REQUEST FOR PROPOSALS - Fraser Health · REQUEST FOR PROPOSALS PROJECT No. LMH-10-100 LMH Parking...

REQUEST FOR PROPOSALS

PROJECT No. LMH-10-100 LMH Parking Project

Langley Memorial Hospital Surface Gravel Lot Upgrade

Design /Build Consultant and Construction Services Including engineering and Site Service design

CLOSING DATE AND TIME:

November 16, 2010 – 15:00 hours PST

LOCATION: Fraser Health Authority

Facilities Planning & Real Estate Office 300-10233, 153rd Street – 3rd floor reception

Surrey, BC V3R 0Z7

Site Tour: A strongly recommended site tour will be held on

Wednesday, November 3, 2010 – 10:00 hours PST Langley Memorial Hospital

22051 Fraser Highway Langley, B.C. V3A 4H4

Meet at Northeast side of Langley Memorial Hospital site at Staff Gravel parking lot

Elizabeth Zhu Procurement Coordinator 300-10233, 153rd St. Surrey BC V3R 0Z7 Tel: 604-587-4789 [email protected] Issued: Oct 26, 2010

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PROFILE OF THE FRASER HEALTH AUTHORITY Fraser Health serves a geographic area that stretches from Burnaby to Boston Bar, incorporating 1.5 million people and growing every day. Our main focus is the patient, client and resident we serve. We strive to ensure that each resident of the health authority has access to quality care when they need it. Our quality health care services range from acute care hospitals to community-based residential, home health, mental health and public health services. Our services are provided through an integrated network of owned and operated facilities, affiliated organizations with autonomous boards, and contracted facilities and agencies. Quick Facts:

• Oversees the operation of 12 acute care hospitals, with about 2,000 acute care beds • Treated 407,000 people in our Emergency Departments in 2004/05 • Provided more than 115,000 surgical procedures in 2004/05 • Maintains more than 7,000 residential complex care beds alongside our hospitals or in the community • Is working with BC Housing to develop 1,176 assisted living units, with more than 600 now available and the

rest to be completed by early 2007 • Employs about 21,000 people • Works with about 2,200 physicians • Manages a budget of $1.8 billion (2005/06)

The Fraser Health Authority is comprised of the following communities: Abbotsford, Anmore, Belcarra, Burnaby, Chilliwack, Coquitlam, Delta, Hope, Langley, Maple Ridge, Mission, New Westminster, Pitt Meadows, Port Coquitlam, Port Moody, South Surrey/White Rock, and Surrey. This Business Opportunity is being issued on behalf of the Fraser Health Authority, which is the largest fully integrated, publicly funded Health Authority within the Province of British Columbia, Canada. www.fraserhealth.ca

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TABLE OF CONTENTS PROFILE OF THE FRASER HEALTH AUTHORITY ....................................................................................................2 SECTION ONE: RFP Submission Process/General Information .......................................................................4 SECTION THREE: Project Methodology and Budget.........................................................................................9 SECTION FOUR: General Managing Consultant Services .................................................................................10 SECTION FIVE: Evaluation Process ........................................................................................................................12 SECTION SIX Response Format ..........................................................................................................................13 SECTION SEVEN: Concerns with Terms & Conditions ...................................................................................19 SECTION EIGHT: Conflict of Interest and Statement of Full Disclosure.......................................................20 SECTION NINE: FHA - Privacy Protection Schedule........................................................................................22 SECTION TEN: Proponent Acceptance Form...................................................................................................25 SECTION ELEVEN: RFP Receipt Confirmation...................................................................................................26 Appendix A: Terms and Conditions .........................................................................................................................27 Appendix B: Definitions/Terminology ......................................................................................................................30 Appendix C: Guideline For Consultant’s Reimbursable Expenses .......................................................................31 Appendix D: Fraser Health Standard Consultant Contract ....................................................................................32 Appendix E: Supplementary Conditions: CCDC2 2008

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SECTION ONE: RFP Submission Process/General Information

Proponents intending to submit a proposal are advised to complete the Receipt Confirmation and

Proponent Intent Form included with this package and return it as soon as possible. Addenda or other correspondence will only be sent to those proponents who return this form.

1. Closing Date and Location: Proposals will be received until: November 16, 2010 at 15:00 hours local time at:

Fraser Health, Facilities Office 300-10233, 153rd St. 3rd floor reception desk Surrey BC V3R 0Z7

Proponents will provide, one signed original and one CD-ROM of their submissions.

Note: The project number LMH-10-1000 shall appear on the outside of the envelope/package or box. It is the Proponent's sole responsibility to ensure their submission is received when, where and how it is specified in the RFP. All submissions will be date and time stamped for hand delivered submissions. The FHA will supply a receipt if requested.

2. Faxes Facsimile transmissions of the RFP will not be accepted.

3. Open for Acceptance Proponent's offer shall remain open for thirty business days from the closing date of the RFP. In the event that FHA requires more time, then additional time period will be requested from all Proponents.

4. Inquiries All inquiries regarding the RFP are to be directed, by email, to the designated person identified below. Inquiries must be received no later than 3 business days before the closing date and time. Inquiries Technical: Irene Sombathy Senior Capital Project leader [email protected] Phone 604-613-5079

Inquiries Contractual Elizabeth Zhu Phone: 604-587-4789 [email protected] Information obtained from any other source is not official and should not be relied upon. Inquiries or questions may be recorded, answered and distributed only to the Proponents that have submitted a Receipt Confirmation Form. Response may or may not be in the form of an addendum.

FHA Requirements for Design Build Firms FHA requires proponents to be:

• Experienced in parking lot design and construction • Have successful experience delivering projects for Public agencies • Have successful experience in delivering design build parking lot projects requiring

application and approval of the design and construction by local approval authorities • Preference is expressed for firms that have experience delivering design build surface

parking lot projects in the lower mainland.

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SECTION TWO: Project Information

5. Project Overview

Project Location: Langley Memorial Hospital 22051 Fraser Highway Langley, B.C. V3A 4H4 Current Site Conditions

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Proposed Parking Expansion

Full package: Design Build Project Provide separate costs for each Phase 1 and Phase 2 Phase 1: Preliminary Engineering Services

• Complete a Survey of the area • Engage a Geotechnical Engineer to evaluate the soils conditions • Engage an Environmental Engineer to evaluate any environmental concerns

Phase 2: Fraser Health Approvals to Proceed with Completion of the Project

• Once the Engineering studies are completed and reviewed and the approvals are given from Fraser Health to proceed with the full scope of work, the ‘Design Built Project’ will proceed through to final completion.

This ‘Full Design Build Project’ is to include design, engineering and construction services to complete a parking lot on the East side of LMH. The successful proponent will be responsible for liaising with the Municipality of Langley and Fraser Health (FH) representatives to produce a design approved by FH and the City of Langley.

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• The Project consists of converting the existing gravel staff parking area and expanding to the South to provide approximately 609 parking stalls.

• The Parking lot drainage and water retention system is to comply with the Municipality of Langley

• The Project is to include the installation of a storm water drainage/retention system, paving, additional lighting as required, security provisions, fencing, landscaping, completed to a finished state acceptable by FH and the Municipality of Langley. Construction of the finished parking lot to be in compliance with the Municipality of Langley’s zoning and planning requirements.

The successful proponent will be the Design Build Consultant on this project. Deliverables: a) Complete Engineering, minor Architectural and landscaping specifications and tender ready

documents for the project as described above. b) Provide a schedule of activities that meets timelines as set out in this RFP document and

FHA approval c) Initiate the Tender call through to final completion of the project in its entirety as well as

securing approvals from the Authorities having Jurisdiction. All Design Build Consultant tenders will be conducted using Fraser Health Invitation to Tender documentation and will be posted at BC Bid and the FH website. Contact FHA Facilities Procurement for details. All electrical characteristics of the supplied equipment must be compatible with the existing electrical distribution system.

6. Project Services

The Design Build Consultant will be fully engaged to coordinate and work with the site representatives and with staff from FH Facilities Planning and Real Estate users and FH stakeholders (FH support teams and Health service directors/managers/project leaders) to develop a design and construction solution that best meets all project stakeholder needs within the restraints of the project scope and budget. The Design Build Consultant’s team will undertake a full investigation on the existing site and systems and ascertain design requirements to meet the current parking lot standards as needed for Healthcare operating standards. Sign-off of agreed designs are required at end of the design phase of the project with all project stakeholders. The following components are included, but not necessarily limited to all work to be completed and managed by the Design Build Consultant.

Project Initiation; Program Review and Confirmation FH support team discussions Site infrastructure assessment Design Development (DD)* Contract Documents (CD)* Organised work for sub consultants and contractors Secured sub contract(s)as required for the project Be the Prime Contractor for the project Construction completion Commissioning & Occupancy Project Close Out

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As-built site drawings with FH CADD drawing standards on CD. The Design Build Consultant will also be required to incorporate and comply with all bylaws, zoning and other regulations, per Authorities Having Jurisdiction, to ensure the proposed project meets all required approvals. If there are any required negotiations and or submissions to gain approval this will become part of the Design Build Consultant’s responsibility to obtain. It is expected that the Design Build Consultant is expected to initiate Phase 1 – Preliminary Engineering studies immediately following RFP award. Phase 2 should proceed immediately upon Fraser Health approvals to proceed with Phase 2 completion.

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SECTION THREE: Project Methodology and Budget

7. Project Methodology Fraser Health believes that the design and construction of a successful solution to meet the needs and philosophy of the health services program and related support functions is an iterative process involving key users, stakeholders and support personnel of the proposed new, expanded or renovated facility. In this regard, it is essential that all consultant’s on the Design Build Consultant’s team demonstrate a commitment to involve and communicate with all key users and stakeholders, as well as an ability to use the appropriate presentation tools that will facilitate the comprehension of those unfamiliar with the design process. Fraser Health is committed to implementing an Integrated Design Process for the entire project. An Integrated Design approach recognizes that crucial decisions made at the initial stage of the design work for a project can have substantial impact on the final construction methodology, construction cost, operational efficiency, operational cost and sustainability of the facility. For an Integrated Design Process to work, it will be essential that all members of the Design Team work in conjunction with each other from the start, generating ideas and solutions that can be discussed in a ‘workshop’ atmosphere, as opposed to the Consultants being brought in sequentially on the Project to design their respective systems in isolation. The Design Build Consultant’s firm will propose an entire project team which needs to include design and engineering services as required. These team members should be listed in the RFP response and have experience documented as suited to the needs of the project. FH expects the Design Build Consultant to enter into TWO separate contracts: 1. Fraser Health Standard Consultant Contract for the design document services 2. CCDC 2 2008, including FHA supplementary conditions FH reserves the right to final approval of all sub-consultants & sub trades. The Design Build Consultant shall be responsible for confirming the cost implications of the project scope at all stages of the project, and shall prepare design and construction solutions that can have costs maintained within the approved funding through all stages of the project. Fraser Health will provide a Project Management Team. The Team will assign Project Managers, Project Planners and/or Coordinators to the Project if required. The Project Management Team will represent Fraser Health in matters related to the Project, and will serve as a liaison between the Design Build Consultant, Consultants, and Users Groups. Fraser Health reserves the right to engage other Consultants to help facilitate the pre-design services and schematic design stage of the project. The Design Build Consultant shall work in conjunction and cooperate with the other Consultants related to the Project on a reasonable basis.

