REQUEST FOR PROPOSAL

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Architectural Design Services, Concession / Washroom Facility, Queen's Park

Mandatory On Site Information Meeting Wednesday, June 21, 2017

Queen's Park Arena, First St and Third Avenue, New Westminster 2:00 pm, Local Time

Closing Time: Wednesday, July 5, 2017

3:00 PM, Local Time, Vancouver BC

Closing Location: Main Information Desk

City of New Westminster 511 Royal Avenue,

New Westminster, BC, V3L 1H9

COMPANY NAME

Street Address:

City Province Postal Code

Contact Name:

Telephone number:

Fax:

Email Date: Signature: by officer with express authority to bind the Proponent to the statements made in the Proposal

By my signature above, it shall be understood that I have read, understood and accept the conditions outlined in the Request for Proposal, each and all of which form a part of this proposal, hereby offer to supply the Services in strict accordance with the conditions hereto attached and as outlined in this Proposal.

Further requests for information : Purchasing: Heather Rossi, Intermediate Buyer

Email: nwpurchasing@newwestcity.ca

Document #

PLEASE INCLUDE THIS PAGE WITH SUBMISSION Page 1 of 32

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CORPORATION OF THE CITY OF NEW WESTMINSTER TABLE OF CONTENTS 1.0 DEFINITIONS ............................................................................................................................. 3 2.0 INTRODUCTION ........................................................................................................................ 4 3.0 PROPOSAL INSTRUCTIONS ................................................................................................... 4 4.0 MANDATORY INFORMATION MEETING .......................................................................... 4 5.0 GENERAL CONDITIONS ......................................................................................................... 4 6.0 LIVING WAGE EMPLOYER ................................................................................................... 6 7.0 BACKGROUND........................................................................................................................... 6 8.0 TERMS OF REFERENCE ......................................................................................................... 6 9.0 SCOPE OF WORK ...................................................................................................................... 7 10.0 PROJECT BUDGET ................................................................................................................... 7 11.0 SCHEDULE .................................................................................................................................. 7 12.0 PROPOSAL FORMAT AND PREPARATION ....................................................................... 7 13.0 PRICING ...................................................................................................................................... 8 14.0 PROPOSAL EVALUATION AND SELECTION .................................................................... 8 15.0 REFERENCES ............................................................................................................................. 9 APPENDIX A – Declaration, Living Wage Employer .......................................................................... 10 APPENDIX B – Supplemental Conditions – RAIC Document 6 Article A18 ..................................... 12 APPENDIX C – Services of the Architect and Responsibilities of the Client (RAIC Schedule B) .... 22 APPENDIX D – Conceptual Site / Floor Plan ........................................................................................ 27 APPENDIX E – Order of Magnitude Estimate ...................................................................................... 29 APPENDIX F – Mandatory Requirements Acknowledgement ............................................................ 32

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CORPORATION OF THE CITY OF NEW WESTMINSTER 1.0 DEFINITIONS

1.1 “Agreement” “Contract” “Services Agreement” means a contract that may be issued to formalize with the successful Proponent through a negotiation process with the City based on the proposal submitted and will incorporate by reference the Request for Proposal, any addenda issued, the Proponent’s response and acceptance by the City.

1.2 “City” “Owner” means City of New Westminster.

1.3 “Consultant” “Contractor” “Project Manager” means the person(s), firm(s) or corporation(s) appointed by the City to carry out all duties, obligations, work and services first contemplated in the Request for Proposal and all associated documentation, which may also include mutually agreed revisions subsequent to submission of a Proposal. Both “Consultant” “Contractor” “Project Manager” and “Proponent” are complimentary in terms of duties, obligations, and responsibilities contemplated at the Request for Proposal stage, through evaluation process, execution, and performance of the Design and Contract Administration Services.

1.4 “Mandatory” “Must” “Shall” “Will” mean a requirement that must be met.

1.5 “Product” means, unless the context requires otherwise, any and all articles, goods, materials, supplies, commodities, machinery, equipment and fixtures to be supplied by the Contractor that comprise a portion of the Services, but specifically excluding facilities, equipment and materials used or constructed to carry out the Services that are not incorporated permanently into the Services.

1.6 “Proponent” means responder to this Request for Proposal.

1.7 “Proposal” means the submission by the Proponent.

1.8 “Provide” “Supply” shall mean provide and pay for, and supply and pay for.

1.9 “Request for Proposal” “RFP” shall mean and include the complete set of documents, specifications, drawings, and addenda incorporated herein, and included in this Request for Proposal.

1.10 “Services” means and includes the provision by the successful Proponent of all services, duties and expectations as further described in this RFP.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 2.0 INTRODUCTION

The City is inviting architectural firms to assemble and lead a consultant team with experience in concession and public washroom facilities to undertake site layout, schematic, design development, tender drawings and specifications, and to provide construction contract administration services for the design of a new concession / public washroom facilities located in Queen’s Park. The Proponent is required to act as the Coordinating Registered Professional and will coordinate the services of the assembled consultant team. 3.0 PROPOSAL INSTRUCTIONS

One (1) electronic and two (2) hard copies (one to be unbound) of the Proposal, are to be submitted and clearly marked on the outside envelope or box as follows:

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Architectural Design Services, Concession / Washroom Facility, Queen's Park Attention: Purchasing Manager

The City will receive Proposals at the location and time indicated on the title page of this Request for Proposal. It is the Proponent's responsibility to ensure that the City receives its Proposal prior to the stated closing time. The City may nevertheless choose to consider late proposals. The City does not accept facsimile, electronic mail, or other unsealed submissions. Requests for clarification or further information must be made in writing only to the individual identified on the first page of this RFP. The City will respond to enquiries that it, in its sole discretion, considers relevant to this RFP. The City intends to respond only to those relevant written enquiries received at least ninety-six (96) hours prior to the closing time. The City will record enquiries and post written responses on its website at https://www.newwestcity.ca/business-and-economy/doing-business-with-the-city/request-for-bids-and-proposals-open 4.0 MANDATORY INFORMATION MEETING

