City of Coquitlam REQUEST FOR PROPOSALS RFP No CONSTRUCTION MANAGEMENT SERVICES

Transcription

1 City of Coquitlam REQUEST FOR PROPOSALS RFP No CONSTRUCTION MANAGEMENT SERVICES Proposals will be received on or before 2:00 pm local time Wednesday, March 12, 2014 (Closing date and time) Obtaining RFP Documents RFP Documents are available for downloading from the City of Coquitlam s website: Printing of RFP documents is the sole responsibility of the Proponents. Addenda Proponents are required to check the City s website for any updated information and addenda before the closing date at the City website: Proposal Submissions The City reserves the right to accept or reject any or all Proposals or accept a Proposal deemed to be in the best interest of the City. The City will not be responsible for any costs incurred by Proponents in preparing a response. D. Trudeau Purchasing Manager City of Coquitlam Issue Date: February 20, 2014 File #: /000/ Doc #: v4

2 City of Coquitlam RFP No Construction Management Services TABLE OF CONTENTS 1. DEFINITIONS Definitions REQUEST FOR PROPOSALS Introduction Purpose Scope of Services Eligibility Contract INSTRUCTIONS TO PROPONENTS RFP Schedule Closing Date and Time Instructions for Proposal Submission Enquiries Addenda Privacy Acceptance of Proposals Proponent s Expenses No Claim Non-solicitation Conflict of Interest No Assignment Valid Authority PROPOSAL CONTENTS AND EVALUATION CRITERIA Corporate Technical Contract Terms Fee Proposal EVALUATION AND SELECTION Evaluation Committee Selection Process Additional Information Interviews Negotiation of Contract and Award APPENDICES Appendix A Supplementary General Conditions to the CCDC-5A Appendix B City of Coquitlam Certificate of Insurance Appendix C Prime Contractor Designation Appendix D Project Description Covered Dry Floor Facility File #: /000/ Doc #: v4 Page 2 of 14

3 City of Coquitlam RFP No Construction Management Services 1. DEFINITIONS 1.1 Definitions In this RFP the following terms will have the meaning set out below: (a) City means the City of Coquitlam; (b) Closing Date and Time has the meaning set out in section 3.2; (c) Contract means a formal written contract between the City and a Construction Management Firm selected to undertake the Services, the preferred form of which will include the following documents: (i) the Canadian Construction Association Document No. CCDC- 5A-2010 (ii) Appendix A to this RFP attached as Supplementary General Conditions to the CCDC-5A-2010 (d) (e) (f) (g) (h) (i) (j) Construction Manager CM means the successful Proponent appointed by the City to carry out all duties, obligations, work and services described in this RFP. Consultant(s) mean those firms that the City has retained for professional technical consulting services relating to design and construction of the Project identified in this RFP. Preferred Proponent means the Proponent selected by the Evaluation Committee to enter into negotiations for a Contract; Proponent means an entity that submits a Proposal; Proposal means a Proposal submitted in response to this RFP; RFP means this Request for Proposals; and Services means the services to be provided by the Construction Manager as described in this RFP and the Contract. File #: /000/ Doc #: v4 Page 3 of 14

4 City of Coquitlam RFP No Construction Management Services 2. REQUEST FOR PROPOSALS 2.1 Introduction The City of Coquitlam ( City ) requests Proposals from professional qualified experienced firms to provide Construction Management Services as further described in this RFP for the new Covered Dry Floor Facility located adjacent to Centennial Pavilion, 630 Poirier Street, Coquitlam, BC. 2.2 Purpose The City intends to select a Construction Manager (CM) for the Covered Dry Floor Facility construction project and pre-qualify a number of CM companies for different categories of Future Projects based on community needs and budget approval. To be considered for CM services, companies should have construction management specialization in working on in one or more of the following: Category 1 - Recreational and Civic Facilities Category 2 - Parks and Public Spaces Category 3 - Facilities Infrastructural Renewals 2.3 Scope of Services It is expected that the Construction Manager (CM) would perform the work in accordance with the CCDC-5A Contract standards. The Services may include, but are not limited to: Pre-construction - review design & construction documents, develop cost estimates, provide recommendations, assemble and call for trade tendering Construction prime contractor role providing on-site safety, supervision and management of all construction and trade contractors activities Post-construction deficiencies, wrap-up, construction warranties In addition the successful Construction Manager may be required to: engage in and/or provide public consultation meetings manage project budget provide coordination of consultants and trade contractors provide coordination of permits and approvals with authorities having jurisdiction File #: /000/ Doc #: v4 Page 4 of 14