Notwithstanding, the Design Build Consultant shall synthesize and incorporate the findings of all Consultants related to this project.

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8. Project Construction Budget The estimated Project Budget (all costs) of design and construction of the project is $1.4M. The Design Build Consultant will be asked to recommend and use a Construction contingency within this budget.

SECTION FOUR: General Design Build Consultant Services

9. Relationship of the Parties

The fundamental relationship of openness, trust and confidence between the Design Build Consultant and the Owner is an inherent part of this Request for Proposal and the Consultant Agreement. The Design Build Consultant shall employ its best efforts to perform the Work diligently and in an expeditious, economical, and financially prudent manner, consistent with the best interests of the Owner.

10. General Scope of Services

The Design Build Consultant shall provide their services as outlined in the Request for Proposal and all attachments thereto. General consulting services associated with the contract shall include:

• Stakeholder meetings and site visits, as required, are included as part of the Services at each

phase/stage. Travel time to attend meetings is to be factored in the fixed fee.

• Record and distribute minutes of meetings with Stakeholders and the Weekly Project Consultant Group. Minutes must be provided to Fraser Health Representative within three (3) working days.

• Manage design process so that it is within the budget allocation and timelines provided.

• Submit hardcopy (as required) and electronic copy of the Design Reports, in both .PDF format and original source files, at each phase/stage of the project, including drawings in latest release AutoCAD .dwg format, to enable sign-off and acceptance of the documents by the appropriate group.

• Project Procurement Work by Design Build Consultant includes tender to sub trades as required. • Work by FHA Facilities Planning: may include equipment planning, operational planning, project

logistics and operational parking coordination. The portable trailer on site will be unoccupied by the time construction is scheduled to start.

• Prepare a project schedule indicating all activities from the commencement of the project to final

warranty review. All major and critical aspects of design, construction and commissioning activities are to be shown in this project schedule.

• Following the preparation of the initial project schedule, the schedule shall be updated on a monthly basis. Variances to this schedule will need to be justified by the Design Build Consultant and fully accepted by FH Staff.

• Organize and attend project meetings as required.

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• The Design Build Consultant shall prepare Project Reports including cost reports for the following stages:

1. At Schematic Design approval including presentation of options with costs for FH

approval 2. Report at time of start of construction for final FH approval. 3. At completion of construction

2. The Design Build Consultant shall give formal advice during:

- Project Close –out, and substantial completion of the construction contract work, acceptance by FH.

- Approval secured with Authorities having Jurisdiction. - Coordination with FH contracted forces for installation of equipment as required - Year end warranty review, inspection and repairs.

• The Design build Consultant shall develop and maintain a quality management process to ensure

delivery to project requirements.

11. Budget Design Criteria The Design Build Consultant will review and establish the optimal approach to be taken for the project and are asked to exhibit their cost consciousness through design and process efficiencies in the methodology proposed. During schematic design, the Design Build Consultant will be required to prepare and present two (2) alternate design options and associated construction costs. One of these designs will include the use of the existing pond as a water retention area (filled with gravel and covered with grass), and the other using alternate water retention methods buried on the parking lot site. FH will review, and approve the implementation of one of the options, given that budget issues are resolvable.

12. Scheduling of the Design and Construction Services The Design Build Consultant shall develop and include with their submissions, a detailed schedule for the consulting and construction services. The schedule shall identify and include all separate phases and stages of the design and construction process. The Design Build Consultant shall provide monthly project schedule updates from inception to construction completion. The Owner reserves the right to revise project stages as the work progresses.

13. Design and Construction Coordination A formal design and Construction services coordination process shall be developed by the Design Build Consultant and reviewed by the Fraser Health to ensure that interdisciplinary coordination between the Design Build Consultant and other Consultants is implemented if applicable.

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SECTION FIVE: Evaluation Process 14. Evaluation

This section details all of the criteria against which Proponents will be evaluated. Proponents should ensure that they fully respond to all criteria in order to receive full consideration during evaluation. Evaluations will be by a committee formed by Fraser Health Authority (FHA).

15. Mandatory Criteria

The following are mandatory criteria for services required under this RFP. Proposals that do not meet the mandatory requirements will be rejected and returned to the respondent.

Mandatory Criteria The Proposal must be received at the closing location by the specified closing date and time. The Proposal must be in English. The Proposal must not be sent by facsimile or e-mail. The Respondent must sign and return the Proponent Acceptance Form. 16. Form Of Contract

The successful Managing Consultant and Fraser Health will form TWO contracts: 1. Fraser Health Standard Consultant Contract for the design document services 2. CCDC 2 2008, including FHA supplementary conditions Fraser Health reserves the right to revise the scope and phasing/staging of the project as the work progresses. Fee adjustments would be made accordingly.

17. Evaluation Criteria Proposals meeting all of the mandatory criteria will be further assessed against the evaluation criteria. Evaluation Criteria Weight Schedule to complete Construction 10% Proponents Qualifications & Experience 50% Fee Proposal and Construction Price ( Separate breakdown ) 40%

Total Weighted Score 100%

Submissions will be evaluated based on the weighted averages above.

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SECTION SIX Response Format The following format, sequence, and instructions should be followed in order to provide consistency and to ensure each Proponent receives full consideration. All pages should be consecutively numbered. Each section of a submission will clearly identify which weighted criteria it covers. Clarity of format will be taken into consideration during the evaluation process.

1) Cover letter 2) Table of contents including page numbers 3) Executive summary describing key components of the proposal. 4) Answers to the key elements will be provided in the same order they appear in this RFP. 5) If additional data is attached to you response, it should clearly identify which specific element within

the RFP it is representing. 6) Signatory documents (proponent acceptance form)

18. Response Process and Details Organization's Name: (show complete legal name)

Include organization's operating name, if different than legal name:

Has this organization operated under any other name? If so, please provide details of prior name(s) and when.

Street Address:

Mailing Address:

City: Prov.: Postal Code:

Website:

Contact Person:

Phone: Fax: Email:

Response submitted by: (please print)

Title Phone Number

Respondent’s Signature: Date:

Disclose any litigation affecting your firm over the past 5 years.

(nondisclosure may result in contract cancellation)

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19. Qualifications & Experience Proposed Team Provide a resume for each of the personnel to be assigned to this project and a summary of their experience related to services of a similar size and nature, including general experience, public sector experience and healthcare projects experience in the past 5 years. Information provided is to include, but not limited to:

• Client • Services Budget and brief scope of services • Level of involvement • Roles and responsibilities in the delivery of the services • General experience • Experience with the public sector • Experience with the health care sector

FHA does require proponents to be:

• Experienced in parking lot design and construction; • Have successful experience delivering projects for Public agencies; • Have successful experience in delivering design build parking lot projects requiring

application and approval of the design and construction by local approval authorities • Preference is expressed for firms that have experience delivering design build surface

parking lot projects in the lower mainland. Key office personnel, attach resume of qualifications and experience: (e.g. Principal in Charge, Project Manager, Estimator, etc.) Name: Title/Position: Key site personnel, attach resume of qualifications and experience: (e.g. Project manager, Superintendent, Foreman, etc.) Name: Title/Position:

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20. References & Principal projects completed in the past five years. Preference will be given to projects of similar or equal scope to the definitions in this document. Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604) Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604) Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604)

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Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604) Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604) Principal Project Title & Location: Description: Project Value: $ Owner: Date Completed: Refer to: Phone: (604) Fax (604) Arch / Eng / Consultant Refer to: Phone: (604) Fax (604)

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21. Methodology and Approach

Understanding of the Project - Approach to the Project Describe your firm’s design, philosophy, and project delivery process and how it will benefit this project. The proposal should include a description of the team’s understanding of project management and value management concepts including a description of techniques and approaches to managing schedules and costs, milestones, reviews and approvals

22. Organization Chart, Proposed Team & Roles Organization Chart Provide an organization chart in a format that clearly indicates each team member’s participation by discipline or job description Proposed Team

The Design Build Consultants shall provide a resume, including credentials, for each of the project personnel assigned to the project team and a summary of experience related to projects of a similar size and nature, including general experience, parking lot projects especially those related to Institutional and Health care, that this project team has delivered in the past 10 years. Information provided is to include, but not limited to: • Project name • Client • Project Budget and brief Scope of Work • Level of Involvement • Roles and responsibilities in the project • General Experience • Experience with Parking lot project Design and construction • Experience with Institutional /HealthCare Projects Key office personnel, attach resume of qualifications and experience: (e.g. Principal in Charge, Project Manager, Estimator, etc.) Name: Title/Position: Key site personnel, attach resume of qualifications and experience: (e.g. Project manager, Superintendent, Foreman, etc.) Name: Title/Position: ____________________________________________________________________________________

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Roles

In the event of a Joint Venture, partnership or contract with another sub-consulting firm(s), provide a brief outline of the responsibilities of the firms, a statement on the ability of the firms involved to work successfully/effectively as a team to complete the necessary design/contract administration services and a summary of the contractual arrangement between the parties.

23. Project Work Plan & Schedule

Include a detailed work plan and schedule for the project and address the following: • Discuss the management techniques to be used to complete the design process efficiently - and

the consequences (schedule impact, additional fees, etc.) if the work sessions are not completed as described.

• In turn describe how this process is managed during construction and at completion of the project.

• Describe how the firm typically involves senior management and other staff in the facility planning process.

24. Professional Compensation

Fees

• Provide a Breakdown of Fee by Project phase (pre-design, schematic, design development, construction documents, tender, construction, post occupancy).

• Provide an estimate of disbursements broken down by travel and other disbursements.

• All expenses to confirm to FHA allowable expenses (reference to Appendix C).

• Provide Schedule of Hourly rates for all key staff. Hourly rates to be used for additional services

as a basis of fees proposed.

• Fees to be valid for acceptance for 30 days from proposal date. Upon award, fees are to be valid for entire term of contract.

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SECTION SEVEN: Concerns with Terms & Conditions If any of the terms or conditions within this document are not acceptable to your company please note the details below. 1. State section of RFP

2. State Term or Condition Number

3. State explanation of Concern

4. Suggested Alternative

1. State section of RFP



4. Suggested Alternative

1. State section of RFP



4. Suggested Alternative Proponents are advised that all variations from stated conditions will be reviewed and MAY negatively impact the overall rating of their proposal.

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SECTION EIGHT: Conflict of Interest and Statement of Full Disclosure Conflict of Interest The Health Area has a Conflict of Interest Policy governing all employees and medical staff. We ask that all Proponents respect the intent of this Policy and disclose any financial transactions, activities or relationships that may be viewed as a potential Conflict of Interest. If information has been previously disclosed, an update should be provided if changes or new activities are initiated. Statement of Full Disclosure A summary table is provided. Proponent is to include all funding support (including gifts) if applicable that may or may not have been provided to the FHA to present date. Failure to identify such support in this disclosure document may result in cancellation of the contract or other contracts already signed and in force.

