Request for Proposal # Construction Management Services

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Request for Proposal # 4545

Construction Management Services

Building Envelope Replacement Dunsmuir Hall Student Residence 3 University Crescent Nanaimo, BC

For

Issue date: 02 February 2007

Closing Location: Malaspina University College Purchasing Department Building 300, Room 143 900 Fifth Street Nanaimo, BC V9R 5S5

Closing Date and Time: 2:00 PM Local Time

20 February 2007

Contact Person: Bil Derby, AT.AIBC Project Manager Tectonica Management Inc. 202 155 Skinner Street Nanaimo, BC V9R 5E8 Tel: (250) 714-0062 Fax: (250) 714-0063 Cell: (250) 714-5101

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Dunsmuir Hall Student Residence 2-Feb-07

Construction Management RFP Page 2 of 17

Executive Summary

Malaspina University College wishes to retain the services of a qualified Construction Management firm to work with the Owner, its Project Manager, Consultants and Trade Contractors on the Building Envelope Replacement proposed for Dunsmuir Hall Student Residence, 3 University Crescent, Nanaimo, BC.

The Project includes the complete removal and replacement of the building envelope system, including new exterior windows and doors, as well as an architectural form and character upgrade which includes construction of new roof structure elements. Miscellaneous interior reconstruction normally associated with building envelope replacement is anticipated but no major interior works are proposed these having been completed in 2006.

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1. Administrative Requirements

The following terms will apply to this Request for Proposal and to any subsequent Contract. Submission of a proposal in response to this Request for Proposal indicates acceptance of all the following terms.

Request for Proposal Terminology

Throughout this Request for Proposal, terminology is used as follows:

Contract means the written agreement, in the form of the CCA 5 , resulting from this Request for Proposal executed by the Owner and the Construction Manager;

CCA 5 means the Canadian Construction Association s Canadian Standard Construction Management Contract Form Between Owner and Construction Manager, current edition;

Construction Manager means the successful Proponent to this Request for Proposal who enters into a written Contract with the Owner;

must , or mandatory means a requirement that must be met in order for a proposal to receive consideration;

Owner means Malaspina University College and its wholly owned subsidiary Western Student Housing Ltd., its authorized representative for the Project being the Project Manager ;

Project Manager means Tectonica Management I nc., and its authorized representatives;

Proponent means an individual or a company that submits, or intends to submit, a proposal in response to this Request for Proposal ;

should or desirable means a requirement having a significant degree of importance to the objectives of the Request for Proposal.

Request for Proposal Process 1. Confirmation of Intent to Bid

Proponents are requested to fill out and return the attached Confirmation of Intent to Bid form. All

subsequent information regarding this Request for Proposal, including changes made to this document will be directed only to those Proponents who have completed and returned the form. Subsequent information will be distributed to registered Proponents by the method authorized on the Confirmation of Intent to Bid form. Failure to submit the Confirmation of Intent to Bid form may result in disqualification of any proposal received.

2. Enquiries

All enquiries related to this Request for Proposal are to be directed, in writing, to the following person. Mr. Bil Derby, AT.AIBC

Project Manager

Tectonica Management Inc. 202 155 Skinner Street Nanaimo, BC V9R 5E8 Tel: (250) 714-0062 Fax: (250) 714-0063 Cell: (250) 714-5101

Enquiries will be recorded and written responses will be distributed to all Proponents. Only written responses will be issued. Verbal or written information obtained from any other source will not be considered official and must not be relied upon.

Addendum, if issued, will be posted to BC Bid Online and the Malaspina University College Purchasing Website (http://www.mala.ca/purchasing/tenders.asp). Registered Proponents will be advised directly.

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3. Proposal Submission Requirements

The Owner is employing a two envelope proposal system. Accordingly, proposals must be submitted in 2 separate sealed envelopes as follows:

Envelope One: Clearly marked as and containing Services and Qualifications ; and, Envelope Two: Clearly marked as and containing Total Fees Schedule .

Envelopes marked Total Fees Schedule will only be opened for Proponents who, in the sole discretion of the Owner, are well qualified to provide the services covered by this Request For Proposals.

Submit four (4) sealed copies and one (1) e-copy (on CD or 3.5" floppy disk, PDF format) of your completed proposal.