5 City of Coquitlam RFP No Construction Management Services review detailed bid documents and report on constructability options assemble bid documents, prepare cost estimates, provide recommendations, obtain construction and as built drawings and, project close-out coordinate services with the Consultants review and coordination of geotechnical or other assessments site amenities and improvements other related Construction Management Services Refer to Appendix D for a description of the Covered Dry Floor Facility Project. 2.4 Eligibility For eligibility, as a condition of award, the successful Construction Manager will be required to: Enter into a CCDC-5A 2010 contract with the City as amended by the City of Coquitlam Supplementary General Conditions provided in Appendix A; Provide Commercial General Liability (CGL) Insurance in accordance with Appendix B; Be the designated Prime Contractor in accordance with Section 118 of the Workers Compensation Act of BC and be responsible for the entire worksite in accordance with Appendix C; Have a safety program in compliance with WorkSafeBC; Obtain a City of Coquitlam Business License Use a Construction Management Software System that provides immediate project status including; commitments, risk factors, planning and scenario projections; Have the ability to provide electronic invoicing to the City for all trade services; These documents are not required as part of the RFP submission but shall be provided to the City as a condition of award. File #: /000/ Doc #: v4 Page 5 of 14

6 City of Coquitlam RFP No Construction Management Services 2.5 Contract The successful Proponent will be required to perform the services described in the Standard Agreement between an Owner and Construction Manager published by the Canadian Construction Association and referred to as CCDC-5A-2010 as amended by the Supplementary General Conditions. Refer to Appendix A of this RFP (Supplementary General Conditions to CCDC-5A-2010). File #: /000/ Doc #: v4 Page 6 of 14

7 City of Coquitlam RFP No Construction Management Services 3. INSTRUCTIONS TO PROPONENTS 3.1 RFP Schedule The following are the estimated schedule dates for the stages of this RFP: RFP Closing 2:00 pm Wednesday, March 12, 2014 Evaluation and Interviews March 13 to March 31, 2014 Selection and Award April 2014 The proposed schedule is an estimated timeline and may change at the discretion of the City. 3.2 Closing Date and Time Proposals will be received on or before 2:00 pm local time Wednesday, March 12, 2014 (Closing date and time) 3.3 Instructions for Proposal Submission Proposal submissions are to be uploaded through QFile, the City s file transfer service accessed at 1. In the Subject Field enter: RFP Number and Name 2. Add files in.pdf format and Send (ensure your web browser remains open until you receive 2 s from Qfile to confirm receipt) Proposals submitted shall be deemed to be successfully received when displayed as new in the in-box of the City address. The City will not be liable for any delay for any reason including technological delays, or issues by either party s network or program, and the City will not be liable for any damages associated with Proposals not received. The City reserves the right to accept Proposals received after the closing date and time but is under no obligation to evaluate. Proposals will not be opened in public. File #: /000/ Doc #: v4 Page 7 of 14

8 City of Coquitlam RFP No Construction Management Services Proposals may be withdrawn upon request by an authorized representative of the Proponent sent to bid@coquitlam.ca prior to time set as closing time for receiving Proposals. Proponents are required to allow ample time for completion of the Proposal submission process. Should assistance be required Ph: or Fx: Enquiries All enquiries regarding this RFP should be submitted in writing 3 business days prior to the Closing date and sent to bid@coquitlam.ca The City shall determine, at its sole discretion, whether the query requires response, and such responses will be made available to all Proponents by issue of Addenda 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 the Proponent. 3.5 Addenda If the City determines that an amendment is required to this RFP, the City will issue a written addendum that will be incorporated into and become part of the RFP. Proponents should acknowledge receipt of addenda in their Proposal. Proponents are required to check the City s website for any updated information and Addenda issued before the Closing Date at the following website address: Upon submitting a Proposal, Proponents are deemed to have received all Addenda posted on the City website and deemed to have considered the information for inclusion in the Proposal submitted. Should there be any discrepancy in the documentation provided, the City s original file copy shall prevail. File #: /000/ Doc #: v4 Page 8 of 14

