Request for Proposals RFP No. 09-01-01

Request for Proposals RFP No. 09-01-01

Construction Management Services for

Town Centre Fire Station Expansion

SUMMARY OF KEY INFORMATION

Proposals will be received at:

City of Coquitlam c/o Reception Desk – Main Floor, City Hall

3000 Guildford Way Coquitlam, BC V3B 7N2

OR at the following email or fax number:

Email: [email protected] Fax: 604-927-3035

(Refer to section 2.3 of this RFP)

On or before 2:00 p.m. local time on Tuesday, March 10, 2009

RFP documents may be obtained from the City’s website: www.coquitlam.ca or by email request: [email protected] Proponents are required to check the City’s website for any updated information and addenda issued, before the Closing Date and Time at the following website address: http://www.coquitlam.ca/Business/Doing+Business+with+Coquitlam/Competitive+Bid+Opportunities/Request+for+Proposals.htm A non-mandatory site visit will be held on Wednesday, February 18, 2009 at 10:00 a.m. Proponents are to meet with the Project Manager at the front entrance of the Fire Hall located at 1300 Pinetree Way, accessible from the north parking lot. Attendance does not need to be confirmed. Issue Date: February 9, 2009

City of Coquitlam RFP N0. 09-01-01 Construction Management Services for Town Centre Fire Station Expansion

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1. DEFINITIONS

“Contract” means a formal written contract between the City and the successful proponent to undertake the Services, the preferred form of which is the Standard Agreement between an Owner and a Construction Manager as published by the Canadian Construction Association and referred to as CCA No. 5 (1988), as amended by the supplementary general conditions attached as Schedule A to this RFP. “City” means City of Coquitlam. “Closing Date and Time” has the meaning set out in section 2.2 of this RFP. “Consultant” “Consultants” means those firms that the City has retained for professional technical consulting services relating to the design and construction of the project identified in this RFP. “Preferred Proponent” means the Proponent selected by the City to enter into negotiations for a Contract; “Proponent” means responder to this Request for Proposals. “Proposal” means a proposal submitted in response to this RFP. “RFP” “Request for Proposals” means this request for proposals and includes all documents, specifications, drawings and addenda incorporated herein. “Services” has the meaning set out in section 3.2 of this RFP.


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2. INSTRUCTIONS TO PROPONENTS 2.1 Purpose

The purpose of this RFP is to request proposals from professional experienced qualified firms for Construction Management Services for the proposed Town Centre Fire Station (TCFS) Expansion Project, located at 1300 Pinetree Way, a project that is consistent with the City’s vision of maintaining and enhancing public services and building “green” and energy efficient facilities. Additional information about the project is included in section 3 (Terms of Reference) of this RFP.

2.2 Closing Date and Time

Proposals must be received by the City on or before 2:00 p.m. (local time) on Tuesday, March 10, 2009 (the “Closing Date and Time”) at the address, email address or fax number set out in section 2.3 of this RFP.

Proposals received after the Closing Date and Time will not be accepted.

2.3 Address for Submissions

Proposals must be received by the City:

(a) in hard copy at the following address:

City of Coquitlam c/o Reception Desk – Main Floor, City Hall 3000 Guildford Way Coquitlam, BC V3B 7N2

OR

(b) in electronic form at the following email address: [email protected]

OR

(c) in electronic form at the following fax number: 604-927-3035.

Proposals submitted electronically by email or fax under (b) or (c) above will be deemed to be received when displayed as new email on the City’s electronic equipment, or when fax transmittal has been received by the City at the fax number above. The City will not be responsible or liable for ensuring that any


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electronic email or fax system being operated for the City is in good working order, able to receive transmissions, or for any delay for any reason to electronic submissions, including technological delays, spam filters, firewalls, job queue, file size limitations, etc. As stated in Section 2.2, proposals received after the Closing Date and Time will not be accepted.

