash equivalents to a bond.

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AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 43 of 48

IN WITNESS WHEREOF the parties have agreed to be bound by all the terms and conditions of this Agreement and have executed and delivered this Agreement by their duly authorized representatives to be effective as of and from the day and year first above written.

THE CORPORATE SEAL of ) CHILLIWACK ECONOMIC PARTNERS) CORPORATION was hereunto ) affixed in the presence of: ) ) _______________________________ ) Authorized Signatory ) ) _______________________________ ) Authorized Signatory ) Date signed by CEPCO:

_____________________, 2010

THE CORPORATE SEAL of ) xxxxxxxxxxxxxxxxxxxxxxxxxx ) was hereunto affixed in the presence of: ) ) ______________________________ ) Authorized Signatory ) ) ______________________________ ) Authorized Signatory ) Date signed by xxxxxxxxxxxxxxxxxxxxxx:

____________________, 2010

NOTE: Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 43.

AGREEMENT – Demolition of the Paramount Theater Building and the Ewert Building Xxxxxxx, 20xx

Page 44 of 48 If the Contractor is incorporated, execution shall be by duly authorized officers of the corporation and the corporate seal shall be affixed. If the Contractor is not incorporated, the partnership or proprietorship shall be named and the partners in the case of the partnership or the individuals comprising the proprietorship shall sign and their signatures shall be witnessed as indicated. If the Contractor is a Joint Venture, each member of the Joint Venture shall execute the Contract in its own name and in accordance with the foregoing, attaching additional pages as required.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 44.

APPENDIX C – FORM OF AGREEMENT SCHEDULE “A” INSURANCE REQUIREMENTS & CONDITIONS 1.0

The Contractor shall maintain and keep in force until termination of the agreement a Project Specific Wrap-up Commercial General Liability Policy specifically named for the project in an amount of $10,000,000.00 per occurrence. The maximum deductible, to be paid by the Contractor, shall be $10,000.00 or less. The policy must include: l) m) n) o) p) q) r) s) t) u) v)

2.0

3.0

4.0

The Contractor shall not do or permit anything to be done which would render any insurance void or voidable or which would cause an increase in the insurance premiums. If the Contractor fails to keep and maintain the required insurance, the Owner may in its sole discretion may keep and maintain the insurance and the cost to the Owner for doing so shall be a debt due and owing by the Contractor to the Owner. The Owner may terminate the Contract Agreement by notice given to the Contractor if the Contractor fails to deliver any required certificates of insurance or any proof that insurance is still in full force and effect as required by this section.

5.0

6.0

The Contractor shall provide all risks contractor’s equipment insurance which shall include flood and earthquake protecting all machinery and equipment owned, rented or leased for which the Contractor is responsible for in the performance of the work for the actual cash value of the machinery or equipment and waives the right of subrogation against the Owner and the City of Chilliwack.

7.0

Use and Occupancy: Use and occupancy of the work or any part thereof prior to the date of completion shall not be cause for any termination of insurance coverage shown in the applicable sections.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 45.

APPENDIX C – FORM OF AGREEMENT 8.0

The successful Contractor shall provide coverage for sudden and accidental pollution coverage in the amount of $10,000,000.00. This may be a floater to the general liability policy.

9.0

All the foregoing insurance will be primary and not require the sharing of any loss by any insurer of the Owner or the City of Chilliwack.

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 46.

APPENDIX D – SITE MAP APPENDIX D

SITE PLANS & BUILDING DRAWINGS

D-1

SITE PLAN

D-2

PARAMOUNT THEATER BUILDING DRAWINGS

Request for Proposals Demolition of Paramount Theatre Building and Ewert Building Project September 25, 2012 – Page 47.

APPENDIX E – HAZARDOUS MATERIALS REPORTS APPENDIX E

HAZARDOUS MATERIALS REPORTS

E-1

46183 YALE ROAD – EWERT BUILDING

E-2

46187 YALE ROAD – PARAMOUNT THEATER BUILDING

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