ESTIMATED TYPE OF FUNDING SUPPORT

SITE OR LOCATION

DEPARTMENT RECIPIENT MARKET VALUE

Capital Equipment

Seminars Travel Supplies

Educational Support

Research Support • Drug Trials • Projects • Publications • Other

Major Donations Other Funding(specify)

Corporate Agreement

TOTAL Non Compliance or failure to review all transactions may lead to suspension of future business relations. (Attach details as an appendix and cross- reference to this section, if this table is not sufficient space to capture the data) Printed Name of Proponent Printed Name of Authorized Representative Position Signature Date Please mark “N/A”, if this form is not applicable to you. Please include this page in your RFP response.

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TITLE Conflict of Interest

SECTION Board & Governance

AUTHORIZATION President & CEO

DATE APPROVED 05 February 1997

DATE REVISED July 2000

POLICY Persons acting in a decision-making capacity on behalf of the Region are required to disclose all potential situations in which a conflict of interest may arise, such as: • Any positions or financial interests held in any concern from which the Region purchases goods or services. • Any positions or financial interests held in any concern that is in competition with the Region. • Any direct or indirect competition with the Region in the purchase or sale of property or property rights, interest, or

services. • Any governing body memberships or managerial or consultative relations with any outside concern that does

business with or competes with the Region. • Any other matter in which the individual's ability to act in the best interest of the Region may be compromised by a

competing interest outside the Region. Departure from any of these policies by Health Board employees or members of the medical staff without prior specific approval of the Health Board or the President may be cause for dismissal or suspension of privileges. Gifts, hospitality, favours, or funds shall not be accepted from any outside concern that either provides goods or services to the Region, seeks to provide goods or services to the Region, does business with the Region, or is in competition with the Region (outside the normal exchange of hospitality between persons doing business in this province). Disclosure or use of inside information relating to the Health Board for the personal profit of the individual or to the advantage of any business entity in which the individual holds a position or has a financial interest is prohibited. Health Board members and the President are required to declare their individual potential for conflict of interest at a duly constituted meeting of the Health Board or its committees/task groups. The declaration shall be recorded in the minutes. Pertinent to the duties of the President, the Health Board shall determine the potential for conflict of interest and the extent of the restraint necessary. Whenever a Health Board member is faced with a conflict of interest arising during a Health Board or committee/task group meeting or pertinent to the business of the Health Board, that member must declare his or her interest and abstain from the discussion and voting on the issue. That member may be asked to leave the meeting for that portion concerning the conflict of interest. Where a Health Board member has declared a conflict of interest, that Health Board member shall not be counted for quorum purposes on any matter pertinent to the conflict. Provided the quorum requirements are satisfied without counting the temporarily ineligible Health Board member, a majority of the disinterested Health Board members shall provide direction and policy. Health Board members, employees and members of the medical staff shall: • Not engage directly or indirectly any personal business transaction or private arrangement for personal profit which

accrues from, or is based upon, their official position or authority or upon confidential or non-public information which they gain by reason of such position or authority

• Not have pecuniary or other interests that could conflict in any manner with the discharge of their duties. Involvement or employment outside the corporation or financial or other interests which reduce or demonstrate the potential to reduce the ability to give the corporation impartial or disinterested service must be clearly avoided.

• Arrange their private affairs in a manner which prevents conflicts of interest from arising • Not divulge confidential or restricted information to any unauthorized person, or release such information in advance

of authorization for its release PROCEDURE 1. Employees and members of a medical staff shall advise a Vice President, or designate, in writing, of the nature of the potential for conflict interest. Vice Presidents must so advise the President. 2. Pertinent to the decision-making capacity of any employee or member of a medical staff, the President or Vice President shall determine the potential for conflict of interest related to the conduct of Region business and the extent of restraint necessary.

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SECTION NINE: FHA - Privacy Protection Schedule Purpose 1. The purpose of this Schedule is to:

(a) enable the Public Body to comply with its statutory obligations under the Act with respect to personal information; and

(b) ensure that, as a service provider, the Contractor is aware of and complies with its statutory obligations under the Act with respect to personal information.

Definitions 2. In this Schedule,

(a) “Act” means the Freedom of Information and Protection of Privacy Act (British Columbia), as amended from time to time;

(b) “contact information” means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual;

(c) “personal information” means recorded information about an identifiable individual, other than contact information, collected or created by the Contractor as a result of the Agreement or any previous agreement between the Public Body and the Contractor dealing with the same subject matter as the Agreement.

Requests for access to personal information 3. If the Contractor receives a request for access to personal information from a person other than the

Public Body, the Contractor must promptly advise the person to make the request to the Public Body unless the Agreement expressly requires the Contractor to provide such access and, if the Public Body has advised the Contractor of the name or title and contact information of an official of the Public Body to whom such requests are to be made, the Contractor must also promptly provide that official’s name or title and contact information to the person making the request.

Protection of personal information 4. The Contractor must protect personal information by making reasonable security arrangements against

such risks as unauthorized access, collection, use, disclosure or disposal, including any expressly set out in the Agreement.

Storage and access to personal information 5. Unless the Public Body otherwise directs in writing, the Contractor must not store personal information

outside Canada, access personal information from outside Canada, or permit access to personal information from outside Canada. No services that require access to personal information shall be provided or performed by the Contractor in any location outside of Canada.

Audit 6. The Contractor shall permit the Public Body and/or its representatives and agents to conduct periodic

audits of records related to performance by the Contractor, its employees, agents, representatives, associates and permitted subcontractors, if any, of the Contractor’s obligations under this Schedule.

7. The Contractor will at all times maintain and make available to the Public Body an “Audit Log” of access

to personal information. The Audit Log will list who, when and for what reason personal information was accessed.

Use of personal information 8. Unless the Public Body otherwise directs in writing, the Contractor may only access personal

information if that access is: (a) for the performance of the Contractor’s obligations, or the exercise of the Contractor’s

rights, under the Agreement; and (b) in accordance with section 13.

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Disclosure of personal information 9. Unless the Public Body otherwise directs in writing, the Contractor may only disclose personal

information inside Canada to any person other than the Public Body if the disclosure is for the performance of the Contractor’s obligations, or the exercise of the Contractor’s rights, under the Agreement.

10. Unless the Agreement otherwise specifies or the Public Body otherwise directs in writing, the Contractor

must not disclose personal information outside Canada. Employee Access 11. The Contractor will provide a list of employees that will have access to personal information. Each of

the specified employees will execute a confidentiality agreement. Approval of the public body must be obtained before any employee of the Contractor accesses personal information. Employees who have not obtained approval from the Public Body must not access personal information.

12. In addition to any other rights of inspection the Public Body may have under the Agreement or under

statute, the Public Body may, at any reasonable time and on reasonable notice to the Contractor, enter on the Contractor’s premises to inspect any personal information in the possession of the Contractor or any of the Contractor’s information management policies or practices relevant to its management of personal information or its compliance with this Schedule and the Contractor must permit, and provide reasonable assistance to, any such inspection.

Compliance with the Act and directions 13. The Contractor must in relation to personal information comply with:

(a) the requirements of the Act applicable to the Contractor as a service provider, including any applicable order of the commissioner under the Act; and

(b) any direction given by the Public Body under this Schedule.

14. The Contractor acknowledges that it is familiar with the requirements of the Act governing personal information that are applicable to it as a service provider.

Notice of non-compliance 15. If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a

provision in this Schedule in any respect, the Contractor must promptly notify the Public Body of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

Termination of Agreement 16. In addition to any other rights of termination which the Public Body may have under the Agreement or

otherwise at law, the Public Body may, subject to any provisions in the Agreement establishing mandatory cure periods for defaults by the Contractor, terminate the Agreement by giving written notice of such termination to the Contractor, upon any failure of the Contractor to comply with this Schedule in a material respect.

Interpretation 17. In this Schedule, references to sections by number are to sections of this Schedule unless otherwise

specified in this Schedule. 18. Any reference to the “Contractor” in this Schedule includes any subcontractor or agent retained by the

Contractor to perform obligations under the Agreement and the Contractor must ensure that any such subcontractors and agents comply with this Schedule.

19. The obligations of the Contractor in this Schedule will survive the termination of the Agreement.

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20. If a provision of the Agreement (including any direction given by the Public Body under this Schedule) conflicts with a requirement of the Act or an applicable order of the commissioner under the Act, the conflicting provision of the Agreement (or direction) will be inoperative to the extent of the conflict.

21. The Contractor must comply with the provisions of this Schedule despite any conflicting provision of this Agreement or the law of any jurisdiction outside Canada.

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SECTION TEN: Proponent Acceptance Form

LMH-10-1000: Langley Memorial Hospital Parking Project Langley Memorial Hospital Surface Gravel Lot Upgrade

We certify that we have read and understand the information provided in the RFP and all subsequent documentation. The information provided in our submission is accurate and we agree to be bound by the all conditions, statements and representations contained herein. Failure to provide signatures below will result in immediate rejection of their submission. The person signing this RFP declares that they are duly authorized signing authority with the capacity to commit their firm/company to the conditions of this proposal. Executed this ____________________________ day of _____________________, 2010 Authorized Signature Printed Name Title/Position Company Name Address Phone Fax Email

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SECTION ELEVEN: RFP Receipt Confirmation REQUEST FOR PROPOSALS LMH-10-1000 Langley Memorial Hospital Parking Project Langley Memorial Hospital Surface Gravel Lot Upgrade This form acknowledges receipt of the above noted RFP document. Company Name: Print Contact Name: Position: Phone: Fax: Email: Date: Signature: We intend on providing a response to this RFP. Send further correspondence to the above noted person. Send Receipt Confirmation To: Elizabeth Zhu 604-587-4773 elizabeth.zhu@fraser health.ca

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Appendix A: Terms and Conditions

Advertisement: The successful Supplier/Consultant will not use the name of the Fraser Health Authority (FHA) or any of the individual Hospital/Facility site names or any contents of this document in any advertising or publications without prior written consent from the Fraser Health Authority. Affiliates or Contracted Facilities: These are independent entities and as such, reserve the right to make independent decisions that represent their best value. Agreement on Internal Trade (AIT): FHA is subject to the terms and conditions of the Agreement on Internal Trade –Annex 502.4 as of April 1, 2002. Amendments: Any revision/amendments to the proposal must be made in writing, before the closing date. Telephone communication will not be accepted. Appendices: If noted and attached to the RFP, RFQ or RFT are considered as part of the RFP, RFQ or RFT for all purposes. Bid Opening: RFP’s will be opened in Private. Only proponents who provide a bid may be invited to the opening. Budget and Funding: FHA reserves the right to cancel this request if the offers received do not fall within the budgets allocated for the project. Business Registration: The successful Supplier may be required to register to conduct business in the Province of British Columbia. Changes to Proposal Wording: The Supplier will not change the wording of its proposal after closing and no words or comments will be added to the proposal unless requested by FHA for purposes of clarification. Confidentiality: Responses submitted in confidence to the FHA shall so be honoured. The FHA will not release to the public, any specific information regarding any submitted responses except as may be required under law. Contract awards that equal or exceed ten thousand dollars ($10,000) are posted on external and internal media bulletin boards or sites. Suppliers shall treat all information received through the competitive bidding process as confidential. Cost of Proposal Preparation: FHA will not assume any responsibility or liability for any costs incurred by the Supplier in the preparation of their proposal submission. Cross Reference: All questions or statements that cannot be answered in the space provided, or the Supplier needs to elaborate on a particular question or statement and requires additional documentation space, they may submit the additional information as an appendix and must ensure they have clearly cross-referenced the appendix back to the appropriate question or statement. The FHA will not read or interpret Supplier submitted information that is not clearly cross-referenced to the appropriate question or statement. For example, “See Standard Company Brochure or Overview, Financial Statement, Service Agreement or Purchase Agreement” will not be accepted as a response to a question or statement in the RFP. Currency: All proposals and bid submissions will be in Canadian Dollars. Debriefing: Unsuccessful Suppliers may contact the FHA for a debriefing. Only their submission will be reviewed. Division of Contract Award: FHA reserves the right to divide the contract between two (2) or more bidders if applicable. Elaboration of Proposal Content: Suppliers may attach further written elaboration of their Proposal. If they are included as an appendix, the Suppliers are to ensure they are cross-referenced to the appropriate question or statement in the RFP. Electronic Copy Vs Paper Copy Discrepancy: In the event of a discrepancy between FHA’s electronic copy of the RFP and the paper copy, the paper copy will prevail.

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Eligibility: Proposals will not be evaluated if the Supplier’s current or past corporate or other interests may, in the FHA’s opinion, give rise to a conflict of interest in connection with this RFP. Proposals from non-profit agencies will be evaluated against the same criteria as those received from any other Supplier. Freedom of Information and Protection of Privacy Act (“FOIPPA”): FHA is subject to legislation governing the protection of personal privacy. FOIPPA governs the collection, use, retention, security and disclosure of “Personal Information” managed by public organizations. “Personal Information” is any recorded information about an identifiable individual, including name, home address and medical history. The proposed Agreement may involve the collection, use, retention, security and disclosure of Personal Information as defined in FOIPPA. The FHA Privacy and Protection Schedule (attached) apply to the Supplier and any subcontractor and is part of the proposed Agreement. All Bidders will provide, in their response, information about their Personal Information protection policies, explaining how they, and any subcontractor they propose to use, will comply with FOIPPA and the FHA Privacy and Protection Schedule to ensure storage of or access to Personal Information remains within Canada. Under FOIPPA, any FHA records are subject to access by the public. The FHA shall keep confidential all such information provided by the Supplier to the greatest extent permitted under FOIPPA and shall comply with the provisions of FOIPPA relating to third party information. The Supplier shall at all times comply with all requirements of the FHA to protect confidential information from disclosure. Governing Law: Any contract resulting from the RFP will be governed by and will be construed and interpreted by the laws and courts of the Province of British Columbia. Included Words: Wherever the singular or masculine is used, the same will be deemed to include the plural or the feminine or the body corporate where the contract so requires. Industry Meanings: Words and phrases used in the RFP or any resulting Contract that have acquired special meanings in the health care industry will be interpreted in accordance with the special meanings attached to those words and phrases in the health care industry. Irrevocability of Proposals: By submission of a clear and detailed written notice, the Supplier may amend or withdraw its proposal prior to the closing date and time. Upon closing time, all proposals become irrevocable for a period of 30 days and if required by the FHA, the suppliers shall enter into good faith negotiations with the FHA as described in this RFP. Late Proposal Submissions: Supplier proposals or submissions that are received after the closing date and time specified will not be accepted for consideration. The Supplier’s submission will be returned. Law and Regulations: Supplier shall comply with and, upon request of FHA, furnish certificates of compliance with all applicable Provincial and Municipal laws and with all applicable rules, orders, regulations or requirements issued there under, and shall indemnify FHA against any damages by reason of violations of this paragraph. Any contract arising from this RFP will be governed in all respects by the laws and courts of the Province of British Columbia. Liability for Errors: FHA has used considerable efforts to ensure an accurate representation of information in the RFP. The information is provided as a guide for Suppliers. The RFP is not intended to relieve the Suppliers from forming their own opinions and conclusions with respect to the matters addressed in the RFP. License and Registration: All Suppliers or bidders must be incorporated and have obtained licenses where required by legislation. Corporations submitting proposals shall be registered in the Province of British Columbia. Limitation of Damages: By submitting a proposal, tender or quotation to the FHA, the Supplier agrees that it will not claim damages, relating to the Contract or in respect to the Competitive Bidding process, in preparing and submitting its proposal. The Supplier also agrees to waive any claim for damages for loss of profits if no resulting contract or agreement is completed or awarded to the Supplier. No Claim: Except as expressly and specifically permitted in these Instructions to Proponents, no Proponent shall have any claim for any compensation of any kind whatsoever, as a result of participating in this process, and by submitting a response each proponent shall be deemed to have agreed that it has no claim. Non-Compliance: Submission of this bid shall be construed by the FHA to mean that the supplier/contractor/consultant agrees to carry out all of the conditions set forth in this document as well as any Specific Terms and Conditions that may be pertinent for each requirement. Any proposed variation from these conditions must be clearly identified. Provide details of any non-compliance with the stated terms and conditions on

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the ‘Concerns with Terms and Conditions’ contained herein. Failure to answer all questions or provide the requested information may disqualify your bid from consideration. At its' sole discretion, the FHA reserves the right to waive minor non-compliances. Numeric Notations or Discrepancy: In the event of a numerical discrepancy or error discovered in the Supplier’s submission, the written number shall prevail. No adjustments or changes are permitted and the Supplier is required to honour their submission as stated. Ownership of Proposals: All documents will be received and held in confidence by the FHA, subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA) and the Freedom of Information Protection of Privacy Amendment Act. (Bill 73). Suppliers may retrieve their proposal anytime prior to the closing date after which the documents become the property of the Fraser Health Authority. Pre-Bid Supplier Meeting: A Supplier meeting may be held at the time and location specified in the RFP. If a meeting is held, a transcript of minutes of the meeting will be distributed to those Suppliers who have returned the Receipt Confirmation Form and attended the Pre-Bid meeting. Oral questions at the meeting will be permitted, however, questions of a complex nature or questions where the Supplier requires anonymity, should be forwarded in writing, prior to the meeting and to the person designated in the RFP. If a pre-bid meeting has been identified in the RFP as Mandatory, only those Suppliers that attend the pre-bid meeting would be eligible to submit a proposal. Attendance will be recorded for Mandatory Pre-Bid meetings. Privilege Clause: FHA will not be bound to accept the lowest bid and reserves the right to accept, reject or cancel, in whole or in part, any and all proposals, tenders or quotations. Pricing Irregularities: Fraser Health reserves the right to request clarification from the bidder and correct price irregularities as long as unit prices are not altered or changed from the original bid amount. Signed Proposals: Supplier’s proposal must be signed by a person authorized to sign on behalf of the Supplier and to bind the Supplier to statements made in response to the RFP. Sub-Contracting: Suppliers are to identify all proposed sub contractors including the company name, contact name, phone number, fax number, email address, type of service the sub-contractor will be performing or providing and the length of time the Supplier has been using the Sub-Contractor. Additional Sub-Contractors will not be added nor will other changes be made to this list without the written consent of FHA. Taxes: FHA is subject to Provincial Sales Tax and the Goods and services Tax. Supplier is requested to specify the tax status of the goods/services/equipment being quoted. Terms and Conditions: If Specific Terms and Conditions are used within this document they will take precedence over general or standard terms and conditions. Trade Investment and Labour Mobility Agreement (TILMA): FHA is subject to the terms and conditions of the TILMA Agreement, as of April 1, 2009. Unsigned RFP Submissions: Unsigned proposal submissions will not be considered. WorkSafe BC- The contract may contain a provision that the Supplier or Contractor and any approved sub-contractors must be registered with the WorkSafe BC, in which case, WorkSafe BC coverage must be maintained for the duration of the contract. Prior to receiving any payments, the Contractor may be required to submit a WorkSafe BC Clearance letter indicating that all WorkSafe BC assessments have been paid. Suppliers or Contractors are responsible to provide annual Clearance letters for the duration of the contract. For international Suppliers, a similar or other recognized alternative body or organization might be considered. The Supplier must demonstrate the alternative organizational certification is of equal quality and scope of the WorkSafe BC. Working Language: The working language of the FHA is English and all responses to the RFP will be in English.

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Appendix B: Definitions/Terminology "RFP" means Request for Proposal, "RFT" means Request for Tender, "RFQ" means Request for Quotation. "PO", "Purchase Order" means a contract to Buy or Purchase issued by an authorized individual of the specific health area that corresponds to the submission. “FH”, "FHA", "Health Area", “Owner” “Region” means the FHA and any specified health delivery in the RFP. "Supplier", "Bidder", “Contractor”, “Proponent”, “Vendor”, means an individual or company that submits or intends to submit a proposal in response to the submission. "Contract" means the written agreement or Purchase Order resulting from a submission executed by the FHA and the successful Bidder. "must, "mandatory" means a requirement that must be met in accordance for the submission to receive consideration. "should", "request", "will", "desirable", "preferred" means a requirement having a significant degree of importance to the objectives of the submission. "proposal", "submission" means the document where the information is contained that is being submitted by a Supplier which includes Mandatory information, subsequent questions and answers, clarifications, presentations, marketing information and any/all correspondence referring to the RFP.

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Appendix C Guideline for Consultant’s Reimbursable Expenses All reimbursable expenses incurred in providing the contracted services and supported by receipts not specifically listed below shall be approved by Fraser Health prior to any expenditure by the Consultant. 1. Communications and Shipping Expenses – allowable expenses are as follows:

The only reimbursable portion of fax charges is the actual costs of the long distance call. Long distance telephone calls are only reimbursable with proper receipts. Only reasonable courier costs required to expedite the project are accepted. Complete backup is required with all claims. No “rush” packages are acceptable unless requested by the Fraser Health Authority. Acceptable photocopy charges are: 7¢ per copy.

2. Computer Plotting, Scanning and Word Processing Charges – These charges are considered to

be overhead expenses and are not acceptable as reimbursable expenses. 3. Blueprinting – standard commercial rates are acceptable. The cost of blueprinting or

reproduction of documents and binding thereof will be reimbursed beyond the following: - tender documents: 25 copies of a set - detail tender drawings: 25 copies of a set

4. Travel Expenses – The following are allowable travel expenses. The consultant must be outside their headquarters area (32 kilometres from where they ordinarily perform their duties) to be eligible to claim mileage, meal and accommodation expenses. Car rentals, accommodation and airfare must have prior approval from Fraser Health Authority. Mileage rate when using private vehicle - maximum of 50¢ per kilometre.

Meal Allowance – the following meal allowances can be claimed which must not exceed the amount

noted below: Breakfast only $11.25 Lunch only $13.00 Dinner only $22.00 Taxi, parking, ferry charges, highway tolls - reimbursed if receipts are provided. Tips paid for taxis

cannot be claimed. Car rentals – Government rate should be requested. Charges for personal accident insurance and

collision/loss damage waiver will not be reimbursed. Receipts are required. Accommodation - receipts are required. The maximum amount that can be claimed for hotel/motel is

$125.00 per night. Private lodging will be reimbursed at $30.00 per night (no receipt required). Airfare - economy airfare only will be reimbursed. Receipts are required. The percentage that may be added to the reimbursable expenses for administrative charges is 5%. Consultant’s expenses are subject to the maximum amount payable negotiated with the Consultant according to the contract.

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Appendix D Fraser Health Standard Consultant Contract

STANDARD CONSULTANT CONTRACT BETWEEN: AND:

Fraser Health Authority (Insert Consultant or Agency Name)

(the "Fraser Health Authority" , "FHA", “FH”, “Authority”, "Health Area", “we”, “us”, or “our” as applicable at the following address:

(the “Agency”, “Service Provider”, “Bidder”, “Consultant”, “Contractor”, “you”, or “your” as applicable) at the following address:

The Fraser Health Authority and the Consultant agree to the following terms: CONSULTANT'S OBLIGATIONS 1. You must provide the services described in Schedule A (the “Services”) in accordance with this

agreement. You must provide the Services during the term described in Schedule A, regardless of the date of execution or delivery of this agreement.

2. You must supply and pay for all labour, materials and approvals necessary or advisable to

provide the Services. 3. You must perform the Services to a standard of care, skill and diligence maintained by persons

providing, on a commercial basis, services similar to the Services. 4. You must ensure that all persons you employ or retain to perform the Services are competent to

perform them and are properly trained, instructed and supervised. 5. You must comply with our instructions in performing the Services, but not as to the manner in

which those instructions are carried out except as specified in this agreement. 6. You must, upon our request, fully inform us of all work you do in connection with providing the

Services. 7. You must maintain time records and books of account, invoices, receipts and vouchers of all

expenses incurred, in form and content satisfactory to us. 8. You will be responsible for obtaining any permits, licenses, business and revenue taxes,

assessments and charges in situations attributed directly to the operation of your service. 9. You must permit us at all reasonable times to inspect and copy all material that has been

produced or received by you or any subcontractor as a result of this agreement (collectively the “Material”), including, without limitation, accounting records, findings, software, data, specifications, drawings, reports and documents, whether complete or not.

10. You must treat as confidential all Material and not permit its disclosure without our prior written

consent except as required by applicable law, including the Freedom of Information and Protection of Privacy Act. (See Schedule F later in this document)

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11. The Material and any property we provide to you or a subcontractor is our exclusive property. You must deliver it to us immediately upon our request. 12. The copyright in the Material belongs exclusively to us. Upon our request, you must deliver to us

documents satisfactory to us waiving in our favour any moral rights which you or your employees or subcontractors may have in the Material and confirming the vesting of the copyright in us.

13. You must maintain and pay for insurance on the terms, including form, amounts and deductibles,

outlined in Schedule D, if any, as modified from time to time in accordance with our directions. 14. You must apply for and, immediately on receipt, remit to us any refund or remission of federal or

provincial tax or duty available with respect to any items used in connection with this agreement. 15. You must comply with all laws applicable for the Province of British Columbia. 16. You must not assign your rights under this agreement without our prior written consent. 17. You must not subcontract any obligation under this agreement other than to persons listed in

Schedule C without our prior written consent. No subcontract, whether consented to or not, relieves you from any obligations under this agreement. You must ensure that any subcontractor fully complies with this agreement in performing the subcontracted Services.

18. You must not provide any services to any person in circumstances which, in our reasonable

opinion, could give rise to a conflict of interest between your duties to that person and your duties to us under this agreement.

19. You must not do anything that would result in personnel you hire being considered our

employees. 20. You must not commit or purport to commit us to pay any money except as authorized by this

agreement.

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PAYMENT 21. We must pay you the fees described in Schedule B. We must pay you for expenses in

accordance with Schedule B if they are supported, where applicable, by proper receipts and, in our opinion, are necessarily incurred by you in providing the services. We are not obliged to pay you more than the “Maximum Amount” specified in Schedule B on account of fees and expenses.

22. You must submit written statements of account to us, but no sooner than the dates referred to in

Schedule B as the “Billing Dates”. 23. We may withhold from any payment due to you an amount sufficient to indemnify us against any

lien claim that could arise in connection with the provision of the Services.

24. Our obligation to pay money to you is subject to available funding for the fiscal year in which payment becomes due. 25. Unless otherwise specified in this agreement, all references to money are to Canadian dollars. TERMINATION 26. Either party may terminate this agreement for any reason on giving ninety days written notice of

termination. If we do so for any reason other than your failure to comply with this agreement, we must pay you that portion of the fees and expenses described in Schedule B which equals the portion of the Services that was completed to our satisfaction before termination. That payment discharges us from all liability to you under this agreement.

27. If you fail to comply with this agreement, we may terminate it and pursue other remedies as well.

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GENERAL 28. You are an independent consultant and not our employee, agent, or partner. 29. If you are a corporation, you represent and warrant to us that you have authorized your signatory

to enter into and execute this agreement on your behalf without affixing your common seal. 30. We must make available to you all information in our possession, which we consider pertinent to

your performance of the Services. 31. This agreement is governed by and is to be construed in accordance with the laws of British

Columbia. 32. Time is of the essence in this agreement. 33. Any notice contemplated by this agreement, to be effective, must be in writing and be:

(a) sent by fax to the addressee’s fax number specified in this agreement, (b) delivered by hand to the addressee’s address specified in this agreement, or (c) mailed by prepaid registered mail to the addressee’s address specified in this agreement.

Any notice mailed in accordance with sub-section (c) is deemed to be received 96 hours after mailing. Either of the parties may give notice to the other of a substitute address or fax number from time to time.

34. A waiver of any term of this agreement or of any breach by you of this agreement is effective only

if it is in writing and signed by us and is not a waiver of any other term or any other breach. 35. No modification of this agreement is effective unless it is in writing and signed by the parties. 36. This agreement and any modification of it constitutes the entire agreement between the parties as

to performance of the Services. 37. All disputes arising out of or in connection with this agreement, or in respect of any defined legal

relationship associated with it or derived from it, must, unless the parties otherwise agree, be referred to and finally resolved by arbitration administrated by the British Columbia International Commercial Arbitration Centre under its rules.

38. Sections 6, 9, 10, 11, 12, 14, 18 continue in force indefinitely, even after this agreement ends. 39. The Schedules are part of this agreement. 40. If there is a conflict between a provision in a Schedule to this agreement and any other provision

of this agreement, the provision in the Schedule is inoperative to the extent of the conflict unless it states that it operates despite a conflicting provision of this agreement.

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41. In this agreement, “we”, “us” and “our” refer to the Fraser Health Authority alone and never refer to the combination of the Consultant and the Fraser Health Authority that combination is referred to as “the parties”. THE PARTIES have duly executed this agreement the ______day of ___________________, . SIGNED AND DELIVERED on behalf of the Fraser Health Authority.

SIGNED AND DELIVERED by or on behalf of the Consultant (or by an authorized signatory of the Consultant if a corporation)

(Type in name of Agency/Consultant)

(Authorized Representative) (Consultant or Authorized Signatory)

(Please Print Name)

(Please Print Title)

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SCHEDULE A SERVICES & TERM (a) Services and deliverables to be provided: (b) TERM: FROM: mm/dd/yyyy TO: mm/dd/yyyy SCHEDULE B FEES AND EXPENSES 1. We must pay to you $______ for performing Services during the term of this Agreement. This is

the Maximum Amount we must pay you under this Agreement. 2. The payments by us to you will be made ___(in equal monthly or quarterly instalments, lump

sum or as invoiced). 3. Unless you obtain prior written approval from us, you must expend the funds provided through

this Agreement substantially in accordance with the quoted pricing.

4. Invoicing process All invoices are to be sent to the following contact for approval: Project Leader Mailing Address Phone Number Email Address

5. Invoices are to be sent via email in PDF format with hard copy back up via mail.

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SCHEDULE C - APPROVED SUBCONTRACTOR(S) You must not subcontract any obligation under this agreement without prior written consent. OR If applicable use: 1. You may subcontract for the provision of [description of services] services in order to deliver

the services specified in Schedule A of this Agreement. 2. The approved subcontractor(s) to whom you may subcontract under this Agreement include:

[subcontractor name(s)] 3. You must not subcontract any obligation under this Agreement other than to persons listed in this

Schedule without our prior written consent.

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SCHEDULE D INSURANCE AND INDEMNIFICATION 1. The Consultant carries professional errors and omissions liability insurance coverage, and the policy

is available for inspection by the Authority at all times, upon request.

2. The Consultant hereby agrees to indemnify and save harmless the Authority, 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 Authority 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 Consultant 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 Authority, its other Consultant(s), assign(s) and authorized representative(s) or any other persons.

3. The Consultant shall be entitled to rely upon published product information by manufacturers and

shall not be liable for relying on information or representation which it reasonably believes to be accurate.

4. The Consultant shall not:

4.1 Be required to make exhaustive or continuous on-site reviews; 4.2 Be responsible for acts or omissions of the contractor, subcontractors, suppliers or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with Contract Documents; 4.3 Have control, charge or supervision, or responsibility for construction means, methods, techniques, sequences, or procedures, or, for safety precautions and programs required in connection with the Work; and 4.4 Be responsible for any and all matters arising from Toxic or Hazardous Substances or Materials, unless matters are due directly and arising from the Consultant’s design errors or omissions, or due to their faulty instructions to contractors, subcontractors or any other persons performing the Work.

5 The Authority acknowledges that either the Consultant or the Authority may engage Consultants on behalf of and for the benefit and convenience of the Authority; and agrees that the Consultant shall not be liable to the Authority, in contract or in tort, for the acts, omissions or errors of such Consultants when retained by the Authority. Nothing in this clause shall derogate from the Consultant’s duty of coordination.

6 At the Authority’s option, the Consultant shall, at its own expense, promptly assume the defense of any claim, suit or other proceeding brought against the Consultant and their respective servant(s), agent(s), or employee(s) under this Contract.

7 If some or any encumbrance of any kind or nature be placed upon or obtained against the property of the Authority in, or as a result of any proven legal liability of the Consultant and their respective servant(s), agent(s) or employee(s), the Consultant shall forthwith cause the same to be discharged. In the event that the Consultant shall fail to remove the said encumbrance(s), then the Authority shall have the right to pay whatever monies may be necessary to fully discharge any and all such encumbrance(s) and all of its costs may be deducted from monies otherwise payable to the Consultant, and the Authority shall furthermore be entitled to any additional costs that it may thereby incur.

8 General requirements:

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8.1 All insurance policies, which the Consultant is required to obtain, shall provide that the insurance shall not be cancelled without the insurer giving at least thirty days (30) prior written notice to the Authority. 8.2 All insurance which the Consultant is required to obtain shall be with Insurers registered in and licensed to underwrite such insurance in Canada. All such insurance shall be at no expense to the Authority. 8.3 The Consultant may take out such additional insurance as it may consider necessary and desirable. All such additional insurance shall be at no expense to the Authority.

9 The Consultant shall provide and maintain continuously from the commencement of the Work the following insurance which shall be placed with such company or companies and in such form and amounts and with such deductibles as may be acceptable to the Authority:

9.1 Professional Errors and Omissions Liability Insurance protecting the Consultant, his insurable Sub-Consultant(s) and their respective servant(s), agent(s) or employee(s) against any loss or damage arising out of the professional services rendered by the Consultant, his Sub-Consultants and their respective servant(s), agent(s) or employee(s) under this Agreement. Such insurance shall be for an adequate amount acceptable to the Authority and shall in any event be not less than:

9.1.1 For construction valued at $0.00 to $2.5 million: $250,000 per occurrence;

9.1.2 For construction valued at $2.5 million to $7.5 million: $500,000 per occurrence;

9.1.3 For construction valued at $7.5 million to $15.0 million: $1,000,000 per

occurrence; and

9.1.4 For construction valued over $15.0 million: negotiated; but not less than $1,000,000 per occurrence. 9.2 Automobile Liability insurance on all licensed vehicles owned by or leased to the Consultant, protecting against damages arising from bodily injury (including death) and from claims for property damage arising out of their use in the operations of the Consultant, its Sub-Consultant(s) and their respective servant(s), agent(s), or employee(s) under this Agreement. Such insurance shall be for an adequate amount acceptable to the Authority and shall in any event be not less than $2,000,000 inclusive of any one accident. 9.3 The Consultant shall ascertain that all Sub-Consultants employed by the Consultant carry insurance in the form and limits specified in paragraphs 9.1 and 9.2 above, and shall provide evidence of the policies upon the Authority’s request.

9.4 All insurance described in paragraphs 9.1 and 9.2 must:

9.4.1 Be primary; and

9.4.2 Not require the sharing of any loss by any insurer of the Authority.

9.5 If the Authority is to insure against professional liability on a single Project basis for the

Consultant and all Consultants, the coverage referred to under paragraph 9.1 above is not required during the period that the single Project insurance is in force. 9.6 The Consultant shall provide:

9.6.1 Evidence of insurance in the form of the Authority’s Certificate of Insurance of all required insurance; and

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9.6.2 Certified copies of required policies upon written request

10. The Consultant will comply generally with the Workers’ Compensation Act and in particular will obtain and maintain during the term of this Agreement the necessary coverage for the Consultant’s employees and will upon request by the Authority, provide particulars of such coverage from Worksafe BC. SCHEDULE E ADDITIONAL TERMS 1. Repayment

At our option, any funds provided through this Agreement and not expended will be:

(a) returned to the Fraser Health Authority (b) used as supplemental funding for the Consultant on a one-time basis; or (c) applied against any future years' funding requested from us by you.

2. Records/Reports

(a) You will provide to us audited financial statements of each fiscal year of the Contract and no later than 120 days after the end of the fiscal year to which the audit pertains.

(b) Provide to us a statement showing utilization of funds in the same format as that used in

Schedule B of the Agreement. 3. The Consultant will comply with all reporting requirements associated with the Health Sector

Compensation Information System (HSCIS). 4. Criminal Check Requirements

The Consultant and all employees covered by the terms of this Agreement who, in the fulfilment of the terms and conditions of the Agreement, work directly or have the potential of having unsupervised access to children in the ordinary course of employment or in the practice of an occupation, must comply with all requirements of the Criminal Records Review Act for all new and existing employees, even if an employee has completed a previous criminal record check. This requirement is in addition to other criminal record checks which may be required of employees as a condition of employment at the Consultant.

New employees must not commence work until the results have been received on a signed Criminal Record Check Authorization Form

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SCHEDULE F FHA - PRIVACY PROTECTION SCHEDULE Purpose 1. The purpose of this Schedule is to:

(c) enable the Public Body to comply with its statutory obligations under the Act with respect to personal information; and

(d) ensure that, as a service provider, the Contractor is aware of and complies with its statutory obligations under the Act with respect to personal information.

Definitions 2. In this Schedule,

(d) “Act” means the Freedom of Information and Protection of Privacy Act (British Columbia), as amended from time to time;

(e) “contact information” means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual;

(f) “personal information” means recorded information about an identifiable individual, other than contact information, collected or created by the Contractor as a result of the Agreement or any previous agreement between the Public Body and the Contractor dealing with the same subject matter as the Agreement.

Requests for access to personal information 3. If the Contractor receives a request for access to personal information from a person other than the

Public Body, the Contractor must promptly advise the person to make the request to the Public Body unless the Agreement expressly requires the Contractor to provide such access and, if the Public Body has advised the Contractor of the name or title and contact information of an official of the Public Body to whom such requests are to be made, the Contractor must also promptly provide that official’s name or title and contact information to the person making the request.

Protection of personal information 4. The Contractor must protect personal information by making reasonable security arrangements against

such risks as unauthorized access, collection, use, disclosure or disposal, including any expressly set out in the Agreement.

Storage and access to personal information 6. Unless the Public Body otherwise directs in writing, the Contractor must not store personal information

outside Canada, access personal information from outside Canada, or permit access to personal information from outside Canada. No services that require access to personal information shall be provided or performed by the Contractor in any location outside of Canada.

Audit 6. The Contractor shall permit the Public Body and/or its representatives and agents to conduct periodic

audits of records related to performance by the Contractor, its employees, agents, representatives, associates and permitted subcontractors, if any, of the Contractor’s obligations under this Schedule.

7. The Contractor will at all times maintain and make available to the Public Body an “Audit Log” of access

to personal information. The Audit Log will list who, when and for what reason personal information was accessed.

Use of personal information 8. Unless the Public Body otherwise directs in writing, the Contractor may only access personal

information if that access is: (c) for the performance of the Contractor’s obligations, or the exercise of the Contractor’s

rights, under the Agreement; and (d) in accordance with section 13.

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Disclosure of personal information 9. Unless the Public Body otherwise directs in writing, the Contractor may only disclose personal

information inside Canada to any person other than the Public Body if the disclosure is for the performance of the Contractor’s obligations, or the exercise of the Contractor’s rights, under the Agreement.

10. Unless the Agreement otherwise specifies or the Public Body otherwise directs in writing, the Contractor

must not disclose personal information outside Canada. Employee Access 11. The Contractor will provide a list of employees that will have access to personal information. Each of

the specified employees will execute a confidentiality agreement. Approval of the public body must be obtained before any employee of the Contractor accesses personal information. Employees who have not obtained approval from the Public Body must not access personal information.

12. In addition to any other rights of inspection the Public Body may have under the Agreement or under

statute, the Public Body may, at any reasonable time and on reasonable notice to the Contractor, enter on the Contractor’s premises to inspect any personal information in the possession of the Contractor or any of the Contractor’s information management policies or practices relevant to its management of personal information or its compliance with this Schedule and the Contractor must permit, and provide reasonable assistance to, any such inspection.

Compliance with the Act and directions 13. The Contractor must in relation to personal information comply with:

(a) the requirements of the Act applicable to the Contractor as a service provider, including any applicable order of the commissioner under the Act; and

(b) any direction given by the Public Body under this Schedule.

14. The Contractor acknowledges that it is familiar with the requirements of the Act governing personal information that are applicable to it as a service provider.

Notice of non-compliance 15. If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a

provision in this Schedule in any respect, the Contractor must promptly notify the Public Body of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

Termination of Agreement 16. In addition to any other rights of termination which the Public Body may have under the Agreement or

otherwise at law, the Public Body may, subject to any provisions in the Agreement establishing mandatory cure periods for defaults by the Contractor, terminate the Agreement by giving written notice of such termination to the Contractor, upon any failure of the Contractor to comply with this Schedule in a material respect.

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Interpretation 17. In this Schedule, references to sections by number are to sections of this Schedule unless otherwise

specified in this Schedule. 18. Any reference to the “Contractor” in this Schedule includes any subcontractor or agent retained by the

Contractor to perform obligations under the Agreement and the Contractor must ensure that any such subcontractors and agents comply with this Schedule.

19. The obligations of the Contractor in this Schedule will survive the termination of the Agreement. 20. If a provision of the Agreement (including any direction given by the Public Body under this Schedule)

conflicts with a requirement of the Act or an applicable order of the commissioner under the Act, the conflicting provision of the Agreement (or direction) will be inoperative to the extent of the conflict.

21. The Contractor must comply with the provisions of this Schedule despite any conflicting provision of this

Agreement or the law of any jurisdiction outside Canada.

Supplementary Conditions to CCDC2/2008 Page 1 of 15

Supplementary Conditions to CCDC2/2008 for use by

Fraser Health, Providence Heath Care, Provincial Health Services Authority and Vancouver Coastal Health

DEFINITIONS

Item 6: Contract Documents: Add “in writing” at the end of the definition.

Item 18: Specifications: Add to the end of the definition a new sentence as follows: “The Specifications are also known as the ‘Project Manuals’”.

ADD: Item 27: WorkSafe BC

The Workers’ Compensation Board has changed its name to WorkSafe BC. Wherever the terms Workers’ Compensation Board, WCB, Compensation Board, of other similar word appears, it shall be understood to refer to WorkSafe BC and its operating bodies.

GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT

PART 1 GENERAL PROVISIONS

GC 1.1 CONTRACT DOCUMENTS

GC 1.1.7 Delete 1.1.7.1 entirely and insert the following words:

the order of priority of documents, from highest to lowest, shall be

- the Agreement between the Owner and the Contractor, - these Consolidated Supplementary Conditions, - the Definitions, - the General Conditions, - Division 1 of the Specifications, - Division 2 through to the end of the Technical Specifications, - material and finishing schedules, - the Drawings.

GC 1.1.8 Delete in its entirety.

PART 2 ADMINISTRATION OF THE CONTRACT

GC 2.2 ROLE OF THE CONSULTANT

GC 2.2.7 Delete from the sentence the words “Except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER,”

Supplementary Conditions for CCDC2/2008 Page 2 of 15

GC 2.3 REVIEW AND INSPECTION OF THE WORK

GC 2.3.2 Add, in the first sentence “review,” before the word “tests”.

GC 2.3.4 In the first sentence replace “special” with “review,” and add “review,” before the third instance of “inspections”.

ADD: GC 2.3.8 “If the Consultant is required to make more than one review of rejected work or to perform

additional reviews due to failure of the Work to meet the requirements of Substantial Performance of the Work at the time of an application by the Contractor for Substantial Performance of the Work , the Contractor will compensate the Owner for any costs incurred by the Owner for such additional Consultant services. The amount of such costs will be treated as a credit to the Contract Price and may be deducted by the Owner from any payment owing to the Contractor.”

PART 3 EXECUTION OF THE WORK

GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS

GC 3.2.2: Delete GC 3.2.2.2 in its entirety.

ADD: GC 3.2.3.4 as it applies to the applicable health and construction safety legislation at the Place of the

Work the Contractor shall assume overall responsibility and be designated as the “Prime Contractor”.

GC 3.4 DOCUMENT REVIEW

GC 3.4.1 Delete the word “belief” and substitute “analysis”. Delete all wording following the word “analysis” in the second sentence to the end of the third sentence. The final sentence beginning with “If the Contractor does”, shall remain intact.

GC 3.5 CONSTRUCTION SCHEDULE

GC 3.5.1:

GC 3.5.1.4 Acceleration of the Work:

.1 If the Consultant determines that the rate of progress of the Work or any part thereof is insufficient to enable the Work or any part thereof to be performed within the Contract Time , the Consultant will notify the Contractor in writing to promptly accelerate the performance of the Work and to revise the Contractor’s construction scheduling to ensure the Work will be performed in conformity with the Contract Time.

.2 The Contractor shall promptly advise the Consultant in writing of the specific changes to the construction scheduling and the process of construction that the Contractor will implement to accelerate the Work to ensure the Work will be performed in conformity with the Contract Time.


.3 If and to the extent that an acceleration of the Work is determined by the Consultant to be the result of contractor’s delay, there shall be no extension of the Contract Time, the ‘Acceleration Cost’ (as hereinafter defined) will be borne solely by the Contractor, and the Contractor will not be entitled to any additional compensation from the Owner.

4. ‘Acceleration Cost’ means the cost which is reasonably and necessarily incurred by the Contractor in accelerating the performance of the Work pursuant to a notice from the Consultant under this provision, and which is in addition to the cost that would otherwise have been incurred in connection with the performance of that part of the Work that was accelerated, including, without limiting the foregoing, amounts paid on account of, or paid to a Subcontractor or supplier on account of, actual additional labour costs for shift or overtime work in excess of regular or straight time rates, including payroll additives based on gross wages and bonus time paid for second and third shifts, and including overtime costs of the Contractor’s supervisory and clerical staff (in excess of regular or straight time rates) which are required to be paid under the applicable employment terms or legislation.

5. If the Contractor disputes a notice to accelerate from the Consultant under this GC 3.5,1.4, the Contractor will comply with the notice and will not delay the progress of the Work pending resolution of the dispute. Such compliance will be without prejudice to the Contractor’s rights to claim compensation under the terms of this Contract.

GC 3.6 SUPERVISION

GC 3.6.1: Add after the last sentence: The appointed Contractor representative shall not be changed without consultation with and written acceptance of the Owner.

GC 3.7 SUBCONTRACTORS AND SUPPLIERS

GC 3.7.4: Add at the end of the sentence “, as outlined in GC 6.3 CHANGE DIRECTIVE.

PART 4 ALLOWANCES

GC 4.1 CASH ALLOWANCES

GC 4.1.2 Add, after the first sentence “Unless noted otherwise, none of the work included in the drawings and specifications is intended to be paid for by the cash allowances. The cash allowances are for the Owner’s use, at the Owner’s sole discretion.”

GC 4.1.3: After the word “authorized” insert the words “in writing”.

GC 4.1.4: Delete all instances of “any cash allowances” and substitute “all cash allowances”.

Delete the last sentence entirely, that for reference reads “Multiple case allowances…the foregoing.”


PART 5 PAYMENT

GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER

GC 5.1: Delete GC 5.1 in its entirety.

GC 5.2 APPLICATIONS FOR PROGRESS PAYMENTS

GC 5.2.4: Add after the first sentence, “A second schedule, stating the anticipated monthly payments, is to be submitted upon request.”

ADD: GC 5.2.8: “An application for payment shall be deemed received only if submitted complete with

required supporting documentation as determined by the Consultant.”

GC 5.2.9 “The Contractor shall with each and every application for payment subsequent to the first, submit a current “CCDC 9A Statutory Declaration of Progress Payment Distribution by Contractor”, which shall be completed and sworn before a Notary Public or Commissioner for Oaths for the Province of British Columbia.”

GC 5.3 PROGRESS PAYMENT

GC 5.3.1.2 Add the following at the end: “If, after a certificate of payment has been issued to the Owner (and prior to payment by the Owner), the Consultant determines on the basis of new information that the amount certified for payment is inappropriately high or low relative to the value of the work performed then the Consultant shall issue a revised certificate of payment.”

ADD: GC 5.3.2 “The Owner may deduct from payments owing to the Contractor any costs the Owner has

reasonably incurred as a result of the Contractor’s negligence or breach of this Contract, or which the Owner has incurred on the Contractor’s behalf.”

ADD GC 5.3.3 “In addition to builders lien holdbacks, the Owner may retain holdbacks to cover deficiencies

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

GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK

ADD: GC 5.4.4 The Owner reserves the right to take possession of and use completed or partially completed

portion of the Work, in addition to occupancy conditions included in the Contract, providing: .1 the portion of the Work is ready to be used for the purpose intended, to the

satisfaction of the Consultant and authorities having jurisdiction; and .2 the Owner’s possession and use do not interfere with the Contractor’s Work; and .3 the Consultant conducts a review prior to possession by the Owner; and .4 any costs are borne by the Owner, subject to the provisions of GC 6.5 DELAYS.


ADD: GC 5.4.5 An application for Substantial Performance of the Work shall be deemed complete only if

submitted with required supporting documentation, including those requirements in GC 5.2.8, as determined by the Consultant.

GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

ADD: GC 5.5.1.3: “submit a current CCDC 9B “Statutory Declaration of Progress Payment Distribution by

Subcontractor” from each of the Subcontractors and a letter of good standing from WorkSafe BC for the Contractor and each of the Subcontractors.

GC 5.5.3: Delete in its entirety.

GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK

ADD: GC 5.6.4: An application for release of holdback will not be considered complete until all related

documentation required for the Consultant’s review is received, including those requirements in GC 5.2.8.

GC 5.7 FINAL PAYMENT

GC 5.7.4: Delete: “no later than 5 calendar days after the issuance of a final certificate of payment,” ADD: GC 5.7.5: “The Contractor’s application for final payment will constitute a waiver by the Contractor of all

claims except those for which Notice in Writing has been delivered to the Owner.”

PART 6 CHANGES IN THE WORK

GC 6.2 CHANGE ORDER

ADD: GC 6.2.3: The following shall determine Contractor markup on Change Orders by percentage:

.1 To the price of the Work performed by the Contractor directly: the Contractor may add a maximum of 20% markup for overhead and profit combined.

.2 To the price of the Work performed by Subcontractors for the Contractor, before the Subcontractor’s markup, the Contractor may add a maximum of 10% markup for overhead and profit combined.

.3 On Work deleted from the Contract, not covered by unit prices, the credit to the Owner shall be the cost of the Work.

.4 For a detailed list of what the Contractor may include in the price of the Work before adding markups, refer to GC 6.3 CHANGE DIRECTIVE, article 6.3.7.


.5 The mark-up for overhead and profit includes cost of materials, plus cost of the Contractor’s actual and necessary expenditures for wages of labour and field supervision, plus labour burden, estimating costs and other office expenses. Claims for additional bonding or insurance costs, related to an increase in contract value, must be submitted with supporting documentation to be considered for approval.

.6 For significant scope changes the rate of mark-ups will be subject to negotiations between the parties.

GC 6.3 CHANGE DIRECTIVE

GC 6.3.2: Add to the end of the sentence: “or to work that has a real or perceived relationship to the integrity of the Work or the facility as affected by the Work.”

GC 6.3.6: ADD: .4 Contractors mark-up for Overhead and Profit shall be as per GC 6.2.3

ADD GC 6.3.7: “if any” after “actual cost” in the first line of GC 6.3.7 as there may be more than one

inapplicable item

GC 6.4 CONCEALED OR UNKNOWN CONDITIONS

ADD: GC 6.4.5: “The Contractor acknowledges that it was responsible to observe and be familiar with the

site and existing conditions affecting the Work prior to the submission of its bid for the Work and execution of this Contract. No claims for an increase in Contact Price or Contract Time arising from failing to account for observable conditions will be accepted.”

GC 6.5 DELAYS

ADD: GC 6.5.6: The party making the claim shall submit to the Consultant, within 10 Working Days from the

notice of the event, a detailed account of the Contract Time extension claimed and the grounds upon which the claim is based complete with required supporting documentation as determined by the Consultant. No claim for additional compensation arising from a delay will be payable unless the Contractor prepared daily records of the costs arising from the delay, and submits such records to the Consultant within the time required by this GC.

ADD: GC 6.5.7 If the Consultant, in consultation with the Contractor, determines the Contractor is delayed in

performance of the Work, or any part thereof, by the Contractor’s inaction, or by delay or inaction of anyone employed or engaged by the Contractor directly or indirectly, and the Work will not be performed within the Contract Time, then GC 3.5.1.4 will apply.

GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE

GC 6.6.1 Add: “in no case more than 10 Working Days from the event or series of events giving rise to the claim.”


PART 7 DEFAULT NOTICE

GC 7.1 OWNER’S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT.

GC7.1.2 Delete the words “and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action”.

GC 7.1.5: In the first sentence after “paragraphs 7.1.1” replace “and” with “or”.

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

GC 7.2.3.1: Delete in its entirety.

GC 7.2.3.4: Delete from the clause “except for GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER,”

PART 9 PROTECTION OF PERSONS AND PROPERTY

GC 9.1 PROTECTION OF WORK AND PROPERTY

ADD: GC 9.1.5: In the event of a shut down or interruption of the Work, the Contractor shall be responsible for the care protection and maintenance of the Work, subject to the provisions of GC 6.5 – DELAYS. GC 9.2.3 Delete in its entirety. GC 9.2.5.2 Delete the words “and which were not disclosed by the Owner or which were disclosed but have

not been dealt with as required under paragraph 9.2.4,” GC 9.2.7.1 Delete and replace with the following: “take all necessary steps, in accordance with applicable

legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless the toxic or hazardous substances (or, if appropriate, change the Work so that the Contractor is not exposed to the hazardous substances)”.

GC 9.4 CONSTRUCTION SAFETY GC 9.4.1 Delete the words “Subject to paragraph 3.2.2.2 of GC 3.2 – CONSTRUCTION SAFETY BY OWNER

OR OTHER CONTRACTORS, the Contractor” and replace them with: “The Contractor shall be the “prime contractor” as defined in the Workers Compensation Act

(British Columbia), and the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work

PART 10 GOVERNING REGULATIONS


GC 10.2 LAWS, NOTICES, PERMITS, AND FEES

ADD: GC 10.2.8: The Contractor shall provide to the Consultant copies of all inspection reports from the various

authorities having jurisdiction within two (2) Working Days of their request.

PART 11 INSURANCE AND CONTRACT SECURITY

Prior to Tendering, the consultant, in consultation with the owner, is to determine which clause of the following clauses will apply. (ie: owner or contractor to purchase the project insurance).

Supplementary Conditions – Builders Risk

For projects insured by the Contractor on projects with a value less than $1,000,000.

MODIFICATIONS TO GENERAL CONDITIONS

GC 11.1 INSURANCE, Delete entirely and replace with the following:

GC 11.1.1: The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain the following insurances with insurers licensed in British Columbia and in forms and amounts acceptable to the Owner:

(a) Commercial General Liability Insurance in an amount not less than:

• Two Million Dollars ($2,000,000.00) inclusive per occurrence against bodily injury and

property damage for projects less than Two Hundred and Fifty Thousand Dollars ($250,000.00); or

• Five Million Dollars ($5,000,000.00) inclusive per occurrence against bodily injury and

property damage for projects greater than Two Hundred and Fifty Thousand Dollars ($250,000.00) but less than One Million Dollars ($1,000,000.00).