9 City of Coquitlam RFP No Construction Management Services 3.6 Privacy All Proposals submitted to the City will become the property of the City and will be held in confidence unless otherwise required by law. The City is bound by the Freedom of Information and Protection of Privacy Act and Proposals are subject to the disclosure requirements of that Act. Upon submission of a Proposal, Proponents agree the City may disclose the name of your company. 3.7 Acceptance of Proposals The City reserves the right to reject any or all Proposals or to accept any Proposal received in response to this RFP, should the City judge it be in the best interests of the City to do so. The City reserves the right to waive any irregularities in any Proposal. The City is under no obligation 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 decides to terminate this RFP process, it may at any time invite further Proposals or such other submissions for the provision of the Services or enter into any discussion or negotiations with any party for the provision of the Services. The City shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed relating to an approved Proposal. 3.8 Proponent s Expenses Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFP. 3.9 No Claim 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 as a result of or related to the RFP, the preparation of a Proposal, the evaluation of Proposals, the acceptance or rejection of any compliant or noncompliant Proposal, breach of any obligations arising under the RFP, negotiations for a Contract or the cancellation, suspension or termination of the RFP, and by submitting a Proposal each Proponent will be conclusively deemed to waive and release the City and its employees, contractors, consultants and agents, from and against any and all such claims. File #: /000/ Doc #: v4 Page 9 of 14

10 City of Coquitlam RFP No Construction Management Services By submitting a Proposal, each Proponent shall be deemed to have agreed that it has no claim Non-solicitation Proponents and their agents are cautioned that solicitations of City staff or members of the City Council or any Committee or Commission formed by or associated with the City of Coquitlam during the Proposals period, or any time prior to award, may be cause for rejection of the Proposal, as this will be viewed as one Proponent seeking an unfair advantage over other Proponents Conflict of Interest Proponents shall disclose any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees No Assignment Proponents shall not assign its Proposal or any rights in respect of the same to any other party. Such an assignment or purported assignment may invalidate the Proponent s Proposal Valid Authority Proposals shall be signed by a representative of the company who can commit the firm to statements made in response to this RFP. Where a Proposal is executed by more than one person, firm or corporation, it is understood and agreed that all persons, firms or corporations executing the Proposal are jointly and severally liable under, and bound by, the Proposal and any resultant Contract arising upon acceptance of a Proposal. For the purpose of this RFP, electronic signatures will be accepted. File #: /000/ Doc #: v4 Page 10 of 14

11 City of Coquitlam RFP No Construction Management Services 4. PROPOSAL CONTENTS AND EVALUATION CRITERIA Proposals should identify which of the categories Proponents would like to be considered for: Category 1 - Recreational and Civic Facilities (Also refer to Appendix D for Covered Sport Structure Project) Category 2 - Parks and Public Spaces Category 3 - Facilities Infrastructural Renewals Proposals should include the following information. These criteria are listed in no order of precedence and will be used to compare and evaluate Proposals. 4.1 Corporate Project Experience Specialization itemized by Category examples of recent projects constructed by the team; provide construction value, timeline and budget compliance; 4.2 Technical References and contact information to confirm success and ability to meet project expectations; Project Team Describe Qualifications, experience and commitment of key team members for the term of the Project in consideration of current workload; Provide an organization chart indicating roles and responsibilities for off-site and on-site personnel assigned to the project. Work Plan and Timelines - approach and methodology of work plan and time lines; Construction Management Approach Describe fast-track and sequential tendering experience, tools that will be used to manage this Project, including but not limited to; scheduling, cost control, budget reporting, progress, quality control, contract and administration, communication with stakeholders; Quality Assurance and Customer Service describe success factors, understanding of challenges and risk factors, and ability to work within allocated budget and timelines; Value Added Services; Sustainable benefits. 4.3 Contract Terms Proponents should include in their proposal a description of proposed variations, if any, to Appendix A to this RFP ( Supplementary General Conditions ) File #: /000/ Doc #: v4 Page 11 of 14

12 City of Coquitlam RFP No Construction Management Services 4.4 Fee Proposal Fee Proposal for Covered Dry Floor Facility include total fixed fee, rates and charges. (i) Provide a total fixed fee for the Services as outlined in Appendix A, including a breakdown of the fixed fee into the following phases: Pre-Construction Phase (April May, 2014) Construction Phase (June September, 2014) Post-Construction Phase (October November, 2014 (ii) A method for adjusting the fixed fee in the estimated 8-month construction phase and scope of the services changes; (iii) Include hourly time-based rates for personnel employed by the Construction Manager on-site and off-site (for any additional services should they be required). The Construction Management fixed fee will include the following: (i) (ii) (iii) (iv) (v) (vi) all of the Construction Manager s overhead and profit; all costs associated with services performed off-site, including the cost of the Construction Manger s off-site personnel, off-site centralized purchasing and procurements systems and services; central accounting, billing, costing and general administrative services; all telephone calls, cell phones and faxes; all computer usage; all travel within the Lower Mainland; and courier charges. File #: /000/ Doc #: v4 Page 12 of 14