Note: DO NOT include the fee portion of your proposal with the e- copy on CD/Disk. Submit fees in hard copy only as noted above.

Facsimile or email submissions will not be accepted or considered and will be discarded without review. Proposals and their envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposal number, and the Request for Proposal title.

4. Closing Date

Proposals must be received NO LATER THAN 2:00 pm, Local Time, on the closing date shown on the front page of this Request for Proposal.

The closing location is:

Malaspina University College Purchasing Department

Building 300, Room 143 900 Fifth Street

Nanaimo, BC V9R 5S5 Proposals will be opened in private. 5. Late Proposals

Late proposals will not be accepted and will be returned to the Proponent unopened. 6. Eligibility

Proposals will not be evaluated if the Proponent s current or past corporate or other interests may, in the Owner s opinion, give rise to a conflict of interest in connection with this project.

Proposals will not be evaluated if the Proponent is currently, or has within the past five years, been involved in mediation, arbitration, alternate dispute resolution or litigation with the Owner.

7. Evaluation Committee

Evaluation of proposals will be by a committee including representatives of the Owner and their Project Manager.

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8. Evaluation and Selection

Proposals will be evaluated as follows:

The evaluation committee will check proposals against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration.

Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria.

The highest ranked Proponents may be invited to be interviewed by the evaluation committee. At the interview, standardized questions will be posed and subsequently scored. There may also be a period of unformatted discussion at the discretion of the Evaluation Committee.

Proponents will again be ranked and the Owner may contact the first and second ranked Proponent s references from the project list provided with the Proposal.

Should the results of the reference check prove unsatisfactory to the evaluation committee, at the committee s sole discretion, the Proponent will be removed from the short list and references will be checked for the next-ranked Proponent. This process will continue until not less than two and not more than three Preferred Proponents have been identified.

Once the Preferred Proponents have been identified the Fee Envelopes will be opened and scored. This fee score will be added to the Proponents overall score and the ranking of the Proponents adjusted.

The Owner s intent is to enter into a Contract with the Proponent who has the highest overall ranking. The Project will not be split.

9. Time Available for Negotiation of Contract

By submitting a Proposal each Proponent agrees to honour their respective Proposal for a period of sixty days.

If a written Contract cannot be negotiated within thirty days of notification of the successful Proponent, the Owner may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents.

10. Communication

At the conclusion of the Request for Proposal process, all Proponents will be notified. 11. Project Time-Frames

The following timetable outlines the anticipated schedule for the Request for Proposal and contract process. The timing may vary and shall ultimately be determined by the Owner. The Owner will not be responsible for any costs incurred by the Contractor related to changes in the estimated time-frames.

Event Anticipated Date

Issue Request For Proposals 5 February 2007 Request for Proposal closes 20 February 2007 Proposal evaluation completed 23 February 2007

CM Contract Award 26 February 2007

Earliest Site Mobilization 17 April 2007 Earliest Construction Start 1 May 2007 Substantial Performance of the Work 17 August 2007 Total Performance of the Work 31 August 2007

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Building Occupancy 4 September 2007

Proposal Preparation 12. Signed Proposals

The proposal must be signed by a person authorized to sign on behalf of the Proponent and who can bind the Proponent to statements made in response to this Request for Proposal. By submission of a proposal, the Bidder agrees that, should its proposal be successful, the Bidder will enter into a Contract with the Owner. The Proponent should ensure its proposal includes a letter or statement(s) substantially similar in content to the sample Proposal Covering Letter provided in Appendix A.

13. Irrevocability of Proposals

By submission of a clear and detailed written notice, the Proponent may amend or withdraw its proposal prior to the closing date and time. Upon closing time, all proposals become irrevocable. By submission of a proposal, the Proponent agrees that should its proposal be successful the Proponent will enter into a Contract with the Owner.

14. Changes to Proposal Wording

The Proponent will not change the wording of its proposal after closing and no words or comments will be added to the proposal unless requested by the Owner for purposes of clarification.

15. Proponents Expenses

Proponents are solely responsible for their own expenses in preparing a proposal and for subsequent

negotiations with the Owner, if any. If the Owner elects to reject all proposals, the Owner will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 16. Limitation of Damages

Further to the preceding paragraph, the Proponent, by submitting a proposal, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its proposal and the Proponent, by submitting a proposal, waives any claim for loss of profits if no agreement is made with the Proponent.

