request for proposal - new westminster...request for proposal nwrfp-19-01 construction manager...

REQUEST FOR PROPOSAL

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Construction Manager Services for New Westminster Aquatic and Community Centre

The City is seeking submissions from qualified Proponents for Construction Manager Services in New Westminster.

Closing Time: Tuesday, May 7, 2019

3:00 PM, Local Time, Vancouver BC

Closing Location: Main Information Desk

City of New Westminster City Hall 511 Royal Avenue,

New Westminster, BC, V3L 1H9

Further requests for information : Patrick Shannon, SCMP

Purchasing Manager

Email: [email protected]

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CORPORATION OF THE CITY OF NEW WESTMINSTER TABLE OF CONTENTS PART 1 RFP PROCESS & GENERAL REQUIREMENTS .............................................................. 3 1.0 Definitions ..................................................................................................................................... 3 2.0 Introduction .................................................................................................................................. 4 3.0 No City Obligations To Proponents ............................................................................................ 4 4.0 City Discretion .............................................................................................................................. 4 5.0 Proposal Instructions ................................................................................................................... 5 6.0 Contract Requirements ................................................................................................................ 5 7.0 General Conditions ...................................................................................................................... 5 8.0 Living Wage Employer ................................................................................................................ 6 9.0 Evaluation Criteria and Process ................................................................................................. 7 10.0 Negotiations .................................................................................................................................. 8 11.0 Budget ............................................................................................................................................ 8 12.0 Prime Contractor Designation .................................................................................................... 8 13.0 Publicity ........................................................................................................................................ 8 PART 2 BUSINESS REQUIREMENTS ............................................................................................... 9 1.0 City Overview ............................................................................................................................. 10 2.0 Background ................................................................................................................................. 10 3.0 Business Requirements .............................................................................................................. 10 4.0 Proponent Qualifications ........................................................................................................... 11 5.0 Summary of Work ...................................................................................................................... 12 6.0 Schedule ...................................................................................................................................... 13 7.0 Budget .......................................................................................................................................... 14 8.0 Materials Available To Proponents .......................................................................................... 14 9.0 Bonding and Guarantees Requirements .................................................................................. 14 PART 3 PROPOSAL FORMAT AND CONTENT REQUIREMENTS .......................................... 15 1.0 Proposal Cover Page .................................................................................................................. 16 2.0 Request For Proposal Documents ............................................................................................. 17 3.0 Proposal Format ......................................................................................................................... 17 APPENDIX A – PROPOSAL SUBMISSION REQUIREMENTS....................................................... 18 APPENDIX B – DECLARATION, LIVING WAGE EMPLOYER .................................................... 22 APPENDIX C – REFERENCES ............................................................................................................. 24 APPENDIX D – ABSENCE OF CONFLICT OF INTEREST ............................................................. 26 APPENDIX E – SUPPLEMENTARY GENERAL CONDITIONS TO CCDC 5B 2010 ................... 28 APPENDIX F – PRIME CONTRACTOR DESIGNATION ................................................................ 62 APPENDIX G – SUPPLEMENTARY CONDITIONS COMMENTS ................................................ 66 APPENDIX H – SCHEMATIC DOCUMENT AND DRAWINGS...................................................... 68 APPENDIX I – GEOTECHNICAL INVESTIGATION AND ENVIRONMENTAL REPORTS .... 70 APPENDIX J – REVISED SCHEDULE A1 AND A2 ........................................................................... 72

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CORPORATION OF THE CITY OF NEW WESTMINSTER

PART 1

RFP PROCESS & GENERAL REQUIREMENTS

1.0 DEFINITIONS

1.1 “Business Requirements” means the detailed specifications, requirements and Services set out in Part 2 of this RFP.

1.2 “CCDC 5B” means the Construction Management Contract – for Services and Construction 2010

1.3 “City”, “Owner” means the Corporation of the City of New Westminster.

1.4 “Contract” means a written contract for the Services and Work that may entered into by the City and a Proponent.

1.5 “Project” means the construction of the new aquatic and community centre in the City of New Westminster and potentially the demolition of the Canada Games Pool and Centennial Community Centre.

1.6 “Proponent” means a person who submits a Proposal to the City in response to this Request for

Proposal.

1.7 “Proposal” means a proposal submitted to the City in response to this RFP.

1.8 “Provide” “Supply” shall mean provide and pay for, and supply and pay for.

1.9 “Request for Proposal” “RFP” means this Request for Proposal, including all Schedules to this Request for Proposal, and any changes the City may from time to time make to this Request for Proposal.

1.10 “Services” means the definition in the CCDC 5B.

1.11 “Successful Proponent” means the Proponent who provides best value to the City and may be awarded a Contract under this RFP.

1.12 “Work” means the definition in the CCDC 5B.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 2.0 INTRODUCTION

The City of New Westminster is requesting proposals for a Construction Manager (CM) that can provide Services and Works (as defined in the CCDC 5B) for the New Aquatics and Community Centre project (NWACC). This facility will replace the existing Canada Games Pool and Centennial Community Centre, and will serve the community of New Westminster for at least the next 50 years. As a state of the art facility, it will meet current needs while providing the flexibility to address future needs. This facility will provide a welcoming and inclusive place for the community to engage in recreation and aquatic pursuits; as an example of excellence, it will be a place of pride and belonging for the community. Part 1 of this RFP describes the RFP process and sets out general requirements and expectations. Part 2 of this RFP sets out the Business Requirements, and contains detailed requirements regarding the services and products sought by the City under this RFP. Part 3 of this RFP sets out Proposal format and content requirements, which all Proponents are expected to adhere to in preparing their Proposal 3.0 NO CITY OBLIGATIONS TO PROPONENTS

3.1 This RFP is a request for proposals, and not a call for tenders or request for offers and no contractual obligations shall arise between the City and a Proponent upon the Proponent’s submission of a Proposal to the City. For clarity, the City shall have no obligations whatsoever to any Proponent until and unless the City and a Proponent enter into a formal, written contract for the Proponent to provide the Services.

4.0 CITY DISCRETION

4.1 For clarity, and without in any way limiting the City’s rights, prospective proponents should be aware that the City may, at its discretion: a) cancel this RFP at any time; b) select a Proposal that deviates from the requirements of this RFP; c) select a Proposal that is not the lowest cost Proposal; d) select a Proposal with a view to engaging the Proponent to provide only some of the Services; e) modify this RFP at any time; f) reject a Proposal for any reason, including where in the City’s estimation the personnel and/or

resources of the Proponent are deemed insufficient or if the City determines that a Proposal is incomplete or does not comply with a requirement under this RFP;

g) not select any Proposals; h) split the provision of the Services requirements between two or more Proponents; i) shortlist one or more Proponents to formally present their Proposal to the City’s Evaluation

Committee; j) negotiate with one or more Proponents, including with respect to the form of Contract ; and k) consider and select a late Proposal.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 5.0 PROPOSAL INSTRUCTIONS

One (1) electronic and six (6) hard copies (one to be unbound, electronic copy to be single PDF) of the Proposal, should be submitted and clearly marked on the outside envelope or box as follows:

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Construction Manager Services for New Westminster Aquatic and Community Centre Attention: Purchasing Manager

The City will receive Proposals at the location and time indicated on the title page of this Request for Proposal. It is the Proponent's responsibility to ensure that the City receives its Proposal prior to the closing time indicated on the title page of this Request for Proposal. The City does not accept facsimile, electronic mail, or other unsealed Proposals. Requests for clarification or further information should be made in writing only to the individual from the City identified on the first page of this RFP. The City may respond to enquiries that it, in its sole discretion, considers relevant to this RFP. The City intends to respond only to those relevant written enquiries received at least ninety-six (96) hours prior to the closing time indicated on the title page of this RFP. The City may record enquiries and post written responses on its website at https://www.newwestcity.ca/business-and-economy/doing-business-with-the-city/request-for-bids-and-proposals-open 6.0 CONTRACT REQUIREMENTS

6.1 The anticipated contract will be a CCDC 5B to include all aspect of the Project with the option to include the decommissioning the existing Canada Games Pool and Centennial Community Centre.

6.2 Supplementary General Conditions (SGC) and other requirements, i.e. Prime Contractor will

form part of the contract. 7.0 GENERAL CONDITIONS

7.1 OWNERSHIP OF PROPOSALS AND FREEDOM OF INFORMATION All documents submitted to the City in response to this RFP or as part of any subsequent negotiation will become the property of the City, and will not be returned. 7.2 PROPOSAL CONFIDENTIALITY & FREEDOM OF INFORMATION Proponents should be aware that the City is subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA) (“Act”). A Proponent may stipulate in their Proposal that a portion(s) of their Proposal that contains confidential information and is supplied to the City in confidence. However, under FOIPPA, the City may nevertheless be obligated to disclose all or part of a Proposal in response to a request made under the Act, even if the Proponent has stipulated that part of their Proposal is supplied in confidence. The Proponent should review Section 21 and other provisions of FOIPPA in order to gain a better understanding of the City’s disclosure responsibilities under the Act. 7.3 CONFIDENTIALITY OF CITY INFORMATION All information provided by the City to a Proponent in connection with this RFP is provided on a confidential basis, and Proponents will not disclose any such information to any person (other than the

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https://www.newwestcity.ca/business-and-economy/doing-business-with-the-city/request-for-bids-and-proposals-open

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CORPORATION OF THE CITY OF NEW WESTMINSTER Proponent’s legal advisers or consultants) without the City’s prior written consent, nor may any Proponent publicize or advertise its involvement with this RFP process without the prior written consent of the City. 7.4 PROPONENT’S EXPENSES For clarity, Proponents will be solely responsible for their own expenses incurred in connection with this RFP, including in preparing and submitting a Proposal and in any subsequent negotiations with the City. 7.5 CONTACTING CITY REPRESENTATIVES Proponents shall not contact City elected officials, officers or employees directly or indirectly regarding this RFP, except as indicated in this RFP. 7.6 CONFLICT OF INTEREST Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City, its elected or appointed officials or employees. The City may reject a Proposal if the City considers that selection of the Proponent to enter into a Contract would give rise to a conflict of interest. The Contract may include a clause providing that a failure to disclose, or false or insufficient disclosure of the nature and extent of any relationship the Proponent may have with the City or any of its elected or appointed officials or employees shall be grounds for immediate termination of the Contract, in the City’s sole discretion, without compensation from the City. 7.7 INSURANCE The successful Proponent will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout the Contract term, insurance as outlined in the CCDC 5B, CCDC 41, and the City’s Supplementary Conditions to the CCDC 5B. 7.8 PERMITS AND LICENSES The successful Proponent may be required to obtain a City of New Westminster or MetroWest Inter-Municipal Business license prior to commencement of work. 7.9 GOVERNING LAW / JURISDICTION This RFP shall be governed by and construed in accordance with the laws of the Province of British Columbia which shall be deemed to be the proper law hereof and in so doing the Courts of British Columbia shall have exclusive jurisdiction to determine all disputes and claims arising out of or in any way connected to this RFP. 8.0 LIVING WAGE EMPLOYER

Effective January 1, 2011, the City of New Westminster became a “Living Wage Employer”. As such, the City has established a Living Wage Policy that requires all firms that are contracted by the City to provide services on City premises, to pay their employees, who perform said service on City property, a Living Wage as calculated by the Living Wage for Families Campaign. The current living wage rate for Metro Vancouver is $20.91 per hour, assuming the employer provides no benefits. In order to determine an employee’s hourly rate with benefits the Living Wage for Families has created a Living Wage Calculator to assist with this determination. Please access the following website to determine your compatibility. http://www.livingwageforfamilies.ca/employers/living-wage-calculator/ The City includes in all its competitive bid documents a Declaration referencing the City’s expectations with regards to compliance of the Policy (attached as Appendix B). Completion and submission of the Declaration is required prior to Contract award.

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http://www.newwestcity.ca/database/rte/files/POLICY_Living_Wage.pdf

http://www.livingwageforfamilies.ca/employers/living-wage-calculator/

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CORPORATION OF THE CITY OF NEW WESTMINSTER In evaluating submissions, the City intends to rely on the Declaration provided by a Respondent and shall have no obligation or duty to investigate the truthfulness of the Declaration. Please review the City’s Living Wage Page for further information. 9.0 EVALUATION CRITERIA AND PROCESS

9.1 The City intends to evaluate Proposals in order to identify a Proposal that, in the City’s opinion offers the best value to the City.

9.2 The City intends to evaluate Proposals based on the following criteria and weighting:

Evaluation Criteria Weighting Corporate Profile and Experience 15 Project Team and Qualifications 25 Business Processes, Methodology and Schedule 25 Value Add 10 Fees and Rates 20 Social Procurement 5 Total 100

9.3 Proposals will be evaluated upon the following process

a) Based upon their response to this RFP; b) Only those Proponents who have demonstrated that they meet the minimum requirements

will have their Price/Fees evaluated; c) Up to 3 Proponents will proceed to the interview stage, the City reserves the right to change

the number of proponents based upon the quality of the Proposals; d) After the interview the Proponents that is deemed to provide the best overall value to the City

will be selected to proceed to the negotiations phase. 9.4 Interview – the interview will occur at a location within the City of New Westminster to obtain

clarification and substantiation of information provided in the proposal. 9.5 In evaluating a Proposal, the City may review and investigate the Proponent’s ability to comply

with Living Wage Employer requirements of this RFP and the City may choose not to select a Proponent if the City is not satisfied, in its sole discretion, that the Proponent can meet these requirements.

9.6 In evaluating a Proposal, the City may contact references and may choose not to select a

Proponent where the references are not satisfactory to the City in its sole discretion.

9.7 In evaluating a Proposal, the City may request financial information regarding a Proponent and may choose not to select a Proponent where the City is not satisfied, in its sole discretion, that the Proponent is in a financial position to perform the Services.

9.8 There shall be no obligation on the part of the City to receive further information, whether written or oral, from any Proponent or to disclose the nature of any Proposal received.

9.9 In evaluating a Proposal, the City may consider qualifications and experience of the Proponent and past performance of the Proponent in providing similar services.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 10.0 NEGOTIATIONS

10.1 The award of a contract may be subject to negotiations with the lead Proponent that is deemed to provide the best value to the City. Such negotiations include, but not limited to, the following: a) Changes to the requirements, Services or Work proposed by the Proponent; b) Price; and c) Specific contract details as deemed reasonable for negations by the City.

