shared purchasing service consortium of grey-bruce

SHARED PURCHASING SERVICE CONSORTIUM OF GREY-BRUCE

Bluewater District School Board

Bruce-Grey Catholic District School Board 799 - 16th Avenue, Hanover, Ontario N4N 3A1 Telephone (519) 364-5820 Fax (519) 364-5828

of 70 RFP 21-00115 Construction Management Services at Grey Highlands Secondary School

Request for Proposal

Construction Management Services

at

Grey Highlands Secondary School

for the


Issue Date: April 20, 2021

Site Meeting: April 27, 2021

Final Date and Time for Questions: April 29, 2021 at 3:00:59 p.m. EST

RFP Closing Date & Time: May 13, 2021 at 3:00:59 p.m. EST

Mandatory Intent to Respond: April 26, 2021 at 3:00:59 p.m. EST.

RFP Documents Delivered to:

Shared Purchasing Services Consortium of Grey-Bruce

c/o Catholic Education Centre

799 – 16th Avenue

HANOVER, Ontario N4N 3A1

Attention: Tammy Squires, Document Coordinator

Tel: 519-364-5820 Ext. 241 [email protected]





REQUEST FOR PROPOSAL

REQUEST NO.: 21-00115

RE: Construction Management Services at Grey Highlands Secondary School

DATE: April 20, 2021

Sealed Submissions will be received at this office until Thursday May 13, 2021 at 3:00:59 p.m., after which time Submissions will not be considered. Please return sealed submission to: Bruce-Grey Catholic District School Board Education Centre 799 – 16th Avenue HANOVER, Ontario N4N 3A1 Attention: Tammy Squires

Envelope must be marked “RFP 21-00115 Construction Management Services – Grey Highlands Secondary School”. Do not return Submission to area schools. Please provide a response to this RFP for Construction Management Services at Grey Highlands Secondary School, according to the attached specifications. If any further information is required, please contact Tammy Squires, Document Coordinator at (519) 364-5820, ext. 241 or email [email protected]

As a part of our procurement process, information is being collected and used in accordance with the Municipal Freedom of Information and Protection of Privacy the Boards' Guidelines and Procedures Manual. The Board(s) may find it necessary to release information from this document that has been supplied in confidence. Please refer to #42 “Standardized Terms & Conditions”.

CERTIFICATE OF BIDDER I/WE have carefully read and examined these documents and accompanying instructions and have obtained a clear and comprehensive knowledge of the material, equipment, service or work required for the completion of this contract. I/WE the undersigned hereby submit my/our response and agree to supply all necessary labour, materials, equipment, service, etc., as tendered herein, for the execution and completion of this contract and in accordance with the terms, conditions and specifications herein. No other conditions shall apply.

COMPANY NAME Company Address Proponent Name: (Please Print) Proponent Name (Signature) Title/Position

Phone # Ext. # Email

HST Registration # Date





MANDATORY INTENT TO RESPOND FORM

If the Mandatory Intent to Respond is not submitted to the Document Coordinator prior to 3:00:59 p.m. on April 26, 2021 the Proponent may not be permitted to submit a response to this Request for Proposal (RFP). Each Proponent who submits a completed Intent to Respond will receive notification of any changes, alterations or Addenda to this RFP via email.

Please fill out all fields and return this form via fax to 519-364-5828 or via e-mail to [email protected]

RFP # 21-00115

RFP Name Construction Management Services – Grey Highlands

Closing Date Thursday May 13, 2021

Company Name

Contact Name & Title

Address

Address

City

Province Postal Code:

Telephone

E-mail Address

Date

□ Yes, I would like to submit a response to this request

□ No, I do not wish to respond to this RFP. Reason:

____________________________ _

Please indicate how you would like to obtain the full documents below.

□ I will download the PDF documents directly from the website at

http://www.bwdsb.on.ca/purch/tender_docs - 21-00115 Construction Management Services and/or any other document referencing this RFP #

□ Please e-mail to the address specified above

RFP Addendums, changes, and any other related information released after the original Request posting date will be sent ONLY to Proponents who have submitted this form to the Document Coordinator. If you do not submit this Mandatory Intent to Respond Form, you will not be permitted to submit a response to this RFP for Construction Management Services.

http://www.bwdsb.on.ca/purch/tender_docs





Table of Contents REQUEST FOR PROPOSAL ................................................................................................................................ 2

CERTIFICATE OF BIDDER .................................................................................................................................. 2

MANDATORY INTENT TO RESPOND FORM................................................................................................... 3

Definitions ............................................................................................................................................................... 7

1 Introduction ................................................................................................................................ 9

1.1 Shared Purchasing Service Consortium of Grey-Bruce ................................................ 9

1.2 Invitation to Proponents ......................................................................................................... 9

1.3 Site Meeting ............................................................................................................................... 9

2 Scope of Work ......................................................................................................................... 10

2.1 General Scope of Work – Phase One 2021 ...................................................................... 10

2.2 General Scope of Work – Phase Two 2022 ...................................................................... 10

2.1.1. Timelines .................................................................................................................................. 11

2.3 Point of Contact ...................................................................................................................... 11

2.4 Designated Substances ........................................................................................................ 12

2.5 Safety ......................................................................................................................................... 12

2.6 Condonation Not a Waiver ................................................................................................... 13

2.7 Force Majeure .......................................................................................................................... 13

2.8 COVID-19 Business Interruption ........................................................................................ 14

3 Written Submission Package .............................................................................................. 15

3.1 Request for Proposal/Certificate of Bidder Form .......................................................... 15

3.2 Appendix A - Authorization and Addendum Acknowledgement Form .................... 15

3.3 Appendix B - Conflict of Interest Disclosure Statement .............................................. 15

3.4 Appendix C - Summary of Site Supervisor’s Qualification & Experience ............... 15

3.5 Appendix D - Summary of Project Manager’s Qualification & Experience ............. 15

3.6 Appendix E - Summary of Business Qualifications ...................................................... 15

3.7 Appendix F - CCDC Document No. 11 .............................................................................. 15

3.8 Appendix G - Confirmation of WSIB and Insurance ...................................................... 16

3.9 Appendix H - Surety Letter................................................................................................... 16

3.10 Appendix I - References ....................................................................................................... 16

3.11 Appendix J - Confirmation of Indemnity .......................................................................... 16

3.12 Appendix K - Acknowledgement of the Board’s Standard Terms and Conditions16

3.13 Appendix L - Confirmation of Lump Sum Contract ....................................................... 16

3.14 Appendix M - Pricing and Fee Form .................................................................................. 16





3.15 Appendix N - Project Work Plan ......................................................................................... 16

3.16 Appendix O – COVID-19 Safety Plan ................................................................................. 16

3.17 Appendix P –Submission Checklist .................................................................................. 17

4 Submission .............................................................................................................................. 17

4.1 Submission of Response ..................................................................................................... 17

4.2 Attachments and Appendices ............................................................................................. 17

4.3 Submission Requirements................................................................................................... 17

4.4 Completeness of Submission ............................................................................................. 18

4.5 Submission Opening ............................................................................................................. 18

4.6 Withdrawal of Submissions during Submission Opening .......................................... 19

5 General ...................................................................................................................................... 19

5.1 Information in RFP ................................................................................................................. 19

5.2 Proponents Shall Bear Their Own Costs ......................................................................... 19

5.3 Proponents to Review RFP .................................................................................................. 19

5.4 Clarification .............................................................................................................................. 20

5.5 Proponent Interview............................................................................................................... 20

5.6 Acceptance of RFP................................................................................................................. 20

5.7 Contractor Substitutes .......................................................................................................... 20

5.8 Errors or Omissions .............................................................................................................. 20

5.9 Addenda .................................................................................................................................... 21

5.10 Construction Manager’s Performance .............................................................................. 21

5.11 Criminal Background Check ............................................................................................... 22

5.12 Insurance and WSIB .............................................................................................................. 22

5.13 FIPPA and MFIPPA ................................................................................................................. 23

5.14 PIPEDA ...................................................................................................................................... 24

5.15 Section 217 Education Act ................................................................................................... 24

5.16 AODA ......................................................................................................................................... 25

5.17 Reserved Rights and Governing Law of the Board ....................................................... 25

5.18 Rights of the Board – Preferred Proponent ..................................................................... 27

5.19 Period of Irrevocability .......................................................................................................... 27

5.20 Response to Be Retained by the Board ........................................................................... 27

5.21 Term and Termination ........................................................................................................... 27

5.22 Dispute Resolution................................................................................................................. 28

5.23 Proponent Debriefing ............................................................................................................ 28

6 Pricing and Invoicing............................................................................................................. 28





6.1 Pricing ....................................................................................................................................... 28

6.2 Invoice Procedures for Bluewater District School Board ............................................ 29

7 Evaluation and Award ........................................................................................................... 30

7.1 Evaluation ................................................................................................................................. 30

7.2 Stage One – Evaluation of Mandatory Criteria ............................................................... 31

7.3 Stage Two – Evaluation of Non-Financial Criteria ......................................................... 32

7.3.1 Summary of Site Supervisor Qualification and Experience ........................................ 32

7.3.2 Summary of Project Manager Qualification and Experience ...................................... 33

7.3.4 Business Summary ................................................................................................................ 34

7.3.5 Project Specific Work Plan .................................................................................................. 35

7.4 Stage Three – Evaluation of Financial Criteria ............................................................... 35

7.4.1 Construction Management Fee ........................................................................................... 35

7.5 Summary of Scoring .............................................................................................................. 35

7.6 Award ......................................................................................................................................... 36

7.7 Notification to Other Proponents of Outcome of RFP Process ................................. 36

Appendix A – Authorization & Addendum Acknowledgement Form ................................... 37

Appendix B – Conflict of Interest Disclosure Statement ......................................................... 38

Appendix C – Summary of Site Supervisor’s Qualification & Experience .......................... 39

Appendix D – Summary of Project Manager’s Qualification & Experience ........................ 40

Appendix E – Summary of Business Qualifications ................................................................. 41

Appendix F – CCDC Document No. 11 ......................................................................................... 42

Appendix G – Confirmation of WSIB and Insurance ................................................................. 43

Appendix H – Surety Letter .............................................................................................................. 44

Appendix I – References .................................................................................................................. 45

Appendix J – Confirmation of Indemnification ........................................................................... 47

Appendix K – Acknowledgement of the Board’s Standard Terms & Conditions .............. 48

Appendix L – Acknowledgement of a Lump Sum Contract .................................................... 49

Appendix M – Pricing and Fee Form ............................................................................................. 50

Appendix N – Project Work Plan .................................................................................................... 53

Appendix O – COVID-19 Safety Plan ............................................................................................. 54

Appendix P - Submission Checklist .............................................................................................. 55

Appendix Q – Sample Notice of Non-Performance ................................................................... 56

Appendix R – Sample Reference Evaluation .............................................................................. 58

Schedule 1 ............................................................................................................................................ 59

Schedule 2 ............................................................................................................................................ 67





Definitions

In this document, the following terms are defined:

“Agreement” means an Agreement entered into by the Board for the provision of the Services and/or the Deliverables and any Addenda thereto.

“Applicable Law” means any common law requirement and all applicable and enforceable statutes, regulations, directives, policies, administrative interpretations, orders, by-laws, rules, guidelines, approvals and other legal requirements of any government and/or regulatory authority in effect from time to time.

“BGCDSB” means the Bruce Grey Catholic District School Board.

“BWDSB” means the Bluewater District School Board.

“Board” means, collectively or individually, the Bluewater District School Board, the Bruce Grey Catholic District School Board, and /or the Shared Purchasing Services Consortium of Grey-Bruce.

“Business Days” means Monday to Friday inclusive, other than a day that is observed as a statutory holiday.

“Business Hours” means 8:30 a.m. to 4:00 p.m. local time in Hanover, Ontario, Canada of any Business Day (EST).

“Contract” means the entire contract between the parties and shall include the terms and conditions of this Request for Proposal, including any applicable Addenda, the scope of work and a signed Contract Award Letter issued by the Shared Purchasing Service Consortium of Grey-Bruce.

“Contractor” means the successful Proponent or Supplier.

“Document Coordinator” means the Shared Purchasing Services Consortium of Grey-Bruce’s

single point of contact for the RFP.

“Eligible Proposal” means a Proposal that meets or exceeds a prescribed requirement, allowing it to proceed to the next phase.

“Evaluation Team” means the individuals who have been selected by the Shared Purchasing Services Consortium of Grey-Bruce to evaluate the Proposals.

“FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended.

“Industry Standards” include, but are not limited to adherence to commonly accepted norms of ethical business practices, which shall include the Supplier establishing, and ensuring adherence to, precautions to prevent its employees or agents from providing or offering gifts or hospitality of greater than nominal value to any person acting on behalf of or employed by the Board.