17. Completeness of Proposal

By submission of a proposal the Proponent warrants that, all components required to undertake the work have been identified in the proposal or will be provided by the successful Proponent at no charge. Additional Terms

18. Acceptance of Proposals

This Request for Proposal should not be construed as an agreement to purchase goods or services. The Owner is not bound to enter into a Contract with the Proponent who submits the lowest priced proposal or with any Proponent. Proposals will be assessed in light of the evaluation criteria. The Owner will be under no obligation to receive further information, whether written or oral, from any Proponent.

Neither acceptance of a proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any federal, provincial, regional Owner or municipal statute, regulation or by-law.

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19. Definition of Contract

Notice in writing to a Proponent that it has been identified as the successful Proponent and the subsequent full execution of a written Contract will constitute a Contract for the goods or services, and no Proponent will acquire any legal or equitable rights or privileges relative to the goods or services until the occurrence of both such events.

20. Form of Contract

By submission of a proposal, the Proponent agrees that should it be identified as the successful Proponent it is willing to enter into an agreement with the Owner in accordance with the terms of the Canadian

Construction Association CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager, this Request for Proposals, the successful Proposal and any mutually agreed-to addenda.

Refer to Appendix C of this RFP which includes Supplementary Conditions to the Canadian Construction Association CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager which replace noted sections in the Contract.

21. Liability for Errors

While the Owner has used considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Owner, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal.

22. Modification of Terms

The Owner reserves the right to modify the terms of this Request for Proposal at any time in it sole discretion. This includes the right to cancel this Request for Proposal at any time prior to entering into a Contract with the successful Proponent.

23. Ownership of Proposals

All documents, including proposals, submitted to the Owner become the property of the Owner. They will be received and held in confidence by the Owner, subject to the provisions of the Freedom of Information and Protection of Privacy Act.

24. Confidentiality and Use of information

This document, or any portion thereof, may not be used for any purpose other than the submission of proposals. Information pertaining to the Owner obtained by the Proponent as a result of participation in this project is confidential and must not be disclosed without written authorization from the Owner.

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2. Project Requirements

Project Overview 25. Introduction

Western Student Housing Ltd. wishes to retain the services of a qualified Construction Management firm to work with the Owner, its Project Manager, Prime Consultants and contractors on the Building Envelope Replacement proposed for Dunsmuir Hall Student Residence, 3 University Crescent, Nanaimo, BC

The project includes the complete removal and replacement of the building envelope system, including new exterior windows and doors, as well as an architectural form and character upgrade which includes

construction of new roof structure elements. Miscellaneous interior reconstruction normally associated with building envelope replacement is anticipated but no major interior works are proposed these having been completed in 2006.

By submitting a Proposal each Proponent acknowledges the mandatory requirement that the construction of the Project be Substantially Complete no later than 17 August 2007 and Totally Performed no later than 31 August 2007. These requirements reflect the need for the building to be ready for occupancy by new and returning student tenants on 04 September 2007. Access to the building for trade mobilization will commence no earlier than 17 April 2007 and access to the building for commencement of demolition and construction will commence no earlier than 01 May 2007.

By submitting a Proposal each Proponent acknowledges that the Owner is a publicly funded body that is subject to stringent Tendering rules which may limit how much of the Work can be completed by the

Construction Managers Own Forces without the benefit of a Tendering process. Furthermore, the Owner does not guarantee or warrant, in any way, that any portion of the Work may be eligible for completion by the Construction Managers Own Forces without the benefit of a Tendering process.

Proponents should be aware that continuation of the contract pertinent to each project will be subject to that project receiving the appropriate Owner approvals. Should work commence, and the projects subsequently not receive approval to proceed, the successful Proponent will receive payment for work performed for and approved by the Owner prior to notification to stop work. The Owner s commitment to the successful Proponent will end at that time

26. Present Status

The Owner has retained the services of Tectonica Management Inc. as their Project Manager. An initial feasibility study, including preliminary project budgeting, has been completed by the Project Manager. The Owner has retained the firm of Chow Fleischauer Low Architects Inc. to prepare the schematic building design.