2.4 Number of Copies

Proponents submitting hard copies of their Proposals should submit the original proposal unbound and three (3) hard copies, 4 in total, of their proposal clearly labeled with the name of the proponent and marked “RFP No. 09-01-01 – Construction Management Services for Town Centre Fire Station Expansion”. The City prefers not to have submissions in ring type binders. Proponents submitting electronic copies of their Proposals should submit one electronic copy.

2.5 Clarity and Organization of Proposals

Proposals should be complete, clear, consistent, well organized and legible to facilitate evaluation.

2.6 Enquiries

It is the responsibility of each Proponent to seek clarification on any matter relating to this RFP. All enquiries regarding this RFP must be in writing by fax or email only to the contact noted below and should be submitted 72 hours prior to the Closing Date and Time.

Vraj Sudra, PMP, Project Manager

City of Coquitlam Fax: 604-933-6077

E-mail: [email protected]

Information obtained from any other source is not official and may not be relied upon. If the City determines that an amendment is required to this RFP, the City will issue a written addendum to be posted on the City’s website that will be incorporated into and become part of the RFP. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent.


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2.7 Addenda

Proponents are required to check the City’s website for any updated information and addenda issued before the Closing Date and Time at the following website address:

http://www.coquitlam.ca/Business/Doing+Business+with+Coquitlam/Competitive+Bid+Opportunities/Request+for+Proposals.htm

No amendment of any kind to the RFP is effective unless it is contained in a formal written addendum issued by the City.

Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City website.

If there is any discrepancy in the information provided, the City’s original file copy will prevail.

2.8 Non-mandatory Site Visit

A non-mandatory site visit will be held on Wednesday, February 18, 2009 at 10:00 a.m. Proponents are to meet with the Project Manager at the front entrance of the Fire Hall located at 1300 Pinetree Way, accessible from the north parking lot. Attendance does not need to be confirmed.

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3. TERMS OF REFERENCE 3.1 Project Description

(a) The project consists of an expansion to the Town Centre Fire Station located at 1300 Pinetree Way, Coquitlam: Expansion of Administration Building to accommodate chief officers, fire prevention, support staff, communication dispatch center and classroom space to meet the current needs and allow for expansion within a ten (10) year horizon. The expansion is anticipated to be a post-disaster structure of approximately 450 square meters on two (2) or three (3) floors. The expansion will be an extension of the existing design using materials to complement or match the existing building. It is anticipated to enclose the recent seismic structure at the front of the fire station building and the administration building to create additional space. Coquitlam Fire & Rescue Services requires accommodations for female fire fighters. This will require modifications to the existing space on the upper level of the fire hall to accommodate a maximum of two (2) female firefighters sleeping quarters with shower and washroom facilities. Site works will include development of additional parking spaces to comply with current code and demands. Other site works will include lighting and other site services which may include, but is not limited to drainage, hydrants, landscaping, etc.

(b) Of major concern to the City and Coquitlam Fire & Rescue Services will be the maintenance of on-going activities while the new construction and/or renovations are underway. At all times during the construction, emergency operations and communications MUST BE MAINTAINED.

(c) The total budget available for all aspects of the project, including consulting

services, is $4.4 million. The estimated budget for construction is approximately $3.5 million.

The City anticipates that construction phase may commence approximately

August 2009 for estimated 12 month duration. Accordingly, fee proposals should be based on a 12 month construction phase anticipated to commence approximately August 2009.

(d) The City has retained Johnston Davidson Architecture + Planning Inc to provide and coordinate architectural, structural, mechanical, electrical and other essential consulting services as required for the Project.


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Functional programming and spatial needs for the project are underway. Design development to commence in February 2009. Tendering and commencement of construction anticipated summer of 2009 with an estimated construction duration of 12 months.

3.2 Construction Management Services

The duties of the successful Proponent (the “Services”) will be as described in the Standard Agreement between an Owner and a Construction Manager published by the Canadian Construction Association and referred to as CCA No. 5 (1988), as amended by the supplementary general conditions attached as Schedule A to this RFP.


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4. PROPOSAL SUBMISSION REQUIREMENTS

Proponents should include the following information in their Proposals:

4.1 Services and Qualifications of Team

(a) a profile of the Proponent firm.