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as amended.





“Must” means mandatory. Proponents failing to comply with a “must” requirement may be deemed non-compliant.

“Non-compliant” means the submission does not meet the mandatory requirement and may be eliminated from further evaluation.

“Owner” means the Bluewater District School Board.

“Personal Information” has the same definition as in subsection 2(1) of FIPPA and in subsection 2(1) of MFIPPA, that is, recorded information about an identifiable individual or that may identify an individual and includes all such information obtained by the Proponent from the Board or created by the successful Proponent pursuant to the Contract.

“PIPEDA” means the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended.

“Preferred Proponent” means the Proponent(s) that the Shared Purchasing Services Consortium of Grey-Bruce has identified as the highest-ranked Proponent(s) in accordance with the evaluation process.

“Proponent” means an individual, sole proprietorship, corporation, partnership, joint venture, incorporated consortium or consortium that is a partnership or other legally recognized entity which submits a Proposal in response to the RFP.

“RFP” means Request for Proposal.

“Services” means the services intended to be procured pursuant to this RFP.

“Service Provider” means the successful Proponent or Contractor to this Request for Proposal who enters into a contract with the Board.

“Shall” means mandatory. Proponents failing to comply with a “shall” requirement will be deemed non-compliant.

“Should” means recommended/suggested/preferred but not mandatory.

“SPSCGB” means the Shared Purchasing Service Consortium of Grey-Bruce, representing both the Bluewater District School Board and the Bruce Grey Catholic District School Board

“Sub-contractor” means any person or organization hired by the awarded General Contractor(s) or Construction Manager(s) to perform a portion of the duties outlined in their submission.

“Supplier” means the successful Proponent or Contractor or Construction Manager





1 Introduction

1.1 Shared Purchasing Service Consortium of Grey-Bruce

The Shared Purchasing Service Consortium of Grey-Bruce (SPSCGB) provides the purchasing of goods and services for the Bluewater District School Board and the Bruce-Grey Catholic District School Board. The SPSCGB is committed to procuring, with public funds, the best value consistent with quality, performance, and delivery, through innovative and cooperative buying.

These two School Boards have two (2) administration centers and a combined total of approximately sixty (60) Schools throughout Bruce and Grey Counties.

Together both Boards serve an area of 8,673 square kilometers in size and are defined by the borders of Bruce and Grey Counties.

SPSCGB is seeking to satisfy the following objectives in issuing this Request for Proposal (“RFP”):

• Achieve the best solution for the needs of the Board(s);

• Obtain quality services at best overall value.

By signing any Contract, it is understood and agreed by the parties that if either Board is not an original party to that Contract, either Board may enter into the agreement at a later date during the effective period of the Contract. All prices and terms and conditions the contract provides to the original Board shall apply.

1.2 Invitation to Proponents

The Bluewater District School Board (BWDSB) is requesting qualified Construction Management companies to submit a response to this Request for Proposal (RFP) for the provision of Construction Management Services for proposed renovations and site work at the following Board location;

• Grey Highlands Secondary School located at 100 Toronto Rd. South, Flesherton ON.

1.3 Site Meeting

There will be a site meeting held on Tuesday April 27, 2021. All Proponents wishing to submit a response to this RFP should attend the site meeting.

Proponents must meet outside of the main entrance of Grey Highlands Secondary School located at 100 Toronto Rd. South, Flesherton on Tuesday April 27, 2021 at 1:00 p.m.

Proponents must meet outside of the main entrance of the School. No Proponent shall be permitted to enter the School prior to the commencement of the site meeting.

The Site Meeting will begin promptly at the scheduled time. The Schedule for the site meeting is as follows;

Grey Highlands Secondary School 1:00 p.m. EST





All necessary Covid-19 precautions will be taken as per the Grey-Bruce Public Health Guidelines and all Board Policies. Masks are required for entry into all Board facilities and will be made available, by the Board, should any Proponent not have a mask which meets the requirements outlined by Grey-Bruce Public Health. Proponents will also be required to sanitize upon entry and exit of the school. All social distancing protocols must be maintained at all time during the site meeting.

Should the site meeting need to be postponed due to unforeseen circumstances, the alternate date for the site meeting is tentatively scheduled for February 5, 2021 at 3:30 p.m. but is subject to change as determined necessary by the Board.

Proponents must submit the Mandatory Intent to Respond Form to the Document Coordinator by Monday April 26, 2021 to ensure that the Board has the appropriate contact information should the Site Meeting need to be postponed or delayed.

There will be a fifteen (15) minute grace period granted. Proponents who arrive during the designated grace period will be permitted to participate in the Site Meeting, however, any information relating to the RFP that was disclosed during the fifteen (15) minute grace period will not be repeated.

The time on the cell phone of the designated Board member will be used to determine the official time.

There will be a sign-in sheet at each location that will be maintained by a designated Board member. Each Proponent is responsible for ensuring that their presence at the site meeting is accurately recorded on the sign-in sheet. Proponents do not need to sign in at the Main Office of the school(s).

2 Scope of Work

2.1 General Scope of Work – Phase One 2021

• Removal and replacement of masonry veneer and insulation to front area of the School by the

Music Room and the Library.

2.2 General Scope of Work – Phase Two 2022

• Removal and replacement of masonry veneer and insulation to the North wall of the School in

various areas.

Further details regarding the Scope of Work will be provided during the Site Meeting. Completed

site-specific drawings will be provided to the successful Proponent following award of this

Contract.

It is the expectation of the Board that the successful Contractor will be responsible for the entire project until all deficiencies have been corrected. The responsibility of the successful Contractor does not end when the project is determined to be substantially complete.





The successful Contractor will be responsible for obtaining all necessary permits. The cost of the permits will be reimbursed by the Board.

The successful Contractor will be responsible for arranging all inspections and completing any necessary work as a result of any such inspections.

The Board will be responsible for taking photographs of the areas of the school that are not included in the scope of work prior to the work commencing to create of visual log of any pre-existing conditions throughout the school.

All sub-trades must be contracted by the successful Contractor in a manner that is compliant with the Broader Public Sector Procurement Directive and all Board Purchasing Policies and Procedures. The successful Contractor must ensure that there a minimum of three (3) quotes are obtained for all sub-trade work valued at over twenty-five thousand dollars ($25,000). The successful Contractor must ensure that an open competitive procurement process is conducted for all sub-trade work valued at over one hundred thousand dollars ($100,000).

Once the work commences, the School and/or parking lot area(s) will become the responsibility of the successful Contractor. No person, Board staff or otherwise, should be permitted to enter the construction area(s) without proper protective gear (i.e. proper footwear, hearing protection, etc.). The successful Contractor will have authority to deny access should it be deemed necessary.

2.1.1. Timelines

Phase One (2021) - Construction is expected to commence on or around June 30, 2021, or as otherwise directed by the Board.

The project shall achieve substantial completion prior to September 3, 2021, unless otherwise approved by the Bluewater District School Board.

Phase Two (2022) - Construction is expected to commence on or around June 30, 2022, or as otherwise directed by the Board.

The project shall achieve substantial completion prior to August 26, 2022, unless otherwise approved by the Bluewater District School Board.

It is the expectation of the Board that the successful Construction Management Firm will mobilize as necessary to meet and/or maintain the project schedule.

2.1.2. Estimated Construction Value

The estimated construction value for each phase of this project is as follows.

Phase One (2021) - $250,000 (two hundred fifty thousand dollars) Canadian Dollars

Phase Two (2022) - $850,000 (eight hundred fifty thousand dollars) Canadian Dollars

2.3 Point of Contact

The successful Contractor must appoint a designated Site Supervisor and Project Manager to act as liaisons between the Board and the Construction Management Firm on all matters relating to the project detailed herein.

It is the Board’s expectation that the successful Contractor’s designated Site Supervisor will become a part of the project after this RFP has been awarded. The designated Site Supervisor





will be expected to attend construction meetings leading up to the beginning of construction. The Site Supervisor will be required to be in attendance at the Place of Work while work is being performed; including the resolution of all deficiencies in accordance with Section GC 3.6., award

5B.

It is the expectation of the Board that the successful Contractor’s designated Project Manager will oversee the project until it is completely finished, including the resolution of all deficiencies.

There shall be no change or substitution of the designated Site Supervisor or Project Manager without the prior written approval of the Board.

2.4 Designated Substances

Designated substances are known to exist in the Board’s schools and buildings. Designated

substances are those designated as hazardous by the Occupational Health and Safety Act and

include Asbestos.

Asbestos is the most common designated substance in Bluewater District School Board

facilities. It is the responsibility of all Contractors and Vendors to make themselves aware of the

Board’s procedure for working near Asbestos. It is the responsibility of all Contractors and

Vendors to make known to themselves where Asbestos designated substance occurs in each

building and to ensure that the health and safety of their workers, our staff and students is not

jeopardized by making contact with any Asbestos and/or other designated substance before,

during or after any repair, installation, alteration or renovation.

It is a requirement that all Contractors/Vendors coming on site make themselves aware of the

location and contents of the Asbestos Inventory Log Book (when applicable) and the Ontario

Regulations in regard to Designated Substances.

A complete Designated Substance Survey (DSS) will be completed for the areas of the School

that are within the project work area. The completed DSS report will be provided to the

successful Contract Manager to ensure all abatement requirements are known.

2.5 Safety

The successful Construction Manager(s) must ensure that all work is carried out in strict

compliance with all applicable regulations of the Occupational Health and Safety Act, Highway

Traffic Act and all other applicable laws.

The successful Construction Manager(s) must ensure all persons performing the work are of

legal age and legally able to work in Canada and have completed the Safety Awareness for

Ontario Workers training.

The successful Construction Manager(s) must ensure that appropriate Personal Protective

Equipment (PPE) is used i.e. hearing protection, protective footwear, safety harness, hard hats,

respirators, Covid-19 related PPE, etc.

The successful Construction Manager(s) must ensure that all original equipment manufacturers

(OEM) guards are in place, in good repair and used, i.e. power take off (PTO) covers, deflector

shields, etc.





The Bluewater District School Board is drug, tobacco and alcohol free workplace. This includes

all facilities, properties and any vehicle on the Board property.

The Smoke-Free Ontario Act, 2017 prohibits the smoking of tobacco, the use of electronic-

cigarettes (e-cigarettes) to vape any substance, and the smoking of cannabis (medical or

recreational) in enclosed workplaces and enclosed public spaces as well as other designated

places in Ontario, to protect workers and the public from second-hand smoke and vapour.

Smoking refers to the smoking or holding of lighted tobacco or cannabis (medical or

recreational).

Vaping refers to inhaling or exhaling vapour from an electronic cigarette or holding an activated

electronic cigarette, whether or not the vapour contains nicotine.

Smoking and vaping is not allowed in public and private schools, including the grounds

associated with the schools, and public areas within twenty (20) metres of any point on the

perimeter of the grounds of the school.

All on-site workers shall follow all Board policies and safety regulations as well as the

regulations of the Smoke-Free Ontario Act, 2017.

The Construction Manager(s) shall be responsible for the enforcement of all Board policies and

safety regulations at all times with his/her workforce and personnel.

For more information on the Smoke-Free Ontario Act, 2017, please visit the Ontario Ministry of

Health and Long-Term Care website https://www.ontario.ca/page/where-you-cant-smoke-

or-vape-ontario

2.6 Condonation Not a Waiver

Any failure by the Board to insist in one (1) or more instances on strict performance by the

Contractor of any of the terms or conditions of the Contract shall not be construed as a waiver

by the Board of the right to require strict performance of any such terms or conditions, and the

obligations of the Contractor with respect to such performance shall continue in full force and

effect.

2.7 Force Majeure

Delays in or failure of performance by either party under these terms and conditions shall not

constitute default hereunder or give rise to any claim for damages if and to the extent caused by

occurrences beyond the control of the party affected, including but not limited to decrees of

Government, acts of God, strikes or other concerted acts by workers, inability to procure

materials or labour, fires, floods, explosions, riots, war, rebellion, sabotage and atomic or

nuclear incidents, but lack of finances shall in no event be deemed to be a cause beyond a

party's control.

In the event that performance of an Agreement, in the reasonable opinion of either party, is

made impossible by force majeure, then either party shall notify the other in writing and the

Board shall terminate the Agreement forthwith and without any further payments being made.

https://www.ontario.ca/page/where-you-cant-smoke-or-vape-ontario

https://www.ontario.ca/page/where-you-cant-smoke-or-vape-ontario





The Board and Proponents acknowledge that in March 2020 the World Health Organization

declared a global pandemic of the virus leading to COVID-19. The Governments of Canada and

the Province of Ontario responded to the pandemic with legislative amendments, controls,

orders, requests of the public, and requests and requirements to the parties to change their

activities in various ways (collectively, the “Governmental Response”). It is uncertain how long

the pandemic, and the related Governmental Response, will continue, and it is unknown

whether there may be a resurgence of the virus leading to COVID-19 or any mutation thereof

(collectively, the “Virus”) and resulting or supplementary renewed Government Response.