10.2 If a written contract cannot be negotiated within fourteen (14) days of notification with the lead

Proponent, the City may, at its discretion at any time thereafter, terminate negotiations with the lead Proponent and either enter into negotiations with the next qualified Proponent or cancel the RFP or negotiate with another supplier.

10.3 The City reserves the right to negotiate directly with the Successful Proponent of this RFP, but is not required to, for portions of the Work. The sum of any direct awards to the successful proponent of this RFP will not exceed $18M.

11.0 BUDGET

11.1 Acceptance of any proposal may be subject to budget considerations and available funding.

12.0 PRIME CONTRACTOR DESIGNATION

12.1 By submitting a proposal to this RFP, the Proponent agrees to assume all of the responsibilities of a Prime Contractor for the Project as outlined in the Worker’s Compensation Act and Regulations. Upon acceptance of the proposal a complete Prime Contractor Designation Form (see Appendix F) shall also be attached to, and form part of, the Contract between the City and the CM.

13.0 PUBLICITY

13.1 All publicity relating to this project is subject to the approval of the City and no mention of the Project in advertising or articles in any publication will permitted unless authorized in writing by the City. Publicity or advertising implying endorsement of a product by the City will not be permitted.

13.2 The Proponent shall not make any statement of fact or opinion regarding any aspect of the Request for Proposals or resulting Contract to the media or any member of the public without the prior written authorization of the City.

13.3 All advertising at the job site will require the written approval of the City.

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PART 2

BUSINESS REQUIREMENTS

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1.0 CORPORATION OF THE CITY OF NEW WESTMINSTER OVERVIEW

1.1 The City of New Westminster is the first city in Western Canada and is located at the centre of Metro Vancouver. Just 20 km from downtown Vancouver, the City has both major transportation routes and railways running through its boundaries.

1.2 The City, apart from the standard service and facility offerings of a typical municipality, also operates its own Electrical Utility and police force.

2.0 BACKGROUND

2.1 New Westminster was the first city in Western Canada, has a population of 70,996 (2016 Census) and is the vibrant heart of the Metro Vancouver region which exceeds 2.46 million people.

2.2 New Westminster citizens are active and healthy, and facilities like the Canada Games Pool (CGP) and Centennial Community Centre (CCC) provide important access to a healthy lifestyle. The existing Canada Games Pool opened its doors in 1973, and the Centennial Community Centre opened its doors in 1967. They are now two of the region’s oldest and well-used recreation facilities.

2.3 In 2016, the City of New Westminster engaged the community and stakeholders to provide preliminary direction and feedback on the ageing CGP and CCC facilities. This thorough process included numerous stakeholder workshops with a variety of user groups, public open houses, and an online survey. The ‘Your Active New West’ community and stakeholder consultation project helped raise awareness, determine priorities around functional programming, and establish a vision and guiding principles for the project.

2.4 In 2017, a feasibility study was commissioned to make recommendations regarding the replacement of the ageing facilities (as part of the wider renewal of the site). The feasibility study explored options for the spatial and functional programming of a new Aquatics and Community Centre, including its optimal location on the existing site.

2.5 Deciding on a proposed aquatic program can be a complex process – the ultimate decision is based on a number of factors such as demand, future needs and emerging trends, as well as a community’s identity and aspirations. As such, programmatic components were divided into three distinct groups to aid in the decision-making process and help determine a budget as described in Part 2 Section 7.0.

3.0 BUSINESS REQUIREMENTS

3.1 The City intends to engage a qualified CM to provide the Services and Work outlined in a CCDC 5B Contract. A phased approach to the tendering may be required to meet the schedule.

3.2 The CM shall have reputable experience in constructing community facilities, major offsite works, and land development projects. The CM will have the experience and understanding operating as a CM, under a CCDC 5B contract, for major facility infrastructure projects similar to the one outlined in this RFP.

3.3 The CM is expected to provide the City with: valuable design input, real time cost estimates, value engineering, and constructability review throughout the design / pre-construction phase of the project. The City’s objective is to achieve the most cost effective design and to eliminate or

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significantly reduce extra costs/change orders resulting from discrepancies in the construction documents and/or design conflicts.

3.4 The CM will advise the City on the most effective strategy for procurement of construction work, manage the pre-qualification process of construction trades and the sequential tendering of construction trades as required to achieve the project schedule. The City’s objective is to ensure that qualified contractors are selected in a timely manner and to minimize scope gaps/overlaps.

3.5 During the construction phase, the CM will provide the expertise required to manage the construction, coordinate the trades’ work, ensure quality of work, cost control, and mitigate any construction delays. The City’s objective is to achieve the desired high level of quality while maintaining the project cost and schedule.

3.6 The CM acknowledges that all the knowledge and information gained through providing the Service will be deemed to be carried forward into the Work.

3.7 Project Status – the project is currently in the schematic design stage. The intention of the City is to have a CM involved during the design development stage, which has started in March 2019.

3.8 Project Team a) City – Manager Major Projects b) City – Senior Manager, Recreations Services and Facilities c) Architect – HCMA Architecture + Design d) Project Management – Turnbull Construction Project Managers e) Quantity Surveyors – Ross Templeton f) Other to be added as and when required

3.9 It is the City’s desire to ensure that procurement opportunities are available to apprentices;

Indigenous peoples; women; persons with disabilities; veterans; youth; recent immigrants; and small-sized, medium sized and social enterprises entities. In these occurrences, the City may choose to include provisions in the procurement documents that give preference to or a proponent that directly employs or sub-contracts a portion of the work to any person/group on the “list”. Where sub-contracting of portions of the services is identified by the City, Proponents should, within their submission, identify each person/group to which economic opportunities have been provided.

3.10 The City reserves the right to negotiate directly with the successful Proponent of this RFP, but is

not required to, for portions of the Work. The sum of any direct awards to the successful proponent of this RFP will not exceed $18M.

4.0 PROPONENT QUALIFICATIONS

4.1 The proposed CM should have the following skills and attributes: a) Minimum of 10 years’ experience with managing large scale construction projects with

multiple stakeholders; b) Experience in the CCDC-5B Construction Management for Services and Construction project

delivery methods; c) Experience with large community and aquatic centre projects; d) Experience working in a local government environment; e) Experience working with senior management at a municipal level;

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4.2 The best opportunity to achieve the project objectives is through open communication, collaboration and by establishing a project team that works together effectively. To that end, the key criteria that the successful CM will demonstrate include:

Chemistry The ability to develop strong/positive relationships with our

existing team

Transparency The ability to have honest, open book and unbiased communication, sharing costing information and highlighting mitigation strategies to prevent Change Orders before they occur

Engagement High, consistent engagement from the CM’s primary client contact and a thorough understanding of the client’s needs

Tender Management

Experience of the estimating team and proven ability to solicit competitive and comprehensive bids from the trade contractors, subsequently sharing the bids for joint open book analysis

Site Management Experience of the superintendent and proven ability to construct exceptional-quality buildings and adhere to schedules

Lean Construction Practices

Focus on results and performance vs. paperwork and red tape

Precedents Corporate experience, staff experience and references for similar projects

Flexibility Ability to customize approach, corporate processes, and methodology to suit the project and the Client’s needs

Value High-level of care to ensure the client is receiving the best value for money

5.0 SUMMARY OF SERVICES AND WORK

5.1 Services – In addition to the services outlined in the CCDC 5B the CM is anticipated to provide the following services: a) Design assist and pre-construction services; b) Attend regular design and project meetings, bi-weekly or as needed; c) Provide thoroughly informed advice and recommendations relating to construction and

market conditions, constructability of the design, and value engineering opportunities; d) Prepare a Class B Construction Cost Estimate (as defined in CCDC-5B (2010) contract),

based on the Design Development drawings; e) Involve subcontractors as appropriate to ensure accurate pricing and value engineering ideas

once the contractor has been engaged as the CM (in particular structure, formwork, cladding/curtainwall, mechanical and electrical);

f) Prepare a comprehensive project schedule, including final design and procurement milestones. Track and update the schedule on a continuous basis;

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g) Liaise with the local authority having jurisdiction and coordinate all construction phasing with the various projects occurring in surrounding areas;

h) Liaise with utility companies and manage site preparation utility work; i) Prepare mock-ups of the architectural systems, including provision of any scaffolding or

other support systems required; j) Regularly review the specifications and drawings and make recommendations for clarity,

consistency, coordination and value engineering; k) Make recommendations for any long-lead procurement requirements; l) Prepare a Class A Construction Cost Estimate (as defined in CCDC-5B (2010) contract),

based on IFT drawings; m) Make recommendations for separating the Work into distinct tender packages; n) Be responsible for coordinating and scheduling the solicitation of all bids on a tendering site

approved by the City, obtaining the Owner’s acceptance of preferred subcontractors and suppliers and entering into legally binding contracts with selected subcontractors and suppliers with a value exceeding $75,000;

o) Analyze the bids received and provide a summary, with supporting subcontractor quotations and recommendation to the City. Once approved by the City, prepare the contract documentation as contemplated under the Contract for execution; • The CM will provide copies of all tender documents and responses when and if requested

by the City within two (2) business days. p) The stipulated price Contract shall not include any work performed by the construction firm

or owned subsidiaries, unless first approved by the City. In the event that the City authorizes the CM to bid on trade contractor work, quotes must be provided and approved by the City.

q) Provide detailed cash flow projection for the construction costs; r) Identify which trades the subcontractor recommends require bonding;

5.2 Work – Upon conclusions of the Services and depending on the budget approval it is the City’s anticipation at the completion of the competitive bidding process to sign a CCDC 5B with the attached Supplementary Conditions. a) The Work as it is described currently in the RFP and which will be finalized through the pre-

construction phase. b) Prepare a detailed post-tender Construction budget with the intent of converting to Stipulated

Price section of the CCDC 5B and as amended by the Owner-provided Supplementary General Conditions.

6.0 SCHEDULE

6.1 The anticipated timeline for the project is currently as follows; however the City reserves the right to modify the actual timing and sequence of events:

Activity Anticipated Timing RFP Closes April 2019 Interview and Proponent Selected April/May 2019 CM to provide pre-construction services May 2019 to Q1 2020 Class B Costing June 2019 Class A Costing October 2019 CM to obtain sub-contractor tender pricing Q4 2019 – Q1 2020 Construction to begin Q1 2020 Construction completed Q1/Q2 2022 Demolition of existing facility and site reinstatement Q2 2022 to Q4 2022

A more detailed master schedule will be finalized with the successful Proponent.

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7.0 BUDGET

7.1 The City has indicated this Project (NWACC) in its 5 Year 2018 – 2022 Financial Plan Bylaw No. 7992, 2018, to be funded largely from debt. The City intends to secure the authority to debt finance by mid-2019. In the event the City is not successful in securing the appropriate level of funding, the City reserves the right to negotiate a revised fee with the CM based on a revised budget or to cancel the Project.

7.2 As the City develops further refined cost estimates, detailed Value Engineering may need to be conducted to identify areas of scope and budget alignment and to ensure the project meets its success criteria while finding economy and providing value.

7.3 The “Construction Budget” should be considered as follows: Community Recreation Facility Costs (millions) 1. Construction costs including construction contingency $70M

Enhanced Hosting Facility Costs (millions) 2. Construction costs including construction contingency $80M

8.0 MATERIALS AVAILABLE TO PROPONENTS

8.1 Additional information for Proponents to review: a) Public Engagement Report b) Feasibility Study

9.0 BONDING AND GUARANTEES REQUIREMENTS

9.1 The Successful Proponent will be required to provide to the City of New Westminster, in a form acceptable to the City, a Performance Security in an amount equal up to fifty percent (50%) of the Contract Price, depending on which option you are proposing in one of the following types: a) Irrevocable Letter of Credit; b) Performance Covenant; c) Bank Draft; or d) A Performance Bond.

9.2 The Successful Proponent will be required to provide to the City of New Westminster, in a form acceptable to the City, a Labour and Material Payment Security in an amount equal up to fifty percent (50%) of the Contract Price, and in one of the following types: a) Irrevocable Letter of Credit; b) Performance Covenant; c) Bank Draft; or d) A Labour and Material Payment Bond, the Bond must be a Broad Form bond protecting all

companies with a direct contract with the Principal or any Sub-Contractor of the Principal.

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https://www.newwestcity.ca/database/files/library/1716_CNW_ACC_Feasibility_Report_17_10_02_FINAL_sml_2%281%29.pdf

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PART 3

PROPOSAL FORMAT AND CONTENT REQUIREMENTS

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1.0 PROPOSAL COVER PAGE

Proposals are to include the following Cover Page, completed by the Proponent:

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Construction Manager Services for New Westminster Aquatic and Community Centre

Closing Time:

Tuesday, May 7, 2018 3:00 PM, Local Time, Vancouver BC

Closing Location:

Main Information Desk City of New Westminster

511 Royal Avenue, New Westminster, BC, V3L 1H9

PROPONENT NAME

Street Address:

City Province Postal Code

Contact Name:

Telephone number:

Fax:

Email Date: Signature: by authorized signatory

By my signature above, it shall be understood that I have read, understood and accept the requirements outlined in the Request for Proposal, we hereby propose to supply the Services in accordance with the Request for Proposal and as outlined in this Form of Proposal.

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2.0 REQUEST FOR PROPOSAL DOCUMENTS

2.1 The RFP Documents include the following documents attached to this Form of Proposal Appendix Title Appendix Number RFP Submission Requirements Appendix A Declaration – Living Wage Employer Appendix B References Appendix C Absence of Conflict of Interest Appendix D Supplementary Conditions Appendix E Prime Contractor Designation Appendix F Supplementary Condition Comments Appendix G Schematic Document and Drawings Appendix H Geotechnical Investigation and Environmental Reports Appendix I Revised Schedule A1 and A2 Appendix J

3.0 PROPOSAL FORMAT

3.1 All Proposals should include the following information and in the same sequence of topics and numbered accordingly.

3.2 Sequence of topics:

1) Table of Contents 2) Proponent Information - signed 3) Appendix A – RFP Submission Requirements – provide all requested information 4) Appendix B – Declaration – Living Wage Employer - signed 5) Appendix C – References 6) Appendix D – Absence of Conflict of Interest 7) Appendix E – Consent of Surety 8) Appendix F – List of all services that the Proponent may want to bid on with their own staff

and employees. 9) Appendix G – Supplementary General Comments

3.3 Proposals should be provided double-sided on 8 ½” white paper, in a font colour of black and not

less than 11 point

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APPENDIX A

PROPOSAL SUBMISSION REQUIREMENTS

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Proposal Submission Requirements

Proponents should provide the information required under each heading clearly and concisely.