The City has arranged a Mandatory Information Meeting and Site Viewing for all Proponents on Wednesday, June 21, 2017 at 2:00 pm at Queen's Park Arena, First St and Third Avenue, New Westminster. To be eligible to submit a Proposal for this RFP, Proponents must attend the Mandatory Information Meeting. Failure to attend the Mandatory Information Meeting will result in disqualification of the Proponent. If requested, the City will provide the company name and phone number of the attendees at the Mandatory Information Meeting, by posting an attendance list on the City’s website. 5.0 GENERAL CONDITIONS

5.1 NO CONTRACTUAL OBLIGATIONS AS A RESULT OF RFP OR PROPOSAL This is a Request for Proposal, and not a call for tenders or request for binding offers. The City does not intend to enter into contractual relations as part of this RFP process and no contractual obligations whatsoever will arise between the City and any Proponent who submits a Proposal in response to this

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CORPORATION OF THE CITY OF NEW WESTMINSTER RFP until and unless the City and a Proponent enter into a formal, written contract for the Proponent to undertake this project. 5.2 OWNERSHIP OF PROPOSALS AND FREEDOM OF INFORMATION All documents submitted to the City in response to this RFP or as part of any subsequent negotiation will become the property of the City, and will not be returned. Proponents should also be aware that the City is subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA) (“Act”). A Proponent may stipulate in their Proposal that a portion(s) of their Proposal that contains confidential information and are supplied to the City in confidence. However, under FOIPPA, the City may nevertheless be obligated to disclose all or part of a response pursuant to a request made under the Act, even if the Proponent has stipulated that part of their Proposal is supplied in confidence. The Proponent should review Section 21 and other provisions of FOIPPA in order to gain a better understanding of the City’s disclosure responsibilities under the Act. 5.3 CONFIDENTIALITY OF CITY INFORMATION This RFP and all information provided by the City to a Proponent is provided on a confidential basis, and Proponents will not disclose any such information to any person (other than the Proponent’s legal advisers) without the City’s prior written consent, nor may any Proponent publicize or advertise its involvement with this RFP process or the City in connection wherewith without the prior written consent of the City. 5.4 PROPONENT’S EXPENSES For clarity, Proponents will be solely responsible for their own expenses incurred in preparing a Proposal or in any subsequent negotiations with the City. 5.5 CONTACTING CITY REPRESENTATIVES Proponents shall not contact City elected officials, officers or employees directly or indirectly regarding this RFP, except as indicated in this RFP. 5.6 CONFLICT OF INTEREST Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. The City may reject a Proposal from any Proponent that the City judges would be in a conflict of interest if the Proponent is awarded a Contract. Failure to disclose, or false or insufficient disclosure of the nature and extent of any relationship the Proponent may have with any employee, officer or director of the Owner shall be grounds for immediate termination of any agreement or contract with the Owner, in the Owner’s sole discretion, without further liability of notice. 5.7 INSURANCE The successful Proponent will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout the Contract term, the following insurance with insurers licensed in British Columbia in forms acceptable to the City: a) Commercial General Liability Insurance protecting the City, for an amount of five million dollars

($5,000,000) naming the City as additional insured; b) Professional Liability Insurance of one million dollars ($1,000,000) 5.8 PERMITS AND LICENSES The successful Proponent may be required to obtain a City of New Westminster or MetroWest Inter-Municipal Business license prior to commencement of work.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 6.0 LIVING WAGE EMPLOYER

Effective January 1, 2011, the City of New Westminster became a “Living Wage Employer”. As such, the City has established a Living Wage Policy that requires all firms that are contracted by the City to provide services on City premises, to pay their employees, who perform said service on City property, a Living Wage as calculated by the Living Wage for Families Campaign. The figure for 2017 for the Lower Mainland is $20.62, assuming no benefits are provided by the employer. In order to determine an employee’s hourly rate with benefits the Living Wage for Families has created a Living Wage Calculator to assist with this determination. Please access the following website to determine your compatibility. http://www.livingwageforfamilies.ca/employers/living-wage-calculator/ The City includes in all its competitive bid documents a Declaration referencing the City’s expectations with regards to compliance of the Policy (attached as Appendix A). Completion and submission of the Declaration is required prior to Contract award. In evaluating submissions, the City intends to rely on the Declaration provided by a Respondent and shall have no obligation or duty to investigate the truthfulness of the Declaration. Please review the City’s Living Wage Page for further information. 7.0 BACKGROUND

7.1 The play area in Queen’s Park attracts tens of thousands of people from May to September each year from both local and regoinal destinations. This popular location is currently serviced by an undersized washroom facility that is unable to keep up with the demands of park users. The existing washroom, concession building and playground shack have reached their functional end-of-life and are in need of renewal. Replacing the existing buildings with a new building designed to properly service park users for today and into the future would greatly benefit the park users that visit this area of the park each summer. The replacement structure needs to include a washroom of universal design, food concession and programs space.

8.0 TERMS OF REFERENCE

8.1 The Architect is to retain and coordinate the work with the proposed consultant team that includes structural, mechanical, electrical, civil, landscape architect, and quantity surveyor. The City will retain the services of the legal surveyor, hazardous materials consultant, geotechnical and material testing agencies and other consultants that may be required.

8.2 The consultant team is to develop the final site layout, which has not been determined. Appendix D shows a conceptual floor plan. This conceptual floor plan has been approved by the users.

8.3 The City will contract with the successful Proponent through the RAIC – Canadian Standard Form of Contract for Architectural Services – Document 6 (not included with this document) with the City’s Supplementary Conditions (A18 – Appendix B) and Schedule B – Services of the Architect and Responsibilities of the Client (Appendix C).

8.4 The City anticipates that the design-bid-build project delivery method will be used and contracted under a CCDC 2 – 2008 Stipulated Price Contract along with the City of New Westminster’s Supplementary Conditions.

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CORPORATION OF THE CITY OF NEW WESTMINSTER 8.5 It is anticipated that the project will not be designed for LEED® certification; however, the

design team should strive to incorporate building, mechanical, and electrical systems and equipment that will incorporate LEED® principles for sustainability.