Without limiting the foregoing paragraphs, neither the Board nor the successful Contractor shall

be liable to the other or be deemed to be in breach of this Contract for any default or delay in

rendering performance arising out of: (i) the continued spread of the Virus; and (ii) the

continuation of or renewed Governmental Response to control the spread of the Virus.

Dates or times of performance shall be extended to the extent of delays excused by this clause,

provided that the party whose performance is affected notifies the other promptly of the

existence and nature of such delay shall, so far as practicable, use appropriate efforts to

minimize and mitigate the extent, effect and period of any such delay or non-performance.

Further to the Proponent’s covenants and agreements set out above, and notwithstanding any

provisions in the Contract in respect of force majeure events, the successful Contractor hereby

confirms that it has considered the potential implications of the COVID-19 pandemic, and its

ancillary effects, including implications of health protection and state of emergency measures

and restrictions put in place by Federal, Provincial, and Municipal Governments, and other

public authorities, and has taken reasonable measures to assess foreseeable and potential

challenges associated with performance of the Contract and delivery of the Work, including, but

not limited to, challenges associated with shortages of or delays in obtaining materials,

equipment and labour forces. The successful Contractor further confirms that its labour forces

are available to commence the Work; that the materials and equipment required for the delivery

of the Work will be available per standard production and delivery timelines without any undue

delay due to the implications of the COVID-19 pandemic; and that the successful Contractor has

put in place any necessary contingency plans to materially mitigate or negate the effects of the

COVID-19 pandemic on its ability to perform the Work in accordance with the requirements of

the Contract.

2.8 COVID-19 Business Interruption

In response to the spread of infectious disease Covid-19, in March 2020 all businesses in

Ontario other than essential workplaces were required to cease operations under mandatory

closure regulation under the Emergency Management and Civil Protection Act (Ontario). These

measures were reinstated in January 2021 and again in April 2021 with a new Stay-at-Home

Order, issued by the Provincial Government of Ontario, as a result of the on-going COVID-19

Pandemic.

Due to uncertainty regarding the interpretation of essential construction work and services

permitted during any potential mandatory closures, and the broader uncertainty regarding the





effect of Covid-19 on the Board’s resources, the execution by the Board’s contract documents

and/or the dates and time of day when the work is anticipated to be commenced and completed

are subject to change at the Board’s sole discretion or as mandated by the Provincial or Federal

Governments..

Submitting a response to this Request for Proposal is acknowledgment that you will be able to

carry out the works as specified.

3 Written Submission Package

Each Proponent shall submit the documentation outlined below as part of the response to this Proposal. The submission should follow the exact order listed below and should be clearly titled and identifiable. Submissions should include but not necessarily be limited to the following:

3.1 Request for Proposal/Certificate of Bidder Form

Each Proponent must complete and sign the Request for Proposal/Certificate Form (page 2) as per the instructions provided on that Form.

3.2 Appendix A - Authorization and Addendum Acknowledgement Form

Each Proponent must complete and sign the Authorization and Addendum Acknowledgment Form as per the instructions provided within Appendix A.

3.3 Appendix B - Conflict of Interest Disclosure Statement

Each Proponent must complete and sign the Conflict of Interest Disclosure Statement as per the instructions provided within Appendix B.

3.4 Appendix C - Summary of Site Supervisor’s Qualification & Experience

Each Proponent should provide a detailed summary of the Site Supervisor’s qualifications and experience as per the instructions provided within Appendix C.

3.5 Appendix D - Summary of Project Manager’s Qualification & Experience

Each Proponent should include a detailed summary of the Project Manager’s qualifications experience as per the instruction provided within Appendix D.

3.6 Appendix E - Summary of Business Qualifications

Each Proponent should include a brief overview of their company that will demonstrate their experience, certifications, qualifications, etc. as per the instruction provided within Appendix E.

3.7 Appendix F - CCDC Document No. 11

Each Proponent should provide a completed copy of CCDC Document No. 11, The Canadian Standard Form of Contractors Qualification Statement for Building Construction as per the instructions provided within Appendix F.





3.8 Appendix G - Confirmation of WSIB and Insurance

Each Proponent must submit a current Certificate of Insurance or a letter from the Proponent’s authorized Signing Officer providing confirmation that all Insurance Requirements of this RFP will be met and/or exceeded if awarded this Contract as per the instructions provided within Appendix G.

3.9 Appendix H - Surety Letter

Each Proponent must submit a Surety Letter in accordance with the instructions provided within Appendix H.

3.10 Appendix I - References

Proponents must complete Appendix I – References by providing a minimum of three (3) references for which the Proponent has completed a project of similar size and similar scope within the last five (5) years.

3.11 Appendix J - Confirmation of Indemnity

Each Proponent must complete and sign the Confirmation of Indemnification as per the instructions provided within Appendix J.

3.12 Appendix K - Acknowledgement of the Board’s Standard Terms and Conditions

Each Proponent must complete and sign the Acknowledgement of the Board’s Standard Terms and Conditions Appendix as per the instructions provided within Appendix K.

3.13 Appendix L - Confirmation of Lump Sum Contract

Each Proponent must confirm that the project(s) can be turned into a lump sum contract once the final construction costs are established as per the instructions provided within Appendix L.

3.14 Appendix M - Pricing and Fee Form

Each Proponent must complete the Pricing and Fee Form by expressing the Construction Management Fee as a percentage of the estimated construction cost in accordance with the instructions provided within Appendix M and as detailed in Section 6.1 of this RFP.

3.15 Appendix N - Project Work Plan

Each Proponent should submit a detailed Project Specific Work Plan. The Project Work Plan should be submitted in accordance with the instructions provided within Appendix N.

The Project Work Plan will be scored as part of the Stage 2 Evaluation. Please see Section 7.3.5 for additional detail.

3.16 Appendix O – COVID-19 Safety Plan

Each Proponent must submit a COVID-19 Safety Plan which outlines the industry approved processes and procedures that will be followed while completing this project for the Board.





3.17 Appendix P –Submission Checklist

Each Proponent should complete and submit the Submission Checklist to ensure that all required components of the submission package are completed, signed and included with the Proponent’s response to this RFP for Construction Management Services.

4 Submission

4.1 Submission of Response

Proponents must submit one (1) original paper copy of the Non-Financial Criteria and one (1) original paper copy of Appendix M – Pricing and Fee Form.

Proponents are also requested to submit one (1) electronic copy of the Non-Financial Criteria and one (1) electronic copy (USB Flash Drive/Memory Stick) of Appendix M- Pricing and Fee Form.

All Proponents are asked to submit their Proposals using two (2) envelopes. One envelope should contain the Non-Financial Criteria and the other envelope should be designated for Appendix M – Pricing and Fee Form. Each envelope should be sealed and clearly marked ‘RFP 21-00115 Construction Management Services for Grey Highlands Secondary School’

All responses must be submitted, on or before the submission deadline, to the attention of the Document Coordinator at;

Shared Purchasing Consortium of Grey Bruce Attention: Tammy Squires, RFP 21-00115 – Construction Management Grey Highlands 799-16th Ave HANOVER, Ontario N4N 3A1

4.2 Attachments and Appendices

All Attachments, Appendices and Schedules should be completed and submitted in accordance with the instructions set out in this RFP. No embedded hyperlinks to online literature about the Product or Service(s) are permitted.

Where indicated the submitted response and all Appendices must be signed by an authorized representative of the Proponent.

4.3 Submission Requirements

a) The Mandatory Intent to Respond Form must be completed, signed and submitted to the Document Coordinator on or before 3:00:59 p.m. on April 26, 2021.

b) Proponents must submit the Proponent Submission Package as detailed in Section 3 of this Request for Proposal including required Appendices.

c) Submissions will be reviewed to ensure they comply with all mandatory requirements. Submissions which do not comply with all mandatory





requirements may, subject to the express and implied rights of the SPSCGB, be disqualified and will not be evaluated any further.

d) The response should be completed on the forms provided, as applicable. The Board reserves the right to withhold consideration of a response not so submitted.

e) The RFP name, number, and Proponent's company name should be clearly shown on the outside of both and/or all envelopes.

f) Facsimile and/or electronic mail copies will not be accepted, unless otherwise directed by the SPSCGB by way of formal Addendum.

g) All Submissions received after the closing date and time, according to the date and time recorded at the Reception Desk of the Bruce-Grey Catholic District School Board Education Centre, will not be considered and will be returned unopened if a return address is indicated on the outside of the envelope/package.

h) The SPSCGB encourages Proponents to submit documents that have pages numbered sequentially, divided into easily identifiable sections; duplex printed and bound using the least amount of materials possible.

i) If any changes, restrictive clauses or non-conforming conditions are entered on the Boards’ Official form by the Proponent(s), either electronically or manually, or if any reference is made on said form, which changes or contravenes the Boards’ conditions in any way, then, the response shall be considered non-compliant. However, documentation stating the Proponent’s conditions may be enclosed with the Proposal and will be deemed to have no effect on the Boards’ stated conditions.

j) All Submissions must be signed, in the space provided, in ink, in longhand by the Proponent(s) and the Board may accept the signature as that of a person who is authorized to make a valid Submission for the Proponent(s).

4.4 Completeness of Submission

The Proponent(s) confirms that all components required to use and/or manage the services detailed within this RFP have been identified in its Submission or will be provided to the Board at no additional charge. Any requirement that may be identified by the Proponent after the Submission Deadline or subsequent signing of the Contract shall be provided at the Proponent’s expense.

4.5 Submission Opening

Proponents are advised that there will not be a public opening for this RFP. The Board will open Proposals at a time subsequent to the Proposal Submission Deadline.





4.6 Withdrawal of Submissions during Submission Opening

If more than one Submission is received under the same name for the same RFP, and no withdrawal notice has been received, the Submission contained in the envelope bearing the latest date and time stamp shall be considered the intended Submission. The first Submission received shall be considered withdrawn and returned to the Proponent in the usual manner.

A Proponent(s) may request that a submitted proposal be withdrawn (adjustments or corrections to a submitted proposal will not be allowed). The withdrawal shall be allowed if the request is received before the closing time for this RFP. Withdrawal requests must be directed to the Document Coordinator at the Shared Purchasing Service Consortium of Grey-Bruce, by letter, facsimile (FAX) or in person. Telephone requests will not be considered.

Withdrawal requests received after the RFP closing time will not be allowed. The party concerned shall be informed by letter that the withdrawal request arrived too late for consideration.

The withdrawal of a Submission does not disqualify a Proponent(s) from submitting another Submission to the same RFP prior to the specified closing time. Each Submission must be complete in and of itself and must not rely on or refer to previously submitted Submissions for any required documentation.

5 General

5.1 Information in RFP

The Board and its advisers make no representation, warranty, or guarantee as to the accuracy of the information contained in this RFP or issued by way of Addenda. Any quantities shown or data contained in this RFP or provided by way of Addenda, are estimates only and are for the sole purpose of indicating to Proponents the general size of the work.

It is the Proponent's responsibility to avail itself of all the necessary information to prepare a response to this RFP.

5.2 Proponents Shall Bear Their Own Costs

The Proponent(s) shall bear all costs associated with or incurred in the preparation and presentation of its response including, if applicable, costs incurred for interviews, demonstrations and/or site visits.

5.3 Proponents to Review RFP

Proponents shall promptly examine all documents comprising this RFP and

a) shall report any errors, omissions or ambiguities; and

b) may direct questions or seek additional information in writing by e-mail to the SPSCGB on or before the Proponent’s Deadline for Questions. All questions submitted by potential Proponents by email to the Document Coordinator shall be deemed to be received once the email has entered into the Document Coordinator’s email inbox. No such communications are to be directed to anyone other than the specified SPSCGB Contact. The SPSCGB and the Board are





under no obligation to provide additional information but may do so at its sole discretion.

5.4 Clarification

It is the responsibility of the Proponent to seek clarification on any matter that they consider unclear before submitting a Proposal. The Board is not responsible for any misunderstanding of the RFP on the part of the Proponent.

Any questions or requests for clarification regarding this RFP must be submitted in writing, via email, to the Document Coordinator prior to the deadline for issuing questions on April 29, 2021 at 3:00:59 p.m. EST to;

[email protected]

Proponents shall not communicate with or attempt to communicate with any employee or agent of the Board other than the Document Coordinator or specified designate.