13 City of Coquitlam RFP No Construction Management Services 5. EVALUATION AND SELECTION 5.1 Evaluation Committee The evaluation of Proposals will be undertaken on behalf of the City by an evaluation committee appointed by the City (the Evaluation Committee ). At its discretion, the Evaluation Committee may consult with others including City staff members, third party consultants and references. 5.2 Selection Process The Evaluation Committee will review the Proposals and rank them based on the evaluation criteria outlined above. The City reserves the right to consider other criteria that may become evident during the evaluation process to obtain best value. Upon submitting a Proposal, Proponents consent to the City to check and verify the information provided. References may be contacted. Reference checks will be kept confidential and will not be reviewed or discussed with Proponents. The Evaluation Committee reserves the right to not complete a detailed evaluation of a Proposal if the Evaluation Committee concludes, having undertaken a preliminary review of the Proposal, that the Proponent or Proposal as compared to all the Proposals is not in contention to be selected. During the evaluation process, any or all of the Proponents may be invited to provide oral or written presentations, and/or participate in interviews with the City s evaluation team. The City may negotiate with one or more Proponents concurrently. Based on the evaluation results, the City will create a shortlist of a number of pre-qualified Construction Management companies that be utilized for the Covered Dry Floor Facility project and Construction Management companies for Future Projects for the next five (5) years or until such a time as the City may issue a new request. The City makes no representation of any kind as to the volume of projects. The City also reserves the right to implement a separate pre-qualification process at any time where more specialized services or projects are involved. File #: /000/ Doc #: v4 Page 13 of 14

14 City of Coquitlam RFP No Construction Management Services 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 one or more Proponents as the Evaluation Committee deems necessary. The Evaluation Committee may consider such clarifications or additional information in evaluating a Proposal. 5.4 Interviews The Evaluation Committee may invite Proponents to attend interviews with the Evaluation Committee to provide additional information and clarifications. The Evaluation Committee will be entitled to consider the information received in interviews in evaluating Proposals. 5.5 Negotiation of Contract and Award If the City selects a Preferred Proponent, then the City will enter into discussions with the Preferred Proponent to clarify any outstanding issues and attempt to finalize the terms of a Contract, including scope and fees. 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 terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. The City reserves the right, prior to contract award, to negotiate changes to the scope of the services or to the contract documents (including pricing to meet budget) with the Proponent or any one or more Proponents, proposing the best value without having any duty to advise any other Proponent or to allow them to vary their Proposal as a result of changes to the scope of the services or to the contract documents; and the City may enter into a changed or different contract with the Proponent(s) proposing the best value, without liability to Proponents who are not awarded the contract. File #: /000/ Doc #: v4 Page 14 of 14

15 City of Coquitlam RFP No Construction Management Services Appendices APPENDIX A SUPPLEMENTARY GENERAL CONDITIONS Consisting of: CONSTRUCTION DOCUMENT CCDC 5A 2010 AGREEMENT

16 City of Coquitlam RFP No APPENDIX A SUPPLEMENTARY GENERAL CONDITIONS to the CCDC-5A-2010 Construction Management Services for Covered Dry Floor Facility These Supplementary General Conditions modify and amend the CCDC 5A 2010 Construction Management Contract for Services between the Owner and the Construction Manager and form part of the Contract. In the event of any conflict between the provisions of the Contract Documents and any provisions of these Supplementary General Conditions, these Supplementary General Conditions shall govern. AGREEMENT 1. In Article A-5 Compensation For Services Delete in its entirety 2. In Article A-5 Compensation For Services: Add the following paragraph 5.6: 5.6 The compensation set out in this Article A-5 shall be the entire compensation owing to the Construction Manager for the Services and includes all costs associated with Services performed off-site, all overhead and profit and all other costs and expenses whatsoever incurred in performing the Services. 3. In Article A-6 Payments: Revise to read 1% Revise to read 2% File #: /000/ Doc #: v2 Page 1 of 13

17 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A-2010 SCHEDULE A1 TO THE AGREEMENT SERVICES AND COMPENSATION 1. PRECONSTRUCTION - Performed by the Construction Manager 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. 1.2 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 Trade Contractors. (3) Assist the Owner and the Consultant in preparing bid documents for Trade Contractors. (4) Assist the Owner in determining the contract security requirements of Trade Contractors. (5) Provide the front end specifications, including but not necessarily limited to Instructions to Bidders, Contract Scope of Work, Supplementary General Conditions to CCDC 17 Trade Contract, General Instructions and Temporary Facilities, to the Consultant for inclusion in the project specifications..2 Estimating and Cost Control: (1) Prepare a Class A Construction Cost Estimate at the end of the Construction Document Phase. (2) Prepare the cash flow forecasts for the Project. (3) 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) Prepare a 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 Make recommendations to the Owner regarding any equipment or materials which should be pre-ordered to meet the Project objective..5 Prepare general requirements..6 Collate, assemble and distribute bid documents. File #: /000/ Doc #: v2 Page 2 of 13