The Owner has retained Read Jones Christofferson (Nanaimo) to complete the building envelope detailed design, construction documentation and specifications necessary to adequately describe the Work and to permit Trade Tendering processes.

Other consulting engineers (structural, mechanical, and electrical) will be retained directly by the Owner, following a selection process administered by the Project Manager

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Requirements and Project Scope 27. Project Scope

The successful Proponent will be required to undertake the construction management services on the project in accordance with the Services outlined in GC 2 of the CCA 5 including the following specific services: a. Develop and maintain a working relationship with the Project Manager and provide on-going effective

communication;

b. Advise the Owner on the work plan to determine the required dates of relocation within the building of any of the buildings tenants who may remain in the building during the course of construction;

c. On behalf of the Owner, and with the assistance of the Project Manager, develop and implement Trade Tendering Documents and Trade Tendering procedures suitable for Trade selection and retention in accordance with the Owners tendering requirements as a publicly funded body;

d. Work with the Project Manager in implementing the Project Managers Contract Administration system with respect to each individual Trade Contractors CCA 17 Contract with the Owner;

e. Work proactively in all phases of the Project to control costs and suggest alternative solutions in areas where costs are escalating;

f. Provide a Site Superintendent who is dedicated solely to the project, who is on-site 95% of the time for the duration of the project;

g. Develop and maintain scheduling and phasing for on-site work;

h. Work cooperatively with any on-site contractors or other agencies (including the Owner Maintenance Department) retained by the Owner;

i. Facilitate communication between the Trade Contractors and the Owner; j. Provide marked up As Built drawings on white prints provided by the Owner;

k. Review prior to and coordinate the submission of all Trade Contractor invoices to the Project Manager; l. Provide weekly schedule, progress and budget reports to Project Manager and the Owner; and m. Maintain complete records.

28. Construction Budget

The total estimated cost of construction (excluding design fees, project management fees, construction management fees and contingency) is $855,000.00 in December 2006 dollars.

29. Insurance

Refer to Supplementary Conditions is Appendix C for Insurance requirements. 30. Indemnity

Refer to the Canadian Construction Association s CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager and to the Supplementary Conditions to the CCA-5 contained in Appendix C of this RFP for additional Indemnity requirements.

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3. Evaluation Criteria

31. Mandatory Criteria

The following are mandatory requirements. Proposals not clearly demonstrating that they meet them will receive no further consideration during the evaluation process.

Criteria

The proposal must be received at the closing location by the specified closing date and time. The proposal must be signed by a person authorized to sign on behalf of the Proponent.

Proposal must utilize the two envelope system indicated and the Fee Proposal must not be included on the digital copy of the Proposal.

Pricing must be firm and all-inclusive.

32. Desirable Criteria

Proposals meeting the mandatory requirements will be further assessed against the following desirable criteria.

Weighting Criteria

15 Recognition of the Firm s history of successful project completion and general reputation in the industry as PM including experience on public facility tendering, contracting and administration 8 Nominated staff experience (technical and other) on building envelope replacements

and projects of a similar nature

12 Methodology and experience regarding cost and schedule control 2 Firms litigation and claim history

8 Commitment of key team members to the project for the term of the project including consideration of current workload

6 Quality and completeness of proposal submission

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

60 Subtotal

10 Fees and Charges

70 Total

33. Proponent s Written Response

In order to receive full consideration during evaluation, proposals should include the following: 34. To Meet Mandatory Criteria

a. Make sure proposal is received at the closing location by the specified closing date and time.

b. Make sure your proposal includes a signed letter or statement(s) substantially similar in content to the sample Proposal Covering Letter (Appendix A).

c. Quote a firm, all-inclusive lot price for the work. Include all applicable taxes except gst. Do not make bid price conditional. Do not submit bid pricing stated as a percentage of construction cost.