(b) an organization chart indicating personnel roles and relationships.

(c) brief resumes of key personnel and nomination of the person responsible as/for: i. Construction Manager

ii. Site Manager

(d) a list of projects for which the Proponents personnel were responsible, their resumes and their role in the project, value and year project was completed.

4.2 Related Experience

(a) a description and details of past projects of a similar scale and nature. (b) a description of any work performed for local government clients; public

works. (c) a description of work similar to the project identified in this RFP including

major renovations and work performed in or adjacent to operating facilities. (d) a list of references, including contact names and numbers. (e) a description of the safety program for a typical worksite.

4.3 Current Work Commitments

(a) a description of the Proponent’s current work commitments.

(b) a description of the current work commitments of the proposed staff for this project.

(c) examples of the Proponent’s success in completing work within time and budget constraints.

(d) a statement confirming and committing adequate resources needed to achieve the noted milestones established for this project.


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4.4 Approach and Methodology

(a) a description of the Proponent’s general approach to the Services (refer to GC 2 of CCA-5, as amended by the Supplementary General Conditions attached as Schedule A to this RFP).

(b) a description of the tools and methodologies that will be used by the

Proponent’s team in managing this project. This should include, but not be limited to, scheduling, cost control, quality control, contract and administration, communications. Provide examples of the tools and methodologies.

4.5 Fee Proposal

(a) a fee proposal (stated in Canadian currency), including the following:

(i) a total fixed fee for the Services, and a breakdown of the fixed fee into the following phases: • Pre-Construction Phase • Construction Phase • Post-Construction Phase NOTE: Refer to paragraph 1 of the Supplementary General Conditions attached as Schedule A to this RFP, which describes what is to be included in the fixed fee.

(ii) a method for adjusting the fixed fee if the estimated 12 month

construction phase and scope of the services changes.

(iii) fixed rates for the Construction Manager’s on-site personnel (refer to paragraph 5 of the Supplementary General Conditions attached as Schedule A to this RFP);

(iv) a description of any extraordinary expenses, disbursements and any

other costs associated with the delivery of Construction Management Services not included with the Proponent’s fixed fee;

(v) fixed rates for the performance of any Additional Services.

The fee proposal should be stated in Canadian currency. Proposed fees should include all taxes, except for Goods and Services Tax (GST), which will be shown as a separate item at time of invoicing.


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5. SELECTION / EVALUATION PROCESS 5.1 Evaluation Committee

The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Committee, which may consist of one or more persons. The Evaluation Committee may consult with others including City staff members, third party consultants and references, as the Evaluation Committee may in its discretion decide is required. The Evaluation Committee will give a written recommendation for the selection of a Preferred Proponent to the City.

5.2 Evaluation Criteria

The Evaluation Committee will evaluate Proposals to identify the Proposal with the best overall value to the City, using the following criteria (listed in no particular order or precedence):

Criteria for Evaluation

1. Proponent’s history of successful project completion and general reputation in the industry including similar construction management experience with public facility contracting and administration;

2. Nominated staff experience (technical and other) on public buildings and projects of a similar type and size;

3. Proponent’s and team members' fast-track and sequential tendering experience;

4. Proponent’s familiarity and understanding of the project and local site safety experience;

5. Proponent’s demonstrated experience managing major renovation work and construction in, or adjacent to, operating facilities;

6. Methodology and experience regarding cost and schedule control;

7. Commitment of key team members to the project for the term of the project including consideration of current workload;

8. Quality and completeness of proposal submission;

9. Team’s experience in and methodology for communicating with owners, consultants, contractors and others;

10. Fee Proposal– total fixed fee, rates and charges

The Evaluation Committee may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent’s Proposal to another Proponent’s Proposal. No totals, weights or scores will be provided to any Proponent.


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5.3 Additional Information

The Evaluation Committee may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Committee may make such requests to only selected Proponents. The Evaluation Committee may consider such clarifications or additional information in evaluating a Proposal.