To maintain an open and transparent process, any inquiry received from Proponents may be shared with all Proponents who have expressed an interest in the Request for Proposal. Any information being shared with all Proponents will not include the source of inquiry, only the question and answer.

Under no circumstance shall the Proponent rely upon any information or instructions from the Board or its employees, unless the information or instructions are provided in writing and issued by the SPSCGB.

5.5 Proponent Interview

The Board, at its discretion, may request an interview with one or more Proponents. The purpose of the interview(s) will be to clarify Proponent submissions. No new information will be permitted to be presented to the Board during the interview process.

5.6 Acceptance of RFP

By submitting a Proposal, a Proponent agrees to accept and to be bound by all terms and conditions contained in the RFP, and by all representations, terms and conditions contained in his/her Proposal.

5.7 Contractor Substitutes

Any awards made by the Board cannot be sub-contracted or reassigned without the express written permission of the Board before the sub-contractor is permitted to proceed.

The Board will not be held responsible for contract disputes between the awarded Proponent and any sub-contractor hired by the awarded Contractor.

The successful Proponent must ensure that any sub-contracted trades are procured in compliance with the Broader Public Service Procurement Directive.

5.8 Errors or Omissions

Unless requested otherwise, all goods/services, as applicable, must be new, of current design and production, and must conform to the specifications as presented in the Submission and/or as understood and agreed to by the Board at the time of order. Should anything be omitted from





the specifications, necessary to the proper performance of ordered goods/services, or should any error or disagreement of the specifications exist, or appear to exist, the Proponent(s) shall not avail himself or herself of any manifestly unintentional error or omission, but must have the same explained or adjusted before the submission of a Response. In the event that the Proponent(s) fails to give written notice of such error, etc., Proponent(s) shall, at own expense, make good the omission or deficiency by supplying the proper equipment or materials, labour, etc., and make good any change to, or defect in, the fabricated units caused by such omission.

5.9 Addenda

Additions, changes, deletions, or revisions that are considered, at the sole discretion of the SPSCGB, to alter the intent or terms contained in this RFP will be issued as a formal Addendum.

All Proponents who have submitted the Mandatory Intent to Respond Form (page 3) to the RFP Document Coordinator will receive all Addenda via email. All Addenda will be published on the Board website at http://www.bwdsb.on.ca and on http://www.merx.com/

Any Addenda issued will be governed by the terms and conditions in this RFP. All Addenda will be issued at least seven (7) days prior to the closing date. If an Addendum is issued within seven (7) days of the closing date, the closing date may be extended. Interpretations, corrections or changes in the RFP documents made in any other manner will not be binding and Proponents shall not rely upon such interpretations, corrections or changes.

It is the sole responsibility of the Proponent to ensure they have received any Addenda that have been issued.

Proponents must submit confirmation of receipt of all Addenda issued, if applicable, with their submission by including a signed copy of each issued Addenda with their response.

5.10 Construction Manager’s Performance

The SPSCGB and the Bluewater District School Board will monitor the performance of the successful Contractor throughout the life of the Contract. Should the SPSCGB and/or the Board determine in its sole and unfettered discretion that the performance of the successful Contractor is not meeting the requirements of the Contract a written Notice of Non-Performance will be provided to the Contractor. The awarded Construction Manager will have the opportunity to address and/or remedy any and all performance issues. If a second Notice of Non-Performance is issued, whether related to the same default or as a result of a separate occurrence, the SPSCGB and/or the Board reserves the right to discontinue the services of the awarded Contractor and exclude the Contractor from submitting responses to all future opportunities for a period not less than two (2) successive years from the date of the second notice.

The Board reserves the right to discontinue the services of a successful Proponent at any time during the Contract, if performance is found to be unsatisfactory or if the awarded Construction Manager is criminally charged under the “vulnerable sector” laws.

http://www.bwdsb.on.ca/

http://www.merx.com/





5.11 Criminal Background Check

It is mandated by the Board, that all persons who come in regular and direct contact with students or are in a “position of trust or authority” with students shall obtain a Police Vulnerable Sector Check (PVSC) or a Vulnerable Sector Screening (VSS), as performed by local police authorities.

By submitting a response, the successful Contractor agrees to obtain, if requested, a Police Vulnerable Sector Check or Vulnerable Sector Screening for all employees/contracted persons who will be working at any Board location, prior to any work commencing. The successful Proponent further agrees that they will obtain an Offense Declaration from each employee/contracted person on an annual basis, which would confirm that no new offenses have occurred since the VSS was completed.

The successful Proponent also agrees that, in the event that the results from the PVSC or VSS of any employee/contracted person discloses any offenses which, in the absolute discretion of the Board, could cause concern to the Board as to the safety and well-being of the student(s), the successful Proponent shall not permit any such employee/contracted person to work at any Board premises, whether owned or leased, in the provision of the services identified in the contract. In the event that the successful Proponent does use or permit any such employee/contracted person to provide any of the services as identified in the contract, the Board may, in its sole discretion, treat the contract at an end and may charge back to the Proponent any costs associated with obtaining replacement services for the otherwise remaining portion of the term.

5.12 Insurance and WSIB

The successful Proponent, at its own cost and expense, will be required to put into effect and maintain for the duration of the Contract all necessary and appropriate insurance for delivering the services outlined in this RFP.

This may require the successful Proponent to obtain and/or maintain (at minimum), at their own expense, the following policy or policies of:

a) Commercial General Liability Insurance with a limit of not less than five million dollars ($5,000,000) per occurrence;

b) Automobile Liability Insurance for owned, hired, and non-owned vehicles with an inclusive limit of not less than two million dollars ($2,000,000) per occurrence or such greater amount as the Board may reasonably require.

c) Products and completed operations

d) Contractual liability coverage

e) Cross-liability clause

The policy or policies will remain in effect for the duration of the Contract and shall include the following:

• The Bluewater District School Board must be named as an Additional Insured;

• Thirty (30) days prior written notice of any change, termination and/or cancellation.





If the Board, acting reasonably requires the amount of coverage increased, if it requires the Proponent to obtain other special insurance or if it requires any policy to be extended in respect to an assignment, then the successful Proponent shall obtain such extended, increased or special insurance at their own expense.

The successful Proponent must provide proof of Liability Insurance in the amount of five million dollars ($5,000,000). Notwithstanding the successful Proponent shall understand that insurances shall be provided in accordance with the CCDC 5B and the CCDC 2 Stipulated Price Contract documents upon entering into such an Agreement with the Board.

Should it be required, the cost associated with Builders Risk Insurance should not be included in the Construction Management Fee. Proponents are to provide proof of ability to provide Builder’s Risk Insurance. The provision of Builder’s Risk Insurance will be reviewed as part of the Construction Management Budgeting process. Builder’s Risk Insurance costs will be addressed outside of the Construction Management Fee percentage.

The successful Proponent shall, at their own expense, obtain and maintain Workplace Safety and Insurance Board (WSIB) coverage for their employees as required by Workplace Safety and Insurance Act (“WSIA”). Proponents who are required to carry WSIB coverage under the legislation must be eligible for a Certificate of Clearance from WSIB upon acceptance of the Proposal, prior to commencing any work. The successful Supplier may supply their WSIB account number to the Board, with their response to this RFP, so that the Board may obtain a Certificate of Clearance for the successful Proponent from the WSIB web service.

All Subcontractors, as approved by the Board, must meet and/or exceed all insurance and WSIB requirements as outlined in this RFP.

5.13 FIPPA and MFIPPA

The Proponent agrees that all documentation and information submitted becomes the property of the SPSCGB and may be subject to disclosure under the terms of the Freedom of Information and Protection of Privacy Act (FIPPA) and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

The SPSCGB can in no way be responsible for any interpretation of the provision of this Act. If any Proponent believes any part of its submission reveals any trade secret, any intellectual property right policy, scientific, technical, commercial, financial or labor relations information, or any other similar secret, right or information belonging to the Proponent(s), and if the Proponent(s) wishes the SPSCGB to attempt to preserve the confidentiality of such, it must clearly designate their submission as CONFIDENTIAL.

The Proponent assigns all right, title and interest that it has in the submission to the SPSCGB, including the right to copy and/or publish the same as the SPSCGB sees fit.

Furthermore, the Proponent agrees, to the extent FIPPA and MFIPPA are applicable to the Proponent in connection with the provision of the deliverables:

a) to keep records secure;

b) to provide Records to the Board within seven (7) calendar days of being directed to do so for any reason including an access request or privacy issue;

c) not to access any Personal Information unless the Board determines, in its sole discretion, that access is permitted under FIPPA or MFIPPA and is necessary in order to provide the deliverables;





d) not to directly or indirectly use, collect, disclose or destroy any Personal Information for any purposes that are not authorized by the Board;

e) to ensure the security and integrity of Personal Information and keep it in a physically secure and separate location safe from loss, alteration, destruction or intermingling with other records and databases and to implement, use and maintain the appropriate products, tools, measures and procedures to do so;

f) to restrict access to Personal Information to those of its employees who have a need to know it and who have been specifically authorized to have such access for the purpose of providing the deliverables;

g) to implement other specific security measures that in the reasonable opinion of the Board would improve the adequacy and effectiveness of the Proponent’s measures to ensure the security and integrity of Personal Information and Records generally;

h) that any Confidential Information supplied to the Board may be disclosed by the Board where they are obligated to do so under FIPPA or MFIPPA as appropriate, by an order of a court or tribunal or pursuant to legal proceeding;

and, the provision of this paragraph shall survive any termination or expiry of the Contract and shall prevail over any inconsistent provisions in the Contract.

5.14 PIPEDA

The Proponent represents and warrants that if it is or becomes subject to any private sector legislation during the Term it will be solely responsible for compliance with such legislation. Without limitation, the Proponent represents and warrants that if it is subject to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, including any further amendments thereto (PIPEDA):

a) it and all of the Proponent’s sub-contractors shall ensure the PIPEDA compliance of all PIPEDA Protected Information it collects directly from individuals or indirectly from the Board or others, uses or discloses in the course of performing their obligations under this Agreement; and,

b) without limitation it shall ensure the PIPEDA compliance of all PIPEDA Protected Information it transfers or discloses to the Board.

5.15 Section 217 Education Act

The Proponent represents and warrants that it has not employed, and that it will not during

the Term of the Contract employ, any teacher, supervisory officer or other employee of an

Ontario District School Board or of the Ontario Ministry of Education to promote, offer for

sale or sell, directly or indirectly, any book or other teaching or learning materials,

equipment, furniture, stationery or other article to any Ontario District School Board,

Provincial School or Teachers' College, or to any pupil enrolled therein, and that it has not

given or paid, and will not during the Term of Agreement give or pay, directly or indirectly,

compensation to any such teacher, supervisory officer or employee for such purpose.

The Proponent further represents and warrants that it has not employed, and that it will not

during the Term of Agreement employ, any member of faculty or other employee of an





Ontario College or University to promote, offer for sale or sell, directly or indirectly, any

book or other teaching or learning materials, equipment, furniture, stationery or other article

to any Ontario College or University, or to any student enrolled therein, and that it has not

given or paid, and will not during the Term of Agreement give or pay, directly or indirectly,

compensation to any such member of faculty or employee for such purpose where such

employment or compensation would place the member of faculty or employee in a Conflict

of Interest with the College or University by which he or she is employed.

5.16 AODA

The Board is committed to the highest possible standards for accessibility. The

Proponent(s) must be capable of recommending and delivering, as appropriate,

accessibility consistent with the Ontario Human Rights Code (“OHRC”), the Ontarians with

Disabilities Act, 2001 (“ODA”) and the Accessibility for Ontarians with Disabilities Act

(“AODA”) and their respective regulations in order to achieve accessibility of Ontarians with

disabilities. In accordance with Ontario Regulation 429-07 made under the AODA

(Accessibility Standards for Customer Service), the Boards have established policies,

practices and procedures governing the provision of its goods and services to persons with

disabilities. These policies, practices and procedures are available for review at:

http://www.bwdsb.on.ca/Director/Policies_Procedures_Index and

http://www.bgcdsb.org/UserFiles/Servers/Server_5912063/File/Admin/Board%20Policy%20Man

ual0316.pdf

Proponents are required to comply with the Boards’ accessibility standards, policies,

practices and procedures, as some may be in effect during the terms of the Agreement and

apply to the goods and services to be provided by the Proponent.

5.17 Reserved Rights and Governing Law of the Board

In addition to any other express rights or any other rights, which may be, implied in the circumstances, the Board reserves the right to:

• Make public the names of any or all Proponents

• Request written clarification or the submission of supplementary written information from

any Proponent and incorporate such clarification or supplementary written information

into the Proponent’s submission, at the Board’s discretion, provided that any clarification

or submission of supplementary written information shall not be an opportunity for the

Proponent to correct errors in its Proposal or to change or enhance the Proponent’s

Proposal in any material manner.