18 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A PRECONSTRUCTION - Performed by the Construction Manager (cont d) 1.3 Construction Procurement Phase.1 Scheduling: (1) Review and update the Project schedule with appropriate details..2 Contracting: (1) Develop methods of solicitation for Trade Contractors and the distribution of addenda. (2) Prepare the prequalification criteria for Trade Contractors 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 of each Trade Contractor..3 Solicit bids..4 Assist the Owner in the evaluation and awarding of contracts. Issue letters of intent on behalf of the Owner. Prepare CCDC 17 Trade contracts for signing, receive and review contracts and all submittals after signing by Trade Contractors, once correct, forward to the Owner for signing and return signed copies to Trade Contractors..5 Update the cash flow forecasts for the Project. File #: /000/ Doc #: v2 Page 3 of 13

19 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A CONSTRUCTION 2.1 General Services.1 Chair and minute regular Project meetings with the Owner, the Consultant and Trade Contractors..2 Organize and distribute all documents related to the performance of the contract and execution of the Work of each Trade Contractor..3 Provide administration as described in the trade contract documents including. (1) Facilitate all communications among the Owner, the Consultant, the Payment Certifier, and Trade Contractors that relate to the Project. (2) In the first instance, receive all questions in writing by the Owner or Trade Contractors for interpretations and findings relating to the performance of the Work or the interpretation of the trade contract documents except with respect to financing information required of the Owner. (3) In the first instance, give interpretations and make findings on matters in question relating to the performance of any Work or the requirements of the trade contract documents, except with respect to any and all architectural and engineering aspects of the Project or financing information required of the Owner. (4) During the progress of the Work, issue supplemental instructions to Trade Contractors with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Construction Manager and Trade Contractors. (5) Promptly investigate, make findings and inform the Owner, Trade Contractors and the Consultant concerning all concealed or unknown conditions which are discovered by the Construction Manger or of which Notice in Writing is given to the Construction Manager. (6) Make findings upon all claims for a change in any trade contract price, and provide Notice in Writing of such findings to all parties within 30 Working Days after receipt of such claim or within such other time period as may be agreed by the parties. (7) Give instructions necessary for the proper performance of Work of each Trade Contractor during any dispute so as to prevent delays pending settlement of such dispute. (8) Investigate the impact on Work of each Trade Contractor of the discovery of any fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place of the Project, and advise the Owner concerning the issuance of appropriate instructions for any change in Work as a result of such discovery. (9) Act on behalf of the Owner, Trade Contractors and the Consultant for the purpose of adjusting the amount of any loss or damage payment with insurers under property or boiler and machinery policies affecting any Work. File #: /000/ Doc #: v2 Page 4 of 13

20 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A CONSTRUCTION (cont d) 2.2 Project Control and Scheduling.1 (1) Establish and implement organization and procedures with respect to all aspects of the Project. (2) Provide to Trade Contractors the Project schedule that indicates the timing of major activities of the Project in sufficient detail for Trade Contractors to schedule their Work. (3) Provide coordination and general direction for the progress of the Project. (4) Monitor the Work of each Trade Contractor. (5) Coordinate all Trade Contractors in the performance of their respective Work, with one another and with the activities and responsibilities of the Owner and the Consultant. (6) Review the performance of Trade Contractors personnel and equipment and the availability of materials and supplies to meet the Project schedule and recommend courses of action to the Owner when requirements of a trade contract are not being met. (7) Provide regular monitoring of the schedule as construction progresses. Identify potential variances to planned completion dates. Review schedule for work not started or incomplete and recommend to the Owner and Trade Contractors adjustments in the schedule to achieve the Project In-Use Date. Provide summary reports of each monitoring and document all changes in schedule 2.3 Common Construction Facilities and Services.1 Arrange for the required Temporary Work. 2.4 Cost Control and Accounting.1 (1) Prepare and update the Construction Cost 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) Provide comprehensive written reports, submitted monthly concurrently with application for payments, detailing current activities and issues including but not necessarily limited to Tendering, Purchase Orders, Budget, Current Revisions, Anticipated Revisions, adequacy of contingency, Schedule and Payment. (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) Jointly with each Trade Contractor, prepare a schedule showing when items called for under cash allowances must be ordered to avoid delaying the progress of Work. (6) Provide recommendations to the Owner for necessary changes to maintain Project budget and Project schedule. 2.5 Changes in Work.1 (1) Develop and implement a system for processing changes in any Work. (2) Recommend appropriate changes in any Work to the Owner and the Consultant. (3) Review requests for changes in any Work and provide recommendations to the Owner and the Consultant and, if necessary, assist in negotiation. (4) Prepare and issue to Trade Contractors change orders and change directives, including written descriptions of proposed changes in Work, all of which are to be prepared in consultation with the Consultant when they are related to the specifications and drawings. File #: /000/ Doc #: v2 Page 5 of 13