Note any page number restrictions for each question, where applicable.

Any attachments required to supplement your response should be clearly cross-referenced and

included in your Proposal package.

Do not respond to any questions in this RFP by referencing another question or information that has been submitted to the City outside of this RFP.

1.0 Corporate Profile & Experience

1.1 Please provide name, address, telephone and web site of your firm. (this question will not be evaluated)

1.2 A brief overview of your firm, including size, years in service, and other relevant information.

1.3 Provide evidence of your experience as it relates to: • Extensive experience in project planning and construction management of this type

of project • Successful delivery of pre-construction services on similar facilities, bringing value

to the projects overall design, schedule and budget • Proven track record of successful completion of projects • Recreation facilities or other similar facilities • Sustainable construction practices • Proven cost control skills • Building public institution projects • Managing sub-trades – time • Managing sub-trades – budget • Managing LEED® projects • Tight timelines, ability to anticipate issues • Working with designers • Change order management and mitigation • Anticipating and solving site issues • Co-ordinating multiple sub-trades • Experience coordinating and constructing on a site where current facilities remained

operational during construction

2.0 Project Team and Qualifications

2.1 Provide a one (1) page biography of your key personnel who will be working on the project.

2.2 Provide qualifications and resumes for the construction manager with overall responsibility for the project, including their experiences in construction management related projects.

2.3 Provide qualifications and resumes for designated backup construction manager to act on behalf of CM during holidays, sickness, etc., including their experiences in construction management related projects.

2.4 Provide qualifications for the site superintendent and other members of the project team including individual names, responsibilities, and experiences with construction management

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type projects.

2.5 In reference to question 1.3 above, provide evidence and example projects for which your key personnel proposed have participated in a similar capacity and describe the value brought to the example projects.

3.0 Business Processes, Methodology and Schedule

3.1 Provide an overview of your firm’s project specific approach and methodology that you would take in undertaking the Project, including with respect to:

• Cost control • Schedule control • Procurement methodology • Approach to value analysis • Organization of trade contracts and verification of performance by trade contractors • Construction safety • Quality control procedures • Site Safety for both workers and the public

3.2 Provide examples of specific issues the proponent would recommend as being of particular importance in performing the services and completing construction.

3.3 Provide a brief narrative on how your firm would utilize your expertise/experience and resources in dealing with the challenges of the schedule, site constraints, budget or other issues you believe to be important to successful delivery for the City.

3.4 Outline your abilities, with specific examples, to use creative solutions, innovations, methodology or other traits that will allow your firm to complete this project within the allocated budget and schedule.

3.5 Provide a summary of your project control process including the following: • Provide your firm’s cost control procedures and the method for monitoring the

project timeframe, quality of workmanship, materials, and budget • Provide your meeting availability • Knowledge of and experience working with local sub-trades

3.6 Provide your suggestion to meet the Bonding and Guarantee Requirements as outlined in

Part 2 Section 9 taking into account that the City will assume that the Contract will have a Performance Bond and a Labour and Material Bond requirement

• Indicate what other option you would suggest and the benefit to the City, i.e. cost savings and risk management.

3.7 Provide detailed construction schedules for both: • Option 1 – Community Recreation Facility • Option 2 – Enhanced Competition Hosting Facility

4.0 Value Add

4.1 Describe any unique contributions your organization can deliver to the City. You may wish to discuss one or more of the following:

• Your proposed value-add not captured elsewhere in the response • Proposed additional enhanced services to meet the City’s business requirements • Other considerations that are not covered in the RFP

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5.0 Pricing

5.1 Provide a detailed Class C Construction Cost Estimate in Canadian dollars to complete the project based on the anticipated construction schedule for both:

• Option 1 – Community Recreation Facility • Option 2 – Enhanced Competition Hosting Facility

5.2 Assuming a 10 month preconstruction phase, provide the Construction Manager’s fee for Services, in Canadian dollars, as referenced in 5.2.1 and 5.2.2 of the CCDC 5B 2010 Construction Management Contract and defined by the scope of Schedule A1 and A2.

5.3 Provide the proposed Construction Manager’s Fee for the Work as referenced in 5.3 of the CCDC 5B 2010 Construction Management Contract. Provide fee options as both a percentage fee as referenced in 5.3.1 and alternatively a fixed fee as referenced in 5.3.2.

5.4 Provide a detailed General Requirements matrix for the work. Clearly identify where requirements are: 1) included in the fee, 2) included in the Construction Managers proposed General Requirements costs, 3) Anticipated to be covered by the Owner, 4) Anticipated to be included in sub-contractor scopes of work, or 5) Anticipated to not be required. Costs and charges anticipated should be considered for the entire duration of the Project until completion.

5.5 Provide hourly rates for personnel employed by the construction manager in the form as provided in the CCDC 5B Construction Management Contract Schedule B.

5.6 Provide any additional costs associated with this project.

6.0 Social Procurement

6.1 Provide an overview of how you will be providing opportunities to the following groups and how you will be able to report on an annual basis on the actual hours for each group:

• Apprentices; • Indigenous peoples; • women; • persons with disabilities; • veterans; • youth; • recent immigrants; • small-sized, medium sized and social enterprises entities

6.2 Please provide information on your company’s internal environmental and social programs,

policies, procedures, accreditation, and community involvement.

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APPENDIX B

DECLARATION – LIVING WAGE EMPLOYER

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DECLARATION – LIVING WAGE EMPLOYER

I, _____________________________ as a duly authorized signing officer of

Company:_________________________________

Address:__________________________________

__________________________________

__________________________________, confirm that all employees and sub-contractors under our contract with the City as outlined below, are paid not less than the “Living Wage” as calculated by the Living Wage for Families Campaign.

I understand that this requirement extends only to those employees and sub-contractors’ employees that perform work while on City premises and property for durations in excess of one continuous hour per occasion.

I understand that the City will conduct audits if and when notification of breach of this compliance is received by the City. I understand that in the event any breach of this declaration is found to be true, the City reserves the right to cancel its contract without penalty at any time once said authentication of the breach is made.

Contract Name: ________________________________________________

Authorized Signatory: Dated:

______________________________ ____________________________

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APPENDIX C

REFERENCES

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REFERENCES

Please provide three (3) references for companies in British Columbia for whom your organization has completed work of a similar magnitude and nature in the past five (5) years. The City of New Westminster may be used as a reference, if work of a similar nature has been provided to the City. Reference 1

Company Name and Address

Contact Name

Telephone Number

Email address

Brief Description of services provided

Reference 2


Contact Name

Telephone Number

Email address


Reference 3


Contact Name

Telephone Number

Email address


1.1 The City reserves the right to contact the references to confirm the nature and performance of the

work provided by the Proponent. The City may not enter into any contract with any Proponent whose reference, in the City’s sole opinion, are found to be unsatisfactory.

1.2 Description of services provided can be expanded but limited to one (1) page per Reference.

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APPENDIX D

ABSENCE OF CONFLICT OF INTEREST

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Absence of Conflict of Interest The City reserves the right to reject Proposals from Proponents, who in the opinion of the City, are in conflict of interest, in relation to the Services described in the RFP. The determination of a conflict will be in the sole desecration of the City.

1. State if there is a conflict, or potential conflict of interest, that may exist with provisions of the Services to the City.

Yes

No 2. If you have answered “Yes” to Question 1 noted above , please provide a description of the nature

of the conflict of interest below:

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APPENDIX E

SUPPLEMENTARY GENERAL CONDITIONS TO CCDC 5B 2010

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SUPPLEMENTARY GENERAL CONDITIONS TO CCDC-5B USING THE

STIPULATED PRICE OPTION

APPENDIX – STIPULATED PRICE OPTION Delete in its entirety and replace with the following: “The Owner and the Construction Manager agree to exercise the stipulated price option during the term of the Contract as in accordance with Article A-8 of the Agreement – OPTIONS. Upon the issuance of the Change Order exercising the stipulated price option, the following Articles of the Agreement, Definitions and General Conditions, CCDC-5B (2010) shall be deemed deleted, amended or added, as the case may be, and the Contract so revised shall be deemed to govern the rights and obligations of the parties with respect to the Services and Work to be provided from and after the date of the Change Order, unless stipulated otherwise in the Change Order.” ARTICLES OF THE AGREEMENT ARTICLE A-1 THE SERVICES AND THE WORK

Insert new paragraph 1.4 as follows: “1.4 subject to adjustment in Contract Time as provided for in the Contract Documents; attain

Substantial Performance of the Work, by the ______ day of __________ in the year _________.” ARTICLE A-5 CONSTRUCTION MANAGER’S FEE

Delete this Article in its entirety. ARTICLE A-6 REIMBURSABLE EXPENSES FOR THE SERVICE

Delete this Article in its entirety. ARTICLE A-7 COST OF THE WORK

Delete this Article in its entirety and replace with the following: “7.1 The cost of performing the work attributable to any Change Directive shall include:

.1 salaries, wages and benefits paid to personnel in the direct employ of the Construction Manager under a salary or wage schedule agreed upon by the Owner and the Construction Manager, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Construction Manager, for personnel (1) stationed at the Place of the Work, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops

or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings and

coordination drawings; or (4) engaged in the processing of changes in the Work.

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.2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial 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 Construction Manager and included in the cost of the Work as provided in paragraph 7.1.1;

.3 travel and subsistence expenses of the Construction Manager's personnel described in

paragraph 7.1.1 if approved in advance by the Owner; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by

the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on such items used but not consumed, which remain the property of the Construction Manager;

.6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the

Work, whether rented from or provided by the Construction Manager or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof;

.7 the Construction Manager’s field office; .8 deposits lost provided that they are not caused by negligent acts or omissions of the

Construction Manager and the Services are performed in accordance with this Contract; .9 the amounts of all contracts or written agreements with Subcontractors and Suppliers

approved by the Owner; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent license fees and damages for infringement of patents and cost of defending

suits therefor subject always to the Construction Manager's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 – PATENT FEES;

.13 any adjustment in premiums for all contract securities and insurance that the Construction

Manager is required, by the Contract Documents, to purchase and maintain; 14 any adjustment in taxes, other than Value Added Taxes, and duties relating to the Work for

which the Construction Manager is liable; .15 charges for long distance communications, courier services, expressage, printing, and

reproduction incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; .17 the cost of safety measures and requirements; .18 other costs incurred in the performance of the Work as listed below:

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ARTICLE A-8 OPTIONS

Delete this Article in its entirety and replace with the following: “ARTICLE A-8 CONTRACT PRICE

8.1 The Contract Price, which excludes Value Added Taxes, is: __________________________________________________/100 dollars $ _______________

8.2 Value Added Taxes (of _____ %) payable by the Owner to the Construction Manager are:

________________________________________________/100 dollars $________________ 8.3 Total amount payable by the Owner to the Construction Manager for the construction of the Work

is: __________________________________________________/100 dollars $ ________________

8.4 These amounts shall be subject to adjustments as provided in the Contract Documents.

8.5 All amounts are in Canadian funds.” ARTICLE A-9 PAYMENT

9.1 Delete paragraph 9.1 in its entirety and replace with the following: “9.1 Where required by provincial or territorial legislation, payments shall be subject to the lien

legislation applicable to the Place of the Work. The Owner shall pay the Construction Manager: .1 payments on account of the Contract Price when due in the amount certified by the

Consultant together with such Value Added Taxes as may be applicable to such payments, .2 upon Substantial Performance of the Work, the unpaid balance of the holdback amount when

due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, the unpaid balance of the Construction

Manager’s Fee for the Services and the Contract Price when due together with such Value Added Taxes as may be applicable to such payment.”

9.3 Paragraph 9.3 Interest –

Paragraph 9.3.1 (1) – Delete “..2%..” and substitute “..0%..” Paragraph 9.3.1 (2) – Delete “..4%..” and substitute “..0%..”

ARTICLE A-13 TIME IS OF THE ESSENCE

Add “ARTICLE A-13 TIME IS OF THE ESSENCE 13.1 Time is and continues to be of the essence for the performance of the Work.” Schedule A1 To the Agreement – Services and Compensation Delete this Schedule in its entirety. Schedule A2 To the Agreement – Reimbursable Expenses to Schedule A1 Delete this Schedule in its entirety. Schedule B Time Based Rates for Personnel Delete this Schedule in its entirety. Document #1350680

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DEFINITIONS CHANGE DIRECTIVE

Delete in its entirety and replace with the following: “Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Construction Manager to proceed with a change in the Work within the general scope of this Contract prior to the Owner and the Construction Manager agreeing upon adjustments in the Contract Price and the Contract Time.” CHANGE ORDER

Delete in its entirety and replace with the following: “Change Order A Change Order is a written amendment to this Contract prepared by the Consultant and signed by the Owner and the Construction Manager stating their agreement upon: • a change in the Services; • a change in the Work; • the method of adjustment or the amount of the adjustment in the Contract Price, if any; and • extent of the adjustment in the Contract Time, if any.”

OWNER

Delete in its entirety and replace with the following: “Owner The Owner is the person or entity identified as such in the Agreement, and the Owner’s authorized representative in this Agreement is Turnbull Construction Project Managers Ltd.” SUPPLEMENTAL INSTRUCTION

Delete in its entirety and replace with the following: “Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents, as required for the performance of the Work.” CONTRACT PRICE

Insert new Definition as follows: “Contract Price The Contract Price, which excludes Value Added Taxes, is the amount specified in Article A-8 – CONTRACT PRICE to complete the Services and the Work.”