• Waive formalities and accept Proposals that substantially comply with the requirements

of this RFP, in the Board’s sole discretion.

• Disqualify any Proponent whose Proposal contains misrepresentations or any other

inaccurate or misleading information, or any Proponent whose reasonable failure to co-

http://www.bwdsb.on.ca/Director/Policies_Procedures_Index

http://www.bgcdsb.org/UserFiles/Servers/Server_5912063/File/Admin/Board%20Policy%20Manual0316.pdf

http://www.bgcdsb.org/UserFiles/Servers/Server_5912063/File/Admin/Board%20Policy%20Manual0316.pdf





operate with the Board impedes the evaluation process, or whose Proposal is

determined to be non-compliant with the requirements of this RFP.

• Disqualify a Proposal where the Proponent has or the Principals of a Proponent have

previously breached a Contract with the Board, or has otherwise failed to perform such

Contract to the reasonable satisfaction of the Board, the Proponent has been charged or

convicted of an offence in respect of a Contract with the Board, or the Proponent reveals

a Conflict of Interest or Unfair Advantage in its Proposal or a Conflict of Interest or

evidence of any Unfair Advantage is brought to the attention of the Board.

• Disqualify any Proposal of any Proponent who has breached any Applicable Laws or

who has engaged in conduct prohibited by this RFP, including where there is any

evidence that the Proponent or any of its employees or agents colluded with any other

Proponent, its employees or agents in the preparation of the Proposal.

• Make changes, including substantial changes, to this RFP provided that those changes

are issued by way of Addenda in the manner set out in this RFP.

• Accept or reject a Proposal if only one (1) Proposal is submitted.

• Reject a sub-contractor proposed by a Proponent.

• Select any Proponent other than the Proponent whose Proposal reflects the lowest cost

to the Board.

• Cancel this RFP process at any stage and issue a new RFP for the same or similar

requirements, including where:

o The SPSCGB determines it would be in the best interest of the Board not to

award an Agreement

o The Proposal prices exceed the prices received by the SPSCGB for services

acquired of a similar nature and previously done work

o The Proposal prices exceed the costs the Board would incur by doing the work,

or most of the work, with its own resources

o The Proposal prices exceed the funds available for the Products and/or Services

• Where the SPSCGB cancels this RFP, the SPSCGB may do so without providing

reasons, and the SPSCGB may thereafter issue a new Request for Proposal, Request

for Tender, Sole Source, Single Source or do nothing.

• Discuss, with any Proponent, different or additional terms to those contained in this RFP

or in any Proponent’s Proposal.

• Reject any or all Proposals in its absolute discretion, including where a Proponent has

launched legal proceedings against the Board or is otherwise engaged in a dispute with

the Board.





5.18 Rights of the Board – Preferred Proponent

In the event that the successful Proponent fails or refuses to execute the Agreement within five (5) days from being notified of its award, the SPSCGB may, in its sole discretion:

• Extend the period for concluding the Agreement, provided that if substantial progress

towards executing the Agreement is not achieved within a reasonable period of time

from such extension, the Board may, in its sole discretion, terminate the discussions.

• Exclude the preferred Proponent’s Proposal from further consideration and begin

discussions with the next highest ranked Proponent without becoming obligated to offer

to negotiate with all Proponents.

• Exercise any other applicable right set out in this RFP, including but not limited to,

cancelling the RFP and issuing a new RFP for the same or similar services.

The Board may cancel this RFP in the event a preferred Proponent fails to obtain any of the permits, licenses, and/or certifications required pursuant to the RFP.

5.19 Period of Irrevocability

All submissions and/or responses to this RFP shall remain open for acceptance and shall remain irrevocable for a period of sixty (60) days from the closing date of this RFP.

5.20 Response to Be Retained by the Board

The Board will not return the Response, or any accompanying documentation submitted by a Proponent.

5.21 Term and Termination

Construction is expected to commence on the dates specified in Section 2 upon the award of the Contract as a result of this RFP.

Proponents are advised that regular school hours of occupancy and use must be accommodated throughout the work at this location.

Notwithstanding anything elsewhere herein set out, in the event that a successful Contractor does not, in the opinion of the Board, comply with the specifications and terms and conditions at any time throughout the duration of a Contract, or if the Board, at its sole and unfettered discretion, determines that either the service or the equipment provided by a successful Contractor is unsatisfactory at any time during the term of a Contract, the Board reserves the right to immediately terminate the Contract in its entirety.

The Proponent(s) may be considered to be failing to perform its obligation due to, but not limited to, the following situations:

a) Multiple extensions of milestone or completion dates requested.

b) Repeated instances of substandard quality.

c) Prices increased beyond that of the general industry standard or by the Terms outlined in the Agreement.

d) Failure to provide adequate service to the Board.





e) Failure to meet the requirements of the Agreement.

f) Failure to maintain a safe work environment.

g) Failure to provide sufficient forces to satisfy the expectations of the Board.

h) Failure to follow and uphold Board Policy and Procedure.

5.22 Dispute Resolution

In the event of any dispute or claim arising between the Board and the Proponent(s) as to their respective rights and obligations under a Contract, either party may give the other written notice of such dispute or claim.

The notification of dispute or claim shall be made within fourteen (14) days of the dispute or cause of action arising. If dispute or claim cannot be resolved through negotiation to the satisfaction of both parties, the parties may between themselves agree to submit the particular matter to arbitration in accordance with the laws of Ontario.

If no agreement is made for arbitration, then either party may submit the dispute to such judicial tribunal as the circumstances may require.

5.23 Proponent Debriefing

Proponents may request a debriefing after receipt of an Award Notification. All requests must be made in writing, by email, to the Shared Purchasing Service Consortium of Grey-Bruce Contact and must be made within sixty (60) days of Notification of Award.

The intent of the debriefing information session is to aid the Proponent in presenting a better submission in subsequent opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process.

6 Pricing and Invoicing

6.1 Pricing

The Construction Management Fee must be expressed as a percentage of the construction cost. Fee structure to include all costs for:

a) Construction Management fee for 100% of the work including the correction of all deficiencies

b) All Construction Manager office and/or administration expenses

c) The cost of a designated Site Supervisor for the project shall be included in the Construction Management Services percent fee.

d) The cost of a Project Manager for the project shall be included in the Construction Management Services percent fee.

e) All communication costs including mail, fax, telephone, email, computer, etc.

f) All required insurance costs, with the exception of Builder’s Risk Insurance

g) Any additional insurance costs





h) All vehicle costs including capital and operating costs

i) Pre and post construction management services

j) All subcontracts to be held by the Construction Manager

k) All change notices, field instructions, drawing and shop drawing co-ordination and review

l) All quality control site safety and housekeeping and commissioning

m) Scheduling of all inspections, sampling, and obtaining clearance letters associated with the asbestos abatement to allow work to proceed in an efficient and effective manner

n) Reimbursable expenses and construction work by own forces are not to be included in the fee. The services outlined in Schedule 2 are deemed to be included in the fee. The successful Proponent’s services (and proposed fee) are to include the management of all sub-trades, project accounting and progress billings, etc. as stated in Schedule 2 attached.

o) In order to utilize own forces, Construction Managers must submit quotations for work specified based on a competitive procurement procedure unless released of this obligation by the Bluewater District School Board.

p) Harmonized sales tax (HST) is not included in the percent fee for the Construction Management Services and will be added separately to the Construction Manager’s invoices.

q) The cost of the Performance Bond and the Labour and Materials Bond should not be included in the Construction Management Fee. Proponents are to provide proof of ability to Bond. The provision of Bonding will be reviewed as part of the Construction Management Budgeting process. Bonding costs will be addressed outside of the Construction Management Fee percentage.

6.2 Invoice Procedures for Bluewater District School Board

Invoices must be submitted to the Project’s Prime Consultant. The Prime Consultant, along

with the Sub-Consultants, will review the invoices based on work completed to date and

supplies delivered to the site. Once the invoice has been approved by the Prime

Consultant, a Certificate for Payment will be created and submitted to the Board for review

and processing.





7 Evaluation and Award

7.1 Evaluation

Proponents shall reply to the Request for Proposal (RFP) in sufficient detail to provide a

basis for evaluation. Any submitted responses not compliant with the terms of this Request

for Proposal and minimum requirements specified will not be considered. Proper reference

should be made to the specific section of the RFP whenever possible in your response.

Submissions will be evaluated based on the requirements contained herein and according

to the criteria noted below. Submissions must meet mandatory evaluation criteria prior to

being evaluated on price and other scored criteria.





7.2 Stage One – Evaluation of Mandatory Criteria

The following sections are Mandatory and must be submitted with each Proponent’s

response to this RFP in order for the submission to proceed to the next stage of Evaluation.

Appendix Requirement

N/A Mandatory Intent to Respond Form To be submitted by 3:00:59 p.m. on April 26, 2021

N/A Certificate of Bidder

Appendix A Authorization & Addendum Acknowledgement Form

Appendix B Conflict of Interest Disclosure Statement

Appendix G Confirmation of WSIB and Insurance

Appendix H Surety Letter

Appendix I References

Appendix J Confirmation of Indemnification

Appendix K Acknowledgement of the Board’s Standard Terms & Conditions

Appendix L Confirmation of a Lump Sum Contract

Appendix O COVID-19 Safety Plan

N/A Signed Copy of each posted Addendum (if applicable)





7.3 Stage Two – Evaluation of Non-Financial Criteria

7.3.1 Summary of Site Supervisor Qualification and Experience

Based on Appendix C of this RFP.

a) Number of consecutive years working as a primary Site Supervisor

1-2 Years 1 Point

3-4 Years 3 Points

5 or More Years 5 Points

b) Number of projects completed, New Builds or Renovations, during the last five (5) years with a value over $500,000 for clients that operate Educational facilities

1-2 Projects 1 Point

3-4 Projects 3 Points

5 or More Projects 5 Points

c) Site Supervisor has additional certification and/or education, including Asbestos Abatement, Working at Heights, CPR/First Aid, Health & Safety Training, etc. (copies of certificates must be provided)

No 0 Points

Yes 3 Points





7.3.2 Summary of Project Manager Qualification and Experience

Based on Appendix D of this RFP.

a) Number of consecutive years working as a primary Project Manager

1-2 Years 1 Point

3-4 Years 3 Points

5 or More Years 5 Points

b) Number of projects completed, New Builds or Renovations, during the last five (5) years with a value over $500,000 for clients that operate Educational facilities

1-2 Projects 1 Point



d) Project Manager has additional certification and/or education, including Asbestos Abatement, Working at Heights, CPR/First Aid, Health & Safety Training, etc. (copies of certificates must be provided) c)

No 0 Points

Yes 2 Points





7.3.3 Construction Management Review (Based on Completed CCDC Document No. 11)

a) List of Educational/Institutional Projects completed within the last five (5) years for any School Board, including the Bluewater District School Board

Based on Appendix A of the completed CCDC document

1 Project 1 Point



b) Percentage of Contractor work or experience is alterations or renovations to School or Educational projects (within last 5 years).

Based on the total number of projects listed on Appendix B of the completed CCDC Document No. 11

0% -33% 1 Point

34% - 66% 2 Points

67% - 100% 5 Points

7.3.4 Business Summary

Based on Appendix E of this RFP.

Number of years in business 1 Point

Number of school Renovations Completed 1 Point

Number of safety infractions or Ministry of Labour Concerns 1 Point

Number of BWDSB projects completed on time/budget 1 Point

If the Contractor has never completed work for the Board, the References provided on Appendix I and/or within the CCDC Document, may be contacted.





7.3.5 Project Specific Work Plan

Based on Appendix N of this RFP.

Ability to Gather Resources 2 Points

Demonstration of Understanding of School Environment 3 Points

Demonstration of RFI Process Understanding 1 Point

Change Management Plan 1 Points

Quality Management Plan 2 Points

Schedule Management Plan 5 Points

Project Closeout Strategy 2 Points

Total Available Points for Stage Two – Scoring of Non-Financial Criteria…….55 Points

7.4 Stage Three – Evaluation of Financial Criteria

7.4.1 Construction Management Fee

Each Proponent who advances to the Evaluation of the Financial Criteria will receive a

percentage of the total possible points allocated to price for Services by dividing that

Proponent’s proposed fee for the Services by the lowest proposed fee submitted for the

Services.

For evaluation purposes, the Board will average the percentage proposed by each

Proponent for Phase One and Phase Two to determine the Proponent’s proposed fee for

the Services to be used in the calculation below.