9.0 SCOPE OF WORK

9.1 The successful Proponent will be required to perform the services described in the RAIC – Canadian Standard Form of Contract for Architectural Services Document 6 2006 Edition. Proponents should refer to Appendix C of this RFP (Schedule B to RAIC Document 6 – Services of the Architect and Responsibilities of the Client) for a description of the Scope of Work by phases.

10.0 PROJECT BUDGET

10.1 The City has established a construction budget of approximately $1,000,000.00.

11.0 SCHEDULE

11.1 The following are the estimated schedule dates for the stages of the RFP: a) RFP Closing July 5, 2017 b) Evaluation and Interviews July 14, 2017 c) Proponent Selection July 18, 2017

11.2 The final tender drawings and specifications are to be completed and provided to the City no later than October 31, 2017.

11.3 Construction is anticipated to begin in December 2017 and to be substantially complete by August 2018. Proponents should note however, as per the Contract, the City reserves the discretion whether to proceed with some, all or none of the services for the Project.

11.4 The proposed schedule of dates are estimates and may change at the discretion of the City.

12.0 PROPOSAL FORMAT AND PREPARATION

12.1 Proposals should not exceed twenty (20) pages in length excluding attached appendices. Proposals should be provided double-sided on 8 ½” white paper, in a font colour of black and not less than 11 point. All proposals must clearly identify: a) Understanding of assignment; b) Approach; c) Cost/Schedule; d) Project Team/Experience.

12.2 In addition to the substantive Proposal requirements identified within this RFP, the following are

considered key content that should be included as part of the Proponent’s Proposal: a) A brief outline of the Proponent’s understanding of the project; b) A clear description of the Proponent’s plan, a detailed work program and methodology to

successfully accomplish the assignment; c) A list that expands the Architectural Services identified in Appendix C in a series of work

activities and a detailed and comprehensive scope of services including the individual project deliverables;

d) A schedule of activity from date of award to final submission, including a labour summary matrix that provides person-hour estimates for each of the work activities;

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CORPORATION OF THE CITY OF NEW WESTMINSTER

e) An estimate of project related disbursements and charge-out schedule for personnel and disbursements in general (refer to Appendix B – A18 3.5). The Proponent may not add overhead costs to disbursements;

f) The proposed project team complete with brief resumes, describe each person’s role in this project and their qualifications and experience to take on successfully the role;

g) The Project manager assigned to the project; h) An indication of similar projects undertaken by the Consultant; and, i) Names of three references of clients who have undertaken similar work, the City may contact

the references to assess the performance of the Proponent.

13.0 PRICING

13.1 The Proposal is to include a schedule of effort and pricing based on hourly rates. Note that this requirement is only meant for the Proponent to demonstrate the Proponent’s anticipated resource allocation for the proposed Scope of Services, and as such, it is the Proponent’s responsibility to provide the services specified for the fixed fee proposed regardless of the proposed schedule of effort and related pricing.

13.2 The Proposal is to include a schedule of effort and pricing based on hourly rates and separated into the following components: a) Schematic Design b) Design Development c) Construction Documents d) Bidding and Negotiation e) Construction Contract Administration f) Disbursements.

14.0 PROPOSAL EVALUATION AND SELECTION

14.1 The City of New Westminster will evaluate all submitted valid Proposals. The object of the evaluation and selection process is to identify the Proposal that, in the City’s opinion offers the best value for the Products and/or Services requested.

14.2 The City is not obligated to accept the lowest priced Proposal or any Proposal, and may reject all

submissions.

14.3 The City has the absolute right to accept or reject any Proposal for any reason, to negotiate with any Proponent or Proponents and to evaluate the Proposals in accordance with all information submitted by the Proponents and to abandon the RFP at any stage, for any reason.

14.4 There shall be no obligation on the part of the City neither to receive further information, whether

written or oral, from any Proponent nor to disclose the nature of any Proposal received.

14.5 The City at its discretion, may invite some or all Proponents for an interview to provide clarifications of their Proposals. In such event, the City will be entitled to consider the answers received in evaluating Proposals.

14.6 The City may award a Contract to the Proponent whose submission, in the City's sole discretion,

provides the best overall value to the City for the work. In evaluating the overall value to the City for the work in respect of each submission received, the City, in addition to price, will have in mind its critical goals of obtaining a high quality product in accordance with the schedule established under the Request for Proposal documents.

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14.7 In evaluating overall value, the City may consider, without limitation, price, qualifications and

past experience of Proponents, availability of necessary work forces and other resources, proposed methodology and schedule for completing the work, and the past performance of Proponents on similar projects in respect of quality of work, timeliness of work, costs of contract administration to the owner of the project, and costs associated with claims for extras in respect of the project. In this regard, considerations other that price may be of greater weight in the City's evaluation of submissions received.

14.8 Proposals will be evaluated based on the following criteria:

a) Project Manager; b) Project Team; c) Experience of Company/Team; d) Understanding of Assignment; e) Proposed Approach; f) Schedule; and, g) Cost.

14.9 Proposed project teams must be capable of completing all identified tasks; the City will not

consider partial submissions.

14.10 The following is a list of “pass/fail” criteria that will be used in evaluating the Proposal. A Proponent is required to include Appendix E with their submission; a) Minimum of 5 years recent and relevant experience in the design and construction of

concession / public washroom facilities; b) Registration with the Architectural Institute of British Columbia; c) Relevant experience with City requirements related to rezoning and development permits; d) Experience with successfully coordinating the work of a multi-disciplined team of

consultants.

15.0 REFERENCES

15.1 NOTE: Failure To Provide References May Result In Disqualification

15.2 Proponents shall provide sources for three (3) references (companies for whom work of a similar magnitude and nature completed in the past five (5) years. The City of New Westminster may be used as a reference if work of a similar nature has been provided to the City).

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APPENDIX A

Declaration – Living Wage Employer

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DECLARATION – LIVING WAGE EMPLOYER

I, _____________________________ as a duly authorized signing officer of

Company:_________________________________

Address:__________________________________

__________________________________

__________________________________, confirm that all employees and sub-contractors under our contract with the City as outlined below, are paid not less than the “Living Wage” as calculated by the Living Wage for Families Campaign.