5.4 Presentations

Following an initial screening and subsequent reference verifications, the Evaluation Committee may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Committee to make oral presentations regarding their Proposals. In such event, the Evaluation Committee will be entitled to consider the information received in evaluating Proposals.

5.5 Negotiation of Contract and Award

If the City selects a Preferred Proponent, then it will enter into discussions with the Preferred Proponent to clarify any outstanding issues and attempt to finalize the terms of a Contract, including financial terms. If discussions are successful, the City and the Preferred Proponent will finalize a Contract. If at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time then the City may give the Preferred Proponent written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and obtain or proceed with the Services in some other manner.


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6. GENERAL CONDITIONS 6.1 Acceptance or Rejection of Proposals

This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process.

If the City terminates this RFP, it may, at any time, invite further proposals for the provision of the Services or enter into discussions or negotiations with any party for the provision of such services.

6.2 Acceptance Period for Proposals Any Proponent submitting a Proposal in response to this RFP commits, if selected

as a Preferred Proponent by the City, to negotiate in good faith towards a Contract with the City on the basis of the Proposal submitted, for a period of 60 days following the Closing Date.

6.3 No Binding Agreement until Execution of a Contract

There will be no binding agreement with the City for the Services until a formal, written agreement has been negotiated with a Proponent and that agreement has been approved and executed by the authorized signatories of both the parties.

6.4 Cost of Proposal Preparation and submission of a Proposal in response to this RFP is voluntary and

any costs associated with Proposal preparation, submission, meetings, negotiations or discussions with the City are solely that of the Proponent submitting the Proposal.

6.5 No Claims

The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP, and by submitting a Proposal, each Proponent will be deemed to have agreed that it has no claim.


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6.6 Proponents Understanding and Qualifications In submitting a proposal, the proponent acknowledges and agrees that it has read,

understood and agreed to all terms and conditions described in the RFP and they have the necessary experience, skills and ability to effectively provide the Services.

6.7 Ownership of Proposals All Proposals submitted will become the property of the City after the Closing Date

and Time and will not be returned. 6.8 Solicitation of Council Members

Proponents and their agents will not contact any member of the City Council with respect to this RFP at any time prior to the award of a Contract or the termination of this RFP, and the City may reject the Proposal of any Proponent that makes any such contact.

6.9 Freedom of Information and Protection of Privacy Act The City is bound by the provisions of the Freedom of Information and Protection

of Privacy Act. All firms submitting a Proposal are therefore advised that any Proposal submitted in response to this Request for Proposals may be treated as a public document and the contents therein may be disclosed upon written request if required to do so, pursuant to the Act.

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SCHEDULE A – SUPPLEMENTARY GENERAL CONDITIONS TO CCA 5 – 1988

City of Coquitlam

Schedule A

SUPPLEMENTARY GENERAL CONDITIONS

TOWN CENTRE FIRE STATION EXPANSION PROJECT

These Supplementary General Conditions modify and amend the Canadian Standard Construction Management Contract Form Between Owner and Construction Manager, CCA 5 - 1988 and form a part of this Contract. In the event of any conflict between the provisions of the Contract Documents and any provision of these Supplementary General Conditions, these Supplementary General Conditions shall govern. AGREEMENT 1. Add the following paragraph (c) to Article A-5:

“(c) The Contract Fee includes the following:

(i) all of the Construction Manager’s overhead and profit; (ii) all costs associated with services performed off-site, including the cost of the

Construction Manager’s off-site personnel, off-site centralized purchasing and procurement systems and services; central accounting, billing, costing and general administrative services;

(iii) all telephone calls, cell phones and faxes; (iv) all computer usage; (v) all travel within the Lower Mainland; and (vi) courier charges.

2. Delete the first paragraph of Article A-12 in its entirety. 3. Delete the first sentence of Article A-15 and substitute the following: “All cash discounts shall

accrue to the Owner.”