21 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A CONSTRUCTION (cont d) 2.6 Payments to Trade Contractors and Suppliers.1 (1) Develop and implement a procedure for timely process of payments to Trade Contractors and Suppliers. (2) Promptly inform the Owner of the date of receipt of the Trade Contractors applications for payment. (3) Promptly forward the application for payment received from the Trade Contractors to the Consultants for their input..2 (1) Determine the amounts owing to Trade Contractors and issue certificates for payment based on the Construction Manager s observations and evaluation of Trade Contractors applications for payment. (2) Manage holdbacks to ensure compliance with the Builders Lien Act. 2.7 Field Review.1 (1) Develop, implement and maintain a system for quality assurance and quality control. (2) Reject work that in the opinion of the Construction Manager or the Consultant does not conform to the requirements of the trade contract documents and whenever it is considered necessary or advisable, require inspection or testing of work. 2.8 Health and Construction Safety.1 (1) Subject to paragraph of GC 3.1 PROVISION OF INFORMATION AND OBLIGATIONS, be responsible for establishing, initiating, maintaining, and overseeing the health and safety precautions and programs required to be put in place at the Place of the Project and review with the Owner all safety programs for adequacy. (2) Review with the Owner the Trade Contractors safety programs for compliance. 2.9 Submittals.1 (1) Establish procedures for processing submittals. (2) Coordinate all relevant information required to perform any Work. (3) Upon request by any Trade Contractor or the Consultant, jointly prepare a schedule of the dates for provision, review and return of shop drawings. (4) Forward to the Consultant for review all shop drawings that are considered to be complete. (5) Indicate in writing the Consultant s acceptance or rejection of all deviations in the shop drawings from the requirements of the trade contract documents. (6) Return all shop drawings in accordance with the agreed schedule, or in the absence of such agreed schedule, with reasonable promptness so as to cause no delay in the performance of any Work Reports and Project Site Documents.1 (1) Keep a daily log available to the Owner and the Consultant. (2) Maintain copies of all necessary documents at the Place of the Project. (3) Collate and compile record documents and operating and maintenance manuals in accordance with the Owner s requirements Start-up.1 (1) Assist the Owner in coordinating and monitoring initial start-up and testing conducted by Trade Contractors. (2) Coordinate the commissioning of utilities, systems and equipment. File #: /000/ Doc #: v2 Page 6 of 13

22 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A CONSTRUCTION (cont d) 2.12 Substantial Performance of the Work.1 (1) Subject to applicable legislation, arrange for the issuance of the necessary certificates respecting Substantial Performance of the Work of each Trade Contractor or designated portions thereof, lists of incomplete or unsatisfactory items, and schedules for their completion. (2) Distribute certificates of Substantial Performance of the Work and final certificates for payment of Work of each Trade Contractor. (3) Arrange with Trade Contractors to finish Work to be completed or corrected Project In-Use Date.1 (1) Determine, in consultation with the Owner and the Consultant, and advise Trade Contractors in writing of, the Project In-Use Date Handover.1 (1) Inform the Owner and the Consultant in writing when Work of each Trade Contractor is ready for final review prior to issuance of final certificate for payment. (2) Seek, obtain and transmit to the Owner warranties (in consultation with the Consultant, if applicable), affidavits, releases, bonds, insurances, and waivers received from Trade Contractors. (3) Turn over to the Owner all keys and maintenance stocks. (4) Arrange for the issuance of the final certificate for payment for each Trade Contractor. (5) Assist the Owner s operating staff to facilitate a smooth and proper takeover of Work of each Trade Contractor and the Project, including all necessary training and instruction of the Owner s operating staff. 3. POST-CONSTRUCTION 3.1 General Services.1 (1) Chair and minute Project meetings with the Owner, the Consultant, and Trade Contractors. (2) Prepare final Construction Cost report. 3.2 Occupancy Review.1 Assist the Owner in conducting post-construction occupancy review. 3.3 Warranties.1 Assist the Owner in administering warranties. File #: /000/ Doc #: v2 Page 7 of 13

