Welcome to StrataWork.ca Request for Proposal Standard terms. This service is provided to you by StrataWork.ca and your use of this service constitutes your acceptance of these terms and conditions. THIS SERVICE IS USE AT YOUR OWN RISK, MEANING STRATAWORK.CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, CANNOT BE HELD LIABLE FOR ANY CLAIM ARISING OUT OF THE USE OF THIS SERVICE AND DO NOT WARRANT THIS SERVICE AGAINST MALFUNCTION, INTERRUPTION, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REASON WHATSOEVER. You agree to be bound by these standard terms and conditions when using this service.

Definitions

These are the definitions for these Request for Proposal terms and conditions of use only and do not translate to any other document posted on this website.

Strata Corporation: Means an authorized agent to the Strata Corporation, its authorized council to act on behalf of the strata corporation, or an independent agent under contract by the Strata Corporation

Contractor: means an authorized agent, employee, owner, with signing authority to enter into contracts on behalf of the company

System: means StrataWork.ca Request for Proposal service.

Bids: means a proposal submitted for the Request.

Submitter: Means any registered contractor or service provider

  1. Request for Proposal
    1. The Request for Proposal("RFP") is issued by strata corporations who are registered with British Columbia Land titles office and have a strata plan number. Each Strata Corporation may provide opportunities for Requests for Proposals that in order to be awarded work contractors must register with StrataWork.ca and attach their proposal for the associated work. This is the only method at which a contractor may submit proposal in order to be eligible to be awarded work.
    2. All opportunities for contractors will have a closing date and any proposals received after that closing date will not be considered by the strata corporations in the awarding of work.
    3. All contractors submitting proposals must provide a minimum 45 day irrevocable proposal after closing as to give the Strata Corporation enough time to evaluate each proposal.
  2. Site Viewing
    1. Strata Corporations may choose to have a mandatory site viewing of all required work listed within the Request for Proposal. If any participants fail to attend that viewing there proposals cannot be considered in the decision to award work.
    2. If viewing is not a mandatory requirement then eligible participants may place their proposals based on the Scope of Work provided. Placing a proposal on the scope of work provided without scheduling a time to view the site, will waive the contractors right to withdrawal his proposal after the closing date based on the inaccuracy of the Scope of Work or claim for any damages with respect to lack of knowledge of the required work.
    3. Any contractors wishing to attend the mandatory site viewing must arrive on time, and by their own means of transportation. Any contractors (or representatives of contractors authorized with a letter of authorization) that are late may be rejected to compete at the discretion of strata corporation. Strata Corporations will not be responsible for any costs in attending this site viewing.
  3. Information Meeting
    1. Strata Corporations may or may not hold Information meetings to answer questions the contractors may have.
    2. If no meeting is held then information must be obtained by contacting the on-site contact for that proposal, or referring to the information provided online.
    3. The Strata corporation agents and representatives do not warrant the accuracy of information, whether expressed verbally, written, implied, or any other manner of expression as all information has been obtained by an un-licensed individual.
  4. Contractor Eligibility or Disqualification
    1. In addition to the other eligibility requirements in these Conditions and the request for proposal Documents, the contractors must meet the following requirement(s) in order to be eligible to submit proposals;
      1. Be eligible to work within the city where the services are being supplied
      2. Be eligible to work within Canada
      3. Be registered with Canada Revenue Agency and provide a HST number at the request of the Strata Corporation or their agent.
      4. Strata Corporations Reserve the right to disqualify contractors and award the contract to another contractor IF he has:
        1. withdrawn an irrevocable bid;
        2. failed to enter into a contract within the time limits specified in a contract award letter;
        3. had a contract cancelled by the strata Corporation;
        4. forfeited all or part of a bid security;
        5. breached a contract;
        6. had all or part of a contract performance security retained;
        7. or;

          Had a charge assessed for failing to comply with the requirements of a previous contract.
  5. Proposal Security Requirement
    1. If a Strata Corporation requires proposal security, that security amount must be received in trust to the strata corporation before RFP closing date. All contractors without will be disqualified from the decision to award work.
    2. Any unsuccessful contractors will have their proposal securities returned to them upon notification.
    3. The proposal Security obtained may be held as contract security after the award of work to a successful contractor
  6. Contract Performance Security Requirement
    1. If a Strata Corporation requires Contract performance Security, that security must be submitted to the strata corporation within one week of the award letter.
    2. If a Security deposit hasn't been retained within 1 week the Strata Corporation reserves the right to cancel the contract and award the work to the next successful contractor.
  7. Option to Renew