35. To Meet Desirable Criteria

a. Proponent Background and Related Experience b. (Address Each of the Following Items Separately)

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c. Provide a brief introduction to your firm and identify how long you have been in the business of construction management.

d. Describe the process(es) you employ to manage construction costs during construction. e. Provide evidence of a strong track record of completing projects on time and on budget.

f. Describe your familiarity with the local construction community and local market conditions and trends. g. Include résumés of proposed project team member(s) and describe their roles. Include both site and

administration personnel.

h. Describe all relevant experience with building envelope replacement or upgrading projects on occupied buildings.

i. Provide a list of building envelope replacement or upgrade projects completed within the past two years where your firm has provided Construction Management services including a brief description of the scope of work and the project size. Provide a contact name and telephone number for each project listed. The Owner reserves the right to obtain a reference from any of the contacts identified.

j. Identify those portions of the Work that you may propose to be completed by your Own Forces, subject at all time to approval by the Owner. Keep in mind that the Owner is a publicly funded body that is subject to stringent Tendering rules which may limit how much of the Work can be completed by the Construction Managers Own Forces without the benefit of a Tendering process.

k. Quote firm hourly billing rates, or firm rate ranges, for foremen, carpenters, first aid attendants and labourers identified above, who may be employed in completing own forces work and whose labour would be considered under reimbursable expenses in accordance with the Contract.

l. Quote a firm hourly rate for any work that is done by the Construction Manager prior to the project receiving approval. If the project is not approved, work will cease and any work done by the project/construction manager prior to that point will be paid at the hourly rate. In the event that the project is merely delayed, work will cease, the project/construction manager will be paid at the hourly rate, and if work recommences later, the amount paid will be deducted from the lump sum.

m. List those reimbursable expenses not covered elsewhere including any administrative fees that would apply.

n. If the project does not receive approval by the latest date anticipated, indicate how long you are willing honour the quoted rates.

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Dunsmuir Hall Student Residence Appendix A

Construction Management RFP 2-Feb-07

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Appendix A: Fee Proposal Letter to be included in Fee Envelope Only NOTE TO BIDDER:

Refer to supplemental conditions for requirements to identify reimbursable expenses as appendix to fee proposal letter.

Letterhead or Proponent s name and address

Malaspina University College Date

900 Fifth Street

Nanaimo, BC V9R 5S5

Subject: Construction Management Services

Dunsmuir Hall Student Residence Building Envelope Replacement Request for Proposal RFP # 4545

Addendum Nos. and dates:

The enclosed proposal is submitted in response to the above-referenced Request for Proposal. Through submission of this proposal we agree to all of the terms and conditions of the Request for Proposal.

We have carefully read and examined the Request for Proposal and accompanying documentation and have conducted such other investigations as were prudent and reasonable in preparing our proposal.

We agree to be bound by statements and representations made in this proposal. We agree that, if successful, we will enter into an agreement with the Owner in accordance with the terms and conditions of the Canadian Construction Association s CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager and supplementary information contained in the Request for Proposal including but not limited to the Substantial Performance and Total Performance dates as well as the Supplementary Conditions to the CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager contained in Appendix C.

Our firm, all-inclusive lot price, excluding applicable taxes, in Canadian funds for the work described in Section 7 as follows:

Dunsmuir Hall Building Envelope Upgrade

$ (numeric value)

Which is written as:

Dollars and Cents

Yours truly

Signature of person authorized to bind the Proponent Name:

Title:

Legal name of Proponent: Date:

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Dunsmuir Hall Student Residence Appendix B

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Appendix B: Receipt Confirmation Form

RFP #4545

Construction Management Services Building Envelope Replacement Dunsmuir Hall Student Residence Malaspina University College Nanaimo, BC

To confirm your intention to submit a Proposal in response to this Request for Proposal and to ensure that you receive any further information about this Request for Proposal you must complete and return this entire form to:

Mr. Bil Derby, AT.AIBC Tectonica Management Inc. 202 155 Skinner Street Nanaimo, BC V9R 5E8 T: (250) 714-0062 F: (250) 714-0063

Company: Street Address:

City/Province: Postal Code:

Mailing Address (if different):

Phone Number: Fax Number:

Contact Person: E-Mail:

Signature: Title:

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Dunsmuir Hall Student Residence Appendix C

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Appendix C: Supplementary Conditions to the Canadian Construction Association s CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager.

The following Supplementary Conditions wholly replace the noted sections and paragraphs of the Canadian Construction Association s CCA 5 Canadian Standard Construction Management Contract Form Between Owner and Construction Manager.