23 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A-2010 SCHEDULE A2 REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE A1 The following reimbursable expenses would be paid if required in accordance with Article A-5, Section 5.3 of Compensation for Services: Reimbursable Expenses (A5.3) 1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50km from the Place of the Project. 2. Charges for long distance telephone and facsimile communications, courier services, and reproduction of trade contract documents incurred in relation to the performance of this Contract. 3. The cost of Project specific information technology support in accordance with the method determined by the parties. 4. 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. 5. The costs to the Construction Manager that result from any Trade Contractor s insolvency or failure to perform. 6. Charges levied by authorities having jurisdiction at the Place of the Project. 7. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefore. 8. Any adjustment in taxes and duties directly related to the Project for which the Construction Manager is liable. 9. Losses and expenses sustained by the Construction Manager for matters which are the subject of the insurance coverages obtained pursuant to GC 8.1 INSURANCE when such losses and expenses are not recoverable because the amounts are in excess of collectible amounts, within the deductible amounts or are not insurable. 10. The costs incurred due to emergencies affecting the safety of persons or property. 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 and the Services are performed in accordance with this Contract. 12. Such other costs directly incurred by the Construction Manager in the performance of this Contract as directed and pre-approved by the Owner in writing. File #: /000/ Doc #: v2 Page 8 of 13

24 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A-2010 SCHEDULE B2 REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE B1 The following reimbursable expenses would be paid if required in accordance with Article A-5, Section 5.3 of Compensation for Services: Reimbursable Expenses (A5.3) 1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50km from the Place of the Project. Charges for long distance telephone and facsimile communications, courier services, 2. reproduction of trade contract documents incurred in relation to the performance of this Contract. 3. 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. 4. The costs to the Construction Manager that result from any Trade Contractor s insolvency or failure to perform. 5. The cost of all products purchased by the Construction Manager for the Project, including cost of transportation thereof. 6. The cost of all equipment and services required for the Construction Manager's field office. 7. The amounts of all contracts between the Construction Manager and subcontractors and suppliers. 8. The cost of quality assurance such as independent inspection and testing services. 9. Any adjustment in premiums for insurance which the Construction Manager is required, by this Contract, to purchase and maintain. 10. If applicable, the cost of time-based rate for labour in the direct employ of the Construction Manager in performing the additional services described in Schedule B Charges levied by authorities having jurisdiction at the Place of the Project. 12. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefore. 13. Any adjustment in taxes and duties directly related to the Project for which the Construction Manager is liable. Losses and expenses sustained by the Construction Manager for matters which are the 14. subject of the insurance coverages obtained pursuant to GC 8.1 INSURANCE when such losses and expenses are not recoverable because the amounts are in excess of collectible amounts, are within the deductible amounts or are not insurable. 15. The costs incurred due to emergencies affecting the safety of persons or property. Legal costs, incurred by the Construction Manager in relation to the performance of the 16. Project 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. 17. Such other costs directly incurred by the Construction Manager in performing the additional services as directed and pre-approved by the Owner in writing. File #: /000/ Doc #: v2 Page 9 of 13

25 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A-2010 GENERAL CONDITIONS 1. In GC after the words B1 to the Agreement delete the period at the end of the sentence and add the following: in accordance with the Contract Documents and all applicable laws and regulations. The Construction Manager shall provide the Services with the degree of care, skill and diligence normally provided by a qualified and experienced construction manager performing services similar to the Services in British Columbia. The Construction Manager represents that it has the expertise, qualifications, resources and relevant experience to provide the Services. 2. Delete GC in its entirety and replace it with the following: The Construction Manager shall retain the personnel named in the Construction Documents in their designated roles for the duration of the assignment and not remove such listed personnel without the prior written approval of the Owner. The Construction Manager shall only retain personnel who have the qualifications, experience and capabilities to perform the Services. If the Owner reasonably objects to the performance, qualifications, experience or suitability of any of the Construction Manager s personnel then the Construction Manager shall, on written request of the Owner, replace such personnel. 3. In GC after the words Consultant s services add the following: as necessary for the Consultant to perform the Services. 4. Delete GC in its entirety and replace with the following: The Construction Manager shall prepare the CCDC 17 contracts for each trade contract with scope and terms that meet with the Owner s approval. 5. Add the following new clause to GC : (4) The Owner will ensure the Construction Manager is copied with all direct correspondence between the Owner and Trade Contractors. 6. In GC delete the last sentence and replace it with the following: The Construction Manager shall notify the Owner if the Construction Manager discovers any errors or omissions in the information provided by the Owner. The Construction Manager shall not be responsible for relying on any inaccurate information provided by the Owner unless the Construction Manager knew (or should have known given the standard of care in GC 2.1.1, as amended by the Supplementary General Conditions) that the information was inaccurate. 7. Delete GC in its entirety and replace it with the following: The Construction Manager shall be, and shall assume the responsibilities of, the prime contractor in connection with the Services for the purposes of the Workers Compensation Act (British Columbia), and as such the Construction Manager acknowledges its responsibilities for coordinating safety for the Place File #: /000/ Doc #: v2 Page 10 of 13