CONSTRUCTION SCHEDULE

Insert new Definition as follows: “Construction Schedule The Construction Schedule means the original Construction Schedule prepared by the Construction Manager for the performance of the Work as set out in GC 3.5.1.1 that is approved by the Owner and Consultant, in writing, including any agreed amendments made in accordance with the Contract Documents.” Document #1350680

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GENERAL CONDITIONS PART 1 GENERAL PROVISIONS

GC 1.1 CONTRACT DOCUMENTS

1.1.1 Delete the last sentence of GC1.1.1 and replace with the following: “Omission from the Contract Documents of any detail of Work which is necessary to perform the functional intent of the Contract Documents, and which is customarily performed shall not relieve the Construction Manager and Subcontractors from performing such omitted Work and it shall be performed as if fully and correctly described in the Contract Documents without adjustment to the Contract Price.” 1.1.5 Amend GC 1.1.5 as follows: Add the following at the end of the sentence “or in establishing the extent of Work to be performed by any trade.” 1.1.6 Add the following to GC 1.1.6:

“.6 Architectural Drawings shall have precedence over structural, plumbing, mechanical, electrical, civil and landscape drawings, insofar as outlining, determining and interpreting conflicts between drawings.”

1.1. Delete GC 1.1.8 in its entirety and replace with the following: “1.1.8 Specifications, Drawings, documents, models or any other materials, and copies thereof furnished

by the Consultant or the Construction Manager and Subcontractors at the Owner’s expense, are and shall remain the property of the Owner.”

1.1.9 Delete GC 1.1.9 in its entirety. GC 1.4 ASSIGNMENT

1.4.1 Delete in its entirety and replace with the following: “1.4.1 The Construction Manager may not assign this Contract or any of its rights or obligations under

this Contract, without the Owner’s prior written consent, which consent may not be unreasonably withheld, except in the case of an assignment of the Contract to a wholly owned affiliate or subsidiary, provided that such permitted assignment shall not relieve the Construction Manager of any of its obligations required for the performance of this Contract.”

PART 2 ADMINISTRATION OF THE CONTRACT

GC 2.2 AUTHORITY OF THE CONSULTANT

2.2.1 Delete “unless modified by written agreement as provided in paragraph 2.2.2” 2.2.2 Delete in its entirety and replace with the following: “2.2.2 If the Owner changes the duties, responsibilities or limitations of the authority of the Consultant

from that which is described in the Contract Documents, the Owner will notify the Construction Manager of the changes.”

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GC 2.3 CONSULTANT’S RESPONSIBILITIES

2.3 Delete GC 2.3 in its entirety and replace with the following: “2.3.1 The Consultant will provide administration of the Work and Contract as described in the Contract

Documents. 2.3.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of

construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents.

2.3.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one

or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Construction Manager.

2.3.4 The Consultant will promptly inform the Owner of the date of receipt of the Construction

Manager’s applications for payment for the Work performed as provided in paragraph 5.4.7.1 of GC 5.4 – PROGRESS PAYMENT FOR THE WORK.

2.3.5 Based on the Consultant's and Owner’s observations and evaluation of the Construction

Manager’s applications for payment for the Work performed, the Consultant will in consultation with the Owner, determine the amounts owing to the Construction Manager for the Contract Price and will issue certificates for payment as provided in Article A-9 of the Agreement – PAYMENT, GC 5.4 – PROGRESS PAYMENT FOR THE WORK and GC 5.8 – FINAL PAYMENT FOR THE WORK.

2.3.6 The Consultant will not be responsible for and will not have control, charge or supervision of

construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for the Construction Manager's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Construction Manager, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work.

2.3.7 Except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER,

the Consultant will be, in the first instance, the interpreter of the requirements of the Work. 2.3.8 Matters in question relating to the performance of the Work or the interpretation of the Contract

Documents, except with respect to the scope, fee and reimbursable expenses of the Services, shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party.

2.3.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract

Documents as they relate to the Work. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Construction Manager.

2.3.10 The Consultant’s interpretations and findings will be given in writing to the parties within a

reasonable time. 2.3.11 With respect to claims for a change in the Contract Price, the Consultant will make findings as

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2.3.12 The Consultant will have authority to reject work which in the Consultant’s opinion does not

conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not, such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Construction Manager, Subcontractor, Suppliers, or their agents, employees, or other persons performing any of the Work.

2.3.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the

Construction Manager with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Construction Manager.

2.3.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other

Construction Manager’s submittals which are provided in accordance with the Construction Documents.

2.3.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 –

CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE. 2.3.16 The Consultant will conduct reviews of the Work to determine the date of Substantial

Performance of the Work as provided in GC 5.5 – SUBSTANTIAL PERFORMANCE OF THE WORK.

2.3.17 All certificates issued by the Consultant will be to the best of the Consultant's knowledge,

information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete.

2.3.18 The Consultant will receive and review written warranties and related documents required by the

Contract and provided by the Construction Manager and will forward such warranties and documents to the Owner for the Owner’s acceptance.

2.3.19 The Construction Manager, Subcontractors, vendors, material and equipment suppliers are

authorised to use and reproduce the Drawings and Specifications provided to them for the sole purpose and execution of the Services and the Work and the Owner and Consultant will provide electronic versions upon request of the Construction Manager.”

GC 2.4 REVIEW AND INSPECTION OF THE WORK

2.4 Delete GC 2.4 in its entirety and replace with the following: “2.4.1 The Construction Manager shall provide the Owner and the Consultant access to the Work at all

times subject to and in accordance with the Construction Manager’s Health and Safety program in effect at the Place of the Work. The Construction Manager shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant 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 and the Consultant shall be given access to such work whenever it is in progress.

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2.4.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant’s instructions, or by the laws or ordinances of the Place of the Work, the Construction Manager shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Construction Manager shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities.

2.4.3 The Construction Manager shall furnish promptly to the Consultant two copies of certificates and

inspection reports relating to the Work. 2.4.4 If the Construction Manager covers, or permits to be covered, work that has been designated for

special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Construction Manager shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Construction Manager’s expense.

2.4.5 The Consultant may order any portion or portions of the Work to be examined to confirm that

such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Construction Manager shall correct the work and pay the cost of examination and correction at the Construction Manager’s expense. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration.

2.4.6 The Construction Manager shall pay the cost of making any test or inspection, including the cost

of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Construction Manager or is designated by the laws or ordinances applicable to the Place of the Work.

2.4.7 The Construction Manager shall pay the cost of samples required for any test or inspection to be

performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents.”

GC 2.5 DEFECTIVE WORK

2.5 Delete GC 2.5 in its entirety and replace with the following: “2.5.1 The Construction Manager shall promptly correct defective work that has been rejected by the

Consultant and the Owner as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Construction Manager. The correction of defective work shall be at the Construction Manager’s expense.

2.5.2 The Construction Manager shall make good promptly other contractors’ work destroyed or

damaged by such removals or replacements. The correction of destroyed or damaged work shall be at the Construction Manager’s expense.

2.5.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not

performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Construction Manager the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Construction Manager do not agree on the difference in value, they shall refer the matter to the Consultant for a finding.”

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PART 3 PERFORMANCE OF THE SERVICES AND EXECUTION OF THE WORK

GC 3.1 CONTROL OF THE WORK

Delete the title GC 3.1 and Replace with “GC 3.1 CONTROL OF WORK AND STANDARD OF CARE” Add GC 3.1.3: “3.1.3 The Construction Manager is solely responsible for supervising and ensuring the quality of the

Work and shall undertake all quality control activities and measures specified in the Contract Documents or, if none are specified, as may be required by the Owner and Consultant acting reasonably, to ensure an acceptable quality as would reasonably be expected from competent Subcontractors.”

Add GC 3.1.4: “3.1.4 Throughout the provision of the Services and the Work under this Contract, the Construction

Manager shall exhibit the degree of care, skill and diligence as would reasonably be expected from a qualified and experienced Construction Manager and builder performing services and construction work similar in scope, nature and complexity to the Services and Work in accordance with all applicable building codes and trade practices.”

Add GC 3.1.5: “3.1.5 The Construction Manager will ensure that all persons employed or retained by the Construction

Manager to perform the Services and the Work including subconsultants, Subcontractors and specialist installers and Suppliers are competent to perform them and are properly trained, instructed and supervised. If the Consultant or Owner reasonably objects to the behaviour, performance, experience, qualifications or suitability of any of the Construction Manager’s personnel, subconsultants or subcontractors, then the Construction Manager will, upon written request from the Consultant or Owner, replace such personnel forthwith at no cost to the Owner.”

Add GC 3.1.6: “3.1.6 The Construction Manager will ensure that construction activities and related material laydown

areas, including storage of materials and equipment, hoarding safety areas, and onsite construction parking, takes place only within the areas permitted by applicable laws, permits, the Contract Documents, and as directed and required by the Consultant and Owner.”

Add GC 3.1.7: “3.1.7 The Construction Manager understands that all Work that will be performed in, on and around, an

active operating facility requires the safety and well-being of the public, tenants and staff, and is paramount at all times.”

GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS

Delete GC 3.2.2 in its entirety 3.2.3 Add 3.2.3.4:

“.4 subject to GC 9.4.2 and GC 2.4.1 for the Owner’s own forces and for other contractors involved in the Project, until the date of Substantial Performance of the Work, assume overall responsibility for compliance with all aspects of applicable health and safety legislation of the Place of the Work.”

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GC 3.4 REVIEW OF DRAWINGS, SPECIFICATIONS AND MATERIAL AND FINISH

SCHEDULES

3.4.1 Amend GC 3.4.1 by deleting in line 2 the phrase “or omission the Construction Manager may discover” and replacing with the following: “omission, constructability or design issues the Construction Manager may discover. The Construction Manager will perform its review in accordance with the standards set out in GC 3.1.4 and the Construction Manager’s experience with performing work similar to the Work and involvement in the design development and preconstruction phase of the Project (acknowledging that the Construction Manager is not a registered professional architect or engineer).”

3.4.2 Amend GC 3.4.2 by deleting the second and third sentences in their entirety and replacing them

with the following: “The Construction Manager shall not be liable for any damage or costs resulting from errors inconsistencies, omissions, constructability or design issues, which the Construction Manager did not discover and could not have reasonably discovered during the preconstruction phase.”

GC 3.5 CONSTRUCTION SCHEDULE

3.5.1 Amend GC 3.5.1.1 after the words “for payment, a construction schedule”, insert the words “to the satisfaction and agreement of the Owner and the Consultant” and Amend GC 3.5.1.2 by deleting “or as stipulated by the Contract Documents” and adding “to the satisfaction of the Owner and Consultant and provide the updated monthly schedule to the Owner and Consultant prior to every monthly application for payment.” 3.5.2 Add GC 3.5.2: “3.5.2 The Construction Manager will perform the Work in compliance with the Construction Schedule

and monthly updates as agreed between the Owner and Consultant. If, for any reason, the Work falls behind the agreed schedule the Construction Manager shall as part of the Work either: .1 if in accordance with the Contract Documents the delay entitles the Construction Manager to

a time extension the Construction Manager shall forthwith prepare and deliver to the Consultant a revised Construction Schedule to the reasonable satisfaction of the Consultant and Owner indicating the revised dates for the remaining activities of the Work; or

.2 if in accordance with the Contract Documents the delay does not entitle the Construction Manager to a time extension then the Construction Manager shall take such steps as required to bring the Work back to conforming with the Construction Schedule at no additional cost to the Owner, including, but not limited to, increasing the size of the labour forces, increasing the working hours, working on weekend days, changing the sequencing of trade activities, and increasing the overlap of schedule activities.

Failure to comply with the requirements of this section upon Notice in Writing by the Owner and Consultant shall be deemed to be a default under the Contract to which the provisions of GC 7.1.2 apply.”

3.5.3 Add GC 3.5.3: “3.5.3 The provision of an updated Construction Schedule does not constitute, expressly or implicitly,

notice of delay or acceptance by the Owner and Consultant of the dates for the performance of the Work shown thereon or waiver of the obligation of the Construction Manager to perform in accordance with the original Construction Schedule, as amended by the authorized extensions of Contract Time.”

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3.5.4 Add GC 3.5.4: “3.5.4 Together with the updated Construction Schedule, the Construction Manager shall provide the

Consultant and Owner on a monthly basis with the following: .1 comparison with the original Construction Schedule: .2 summary of progress and future planned activities: .3 summary of weekly Subcontractor labour resources on site: .4 progress photographs of all major trade activities; .5 where the updated Construction Schedule indicates any delay in performance of the Work, the

Construction Manager shall provide to the Consultant and the Owner, in addition to the Construction Schedule, a detailed explanation of the reasons for any delay, the effect of the delay on the intended date of Substantial Performance of the Work and steps being taken by the Construction Manager to ensure that the date of Substantial Performance of the Work will be met.”

3.5.5 Add GC 3.5.5: “3.5.5 The Construction Manager acknowledges and agrees that where Work is required to be

performed in locations which are used or occupied, the Construction Manager will have to perform Work at times and on days outside of normal working hours.”

GC 3.6 SUPERVISION

3.6.1 Delete GC 3.6.1 in its entirety and replace with the following: “3.6.1 The Construction Manager shall provide all necessary supervision and appoint a competent

representative who shall be in attendance at the Place of the Work while the Work is being performed. The following key supervisory staff will direct the execution of the Work and shall not be changed without consultation and written acceptance by the Owner and Consultant:

Individuals in Construction Manager’s Fee XXXXCXXXX

Individuals in General Conditions Costs XXXXXXXXX”

GC 3.7 SUBCONTRACTORS AND SUPPLIERS

3.7 Delete GC 3.7 in its entirety and replace with the following: “3.7.1 The Construction Manager shall preserve and protect the rights of the parties under the Contract

with respect to work to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them

to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written

agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and

of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Construction Manager.

3.7.2 The Construction Manager shall:

.1 before entering into contracts or written agreements with Subcontractors and Suppliers promptly submit to the Owner and Consultant all bids received for the various parts of the Work, identifying any bids that are non-compliant and not acceptable, and recommend and

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obtain acceptance of preferred Subcontractors and Suppliers with a value of exceeding $75,000.

.2 be responsible for coordinating and scheduling the solicitation of competitive or invited bids, obtaining the Owner’s acceptance of preferred Subcontractors and Suppliers and entering into legally binding contracts with selected Subcontractors and Suppliers with a value exceeding $75,000.