I understand that this requirement extends only to those employees and sub-contractors’ employees that perform work while on City premises and property for durations in excess of one continuous hour per occasion.

I understand that the City will conduct audits if and when notification of breach of this compliance is received by the City. I understand that in the event any breach of this declaration is found to be true, the City reserves the right to cancel its contract without penalty at any time once said authentication of the breach is made.

Contract Name: ________________________________________________

Authorized Signatory: Dated:

______________________________ ____________________________

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APPENDIX B

Supplemental Conditions – RAIC Document 6 Article A18

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DRAFT A18 Other Terms of Contract

The following paragraphs are Article A18 of the "Royal Architectural Institute of Canada’s Canadian Form of Contract for Architectural Services, Document Six, 2006 Edition”, between The City of New Westminster (as Client) and _______________ (as Architect) in connection with the (name of contract). 1.0 Conflicts

1.1 In the event of any conflict between any provision contained in this Article A18 of this Contract for Architectural Services and any other provision of this Contract for Architectural Services, the provisions contained in this Article A18 shall prevail.

2.0 Agreement

2.1 In Article A9.1 insert the following: • Structural • Mechanical • Electrical • Civil • Land Surveyor • Landscape Architect • Quantity Surveyor

2.2 In Article A9.2 insert the following:

Any other consultant who will provide specialized services that the city believes will add value to the project.

2.3 Delete the last sentence in A17, and replace with “During the term of this contract either party may designate any address, email or fax number for notices under this contract.

3.0 Definitions 3.1 Construction Budget: Delete “and GST or HST”, from definition.

3.2 Construction Manager: Add “A Construction Manager is a person or entity who

manages and coordinates the construction for a fee and who assumes the responsibilities for the general management for the project at the construction site. A Construction Manager may provide advice during pre-construction phase of a project.”

3.3 Contract for Architectural Services: Add “The Contract for Architectural

Services is the undertaking by the parties identified in the Agreement Form to perform their respective duties, responsibilities and obligations as described in the Agreement Form, Definitions, General Conditions and Schedules.”

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3.4 Contractor: Add “The Contractor is a person or entity contracting with the Client

to provide labour, material, and equipment for the execution of the Work.” 3.5 Field Review / General Review: In the definition delete the words “the Architect,

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

3.6 Project Manager: Add “The Project Manager means the person or entity, engaged by the Client to represent the Client in all matters related to this agreement.”

3.7 Reimbursable Expenses: Delete the definition of Reimbursable Expenses in its

entirety and insert the following:

“Reimbursable Expenses include the following actual expenditure, supported by receipts or invoices, incurred by the Architect or the Architect’s Consultants in the interest of the Project.

• courier services and postage; • long distance telephone calls and faxes; • reproduction of documents, including Instruments of Service, for permit

applications, tendering and reports to the Client; • renderings, models and mock-ups requested by the Client in writing; • fees, levies, duties or taxes for permits, licences or approvals from

authorities having jurisdiction; • travel outside of the lower mainland, where specifically authorized by the

Client in writing; • other costs specifically authorized by the Client in writing.

For clarity, expenditures for the following are included in the fee and are not Reimbursable Expenses to the Architect and the Architect’s Consultants:

• local telephone calls and faxes; • usage of computers and associated equipment; • reproduction of documents for use by the Architect and the Architect’s

Consultants; and • travel within the Lower Mainland.

3.8 Subcontractor: Add “A Subcontractor is a person or entity having a direct contract

with the Contractor to perform a part or parts of the Work or to supply products worked to a special design for the Work.”

4.0 Client’s Responsibilities 4.1 In GC 1.1 after the words “The Architect shall be entitled to rely upon such

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4.2 Delete GC 1.3.3 in its entirety and replace with the following: “The Client agrees to

keep the Architect informed in all matters related to dispute resolution on Construction Contract issues between the Contractor and Client”.

5.0 Architect’s Responsibilities

5.1 In GC 2.2 delete the words “at mutually convenient times” and substitute “upon request by the Client”.

5.2 Add the following as GC2.3: The Architect shall provide all of the services, and

perform all of the duties and meet all of the obligations as set out in this Contract for Architectural Services, and shall do so generally as would a competent professional architect experienced in design and construction of projects of a similar size and complexity as this Project.”

5.3 Add the following as GC2.4: “The Architect represents to the Client that:

1. The Architect and its personnel have the qualifications, experience and capabilities necessary to carry out the services to be provided by the Architect under this contract; and

2. All Consultants engaged by the Architect will have the qualifications, experience and capabilities necessary to carry out the services for which they are engaged to perform.”

5.4 Add the following as GC2.5: “Nothing in this contract shall be deemed or construed

to create a partnership or joint venture with regard to the Project or to constitute the Architect an agent of the Client except to the limited extent herein authorized. In carrying out its obligation under this contract, the Architect at all times shall be an independent contractor and the scope of the Architect’s duties in respect to the Project is limited to those expressly set out herein.”

6.0 Construction Budget and Construction Cost

6.1 In GC 3.3, delete the words “the agreed estimate of probable Construction Cost shall be adjusted” and substitute “the Client shall give due consideration to adjusting the agreed estimate of probable Construction Cost in order”.

6.2 In GC 3.4, replace “15%” with “5%”.

6.3 In GC 3.4.3, delete the words “co-operate with the Architect in” and substitute the

words “instructions for”. 6.4 In GC 3.5, delete the following the following words beginning in line 1: “and the

extent to which the lowest compliant bid or lowest negotiated proposal exceeds the latest agreed statement of Construction Cost by more than 15% is not due to extraordinary market conditions or other factors not reasonably foreseeable by or

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under the control of the Architect,”. Replace “15%” with “5%” in the remainder of that sentence.

7.0 Copyright and Use of Documents 7.1 In GC 5.3, after the words "occupancy of the Project” add the words “including for

any renovations, additions, or alterations”. At the end of the last sentence of GC 5.3 add the words “which the Architect will provide to the Client as soon as reasonably possible upon request by the Client”.