26 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A-2010 of the Project, 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 Project. The Construction Manager shall initiate, maintain and supervise all safety precautions and programs in connection with the Services and shall 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 shall inform the Owner of any violations of its safety program, and the Owner may at any time require the Construction Manger to provide evidence of compliance with all health and safety requirements Prior to commencing the Services, the Construction Manager shall 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. 8. In GC delete the words 20 calendar days and replace them with the words 30 calendar days. 9. Delete GC in its entirety and replace it with the following: 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 Contractor s wrongful or negligent act or omission, or which the Owner incurs on the Contractor s behalf. 10. In GC at the end of the sentence delete the period and insert the following: unless the variance is caused by the Construction Manager failing to meet the standard of care in GC 2.1.1, as modified by the Supplementary General Conditions. 11. In GC at the end of the sentence delete the period and insert the following: less a reasonable amount to compensate the Construction Manager for any damages suffered by the Owner as a result of the Construction Manager s default. 12. Delete GC in its entirety and replace it with the following: The Owner may suspend or terminate this Contract at any time and for any reason by giving Notice in Writing to that effect to the Construction Manager. If the Owner terminates the Contract, or suspends the Contract for longer than 60 consecutive calendar days, pursuant to this GC 6.1.6, then the Owner shall pay the Construction Manager within 30 calendar days of the date that an invoice is submitted for all costs and fees for Services properly performed to the date of termination or suspension, as applicable, plus reasonable wind-down costs actually incurred by the Construction Manager, but in no event shall the Owner be liable to pay any amount on account on lost profits, lost opportunities or other indirect or consequential costs or damages. 13. Delete CG and GC in their entirety. File #: /000/ Doc #: v2 Page 11 of 13

27 City of Coquitlam - Contract No Construction Management Services Appendix A - Supplementary General Conditions to CCDC-5A Delete GC in its entirety and replace it with the following: If the Owner fails to pay the Construction Manager in accordance with this Contract, then the Construction Manager may give the Owner Notice in Writing that the Owner is in default of the Owner s contractual obligations and notify the Owner to correct the default in the 15 Working Days immediately following the receipt of such Notice in Writing. 15. Delete GC in its entirety and replace it with the following: If the Construction Manager terminates this Contract as described in paragraph 6.2.2, then the Owner shall pay the Construction Manager within 30 calendar days of the date that an invoice is submitted for all Services properly performed to the effective termination date plus reasonable wind-down costs actually incurred by the Construction Manager, but in no event shall the Owner be liable to pay any amount on account on lost profits, lost opportunities or other indirect or consequential costs or damages. 16. Delete GC 9.1 in its entirety and replace it with the following: GC 9.1 INDEMNIFICATION BY CONSTRUCTION MANAGER 9.1 The Construction Manager shall indemnify and save harmless the Owner and all of its officials, officers, employees, servants, representatives and agents (collectively the Indemnified Parties ) from and against all claims, demands, causes of actions, suits, losses, damages and costs, liabilities, expenses and judgements (including all actual legal costs) which any of the Indemnified Parties 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. 17. Delete GC 9.2.3, GC 9.2.4, GC and GC in their entirety. 18. Add the following as a new Part 10: PART 10 MISCELLANEOUS GC 10.1 MISCELLANEOUS The Construction Manager acknowledges that the Owner is subject to the Freedom of Information and Protection of Privacy Act of British Columbia and agrees to any disclosure of information by the Owner required by law The Construction Manager agrees to return to the Owner all of the Owner s property at the completion of the Contact, including any and all copies or originals of reports provided by the Owner. File #: /000/ Doc #: v2 Page 12 of 13