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REQUEST FOR PROPOSAL for Project Name Opportunity Name Project Number RFP Number Contact Person: E-mail: Date of Issue: Closing: 15:00:00 Pacific Time,

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Page 1: REQUEST FOR PROPOSAL - Interior Health · Interior Health (IH) ... Acute Care, Community Integrated Health Services, Public Health and Corporate Supports. IH serves a large geographic

REQUEST FOR PROPOSAL

for

Project Name

Opportunity Name

Project Number

RFP Number

Contact Person: E-mail:

Date of Issue:

Closing: 15:00:00 Pacific Time,

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION ............................................................................................................... 3

1.1 OVERVIEW OF INTERIOR HEALTH AUTHORITY ...................................................................................... 3

1.2 OVERVIEW OF PURCHASE ........................................................................................................................ 3

1.3 TERMINOLOGY ............................................................................................................................................ 4 SECTION 2: PROPOSAL INSTRUCTIONS ........................................................................................................... 6

2.1 GENERAL INSTRUCTIONS ......................................................................................................................... 6

2.2 PRICING CONSIDERATIONS ...................................................................................................................... 7 SECTION 3: EVALUATION CRITERIA .................................................................................................................. 7

3.1 GENERALLY ................................................................................................................................................. 7

3.2 MANDATORY CRITERIA .............................................................................................................................. 7

3.3 DESIRABLE CRITERIA ................................................................................................................................. 9 SECTION 4: PRE-CLOSING .................................................................................................................................. 9

4.1 SITE MEETING ............................................................................................................................................. 9

4.2 QUERIES, DISCREPANCIES OR OMISSIONS ......................................................................................... 10

4.3 ON-LINE SYSTEM CHANGES ................................................................................................................... 10 SECTION 5: MODIFICATIONS AND WITHDRAWALS ....................................................................................... 11 SECTION 6: POST-CLOSING .............................................................................................................................. 12

6.1 EVALUATION PROCESS ........................................................................................................................... 12

6.2 SELECTION, NEGOTIATION & CONTRACT FORMATION ...................................................................... 13 SECTION 7: DIVISION-SPECIFIC MATTERS ..................................................................................................... 14 SECTION 8: OTHER MATTERS .......................................................................................................................... 15

8.1 RFP LIABILITY AND TERMINATION .......................................................................................................... 15

8.2 COMPLAINT PROCESS ............................................................................................................................. 16

8.3 CONFIDENTIALITY ..................................................................................................................................... 16

8.4 GOVERNING LAW ...................................................................................................................................... 16

8.5 INTERPRETATION ..................................................................................................................................... 17

8.6 TRADE AGREEMENTS .............................................................................................................................. 17

8.7 ATTACHMENTS & HEADINGS .................................................................................................................. 17 ATTACHMENT A – Proposal Cover Page ATTACHMENT B – Financial Contribution Disclosure ATTACHMENT C – References ATTACHMENT D – Supplementary Proposal Forms ATTACHMENT E – Pricing Instructions and Forms ATTACHMENT F – Supplementary Mandatory Criteria ATTACHMENT G – Desirable Criteria ATTACHMENT H – Evaluation Process ATTACHMENT I – Scheduling ATTACHMENT J – Payment Terms ATTACHMENT K – Interior Health Responsibilities ATTACHMENT L – Statement of Work/Scope of Services ATTACHMENT M – Technical Specifications ATTACHMENT N – Special Conditions ATTACHMENT O – General Conditions ATTACHMENT P – Privacy Schedule ATTACHMENT Q – Insurance Certificate ATTACHMENT R – Diagrams and Drawings ATTACHMENT S – Additional Background Information

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SECTION 1: GENERAL INFORMATION

1.1 OVERVIEW OF INTERIOR HEALTH AUTHORITY

Interior Health (IH) was established as one of five geographically-based health authorities in 2001 by the Government of British Columbia. It is responsible for ensuring publicly funded health services are provided to the people of the Southern Interior. Our key areas of service include: Acute Care, Community Integrated Health Services, Public Health and Corporate Supports.

IH serves a large geographic area covering almost 215-thousand square kilometres and includes larger cities such as Kelowna, Kamloops, Cranbrook, Penticton and Vernon, and a multitude of rural and remote communities.

Within IH, services are delivered through a complex regional “network of care” that includes hospitals, community health centres, residential assisted living facilities, mental health housing, primary health clinics, homes, schools, and other community settings.

Please refer to our website www.interiorhealth.ca for additional details.

1.2 OVERVIEW OF PURCHASE

Architectural and Engineering Services for the design and construction of the Project Name located at Facility Name, in City, British Columbia, using Design Bid Build as the method of construction contract. IH has issued this RFP for the purpose of inviting Proposals from Proponents to perform the Consultant’s services described in Attachment L to this RFP, with respect to the Project also described in Attachment L The relevant scope of Performance Obligations, including specifications and other requirements are as set out in this RFP. 1.2.1 Key Dates. The process may include the following:

Activities Dates

Issue RFP As set out on cover

page of RFP

Site Meeting local time, Date

End of query period

15:00:00 Pacific Time, five (5)

Business Days prior to Closing

Closing As set out on cover

page of RFP

Estimated date for interviews if conducted (short list) Date

Estimated date for selection of preferred Proponent(s) or Successful Proponent(s)

Date

Estimated Contract effective date Date

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1.2.2 Modified Dates. Interior Health reserves the right to modify any of the dates noted above, in accordance with the terms of this RFP.

1.3 TERMINOLOGY

Throughout this RFP, capitalized terminology shall be interpreted according to the applicable definitions of this RFP, including documents incorporated into this RFP by reference, the Attachments to this RFP and as follows:

“BC Bid” means the BC Bid website located at www.bcbid.ca;

“Closing” is the precise time and date set out on the cover page of this RFP.

“Closing Location” means the definitive location for submissions, being either a

street address or BC Bid, as set out in clause 3.2 (Mandatory Criteria) of this RFP;

“Committee” means a select group of Interior Health representatives assembled to create this RFP and/or evaluate Proposals. The Committee may include employees and contractors of IH. All Committee personnel will be bound by the same standards of confidentiality.

“Contact Person” means the individual named on the cover page of this RFP, and is

to be the single point of contact at Interior Health for any and all questions and comments relating to the RFP.

“Contract” means the written agreement defined in Attachment A resulting from this RFP, if created by IH and the Successful Proponent according to the process described in this RFP. For greater certainty, “Contract” does not refer to any bid contract or other preliminary contract relating to the evaluation process (and commonly referred to by Canadian courts as ‘Contract A’), but refers only to any contract relating to Performance Obligations (and commonly referred to by Canadian courts as ‘Contract B’).

“Facility” means IH hospitals, health care centers and other buildings owned and/or

operated by IH.

“Goods” means any goods, materials, merchandise, equipment and supplies described in this RFP to be delivered or provided by the Successful Proponent under the Contract.

“Interior Health” or “IH” means Interior Health Authority and includes the Capital

Planning & Projects department, the main authority for tendering, purchasing and contract development on behalf of the project.