Agreement Between Owner and Construction Manager The Owner is: Malaspina University College

900 Fifth Street Nanaimo, BC V9R 5S5 Article A- 1 Services And Responsibilities

Replace A-1 (b) with the following:

(b) The Owner shall be responsible for the development of the design of the project and has retained Read Jones Christopherson Consulting Engineers hereinafter called the Consultant . The Consultant s services and responsibilities shall be as described in the Agreement between the Owner and the Consultant. Article A- 2 The Construction Management Team

Replace A-2 (a) with the following:

(a) The Construction Manager, along with the Owner and Consultant, shall form the Construction Management Team which will work from the commencement of the Pre-Construction Phase through the completion of the Post Construction Phase for a period of twenty four (24) weeks (the Contract Time ) to achieve Substantial Performance of the Project by 17 August 2007.

Article A- 4 Scope of the Project Add the following:

(a) The Project Scope is outlined in Request For Proposals #4545 issued 5 February 2007. Appendix A Reimbursable Expenses

Subsequent to Clause (a), add the following:

(a) (1) Clause (a) specifically excludes those administrative support employees normally located at the Construction Managers office or contracted for these types of service and residing elsewhere (i.e. project managers, technical staff, secretaries, clerical, accounting and controller functions, etc.) as these functions are considered to be included in the Construction Managers Contract Fee.

Subsequent to Clause (b), add the following:

(b) (1) Clause (b) specifically excludes those administrative support employees normally located at the Construction Managers office or contracted for these types of service and residing elsewhere (i.e. project managers, technical staff, secretaries, clerical, accounting and controller functions, etc.) as these functions are considered to be included in the Construction Managers Contract Fee.

(b) (2) Provide an itemized list of personnel proposed for the project who would be charged as Reimbursable Expenses (site superintendent, tradesmen, and labourers) clearly showing the all inclusive hourly rates. NOTE TO BIDDER:

Include list required by (b) (2) as an appendix to the Fee Proposal Letter, to be submitted in a separate envelope as required by this RFP and shown in Appendix A.

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Delete Clause (x) in its entirety.

GC 6 Owners Right To Perform Contract or To Terminate Contract Delete 6.2 in its entirety and replace with the following:

6.2 I f in the owner s reasonable opinion, the Construction Manger should neglect to provide the services required by the contract, the Owner may notify the Construction Manager in writing that he is in default of his contractual obligations and instruct him to correct the default with seven (7) working days immediately following the receipt of such notice.

GC 14 Waiver Delete in its entirety.

GC 15 Indemnification By The Owner Delete in its entirety.

GC 16 Indemnification By Construction Manager Delete in its entirety and replace with the following:

16.1 Indemnity Notwithstanding the provision of insurance coverage by the Owner, the Construction Manager hereby agrees to indemnify and save harmless the Owner, its successor(s), assign(s) and authorized representative(s) and each of them from and against losses, claims, damages, actions and causes of action (collectively referred to as "claims") that the Owner may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this Agreement, that arise out of errors, omissions or negligent acts of the Construction Manager or their sub consultant(s), servant(s), agent(s) or employee(s) under this agreement, excepting always that this indemnity does not apply to the extent, if any, to which the claims are caused by errors, omissions or the negligent acts of the client, its other consultant(s), assign(s) and authorized representative(s) or any other person.

GC 17 Insurance

Delete in its entirety and replace with the following: GC 17 Insurance

17.1 General Liability Insurance

.1 The Owner shall provide, maintain and pay for Commercial General Liability Insurance with a limit of Ten Million Dollars ($10,000,000.00), inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof.

.2 The insurance shall cover the Construction Manager, Owner, the Project Manager, theArchitect and Engineers, and shall also cover all Subcontractors and anyone employed directly or indirectly by the Contractor or his Subcontractors to perform a part or parts of the Work but excluding suppliers whose only function is to supply and/or transport products to the project site. The insurance does not extend to any activities, works, jobs or undertakings of the Insureds other than those directly related to the Work of this Contract.

.3 The insurance shall also include the Owner s architectural and engineering consultants and their subconsultants.