.3 coordinate the Work of all its Subcontractors and Suppliers, including any Suppliers or Subcontractors assigned directly by the Owner and determine to what extent the Work specified in each section of the specifications or work packages is affected by the Work indicated elsewhere and make all necessary allowances for their optimal integration and sequencing. All additional Work resulting from the failure to make such determination shall be done at no cost to the Owner.

.4 pay all amounts owing to its Subcontractors, Suppliers and shall take all necessary steps in turn to ensure that its Subcontractors and Suppliers pay all amounts owing by them to avoid any liens being placed on the project. All payments shall be made promptly when due.

3.7.3 The Construction Manager shall cause to be obtained contract security from Subcontractors to

the extent and for the amounts approved by the Owner. 3.7.4 The Construction Manager shall not be required to employ as a Subcontractor or Supplier, a

person or firm to which the Construction Manager may reasonably object. 3.7.5 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to

the percentage of the Subcontractors’ or Suppliers’ work which has been certified for payment. 3.7.6 The Construction Manager will ensure that the Subcontractors provide only personnel who have

qualifications, experience and capabilities to the Work. 3.7.7 Immediately upon receiving from the Consultant or Owner a written notice stating a reasonable

objection to the work conduct of any worker on the site, the Construction Manager will permanently remove such persons from the site.”

GC 3.8 LABOUR AND PRODUCTS

3.8 Delete GC 3.8 in its entirety and replace with the following: “3.8.1 The Construction Manager shall maintain good order and discipline among the Construction

Manager’s employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned.

3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products

which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant.

3.8.3 The Construction Manager shall provide and pay for labour, Products, tools, Construction

Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract.

3.8.4 Only materials or articles specified, available without delays, or approved for substitution by the

Consultant and Owner and authorized in writing will be permitted in the Work. Unspecified materials or rejected substitutions, if built into the Work shall be replaced with the specified material at no additional cost or delay to the Owner. Should the Construction Manager for any

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reason consider that the Subcontractor will be unable to perform any section of the Work or will be unable to produce the specified warranties if Work is carried out in accordance with the Contract Documents, the Construction Manager shall so advise the Consultant in writing and shall not proceed until specific written direction has been received. Failure to so advise the Consultant will be taken as acceptance that the Work will be complete in every respect and that specified warranties will be provided with no claims for delays or extra cost.”

GC 3.11 USE OF THE WORK

3.11 Add 3.11.3: “3.11.3 The Owner reserves the right, subject to written notice to the Construction Manager, to take

possession of and use any completed or partially completed portion of the building, regardless of the time of completion of the entire Work, providing that doing so does not interfere with the Construction Manager’s Work nor compromise operational occupancy bylaws and health and safety legislation. Such taking possession or use of the buildings or part thereof shall not be construed as Substantial Performance of the Work or part thereof, or as an acknowledgement of fulfilment of the Contract.”

3.11 Add 3.11.4: “3.11.4 The Construction Manager shall schedule the completion of portions of the Work as designated

for the Owner’s use or partial occupancy, prior to Substantial Performance of the Work and as outlined in the agreed or modified Construction Schedule.”

GC 3.14 SERVICES

Add new General Condition as follows: “GC 3.14 SERVICES 3.14.1 The Construction Manager shall:

.1 chair and minute regular Project meetings with the Owner and the Consultant,

.2 prepare and update the cash flow forecasts in accordance with the Project budget that are specified in the Contract or otherwise agreed with the Owner;

.3 provide reasonable assistance and information to permit recovery of all tax rebates where applicable, and

.4 assist the Owner in conducting post-construction occupancy review.” GC 3.15 – SEDIMENT CONTROL

Add new General Condition as follows: “GC 3.15 SEDIMENT CONTROL 3.15.1 The Construction Manager will be totally responsible for the control of erosion and sediment

during the performance of the Work. 3.15.2 The Construction Manager shall:

.1 submit to the Consultant and Owner a sediment and dust control plan for the Work, if one has not been developed and upon approval shall construct and maintain such hoardings, trenches, swales, sediment catchment pools, ponds, driveways, as necessary for sediment and dust control for interior and exterior areas;

.2 take appropriate action to minimize the amount of soil transported from the site onto paved roadways. Any soil which accumulates on paved road surfaces must be removed and swept clean on a regular basis and immediately upon receiving public complaints;

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.3 not deposit or pile outside of property boundaries any soil, sand or other material with a high sediment content, particularly on paved road surfaces on in such a way that interferes with the flow of water along curbs or into catch basins;

.4 not pump or drain any silt-laden water from excavations onto roadways or directly into storm sewers or roadside ditches;

.5 provide temporary dust control hoardings and fencing that prevent construction debris and dust from passing into adjacent properties, streets and areas of the Place of the Work that remain occupied during construction;

.6 be responsible for the proper maintenance and sediment and dust control activities and systems during the Work; and

.7 comply with the above and any other applicable guidelines set forth by the local municipality, provincial, and federal departments having jurisdiction over environmental issues on the site.”

PART 4 ALLOWANCE

GC 4.1 CASH ALLOWANCE

Delete GC 4.1 in its entirety and replace with the following: “4.1.1 The Contract Price, and not the cash allowances, includes the Construction Manager’s overhead

and profit in connection with such cash allowances. 4.1.2 The Contract Price includes the cash allowances, if any, stated in this Contract. The scope of

work or costs included in such cash allowances shall be as described in this Contract. 4.1.3 Expenditures under cash allowances shall be in advance by the Owner. 4.1.4 Where costs under any cash allowance exceed the amount of the allowance, the Construction

Manager shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where costs under any cash allowance are less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Construction Manager’s overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing.

4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between

each cash allowance and its actual cost. 4.1.6 The value of the Work performed under a cash allowance is eligible to be included in progress

payments. 4.1.7 The Construction Manager and the Consultant shall jointly prepare a schedule that shows when

the Consultant and the Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work.

4.1.8 Expenditures of cash allowances are to be directed as per GC 6.2 Change Order or GC 6.3

Change Directive, at the Owner’s directive. All Work under the cash allowance is to be competitively tendered unless directed in advance by the Owner. The Construction Manager shall keep records and submit a monthly update on expenditures towards the cash allowance including unallocated amounts.”

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PART 5 PAYMENT

GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER

Delete GC 5.1 in its entirety and replace with “intentionally left blank” GC 5.2 ACCOUNTING AND AUDIT

Delete GC 5.2 in its entirety and replace with the following: “5.2.1 The Construction Manager shall keep full and detailed accounts and records necessary for the

documentation of and the cost of performing the work attributable to the Change Directive. 5.2.2 For 90 calendar days after the application for final payment or for such other period specified in

the Contract, the Owner shall be afforded reasonable access to all of the Construction Manager’s books, records, correspondence, instructions, drawings, receipt vouchers, Subcontractor and Supplier invoices, and memoranda relating to the cost of performing the Work attributable to the Change Directive, and for this purpose the Construction Manager shall preserve all such records.”

GC 5.3 PROGRESS PAYMENT FOR THE SERVICES

Delete its entirety and replace with “intentionally left blank”. GC 5.4 PROGRESS PAYMENT FOR THE WORK

Delete GC 5.4 in its entirety and replace with the following: “5.4.1 Applications for payment on account as provided in Article A-9 of the Agreement – PAYMENT

may be made monthly as the Work progresses. 5.4.2 Applications for payment shall be dated the last day of each payment period, which is the last day

of the month or an alternative day of the month agreed in writing by the parties. 5.4.3 The amount claimed shall be for the value, proportionate to the Contract Price, of Work

performed and Products delivered to the Place of the Work as of the last day of the payment period

5.4.4 The Construction Manager shall submit to the Consultant, at least 15 calendar days before the

first application for payment after exercising the stipulated price option, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment.

5.4.5 The schedule of values shall be made out in such form and supported by such evidence as the

Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error.

5.4.6 Applications for payment for Products delivered to the Place of the Work but not yet incorporated

into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. No amount claimed shall include Products delivered to the Place of the Work unless the Products are free and clear of all security interests, liens and other claims of third parties. Any Products delivered to the Place of the Work but not

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yet incorporated into the Work shall remain at the risk of the Construction Manager notwithstanding that payment is made by the Owner and title has passed to the Owner.

5.4.7 After receipt by the Consultant of an application for payment for the Work submitted by the

Construction Manager in accordance with paragraphs 5.4.1 to 5.4.6: .1 the Consultant will promptly inform the Owner of the date of receipt of the Construction

Manager’s application for payment; .2 the Consultant will issue to the Owner and copy to the Construction Manager, no later than

10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Construction Manager in writing giving reasons for the amendment; and

.3 the Owner shall make payment to the Construction Manager on account as provided in Article A-9 of the Agreement – PAYMENT on or before 20 calendar days after the later of: - receipt by the Consultant of the application for payment, or - the last day of the monthly payment period for which the application for payment is

made. 5.4.8 The Construction Manager shall include a statement based on the schedule of values with each

application for payment and will identify separately with reference to the applicable Change Order, any application for payment for Work performed pursuant to a Change Order. No payment for extras or changes will be made by the Owner before the issuance of the applicable Change Order.

5.4.9 The Owner may set off from payments owing to the Construction Manager costs, expenses and

damages the Owner incurs or suffers as a result of the Construction Manager’s wrongful or negligent act or omission, or which the Owner incurs on the Construction Manager’s behalf.

5.4.10 In addition to builders lien holdbacks, the Owner may retain additional holdbacks:

.1 to cover deficiencies in the Work, in an amount equal to twice the amount the Consultant estimates as the total cost to complete the deficiencies

.2 The Owner may, in addition to other holdbacks as provided by the Contract Documents, hold back an amount equal to any lien which has been filed with respect to the Work, plus 10% as security for costs. The Owner may, at its option, after ten days written notice to the Construction Manager, pay such amount into court to discharge the lien. If the lien is discharged without payment of the holdback into court, then the Owner shall pay such holdback to the Construction Manager, without interest, in the next monthly payment.

.3 The Owner may, in addition to other holdbacks as provided in the Contract Documents, hold back an amount of $100,000 for the operational manuals and other documentation required within 30 days following Substantial Performance of the Work as identified in GC 5.5.4.”

GC 5.5 SUBSTANTIAL PERFORMANCE OF THE WORK

5.5.4 Add GC 5.5.4: “5.5.4 No later than 30 days after Substantial Performance of the Work, the Construction Manager will

supply to the Owner: .1 two complete sets of printed as-built drawings for the Project in architectural drawing size

24” x 36” and one copy of the as-built drawings in Adobe (PDF) format on digital media acceptable to the Owner;

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.2 two complete sets of printed operations and maintenance manuals for all applicable components and systems of the Work and one copy of operations and maintenance manuals in Adobe (PDF) format on digital media acceptable to the Owner;

.3 originals and one copy of all guarantees, warrantees, certificates, testing and balancing reports related to the Work and one copy of these documents in Adobe (PDF) format on digital media acceptable to the Owner.

Failure to provide this information will result in a holdback of $100,000 being retained by the Owner and will be considered a breach of Contract.”

GC 5.6 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

5.6.6 Add GC 5.6.6: “5.6.6 The Construction Manager will not suffer or permit any liens under the Builders Lien Act (BC) to

be registered against title to the Place of the Work by reasons of labour, services or materials supplied as part of the Work. In the event that a lien or claim is filed in regard to the Work, the Construction Manager will take immediate action to cause the same to be removed.”

5.6.7 Add GC 5.6.7: “5.6.7 The Construction Manager’s application for Substantial Performance of the Work will constitute

a waiver by the Construction Manager of all claims for changes in the Work, except those made in writing to the Consultant and Owner prior to the date of application.”

5.6.8 Add GC 5.6.8: “5.6.8 After declaration of Substantial Performance of the Work by the Consultant, the value of

Progress Payment applications shall be limited to the value of the Contract less: .1 twice the value of any and all deficiencies identified and determined by the Consultant,

Owner and Construction Manager; .2 the value of incomplete work; .3 the amount of all previous payments; .4 the applicable amount of holdbacks as outlined in GC 5.5.4. If the Construction Manager fails to complete or correct the items referred to in .1 and .2 within a reasonable time as determined by the Consultant and Owner and not exceeding 45 days, the Owner may use such monies to complete or correct such items.

GC 5.7 PROGRESSIVE RELEASE OF HOLDBACK FOR THE WORK

5.7.4 Add GC 5.7.4: “5.7.4 The Construction Manager shall provide all necessary documentation reasonably required by the

Consultant and the Owner to determine amounts of such subcontract work and verify substantial performance of such subcontract work. The Owner reserves the right to agree to the release of payments for progressive holdbacks releases, unless if in the Consultant and Owner’s opinion, the Subcontractor work is considered incomplete, of poor quality, or may affect or delay subsequent trade activities.”

GC 5.8 FINAL PAYMENT FOR THE WORK

Delete GC 5.8.1 in its entirety and replace with the following: “5.8.1 When the Construction Manager considers that the Work is completed, the Construction

Manager shall submit an application for final payment together with any information, materials,

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documents, tests and reports, if not already submitted, and as required by the Contract Documents and as requested by the Consultant and Owner in accordance with good industry practice.”

Delete GC 5.8.4 in its entirety and replace with the following: “5.8.4 Subject to the Construction Manager’s removal of all liens under GC 5.6.6, and any lien

legislation, and the provision of 10.4.1 of GC 10.4 – WORKERS' COMPENSATION and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 15 calendar days after the issuance of a final certificate for payment, pay the Construction Manager as provided in Article A-9 of the Agreement – PAYMENT.”

PART 6 CHANGES

GC 6.1 OWNER’S RIGHT TO MAKE CHANGES

Delete the period at the end of GC 6.1.1.2 and replace with “; and” 6.1.1 Add GC 6.1.1.3

“.3 changes to the Services consisting of additions, deletions or other revisions to the Services by Change Order or Change Directive.”

Delete GC 6.1.2 in its entirety and replace with: “6.1.2 The Construction Manager shall not perform any change in the Work or Services without a

written Change Order or a Change Directive prepared by the Consultant and authorized by the Owner. Except and only to the extent otherwise expressly provided for in the Contract Documents, the Construction Manager will not claim or be entitled to any adjustment to Contract Price or any adjustment to the Contract Time, except pursuant to an authorized Change Order or Change Directive. Where the Contract makes provision for an adjustment to the Construction Manager’s Fee or Contract Time, such adjustment will be recorded in a Change Order. If the parties cannot agree on the amount of any adjustment, the adjustment shall be referred to the Consultant for a finding.”