The Owner is to be added as an additional insured under this policy. Any deductible applicable to property damage shall not exceed Five Thousand Dollars ($5,000.00) or such other reasonable deductible. Such insurance shall include, but not be limited to:

.01 Products or Completed Operations Liability; .02 Owner’s and Contractor’s Protective Liability; .03 Blanket Written Contractual Liability; .04 Contingent Employer’s Liability; .05 Personal Injury Liability; .06 Non-Owned Automobile Liability; .07 Cross Liability; .08 Employees as Additional Insureds; .09 Broad Form Property Damage; .10 Broad Form Completed Operations; .11 Elevator and Hoist Liability; .12 Operation of Attached Machinery; and where such further risk exists:


.13 Shoring, Blasting, Excavating, Underpinning, Demolition, Piledriving and Caisson

Work, Work Below Ground Surface, Tunneling and Grading, as applicable; and .14 Limited Pollution Liability in an amount not less than Two Million Dollars

($2,000,000.00).

(b) Property insurance which shall cover, on a replacement cost basis, all property, of every description, to be used in the construction of the Work, against “All Risks” of physical loss or damage, including earthquake and flood, while such property is being transported to the site, and thereafter throughout erection, installation and testing and such insurance shall be maintained until Substantial Performance of the Work. Such policy of insurance shall extend to protect the interest of the Owner, and shall contain a waiver of subrogation against the Owner. Any deductible shall not exceed Five Thousand Dollars ($5,000.00) or such other reasonable deductible for each and every occurrence except for the peril of flood, which may include a maximum deductible of Ten Thousand Dollars ($10,000.00), and earthquake, which may include a maximum deductible of Ten Percent (10%) based upon completed values at the time of loss.

(c) Automobile Liability on all owned or leased vehicles in an amount not less than Two

Million Dollars ($2,000,000.00). (d) Aircraft and/or Watercraft Liability, where applicable, for all owned or non-owned

craft operating or used in the performance of the Work by the Contractor, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence and including aircraft passenger hazard liability, where applicable.

GC 11.1.2: All the foregoing insurance shall be primary and not require the sharing of any loss by any

insurer of the Owner. GC 11.1.3: The Contractor shall provide the Owner with evidence of all required insurance prior to the

commencement of the Work or services. Such evidence shall be in the form of the Owner’s Certificate of Insurance (copy attached – Schedule ‘E’). When requested by the Owner, the Contractor shall provide certified copies of required insurance policies.

GC 11.1.4: All required insurance shall be endorsed to provide the Owner with thirty (30) days advance

written notice of cancellation or material change. GC 11.1.5: The Contractor hereby waives all rights of recourse against the Owner with regard to

damage to the Contractor’s property. GC 11.1.6: The Contractor shall require and ensure that each Subcontractor maintain liability insurance

comparable to that required above.

GC 11.1.7: Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment.




For projects insured by the Owner on projects with a value greater than $1,000,000.


GC 11.1 INSURANCE, Delete entirely and replace with the following: GC 11.1.1: Without restricting the generality of GC 12.1—INDEMNIFICATION, insurance and coverage

will be arranged and paid for as under-noted:

(a) Commercial 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, Twenty Million Dollars ($20,000,000.00) general aggregate for bodily injury, death, and damage to property including loss of use thereof, product/completed operations liability with a limit of Ten Million Dollars ($10,000,000.00) annual aggregate.

2) The insurance shall cover the Owner, Contractors & Sub-contractors, Architects,

Engineers, Consultants and anyone employed by them 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 preclude subrogation claims by the insurer against anyone

insured hereunder. 4) The insurance shall include coverage for:

.01 Premises and Operations Liability; .02 Products or Completed Operations Liability; .03 Blanket Contractual Liability; .04 Cross Liability; .05 Elevator and Hoist Liability; .06 Contingent Employer’s Liability; .07 Personal Injury Liability; .08 Shoring, Blasting, Excavating, Underpinning, Demolition, Piledriving and

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

.09 Liability with respect to Non-Owned Licensed Vehicles ($5,000,000.00);

.10 Broad Form Property Damage;

.11 Broad Form Completed Operations;

.12 Limited Pollution Liability ($2,000,000.00);

.13 Employees as Additional Insureds;


.14 Broad Form Tenants Legal Liability ($1,000,000.00); and

.15 Operation of Attached Machinery.

5) Any applicable deductibles shall not exceed Ten Thousand Dollars ($10,000.00) except with respect to loss or damage arising from hot roofing operations where the deductible shall not exceed Fifty Thousand Dollars ($50,000.00).

6) This insurance shall be maintained continuously from commencement of the Work

until the date of final certificate for payment is issued or when the insured project is completed and accepted by or on behalf of the Owner, whichever occurs first, plus with respect to completed operations cover a further period of twenty-four (24) months.

(b) Property Coverage

1) The Owner shall provide, maintain and pay for Course of Construction coverage,

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 and continental United States of America (excluding Alaska) during construction, erection, installation and testing, but such coverage shall not include coverage for Contractor’s equipment of any description. Such coverage shall be maintained until Substantial Performance of the Work. There will be a deductible of Ten Thousand Dollars ($10,000.00) for each and every occurrence on projects valued at less than Ten Million Dollars ($10,000,000.00) and a deductible of Twenty Five Thousand Dollars ($25,000.00) on projects valued at more than Ten Million Dollars ($10,000,000.00) except for the perils of flood which shall have a deductible of One Hundred Thousand Dollars ($100,000.00), testing and commissioning and water damage to interior of buildings which shall have a deductible of Fifty Thousand Dollars ($50,000.00) and earthquake which shall have a five percent (5%) (subject to minimum Two Hundred Fifty Thousand Dollars ($250,000.00)) deductible based upon the total project value insured. A one day waiting period for each month of the project subject to a minimum waiting period of 30 days shall apply with respect to soft costs.

2) The coverage shall include as a protected entity, each Contractor, Subcontractor,

Architect or Engineer who is engaged in the Project. 3) The coverage will contain a waiver of the Owner'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.

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 insurance policy warranties and all laws and regulations in force respecting fires.

(c) Automobile Liability Insurance

The Contractor 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. The insurance shall be placed with such company or companies and in such form and deductibles as may be acceptable to Owner.

(d) Aircraft and/or Watercraft Liability Insurance

The Contractor 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 and including Aircraft Passenger Hazard where applicable. The insurance shall be placed with such company or companies and in such form and deductibles as may be acceptable to Owner.

GC 11.1.2: 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 final certificate for payment. GC 11.1.3: The Owner shall, upon request, provide the Contractor with proof of insurance for those

coverages and insurances required to be provided by the Owner prior to commencement of the Work.

GC 11.1.4: The Contractor and/or his Subcontractors, as may be applicable, shall be responsible for

any deductible amounts under the policies of coverage and insurance except for perils of flood and earthquake.

GC 11.1.5: The Contractor 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.

GC 11.1.6: The Contractor shall provide the Owner with proof of insurance for those insurances

required to be provided by the Contractor prior to the commencement of the Work in the form of a completed Certificate of Insurance.

GC 11.1.7: The Owner shall not be responsible for injury to the Contractor’s employees or for loss or

damage to the Contractor’s 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.

GC 11.2 CONTRACT SECURITY

ADD: GC 11.2.3: The Contractor shall give the Owner Notice in Writing of any material change in the surety

within 15 days of occurrence.


PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY



For projects insured by the Contractor on projects with a value less than $1,000,000.

MODIFICATIONS TO GENERAL CONDITIONS GC 12.1 – INDEMNIFICATION, delete GC 12.1.1 and 12.1.2 and replace with the following: GC 12.1.1: Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and

12.1.5, and excepting always losses arising out of the independent acts of the party for whom indemnification is sought, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this contract, provided such claims are:

.1 caused by:

(1) the acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or

(2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and

.2 made by Notice in Writing within such periods as prescribed by the Limitation Act of the

Province of British Columbia. GC 12.1.2: The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as

follows:

.1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by the Owner pursuant to GC 11.1 – INSURANCE, the limit of the GENERAL LIABILITY COVERAGE – GC 11.1.1(a) or the limit of the PROPERTY COVERAGE – GC 11.1.1(b) whichever is pertinent to the loss.

.2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price as recorded in Article A-4 – CONTRACT PRICE or $2,000,000.00, but in no event shall the sum be greater than $20,000,000.00.

.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of


claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply.



For projects insured by the Owner on projects with a value greater than $1,000,000.


GC 12.1 – INDEMNIFICATION, delete GC 12.1.1 and 12.1.2 and replace with the following:

GC 12.1.1: Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, and excepting always losses arising out of the independent acts of the party for whom indemnification is sought, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this contract, provided such claims are:

.1 caused by:

(1) the acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or

(2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and

.2 made by Notice in Writing within such periods as prescribed by the Limitation Act of the

Province of British Columbia. GC 12.1.2: The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as

follows:

.1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by the Owner pursuant to GC 11.1 – INSURANCE, the limit of the GENERAL LIABILITY COVERAGE – GC 11.1.1(a) or the limit of the PROPERTY COVERAGE – GC 11.1.1(b) whichever is pertinent to the loss.

.2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price as recorded in Article A-4 – CONTRACT PRICE or $2,000,000.00, but in no event shall the sum be greater than $20,000,000.00.

.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of


claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply.

GC 12.2 WAIVER OF CLAIMS




GC 12.3 WARRANTY

GC 12.3.4 Add: “In effecting a correction of defects or deficiencies, the Contractor shall bear all costs

involved in removing, replacing, repairing or restoring all aspects of the Work that may be affected in the process of making the correction.”

ADD: GC 12.3.7: If the Contractor is required to correct a defect or deficiency under this GC 12, the warranty

period for the work performed by the Contractor to correct the defect or deficiency will be one year from the date of correction (except this GC 12.3.7 does not apply to the extended Where a material, product or installation covered by warranty fails, the stipulated warranty and warranty period shall be renewed for the specific work being replaced or repaired, with the exception of warranties referred to in GC 12.3.6). The Contractor will correct promptly, at the Contractor’s expense, defects or deficiencies in the work performed by the Contractor pursuant to this GC 12.3.7 which appear during the one year warranty period described in this GC 12.3.7.

ADD: PART 15 SEVERABILITY

GC 15.1 SEVERABILITY

GC 15.1.1: Any provision of this Contract which is found to be illegal, invalid, void, prohibited or unenforceable will be:

.1 separate and severable from this Contract; and

.2 ineffective to the extent of such illegality, invalidity, avoidance, prohibition or unenforceability; without affecting any of the remaining provisions of this Contract which will remain in force, be binding upon the parties and be enforceable to the fullest extent of the law.

END OF SUPPLEMENTARY CONDITIONS FOR CCDC2/2008

REQUEST FOR PROPOSALS - Fraser Health · REQUEST FOR PROPOSALS PROJECT No. LMH-10-100 LMH Parking...

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