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APPENDIX ‘A’ 2. Delete Appendix ‘A’ in its entirety and substitute the following:

“The following items are Reimbursable Expenses referred to in ARTICLE A-6 REIMBURSABLE EXPENSES: (a) Cost of Construction Manager’s On Site Personnel: the cost of the Construction

Manager’s on-site personnel, at the following hourly rates:

Position Name Hourly Rate

(i) The rates shown above include all assessments payable with respect to labour

as required by law (such as Workers’ Compensation, unemployment insurance, holiday pay, insurance, CPP and all employee benefits).

(ii) No premium time will be paid by the Owner in relation to services performed by the above personnel unless pre-authorized in writing by the Owner.

(iii) The rates shown above will remain fixed for the duration of the Contract.

(b) Other expenses as set out below:

(i) The cost of all materials, products, supplies and equipment incorporated into the Work, including costs of transportation and storage thereof.

(ii) The cost of materials, products, supplies, temporary services, utilities and facilities, including transportation and maintenance thereof, which are consumed in the performance of the Contract, and less salvage value on such items used, but not consumed, which remain the property of the Construction Manager.

(iii) Payments to subcontractors engaged by the Construction Manager pursuant to and in accordance with fixed price subcontracts or other forms of agreement approved by the Owner.

(iv) The Construction Manager's portable on-site office facilities, including the supply of standard office equipment and furniture, subject to the prior approval of the Owner, to be charged out at a rate approved by the Owner in advance.

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(v) Quality assurance services such as independent inspection and testing services when specifically requested by the Owner to be arranged by the Construction Manager and not expressly otherwise forming part of the Construction Manager’s services.

(vi) Charges levied by authorities having jurisdiction at the Place of the Work when not caused by negligent acts or omissions of the Construction Manager.

(vii) Payment of royalties and patent licence fees, and damages for infringement of patents and the costs of defending infringement law suits, except those for which the Construction Manager is required to indemnify the Owner pursuant to GC 13 PATENT FEES.

(viii) Payment of taxes and duties related to the services or the Work for which the Construction Manager is liable, excluding GST and income taxes, when not included elsewhere.

(ix) Premiums for all bonds and insurance which the Construction Manager is expressly required in writing by the Owner to purchase and maintain.

(x) Costs incurred due to emergencies affecting the safety of persons or property when not caused by the acts or omissions of the Construction Manager.

(xi) Costs of auditing when requested by the Owner.

(xii) Travel outside the Lower Mainland, provided that such travel must be mutually agreed to in writing, in advance of such travel occurring.

The Owner will not reimburse the Construction Manager for any expenses that are not set out above unless otherwise agreed to in writing by the Owner prior to the incurring of any such expense.”

GENERAL CONDITIONS 3. In line 1 of GC 2.1, after the words “perform the following services” insert “in accordance with the

Contract Documents”. 4. Add the following after GC 2.1:

“Without limitation, the Construction Manager’s scope of services includes the following: (c) providing the Owner with construction and contract advice with respect to all phases of

the Project; (d) acting as the Owner's representative throughout the Project in dealing with consultants

and Trade Contractors, reporting to the Owner’s designated representative; and (e) generally coordinating the activities of the Consultant and assisting the Consultant as

reasonably necessary for the cost-effective and timely completion of the Project, without assuming any of the Consultant’s design responsibilities.

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(f) comply with City Policies and Procedures.

The Construction Manager acknowledges that operations at the Town Centre Fire Station, including emergency operations and communications, will continue to operate at full capacity during all phases of the Project and must not be disrupted. The Construction Manager will, during all phases of the Project, take all necessary steps and precautions to avoid disrupting services at the station and will provide a safe, secure environment for all staff of the Owner and the general public during all construction activity.”

PRE-CONSTRUCTION PHASE 5. Add the following at the beginning of GC 2.2.1:

“Participate in user group meetings, as needed, to confirm elements of the program and planning as required by the Owner.”