Lowest Fee **Points thereafter are calculated --------------- X Total Points = Final Financial Score

Proposed Fee Total Available Points for Stage Three –Scoring of Financial Criteria…………… 15 Points

7.5 Summary of Scoring

Stage One Mandatory Criteria Pass or Fail Stage Two Non-Financial Criteria 55 Available Points Stage Three Financial Criteria 15 Available Points

Total…………………………………………………………………….…..…70 Available Points





7.6 Award

A Contract will be awarded to the highest scoring Proponent who has met all requirements

of this RFP.

The SPSCGB reserves the right, in its sole discretion, to award the Contract(s) in whole or

in part to more than one Contractor if it is in the best interest of the Boards to do so.

The Successful Contractor(s) submits and agrees that the terms and conditions of this RFP

shall form the basis of a Contract for the provision of the goods and services described

herein. It is further understood that the Board will not enter into or execute any other

documentation which may be submitted by the selling agency upon the award of a

Contract.

Lowest price does not necessarily constitute an Award, but rather, the highest score which

shall be based on, but not limited to, a combination of quality and price and other evaluation

criteria as described herein.

Where more than one Proposal is received for the same price and quality of items or

services, the Contract will be awarded at the sole and complete discretion of the Board.

The Shared Purchasing Service Consortium will issue an Award Notification Letter to the

Preferred Proponent(s), if any.

The Construction Management Contract for this project will initially be the CCDC 5B

Construction Management Contract during the pre-construction phase. Once all tenders

have been awarded to all sub-trades, and the final Contract amount has been determined,

the CCDC 5B Contract may be flipped to a CCDC 2 Stipulated Price Contract.

It is the expectation of the Board, that the successful Contractor will follow the requirements

as outlined in the CCDC 5B document.

7.7 Notification to Other Proponents of Outcome of RFP Process

Once the Preferred Proponent(s) and Board execute the Agreement, an Award Notification

Letter, including the name of the Preferred Proponent(s), will be issued in writing to the

unsuccessful Proponents.





Appendix A – Authorization & Addendum Acknowledgement Form

I/we acknowledge having read, understood and agree to comply with all the terms and conditions contained in this RFP and, Addenda No. to inclusive, and the Submission provided incorporate such Addenda; (If applicable).

I/we further acknowledge that I/we have the authority to bind the organization submitting this Response.

*Please Print Clearly or Enter Information Electronically*

Full Legal Company Name:

Any Other Relevant Name under which the Proponent Carries on Business:

Jurisdiction under which the Proponent is Governed:

Street Address:

City/Province/State:

Postal Code:

Telephone Number:

Company Website (if any):

RFP Contact Person Name:

RFP Contact Person Title:

RFP Contact Person Email:

Authorized Signature:

INDIVIDUAL CONTACT NAMED ABOVE MUST BE AUTHORIZED TO SIGN ON BEHALF OF THE COMPANY





Appendix B – Conflict of Interest Disclosure Statement

DEFINITIONS:

The “Board” means the Bruce-Grey Catholic District School Board, Bluewater District School Board, and/or the

Shared Purchasing Service Consortium of Grey-Bruce as may be applicable to this document.

“Bidder” means any business or person submitting a response to a Board Request for Quotation, Request for

Proposal, or Request for Tender (RFQ/P/T)

A Conflict of Interest arises where you or your business have a personal or business interest which might conflict

with or may be perceived to conflict with the best interests of the Board. Such conflict may arise directly or indirectly

as a result of duties by an appointment to the Board or by personal matters which include (but are not limited to):

• Employment by the Board

• Trusteeship

• Directorship

Interests in business or professional services already elsewhere being utilized by the Board (e.g. Legal

or Consulting services)

• Existing professional or personal associations or relationships with the Board or its employees (e.g.

family)

• Professional associations or associations with other organizations, agencies, or government branches

which may benefit from a knowledge Board business and/or having a direct or indirect influence on

Board business.

All Vendors/Bidders must Declare a Conflict of Interest (where one exists).

a) Based on the definition of Conflict of Interest described above, please indicate:

b) If you or your company have or may have a Conflict of Interest

c) The nature of the Conflict of Interest

d) If you or your company have No Conflict of Interest

I/WE (name of respondent/company) ______________________________ herewith declare a Conflict of

Interest. It is understood that declaring a Conflict of Interest may or may not result in exclusion from doing business

with the Board depending on the nature of the Conflict of Interest and the Board’s (at its sole discretion) decision

surrounding this declaration.

Nature of the Conflict of Interest: ____________________________________________________________

____________________________________________________________________________________ _

I/WE (name of respondent/company) ______________________________ herewith declare that

I/we have NO Conflict of Interest.

Name of person completing this form (print): _______________________________

Signature: _____________________ _ Date: _______________ RFQ/P/T # ______________

(if applicable)





Appendix C – Summary of Site Supervisor’s Qualification & Experience

A Site Supervisor is considered, by the Board, to be the person who is in control of the day-to-day operations

on the construction site and control of the short-term schedule. The role of the Site Supervisor also includes

important quality control and subcontractor coordination responsibilities as well as site safety oversight,

access control and site labour management.

Proponents must describe, in detail, the relevant qualifications, capabilities, experience and value-added

services performed by the Site Supervisor(s) for Schools and/or School Boards throughout Ontario within

the past five (5) years.

Each Proponent should provide the following:

a) Number of consecutive years working as a primary Site Supervisor

b) A detailed summary of Educational/Institutional projects with a construction value greater than $500,000 which have been completed by the Site Supervisor(s) within the last five (5) years.

c) A record of all current safety training and certifications for the Site Supervisor with Asbestos Containing Materials (ACM) awareness training, Working at Heights, CPR/First Aid, Health & Safety Training, etc. being of particular interest to the Board.

d) Any additional certification or education that is applicable to the project described herein, i.e., Diploma, Degree, P. Eng, CET, etc.

e) Copies of certificates must be provided.

e) A current and complete resume for the Site Supervisor(s) of the project(s).

Copies of all relevant certifications, designations, etc. for each Site Supervisor listed on Appendix M Pricing

and Fee Form must be included in the Proponent’s response to this RFP.

A separate resume should be submitted for each Site Supervisor listed on the Appendix M Pricing and Fee

Form.

Proponents should review Section 7.3.1 for additional details on the requirements of Appendix C –

Summary of Site Supervisor’s Qualification and Experience.

Response should not exceed five (5) 8 ½” x 11” pages.





Appendix D – Summary of Project Manager’s Qualification & Experience

A Project Manager is considered, by the Board, to be the person who has the overall responsibility for the

successful initiation, planning, design, execution, monitoring, controlling and closure of a project. The role

of the Project Manager includes the ordering of materials and supplies, the scheduling of deliveries to the

site(s) as well as the on-site co-ordination and progress meeting participation.

Proponents should describe, in detail, the project specific qualifications and relevant experience of the

proposed individual(s) for Schools and/or School Boards throughout Ontario within the past five (5) years.

Proponents should identify the Project Manager’s committed time allocation and involvement in the Project

presented as the number of hours spent on the project per week for the duration of the project.

Each Proponent should provide the following:

a) Number of years working as a primary Project Manager

b) A detailed summary of Educational/Institutional projects with a construction value greater than $500,000 which have been completed by the Project Manager within the last five (5) years.

c) A record of all current safety training and certifications for the Project Manager with Asbestos Containing Materials (ACM) awareness training, Working at Heights, CPR/First Aid, Health & Safety Training, etc. being of particular interest to the Board.

d) Any additional certification or education that is applicable to the project described herein, i.e., Diploma, Degree, P. Eng, CET, etc.

e) Copies of certificates must be provided.

f) A current and complete resume for the Project Manager of the project

Copies of all relevant certifications, designations, etc. for the Project Manager must be included in the

Proponent’s response to this RFP.

Proponents should review Section 7.3.2 for additional details on the requirements of Appendix D –

Summary of Project Manager’s Qualification and Experience.

Response should not exceed five (5) 8 ½” x 11” pages.





Appendix E – Summary of Business Qualifications

Proponents are requested to include a brief company overview with their submission that will demonstrate

their number of years in business, the number of school renovations they have completed within the last five

(5) years, the number (if any) of safety infractions or Ministry of Labour concerns reported within the last five

(5) years, etc.

Proponents are also encouraged discuss, in detail, any Bluewater District School Board projects that the

Proponent has completed on time and within the Board’s budget. Projects that were not completed within

the specified time parameters or within the Board’s budget should also be detailed in this Section.

Proponents should review Section 7.3.4 for additional details on the requirements of Appendix E –

Summary of Business Qualifications.





Appendix F – CCDC Document No. 11

Each Proponent must provide a completed copy of CCDC Document No. 11, The Canadian Standard Form

of Contractors Qualification Statement for Building Construction, with the emphasis on School construction

and alteration experience.

Each Proponent should review Section 7.3.3 for additional details on the requirements of Appendix

F – CCDC Document No. 11.





Appendix G – Confirmation of WSIB and Insurance

Each Proponent must submit a current Certificate of Insurance or a letter from the Proponent’s authorized

Signing Officer providing confirmation that all Insurance Requirements of this RFP will be met and/or

exceeded if awarded this Contract.

The submitted letter will also provide permission for the Board or its Agent to obtain a detailed clarification

of the Proponent’s policy pertaining to the type of coverage, any exclusions, insurance limits and deductibles.

Proponents are to provide proof of ability to provide Builder’s Risk Insurance.

The successful Proponent must provide documentation to the Board within five (5) days of the Award of a

Contract confirming that the required Insurance and WSIB coverage, as detailed in Section 5.12 of this RFP,

has been met and/or exceeded.

WSIB Number:





Appendix H – Surety Letter

Each Proponent must provide a bonding letter from a Surety confirming the ability to bond.

Bonding is to be provided by the successful Proponent within ninety (90) days of Proposal closing and prior

to Contract signing.

Bonding shall be inclusive of a fifty percent (50%) Performance Bond and a fifty percent (50%) Labour and

Material Payment Bond. Bonds shall continue to be in force for a period of one (1) year beyond the date of

substantial performance of the work.

A bid bond is not required.





Appendix I – References

Proponents must provide three (3) references from organizations for which the Proponent has completed a project of similar size and similar scope within the last five (5) years. Proponent to include current contact information for each Reference, the value of project completed, and a brief summary of the project completed for each reference. The Board reserves the right to check all references provided and to request and check additional or further references. Preference will be given to Proponents with experience working with School Boards. Proponents must include Bluewater District School Board and the Bruce-Grey Catholic District School Board as a reference, if the Proponent has done work for either Board.

Reference # 1

Company Name:

Company Address:

Contact Name & Position:

Contact Telephone #:

Contact E-mail Address:

Value of Project Completed:

Summary of Project Completed:

Reference # 2

Company Name:

Company Address:










Appendix I – References Continued

Reference # 3

Company Name:

Company Address:






Additional Comments:

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________





Appendix J – Confirmation of Indemnification

I/We agree that we shall indemnify, defend and hold and save harmless the Board, its successors,

assigns, officers, directors, employees and agents, their heirs, administrators and executors and each

of them (collectively “the indemnified party”) from any and all actions and causes of actions, claims,

demands, liabilities, losses, judgements, damages or expenses, of whatsoever kind and nature,

including interest and legal fees and all other reasonable costs, expenses and charges that the

indemnified party shall or may at any time, subsequent to the date of the contract, sustain or incur, or

become subject to by reason of any claim or claims for any reason resulting from carrying out or failing

to carry out the terms and conditions of this contract, or the negligence, gross negligence, intentional

misconduct or criminal acts or omissions, resulting from the action or inaction of the successful

Proponent(s), its directors, officers, employees or subcontractors.

Name (please print clearly)

Title/Position

Signature

Company Name

Date





Appendix K – Acknowledgement of the Board’s Standard Terms & Conditions

I/We acknowledge and confirm that the Board’s Standard Terms and Conditions have been received

and are understood to be an integral part of this RFP. I/We agree to consider the appropriate

application of these terms and conditions as they apply to each individual commodity I/we are quoting

on, whether for goods or services.


Title/Position

Signature

Company Name

Date





Appendix L – Acknowledgement of a Lump Sum Contract

I/We confirm that once the final construction costs are established the Contract can be converted to a

lump sum CCDC 2 Contract as per the CCDC 5B 2010 Appendix – “Stipulated Price Option” revised by

the Supplementary Conditions described in Schedule “2” for the fee proposed in Appendix M- Pricing

and Fee Form.


Title/Position

Signature

Company Name

Date





Appendix M – Pricing and Fee Form

I/We hereby offer to perform the work outlined in this Construction Management Services

Request for Proposal based on CCDC Contract 5B - 2010, revised by the Amendments and

Supplementary Conditions as outlined in Schedule “1”.