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.5 The insurance shall include coverage for: .1 Premises and Operations Liability;

.2 Products or Completed Operations Liability; .3 Blanket Contractual Liability;

.4 Cross Liability;

.5 Elevator and Hoist Liability .6 Contingent Employer s Liability; .7 Personal Injury Liability;

.8 Shoring, Blasting, Excavating, Underpinning, Demolition,

Piledriving and Caisson Work, Work Below Ground Surface, Tunneling and Grading, as applicable;

.9 Liability with respect to Non-Owned Licensed Vehicles; .10 Broad Form Property Damage;

.11 Broad Form Completed Operations .12 Employees as additional Insureds; and .13 Operation of Attached Machinery.

.6 Any deductible applicable shall not exceed Ten Thousand Dollars ($10,000.00) except with respect to hot roofing activities which will carry a deductible of Two Million Dollars ($2,000,000.00). If the project requires hot roofing work the Contractor will provide, maintain and pay for a Commercial General Liability Policy in the amount of $2,000,000.00 and will require the roofing sub-contractor to maintain a similar insurance policy. The Owner shall be added as an additional Insured. Such insurance shall include, but not be limited to:

.1 Products and Completed Operations; .2 Owner s and Contractor s Protective Liability; .3 Blanket Written Contractual Liability; .4 Contingent Employer s Liability; .5 Personal Injury;

.6 Non-Owned Automobile Liability; .7 Cross Liability;

.8 Employees as Additional Insureds; and .9 Broad Form Property Damage.

7. This insurance shall be maintained continuously from commencement of the work until the final certificate for payment is issued, plus with respect to completed operations, cover a further period of twenty-four (24) months from the date of final certificate for payment.

17.2 Property Insurance

1. The Owner shall provide, maintain and pay for Course of Construction insurance, against All Risks of physical loss or damage, and will cover all materials, property, structures and equipment purchased for, entering into, or forming part of the Work whilst located anywhere within Canada or the USA, including coastal and inland waters thereof, while in transit or storage and during

construction, erection, installation and testing until completed and handed over and accepted by the Owner. Such insurance shall not include coverage for Contractor s equipment of any description. There will be a deductible of Five Thousand Dollars ($5,000.00) for each and every occurrence except for the perils of flood which shall have a deductible of Ten Thousand Dollars ($10,000.00) and Earthquake which shall have a five percent (5%) (Subject to minimum One Hundred Thousand Dollars ($100,000.00)) deductible based upon completed values at time of loss.

2. The insurance shall include as a protected entity, each contractor, subcontractor, architect or engineer who is engaged in the Project.

3. The insurance will contain a waiver of the Protection Program s rights of subrogation against all protected entities except where a loss is deemed to have been caused by or resulting from any error in design or any other professional error or omission.

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4. The Contractor shall, at his own expense, take special precaution to prevent fires occurring in or about the Work and shall observe, and comply with, all laws and regulations in force respecting fires. 5. The Owner shall not be responsible for any injury to the Contractor s employees or for loss or

damage to the Contractors, or to the Contractor s employees , machinery, equipment, tools or supplies which may be temporarily used or stored in, on or about the premises during construction and which may, from time-to-time, or at the termination of the contract, be removed from the premises. The Contractor hereby waives all rights of recourse against the Owner or any Other Contractor with regard to damage to the Contractor s property.

17.3 Automobile Liability Insurance

The Construction Manager shall provide, maintain and pay for and require all Subcontractors to provide, maintain and pay for Automobile Liability Insurance in respect of all owned or leased vehicles, subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence.

17.4 Aircraft And/Or Watercraft Liability Insurance

The Construction Manager shall provide, maintain and pay for liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof an including Aircraft Passenger Hazard where applicable.

17.5 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until the date of final certificate for payment.

17.6 The Owner shall, upon request, provide the Construction Manager with proof of insurance for those insurances required to be provided by the Owner prior to commencement of the Work.

17.7 The Contractor and/or his Subcontractors, as may be applicable, shall be responsible for any deductible amounts under the policies of insurance except for perils of flood and earthquake.

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

17.9 The Construction Manager shall provide the Owner with proof of insurance for those insurances required to be provided by the Construction Manager prior to the commencement of the Work in the form of a completed Certificate of Insurance.

17.10 Unless specified otherwise, the duration of each coverage and insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment.