REQUEST FOR PROPOSALS

(1)

4108417

REQUEST FOR PROPOSALS

for

Architectural and Engineering Services for the

Cambie Fire Hall and Ambulance Station Project

(2)

City of Richmond

5047P- Architectural and Engineering Services for Cambie Fire Hall and Ambulance Station Project ____________________________________________________________________________________

i

TABLE OF CONTENTS

1. INTRODUCTION ... 1

1.1 Purpose ... 1

1.2 Definitions ... 1

2. PROJECT BACKGROUND ... 2

2.1 Project Overview ... 2

2.2 Project Site ... 2

2.3 Project Budget ... 2

2.4 Construction Manager ... 3

2.5 Services to be Performed by the Architect ... 3

2.6 High Performance Building Policy ... 3

2.7 Project Timing ... 3

2.8 British Columbia Emergency Health Services Lease ... 3

3. INSTRUCTIONS TO PROPONENTS ... 4

3.1 Closing Time and Address For Proposal Delivery... 4

3.2 Number of Copies and Packaging ... 4

3.3 Late Proposals ... 4

3.4 Amendments to Proposals ... 4

3.5 Inquiries ... 4

3.6 Discrepancies or Omissions ... 5

3.7 Time for Inquiries ... 5

3.8 Addenda ... 5

3.9 Posting of Addenda ... 5

4. PROPOSAL CONTENTS ... 5

4.1 Proposal Contents ... 5

4.2 Signature ... 6

5. EVALUATION AND SELECTION ... 6

5.1 Evaluation Committee ... 6

5.2 Evaluation Criteria ... 6

5.3 Reference Checks, Clarifications, Interviews and Other ... 6

5.4 Negotiation of Contract and Award ... 7

6. GENERAL CONDITIONS ... 7

6.1 Reservation of Rights ... 7

6.2 Proponent’s Expenses ... 8

6.3 No Claims ... 8

6.4 Conflict of Interest ... 8

6.5 No Lobbying... 9

6.6 Ownership of Proposals ... 9

(3)

City of Richmond

ii 6.8 Information Disclaimer ... 9

APPENDIX A PROPOSAL CONTENTS

APPENDIX B ARTICLE 18 TO RAIC CANADIAN STANDARD FORM OF CONTRACT FOR ARCHITECTURAL SERVICES

APPENDIX C SCHEDULE A TO DOCUMENT SIX - ARCHITECT’S SERVICES AND CLIENT’S RESPONSIBILITIES

APPENDIX D SCHEDULE B TO DOCUMENT SIX - ARCHITECT’S DELIVERABLES APPENDIX E SCHEDULE C TO DOCUMENT SIX - PROJECT REQUIREMENTS APPENDIX F SCHEDULE D TO DOCUMENT SIX – BCEHS LEASE

(4)

City of Richmond

1 REQUEST FOR PROPOSALS

1. INTRODUCTION

1.1 Purpose

The City of Richmond (the “City”) is seeking to select a lead architect and consulting services team to perform architectural and professional engineering services for a new combined fire hall and ambulance station (the “Project”) to be located on 9260, 9660 and 9700 Cambie Road, Richmond, British Columbia. As described in this RFP, the services to be performed by the successful Proponent team include architectural, mechanical, structural, electrical, civil, traffic, code, LEED commissioning and landscape architectural consulting services for the Project.

1.2 Definitions

In this RFP the following terms will have the meaning set out below:

(a) “BCEHS Lease” has the meaning set out in section 2.8;

(b) “City” has the meaning set out in section 1.1;

(c) “City’s Representative” has the meaning set out in section 3.5; (d) “Closing Time” has the meaning set out in section 3.1;

(e) “Contract” means a formal written contract between the City and a Preferred Proponent to undertake the Services, the preferred form of which will include the following

documents:

(1) the Canadian Standard Form of Contract for Architectural Services Document Six (2006 edition) (available at

http://www.raic.org/practice/contract_documents/document6_e.htm);

(2) Appendix B to this RFP to be attached as Article 18 (Other Terms of Contract) to the Canadian Standard Form of Contract for Architectural Services Document Six;

(3) Appendix C to this RFP to be attached as Schedule A (Architect’s Services and Client’s Responsibilities) to the Canadian Standard Form of Contract for

Architectural Services Document Six;

(4) Appendix D to this RFP to be attached as Schedule B (Architect’s Deliverables) to the Canadian Standard Form of Contract for Architectural Services Document Six;

(5)

City of Richmond

2

4108417

(5) Appendix E to this RFP to be attached as Schedule C (Project Requirements) to the Canadian Standard Form of Contract for Architectural Services Document Six and Attachment 1 (Vehicle Inspection Guide); and

(6) Appendix F to this RFP to be attached as Schedule D (BCEHS Lease) to the

Canadian Standard Form of Contract for Architectural Services Document Six; (f) “Evaluation Committee” has the meaning set out in section 5.1;

(g) “Preferred Proponent(s)” means the Proponent selected by the Evaluation Committee

to enter into negotiations for a Contract;

(h) “Project” has the meaning set out in section 1.1;

(i) “Proponent” means an entity that submits a Proposal;

(j) “Proposal” means a proposal submitted in response to this RFP;

(k) “RFP” means this Request for Proposals; and

(l) “Services” means the services required to be provided by the architect as described in the Contract.

2. PROJECT BACKGROUND

2.1 Project Overview

The Project will be designed so that the fire hall and the ambulance station are included in a single building (with a useable area of approximately 23,000 to 26,000 square feet), but with separation within the building as appropriate for the two users. The Project will include a variety of shared areas including the main entrance and meeting rooms. The ambulance station will have its own kitchen and office space. The ambulance station will be designed with flexibility so that it is capable of being converted to fire hall use in the future, if required.

Refer to Appendix E [Project Requirements] for more information about Project requirements.

2.2 Project Site

The Project is to be located on three City-owned sites at 9620, 9660 and 9700 Cambie Road.

2.3 Project Budget

The total building construction budget is approximately $9 million and does not include site acquisition, development cost charges, off site services costs, site development costs, design fees, furniture, fixtures & equipment, owner’s project costs or applicable taxes.

(6)

City of Richmond

3

4108417

2.4 Construction Manager

It is anticipated that construction services will be procured by the City’s construction manager Stuart Olson Dominion Constructors, Inc.

2.5 Services to be Performed by the Architect

The successful Proponent will be required to perform the Services described in the draft Contract. Proponents should refer to Appendix C [Schedule A to Document Six – Architect’s Responsibilities and Client’s Responsibilities], Appendix D [Schedule B to Document Six – Architect’s Deliverables], and Appendix E [Project Requirements] of this RFP for a description of the services to be provided. For a list of consultants the successful Proponent will be required to coordinate, Proponents should refer to

sections 2.1 and 2.2 of Appendix B to this RFP.

2.6 High Performance Building Policy

In accordance with the City’s Sustainable High Performance Building policy, the facility will target LEED® Gold certification, with emphasis on maximizing heat recovery and optimization through energy

integration within the facility. As part of the LEED® Gold target, the project will aim to achieve 10 points from the LEED® Energy and Atmosphere Optimize Energy Performance criteria (~24% better than code), or greater if waste heat or renewable energy sources can be further optimized.

2.7 Project Timing

An estimated schedule for the Project is set out in the table below, including key dates and associated milestones. These dates are estimates and are subject to change at the sole discretion of the City.

Milestones Date

RFP Closes Jan 28/14

Contract Awarded Feb 24/14

Schematic Design Development Complete Jul 0114

Rezoning Application Sep 01/15

Rezoning Process Complete Feb 12/15

Building Approvals Apr 30/15

Working Drawings Complete

May 21/15

Construction Starts Mar 27/15

Construction Complete Oct 06/16

2.8 British Columbia Emergency Health Services Lease

The City entered into a lease agreement with British Columbia Emergency Health Services (the “BCEHS Lease”) (a copy of which is attached as Appendix F to this RFP), under which the City will lease space in

(7)

City of Richmond

4

4108417

the Project to British Columbia Emergency Health Services. Under the BCEHS Lease the City is required to design and construct the ambulance station in accordance with specified standards and to meet certain design and construction timelines. Under the Contract, the successful Proponent will be required to design the ambulance station in accordance with these standards and to use all reasonable efforts to assist the City to achieve the specified timelines. Proponents should refer to section 2 of Appendix B (Article 18 – Other Terms of Contract) and the BCEHS Lease.

3. INSTRUCTIONS TO PROPONENTS

3.1 Closing Time and Address For Proposal Delivery

Proposals will be received on or before the following date and time (the “Closing Time”): Time: 3:00 pm local time

Date: January 28, 2014

at the following address: Richmond City Hall

6911 No.3 Road

Richmond, British Columbia V6Y 2C1

(Proposals are to be delivered to the Information Counter on the Main Floor of Richmond City Hall)

3.2 Number of Copies and Packaging

Proponents should submit 2 hard copies of their Proposals plus one electronic copy (on a CD ROM or USB). Proposals should be in a sealed package, marked on the outside with the RFP title and reference number. No oral or electronically transmitted Proposals will be accepted.

3.3 Late Proposals

Proposals received after the Closing Time will not be accepted and will be returned to the sender unopened or may be included for evaluation at the City’s discretion. It is the sole responsibility of the Proponent to ensure its Proposal is received at the address indicated in section 3.1 by the Closing Time.

3.4 Amendments to Proposals

An amendment to a Proposal will be considered only if the amendment is received in writing at the location set out in section 3.1 before the Closing Time. Amendments should be signed by an authorized signatory of the Proponent.

3.5 Inquiries

All inquiries related to this RFP should be directed in writing to the person named below (the “City’s Representative”). Information obtained from any person or source other than the City’s Representative may not be relied upon.

(8)

City of Richmond

5

4108417

Sharon Bentley, Buyer II Purchasing Section City of Richmond

E-mail: [email protected]

Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City.

3.6 Discrepancies or Omissions

Proponents finding discrepancies or omissions in the draft Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City’s Representative. If the City determines that an amendment is required to this RFP, the City’s Representative will issue an addendum in accordance with section 3.8. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent.

3.7 Time for Inquiries

Proponents should direct all inquiries to the City Representative identified in section 3.5 before 3:00 pm local time on January 16, 2014. The City reserves the right not to respond to inquiries received after this time.

3.8 Addenda

If the City determines that an amendment is required to this RFP, the City’s Representative will issue a written addendum that will form part of this RFP. No amendment of any kind to the RFP is effective unless it is contained in a formal written addendum issued by the City’s Representative.

3.9 Posting of Addenda

The City will make addenda available to Proponents by posting a copy of the addenda on the following websites:

City: http://www.richmond.ca/busdev/tenders.htm

BC Bid: http://www.bcbid.gov.bc.ca/open.dll/welcome?language=En

It is the sole responsibility of Proponents to check these websites to ensure that the Proponent has received all available information, including any addenda, before submitting a Proposal.

4. PROPOSAL CONTENTS

4.1 Proposal Contents

(9)

City of Richmond

6

4108417

4.2 Signature

Proposals should be signed by a person authorized to sign on behalf of the Proponent and bind the Proponent to statements made in the Proposal.

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”). The Evaluation Committee may consult with others, including members of the City’s staff, 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 compare and evaluate all Proposals to determine the Proposal that provides the overall best value to the City, based on the following:

(a) the Proponent’s understanding of and approach to the Project and Services; (b) the qualifications, experience and reputation of the Proponent, its key personnel,

proposed sub-consultants and their personnel, including any past experience the City has with the Proponent, its proposed sub-consultants or their personnel, and including

experience with the design of comparable fire halls;

(c) the Proponent’s proposed deliverables and methodology;

(d) the Proponent’s fee proposal; and

(e) the nature and extent of the Proponent’s comments, if any, on required amendments to the draft Contract.

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.

5.3 Reference Checks, Clarifications, Interviews and Other

To assist in evaluation of the Proposals, the Evaluation Committee may, in its sole discretion (but is not required to):

(a) conduct such internal or external reference checks and background investigations as the Evaluation Committee may consider necessary, and rely on and consider any relevant information from such references and background investigations in the evaluation of Proposals;

(10)

City of Richmond

7

4108417

(b) seek clarification or additional information from any Proponent with respect to any aspect of its Proposal and consider such additional information in the evaluation of the Proposal; (c) request interviews with any, some or all of the Proponents to obtain clarification of any

Proposal and consider any information received from any interviews in the evaluation of Proposals; and/or

(d) decide not to complete a detailed evaluation of a Proposal if the Evaluation Committee concludes, having undertaken a preliminary review of the Proposal, that the Proponent is not in contention to be selected as a Preferred Proponent.

5.4 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. The City may negotiate any aspect of the Preferred Proponent’s Proposal or the draft Contract, including the scope of the Services, proposed fees, proposed subconsultants or other 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 90 days of the City commencing discussions with the Preferred Proponent (or such other reasonable time determined by the City) 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, if the City elects, commence a new procurement process or obtain the Services in some other manner.

Award of a Contract is contingent upon funds being approved and the Contract award being approved by the appropriate City authority.

6. GENERAL CONDITIONS

6.1 Reservation of Rights

This RFP is not a call for tenders or an agreement to purchase goods or services. The City is not obligated to select a Proponent or to proceed to negotiations for a Contract, or to award any Contract. The City reserves the right to take any of the following actions, and will not be liable for any such actions:

(a) waive a defect or irregularity in a Proposal and accept that Proposal; (b) accept a Proposal which is not the lowest cost Proposal;

(c) amend the scope and description of the Services to be procured as described in this RFP, terms of the draft Contract or any other aspect of this RFP;

(d) assess the ability of the Proponent to perform the Contract and reject any Proposal where, in the City’s sole estimation, the personnel and/or resources of the Proponent are deemed insufficient;

(11)

City of Richmond

8

4108417

(e) cancel the RFP process and recommence in respect of the same RFP with the same or

an amended set of documents, information and requirements; (f) cancel the RFP process at any time and reject all submissions;

(g) not accept any Proposal;

(h) reject a Proposal even if it is the only Proposal received by the City;

(i) reject any and all Proposals, including without limitation the lowest priced Proposal, even if the lowest priced Proposal conforms in all aspects with the RFP;

(j) reject or accept any or all Proposals at any time prior to execution of a Contract; (k) reject Proposals which are incomplete, conditional or obscure or contain erasures or

alterations of any kind,

(l) negotiate any aspect of a Preferred Proponent’s Proposal or the draft Contract; (m) object to a subconsultant proposed by the Proponent and permit the Proponent to

propose a substitute subconsultant acceptable to the City; and

(n) extend, from time to time, any date, time period or deadline provided in this RFP by addendum.

6.2 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.

6.3 No Claims

By submitting a Proposal, each Proponent agrees that the City and its representatives, agents, consultants and advisors will not under any circumstances be liable 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, including if the City cancels this RFP, accepts any compliant or non-compliant Proposal or otherwise breaches any express or implied duty to the Proponent.

6.4 Conflict of Interest

Proponents should disclose any potential conflicts of interest and existing business relationships they may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. The City may reject a Proposal from any Proponent that the City judges would be in a conflict of interest if the Proponent is awarded a Contract. Failure to disclose, or providing false or insufficient disclosure of, the nature and extent of any relationship the Proponent may have with any employee or

(12)

City of Richmond

9

4108417

elected or appointed official of the City will be grounds for immediate termination of any Contract with the City, in the City’s sole discretion, without liability to the City.

By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent, has any undisclosed financial or personal relationship or affiliation with any elected or appointed official or employee of the City or their immediate families which might be seen by the City to create a conflict of interest.

6.5 No Lobbying

Proponents and their agents will not contact any member of the City except for the City’s Representative 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.

6.6 Ownership of Proposals

All Proposals, other than late Proposals, become the property of the City and will not be returned to the Proponent.

6.7 Confidentiality

All Proposals will be held in confidence by the City unless otherwise required by law. Proponents should be aware that the Corporation is a “public body” defined by and subject to the Freedom of Information and Protection of Privacy Act (British Columbia).

6.8 Information Disclaimer

While the City has made efforts to provide an accurate representation of information in this RFP, the information contained in this RFP is not necessarily comprehensive or exhaustive. Each Proponent will conduct its own independent investigations and interpretations and will not rely on the City with respect to information, advice, or documentation provided by the City. Nothing in this RFP is intended to relieve the Proponent from forming its own opinions and conclusions in respect of the matters addressed in the RFP.

(13)

City of Richmond

1 APPENDIX A

PROPOSAL CONTENTS

Proponents should provide the following information in their Proposals and in the order that follows: SECTION A: Cover Letter

Proponents should provide a cover letter referencing the RFP number and title. The letter should include the name(s) of the person(s) who will be authorized to make representations for the Proponent, their title(s) and telephone number(s) and email address(es). The cover letter should be signed by an authorized signatory in a position to legally bind the Proponent to statements made in response to this RFP.

SECTION B: Table of Contents

Proponents should provide a table of contents referencing the applicable section, sub-section and page numbers. Pages should be consecutively numbered.

SECTION C: Experience, Reputation, Capacity, Architectural Firm Composition and Resources Proponents should provide sufficient information that demonstrates the Proponent’s experience, reputation, capacity, and availability of resources, including the ability to meet the requirements of this RFP, qualifications and competencies, track record, references of current and former clients for the types of services described in this RFP, including the following:

Part 1: Profile, Experience and Project Team Part 1 should include the following information:

(a) name and corporate profile of the architectural firm lead;

(b) names and resumes of the architectural firm lead’s key personnel to be assigned to the Project and confirmation of their availability for the duration of the Project;

(c) a detailed listing, with descriptions, of successfully completed projects that demonstrate the proposed architectural firm’s experience with providing the types of services required by this RFP; (d) name and corporate profile of all sub-consultants who will be engaged by the Proponent to

perform one or more of the following services as required for the Project: (i) structural engineering;

(ii) mechanical engineering;

(iii) electrical engineering; (iv) civil engineering; (v) traffic consultant; (vi) code consultant;

(14)

City of Richmond

2

4108417

(viii) any other consultants who will provide specialized services that the Proponent believes will add value to the Project;

(e) for each sub-consultant: the name of the sub-consultant’s design lead; a list of key staff members with a description of their assigned roles, a brief resume identifying their relevant qualifications and experience, and confirmation of their availability for the duration of the Project.

Note: The City will not allow substitutions or changes to the Proponent’s proposed team after the Closing Time, unless approved in writing.

Part 2: Additional Information

In this section, Proponents may provide any additional comments about the Proponent’s experience, capacity and resources which they feel would be informative and beneficial to the City.

Part 3: References

Proponents should provide a list of former and current references for all customers for whom the Proponent has provided the similar services required in this RFP, with an emphasis on local municipalities, for the past five (5) years (list all). Proponents should include a brief summary of the services provided and the date of the services. Include the organization name and address, telephone number, and email address of primary contact. The City may, during the evaluation process, contact the references to confirm statements made in response to this RFP.

SECTION D: TECHNICAL INFORMATION

Proponents should provide:

(a) a short narrative (no more than two pages) that illustrates the Proponent’s understanding of the Project, the City’s requirements, Project deliverables and how these will be achieved by the Proponent’s methodology; and

(b) a Project schedule in MS Project that includes planning and construction milestones.

SECTION E: DELIVERABLES AND METHODOLOGY

Proponents should:

(a) confirm they will perform the services described in Appendix C [Schedule A to Document Six - Architect’s Services and Client Responsibilities] and Appendix D [Schedule B to Document Six - Architect’s Deliverables] and/or provide or suggested changes;

(b) respond and comment on the preliminary Project schedule included in Section 0 of this RFP; (c) suggest a detailed design process and timetable given the fixed milestone dates already

(15)

City of Richmond

3

4108417

(d) include a proposed work plan illustrating all key tasks, duration, deliverables, the expected type of input and timeframe for City user group reviews at key stages of the Project, critical presentations to the public and stakeholder group, City user group, Richmond Senior Staff, Council, and the City’s construction manager. Also indicate a preliminary schedule of the Proponent team’s anticipated critical milestones for City user group sign-off by the City. Outline the Proponent’s strategies to deliver the Project according to the critical milestone dates;

(e) provide a solid commitment to deliver the Project within the budget outlined in Section 2.3 and indicate the approach, methodology and specialized resources to ensure successful cost control performance. It is the expectation of the City that the Proponent team will commit to delivery of the project within 5% of the proposed Project budget. If cost estimates prepared by the owner at the stages specified in Appendix D. (b) exceed 5% of the approved budget at any stage of the Project, the successful Proponent team will be required to redesign the Project at the Proponent team’s sole expense; and

(f) provide any comments, thoughts and ideas regarding how this Project can be delivered ahead of time and under budget. The City is particularly interested in any comments and/or suggestions that the Proponent has to reduce the cost of the Project without significant sacrifices regarding the building program, function and long term performance.

SECTION F: FEES

Proponents should provide a fee proposal for the Services and identify any options and cost saving strategies that will benefit the City. As described in this Section, the City is seeking fixed fee proposals together with hourly rates for additional services.

The City has prepared and attached as Appendix C a draft version of Schedule A to Document Six – Architect’s Services and Client Responsibilities, in which the City has indicated which services are to be performed by the Architect, which items are to be the Client’s responsibility and which are not applicable to the Project. For the Architect’s services, the City has inserted: “F1 (Basic Services)” for services that the City wishes be included in a Proponent’s fixed fee proposal; and “F2 (Additional Services)” for services that the City wishes be paid in accordance with the successful Proponent’s hourly rates. Proponents should:

(a) propose a fixed fee and a breakdown of their proposed fixed fee by discipline and Project phase using Table 1 below (Proponents may add additional line items as may be required);

(b) include the following allowances in their proposed fixed fees:

(i) $35,000 for LEED Commissioning, energy modelling and Powersmart incentive

application;

(ii) $5,000 for the production of as-built drawings; (iii) $5,000 for security system design;

(16)

City of Richmond

4

4108417

(iv) $2,500 for access control system integration; and

(v) $10,000 for signage consulting;

(c) indicate whether disbursements are included in the fixed fee or will be charged separately as Reimbursable Expenses, and if charged separately indicate: the administrative charge to be inserted in Article A11 of Document 6; and provide an estimate of Reimbursable Expenses plus any applicable administrative charge;

(d) for any F2 services or other Additional Services that may be required under the Contract, provide a list of hourly charge out rates for all personnel using Table 2 below;

(e) set out the Proponent’s incremental insurance premium costs for providing professional liability insurance with dedicated project limits as described in Appendix B [Article 18] that are in excess of that normally carried by the Proponent’s design team, using Table 3 below; and

(f) set out the amount of any credit that the Proponent will offer to the City (if any) if the Proponent is selected as the Preferred Proponent for both this RFP and the City’s Request for Proposals for Architectural and Engineering Services for the Replacement of Brighouse Fire Hall No. 1 Project (Contract 5048P).

Proposed fees should be in Canadian dollars and should include all applicable taxes, except for GST. Table 1 – Proposed Fixed Fee. Provide a fixed fee breakdown in accordance with the following, and provide similar details for any additional consulting services that may be required:

FIXED FEE Architectural: Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Sub-total Landscape Architect: Company Name Schematic Design Design Development Construction Documents Contract Administration

(17)

City of Richmond

5047P- Architectural and Engineering Services for Cambie Fire Hall and Ambulance Station Project ____________________________________________________________________________________ 5 4108417 Post Construction Disbursements Sub-total Engineering: Structural Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Sub-total Engineering: Mechanical Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Sub-total Engineering: Electrical Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Sub-total Engineering: Civil Company Name Schematic Design Design Development Construction Documents

(18)

City of Richmond

5047P- Architectural and Engineering Services for Cambie Fire Hall and Ambulance Station Project ____________________________________________________________________________________ 6 4108417 Contract Administration Post Construction Disbursements Sub-total Engineering: Traffic Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Sub-total Code Consultant Company Name Schematic Design Design Development Construction Documents Contract Administration Post Construction Disbursements Cash Allowances

LEED Commissioning, Energy Modelling and Powersmart Incentive Application

$35,000

Production of As-built Drawings $5,000

Security System Design $5,000

Access Control System Integration $2,500

Signage Consulting $10,000

Sub-total $57,500

FIXED FEE TOTAL

(19)

City of Richmond

7

4108417

Table 2 – Proposed Hourly Rates. Provide a schedule of hourly rates for all personnel in accordance with the following:

Consultant Principal, Project Lead, Office Support etc. Hourly Rate

Architect Structural Mechanical Electrical Landscape Architect Traffic Code Others: Note:

1. Cost Consultant will be retained by the City. 2. Geo-technical Engineer will be retained by the City. Table 3 – Incremental Professional Liability Insurance Cost

Incremental Professional Liability Insurance Cost

$______________________

(check one)

___ Included in proposed fixed fee OR ___ to be Reimbursable Expense.

SECTION G: WORKSAFE, INSURANCE(S), BUSINESS LICENSE Proponents should provide:

(a) confirmation of WorkSafe BC coverage. Proponents not already having the appropriate WorkSafe BC coverage will be required to obtain the appropriate coverage prior to award of a Contract; and

(20)

City of Richmond

8

4108417

(b) confirmation that the Proponent maintains the insurance coverage described in the draft Contract (refer to Appendix B [Article18 (Other Terms of Contract)].

SECTION H: CONTRACT TERMS

Proponents should include as part of their Proposals a description of any provisions of Appendix B [Article 18 (Other Terms of Contract)] and Appendix C [Architect’s Services and Client Responsibilities] that the Proponent would require to be deleted or amended as a condition of entering into the Contract. If a Proposal is does not indicate the Proponent requires a provision of the draft Contract to be deleted or amended, then the City will be entitled to assume that the Proponent accepts that provision.

(21)

City of Richmond

1 APPENDIX B

ARTICLE 18 TO RAIC CANADIAN STANDARD FORM OF CONTRACT FOR ARCHITECTURAL SERVICES

The following paragraphs are Article A18 of the “Canadian Standard Form of Contract for Architectural Services, Document Six, 2006”, between the City of Richmond (defined as Client) and _________ (defined as Architect) in connection with the Cambie Fire Hall and Ambulance Station Project.

1. Conflicts

1.1 In the event of any conflict between any provision contained in this Article A18 of this contract and any other provision of this contract, the provisions contained in this Article A18 will prevail.

2. Requirements Related to Lease Agreement with British Columbia Emergency Health

Services

2.1 The Architect acknowledges that the Client has entered into a lease agreement with British Columbia Emergency Health Services (the “BCEHS Lease”), under which the

Client has agreed to lease space to British Columbia Emergency Health Services for an ambulance station. A copy of the BCEHS Leased is attached as Schedule D to this contract.

2.2 The Client is obligated under the BCEHS Lease to construct an ambulance station on the leased premises in accordance with the BC Ambulance Station Design Standards – 2007 and the Design Development Documents (as defined in the BCEHS Lease) agreed to with British Columbia Emergency Health Services and other requirements of the BCEHS Lease. Accordingly, the Architect will:

(a) design the ambulance station component of the Project in accordance with the BC Ambulance Station Design Standards – 2007 (a copy of which is included in the BCEHS Lease) and other applicable requirements of the BCEHS Lease; and (b) develop the Design Development Documents in consultation with, and to the

satisfaction of, both the Client and British Columbia Emergency Health Services. 2.3 The Client is required under the BCEHS Lease to construct the Project so that the Client

receives a Certificate of Occupancy (as defined in the BCEHS Lease) on or before March 1, 2017 (refer to section 2.2 of the BCEHS Lease). In addition, the BCEHS Lease contains a number of conditions precedent that must be satisfied by the dates specified in the BCEHS Lease, including related to agreement between the City and British Columbia Emergency Health Services on the Design Development Documents (as defined in the BCEHS Lease), re-zoning of the Project site, and the Client obtaining all required Project approvals (refer to Articles 13.12 to 13.15 of the BCEHS Lease). The Client will suffer

(22)

City of Richmond

2

4108417

damages if the Client does not achieve the timelines set out in the BCEHS Lease. Accordingly, the Architect will perform the services in a diligent and timely manner and will use all reasonable efforts to assist the Client to achieve the timelines set out in the BCEHS Lease.

3. Agreement

3.1 In Article 9.1, insert the following: (i) structural engineer;

(ii) mechanical engineer;

(iii) electrical engineer; (iv) civil engineer; (v) traffic consultant; (vi) code consultant; (vii) landscape architect; 3.2 In Article 9.2, insert the following:

(i) environmental consultant;

(ii) geotechnical consultant; 3.3 In Article A10, insert the following:

F1 Services

Fees for services shown in Schedule A as “F1 (Basic Services)” are included in the fixed fee set out in Schedule E [Fee Schedule]. [Note: Fee schedule to be attached from successful proponent’s proposal]

F2 Services

Fees for services shown in Schedule A as “F2 (Additional Services)” will be determined based on the hourly rates set out in Schedule E [Fee Schedule]. [Note: Fee schedule to be attached from successful proponent’s proposal]

Cash Allowances

1 The fixed fee for F1 Services includes the cash allowances set out in Schedule E [Fee Schedule].

2 The fixed fee, and not the cash allowances, includes the Architect’s overhead and profit in connection with such cash allowances.

3 Expenditures under the cash allowances will be authorized by the Client.

4 Where the actual cost of performing the services under any cash allowance exceeds the amount of the allowance, the Client will compensate the Architect for

(23)

City of Richmond

3

4108417

the excess incurred and substantiated. Where the actual cost of performing the services under any cash allowance is less than the amount of the allowance, the

Client will be credited for the unexpended portion of the cash allowance, but not for the Architect’s overhead and profit on such amount.

5 The fixed fee will be adjusted to provide for any difference between the amount

of each cash allowance and the actual cost of the services performed under that cash allowance.

6 The Architect and the Client will jointly prepare a schedule that shows when the

Architect and the Client must authorize items called for under the cash allowances to avoid delaying the progress of the design.

4. Key Personnel and Consultants

4.1 The Architect will utilize the following key personnel to perform the Architect’s services under this contract: [Note: insert list developed from Architect’s proposal]. The

Architect will not change any of the foregoing key personnel without prior written approval from the Client, which approval may be unreasonably withheld, save and except that if any of such key personnel will be unable to carry out their duties or need to be replaced or substituted as a result of death, disability or incapacity, then the Architect will be permitted to replace such key personnel with the prior written approval of the Client, such approval not to be unreasonably withheld.

5. Definitions

5.1 Construction Cost: In the second paragraph after the words “as determined by the

Architect” add the words “acting reasonably and accepted by the Client”. Add the

following to the end of the definition: “If agreement is not reached where called for above, the provisions of GC13 will apply.”

5.2 Consultant Coordination: Insert the following after the second bulleted line: “● synthesizing the work of Consultants and ensuring the Consultants’ work is

consistent with the work of the Architect and other Consultants; and”

5.3 Field Review / General Review: In line 2 of the definition of General Review/Field Review, delete the words “the Architect, in his or her professional discretion, considers”

and substitute the words “a reasonable and prudent registered architect, experienced in projects similar to the Project, would consider”.

5.4 Project: Delete the definition of Project and substitute the following:

(24)

City of Richmond

4

4108417

“Project means a new fire hall and the ambulance station (with a useable area of approximately 23,000 to 26,000 square feet), as further described in Schedule C [Project Requirements).

5.5 Reimbursable Expenses: Delete the definition of Reimbursable Expenses and substitute the following:

“Reimbursable Expenses mean actual expenditures, supported by receipts and invoices, reasonably incurred by the Architect and the Architect’s Consultants for the following items in relation to the Project:

 courier services;

 reproduction of Instruments of Service, photographs and other documents, including plotting of computer generated drawings;

 renderings, models, mock-ups, and web-based project management services

that are specifically requested by the Client;

 fees, levies, duties or fees for permits, licences or approvals from authorities having jurisdiction.

[Note: remove any items from this definition that are included in the Architect’s fixed fee]

6. Client’s Responsibilities

6.1 In GC1.1, after the words “The Architect will be entitled to rely upon such information”

add the following: “(acting reasonably)”. Add the following sentence at the end of GC1.1: “The Architect will obtain the prior approval of the Client for any and all such contracts.”

7. Architect’s Responsibilities

7.1 In line 2 of GC2.2 delete the words “at mutually convenient times” and substitute “within a reasonable time upon receipt of the request”.

7.2 Add the following as GC2.3: “Where the Architect is required under this contract to prepare and submit to the Client a Construction Cost estimate, a breakdown of line items making up estimated Construction Cost will be provided by the Architect’s quantity surveyor for detailed review and analysis by the Client.”

7.3 Add the following as GC2.4: “The Architect will provide all of the services, and perform all of the duties and meet all of the obligations as set out in this contract, and will do so generally as would a reasonable and prudent professional architect experienced in the design and construction of projects of a similar size and complexity as the Project.”

7.4 Add the following as GC2.5: “The Architect represents to the Client that it has the qualifications, experience and capabilities necessary to carry out the services to be provided by the Architect under this contract.”

(25)

City of Richmond

5

4108417

8. Construction Budget and Construction Cost

8.1 Add the following to the end of GC3.1: “Notwithstanding the preceding sentence, the

Architect will use all reasonable efforts to design the Project so that it may be constructed for a cost that is within the Project Budget. If at any stage of design the Construction Cost

estimate is more than 5% greater than the Project Budget, then the Architect will, for no additional fee, revise the design as required so that the Construction Cost estimate is within 5% of the Project Budget.”

8.2 In GC3.3, delete the words “the agreed statement of probable Construction Cost shall be adjusted” and substitute “the Client will give due consideration to adjusting the agreed statement of probable Construction Cost in order”.

8.3 In GC3.4, delete “15%” in line 1 and substitute “5%”. 8.4 In GC3.5, delete “15%” in lines 2 and 3 and substitute “5%”.

9. Certificate For Payment

9.1 Add the following as GC 4.3: “The Architect will not issue a certificate of payment if the contractor has not submitted a statutory declaration in form and content satisfactory to the Architect and workers’ compensation clearances.”

10. Copyright and Use of Documents

10.1 Delete the third sentence of GC5.1.

10.2 In line 2 of GC5.3, after the words “occupancy of the Project”, add the words “, including for any renovations, additions or alterations”.

10.3 In line 2 of GC5.3: delete the words “and for a one-time use”.

10.4 Delete the last sentence of GC5.3 and substitute the following: “The Architect’s

Instruments of Service, including any all electronic or digital files and information will not be used on any other project without a written agreement between the Client and the

Architect.”

10.5 Delete GC 5.5 and substitute the following:

“.5 Providing the Architect is paid in full for its professional services pursuant to this

Contract, the Client shall be entitled at any time, using the services of another architect, to utilize the Instruments of Service for the completion of the Project, (if this Contract is terminated prior to the completion of the Project) and for the

(26)

City of Richmond

6

4108417

purpose of renovations, alterations, modifications or additions to any aspect of the Project. In such event, the Architect shall not be entitled to any additional compensation from the Client for any such use of the Instruments of Service, and such use by the Client for the resulting renovation, alteration, modification or addition shall not constitute an infringement of any copyright or other rights the

Architect may have in the Instruments of Service or the Project. The Instruments of Service shall not be used by the Client for the construction of any other project. Without limiting the generality of the foregoing, the Architect waives any “moral rights” which it may have had in the Instruments of Service or in the

Project. The term “moral rights” has the meaning given to it in the Copyright Act

(Canada). The Client shall be entitled to keep and display any models or Architectural renderings respecting the Project prepared by the Architect for the

Project that have been commissioned by the Client.

Nothing in this section will relieve the Architect for responsibility for the professional service the Architect provides to the Client relating to completed work on the Project, including with respect to a completed portion of the Project, but any use of the Instruments of Service by the Client using the services of another architect as permitted by the above, shall be without liability to the

Architect and the Consultants.

The Client will indemnify and hold the Architect and the Consultants harmless from and against any liability, loss, damage, cost and expense (including legal fees on a solicitor and client basis) and disbursements, which the Architect and the Consultants sustain or incur arising out of or in connection with the Client’s use of the Instruments of Service through the use of another architect as described and permitted above.”

11. Project Identification

11.1 In GC6.1, add the words “upon approval of the Client” at the end of the sentence.

11.2 In GC6.2, add the words “upon approval of the Client” at the end of the first sentence.

12. Liability of the Architect

12.1 Delete GC7.1 and GC7.2 and substitute the following:

”.1 The Architect will, during the term of this contract and for such additional period as may be specified below, at its own expense maintain, and cause all

Consultants engaged by the Architect to maintain, with an insurer and in a form satisfactory to the Client, the following insurance:

.1 comprehensive general liability insurance for bodily injury (including death) and property damage in an amount of not less than two million

(27)

City of Richmond

7

4108417

dollars ($2,000,000) inclusive limit of any one occurrence and five million dollars ($5,000,000) aggregate and such policy will include:

- Cross liability clause; - Contractual liability clause;

- Non-owned automobile liability clause;

The Architect will maintain, and cause all Consultants engaged by the

Architect to maintain, such comprehensive general liability insurance at all times during the term of this contract.

The City of Richmond will be named as an additional insured on the comprehensive general liability insurance policies.

.2 professional liability insurance for damages arising out of errors or omissions, or negligent acts by or on behalf of the Architect in providing professional services under this contract, in an amount of not less than two million dollars ($2,000,000) for any one claim. The Architect will maintain (and except as may be approved otherwise by the Client, will cause all Consultants engaged by the Architect to maintain), such professional liability insurance coverage as a dedicated limit to this Project, at all times during the term of this contract and for 36 months after Substantial Performance of the Work;

.2 The Architect will indemnify and hold harmless the Client and its employees, elected officials and successors, from and against all damages, losses and judgments, including reasonable legal fees (on a solicitor and client basis) and expenses to the extent that they arise from the Architect’s and/or its employees or its Consultant’s errors, omissions, negligent acts or omissions, or breach of this contract, in the performance of the Architect’s services and for any and all patent, copyright or trademark infringement caused by the Architect, its employees or its Consultants.

.3 The Architect will ensure that all of its insurance policies provide that they cannot be cancelled or materially changed without at least 30 days’ notice to the Client. .4 Prior to the commencement of the services hereunder, the Architect will file with

the Client a copy of each insurance policy and certificate required.

.5 The Architect will provide verification of WCB coverage at the commencement of the provision of services and as requested by the Client.

.6 In the event the Client elects to obtain project wrap up insurance for the Project, including insurance for the design professionals, the Architect agrees to remit to the Client the premium amount realized from canceling the Architect and any

Consultants’ errors and omissions project insurance.

(28)

City of Richmond

8

4108417

.7 If at any time during the term of this contract or during the 36 month period after

Substantial Performance of the Work, the Architect becomes aware of a claim or potential claim against the professional liability insurance policy the Architect is required to maintain under GC 7.1.2, then the Architect will immediately advise the Client of such claim, including particulars.”

12.2 Add the following words at the end of GC7.3: “The Architect will conduct reasonable research to assess the product information or representations.”

12.3 Add the following words to the end of GC7.4.1: “but the Architect will conduct such reviews as may be required to be reasonably satisfied that the Work is being undertaken and conducted in compliance with the Construction Contract.”

12.4 Add the following words to the end of GC7.4.2: “except when such acts or omissions arise from the negligence or breach of this contract by the Architect”.

12.5 Add the following words to the end of GC7.6: “provided such person was acting within the scope of his or her duties as employee, officer or director and the act, omission or error was not wilful”.

13. Suspension and Termination

13.1 In GC8.1 delete the words “If the Client lacks the financial ability or authority to proceed,”

and substitute “For any reason at the discretion of the Client,”

13.2 Delete GC8.2 and substitute the following: “If any invoice submitted by the Architect

remains unpaid by the Client without reasonable cause for sixty days or more from the date the invoice was submitted and the Client fails to submit the invoice to a Dispute

resolution process as set out in GC13, then the Architect may give seven days written notice to the Client that the Architect will suspend services.”

13.3 In GC8.3.1 after the words “the Client has not” insert the following words: “without valid

reason”.

13.4 In GC8.3.1 after the words “paid the Architect’s invoice,” insert the words “or the invoice

has not been submitted to a dispute resolution process as set out in GC13,”. 13.5 Delete GC8.3.3 in its entirety.

13.6 Delete GC8.5 and substitute the following: “In the event of a suspension of services other than by the Client for failure by the Architect to perform its obligations under this contract, the Architect will not be liable for delay or damage as a result of the suspension of services. Upon suspension, the Architect will submit an invoice for all services performed to the effective suspension date, together with Reimbursable Expenses and

(29)

City of Richmond

9

4108417

applicable taxes then due. Before resuming services the time schedules will be adjusted by the duration of the suspension but the fees for the remaining services will remain unchanged.”

13.7 Delete GC8.6 in its entirety. 13.8 Delete GC8.7 in its entirety.

13.9 In GC8.9 delete the words “in the event that the Project is permanently abandoned” and

substitute the words “for any reason, at the discretion of the Client”.

13.10 Delete GC8.10 and insert the following:

“If the Project is suspended by the Client for more than 180 days, the Architect may terminate this contract upon 7 days written notice to the Client.”

13.11 Delete GC 8.11 and replace with the following:

“In the event of termination, the Client will pay the Architect for services performed up to the effective date of termination, Reimbursable Expenses incurred up to the date of termination plus, unless this contract is terminated by the Client for cause, all necessary and reasonable wind up costs incurred, if any, in closing out the Services or the part terminated. The Architect will not be entitled to any further fees or compensation including loss of profits, costs attributed to suspending the Architect’s contractual and employees commitments or loss of earnings or for any expenses attributable to the termination of the contract. Upon termination the Architect will submit an invoice for all services performed to the effective termination date, together with evidence of

Reimbursable Expenses and necessary and reasonable wind-up costs incurred, and applicable taxes then due. If this contract is terminated by the Client for cause, amounts owed to the Architect by the Client may be set off by the Client against amounts owed to the Client by the Architect.”

13.12 Delete GC8.12.

14. Law Governing this Agreement

14.1 Delete GC9.1 and substitute the following: “This contract will be governed by the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia.”

15. Successors and Assigns

15.1 Delete the last two sentences of GC10.1 and substitute the following: “Except as otherwise provided herein, the Architect will not assign, sublet or transfer an interest in

(30)

City of Richmond

10

4108417

this contract without the written consent of the Client, which consent may be unreasonably withheld.”

16. Payments to the Architect

16.1 In GC12.2, delete the words “for which the Architect is proven to be legally responsible or” and substitute the words “caused by the Architect failing to abide by the standard of a reasonable, prudent and experienced architect, or those which the Architect”.

16.2 Add the following words at the end of GC12.3: “unless such variance is the result of the failure of the Architect to take those project cost considerations into account which a reasonable, prudent and experienced Architect would have taken into account and the client is required to incur additional costs as a result of the variance.”

16.3 Delete GC12.6 and substitute the following: “If and to the extent that the contract time initially established in the ConstructionContract is exceeded or extended through no fault of the Architect, any resulting additional services required from the Architect for such extended period of the contract administration will be Additional Services. In the event that the Architect becomes aware that the contract time may be exceeded, it will provide to the Client as soon as possible, a notice in writing setting out its assessment of any extension and the steps that may be taken to overcome it.”

17. Dispute Resolution

17.1 Delete GC13.1 and substitute the following: “All disputes arising out of or in connection with this contract may be settled by litigation commenced by any party at the election of that party, or may, with the written concurrence of both the Client and the Architect, be referred to and finally decided by a single arbitrator pursuant to the Commercial Arbitration Act of British Columbia, and the rules of the British Columbia International Commercial Arbitration Centre will apply.”

18. Additional Services Related to Litigation

18.1 In the event that the Client requires Additional Services of the Architect relating to advancing the Client’s interests in any litigation in any forum surrounding this Project

these Additional Services will be provided at the hourly rates set forth in Article A10 of the Agreement Form, or as otherwise mutually agreed.

19. Health and Safety

19.1 The Architect will fulfill all of its obligations in compliance with applicable health and safety legislation and will accept responsibility for any health and safety violation that may occur with respect to services negligently provided by the Architect.

(31)

City of Richmond

11

4108417

20. Liens

20.1 Where the Client has paid the Architect as per the terms of the contract, and in the event that a construction lien is registered against the Project by anyone claiming through the

Architect, the Architect will, at its own expense, forthwith take whatever steps maybe necessary to vacate or discharge the lien, as the case may be, including the posting of security into court. In addition, the Architect will take all further steps necessary to protect the interests of the Client, including but not limited to providing a defence to the

Client in any lien proceedings and to holding the Client entirely harmless in the event that any such lien claimant, claiming through the Architect, successfully prosecutes an action which results in liability to the Client.

21. Independent Contractor

21.1 Nothing in this contract will be deemed or construed to create a partnership or joint venture with regard to the Project or to constitute the Architect an agent of the Client

except to the limited extent herein authorized. In carrying out its obligations under this contract, the Architect will at all times be an independent contractor and the scope of his duties in respect of the Project are limited to those expressly set out herein.

22. Counterparts

22.1 This contract may be executed in counterparts.

(32)

City of Richmond

1 APPENDIX C

SCHEDULE A TO DOCUMENT SIX - ARCHITECT’S SERVICES AND CLIENT’S RESPONSIBILITIES