6. In line 1 of GC 2.2.3, following the word “Prepare” insert “, in consultation with the Owner’s

quantity surveyors,”. 7. In line 1 of GC 2.2.3.1, delete “Prepare an estimate” and substitute “Prepare detailed cost

estimates for the Project”. 8. In GC 2.2.4.1, after the words “such factors as” insert “avoiding disruption of operations at the

fire station,”. 9. In GC 2.2.5, after the words “safety measures” insert “(including first aid attendant)”. CONSTRUCTION PHASE 10. Add GC 2.3.2.2:

“Coordinate use of the site with Owner to avoid any disruption of existing fire station operations.” 11. In GC 2.3.3, before the sentence that begins with “Identify variances…” insert the following

sentence: “Track and account for all charges and fees from all consultants, contractors, equipment suppliers and service providers as well as all related soft costs and internal project costs. City will provide such information to the Construction Manager that is solely within the City’s control.”

12. Delete GC 2.3.7.1 and substitute the following:

“Co-ordinate site safety as required by GC 18 (Prime Contractor).”

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13. Delete the first sentence of GC 2.3.10 and substitute the following:

“Throughout the Project, prepare and deliver a monthly report to the Owner reporting on all aspects of the Project including:

(a) the approved schedule (with anticipated and actual variations, together with

reasons); (b) budgets, together with identified or anticipated overruns or underruns, with

reasons; and (c) the percent complete of each of the major elements of the Work.”

POST CONSTRUCTION PHASE 14. In line 1 of GC 2.4.1 after “staff” insert “, and arrange for commissioning and operating

instructions training for such staff”. 15. Add the following to GC 2.4.2:

“Ensure that all warranties, operation and maintenance manuals, and all as-built and Project records are assembled and turned over to Owner.”

ADDITIONAL SERVICES 16. In the first paragraph of GC 2.5, delete “and the amount and manner in which the Construction

Manager will be compensated for additional services.” Add the following to the end of GC 2.5: “Unless agreed otherwise, the Owner will compensate the Construction Manager for additional services at the rates set out below:

Position Name Hourly Rate

17. Delete Articles 2.5.1 to 2.5.6 and substitute the following:

“2.5.1 Any services which would not reasonably be expected to fall within the scope of the services to be provided by the Construction Manager as described in the Contract Documents.”

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TRADE CONTRACTORS 18. In line 2 of GC 3.2, delete the words “Construction Manager” and substitute “Owner, in

consultation with the Construction Manager.”. OWNER’S RESPONSIBILITY 19. At the end of GC 4.2 insert “relating to this Contract”. 20. Delete the last sentence of GC 4.3. 21. Delete the last sentence of GC 4.4. DELAYS 22. Delete GC 5.1 and substitute the following:

“5.1 The Construction Manager will coordinate the Work of the Trade Contractors in compliance with the schedule approved by the Owner so as to minimize any delays to the Work or the completion of the Project, having regard for the terms and conditions of the trade contracts.

If the Construction Manager is delayed by an act or omission of the Owner, then the Contract Time will be extended by a reasonable period of time and the Contract Fee will be adjusted by a reasonable amount.”

TERMINATION OR SUSPENSION BY OWNER 23. Delete GC 7.1 in its entirety and substitute the following:

7.1 The Owner may suspend or terminate this Contract at any time and for any reason upon

written notice to the Construction Manager. If the Owner terminates the Contract under this GC 7.1, then the Owner will pay the Construction Manager all costs and fees for services performed to the date of termination plus reasonable wind-down costs actually incurred by the Construction Manager, but in no event will the Owner be liable to pay any amount on account of lost profits or other indirect costs.”

TERMINATION BY CONSTRUCTION MANAGER 24. Delete GC 8.3 and 8.4(b) in their entirety. APPLICATIONS FOR PAYMENT 25. In GC 10.3, delete the words “fifteen (15)” and substitute “thirty (30)”.

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DISPUTES 26. Delete GC 11 in its entirety and substitute the following:

“11.1 The parties will, both during and after the performance of their responsibilities under the Contract, make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid, and timely disclosure of all relevant facts, information and documents to facilitate those negotiations.