The undersigned Construction Management Firm agrees to complete the work within the time

frame outlined in the Request for Proposal at the locations listed below for the following all-

inclusive fee as stipulated in Section 6.1 of this RFP.

Location of Renovation Project

Written Percentage

Percentage (%)

Designated Site Supervisor

(please print clearly)

Designated Project Manager

(please print clearly)

Grey Highlands Secondary School PHASE ONE 2021

Grey Highlands Secondary School PHASE TWO 2022

Insert _______ % in Article A-7 Own Forces Work. Expenses are not subject to this mark-up.

Proponent to identify which, if any trades, will be used under the Construction Management Firm’s own

forces in the table below. Please also indicate the qualification or level of trade, i.e. Licensed, Apprentice,

Labourer, etc.

Trade Qualification/Level of Trade

Licensed, Apprentice, Labourer, etc.

Hourly Rate Comments





Appendix M – Pricing and Fee Form Continued

Please identify if you have, and will be using, a Satellite Office location.

YES, WE WILL BE USING A SATELLITE OFFICE

NO, WE WILL NOT BE USING A SATELLITE OFFICE

If yes, please provide details below;

Street Address

City Province Postal Code





Appendix M – Pricing and Fee Form Continued

The undersigned, having proper authority to bind the Proponent irrevocably agrees, if this Offer is

accepted, to supply the goods and/or services to the Purchaser at the prices offered and in accordance

with the conditions and specifications stated herein and further consents to the disclosure of the

successful Offer(s), indicating the name of the successful Proponent(s), the product(s) and/or services

selected and the price(s) offered for the product(s) and/or service(s) selected.

Signing Authority Information;

Name (Please Print):

Title:

Direct Phone:

Email:

Signature:

Date:





Appendix N – Project Work Plan

Each Proponent should submit a Project Specific Work Plan that demonstrates the Proponent’s

understanding of the project scope, details, timelines and procedures at Grey Highlands Secondary

School as detailed herein. The Project Specific Work Plan should provide clear evidence of:

• An ability to initiate the project, gather resources and mobilize to site in a timely manner; and

• A demonstrated understanding of the Education/School environment, including an appreciation

of when work can be completed due to occupancy, an understanding of how working within a

School environment may differ from a more “typical” or commercial work site, and any other

special considerations that may relate to working within a School.

• A demonstrated understanding of the project specific Request for Information (RFI) process

required; its tracking and execution as a key project communication tool; and

• A plan for expediting the change management process with a focus on providing detailed

quotations with complete back-up documentation while keeping costs low and providing cost

effective options for the Board; and

• A quality management approach to maintain quality assurance and control in the workmanship

of subcontractors and trades on site; and

• A project specific schedule maintenance process, understanding that time is of the essence and

committing to achieving the established Substantial Performance date; and

• A project close-out strategy for closing out the project within a reasonable period, including

completion of deficiencies and submission of closeout materials.

Proponents should note that a minimal score for Appendix N – Project Work Plan will be assigned if a

generic Project Work Plan that is not specific to the project at Grey Highlands Secondary School is

submitted.

Each Proponent should review Section 7.3.5 for additional details on the requirements of Appendix

N – Project Work Plan.





Appendix O – COVID-19 Safety Plan

Each Proponent must submit their COVID-19 Safety Plan which should address current covid-related

issues and concerns. Examples may include, but are not limited to, the following;

• Covid-19 Daily Self-Assessment Tool for employees and visitors

• Procedures in case of illness/exposure

• Workplace accommodations to protect high risk groups

• Employee personal protection practices

• Hierarchy of Covid-19 hazard controls

• Personal Protective Equipment (PPE)

• Disinfecting and sanitizing practices

• Number of people permitted on-site

• Control and movement of people on-site

• Visitors to the work site, i.e. inspections, investigations, etc.

• Working with or near contractors, Board staff and members of the public

COVID-19 Safety Plans must follow all guidelines and requirements that have been determined by

Federal, Provincial and Municipal Governments as well as Grey-Bruce Public Health. The Successful

Contractor will be required to submit their COVID-19 Safety Plan to Grey-Bruce Public Health for

approval prior to the start of any work.





Appendix P - Submission Checklist

Submission Package Documentation Completed Submitted Signed

Certificate of Bidder Form (Page 2)

Authorization & Addendum Acknowledgement Form (Appendix A)

Conflict of Interest Disclosure Statement (Appendix B)

Summary of Site Supervisor Qualifications & Experience (Appendix C) N/A

Summary of Project Manager Qualifications & Experience (Appendix D) N/A

Summary of Business Qualifications (Appendix E) N/A

Completed CCDC Document No. 11 (Appendix F) N/A

Confirmation of WSIB and Insurance (Appendix G)

Surety Letter (Appendix H)

References (Appendix I) )

N/A

Confirmation of Indemnification (Appendix J)

Acknowledgement of Board’s Standard Terms and Conditions (Appendix K)

Acknowledgement of Lump Sum Contract (Appendix L)

Pricing and Fee Form (Appendix M)

Project Specific Work Plan (Appendix N)

COVID-19 Safety Plan (Appendix O)

Submission Checklist (Appendix P) N/A

Signed copy of each posted Addendum (if applicable)





Appendix Q – Sample Notice of Non-Performance

The following is a sample of a Notice of Non-Performance that the Shared Purchasing Service

Consortium of Grey-Bruce (SPSCGB) and/or the Bluewater District School Board may elect to

issue in response to the performance of the Successful Contractor as outlined in Section 5.10

Construction Manager’s Performance.

This sample notice is being included in this RFP for information purposes only and does not

require any action at this time.





NOTICE OF NON-PERFORMANCE # _______

SECTION 1 – CONTRACTOR INFORMATION

RFP/T/Q Number:

Project Description:

Contractor Name: Tel:

Contact Name: Email:

SECTION 2 – OCCURRENCE DETAILS Additional Information/Supporting Documentation to be attached

Occurrence Issued By: Issue Date (DD/MM/YYYY)

Details of Non-Performance:

Signature of Board Representative Issuing Notice:

SECTION 3 – CONTRACTOR RESPONSE Additional Information/Supporting Documentation to be attached

Details and Proposed Timeline of Corrective Action:

Name of Contractor Representative (Please Print):

Signature of Contractor Representative

SECTION 4 – BOARD AUTHORIZATION & REVIEW

I, acting on behalf of the Bluewater District School Board, have reviewed this report for objectivity and accuracy.

Board Representative’s Name:

Board Representative’s Signature:

Should the Shared Purchasing Service Consortium of Grey-Bruce (SPSCGB) or the Board determine in its sole and unfettered discretion that the performance of the Contractor is not meeting the requirements of the Contract a written notice of non-performance will be provided to the Contractor. The Contractor will have the opportunity to address and/or remedy any and all performance issues. If a second notice of non-performance is issued, whether related to the same default or as a result of a separate occurrence, the SPSCGB, along with the Board, reserves the right to discontinue the services of the awarded Contractor and/or exclude the Contractor from submitting responses to future opportunities for a period not less than two (2) successive years from the date of the second notice. The Board reserves the right to discontinue the services of a Contractor at any time during the Contract, if performance is found to be unsatisfactory or if the awarded Construction Manager is criminally charged under the “vulnerable sector” laws.





Appendix R – Sample Reference Evaluation

Company Name: ______________________________________ Name of Reference: ______________________________________ The above company has listed you as a reference in their recent submission to be considered for the role of Construction Manager. To assist our Board in assessing past performance we would ask that you please complete this evaluation form and return it to the Document Coordinator at [email protected] within forty-eight (48) hours Proposed Projects: The Bluewater District School Board has issued an RFP for Construction Management Services for: Renovations to Grey Highlands Secondary School.

Poor Excellent 1. Based on the description above how would you rate the 1 2 3 4 5

Construction Management company’s capability to successfully complete the proposed work?

2. Based on your experiences with this Construction Management

company:

a. How well did they co-ordinate/manage the tendering of the 1 2 3 4 5 various Sub-trade packages?

b. How well did they monitor and maintain the construction 1 2 3 4 5 Schedule?

c. How well did they address site problems/ unforeseen 1 2 3 4 5 Conditions?

d. How aggressively did they rectify deficiencies? 1 2 3 4 5

e. How would you rate their Site Supervisor? 1 2 3 4 5

f. How would you rate their overall performance? 1 2 3 4 5

g. Would you like to work with this company on future projects? YES NO

h. Do you recommend this company to others? YES NO

3. Other Comments:

___________________________________________________________ ___________________________________________________________

This Appendix is for information purposes only and does not require any action by the Proponent.

mailto:[email protected]





Schedule 1

Amendments and Supplementary Conditions

for

Construction Management Contract CCDC 5B 2010

Schedule A1 – Services & Compensation

All costs associated with providing 100% complete Construction Management services shall be included in your percentage management fee. Refer to Section 6.1of this Request for Proposal. As such Schedule A1 and Schedule A2 are to be deleted.

Where the following amendments, additions, and modifications specifically reference a change to the Agreement, Definitions and General Conditions, these amendments, additions and modifications shall govern.

AMENDMENTS TO ARTICLES ARTICLE A-10 – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING

- Delete the words “or other form of electronic communication” after the words “or by facsimile” in paragraphs 10.2 and 10.4

AMENDMENTS TO DEFINITIONS DEFINITIONS Add the following definitions Submittals Submittals are documents or items required by the Contract Documents to be provided by the Construction Manager, such as:

- Shop Drawings, samples, models, mock-ups, to indicate details or characteristics, before the portion of the Work that they represent can be incorporated into the Work, and

- As Built drawings and manuals to provide instructions on the operation and maintenance of the work

SUPPLEMENTARY CONDITIONS GC 1.1 CONTRACT DOCUMENTS

- Add to the end of sub-paragraph 1.1.2.2 “……. except where the Consultant shall be indemnified as a third party beneficiary as provided in sub-paragraphs 9.2.7.4, 9.5.3.4 and in 12.1.1.3”





Schedule 1 Continued GC 1.3 RIGHTS AND REMEDIES

- Delete the words “either of the parties to this Contract” in the second line of paragraph 1.3.2 and add the words “any of them under this Contract” after the words “or duty afforded”

GC 2.2 AUTHORITY OF THE CONSULTANT

- In paragraph 2.2.2 after the words “of the Construction Manager” delete the words “following consultation with the Consultant “and add the words “Owner and Consultant”

GC 2.3 CONSULTANT’S RESPONSIBILITIES

- Add at the end of paragraph 2.3.9 “The Owner and the Construction Manager waive any claims against the Consultant arising out of the making of such interpretations and findings made in accordance with paragraphs 2.3.7, 2.3.8 and 2.3.9”

GC 2.5 DEFECTIVE WORK

- Add new sub-paragraph 2.5.1.1

2.5.1.1 The Construction Manager shall rectify, in a manner acceptable to the Owner and the Consultant, all defective work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant.


2.5.1.2 The Construction Manager shall prioritize the correction of any defective work which, in

the sole discretion of the Owner, adversely affects the day to day operation of the Owner.

GC 3.1 CONTROL OF THE WORK

- Add new paragraph 3.1.3 3.1.3 Prior to commencing individual procurement, fabrication and construction activities, the

Construction Manager shall verify, at the Place of the Work, all relevant measurements and levels necessary for proper and complete fabrication, assembly and installation of the work and shall further carefully compare such as field measurements and conditions with the requirements of the Contract Documents. Where dimensions are not included or contradictions exist, or exact locations are not apparent, the Construction Manager shall immediately notify the Consultant in writing and obtain written instructions from the Consultant before proceeding with any part of the affected work





Schedule 1 Continued

GC 3.4 REVIEW OF DRAWINGS, SPECIFICATIONS AND MATERIAL AND FINISH SCHEDULES

- Delete paragraph 3.4.1 in its entirety and substitute new paragraph 3.4.1

3.4.1 The Construction Manager shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Construction Manager may discover. If the Construction Manager does discover any error, inconsistency or omission in the Contract Documents, the Construction Manager shall not proceed with the work affected until the Construction Manager has received corrected or missing information from the Consultant.


3.4.2 Such review by the Construction Manager shall comply with the standard of care

described in paragraph 3.14.1 of the Contract. Except for its obligation to make such review and report the result, the Construction Manager does not assume any responsibility to the Owner or the Consultant for the accuracy of the Contract Documents. The Construction Manager shall not be liable for damages or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents which the Construction Manager could not reasonably have discovered.

GC 3.8 LABOUR AND PRODUCTS

- Add new paragraph 3.8.3

3.8.3 The Construction Manager is responsible for the safe on-site storage of Products and their protection (including Products supplied by the Owner and other contractors to be installed under the Contract) in such ways as to avoid dangerous conditions or contamination to the Products or other persons or property and in locations at the Place of the Work to the satisfaction of the Owner and the Consultant. The Owner shall provide all relevant information on the Products to be supplied by the Owner.

GC 3.10 SHOP DRAWINGS

- Add the words “AND OTHER SUBMITTALS” to the title after SHOP DRAWINGS

- Add “and Submittals” after the words “Shop Drawings” in paragraphs 3.10.1, 3.10.2, 3.10.4, 3.10.7, 3.10.8, 3.18.8.2, 3.10.9, 3.10.10, 3.10.11 and 3.10.12

- Delete 3.10.3 in its entirety and substitute new paragraph

3.10.3 Prior to the first application for payment, the Construction Manager and the Consultant

shall jointly prepare a schedule of the dates for submission and return of Shop Drawings and any Submittals.






- Delete the words “with reasonable promptness so as to cause no delay in the performance of the Work” and replace with “within 10 working days or such longer period as may be reasonably required” in paragraph 3.10.12

GC 3.14 PERFORMANCE BY THE CONSTRUCTION MANAGER

- Add new General Condition 3.14.1

3.14.1 In performing its services and obligations under the Contract, the Construction Manager shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent Construction Manager, supplying similar services for similar projects. The Construction Manager acknowledges and agrees that throughout the Contract, the Construction Manager’s obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Construction Manager shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may be recommend to the Owner.

- Add new General Condition 3.14.2

3.14.2 The Construction Manager further represents, covenants and warrants to the Owner

that: 1. The personnel it assigns to the Project are appropriately experienced. 2. It has sufficient staff of qualified and competent personnel to replace its

designated supervisor and project manager, subject to the Owner’s approval, in the event of death, incapacity, removal or resignation.

GC 4.1 CASH ALLOWANCE


4.1.4 Where costs under a cash allowance exceed the amount of the allowance, unexpended amounts from other cash allowances shall be reallocated at the Consultant’s direction to cover the shortfall. The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated above, shall be deducted from the Contract Price by Change Order.


4.1.7 At the commencement of the Work, the Construction Manager shall prepare for the

review and acceptance of the Owner and the Consultant, a schedule indicating the times, within the construction schedule referred to in GC 3.5, that items called for under cash allowances and items that are specified to be Owner purchased and Construction Manager installed or hooked up are required at the site to avoid delaying the progress of the Work.







4.18 The Owner reserves the right to call, or have the Construction Manager call for competitive bids for portions of the Work, to be paid from the cash allowances.

GC 6.4 CONCEALED OR UNKNOWN CONDITIONS


6.4.5 The Construction Manager confirms that, prior to bidding the Project, it carefully investigated the Place of the Work, and applied to that investigation the degree of care and skill described in paragraph 3.14.1. The Construction Manager is not entitled to compensation or to an extension of the Contract Time for conditions which could reasonably have been ascertained by the Construction Manager by such careful investigation undertaken prior to the submission of the bid.

GC 6.5 DELAYS

- Delete the period at the end of paragraph 6.5.1, and substitute the following words

“…. but excluding any consequential, indirect or special damages” - Add new paragraph 6.5.6

6.5.6 If the Construction Manager is delayed in the performance of the Work by an act or

omission of the Construction Manager or anyone employed or engaged by the Construction Manager directly or indirectly, or by any cause within the Construction Manager’s control, the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Construction Manager. The Owner shall be reimbursed by the Construction Manager for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Construction Manager and, in particular, the cost of the Consultant’s services during the period between the date of Substantial Performance of the Work stated in Article A-1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Construction Manager.

GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION

- Add the following new paragraphs 8.2.9, 8.2.10, 8.2.11, 8.2.12, 8.2.13 and 8.2.14

8.2.9 Within five days of receipt ot the notice of arbitration by the responding party under paragraph 8.2.6, the Owner and the Construction Manager shall give the Consultant a written notice containing:

a) a copy of the notice of arbitration b) a copy of supplementary conditions 8.2.9 to 8.2.14 of this Contract, and





Schedule 1 Continued c) any claims or issues which the Construction Manager or Owner, as in the

case may be, wishes to raise in relation to the Consultant arising out of the issues in dispute in the arbitration

8.2.10 The Owner and the Construction Manager agree that the Consultant may elect, within

ten days of receipt of the notice under paragraph 8.2.9, to become a full party to the arbitration under paragraph 8.2.6 if the Consultant:

a) has a vested or contingent financial interest in the outcome of the arbitration b) gives the notice of election to the Owner and the Construction Manager before the

arbitrator is appointed c) agrees to be party to the arbitration within the meaning of the rules referred to in

paragraph 8.2.6 and; d) agrees to be bound by the arbitral award made in the arbitration

8.2.11 If an election is made under paragraph 8.2.10, the Consultant may participate in the

appointment of the arbitrator and, notwithstanding the rules referred to in paragraph 8.2.6, the time period for reaching agreement on the appointment of the arbitrator shall begin to run from the date the respondent receives a copy of the notice of arbitration.

8.2.12 The arbitrator in the arbitration in which the Consultant has elected under paragraph

8.2.10 to become a full party may: a) on application of the Owner or the Construction Manager, determine

whether the Consultant has satisfied the requirements of paragraph 8.2.10, and, b) make any procedural order considered necessary to facilitate the addition of the

Consultant as a party to the arbitration 8.2.13 The provisions of paragraph 8.2.9 shall apply mutatis mutandis to written notice to be

given by the Consultant to any sub-consultants 8.2.14 In the event of notice of arbitration given by the Consultant to a sub-consultant, the sub-

consultant is not entitled to any election with respect to the proceeding as outlined in 8.2.10, and is deemed to be bound by the arbitration proceeding.

GC 9.1 PROTECTION OF WORK AND PROPERTY

- Delete subparagraph 9.1.1.1 in its entirety and substitute new subparagraph 9.1.1.1 9.1.1.1 Errors in the Contract Documents which the Construction Manager could not have

discovered applying the standard of care described in paragraph 3.14.1

- Delete paragraph 9.1.2 in its entirety and substitute the following new paragraph 9.1.2

9.1.2 Before commencing any Work, the Construction Manager shall determine the locations of all underground utilities and structures indicated in the Contract Documents, or that






are discoverable by applying to an inspection of the Place of the Work the degree of

care and skill described in paragraph 3.14.1

GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES

- Add to paragraph 9.2.6 after the word “responsible”, the following new words:

“or whether any toxic or hazardous substances or materials already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Construction Manager or anyone for whom the Construction Manager is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others”.

- Add “and the Consultant” after the words “Construction Manager” in sub-paragraph 9.2.7.4



GC 9.5 MOULD


GC 10.2 LAWS, NOTICES, PERMITS AND FEES

- Delete from the first line of paragraph 10.2.5 the word “The” and substitute the words

“Subject to paragraph 3.14.1, the….” GC 12.1 INDEMNIFICATION

- Add new clause 12.1.1.3

12.1.1.3 The Construction Manager shall indemnify and hold harmless the Consultant, its agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by third parties that arise out of, or are attributed to, the Construction Manager’s performance of the Contract, provided such claims are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, and caused by negligent acts or omissions of the Construction






Manager or anyone for whose acts the Construction Manager may be liable, and made in writing within a period of six years from the date of Substantial

Performance of the Work, or within such shorter period as may be prescribed by any limitation statute or the province or territory of the Place of Work.

GC 12.3 WARRANTY

- Delete from the first line of paragraph 12.3.2 the word “The” and substitute the words: “Subject to paragraph 3.14.1, the…….”





Schedule 2

Amendments and Supplementary Conditions

for

Construction Management Contract CCDC 5B 2010 Appendix “Stipulated Price Option”

Where these amendments, additions, and modifications specifically reference a change to the Agreement, Definitions or General Conditions, these amendments, additions and modifications shall govern GC 2.3 CONSULTANTS RESPONSIBILITIES

- Add at the end of paragraph 2.3.9 “The Owner and Construction Manager shall waive any claims against the Consultant arising out of the making of such interpretations and findings made in accordance with paragraphs 2.3.7, 2.3.8 and 2.3.9

GC 2.5 DEFECTIVE WORK


2.5.1.1 The Construction Manager shall rectify, in a manner acceptable to the Owner and the Consultant, all defective work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant.


2.5.1.2 The Construction Manager shall prioritize the correction of any defective work which, in

the sole discretion of the Owner, adversely affects the day to day operation of the Owner.

GC 3.8 LABOUR AND PRODUCTS


3.8.3 The Construction Manager is responsible for the safe on-site storage of Products and their protection (including Products supplied by the Owner and other contractors to be installed under the Contract) in such ways as to avoid dangerous conditions or contamination to the Products or other persons or property and in locations at the Place of the Work to the satisfaction of the Owner and the Consultant. The Owner shall provide all relevant information on the Products to be supplied by the Owner.

GC 3.15 SERVICES

- Renumber “New GC 3.14 – Services” as “GC 3.15 – Services”






GC 4.1 CASH ALLOWANCES

- Delete paragraph 4.1.4 in its entirety and substitute new paragraph 4.1.4 4.1.4 Where costs under a cash allowance exceed the amount of the allowance,

unexpended amounts from other cash allowances shall be reallocated at the Consultant’s direction to cover the shortfall. The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated above, shall be deducted from the Contract Price by Change Order.

- Delete paragraph 4.1.5 in its entirety and substitute new paragraph 4.1.5 4.1.5 The net amount of any unexpended cash allowances, after providing for any

reallocations as contemplated in paragraph 4.1.4, shall be deducted from the Contract Price by Change Order.


4.1.7 At the commencement of the Work, the Construction Manager shall prepare for the

review and acceptance of the Owner and the Consultant, a schedule indicating the times, within the construction schedule referred to in GC 3.5, that items called for under cash allowances and items that are specified to be Owner purchased and Construction Manager installed or hooked up are required at the site to avoid delaying the progress of the Work.


4.1.8 The Owner reserves the right to call, or have the Construction Manager call for

competitive bids for portions of the Work, to be paid from the cash allowances. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS


6.4.5 The Construction Manager confirms that, prior to bidding the Project, it carefully investigated the Place of the Work, and applied to that investigation the degree of care and skill described in paragraph 3.14.1. The Construction Manager is not entitled to compensation or to an extension of the Contract Time for conditions which could reasonably have been ascertained by the Construction Manager by such careful investigation undertaken prior to the submission of the bid.

GC 6.5 DELAYS

- Delete the period at the end of paragraph 6.5.1, and substitute the following words

“…. but excluding any consequential, indirect or special damages”







6.5.6 If the Construction Manager is delayed in the performance of the Work by an act or omission of the Construction Manager or anyone employed or engaged by the Construction Manager directly or indirectly, or by any cause within the Construction Manager’s control, the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Construction Manager. The Owner shall be reimbursed by the Construction Manager for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Construction Manager and, in particular, the cost of the Consultant’s services during the period between the date of Substantial Performance of the Work stated in Article A-1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Construction Manager.

GC 9.1 PROTECTION OF WORK AND PROPERTY

- Delete subparagraph 9.1.1.1 in its entirety and substitute new subparagraph 9.1.1.1

9.1.1.1 Errors in the Contract Documents which the Construction Manager could not have

discovered applying the standard of care described in paragraph 3.14.1

- Delete paragraph 9.1.2 in its entirety and substitute the following new paragraph 9.1.2

9.1.2 Before commencing any Work, the Construction Manager shall determine the locations of all underground utilities and structures indicated in the Contract Documents, or that are discoverable by applying to an inspection of the Place of the Work the degree of care and skill described in paragraph 3.14.1

GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES





- “or whether any toxic or hazardous substances or materials already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Construction Manager or anyone for





Schedule 2 Continued whom the Construction Manager is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others”.

GC 9.5 MOULD


GC 10.2 LAWS, NOTICES, PERMITS AND FEES

- Delete from the first line of paragraph 10.2.5 the word “The” and substitute the words

“Subject to paragraph 3.14.1, the….” GC 12.1 INDEMNIFICATION

- Add new clause 12.1.1.3

12.1.1.3 The Construction Manager shall indemnify and hold harmless the Consultant, its agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by third parties that arise out of, or are attributed to, the Construction Manager’s performance of the Contract, provided such claims are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, and caused by negligent acts or omissions of the Construction Manager or anyone for whose acts the Construction Manager may be liable, and made in writing within a period of six years from the date of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute or the province or territory of the Place of Work.

GC 12.3 WARRANTY

- Delete from the first line of paragraph 12.3.2 the word “The” and substitute the words: “Subject to paragraph 3.14.1, the…….”