    All contracts awarded on this website will be for the prescribed time of the contract. At time of renewal the strata Corporation reserves the right to enter into a new contract or seek a new contractor by any means necessary.
  8. Contractors Representations
    1. It is the contractor's sole responsibility to ensure that they have received all RFP Documents. Submission of the Proposal by the contractor is a representation by the contractor that the contractor has verified receipt of a complete set of Tender Documents including any and all amendments to the Proposal Documents
    2. Submission of the Proposal by the contractor is a representation by the contractor that they have investigated and satisfied itself of every condition affecting delivery of the Work, including every condition affecting the Work Site, and including every factor that may affect the contractor's ability to perform the Contract in accordance with the RFP and the RFP Documents.
    3. The contractor further represents by submission of the Proposal that they have made its own investigation and has relied solely upon its own knowledge, information, and judgment, and not upon any statement, representation or information made or given by the Strata Corporation or any of its employees, owners, agents, other than the information contained in the RFP Documents
    4. Submission of the Proposal is deemed by the parties to be conclusive evidence that the contractor has made such investigations and inquiries as the contractor determines necessary and that the contractor assumes all risk regarding any conditions affecting the Work.
    5. The contractor affirms it is not an Associated Person to, or acting in concert with, a Disqualified contractor and undertakes to not knowingly do so during the term of the Contract
  9. Proposal Submission
    1. Proposals may only be submitted electronically, through StrataWork.ca any proposals received through direct electronic means i.e. Email will result in that proposal being disqualified.
    2. Submission must be made prior to Closing date
    3. This form of communication is not always reliable and that no Strata Corporation can be liable for bids received after the closing date due to system malfunction, interruption, or failure.
    4. Strata corporations assume no responsibility for timely receipt of proposals.
    5. All proposals received to the strata corporation are assumed to have been submitted by someone with authority by virtue of access to this RFP system. It is the contractor's responsibility to monitor who is submitting bids and who has access to Stratawork.ca contractor services.
  10. Proposals Complete
    1. All contractors must submit their proposals containing all minimum work required in the RFP, and any other work they deem necessary to complete the required work. The Proposal must be broken down into components describing the work to be done, deemed by the contractor and have a total price listed. The Proposal must be inclusive of all of the contractor's fees, overhead, profit, expenses of any kind, cash allowances, contingencies and applicable taxes in force on the Closing Date.
    2. The Proposals must include type and quantity of materials to be used to complete the work and any bids omitting what type and quantity of material is used may be disqualified at the discretion of the Strata Corporation.
  11. Addenda and Clarification of proposal Documents
    1. If a contractor reads the RFP documents and views the work site and finds discrepancies they must notify the Strata Corporation of the discrepancies within a minimum 3 days before closing.
    2. If the Strata Corporation needs to make a change all contractors will be notified that changes have occurred and their proposals need be re-submitted as accurate in order to continue to participate.
    3. If an announcement has been issued and the contractor fails to receive it due to any reason, the contractor cannot hold anyone liable for not being able to participate.
  12. Equivalents
    1. Materials stated in the proposal at minimum need to be used but if the material is no longer available for whatever reason a contractor may, at the approval of the Strata Corporation, change the material type but only charge at cost the cost of the new material. The change of the material must be approved by the Strata Corporation and must meet all building codes and national safety codes.
  13. Revisions to proposals
    1. Revisions to proposals may be done prior to the closing date. If a contractor realizes changes need to occur to their proposal they should remove that initial proposal and submit another proposal. If they do not remove their original proposal each successive proposal will be the deemed the correct proposal.
  14. Verification of proposal Receipt
    1. Upon submitting a proposal, an email notification letter will be generated to confirm your proposal has been received. Notification letters will only occur after such safety precautions have been cleared by StrataWork.ca and have allowed the proposal to be uploaded.
  15. Withdrawal of proposal

    Withdrawals of proposals can only take place prior to RFP closing date, Strata corporations assume no responsibility for proposals that are inaccurate and that were attempted to be removed minutes before the closing time due to system malfunction, interruption, or failure and bidder technology problems, interruptions, malfunction, or personal problems.
  16. Opening and Evaluation of Proposals
    1. Upon receipt of a proposal the Strata Corporation may view the proposal. Only after the closing date all proposals will be considered delivered and 'opened' for evaluation by the Strata Corporation.
    2. The contract will not be awarded on the opening date
    3. If the Strata Corporation only receives one proposal, the strata must evaluate compliance of the proposal. If the proposal is in the opinion of the strata corporation, unsuitable, then the work may be reposted for additional proposals. If the proposal in the opinion of the strata is suitable, then the strata corporation may proceed to award the work.
    4. The lowest or any other proposal will not necessarily be accepted. The Strata Corporation reserves the right to:
      1. Reject all proposals;
      2. reject a bid which in the sole opinion of the strata Corporation is too low to provide the contractor with adequate resources to perform the Work; and,
      3. refuse award of the work to a contractor the strata corporation judges to be fully or over committed on other projects; and
      4. accept bids for the whole of the Work or may delete any part at its discretion
    5. If a proposal price is incomplete, contains an omission, does not fairly represent proper compensation for an item of work to be done, or fails to provide an accurate total price, the Strata Corporation may disqualify the proposal
  17. Obligations of Successful Submitter
    1. Upon receiving the contract award letter, contractors must take the following steps before commencing work.
      1. supply the Strata Corporation with a signed contract
      2. Confirm WCB coverage's exist,
      3. confirm Insurance coverage exists
      4. Provide contract performance security if required;
    2. If the Successful contractor does not complete the steps, as required in the last Paragraph 16 a), within the time specified in the contract award letter, the Strata Corporation may, by written notice cancel the Contract award letter and award the work to another contractor, and
      1. if there is a proposal Security, make a demand on the proposal Security, which will be either:
        1. the difference between the successful contractors total proposal price or the total estimated proposal price and the total proposal price or estimated proposal price of the next qualified contractor or;
        2. the proposal security
        whichever is less or;
      2. if no proposal Security was required, the Strata Corporation may pursue any remedy available to it at law or in equity, including the payment of liquidated damages by the contractor calculated as the difference between the contractors Total proposal Price and the total proposal price of the next lowest qualified contractor. And;
      3. the Strata Corporation may give written notice to the Successful contractor that its eligibility to submit proposals to Its strata corporation RFPs is pending suspension. If the Successful contractor fails to satisfactorily execute two additional Strata Corporation contracts within the same calendar year, the Strata Corporation reserves the right to disqualify the Successful contractor from bidding on future contracts for a period of two years from the date of the last contract award letter.
    3. In the event that the Successful contractor has already started the Work, and is in default under Paragraph 16 'A', and the default continues for seven days after written notice to correct the default is given to the Successful contractor, the Strata Corporation may terminate the Contract or cancel the Contract award letter, and the Successful contractor must reimburse the Strata Corporation for all costs, expenses, damages and losses arising out of the Successful contractors default
    4. The Successful contractor must authorize the Strata Corporation to cash the proposal Security and hold it as a Contract Performance Security until satisfactory completion of the Contract. Where no proposal Security was required, yet a Contract Performance Security is, the contractor shall submit one of the financial performance security instruments specified in Paragraph 16, e)
    5. As an alternative to Paragraph 16.d), the Successful contractor may request the return of the proposal Security after submitting one of the following financial performance security instruments in the amount specified in Paragraph 5.a)
      1. an irrevocable letter of credit issued by a financial institution, payable to the Strata Corporation, having a termination date at least 90 days after the Contract completion date. If a Letter of Credit is required for a contract with a term greater than one year, it must contain the verbatim 'renewal Clause', as provided by the Strata Corporation, allowing for the automatic extension or renewal on an annual basis until the Contract is complete;
      2. a treasury bill note issued by the Government of Canada or the government of any Province of Canada and covered by a duly executed 'Safekeeping Agreement', in the form set out in the RFP Documents;
      3. a marketable bond in fully registered form issued and guaranteed by the Government of Canada or the government of any Province of Canada with a maturity date of no longer than 3 years, together with a duly executed Safekeeping Agreement;
      4. a short-term deposit registered in the name of the Strata Corporation issued by a financial institution and covered by a duly executed Safekeeping Agreement;
      5. Cash or a money order, certified cheque, or bank/credit union draft, made payable to the Strata Corporation.
    6. cheques, company cheques and Canada Savings bonds are not acceptable Contract Performance Securities.
  18. Independent Bidding
    1. Bid Rigging is a criminal offense under the federal Competition Act. The Strata Corporation may report any suspicion of bid rigging immediately to the Director of Investigation and Research appointed under the Competition Act.
    2. By submission of the proposal, the contractor certifies that the unit prices and/or the Total proposal Price in the proposal were independently developed without consultation with any other contractor or potential participant.
    3. Bid rigging between contractors, if proven, will be sufficient cause for rejection of the proposals of all bidders involved in that bid rigging and may result in disqualification from all proposal submissions on all future Strata corporation contracts for up to two years.
  19. Successful Contractor's Representative
    1. The Contractor shall appoint a Contractor Representative fluent in English, who shall:
      1. Have full authority to act on behalf of the Contractor in connection with the Work and the Contract; and;
      2. Be available to the Strata Corporation Representative, when requested, and be present at all times at any site where the Work is carried out.
  20. Ownership
    1. The proposal, and all documents submitted as part of the proposal, become the property of the StrataWork.ca, and are subject to the provisions of the Protection and Privacy of information act and privacy policy terms set by StrataWork.ca
    2. The Strata Corporation will be the exclusive owner of all rights to any materials or property produced under the Contract and the contractor and its agents must not patent, copyright or otherwise claim any rights of ownership to any materials or property produced under the Contract
  21. Limitation of Damages
    1. The contractor, by submitting a Proposal, agrees that it will not claim damages in excess of the reasonable costs incurred by the contractor in preparing its Proposal for matters relating to the Contract award or in respect of the RFP process, and the contractor, by submitting a Proposal, waives any claim for loss of profits if no Contract award is made to them.