11.2 The parties agree to attempt to resolve all disputes arising out of or in connection with

any Contract, or in respect of any legal relationship associated with it or from it by mediated negotiation with the assistance of a neutral person appointed by the British Columbia International Commercial Arbitration Centre administered under its Commercial Mediation Rules.

11.3 If the dispute cannot be settled within 30 calendar days after the mediator has been

appointed, or such other period agreed to in writing by the parties, the dispute will be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its rules. The place of arbitration shall be Vancouver, British Columbia, Canada.”

WAIVER 27. Delete GC 14.1 in its entirety. Indemnification 28. Delete GC 15.1 in its entirety. 29. In GC 15.2(b), delete the words “the Consultant or”. 30. Delete GC 15.2(c) in its entirety. 31. Delete GC 16 in its entirety and substitute the following:

“GC 16 INDEMNIFICATION BY CONSTRUCTION MANAGER

16.1 The Construction Manager will indemnify and save harmless the Owner and all of its officials, officers, employees, servants, representatives and agents (collectively the “Indemnitees”), from and against all claims, demands, causes of action, suits, losses, damages and costs, liabilities, expenses and judgments (including all actual legal costs) which any of the Indemnitees incur, suffer or are put to arising out of or in connection with any failure, breach or non-performance by the Construction Manager of any obligation of this Contract, or any wrongful or negligent act of the Construction Manager or any employee or agent of the Construction Manager.”

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32. Delete GC 17 in its entirety and substitute the following:

“GC 17 INSURANCE

17.1 The Construction Manager will, without limiting its obligations or liabilities under this Contract and at its own expense, provide and maintain throughout the term of the Contract, the following insurance with insurers licensed in British Columbia in forms acceptable to the Owner:

(a) Automobile Liability Insurance with a liability limit of two million dollars ($2,000,000);

(b) Commercial Comprehensive General Liability Insurance protecting the Owner, for

an amount of five million dollars ($5,000,000), naming the Owner as additional insured; and

17.2 The Owner will provide Builders Risk and Wrap-up Liability Insurance for the Project. 33. Add the following GC 18:

“GC 18 PRIME CONTRACTOR

18.1 The Construction Manager will be, and assume the responsibilities of, the "prime contractor" in connection with the Work for the purposes of the Workers Compensation Act, and as such the Construction Manager acknowledges its responsibilities for coordinating safety for the Place of the Work, including its own workers as well as those of Trade Contractors and all other parties performing work on or entering on the Place of the Work. The Construction Manager will initiate, maintain and supervise all safety precautions and programs in connection with the Work and will ensure that all Trade Contractors or other persons performing Work on the Project have received adequate and appropriate health and safety training. The Construction Manager will inform the Owner of any violations of its safety program, and the Owner may at any time require the Construction Manager to provide evidence of compliance with all health and safety requirements.

18.2 Prior to commencing any services under this Contract, the Construction Manager will provide the Owner with evidence of the Construction Manager’s Worker’s Compensation Board registration number, coverage, and a letter of good standing issued by the Worker’s Compensation Board with respect to the Construction Manager.”

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34. Add the following GC19:

“GC 19 ADVERTISEMENT

19.1 The Construction Manager will not advertise its relationship with the Owner or disclose any contents of this Contract in any advertising or publication without the prior written consent of the Owner.”

35. Add the following GC 20:

“GC 20 CONFLICT OF INTEREST

20.1 The Construction Manager represents that it:

(a) has no interest, directly or indirectly, that would be or be seen to be a conflict of interest in the carrying out of the services under this Contract; and

(b) does not belong to and will not join any organization or bargaining group that would

limit the Construction Manager’s ability to negotiate or work with Trade Contractors or suppliers that the Owner may wish to hire for the project.”

36. Add the following GC 21:

“GC 21 INDEPENDENT CONTRACTOR

21.1 At no time will the Construction Manager or its employees be considered employees of the Owner. The Construction Manager will be solely responsible during the performance of the Work for all matters relating to the deduction of taxes, employment insurance, Canada Pension and all licenses and permits which may be required to perform the services under this Contract.”