Delete GC 6.1.3 in its entirety GC 6.2 CHANGE ORDER

Delete GC 6.2.1 in its entirety and replace with the following: “6.2.1 When a change in the Work is proposed or required, the Consultant shall provide the

Construction Manager with a written description of the proposed change in the Work. The Construction Manager shall promptly present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price and the adjustment in the Contract Time, as applicable, for the proposed change in the Work. There shall be no adjustment to the Contract Time should the Construction Manager fail to present a request for a specific adjustment to the Contract Time in response to a notice describing a proposed change in the Work.”

Delete GC 6.2.2 in its entirety and replace with the following: “6.2.2 When the Owner and Construction Manager agree to the adjustments in the Contract Price and

the Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in applications for progress payment.”

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6.2.4 Add GC 6.2.4: “6.2.4 The documentation procedure for authorization for changes in the Work shall be as follows:

.1 no verbal instruction will be recognized. All instructions and clarifications will be in writing by letter or email, backed up by recorded minutes of construction meetings, or by Inspection Reports completed by the Consultants for immediate authorization on site. Should such instructions be incomplete or unclear or involve extra cost, the Construction Manager shall inform the Consultant within 5 days of receipt of the instruction

.2 “Contemplated Change Orders” completed by the Consultant for purposes of pricing only shall be issued to the Construction Manager who will price the work within 5 days and return the pricing to the Consultant and Owner for approval prior to proceeding with the Change. Delays in a response from the Construction Manager which exceeds the 5 day turnaround period will not constitute a contract delay adjustment or be grounds for a time delay claim

.3 Change Orders for construction will proceed only upon review and approval of the Construction Manager’s price, together with the Consultant’s recommendation, and authorized by the Owner. Charges for additional work not so authorized will not be accepted.”

6.2.5 Add GC 6.2.5: “6.2.5 Whenever the Consultant delivers a written request to the Construction Manager for a quotation

of a possible change, the Construction Manager will within five (5) working days after receiving such request provide to the Consultant in writing a quotation of the value of the contemplated change and a statement of the effect, if any, of the contemplated change on the Construction Schedule. The Construction Manager’s written quotation and statement will be interpreted to include all costs, including any and all indirect or “impact” effects, and all effects on the Construction Schedule. The Construction Manager will not be entitled to claim on account of any cost or effects not included specifically in the quotation and statement unless the quotation and statement specifically itemize and describe such indirect effects.”

6.2.6 Add GC 6.2.6: “6.2.6 If the method of valuation, measurement, change in the Contract Price and change in Contract

Time cannot be promptly agreed upon within five (5) working days and the change is required to be proceeded with, then the Consultant in the first instance will determine the method of valuation, measurement, the change in Contract Price and Contract Time, subject to final determination in the manner set out in Part 8 – DISPUTE RESOLUTION, and the Construction Manager shall promptly proceed with the change.”

6.2.7 Add GC 6.2.7: “6.2.7 For certainty, all Change Orders will be priced as follows: .1 The cost of the Work shall be determined in accordance with Article A-7 of the Agreement –

COST OF WORK .2 The Construction Manager’s overhead, and profit shall be limited to and calculated as

follows: - Work carried out by the Construction Manager’s own forces – 5% of the price of

material and equipment. This is applicable to Work that excludes Division 1 items - General Requirements

- Construction Manager’s overhead and profit on Subcontractor work shall be 5% - For changes involving deletions only, Construction Manager’s overhead and profit shall

not be deducted as a Credit to the Owner’s account .3 Subcontractors overhead and profit shall be limited to and calculated as follows:

- 5 % of the cost of the Work, for overhead and profit combined

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- For changes involving deletions only, Subcontractor’s overhead and profit shall not be deducted as a credit to the Owner’s account.

.4 Subcontractors overhead and profit shall be calculated on net additional work only, after all credits have been deducted. When both additions and deletions covering related work or substitutions are involved in a change of 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.”

6.2.8 Add GC 6.2.8: “6.2.8 In the case of a dispute in the valuation of a change authorized in the Work and pending final

determination of such value, the Consultant will certify the value of the Work performed in accordance with the Consultant’s valuation of the change and include the amount with the regular certificates for payment. The Construction Manager and its Subcontractors shall keep accurate and verifiable records of quantities and cost of such work. The Construction Manager and its Subcontractors shall make available original documentation and records for audit as requested by the Consultant and Owner. Failure to provide such documentation and records shall nullify the Construction Manager’s claim, except for any portion of the claim that has previously been deemed fair and reasonable and certified by the Consultant.

GC 6.3 CHANGE DIRECTIVE

Delete GC 6.3 in its entirety and replace with the following: “6.3.1 If the Owner requires the Construction Manager to proceed with a change in the Work prior to

the Owner and the Construction Manager agreeing upon any corresponding adjustment in the Contract Price and the Contract Time, the Owner, through the Consultant, shall issue a Change Directive.

6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general

scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Construction Manager shall proceed promptly with the

change in the Work. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall

be determined on the basis of the cost of the Construction Manager’s actual expenditures and savings attributable to the Change Directive, valued in accordance with Article A-7 of the Agreement – COST OF WORK and as follows: .1 If the change results in a net increase in the Construction Manager’s cost; the Contract Price

shall be increased by the amount of the net increase in the Construction Manager’s cost, plus the Construction Manager’s percentage fee on such net increase.

.2 If the change results in a net decrease in the Construction Manager’s cost, the Contract Price shall be decreased by the amount of the net decrease in the Construction Manager’s cost, without adjustment for the Construction Manager’s percentage fee.

.3 The Construction Manager’s fee shall be as specified in the Contract Documents or as otherwise agreed by the parties.

6.3.7 If the Owner and the Construction Manager do not agree on the proposed adjustment in the

Contract Price, the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for a finding.

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6.3.8 When the Owner and the Construction Manager reach agreement on the adjustment to the

Contract Price and the Contract Time, this agreement shall be recorded in a Change Order. 6.3.9 Pending determination of the final amount of a Change Directive, the undisputed value of the

work performed as the result of a Change Directive is eligible to be included in progress payments.”

GC 6.4 CONCEALED OR UNKNOWN CONDITIONS

Delete GC 6.4 in its entirety and replace with the following: “6.4.1 If the Owner or the Construction Manager discover conditions at the Place of the Work which

are: .1 subsurface or otherwise concealed physical conditions which existed before the

commencement of the Work which differ materially from those indicated in the Contract Documents or if applicable any as-built drawings in relation to existing conditions at the Place of the Work that were available; or

.2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions.

6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is

that the conditions differ materially and this would justify an increase or decrease in the Contract Price or the Contract Time, the Consultant, with the Owner’s approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.

6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or

that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Construction Manager in writing.

6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials,

artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 – ARTIFACTS AND FOSSILS and GC 9.5 – MOULD.

6.4.5 The Construction Manager acknowledges that it has inspected the Place of the Work for the

physical conditions. The Construction Manager agrees not to seek any increases in the Construction Manager’s cost or time to perform the Work in respect of any conditions that were visible or could have been reasonably inferred by the Construction Manager prior to the date of the Contract.”

GC 6.5 DELAYS

Delete GC 6.5 in its entirety and replace with the following: “6.5.1 If the Construction Manager is delayed in the performance of the Work by an action or omission

of the Owner, Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such

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reasonable time as the Consultant may recommend in consultation with the Construction Manager. The Contract Price shall be adjusted by a reasonable amount for direct costs incurred as a result of such delays, but excluding any consequential, indirect or special costs.

6.5.2 If the Construction Manager is delayed in the performance of the Work by a stop work order

issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Construction Manager or any person employed or engaged by the Construction Manager directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Construction Manager. The Contract Price shall be adjusted by a reasonable amount for costs incurred by the Construction Manager as the result of such delay.

6.5.3 If the Construction Manager is delayed in the performance of the Work by:

.1 labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Construction Manager is a member or to which the Construction Manager is otherwise bound);

.2 fire, unusual delay by common carriers or unavoidable casualties;

.3 abnormally adverse weather conditions, being weather conditions that affect the Place of the Work that is more or of longer duration than the weather conditions that a person experienced with the Place of the Work would reasonably anticipate and that has materially adverse effect on the Construction Manager’s performance of the Work; or

.4 any cause beyond the Construction Manager’s control other than one resulting from a default or breach of Contract by the Construction Manager, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Construction Manager. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Construction Manager agrees to a shorter extension. The Construction Manager shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly.

6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of the delay is given to

the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. No claim for additional payment arising from the delay will be payable to the Construction Manager unless the Construction Manager has prepared, or caused to be prepared, records of all work and the costs of the Work, on a daily basis as the Work proceeds, and submits such records to the Consultant and Owner in support of the claim.

6.5.5 If no schedule is made under paragraph 2.3.13 of GC 2.3 – CONSULTANT’S

RESPONSIBILITIES or paragraph 3.5.1 of GC 3.5 – CONSTRUCTION SCHEDULE, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made.

6.5.6 The Owner and Consultant may, at any time, give written direction to the Construction Manager

for the Construction Manager to accelerate the Work, in which event the Construction Manager shall use reasonable best effort to proceed with the Work more quickly, which may include hiring additional labour and equipment and /or working additional hours or shifts. If at the time of such direction by the Owner or Consultant, the Construction Manager is behind the approved and agreed Construction Schedule due to a cause within the Construction Manager’s control, then the cost of such acceleration shall be borne by the Construction Manager. If at such time the Construction Manager is not behind the Construction Schedule, or is not behind, due to a cause

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within the Construction Manager’s control, then the cost of such acceleration shall be agreed with the Owner, and will be to the Owner’s account.

6.5.7 If, for any reason, the Construction Manager deems it necessary to accelerate the Work, then the

Construction Manager shall provide written notice of its intention to accelerate at least 24 hours prior to doing so.

6.5.8 In the event of a delay which results in stoppage of the Work, the Construction Manager will take

all reasonable steps to protect the Work for the entire period of the delay. The cost of such protection shall be paid as follows: .1 if under 6.5.1, the Owner will pay, or .2 if under 6.5.3 the Construction Manager will pay.

6.5.9 The Construction Manager acknowledges and agrees that none of the following events outside

the control of the Construction Manager may give rise to any right to request a Contract Time extension: .1 an act or omission of a Subcontractor, including insolvency, or .2 inclement weather, except that considered abnormal, or .3 manpower shortages.”

GC 6.6 CLAIMS FOR A CHANGE IN CONSTRUCTION MANAGER’S FEE FOR THE

SERVICES, THE PRICE OF THE WORK OR THE GUARANTEED MAXIMUM PRICE

Delete GC 6.6 in its entirety and replace with the following: “GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Construction Manager intends to make a claim for an increase to the Contract Price, or if

the Owner intends to make a claim against the Construction Manager for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party with a copy to the Consultant.”

PART 7 DEFAULT NOTICE

GC 7.1 OWNERS RIGHT TO PERFORM THE WORK OR TERMINATE THE CONTRACT

Delete GC 7.1 in its entirety and replace with the following: “7.1.1 If the Construction Manager is adjudged bankrupt, or makes a general assignment for the benefit

of creditors because of the Construction Manager’s insolvency, or if a receiver is appointed because of the Construction Manager’s insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Construction Manager’s right to continue with the Work, by giving the Construction Manager or receiver or trustee in bankruptcy Notice in Writing to that effect.

7.1.2 If the Construction Manager neglects to prosecute the Work properly or otherwise fails to comply

with the requirements of the Contract Documents to a substantial degree, and if the Consultant has given a written statement to the Owner and Construction Manager that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Construction Manager Notice in Writing that the Construction Manager is in default of the Construction Manager's contractual obligations and instruct the Construction Manager to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing.

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7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed in writing by the parties, the Construction Manager shall be in compliance with the Owner's instructions if the Construction Manager: .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule.

7.1.4 If the Construction Manager fails to correct the default in the time specified or in such other time

period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the

Construction Manager provided the Consultant has certified such cost to the Owner and the Construction Manager, or

.2 terminate the Construction Manager's right to continue with the Work in whole or in part or terminate the Contract.

7.1.5 If the Owner terminates the Construction Manager’s right to continue with the Work as provided

in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products at the Place of the Work; subject to the rights of

third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and

.2 withhold further payment to the Construction Manager until a final certificate for payment is issued, and

.3 charge the Construction Manager the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant’s additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to Work performed by the Construction Manager that may be required under GC 12.3 – WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Construction Manager the difference, and

.4 on expiry of the warranty period, charge the Construction Manager the amount by which the cost of corrections to the Construction Manager’s Work under GC 12.3 – WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Construction Manager the difference.

7.1.6 The Construction Manager’s obligation under the Contract as to quality, correction and warranty

of the work performed by the Construction Manager up to the time of termination shall continue in force after such termination of the Contract.

7.1.7 The Owner may terminate this Contract with reasonable cause, by giving the Construction

Manager 14 days’ Notice in Writing to that effect. If the Owner terminates this Contract for convenience under this GC 7.1.7, the Owner will pay the Construction Manager for all Services and the Work performed up to the date of termination plus any wind down and demobilization costs reasonably incurred by the Construction Manager. Upon payment for such amounts no other payment will be owed by the Owner to the Construction Manager and, for certainty, no amount will be owing on account of special services, indirect or consequential losses, including lost profits to the portion of the Services or Work not performed.”

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GC 7.2 CONSTRUCTION MANAGER’S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT

7.2.5 Delete GC 7.2.5 in its entirety and replace with the following: “7.2.5 If the Construction Manager terminates the Contract under the conditions set out above, the

Construction Manager shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other direct damages as the Construction Manager may have sustained as a result of the termination of the Contract, but not any special, indirect or consequential losses, including loss of profit.”

PART 8 DISPUTE RESOLUTION

GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION

8.2.9 Add GC 8.2.9: “8.2.9 Unless both parties agree, the Construction Manager shall not stop the Work, or any part of the

Work, pending the resolution of any dispute under the Contract between the parties. PART 9 PROTECTION OF PERSONS AND PROPERTY

GC 9.1 PROTECTION OF WORK AND PROPERTY

9.1 Delete GC 9.1 in its entirety and replace with the following: “9.1.1 The Construction Manager shall protect the Work and the Owner’s property and property

adjacent to the Place of the Work from damage which may arise as the result of the Construction Manager’s operations under this Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, or their respective agents

and employees. 9.1.2 Before commencing any work, the Construction Manager shall locate on site all underground

utilities and structures that are indicated in the Contract Documents or information provided by the Owner, or that are reasonably apparent in an inspection of the Place of the Work

9.1.3 Should the Construction Manager in the performance of the Contract damage the Work, the

Owner’s property or property adjacent to the Place of the Work, the Construction Manager shall be responsible for making good such damage at the Construction Manager’s expense.

9.1.4 Should damage occur to the Work or Owner’s property for which the Construction Manager is

not responsible, as provided in paragraph 9.1.1, the Construction Manager shall make good such damage to the Work and, if the Owner so directs, to the Owner’s property. The Contract Price and the Contract Time shall be adjusted as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.”

GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES

9.2 Delete GC 9.2 in its entirety and replace with the following: “9.2.1 For the purposes of applicable legislation, the Owner shall be deemed to have control and

management of the Place of the Work with respect to existing conditions.

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9.2.2 Prior to the Construction Manager commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present

at the Place of the Work, and .2 provide the Consultant and the Construction Manager with a written list of any such

substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person’s exposure to any toxic or

hazardous substance exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the Construction Manager commencing the Work.

9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all

necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Construction Manager commencing the Work.

9.2.5 If the Construction Manager

.1 encounters toxic or hazardous substances at the Place of the Work, or

.2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work,

which were not brought to the Place of the Work by the Construction Manager or anyone for whom the Construction Manager is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Construction Manager shall .3 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to

any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and

.4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Construction Manager do not agree on the existence or significance of toxic or

hazardous substances, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Construction Manager or anyone for whom the Construction Manager is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert’s report shall be delivered to the Owner and the Construction Manager.

9.2.7 If the Owner and Construction Manager agree or if the expert referred to in paragraph 9.2.6

determines that the toxic or hazardous substances were not brought onto the Place of the Work by the Construction Manager or anyone for whom the Construction Manager is responsible, the Owner shall promptly at the Owner’s own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Construction Manager for the costs of all steps taken pursuant to paragraph

9.2.5; .3 extend the Contract Time for such reasonable time as the Consultant may recommend in

consultation with the Construction Manager and the expert referred to in paragraph 9.2.6 and reimburse the Construction Manager for reasonable costs incurred as a result of the delay; and

.4 indemnify the Construction Manager as required by GC 12.1 – INDEMNIFICATION.

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9.2.8 If the Owner and Construction Manager agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the Place of the Work by the Construction Manager or anyone for whom the Construction Manager is responsible, the Construction Manager shall promptly at the Construction Manager’s own expense: .1 take all necessary steps, in accordance with applicable legislation in force at the Place of the

Work, to safely remove and dispose the toxic or hazardous substance; .2 make good any damage to the Work, the Owner’s property or property adjacent to the Place

of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;

.3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and

.4 indemnify the Owner as required by GC 12.1 – INDEMNIFICATION. 9.2.9 If either party does not accept the expert’s findings under paragraph 9.2.6, the disagreement shall

be settled in accordance with Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert’s determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES.”

GC 9.3 ARTIFACTS AND FOSSILS

9.3 Delete GC 9.3 in its entirety and replace with the following: “9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or

historic interest discovered at the Place of the Work shall, as between the Owner and the Construction Manager, be deemed to be the absolute property of the Owner.

9.3.2 The Construction Manager shall take all reasonable precautions to prevent removal or damage to

discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items

9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph

9.3.1. If conditions are found that would cause an increase or decrease in the Construction Manager’s cost or time to perform the Work, the Consultant, with the Owner’s approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.”

GC 9.4 CONSTRUCTION SAFETY

9.4 Delete GC 9.4 in its entirety and replace with the following: “9.4.1 The Construction Manager shall remove forthwith from the Place of the Work any person who

engages in misconduct or is incompetent or negligent in the performance of any duties or whose presence on site is otherwise undesirable.

9.4.2 The Construction Manager is responsible for all occupational health and safety at the Place of the

Work in accordance with the Worker’s Compensation Act (BC) and shall be deemed to be the “Prime Contractor” for the purposes of all occupational health and safety regulations from the effective date of this Contract until the earlier of the date of Substantial Performance of the Work and as such time as the Owner delivers to the Construction Manager written notice that another contractor has been appointed “Prime Contractor”. Without limiting the generality of the forgoing, should the Construction Manager receive an order from WorkSafeBC, it shall immediately provide a copy of such order to the Consultant, to the Owner and to the named

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Insurers, and shall, at its expense, immediately take steps to comply with the requirements of such order.”

GC 9.5 MOULD

9.5 Delete GC 9.5 in its entirety and replace with the following: “9.5.1 If the Construction Manager or Owner observes or reasonably suspects the presence of mould at

the Place of the Work, the remediation of which is not expressly part of the Work: .1 the observing party shall promptly report the circumstances to the other party in writing; .2 the Construction Manager shall promptly take all reasonable steps, including stopping the

Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould; and

.3 if the Owner and Construction Manager do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert’s report shall be delivered to the Owner and Construction Manager.

9.5.2 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3

determines that the presence of mould was caused by the Construction Manager’s operations under the Contract, the Construction Manager shall promptly, at the Construction Manager’s own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner’s property or property adjacent to the Place

of the Work as provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY, and

.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.

9.5.3 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3

determines that the presence of mould was not caused by the Construction Manager’s operations under the Contract, the Owner shall promptly, at the Owner’s own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould; .2 reimburse the Construction Manager for the cost of taking the steps under 9.5.1.2 and making

good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;

.3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Construction Manager and the expert referred to in paragraph 9.5.1.3 and reimburse the Construction Manager for reasonable costs incurred as a result of the delay; and

.4 indemnify the Construction Manager as required by GC 12.1 – INDEMNIFICATION. 9.5.4 If either party does not accept the expert’s finding under paragraph 9.5.1.3, the disagreement shall

be settled in accordance with Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert’s determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 – MOULD.”

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PART 10 GOVERNING REGULATIONS

GC 10.1 TAXES AND DUTIES

10.1 Delete GC 10.1 in its entirety and replace with the following: “10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid

closing except for Value Added Taxes payable by the Owner to the Construction Manager as stipulated in Article A-8 of the Agreement – CONTRACT PRICE.

10.1.2 Any increase or decrease in costs to the Construction Manager due to changes in such included

taxes and duties after exercising the stipulated price option shall increase or decrease the Contract Price accordingly.”

GC 10.2 LAWS, NOTICES, PERMITS AND FEES

10.2 Delete GC 10.2 in its entirety and replace with the following: “10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent

easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or which the Contract Documents specify as the responsibility of the Construction Manager.

10.2.3 The Construction Manager shall be responsible for the procurement of permits, licences,

inspections and certificates which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licenses, inspections and certificates, and their procurement.

10.2.4 The Construction Manager shall give the required notices and comply with the laws, ordinances,

rules, regulations, or codes 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. Without limiting the generality of the of the forgoing, the Construction Manager will notify, obtain inspections and approvals from, and co-operate with other organizations involved with or affected by the Work, including without limitation, telephone, cable, light, power, gas and other energy supply companies, railway and transportation companies, airport authorities and all relevant government agencies. The Owner will co-operate with the Construction Manager as reasonably required to assist the Construction Manager to obtain any required approvals

10.2.5 The Construction Manager shall not be responsible for verifying that the Contract Documents are

in compliance with the applicable laws, ordinances, rules, regulations or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations or codes which require modification to the Contract Documents, the Construction Manager shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.

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10.2.6 If the Construction Manager fails to advise the Consultant in writing, fails to obtain direction as

required in paragraph 10.2.5, and performs work contrary to any laws, ordinances, rules, regulations or codes; the Construction Manager shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations or codes, and the Construction Manager will not be entitled to claim contract delays as a result of these violations.”

GC 10.3 PATENT FEES

10.3 Delete 10.3 in its entirety and replace with the following: “10.3.1 The Construction Manager shall pay the royalties and patent license fees required for the

performance of the Contract. The Construction Manager shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits or proceedings arising out of the Construction Manager’s performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Construction Manager or anyone for whose acts the Construction Manager may be liable.”

GC 10.4 WORKERS’ COMPENSATION

Add GC 10.4.3: “10.4.3 The Construction Manager shall abide by and comply with all provisions of the Workers

Compensation Act with respect to the performance of the Work and will make all payments, contributions and other remittances and all reports, returns and statements required of employers under the said Act. The Construction Manager shall ensure full compliance with the said Act by all Subcontractors and other persons employed by the Construction Manager or with whom the Construction Manager may make any contract for the performance of any part of the Work. The Construction Manager agrees to indemnify the Owner against all cost, loss, liability, obligation and lien which may arise as a consequence of any failure by the Construction Manager or any Subcontractor or other person fully to comply with the said Act. The Construction Manager agrees immediately to qualify, and shall require all Subcontractors to qualify, as an employer or employers under the said Act.”

PART 11 INSURANCE – CONTRACT SECURITY

GC 11.1 INSURANCE

11.1.1 Delete GC 11.1.1 in its entirety 11.1.4 Delete GC 11.1.4 in its entirety 11.1 ADD GC 11.1.9: “11.1.9 The Owner shall provide, maintain, and pay for the following insurance coverages:

.1 Wrap Up Policy with Limit of Liability up to $25,000,000 (to be negotiated prior to signing the stipulated price contract)

.2 Course of Construction Insurance with Limit of Liability to the amount of the building (to be negotiated prior to signing the stipulated price contract)

The Construction Manager will pay a deductible amount of $25,000 for each and every claim submitted under these insurance coverages.”

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GC 11.2 CONTRACT SECURITY

11.2 Delete GC 11.2 in its entirety and replace with the following: “11.2.1 The Construction Manager shall, prior to commencement of the Work or within the specified

time, provide to the Owner any Contract security required by this Contract. 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a

duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfilment of the Contract. The form of Performance Bond shall be in accordance with the latest edition of the CCDC approved Performance Bond form. The Labour and Materials Payment Bond shall be a Broad Form bond, protecting all companies with a direct contract with the Principal or any Sub-Contractor of the Principal.”

PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY

GC 12.1 INDEMNIFICATION

12.1 Delete GC 12.1 in its entirety and replace with the following: “12.1.1 Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and

12.1.5, the Owner and the Construction Manager shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to, their involvement as parties to this Contract, provided such claims are: .1 caused by:

- the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or

- a failure of the party to the Contract from whom indemnification is sought to fulfil its terms or conditions; and

.2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.5.2.2 of GC 5.5 – SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work.

The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.

12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Construction Manager for which insurance

is to be provided by either party pursuant to GC 11.1 – INSURANCE, the insurance limit for the loss so covered as prescribed in GC 11.1 – INSURANCE.

.2 In respect to losses suffered by the Owner and the Construction Manager for which insurance is not required to be provided by either party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price or $2,000,000, but in no event shall the sum be greater than $20,000,000.

.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply.

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12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2

shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Construction Manager shall indemnify and hold harmless the other from and

against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES.

12.1.5 The Owner shall indemnify and hold harmless the Construction Manager from and against all

claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in GC 10.3 – PATENT FEES, and .2 arising out of the Construction Manager's performance of the Contract which are attributable

to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Construction

Manager: .1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon

which such claim is based became known; .2 should either party be required as a result of its obligation to indemnify the other pay or

satisfy a final order, judgment or award made against the party entitled by this Contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted.”

GC 12.3 WARRANTY

12.3 Delete GC 12.3 in its entirety and replace with the following: “12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under this

Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Construction Manager shall be responsible for the proper performance of the Work to the

extent that the design and the Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Construction Manager Notice in

Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 Subject to paragraph 12.3.2, the Construction Manager shall correct promptly, at the

Construction Manager's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. If the Construction Manager fails to correct such defects or deficiencies in the Work within 60 days , the Owner may at its discretion (but is not obligated to) correct all or part of such defects and deficiencies in the Work at the expense of the Construction Manager in which case the Construction Manager shall, upon notice from the Owner, promptly repay the Owner all costs reasonably incurred by the Owner, including without limiting any consultant, third party contractor and administrative costs to the Owner

12.3.5 The Construction Manager shall correct or pay for damage resulting from corrections made under

the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the two year warranty period as described in paragraph

12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Construction Manager’s responsibility with

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respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor.

12.3.7 Any defective item of equipment necessitating substantial repairs or replacement within the

warranty period shall be subject to a further warranty period of two years from the time of repairing or replacing of same. The cost associated with the extended warranty shall be borne by the warranty provider.

12.3.8 Acceptance of the Work by the Owner does not free the Construction Manager from correcting

material and workmanship deficiencies which are missed at the time of preparing the deficiency list or hidden deficiencies which become apparent during the warranty period.”

Add “PART 13 GAS AND ELECTRICITY”

Add “GC 13.1 GAS AND ELECTRICITY

13.1.1 The occupancy date will be the date of turnover of all gas and electricity billings to the Owner. The Construction Manager shall notify the gas and electricity suppliers and the Owner in writing as to the date of billing turnover at least 45 calendar days prior to such date.

13.1.2 The Owner shall be responsible for notifying the gas and electricity suppliers of start-up billing,

failing which the Owner shall reimburse the Construction Manager for all charges accruing thereafter.”

Add “PART 14 PUBLIC STATEMENTS AND SIGNS”

Add “GC 14.1 PUBLIC STATEMENTS AND SIGNS

14.1.1 The Construction Manager shall not make any public statement with respect to the Project without the prior written consent of the Owner.

14.1.2 The Construction Manager shall not erect or permit the erection of any sign or advertising at the

Place of the Work without the prior written approval of the Owner.” Add “PART 15 SOCIAL PROCUREMENT”

Add “GC 15.1 SOCIAL PROCUREMENT

15.1.1 The Construction Manager shall, on an annual basis or when requested from the Owner provide to the Owner the total hours worked on the Project, broken down between each of the following: apprentices; Indigenous peoples; women; persons with disabilities; veterans; youth; recent immigrants; and small-sized, medium sized and social enterprises entities.”

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APPENDIX F

PRIME CONTRACTOR DESIGNATION

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Will form part of the CCDC 5B as

Schedule A – Prime Contractor Designation

This Schedule forms part of the agreement between the Corporation of the City of New Westminster (the “City”)

and ________________________________________ (the “Contractor) respecting ______________________ (the

“Agreement”).

1. DEFINITIONS 1.1 In this Prime Contractor Designation schedule:

(a) “Agreement” means the agreement entered into between the City and the Contractor on [date] in relation to [description of services] for the Project;

(b) “Hazardous Materials Report” means a report prepared by a qualified person in accordance with s. 20.112 of the OH&S Regulation;

(c) “Owner” means the City, which is the owner of the Project; (d) “Project” means [description of project]; (e) “Project Manager” means the City’s designate with responsibility to liaise with

the Contractor for the purpose of managing, overseeing, coordinating or in any other way administering the Project

2. PRIME CONTRACTOR DESIGNATION 2.1 The Contractor agrees to assume the responsibilities of Prime Contractor for the Project,

as set out in the Workers Compensation Act and the OH&S Regulation.

3. CONTRACTOR RESPONSIBILITIES AS PRIME CONTRACTOR 3.1 As Prime Contractor for the Project, the Contractor will:

(a) ensure that the activities of employers, workers and other persons at the Project relating to occupational health and safety are coordinated; and

(b) do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance at the Project with the Workers Compensation Act and the OH&S Regulation.

3.2 Without limiting the generality of the foregoing, the Contractor will: (a) prior to beginning demolition or construction work on the Project, meet with the

Project Manager to review and complete the Pre-Job Meeting Form, to review and discuss the information in the City’s Known Hazards Form and the Contractor’s pre-work hazard identification documents, and to review and discuss the Hazardous Materials Report (if any);

(b) conduct all necessary and appropriate inquires of all relevant City staff and City records to ensure the Contractor is not missing any information from the City that is relevant to safety at the Project;

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(c) review, plan to address, and address all hazards identified in the City’s Known Hazards Form, the Contractor’s pre-work hazard identification documents, any Hazardous Materials Report, and any hazards or risk identified in the Workers Compensation Act or the OH&S Regulation;

(d) maintain and make available the documents listed on the Pre-Job Meeting Form, as appropriate;

(e) inform all other employers working on the Project that the Contractor is designated as the Prime Contractor for the Project;

(f) establish and maintain a system or process that will ensure compliance with the OH&S Regulation when visitors (i.e. couriers, inspectors, suppliers, etc.) enter the Project, which shall include site orientation and hazard communication to such visitors by the Contractor or the Contractor’s designate;

(g) maintain a current list of persons that each employer at the Project has designated to be responsible for that employer’s health and safety activities at the Project;

(h) ensure appropriate first aid resources are available for workers at the Project at all times work is being performed, in accordance with and as required by the OH&S Regulation;

(i) if required by the OH&S Regulation, submit a Notice of Project to WorkSafeBC in accordance with the OH&S Regulation, and comply with all requirements of the OH&S Regulation concerning the Notice of Project;

(j) if required by the OH&S Regulation, the Contractor will appoint a Qualified Coordinator for the purpose of ensuring the coordination of health and safety activities for the Project, and the Contractor shall ensure that any Qualified Coordinator so appointed is qualified to perform the responsibilities of his or her position and carries out the roles and responsibilities of a Qualified Coordinator as set out in the OH&S Regulation;

(k) provide the following information, in an always updated form, in a readily available location at the Project; (i) the name of any Qualified Coordinator appointed to the Project; (ii) a site drawing, which must be posted, showing project layout, first aid

location, emergency transportation provisions, and the evacuation marshalling station; and

(iii) a set of construction procedures designed to protect the health and safety of workers at the Project, developed in accordance with the requirements of the OH&S Regulation;

(l) immediately notify the City of the identity of any Qualified Coordinator appointed by the Contractor at the Project, from time to time.

4. HAZARDOUS MATERIALS 4.1 If during demolition or construction work on the Project the Contractor discovers or has

reason to believe that there are hazardous materials at the Project that were not set out in any Hazardous Materials Report, the Contractor will; (a) immediately notify the Project Manager; (b) take all reasonably appropriate measures to ensure the safety of workers at the

Project; and (c) take all reasonably appropriate measures to ensure the safety of the general

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4.2 Upon notification by the Contractor of additional hazardous materials or suspected

hazardous materials at the Project not set out in any Hazardous Materials Report, the City, in accordance with the OH&S Regulation, will obtain an updated Hazardous Materials Report, and will share such updated report with the Contractor. If the scope of work of the Project is changed as a result of the updated Hazardous Materials Report, the Project Manager will meet with the Contractor to discuss how the Project may be completed in a safe and cost effective manner.

5. GENERAL 5.1 In the event of a conflict between the Agreement and the Workers Compensation Act or

the OH&S Regulation, the legislative requirement(s) will apply.

5.2 If any part of this schedule is held to be unenforceable by a court or tribunal of competent jurisdiction, that part shall be severed and the remaining parts of this schedule shall remain in full force and effect.

5.3 If the Contractor violates any of the requirements of this schedule or of the Workers Compensation Act or the OH&S Regulation, the City may treat such violation as a breach of the Agreement resulting in possible termination or suspension of the Agreement and/or any other actions deemed appropriate at the discretion of the City.

5.4 No failure or delay by either party to this schedule in exercising any power, right or privilege provided in this schedule will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this schedule.

5.5 This schedule may be terminated in accordance with the terms of the Agreement.

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APPENDIX G

SUPPLEMENTARY CONDITIONS COMMENTS

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Proponents to provide a list of requested changes to the CCDC 5B and Supplementary General Conditions.

• Provide a reference to what section or clause in the agreement you would like to modify or change.

• Provide a detailed explanation of why you would like to make the change. • Provide an overview of the benefits to the City if the change is accepted.

Section or Clause

Reason for change Benefit to the City to accept the change request.

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APPENDIX H

SCHEMATIC DOCUMENT AND DRAWINGS

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Posted Separately in Three Files

Document and Drawing List First File

1. Schematic Design Documents (67 Pages)

Second File 2. Site Plan A100 – Base Program (1 Page) 3. Ground Floor A200 – Base Program (1 Page) 4. Upper Floor A201 – Base Program (1 Page) 5. Crawl Space Plan A203 – Base Program (1 Page) 6. Roof Plan A210 – Base Program (1 Page) 7. Elevations A300 – Base Program (1 Page) 8. Site Plan A100 – Enhanced Program (1 Page) 9. Ground Floor A200 – Enhanced Program (1 Page) 10. Upper Floor A201 – Enhanced Program (1 Page) 11. Crawl Space Plan A203 – Enhanced Program (1 Page) 12. Roof Plan A210 – Enhanced Program (1 Page) 13. Elevations A300 – Enhanced Program (1 Page) 14. Topographic Site Plan PDF Sheet 1 of 2 (1 Page) 15. Topographic Site Plan PDF Sheet 2 of 2 (1 Page)

Third File 16. Topographic Site Plan CAD drawing (unconfirmed)

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APPENDIX I

GEOTECHNICAL INVESTIGATION AND ENVIRONMENTAL REPORTS

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Posted Separately

Document List 1. Geotechnical Investigation Report (54 Pages) 2. Environmental Report (119 Pages)

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APPENDIX J

REVISED SCHEDULE A1 AND A2

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SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

1. PRECONSTRUCTION

(*Note: F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – CONSTRUCTION MANAGER’S FEE. F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – CONSTRUCTION MANAGER’S FEE. F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – CONSTRUCTION

MANAGER’S FEE.)

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1.1 General Services .1 Attend regular Project meetings with the Owner and the Consultant. .2 Provide advice to the Owner and the Consultant with respect to construction and market conditions.

F1 F1

1.2 Predesign .1 Estimating:

(1) Confirm or prepare a Class D Construction Cost Estimate. (2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,

and make recommendation for corrective action. .2 Scheduling: Prepare a preliminary overall Project schedule.

n/a n/a

1.3 Schematic Design Phase .1 Constructability: Provide advice on site use and possible improvements, selection of materials,

assembly systems, and, equipment and provide recommendations on construction feasibility, availability of materials and labour, time requirements for installation and construction, and factors related to alternative designs and possible economies.

.2 Estimating: (1) Prepare a Class C Construction Cost Estimate at the end of the Schematic Design Phase. (2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,

and make recommendation for corrective action. .3 Scheduling: Prepare, in consultation with the Consultant and the Owner, a preliminary Project

schedule for the Owner's review; such Project schedule shall take into consideration the sequence and timing of the required basic program decisions, including anticipated design time, approval period, preparation of documentation, bid calls and subsequent evaluations, trade contract awards, on-site construction activities, and the anticipated date of Substantial Performance of the Work.

.4 Other Services: Assist in providing liaison and coordination among government authorities, utility companies, and other authorities having jurisdiction over the Place of the Work.

F1

F1

F1

F1

1.4 Design Development Phase .1 Constructability:

(1) Provide updates as necessary regarding the availability of materials and labour, building systems, and possible economies.

(2) Make recommendations to the Owner and the Consultant regarding the scope of Work packages and Work to be performed by the Construction Manager’s own forces to help facilitate the subsequent bidding and awarding of Subcontractor and Supplier contracts.

(3) Review the Specifications and Drawings and, at the end of the Design Development Phase, make recommendations to the Owner and the Consultant as to constructability and coordination among the Subcontractors.

.2 Estimating and Cost Control: (1) Prepare a Class B Construction Cost Estimate at the end of the Design Development Phase. (2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,

and make recommendations for corrective action. (3) Establish a cost control program and prepare a cash flow forecast for the Project.

F1

F1

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1. PRECONSTRUCTION


MANAGER’S FEE.)

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.3 Scheduling: (1) Review and update the Project schedule with appropriate details. (2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-

3 of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner, and make recommendations for corrective action.

(3) Make recommendations to the Owner regarding any equipment or materials which should be pre- ordered to meet the Project schedule.

F1

1.5 Construction Document Phase .1 Constructability:

(1) Provide updates as necessary regarding the availability of materials and labour, building systems, and possible economies.

(2) Review the Specifications and Drawings and make recommendations to the Owner and the Consultant as to clarity, consistency, constructability, and coordination among the Subcontractors.

(3) Assist the Owner and the Consultant in preparing bid documents for Subcontractors. (4) Assist the Owner in determining the contract security requirements of Subcontractors.

.2 Estimating and Cost Control: (1) Update the Class B Construction Cost Estimate at defined intervals of Construction Documents

completion. (2) Prepare a Class A Construction Cost Estimate at the end of the Construction Document Phase. (3) Update the cash flow forecasts for the Project. (4) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,

and make recommendations for corrective action. .3 Scheduling:

(1) Review and update the Project schedule with appropriate details. (2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-3

of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner, and make recommendations for corrective action, including changes to Project scope, schedule or budget.

.4 Other Services: (1) Make recommendations to the Owner regarding any equipment or materials which should be pre-

ordered to meet the Project objective.

F1

F1

F1

F1

1.6 Construction Procurement Phase .1 Scheduling:

(1) Review and update the Project schedule with appropriate details. .2 Contracting:

(1) Develop methods of solicitation for Subcontractors and the distribution of addenda. (2) Prepare the prequalification criteria for Subcontractors and Suppliers as required by the Owner. (3) Review for completeness and coordinate all bid documents for the solicitation of competitive bids

for the Work to be performed by Subcontractors. .3 Other Service:

(1) Update the cash flow forecasts for the Project.

F1

F1

F1

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2. CONSTRUCTION


MANAGER’S FEE.)

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2.1 General Service .1 Chair and minute regular Project meetings with the Owner and the Consultant.

n/a

2.2 Cost Control and Accounting .1 Prepare and update the Construction Cost and cash flow forecasts in accordance with the Project budget

as specified in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner.

.2 Develop, implement and maintain a system of Project cost control and accounting.

.3 Advise the Owner and the Consultant on the variances between actual cost and Construction Cost Estimate.

.4 Provide reasonable assistance and information to permit recovery of all tax rebates where applicable.

.5 Provide recommendations to the Owner for necessary changes to maintain the Project budget and Project schedule.

n/a

n/a n/a

n/a n/a

3. POST-CONSTRUCTION

3.1 General Service .1 Prepare final Construction Cost report.

n/a

3.2 Occupancy Review .1 Assist the Owner in conducting post-construction occupancy review.

n/a

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SCHEDULE A2 – REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE A1

Unless otherwise agreed to by the parties or as indicated in the following table, all expense items relating to Services are included in the Construction Manager’s Fee for the Services as described in paragraph 5.2 of Article of the Agreement A-5 – CONSTRUCTION MANAGER’S FEE.

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-6)

1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50kmfrom the Place of the Work.

n/a

2. Charges for long distance telephone and facsimile communications, courier services, reproductionof Contract Documents incurred in relation to the performance of this Contract.

n/a

3. The cost of Project specific information technology support in accordance with the methoddetermined by the parties.

Yes

4. Deposits lost provided that they are not caused by negligent acts or omissions of the ConstructionManager and the Services are performed in accordance with this Contract.

n/a

5. The costs to the Construction Manager that result from any Subcontractor’s insolvency or failureto perform. THIS IS NOT REQUIRED

n/a

6. Charges levied by authorities having jurisdiction at the Place of the Work. n/a 7. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits

therefore. Yes

8. Any adjustment in taxes and duties directly related to the Project for which the ConstructionManager is liable. THIS IS NOT REQUIRED

n/a

9. Losses and expenses sustained by the Construction Manager for matters which are the subject ofthe insurance coverages obtained pursuant to GC 11.1 – INSURANCE when such losses andexpenses are not recoverable because the amounts are in excess of collectible amounts, within thedeductible amounts or are not insurable.

Yes

10. The costs incurred due to emergencies affecting the safety of persons or property. Yes 11. Legal costs, incurred by the Construction Manager in relation to the performance of the Services

provided that they are not caused by negligent acts or omissions of the Construction Manager andthe Services are performed in accordance with this Contract.

Yes

12. Such other costs directly incurred by the Construction Manager in the performance of thisContract as follows: TBD

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