8.0 Project Identification 8.1 In GC 6.1, add the words “upon approval of the Client” at the end of the sentence.

8.2 In GC 6.2, add the words “upon approval of the Client” at the end of the first

sentence.

9.0 Liability of Architect 9.1 Delete GC 7.1, and replace with the following:

“The Architect shall obtain and maintain, throughout its work on the Project: 1. and for a period of five years after completion of the services under this

Contract for Architectural Services, professional liability insurance in an amount of not less than two million dollars $2,000,000 per occurrence on standard industry terms reasonably acceptable to the Client.

2. a comprehensive general liability insurance policy insuring against the usual perils and risks, in the amount of no less than five million dollars ($5,000,000) per occurrence and shall include the Client as an additional named insured on such policies, until completion of the services under this Contract for Architectural Services.

The above insurance policies shall be subject to the approval of the Client and shall each contain a clause requiring thirty (30) days’ notice of cancellation to the Client. The Architect shall provide satisfactory evidence of such insurance policies at the request of the Client.”

9.2 Delete GC 7.2, and replace with the following: “The Client agrees that, provided that the Architect has taken all reasonable steps to obtain and maintain the insurance required by section 7.1 of this Article 18, and has not taken or failed to take any action so as to impair the coverage of such insurance, any and all claims which the Client may have against the Architect in any way arising out of or related to the Architect’s duties and responsibilities pursuant to this contract, will be limited to the amount of such insurance.”

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9.3 In GC 7.4.1, add the following at the end of the clause: “but the Architect will conduct such inspections as may be required to be reasonably satisfied that the Work is being undertaken and conducted in compliance with the Construction Contract.”

9.4 In GC 7.4.2, add at the end “except when such acts or omissions arise from the negligence or breach of this contract by the Architect.”

9.5 In GC 7.4.6, add the following at the end of the sentence “provided such person was

acting within the scope of his or her duties as employee, officer or director and the act, omission or error made by such person was not wilful or the result of gross negligence.”

9.6 In GC 7.5, delete the words “whether” and “by the Architect” from line 2. 9.7 Add the following as GC 7.7: “the Architect will indemnify and save harmless the

Client, its employees, and agents from and against all claims, demands, losses, damages, costs and expenses made against or incurred, suffered or sustained by the Client at any time or times, (either before or after the expiration or earlier termination if this contract) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Architect or by any servant, employee, officer, director or sub-consultant of the Architect.”

10.0 Suspension of Services

10.1 In GC 8.1 delete the words “lf the Client lacks the financial ability or authority to proceed,” and substitute “For any reason at the discretion of the Client”.

10.2 In GC 8.2 add the words “without reasonable cause” after the word “Client” in line 1.

10.3 Delete GC 8.3.3 in its entirety.

10.4 In GC 8.5, add the words “other than by the Client for failure by the Architect to perform its obligations under this Agreement” after the words “suspension of services” in line 1.

11.0 Termination 11.1 In GC 8.9 delete the words “in the event that the Project is abandoned” and

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

11.2 Delete GC 8.10 11.3 In GC 8.11 add the words “other than cause” after the word “termination” in line 1.

11.4 Add the words “If the contract is terminated for a reason other than the failure or

fault of the Architect, then” to the beginning of GC 8.12, and add the following words to the end of GC 8.12: “Where the contract is terminated due to the failure or

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fault of the Architect, amounts owing by the Client to the Architect may be held back and applied to, or set off against, any amounts owing to the Client.”

11.5 In GC 8.12.1, replace the word “twenty” with the word “ten”.

11.6 In GC 8.12.2 replace the word “ten” with the word “five”. 12.0 Law Governing this Agreement

12.1 Delete GC 9.1 and substitute the following: “This contract shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia.”

13.0 Payments to the Architect

13.1 In GC 12.2, delete the words “for which the Architect is proven to be legally responsible or” and substitute the words “caused by the Architect failing to abide by the standard of a reasonable, prudent and experienced architect, or those which the Architect”.

13.2 Add the following words at the end of GC 12.3: “unless such variance is the result of the failure of the Architect to take those project cost considerations into account which a reasonable, prudent, and experienced Architect would have taken into account and the Client is required to incur additional costs as a result of the variance”.

13.3 Add to the end of GC 12.5: “The Architect shall not commence any Additional

Services unless and until the Architect receives written approval from the Client. For Additional Services that are approved by the Client, the Client shall pay the Architect a fee based on the hourly rates set out in the submitted proposal or as otherwise agreed.”

13.4 Add the following as GC 12.11: “For reimbursable expenses the Client shall pay the

Architect the applicable rate set out in (Architectural proponent’s) proposal submitted to the City of New Westminster with a maximum budget of $XXXX.XX, unless otherwise agreed upon in advance by the Client and Architect in writing.”

14.0 Dispute Resolution

14.1 Add the following to GC 13.1: “If the parties have been unable to resolve a Dispute, both parties may agree to the appointment of a mediator to assist the parties to reach an agreement prior to negotiation. All disputes arising out of or in connection with this Contract for Architectural Services may be settled by litigation commenced by any party at the election of that party, or may, with the written concurrence of both the Client and the Architect, be referred to and finally decided by a single arbitrator pursuant to the Commercial Arbitration Act, S.B.C. c.3, and the rules of the British Columbia International Commercial Arbitration Centre shall apply.”

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The following reflect additions / alterations to Schedule B to Document 6 – Services of the Architect and Responsibilities of the Client

Architect’s Services 15.0 Architectural Services

1.1 include the following disciplines to be engaged by the Architect: “civil, landscape architect, land surveyor, quantity surveyor”

1.3 add new “The Architect shall be responsible for the management, processing, and maintenance of any LEED® application in connection with the Project. The Architect shall provide technical support material and specifications and otherwise generally assist the Client in the LEED® Certification process.”

16.0 Schematic Design Phase 2.6 Add new, “perform building code and fire safety analysis for the Project.”

2.7 Add new, “review both off-site and on-site utilities.”

17.0 Design Development Phase Services 3.4 Add new, “prepare and submit drawings and documents to rezone and consolidate

adjacent city owned properties for the Project.”

3.5 Add new, “comply with all applicable building laws including current zoning and building bylaws of the City of New Westminster and the BC Building Code.”

19.0 Construction Documents Phase

4.2 Delete in entirety. 20.0 Bidding or Negotiation Phase

5.2 Add new, “As required, the Architect shall; (i) issue addenda, and (ii) review and approve or reject alternate product(s) or solution(s) identified by

bidders.

5.3 Add new, “During the Bidding or Negotiation Phase and Contract Administration Phase the Architect shall not approve products or materials as an “or equal” to the initial specification approved by the Client, without the Client’s specific consent.

21.0 Construction Phase – Contract Administration

6.2.1 Delete and replace with, “be a representative of the Client; any actions by the Architect must be communicated to and discussed with the Project Manager and Client.”

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6.2.6 Add at the end of the sentence, “and ensure that the Architect’s consultants carry out the Field Review / General Review of the Work and attend site meetings as required.”

6.2.16 Add at the end of the sentence, “All services relating to shop drawings, product

data, and samples shall be coordinated through the Contractor.”

6.2.24 Add new, “in consultation with the Contractor, determine the date of Substantial Performance for the whole of the Work, for any contract eligible for early release of lien holdback, and issue the certificates of Substantial Performance.”

6.2.25 the Contractor shall coordinate the receipt and review of the written warranties and

related documents (i.e. operating and maintenance manuals). The Architect shall assist in the review of this material, as required;

6.2.26 Add new, “participate in bi-weekly construction coordination meetings with the

(Project Manager / Client) and Contractor.”

6.2.27 Add new, “ prepare record drawings showing changes to the Work made during construction based on the Contractor’s as-built drawings and other data furnished by the Contractors provide electronic record drawings from records provided by the Contractor in a format acceptable to the owner;

6.2.28 Add new, “The Architect will be the payment certifier for the purposes of the

Builders Lien Act, for the purposes of certifying payments and completion of the Work and the Architect will perform the role of the Consultant under the Construction Contract Form approved for use on the Project by the Client.”

Client Responsibilities (either go with what is in the standard Schedule B or customize) Delete and replace with: 1.0 The Client shall provide:

1.1 full information regarding the requirements for the Project including a program settling forth the Client’s Project objectives, constraints, schedules, and criteria, including: 1. spacial and functional requirements and relationships, 2. flexibility and expandability, 3. special equipment and systems, and 4. site requirements;

1.2 a Construction Budget for the Project; and

1.3 information, surveys, reports and services as set out below, the accuracy and

completeness of which the Architect shall be entitled to rely upon and such contracts for the provision of information, surveys, reports and services, whether arranged by the Client or the Architect, shall be considered direct contracts with Clients unless explicitly provided otherwise:

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1. surveys describing legal limitations for the Project site, and a written legal description of the site and adjoining properties as necessary showing the following survey and legal information, as applicable: grades and lines of streets, pavements and adjoining property and structures; rights of way; restrictions; easements; encroachments; and zoning;

2. Subsurface investigation and reports which include test borings, test pits and determination of soil bearing values; and

3. All legal, accounting and insurance counselling services as may be necessary at any time for the Project, including such auditing services as the Client may require to verify the contractor’s application for payment or to ascertain how or for what purpose the contractor uses the monies paid by or on behalf of the Client.

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APPENDIX C

Services of the Architect and Responsibilities of the Client (RAIC Schedule B)

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Schedule B to Document Six, 2006 Edition Services of the Architect and Responsibilities of the Client

Architect:

Client:

Project: Project No: © 2006, The Royal Architectural Institute of Canada all rights reserved.

Architect’s Services 1.0 Architect’s Services

1.1 The Architect’s services consist of those services performed by the Architect, the Architect’s employees, and the Architect’s Consultants set forth herein and any other services included in Article A.18. They include the provision of normal structural, mechanical, electrical, and civil engineering, landscape architecture, land surveying and quantity surveying services by professional engineers when these Consultants are engaged by the Architect.

1.2 The Architect’s services include Consultant Coordination required to integrate all parts of the services.

1.3 The Architect shall be responsible for the management, processing and maintenance of any LEED® application in connection with the Project. The Architect shall provide technical support material and specifications and otherwise generally assist the Client in the LEED® Certification process.

2.0 Schematic Design Phase The Architect shall: 2.1 meet and review the program of requirements furnished by the Client and characteristics of the

site; 2.2 review and comment on the Client’s Construction Budget in relation to the Client’s program of

requirements; 2.3 review with the Client alternative approaches to the design of the Project and the types of

construction contracts; 2.4 review applicable statutes, regulations, codes and by-laws and where necessary review the same

with the Authorities Having Jurisdiction; 2.5 based on the mutually agreed upon program of requirements, schedule and Construction Budget,

prepare for the Client’s review and approval, schematic design documents to illustrate the scale and character of the Project and how the parts of the Project functionally relate to each other;

2.6 prepare and submit to the Client an estimate of probable Construction Cost based on current area or volume unit costs;

2.7 Perform building code and fire safety analysis for the Project; and 2.8 Review both physical conditions of the site and off-site and on-site utilities.

3.0 Design Development Phase

Based on Client approved schematic design documents and agreed estimate of probable Construction Cost, the Architect shall: 3.1 prepare for the Client’s review and approval, design development documents consisting of

drawings and other documents appropriate to the size of the Project, to describe the size and character of the entire Project including the architectural, structural, mechanical, electrical systems, civil, and landscape materials and such other elements as may be appropriate;

3.2 prepare and submit to the Client for approval a revised estimate of probable Construction Cost; Document #1052144

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3.3 continue to review applicable statutes, regulations, codes and by laws as the design of the Project is developed;

3.4 prepare and submit drawings, documents and presentation material that are suitable for rezoning and attend any meetings of the Design Review Committee and the Advisory Planning Committee;

3.5 attend all meetings associated with the City of New Westminster development process; and 3.6 prepare drawings for the acquisition of a Development Permit.

4.0 Construction Documents Phase

Based on the Client approved design development documents and agreed estimate of probable Construction Cost, the Architect shall: 4.1 prepare, for the Client’s review and approval, Construction Documents consisting of drawings and

specifications setting forth in detail the requirements for the construction of the Project; 4.2 coordinate the work of all applicable consultants 4.3 obtain instructions from and advise the Client on the preparation of the necessary bidding

information and work with the Client’s Purchasing Division in the preparation of tender documents. The Client shall provide tender template documents for the Architect to complete;

4.4 review statutes, regulations, codes and by-laws applicable to the design and where necessary review the same with the Authorities Having Jurisdiction in order that the Client may apply for and obtain the consents, approvals, licences and permits necessary for the Project; and

4.5 submit the applications for building permit on behalf of the Client.

5.0 Bidding or Negotiation Phase 5.1 Following the Client’s approval of the Construction Documents and the latest estimate of probable

Construction Cost, the Architect shall assist and advise the Client in obtaining bids or negotiated proposals and in awarding and preparing contracts for construction.

5.2 The Architect shall attend the mandatory bidder’s walkthrough on site. 5.3 As required, the Architect shall:

.1 issue addenda, and

.2 review and approve or reject alternate product(s) or solution(s) identified by the bidders. 5.4 During the Bidding and Negotiation Phase and Contract Administration Phase the Architect shall

not approve products or materials as an “or equal” to the initial specification approved by the Client, without the Client’s specific consent.

6.0 Construction Phase – Contract Administration

6.1 The extent of the duties, responsibilities, and limitations of authority of the Architect as the Client’s representative during construction shall be modified or extended only with the written consent of the Client and the Architect.

6.2 During the construction phase – contract administration, the Architect shall: .1 be a representative of the Client; any actions by the Architect must be communicated to

and discussed with the Client; .2 advise and consult with the Client; .3 have the authority to act on the Client’s behalf to the extent provided in this contract and

the construction contract documents; .4 have access to the Work at all times wherever it is in preparation or progress; .5 forward all instructions from the Client to the contractor; .6 carry out the Field Review / General Review of the Work and ensure that the Architect’s

consultants carry out the Field Review / General Review of the Work and attend site meetings as required;

.7 examine, evaluate and report to the Client upon representative samples of the Work; Document #1052144

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.8 keep the Client informed of the progress and quality of the Work, and report to the Client defects and deficiencies in the Work observed during the course of the site reviews;

.9 determine the amounts owing to the contractor under the construction contract based on the Architect’s observations and evaluation of the contractor’s application(s) for payment;

.10 issue certificates for payment in the value proportionate to the amount of the construction contract, of Work performed and products delivered to the Place of the Work;

.11 in the first instance, interpret the requirements of the construction contract documents and make findings as to the performance thereunder by both the Client and contractor;

.12 render interpretations in written and graphic form as may be required with reasonable promptness on the written request of either the Client or the contractor.

.13 render written findings within a reasonable time, on all claims, disputes and other matters in question between the Client and the contractor relating to the execution or performance of the Work or the interpretation of the construction contract documents;

.14 render interpretations and findings consistent with the intent of and reasonably inferable from the construction contract documents; showing partiality to neither the Client nor the contractor; but shall not be liable for the result of any interpretation or finding rendered in good faith in such capacity;

.15 have the authority to reject Work which does not conform to the construction contract documents, and whenever, in the Architect’s opinion, it is necessary or advisable for the implementation of the intent of the construction contract documents, have the authority to require special inspection or testing of Work, whether or not such Work has been fabricated, installed or completed;

.16 review and take other appropriate action with reasonable promptness upon such contractor’s submittals as shop drawings, product data, Requests for Information and samples, for conformance with the general design concept of the Work as provided in the construction contract documents. All services relating to shop drawings, product data and samples shall be coordinated through the contractor;

.17 prepare change orders and change directives for the Client’s approval and signature in accordance with the construction contract documents;

.18 have the authority to order minor adjustments in the Work which are consistent with the intent of the construction contract documents, when these do not involve an adjustment in the contract price or an extension of the contract time;

.19 furnish supplemental instructions to the contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Architect and the contractor;

.20 determine the date of Substantial Performance of the Work;

.21 receive and review, by both the Architect and the Architect consultants, from the contractor and forward to the Client for the Client’s review the written warranties and related manuals and documents;

.22 verify the validity of the contractor’s application for final payment and issue a certificate of final payment;

.23 prior to the end of the period of one year following the date of Substantial Performance of the Work, review any defects or deficiencies which have been reported or observed during that period, and notify the contractor in writing of those items requiring attention by the contractor to complete the Work in accordance with the construction contract;

.24 in consultation with the contractor, determine the date of Substantial performance for the whole of the Work, for any contract eligible for early release of lien holdback, and issue the certificates of Substantial Performance;

.25 participate in bi-weekly construction coordination meetings with the Client and contractor;

.26 prepare record drawings showing the changes to the Work made during construction based on the contractor’s as-built drawings and other data furnished by the contractor;

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.27 provide electronic record drawings from records provided by the contractor in a format acceptable to the Client; and

.28 act as the payment certifier for the purposes of the Builder’s Lien Act, for the purposes of certifying payments and completion of the Work and the Architect will perform the role of the consultant under the Construction Contract Form approved for use on the Project by the Client.

7.0 Construction Budget and Estimate of Probable Construction Cost

7.1 The Architect shall review and comment on the Client’s Construction Budget and shall prepare the estimate of probable Construction Cost as set out in this contract.

Client’s Responsibilities 1.0 The Client shall provide:

1.1 full information regarding the requirements for the Project including a program setting forth the Client’s Project objectives, constraints, schedules, and criteria, including: .1 spatial and functional requirements and relationships, .2 flexibility and expandability, .3 special equipment and systems, and .4 site requirements;

1.2 a Construction Budget for the Project; and 1.3 information, surveys, reports and services as set out below, the accuracy and completeness of which

the Architect shall be entitled to rely upon and such contracts for the provision of information, surveys, reports and services, whether arranged by the Client or the Architect, shall be considered direct contracts with Clients unless explicitly provided otherwise: .1 surveys describing legal limitations for the Project site, and a written legal description of the

site and adjoining properties as necessary showing the following survey and legal information, as applicable: grades and lines of streets, pavements and adjoining property and structures; rights of way; restrictions; easements; encroachments; zoning;

.2 subsurface investigation and reports which include but are not limited to test borings, test pits, determination of soil bearing values; and

.3 all legal, accounting and insurance counselling services as may be necessary at any time for the Project, including such auditing services as the Client may require to verify the contractor’s applications for payment or to ascertain how or for what purpose the contractor uses the monies paid by or on behalf of the Client.

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APPENDIX D

Conceptual Site / Floor Plan

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93.1

1S

PK

92.8

9

92.6

0

92.5

0

92.4

8

92.4

9

92.4

4

92.2

7

91.9

0

91.5

5

93.0

2

92.4

2

92.3

7 92.8

8

92.2

7

CO

NC

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92.1

9

BO

LLA

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BO

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RD

92.1

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BO

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91.9

3

91.8

6

91.4

9

91.4

2

91.3

4

91.3

8

91.5

0

91.4

4

RIM

=91.7

8m

92.5

8

92

92.8

6

16

5 93.2

8

16

6

93.1

0

16

7

92.5

9 16

8

92.6

7

16

9

92.6

3

176

92.2

8

177

91.6

1

178

91

18

0

91.3

0

18

191.6

1

91.1

8

BENCH

91.9

1 SP

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92.5

0

WV

EL=

92

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SU

MP

21

2

21

3

92.1

6

21

4

91.8

7

91.7

4

92.3

7

92.3

0

92.2

3

92.1

2

92.0

5

91.9

9

91.8

791

.76

91.5

6

92.2

7

92.2

4

175

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=91

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92.5

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292

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91.9

0

92.1

9

BO

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92.1

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BO

LLA

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AV

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RIM

=91.9

5m

CB

MA

NH

OLE

INV

=91

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.90

.11

GR

AV

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92

BO

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RD

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.90

.11

91.4

9

91.4

2

91.3

4

91.3

8

91.5

0

91.4

4

92.5

8

176

92.2

8

RIM

=91.7

8m

.38 91

.91 S

PK

91.7

4

175

CO

NC

RE

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MA

NH

OLE

INV

=90

.08

m

18

191.6

1

21

3

92.1

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93.1

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PK

.88

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BU

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TO

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91.1

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BENCH

178

.18

.18

BENCH

BENCH

177

91.6

1

.38

18

0

91

21

4

91.8

7

91.8

791

.76

16

9

92.6

3

16

6

93.1

0

93.0

2

16

5 93.2

8

16

7

92.5

9 16

8

92.6

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1,5

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48'-6"

7'-7"

8'-9 5

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7'-5 1/4"

21'-10"

10'-6"

23'-5"

26-4"

19'-0"

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NWRFP-17-21

APPENDIX E

Order of Magnitude Estimate James Bush & Associates

October 2016

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QUEENS PARK CONCESSIONfor CITY OF NEW WESTMINSTER

design by: IRREDALE ARCHITECTURE

Order of Magnitude Estimate

October 17, 2016

James Bush & Associates Ltd., Professional Quantity Surveyors3722 - 197th Street, Langley, BC

Phone (604) 533-8004 Email jim @jba.bc.ca

LEED

tm A

ccredit

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rofessio

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Professio

nal Q

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urveyors

Value A

nalysts

QUEENS PARK CONCESSION October 9, 2012

for CITY OF NEW WESTMINSTERdesign by: IRREDALE ARCHITECTURE

EXECUTIVE PROJECT COST SUMMARY

Gross Floor Area 142.0 m2

Summary of Construction Type

NEW Building Construction $5,201.39 $738,600

$483.22 /SF

Site Setup, Security, Material Handling 25,300

Existing Building Demolition 49,500

Earthwork 33,700

Concrete work 44,100

Masonry 102,200

Structural Steel & Metal Deck 21,600

Miscellaneous Metals 1,400

Rough & Finish Carpentry, Millwork 78,800

Exterior Cladding - Metal Roofing & Siding, Windows 80,500

Metal Doors & Frames 9,600

Rolling Shutter 5,100

Flooring 4,300

Ceilings 3,300

Painting 8,700

Specialties 30,700

Electrical 27,700

Mechanical 59,900

General Contractor Overhead 85,200

Design Contingency 10% 67,000

SITE DEVELOPMENT $1.49 $100,000

Exterior paving & Hard Landscaping 50,000

Soft Landscaping & Planting By Others

Services Connections (Water, Sanitary, Storm) 35,000

Hydro Connection & Service to Building 15,000

Concession Equipment Allowance $80,000

Construction Contingency (change orders) 5.0% $41,900

Escalation from Oct 2016 to construction start Jun-17 5.0% $48,000

TOTAL REASONABLE BID PRICE CONSTRUCTION $1,008,500

Offsite Works $0

SOFT COSTS $161,000

Design & Engineering Fees/Expenses 12% 121,000

DCC's City Cost

Building Permit & Inspections City Cost

Project Management City Cost

City Insurance, Project Admin & Legal Costs City Cost

Furnishings & Equipment, Signage, Furniture (Owner Supplied) 40,000

Project Contingency City Cost

Payable GST - Municipality eligible for 100% rebate City Cost

TOTAL PROJECT COST $1,169,500

Concrete block exterior walls, pitched

solid wood roof deck & canopy overhang,

sloped metal roofing,

Page 2 Order of Magnitude Cost Estimate

NWRFP-17-21

APPENDIX F

Mandatory Requirements Acknowledgement

MANDATORY REQUIREMENTS

MANDATORY REQUIREMENTS

Description Yes / No

Minimum 5 years recent and relevant experience in the design and construction of concession / public washroom facilities

Registration with the Architectural Institute of British Columbia

Relevant experience with City requirements related to rezoning and development permits

Experience with successfully coordinating the work of a multi-disciplined team of consultants

**A Proponent must include this Appendix as part of their submission.

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