“Material Non-Compliance” or “Materially Non-Compliant” means that:

(i) a point of Non-Compliance bears more significance than a Minor Irregularity, or (ii) a Proponent does not respond in its Proposal to (or does not act in a way that

complies with) a Mandatory requirement, as evaluated by IH in its sole and absolute discretion, individually and not in combination with any other point(s) of Non-Compliance.

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“Minor Irregularity” means that a point of Non-Compliance, as evaluated by IH in its sole and absolute discretion, individually and not in combination with any other point(s) of Non-Compliance, does not significantly impact: (i) the total price associated with the Proposal, or (ii) the proper performance of the Contract. Minor Irregularities include without limitation the defects listed in clause 2.1.2 (Defects).

“Must” or “Mandatory” means a requirement that is required to be met in order for a

Proposal to avoid automatic disqualification, and receive further consideration.

“Non-Compliance” or “Non-Compliant” means that a Proponent or its Proposal does not satisfy any one or more of the requirements of IH or this RFP (whether or not the non-compliance is significant or material), including without limitation: (i) Proposals that are unsigned; (ii) Proposals that do not contain the content or follow the form required in the RFP; (iii) Proposals submitted by Proponents who fail to comply with the process or timing for submissions; (iv) Proposals that are non-conforming, conditional, or irregular; (v) Proposals that contain variations, alterations, exceptions or qualifications to the RFP; (vi) Proposals with defects, omissions, inaccuracies or misstatements; (vii) Proposals which contain any false or misleading statements, claims or information, or for which background investigations reveal any such statement, credit issues, litigiousness, lobbying, insolvency/bankruptcy, conflict of interest (real, perceived, or potential), or criminal/disreputable affiliations or activities by a Proponent, or (viii) clinical/technical unacceptability or other unacceptability considerations, all regardless of type or degree.

“Performance Obligations” mean any and all Goods to be delivered or provided,

Services to be performed, and other duties, obligations, responsibilities, and activities to be carried out by the Successful Proponent under the Contract.

“Proponent” means an individual or company that submits, or intends to submit, a

Proposal.

“Proposal” means a response from a Proponent to this Request for Proposals.

“Request for Proposal” or “RFP” means this document including all schedules, attachments, appendices, addenda, modifications, amendments and documents incorporated by reference.

“Services” means any services described in this RFP to be performed by the

Successful Proponent under the Contract.

“Should” or “Desirable Criteria” means criteria or requirements having a significant degree of importance to the objectives of this RFP.

“Successful Proponent” means an individual or company that enters a Contract with

Interior Health as a result of the RFP.

“Working Days” or “Business Days” means a day other than a Saturday or Sunday or a holiday which is observed by Interior Health. In this RFP, if any period ends on a day other than a Business Day, that period will be extended to the next following Business Day.

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SECTION 2: PROPOSAL INSTRUCTIONS

2.1 GENERAL INSTRUCTIONS

2.1.1 Forms. If a prescribed fill-in-the-blank form is provided in this RFP in relation to particular subject matter, Proponents are instructed to submit their responses in the format provided, and to complete the form. If space on the form is insufficient, or if a Proponent wishes to include additional information that is not requested, such information is to be cross-referenced and contained within a separate part of the Proposal.

2.1.2 Defects. If a prescribed fill-in-the-blank pricing form is provided in this RFP, Interior

Health will respond to the following defects in the following manner:

Defect IH Response

Extension errors between unit pricing, and totals/subtotals

Unit pricing applies, and totals/subtotals may be corrected by IH

Blank cells for totals and subtotals If unit pricing is included, unit pricing applies, and totals/subtotals may be calculated by IH

Blank cells for line items (not including totals and subtotals)

Dollar amount will be deemed to be “$0”

Bid amount in writing is different than numerical amount

Bid amount in writing will take precedence

Dollar amount has been over-written or struck out, without initialing the change

Proponent may be given two (2) Business Days to initial the change

Sales taxes miscalculated Sales taxes may be corrected by IH

2.1.3 Sub-contractors. Proponents are instructed to complete and submit as a part of their Proposals a list of their sub-contractors and/or sub-consultants to be employed in carrying out the Contract.

2.1.4 Policies. The Proponent understands and agrees to comply with Interior Health’s policies

in connection with this RFP and any subsequent Contract, as posted on the Interior Health website. For ease of reference the most relevant policies, including regarding infection control, are posted at: http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/Policies.aspx

2.1.5 Language. The working language of the Province of British Columbia is English and all

responses to this RFP should be in English. Any portion of a Proposal not in English may not be evaluated.

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2.2 PRICING CONSIDERATIONS

2.2.1 Best Value. The Committee endorses the best value for money philosophy in acquisition and supply which includes total cost consideration, service and support coverage and additional value added services. Proponents are encouraged to be creative and innovative in their Proposals. Proposals should challenge and re-engineer current business practices which may benefit both Interior Health and the Proponent (while avoiding Non-Compliance). Proponents should include information that the Proponent may consider as additional benefit(s) for evaluation, other than the pricing. Proposals should be complete, concise, and self-explanatory as to intent.

2.2.2 Alternatives. Proponents are encouraged to be creative and submit pricing for alternate,

but comparable, Goods and Services. Proponents may expand their Proposals to detail additional features, performance characteristics or innovative or creative options available beyond those required, together with pricing information, provided the Goods or Services offered at least meet the specifications prescribed in this RFP. If an alternative solution is offered and Non-Compliance may be a factor in relation to the evaluation of the alternative solution, then the Proponent should submit the information in relation to the alternative solution in the same written format as described under this RFP, but as an entirely separate Proposal.

2.2.3 Best Offer. Interior Health typically does not negotiate base pricing with any Proponent,

except as contemplated under clauses 5.1.3 (Proposal Modifications) or 5.1.4 (RFP Modifications), or elsewhere in this RFP. Therefore, your absolute best offer should be put forward in your Proposal.

SECTION 3: EVALUATION CRITERIA

3.1 GENERALLY The selection of the Successful Proponent(s) will be based on the Mandatory requirements and Desirable Criteria identified in the Request for Proposal. Proposals should contain sufficient information for the Committee to select a Proponent.

3.2 MANDATORY CRITERIA

M.1. Submission Time/Place. It is MANDATORY that the Proposal be delivered to the Closing Location, no later than the Closing. Emailed or faxed Proposals will not be accepted.

The Closing Location is BC Bid; Proponents MUST submit an electronic Proposal using BC Bid. Proponents are instructed to upload their Proposals to BC Bid with pricing forms saved as a separate file from non-pricing information. Proponents are solely responsible for ensuring that Proposals are submitted in accordance with the BC Bid requirements, including applicable “Terms and Conditions of Use”, file size restrictions and e-bidding key requirements found at www.bcbid.ca. Proponents are solely responsible for ensuring that any attachments are not compressed, not corrupted and not contaminated by a virus or malware. IH may reject Proposals that are compressed, corrupted, contaminated, or cannot be opened in whole or in part for any reason.

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Only pre-authorized electronic bidders registered on the BC Bid system can submit an electronic proposal using the BC Bid system. The normal time for BC Bid to process a correct and complete PDF registration form is one to two business days, but it can take longer, so complete the registration process as far in advance of the Closing as possible. Proponents should refer to the BC Bid website or contact the BC Bid Helpdesk for more information. The Proponent bears all risk associated with delivering its Proposal through BC Bid including but not limited to delays in registration with BC Bid, delays in transmission between the Proponent’s computer and BC Bid, and delays in uploading by BC Bid. The Committee may wish to review non-pricing information before reviewing pricing forms (although it is under no obligation to do so). Please do not disclose pricing within the non-pricing information of your Proposal. It is the sole responsibility of each Proponent to deliver its complete Proposal to the Closing Location, no later than the Closing. In the event of a dispute, the precise time of Proposal receipt as recorded at the Closing Location shall prevail whether accurate or not. It is requested that all electronic documents be supplied in Microsoft Office or PDF format.

M.2. Signed Attachment A. It is MANDATORY that the Proposal include Attachment A (entitled “Articles of Agreement”, or “Proposal Cover Page”) to this RFP, signed by the Proponent, in order to offer to bind the Proponent to the Contract (including statements made in the Proposal submitted by the Proponent). Proponents are instructed to submit their signed Attachment A as part of the electronic version of the Proposal. For example: a Proponent may wish to print a hard-copy of Attachment A, arrange for signature by hand, and scan the signed document into PDF format. Another example: a Proponent may wish to apply an image or other electronic version of the signature directly to a soft-copy of Attachment A. An electronic Proposal submitted on BC Bid is submitted using the e-bidding key of the Proponent. Using the e-bidding key of a sub-contractor or sub-consultant is not acceptable. IH urges Proponents to sign and include Attachment A as described above. Nevertheless, if a Proponent fails to do so, attachment of the Proponent’s e-bidding key to an electronic Proposal constitutes the signature of the Proponent, and IH reserves the right to rely on that electronic signature as if it is affixed to Attachment A, without the submission of additional signatures or copies of Attachment A, in order for this Mandatory requirement to be met. Any missing information in Attachment A to this RFP should also be completed by the Proponent. Thus, Attachment A would include the Proponent’s name(s) and contact information, in preparation for the potential creation of a Contract. If the Proponent does not complete missing information in Attachment A, IH may complete it using information provided in the Proponent’s Proposal, or information requested by IH for clarification purposes. Please refrain from inserting an effective date on the first page of Attachment A, as this date may be affected by evaluations, potential negotiations or other steps in the RFP process.

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M.3. Conflict of Interest - Specific Disclosure. Without limiting the generality of the general disclosure requirement set out in clause 6.1.4 (Conflict of Interest), it is MANDATORY that the Proposal include Attachment B (Financial Contribution Disclosure). If the table in Attachment B is left blank, the Proponent shall be representing and warranting that it has provided no financial or other contribution to or for the benefit of any employee, staff member or other representative of Interior Health during the five (5) years preceding the Closing. To the extent that the table in Attachment B is completed, the Proponent shall be representing and warranting that it has provided no undisclosed financial or other contributions to or for the benefit of any employee, staff member or other representative of Interior Health during the five (5) years preceding the Closing. If a Successful Proponent has failed to disclose such contributions prior to Closing, IH shall be entitled to terminate any subsequent Contract immediately on written notice, and any resulting costs suffered by IH shall be the responsibility of the Successful Proponent.

M.4. Mandatory Site Meeting. It is MANDATORY that at least one representative of the

Proponent attend the mandatory site meeting, and register with IH at the place designated in clause 4.1 (Site Meeting), prior to a verbal declaration by the on-site IH representative that the meeting has begun. [The representative(s) who register MUST be certified member(s) of the following professional discipline(s):

M.5. Supplementary Mandatory Criteria. It is MANDATORY that the Proponent and/or its

Proposal meet the Supplementary Mandatory Criteria set out in Attachment F.

3.3 DESIRABLE CRITERIA

3.3.1 Desirable Criteria relevant to the evaluation of the Proposals are set out in Attachment G. Weighting associated with each Desirable Criterion are set out in Attachment H. Proponents should ensure that they fully respond to all Desirable Criteria in order to receive full consideration during evaluation.

SECTION 4: PRE-CLOSING

4.1 SITE MEETING The following MANDATORY site meeting will be held: Date and Time: As set out in clause 1.2.1 (Key Dates). Location: Meet in Main Lobby Facility Name Facility Address The Proponent representative attending the site meeting Must register with IH at the designated place, prior to a verbal declaration by the on-site IH representative that the meeting has begun. The same

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Proponent representative should be identified as a member of the project team on the Proposal. Any Proponent arriving to the meeting after IH’s verbal declaration that the meeting has begun will not be permitted to register, and will be disqualified. The on-site IH representative may declare that the site meeting has begun at the time set out in clause 1.2.1 (Key Dates), or shortly thereafter, but not prior to that time. In the event of a dispute, the time as recorded by the on-site IH representative at the meeting location shall prevail whether accurate or not. No individual and/or additional site meetings are anticipated. Proponents submitting a Proposal shall be deemed to be satisfied with the documentation provided and the site conditions.

4.2 QUERIES, DISCREPANCIES OR OMISSIONS All inquiries regarding this Request for Proposal shall be directed, by email only, to the Contact Person, no later than the end of the query period set out in clause 1.2.1 (Key Dates). Information obtained from any other source is not official and should not be relied upon. IH will endeavor to provide a response to questions, in the form of a written addendum. Inquiries are non-confidential, and may be disclosed by IH to all Proponents without attributing the inquiry to any particular Proponent. Nevertheless, IH may, in its sole and absolute discretion, decide not to respond to any inquiry. It is the sole responsibility of Proponents to refer to BC Bid on an ongoing basis prior to the Closing, to ensure they have received and reviewed any and all addenda pertaining to the RFP. IH assumes no responsibility whatsoever for notifying Proponents of these addenda. IH is not liable for any oral or other information provided to any Proponent. From the time the RFP has been issued until the time it has concluded, Proponents are instructed not to lobby or otherwise communicate directly or indirectly with any Committee member, employee, contractor or representative of IH (including any alternate staff members or physicians representing IH), regarding Performance Obligations described in this Request for Proposals or otherwise in respect of the Request for Proposals, other than communications with the Contact Person or as expressly directed or permitted in writing by the Contact Person, or in this RFP. Failure to comply with this condition may result in disqualification of the Proponent. Disqualification will be at the sole and absolute discretion of Interior Health. Proponents should submit in writing any discrepancies, omissions, ambiguities, or inconsistencies contained in the RFP to the Contact Person at the specified email address no later than the end of the query period set out in clause 1.2.1 (Key Dates). The Contact Person will review any such comments and may issue a response in the form of a written addendum. If the Contact Person issues an addendum to the RFP, such addendum will be posted on BC Bid and be incorporated into the RFP.

4.3 ON-LINE SYSTEM CHANGES

IH’s Capital Planning and Projects department is undergoing changes to streamline processes and reduce paper. This includes on-line processes and systems to submit invoices, specifications, submittals, communications or other project-related documents to IH by its Consultants and Contractors. Once new or revised processes or systems are implemented, it will be a requirement for all Consultants and Contractors to transition to these processes or systems that will be used for our projects.

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SECTION 5: MODIFICATIONS AND WITHDRAWALS

5.1.1 Irrevocable Offer. Any Proposal submitted with documentation signed by the Proponent as contemplated hereunder is an offer that becomes irrevocable as of the Closing and will remain open for acceptance by IH for a period of not less than:

(i) ninety (90) days from the Closing if the Proposal includes program/medical equipment, or

(ii) thirty (30) days from the Closing in relation to all other Proposals, unless otherwise requested by IH and extended by a Proponent. No Proposal, including without limitation its price quotation, may be withdrawn during the period of irrevocability, except with the written approval of IH.

5.1.2 Changes Generally. No Proposals may be modified after submission, except as

expressly permitted under this RFP. Negligence on the part of the Proponent in preparing its Proposal confers no right for the withdrawal of a Proposal after the Closing. Proposals can be withdrawn, with written request by the Proponent, before the Closing.

5.1.3 Proposal Modifications. By submission of a clear and detailed written notice, the

Proponent may unilaterally modify its Proposal prior to the Closing. Unless this RFP otherwise provides, Proponents should use a consistent submission method for submitting Proposals and any modifications or withdrawals prior to Closing. The Proponent may only modify its Proposal after the Closing (including pricing) with the prior written approval of IH (which may be withheld in IH’s sole and absolute discretion) or as requested by IH for clarification, additional information, or negotiation purposes, provided that such modifications do not include curing Material Non-Compliance. Situations where such post-Closing modifications to Proposals (including pricing) may be approved or requested by IH include without limitation: (i) all Proposals submitted exceed IH’s budget, and the highest-ranked Proponent(s) are willing to modify the scope of Performance Obligations and/or reduce pricing during negotiations; (ii) errors or duplication are identified in the scope of Performance Obligations which, if eliminated, warrants a pricing reduction; (iii) circumstances where, having already earned a place among the highest-ranked Proponents based on the Proposal(s) originally submitted, Proponents are willing to improve their Proposals through negotiations, or (iv) IH decides to conduct a Best and Final Offer (BAFO) process.

5.1.4 RFP Modifications. IH reserves the right to modify the terms of the RFP (including any component of the Contract) prior to the Closing at its sole and absolute discretion, and after the Closing for negotiation and/or BAFO purposes. Pre-Closing modifications will be posted on BC Bid. Any post-Closing modifications to the RFP would be communicated by IH through other written notices, delivered only to those Proponents invited to negotiations (and the same modifications may not necessarily be communicated to all Proponents invited to negotiations, or to any other Proponents), or to a BAFO process. Any such post-Closing modifications are irrelevant to a Proponent’s offer under 5.1.1 (Irrevocable Offer), unless the Proponent modifies its Proposal in writing to acknowledge or respond to the RFP modification, with such modified offer replacing the Proponent’s prior offer(s) only when the modified offer is signed and/or initialed by the Proponent and received by IH, at a time that both parties consider appropriate. In the context of negotiations, IH has no obligation whatsoever to take the same steps, or to enter into the same or any communications, or to share the same information, in respect

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of all Proponents and Proposals, or in respect of any Proponent.

SECTION 6: POST-CLOSING

6.1 EVALUATION PROCESS

6.1.1 Non-Compliance. Proposals will first be reviewed by IH, after Closing, for compliance with the Mandatory requirements of this RFP. Proposals not meeting all Mandatory criteria will be rejected without further consideration.

Despite the foregoing and any other term of this RFP, IH reserves the right, in its sole and absolute discretion, to waive any Minor Irregularities in any Proposal; request clarification and additional information on any Proposal (including without limitation the confirmation of unclear information, or completion of missing information, in prescribed fill-in-the-blank forms); and/or independently verify any information in any Proposal.

6.1.2 Subsequent Steps. Proposals meeting all of the Mandatory requirements will be further assessed against Desirable Criteria. IH may select one or more Proponents who have the highest overall rankings for a short-list, interviews, presentations, or other steps. Additional details regarding any additional steps in the evaluation process, if applicable, are set out in Attachment H.

6.1.3 Rejection. Interior Health reserves the right, in its sole and absolute discretion, to select

the Proposal which it deems most advantageous to itself based on best value for money, provided that the Proposal does not suffer from Material Non-Compliance. Interior Health may, in its sole and absolute discretion, reject in whole or in part, any or all Proposals, for any reason including a Minor Irregularity or Material Non-Compliance, or after taking into account real, perceived or potential conflict of interest, or other Non-Compliance factors. The lowest priced Proposal or any Proposal may not necessarily be accepted.

6.1.4 Conflict of Interest. Interior Health may decide not to evaluate a Proposal if the

Proponent’s current or past corporate or other interests may, in IH’s sole and absolute discretion, give rise to a real, perceived or potential conflict of interest in connection with the Performance Obligations described in this RFP. This includes, but is not limited to, involvement by a Proponent in the preparation of this RFP. If a Proponent is in doubt as to whether there might be such a conflict of interest, the Proponent should consult with the Contact Person prior to preparing a Proposal. Apart from the information disclosed by the Proponent in Attachment B, where a Proponent is aware of a real, perceived or potential conflict of interest between their organization and IH or an IH representative, the Proponent is instructed to disclose the circumstances to the Contact Person, by email, as soon as such conflict of interest becomes known, and in any event, prior to the completion of evaluations, so the circumstances can be reviewed and a decision by IH can be made. Proponents who fail to disclose such circumstances may be subject to no further consideration in this procurement process, in IH’s sole and absolute discretion. Further, if a Successful Proponent has failed to disclose such circumstances prior to the completion of evaluations, IH shall be entitled to terminate any subsequent Contract immediately on written notice, and any resulting costs suffered by IH shall be the responsibility of the Successful Proponent.

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6.2 SELECTION, NEGOTIATION & CONTRACT FORMATION

6.2.1 Key Events. Following evaluations, IH aims to follow one or more of the following courses of action, in its sole and absolute discretion:

(i) Delivering notice in writing to one or more Proponents indicating that IH has

selected their Proposal(s) as the highest ranked Proposal(s), and inviting the preferred Proponent(s) to negotiate, sequentially or concurrently, with a view to finalizing the terms of one or more Contracts; and/or

(ii) Delivering notice in writing to one or more Proponents, signed by Interior Health, and stating in clear terms that Interior Health accepts the Proponent’s Proposal, thereby creating one or more Contracts with selected Proponent(s).

IH generally wishes to avoid, expedite and/or truncate negotiations, where possible, and may end ongoing negotiations with any Proponent at any time, with or without notice, in IH’s sole and absolute discretion. IH may wish to proceed directly to step (ii), above, at any time, instead of, prior to, during, or subsequent to negotiations.

IH acknowledges that governmental entities, including Provincial Health Services Authority, may have entered into master agreements, or other forms of agreement, with one or more Proponents in relation to goods or services similar to the Goods or Services, with terms that differ from the Contract terms contemplated under this RFP. Unless otherwise stated in this RFP, this RFP is being conducted independently of other governmental entities, and the terms of any master agreements or other forms of agreement between those entities and a Proponent are not applicable in relation to this RFP. Key terms of the Contract, particularly in relation to indemnification, liability, insurance, and privacy, are generally non-negotiable. Whether or not IH initiates negotiations with a preferred Proponent, IH may proceed in any reasonable manner that IH may decide, in pursuit of best value for money and in consideration of its own interests, including:

a) Terminating negotiations and/or the procurement process entirely and proceeding with

some or all of the project in some other manner, and/or

b) Inviting one or more of the other Proponents to enter into sequential or concurrent negotiations to reach Contract(s) for completing the project, and/or

c) Conducting a best-and-final-offer (BAFO) process.

IH expects that any BAFO process would include: (i) communication in writing by IH to short-listed Proponents of all modifications to technical requirements and other parts of this RFP; (ii) time for short-listed Proponents to modify their submitted Proposals, including price, in response to the modified RFP; (iii) submission of modified Proposals by short-listed Proponents in accordance with a common deadline; (iv) evaluation of modified Proposals by IH under the modified RFP; and (v) decisions by IH consistent with any or all of its options set out under the modified RFP, including, under highly exceptional circumstances, the option to repeat a BAFO process.

6.2.2 Contract Formation. If Attachment A takes the form of “Articles of Agreement”, then the

signature by both parties of Attachment A, and receipt by one party of the fully-signed Attachment A from the other party, will create a binding Contract regarding the Performance Obligations. If Attachment A does not take the form of “Articles of

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Agreement”, then a binding Contract regarding the Performance Obligations is created on the earlier of: (i) the signature by both parties of a Contract, and delivery of the fully-signed Contract from one party to the other; or (ii) the delivery of a notice in writing by Interior Health to a Proponent, signed by Interior Health, and stating in clear terms that Interior Health accepts the Proponent’s Proposal. No Proponent will acquire any legal or equitable rights or privileges relative to the Performance Obligations unless and until all applicable events occur. For greater certainty, unless Attachment A is signed by the Proponent in some other manner, the attachment of the Proponent’s e-bidding key to an electronic Proposal submitted on BC Bid constitutes the signature of the Proponent on Attachment A for all purposes under this RFP, including for the purposes of clause 5.1.1, clause 6.2.1(ii) and this clause 6.2.2, and IH reserves the right to rely on such electronic signature as if it is affixed to Attachment A, without the submission of additional signatures or copies of Attachment A. This RFP shall not be construed as creating any obligation or agreement to purchase Goods, perform Services, or otherwise carry out Performance Obligations and does not constitute an offer in relation to any such agreement. Despite any other term of this RFP, Interior Health is not obliged to enter into a Contract with the Proponent who submits the lowest priced Proposal, or any Proponent. The execution of a Contract will not constitute a permit, license, or similar approval pursuant to any federal, provincial, regional district or municipal statute, regulation or by-law in relation to any activity or development contemplated in any Proposal.

6.2.3 Contract Notification. To notify unsuccessful Proponents at the conclusion of this

competitive process, notice of Contract awards will be posted as promptly as possible to the Interior Health website. http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/Awarded-Contracts.aspx

Given the accessibility of this information on this website, notification will not be sent under separate cover to unsuccessful Proponents. Those that would like to arrange a debriefing of this procurement are encouraged to send a request to the Contact Person within 30 days from the award date posted on the Interior Health website. Interior Health may, in its sole and absolute discretion, provide such a debriefing, at which time Interior Health may advise the Proponent, in a general manner, of the reason for the non-acceptance of the Proponent’s Proposal.

SECTION 7: DIVISION-SPECIFIC MATTERS If Goods to be delivered under the Contract include program/medical equipment, then the following provisions apply only in relation to such Goods:

7.1.1 Best Price. Proponents agree to maintain pricing to Interior Health that is equal to or better than any other Canadian customer for similar or lesser volumes, terms and conditions, during the term of the Contract, as detailed in the General Conditions.

7.1.2 Sufficient Supply. Such Goods offered by the Proponent should be available, in

sufficient supply to meet the RFP requirements, at the time of Contract commencement. Proponents are instructed to clearly identify any such Goods (including any software functionality or related service) which will not be available at such time.

7.1.3 Complete System. If this Request for Proposals is to design, create or provide a system

or manage a program, then by submission of a Proposal the Proponent represents and warrants that all components required to run the system or manage the program have

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been identified in the Proposal or will be provided by the Successful Proponent at no charge.

7.1.4 Best Suite. Interior Health expects Proponents to quote their best suite of Goods with all

features that meet the defined specifications. 7.1.5 Variances. If a Proponent is offering Goods characterized by specifications different from

those prescribed in this RFP, including Goods which are considered functionally equivalent, the Proponent is instructed to provide details in the prescribed specification form, included in Attachment M to this RFP. The Proponent should be able to articulate the functional equivalency of its Goods. The assessment of functional equivalency will be at the sole and absolute discretion of Interior Health. In addition, Proponents are instructed to identify and document any variances from the specifications prescribed in this RFP, in the prescribed specification form. Descriptive literature accompanying Proposals is not considered adequate information indicating variances from prescribed specifications.

7.1.6 Other Matters. Other division-specific matters may be set out in the Attachments.

SECTION 8: OTHER MATTERS

8.1 RFP LIABILITY AND TERMINATION

8.1.1 No Liability. Proponents are solely responsible for their own expenses in preparing and submitting a Proposal, participating in negotiations, and other steps taken by Proponents in connection with this RFP, if any. Subject to clause 8.1.1B (Material Non-Compliance), but despite any other RFP provisions or any applicable policy provisions or implied duties at common law, in no event shall IH be liable or responsible for any actions, or claims for damages or any other legal remedy, including without limitation direct, indirect, consequential, incidental, general, special or exemplary damages (even if notified of the potential for such damages), any economic losses, lost profits, lost opportunities, proposal expenses, or any other expenses, costs or losses of any Proponent or third party (collectively, “Claims”) arising out of this RFP, including without limitation the submission process, the evaluation process contemplated or conducted under this RFP or any decisions, acts, omissions or errors by IH in relation to this RFP. For greater certainty, such Claims include without limitation Claims for breach of contract; violation of implied duties at common law or other duties; allegations of bad faith, negligence, misrepresentation (negligent or otherwise), and/or any other tort (including without limitation Claims arising from a decision by IH to enter a Contract despite the Successful Proponent’s Non-Compliance, to reject a Proposal that is not Non-Compliant, or to act in a way that may breach any express or implied duties). For the purposes of this clause 8.1.1 (No Liability) and clauses 8.1.1A (Liability Cap), 8.1.1B (Material Non-Compliance), 8.1.2 (Cancellation) and 8.1.3 (Information), “IH” includes the Interior Health Authority, and it’s committees, officials, directors, officers, employees, members, servants, agents, and other representatives. For greater certainty, clauses 8.1.1 (No Liability), 8.1.1A (Liability Cap), 8.1.1B (Material Non-Compliance) and 8.1.2 (Cancellation) do not apply to Claims under any Contract, and liability and responsibility for such Claims shall be governed by the terms of the Contract, if any, without regard to such clauses.

8.1.1A Liability Cap. In any event, if a court of competent jurisdiction determines that: (i) clause 8.1.1 (No Liability) is inapplicable, unconscionable, or otherwise unenforceable or invalid, in whole or in part, or (ii) a Proponent or third party making a Claim is otherwise entitled to a remedy from IH in relation to this RFP despite clause 8.1.1 (No Liability), then the sole

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remedy and total maximum compensation for any and all Claims arising out of this RFP, individually and cumulatively, will not exceed the lesser of: (a) the Proponent’s reasonable and direct costs of preparing its Proposal, and (b) $5,000.00 (the “Liability Cap”).

8.1.1B Material Non-Compliance. Despite clause 8.1.1 (No Liability), if a court of competent

jurisdiction determines that IH has entered a Contract with a Successful Proponent who was Materially Non-Compliant, then the sole remedy and total maximum compensation available to a Proponent who was not Non-Compliant for any and all Claims arising out of this RFP, individually and cumulatively, will not exceed the Liability Cap.

8.1.2 Cancellation. IH may, in its sole and absolute discretion, at any time before or after the

Closing, cancel or otherwise terminate the RFP process, with or without notice to Proponents, without any liability or responsibility for Claims arising out of this RFP.

8.1.3 Information. While Interior Health has used considerable efforts to ensure an accurate

representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by Interior Health, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Proponents from doing their own due diligence, and forming their own opinions and conclusions with respect to matters addressed in this RFP. Any use which a Proponent or third party makes of this RFP or related information (regardless of the source of information), or any reliance on or decisions made based on it, is the responsibility of the Proponent or third party. IH accepts no responsibility for any Claims made or suffered by a Proponent or any third party as a result of decisions made or actions taken based on information provided or gathered in relation to this RFP.

8.2 COMPLAINT PROCESS

Proponent complaints regarding this procurement process will be handled in accordance with the Complaint Review Process described under Interior Health’s “Capital Planning and Projects Procurement and Fair Business Practices” document. Information on the Complaint Review Process may be found at: http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/CompetitiveBidding.aspx

8.3 CONFIDENTIALITY

The Proponent shall treat all confidential information that they become privy to as a result of this RFP and the subsequent Contract as confidential; such information may not be used for any purpose other than the submission of Proposals or completion of Performance Obligations, and shall not be disclosed to third parties, without prior written authorization from IH. IH is subject to the provisions of the Freedom of Information and Protection of Privacy Act (the Act). Proprietary and other information supplied in confidence is protected under the Act (section 21) from disclosure that may be significantly harmful to business interests, or cause other specified harm. All information contained in Proposals will be treated as confidential by IH and will not be disclosed to any third party except with the Proponent’s consent, or as required by law (including without limitation, the Act) or by order of the Office of the British Columbia Information and Privacy Commissioner.

8.4 GOVERNING LAW This RFP will be governed exclusively by and construed and enforced in accordance with the laws of British Columbia and Canada. The Proponent agrees to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia in the event of any dispute concerning this RFP or

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any matters arising out of this RFP, to the extent that such disputes or matters are unresolved by the Complaint Review Process described in clause 8.2 (Complaint Process).

8.5 INTERPRETATION

Wherever the singular or masculine is used in this RFP, the same will be deemed to include the plural or the feminine or the body corporate where the context so requires.

8.6 TRADE AGREEMENTS

This procurement is subject to Annex 502.4 (procurement provisions for MASH entities) of the Agreement on Internal Trade, and to the New West Partnership Trade Agreement.

8.7 ATTACHMENTS & HEADINGS

The Attachments to this RFP are part of the RFP for all purposes. The division of this RFP into sections, clauses and Attachments and the insertion of headings and subheadings are for convenience of reference only and shall not affect the construction or interpretation of the RFP.

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ATTACHMENT A

Proposal Cover Page (relating to Request for Proposal for Architectural & Engineering Services)

Project: Project Name RFP Number: RFP Number

We hereby offer to complete the Performance Obligations under the “AIBC Standard Form of Contract 6C between Client and Consultant, including Supplementary Conditions 6C-H” (available through www.aibc.ca, and referred to in this Proposal Cover Page as the “AIBC Form”), subject to (1) this Proposal Cover Page; (2) the Special Conditions of Attachment N to the Request for Proposal, (3) the remainder of the Request for Proposal, and (4) the remainder of our Proposal (collectively, the “Contract”). In the event and to the extent of any discrepancies, inconsistencies, vagueness, ambiguities or conflicts of or between the wording of documents (1) to (4), such difficulty shall be resolved in favour of the wording found in the document numbering in this paragraph in order of descending priority, unless specifically stated to the contrary in relation to the particular subject matter.

If we are a Successful Proponent, we shall ensure that all our Sub-Consultants enter into agreements with us for provision of their services for the Project. Our form of agreement with Sub-Consultants shall be at our discretion; however, the terms and conditions of the Contract between us and Interior Health shall be incorporated into and form part of those agreements, to the extent that the terms and conditions of the Contract are applicable to their services.

Without limiting the generality of this Proposal Cover Page, if a discrepancy exists between the Request for Proposal and the AIBC Form during the Proposal submission and evaluation stages, or Contract negotiation and formation stages, as applicable, the conditions of the Request for Proposal shall supersede those of the AIBC Form. Blank fields in the AIBC Form shall be completed as required after selection of the Successful Proponent and prior to execution, to reflect all additional requirements contained in the Request for Proposal, including Attachment N, our Proposal, and any negotiated conditions. Upon execution of the Contract between us and Interior Health, the signed Contract shall consolidate all contractual documents.

Notwithstanding any other term of the Contract, Interior Health, at its sole and absolute discretion, may conclude the Contract upon completion of each design phase. We will be entitled to receive payment for Performance Obligations performed by us and approved by Interior Health up to completion of that phase. At that point, Interior Health’s commitment would end without additional penalty or fee.

By submitting our Proposal, we acknowledge that our Proposal is an irrevocable offer that may be accepted by Interior Health, without negotiations, to create a Contract (as further described under the RFP), and we agree that if we are selected, we will not refuse to execute a Contract with Interior Health on the terms described herein.

Name of entity offering to enter Contract:

Name of signatory:

Title:

Email:

Telephone:

Signature:

Date signed:

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ATTACHMENT B

Financial Contribution Disclosure Fully and accurately disclose all financial and other contributions provided to or for the benefit of any employee, staff member or other representative of Interior Health during the five (5) years prior to Closing.

Type of

Contribution

Department/

Facility

Recipient

Estimated Market

Value $

Capital Equipment

Seminars

Vendor Supported Travel

Supplies

Educational Support

Research Support:

Drug trials Projects Publications Other

Major Donations

In Kind Services

Other Funding or Contributions

TOTAL

This information shall be updated by the Successful Proponent annually or at Interior Health’s request.

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ATTACHMENT C

References

Please provide three references that can illustrate past performance relevant to the Performance Obligations. You should be currently engaged to deliver to or perform for the reference, or have been recently engaged (e.g. within the last three months for program/medical equipment; within the last three years for construction). A Facility within IH is an acceptable reference. The Committee may conduct reference checks relevant to the Performance Obligations with any or all of the references cited in a Proposal and any other persons (including IH personnel, and other persons not cited by Proponents in any part of their Proposals) to verify any and all information regarding a Proponent, inclusive of its personnel and past performance, and to conduct any background investigations that IH considers advisable for the evaluation process, and rely on and consider any relevant information from such persons in the evaluation of Proposals. Include the following information: Nature of engagement: ________________________________________________________

Dates of engagement (start; end): ________________________________________________

Reference entity/facility: ________________________________________________________

Location: ___________________________________________________________________

Contact Person: ______________________________________________________________

Telephone #: ________________________________________________________________

E-mail Address: ______________________________________________________________

Nature of engagement: ________________________________________________________

Dates of engagement (start; end): ________________________________________________

Reference entity/facility: ________________________________________________________

Location: ___________________________________________________________________

Contact Person: ______________________________________________________________

Telephone #: ________________________________________________________________

E-mail Address: ______________________________________________________________

Nature of engagement: ________________________________________________________

Dates of engagement (start; end): ________________________________________________

Reference entity/facility: ________________________________________________________

Location: ___________________________________________________________________

Contact Person: ______________________________________________________________

Telephone #: ________________________________________________________________

E-mail Address: ______________________________________________________________

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ATTACHMENT D

Supplementary Proposal Forms

<ADD APPLICABLE FORMS>

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ATTACHMENT E

Pricing Instructions and Forms

PROJECT CONSTRUCTION BUDGET

The Construction Budget is $ (Order of Magnitude). In the event that Construction Costs increase for any reason, no further fees will be considered, except to the extent otherwise specified under this Contract.

FEE AND REIMBURSEMENT FORM

Consultants - These are 'click and type' fill in boxes ('click and delete' this message) All funds are to be in Canadian Dollars and exclusive of value added tax except where indicated. 1.0 FEE

1.1 For the purposes of this RFP the Consultant’s fee shall include, but not limited to, all the Consultant’s

services described under the Contract. The Sub-Consultants identified in section 3.0 of this Fee Form are hereby designated as “Specialty Consultants”. The Proponent may propose the services of Specialty Consultants in this Fee Form, to assist with the performance of the Consultant’s services required under the RFP. Acceptance of one or more Specialty Consultants may be confirmed by the Client in the award letter to the Consultant.

Applicable fees and estimated maximum reimbursable expenses for any required Sub-Consultant services (other than Specialty Consultants) are included in the 1.0 Fee and 2.0 Maximum Reimbursable Expenses.

Applicable fees and estimated maximum reimbursable expenses for Specialty Consultant services are not included in the 1.0 Fee and 2.0 Maximum Reimbursable Expenses. Specialty Consultant services are identified in section 3.0; related fees and estimated maximum reimbursable expenses are to be quoted in that section.

Travel time of the Consultant and all Sub-Consultants (including Specialty Consultants) shall be included in the applicable fees quoted.

FIXED FEE:

A fixed fee of $[0.00] for the Consultant’s services. This fixed fee includes all fees for Consultant’s services, whether performed by the Consultant or by its Sub-Consultants (except Specialty Consultants).

The fixed fee for the Consultant and such Sub-Consultants is broken down as follows:

Preliminary Review/Schematic Design (Max 12-18% of fee) $[0.00]

Design Development (Max 12-18% of fee) $[0.00]

Working Drawings/Construction Documents (Max 35-45% of fee) $[0.00]

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award (Max 2.5-6.5% of fee) $[0.00]

Construction Administration and Project Close Out (Max 25-35% of fee) $[0.00] (including fee for As-Built Documents of $ [0.00])

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SUBTOTAL Fixed Fee $[0.00]

Value Added Tax $[0.00]

TOTAL FIXED FEE $[0.00]

FEE FOR PREPARATION AND SUBMISSION OF APPLICATION TO OBTAIN LEED [SILVER OR GOLD] CERTIFICATION. $[0.00]

1.2 The fees for Consultant’s services shall be apportioned to the individual stages of the Work and the

respective phases within each stage. 1.3 Hourly Rate for Additional Services for all Consultants and Sub-Consultants (including Specialty

Consultants) included in the Proposal: [Include a summary of hourly rates for officers, directors, partners, principals and employees for all disciplines]

This set of Hourly Rates for Additional Services is comprised of Direct Personnel Expenses only. Additional Services provided on an hourly basis, when requested and approved, will be entitled to an administration fee of 5% to cover office overhead expenses and profit. Additional Services shall be carried out, and associated reimbursable expenses incurred, only with the

prior written consent of the Client.

1.4 All hourly rates specified in this Fee Form are subject to an adjustment after one year and annually thereafter; rate increase can be up to rate of inflation/CPI as determined by the Bank of Canada.

1.5 Hourly rates for personnel not listed in this Fee Form that are later incorporated and approved by the Client shall be consistent with the labor rate structure provided herein.

2.0 REIMBURSABLE EXPENSES

The estimated maximum reimbursable expenses quoted below cover all expenses eligible for reimbursement under the Reimbursable Expense Guidelines in Attachment S.1, which may be incurred by the Consultant and Sub-Consultants (excluding Specialty Consultants) under the Contract. For greater certainty, include all anticipated travel-related expenses for all Consultant and Sub-Consultant (excluding Specialty Consultant) attendees, to attend all User and Client meetings, as well as all site visits, for each phase/stage as necessary to carry out the services and complete the Work. These reimbursable expenses are not included as part of the fees noted in Item 1.0. For Specialty Consultants these costs are to be included as part of the expenses quoted in Item 3.2. Refer to Attachment S.1 for terms and conditions regarding eligible reimbursements. Any and all expenses not eligible for reimbursement under the Reimbursable Expense Guidelines, as well as all overhead and profit, of the Consultant and Sub-Consultants (excluding Specialty Consultants) are included as part of the fees quoted in Item 1.0, above. For Specialty Consultants these costs are to be included as part of the fees quoted in Item 3.1.

The estimated maximum reimbursable expenses for the Consultant and its Sub-Consultants (except Specialty Consultants) are broken down as follows:

Preliminary Review/Schematic Design $[0.00]

Design Development $[0.00]

Working Drawings/Construction Documents $[0.00]

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award $[0.00]

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Construction Administration and Project Close Out $[0.00]

SUBTOTAL Maximum Reimbursable Expenses, $[0.00]

Value Added Tax $[0.00]

TOTAL MAXIMUM REIMBURSABLE EXPENSES $[0.00]

The Client will not accept any cost overruns in relation to the estimated maximum reimbursable expenses quoted herein. Any expenses exceeding the estimated maximums will be absorbed by the Consultant (or its Sub-Consultants) with no reduction to the services. If actual reimbursable expenses incurred are less than the estimated maximums, then payment shall be based on actual expenses, as described in Attachment S.1.

3.0 SPECIALTY CONSULTANTS (if applicable):

3.1 The following Specialty Consultant(s) are proposed as Sub-Consultants to assist in the performance of

the Consultant’s services for the additional fixed fee of:

FEES SPECIALTY CONSULTANT 1 [Insert Discipline] Preliminary Review/Schematic Design (Max 10% of fee) $[0.00]

Design Development (Max 20% of fee) $[0.00]

Working Drawings/Construction Documents (Max 40% of fee) $[0.00]

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award (Max 10% of fee) $[0.00]

Construction Administration and Project Close Out (Max 20% of fee) $[0.00]

(including fee for As-Built Documents of $[0.00]

SUBTOTAL Fixed Fee for Specialty Consultant 1 $[0.00]

Value Added Tax (GST) $[0.00]

TOTAL Fixed Fee for Specialty Consultant 1 $[0.00]

FEES SPECIALTY CONSULTANT 2 [Insert Discipline] Preliminary Review/Schematic Design (Max 10% of fee) $[0.00]

Design Development (Max 20% of fee) $[0.00]

Working Drawings/Construction Documents (Max 40% of fee) $[0.00]

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award (Max 10% of fee) $[0.00]

Construction Administration and Project Close Out (Max 20% of fee) $[0.00]

(including fee for As-Built Documents of $[0.00]

SUBTOTAL Fixed Fee for Specialty Consultant 2 $[0.00]

Value Added Tax (GST) $[0.00]

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TOTAL Fixed Fee for Specialty Consultant 2 $[0.00]

3.2 In relation to the above-described Specialty Consultant(s), the following additional estimated maximum reimbursable expenses are quoted:

EXPENSES SPECIALTY CONSULTANT 1 [Insert Discipline]

Preliminary Review/Schematic Design $[0.00]

Design Development $[0.00]

Working Drawings/Construction Documents $0.00

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award $[0.00]

Construction Administration and Project Close Out $[0.00]

SUBTOTAL Maximum Reimbursable Expenses for Specialty Consultant 1 $[0.00]

Value Added Tax (GST) $[0.00]

TOTAL Maximum Reimbursable Expenses for Specialty Consultant 1 $[0.00]

EXPENSES SPECIALTY CONSULTANT 2 [Insert Discipline]

Preliminary Review/Schematic Design $[0.00]

Design Development $[0.00]

Working Drawings/Construction Documents $[0.00]

(50% Working Drawings $[0.00])

(95% Working Drawings $[0.00])

Bidding, Negotiation and Contract Award $[0.00]

Construction Administration and Project Close Out $[0.00]

SUBTOTAL Maximum Reimbursable Expenses for Specialty Consultant 2 $[0.00]

Value Added Tax (GST) $[0.00]

TOTAL Maximum Reimbursable Expenses for Specialty Consultant 2 $[0.00]

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ATTACHMENT F

Supplementary Mandatory Criteria

M-F.1. Pre-qualification under RFQ. In month and year, IH completed a Request for Qualifications (RFQ) process in connection with this RFP. To be eligible to submit a Proposal in response to this RFP, it is MANDATORY that the Proponent has been pre-qualified by IH under the RFQ. If more than one entity is contributing to a Proposal, it is MANDATORY that one entity pre-qualified under the RFQ process propose to serve as Consultant for all purposes, with other entities contributing to the Proposal as Sub-Consultants (and if a Proposal is unclear on this point, then the first pre-qualified Proponent named in the Proposal will be deemed to be Consultant for all purposes). To promote competition, two or more pre-qualified entities MUST NOT form a team and submit one Proposal, unless pre-qualified as a team by IH under the RFQ process, or unless otherwise permitted in writing by IH prior to Closing.

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ATTACHMENT G

Desirable Criteria

1.0 CONTENT

It is strongly recommended that the Proposal be structured in the following sequence and submitted in the format outlined. To earn points, submit the following information in the Proposal:

SECTION 1: EXECUTIVE SUMMARY

1.1 Overview

Provide a brief overview of the Proposal.

1.2 Contact Information Provide the names for the Proponent’s personnel to be assigned to the Project, including personnel employed by proposed Sub-Consultants (“Key Personnel”) Provide your business/company address, email address and telephone number. Provide similar information concerning proposed Sub-Consultants.

SECTION 2: EXPERIENCE

2.1 Corporate Structure and History of the Firm

Provide a history of the Proponent including length of time in business, number of employees and a summary of the corporate structure of the Proponent. List the names of proprietors, partners, officers, and principals of the Proponent. Provide similar details concerning proposed Sub-Consultants.

2.2 Experience of Proponent Provide a summary of experience of the Proponent, within the past 10 years. This summary should include up to five projects within a fully operational healthcare facility and preferably of similar size and nature to the scope of this Project. Proponents should also demonstrate working knowledge of BC Building Code, preferably on healthcare facility projects. Information provided should include, but not limited to:

Project name

Client contact name and phone number

Project Budget

Scope of Work and project description

Level of Involvement

Date of project (start and end dates)

Firm of Record

Partner-in-Charge

Design Architect

Job Captain

Contract Administrator

Acknowledgment of LEED

2.3 Experience of the Sub-Consultant Firms Provide a summary of experience for each of the Sub-Consultant’s, within the past 10 years. This summary should include up to five projects within a fully operational healthcare facility and preferably of similar size and nature to the scope of this Project. Sub-

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Consultants should also demonstrate working knowledge of BC Building Code, preferably on healthcare facility projects. Information provided should include, but not limited to:

Project name

Client contact name and phone number

Project Budget related to the applicable discipline only

Scope of Work and project description related to the applicable discipline only

Level of Involvement

Date of project (start and end dates)

Firm of Record

Job Captain

Acknowledgment of LEED

2.4 References In the form of Attachment C, provide the names, telephone numbers and related information of at least three clients associated with projects of a similar nature to the Project. Any and/or all references available to IH may be considered when evaluating Proposals. IH reserves the right to contact alternate sources for references.

2.5 LEED Experience Provide a brief summary of the Proponent’s and Sub-Consultant’s experience related to LEED and sustainable building construction; include a list of certified projects within the past 10 years.

SECTION 3: PERSONNEL

3.1 Organization Chart Provide a project team chart in a format that clearly indicates the reporting structure to IH that includes IH Project Manager, Stakeholders, Quantity Surveyor, etc., and Managing Consultant, all Sub-Consultants, and their Key Personnel including contract administrator. Include the names of Key Personnel who will be assigned to the Project, Their disciplines or job titles; professional designations; levels of professional certifications; and their roles and responsibilities.

The Key Personnel as identified in the Proposal shall be assigned to the Project for its duration. Removal and/or substitution of Key Personnel shall require the prior written approval of IH. If a teaming arrangement (such as a Joint Venture, partnership or other contract arrangement) is proposed involving Sub-Consultant(s), provide a brief outline of the responsibilities of each entity, a summary of the contractual arrangements between the entities, and a description of the ability of each entity to work effectively as part of a team to complete the necessary design/contract administration services. If a teaming arrangement is proposed involving Sub-Consultants(s), include a Project Administrator among your Key Personnel, and highlight relevant project administration experience on the person’s resume.

3.2 Experience of Key Personnel The Proponent should provide a resume, including credentials, for each of the Key Personnel assigned to the Project Team and a summary of their experience listing up to five projects within the past 10 years that evidence knowledge working with BC Building Code, working within a fully operational healthcare facility and in particular of a similar size and nature. Information provided should include, but not limited to:

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Project name

Client contact name and phone number

Project budget and brief scope of work

Level of involvement

Roles and responsibilities in the project

Duration

Firm of Record

3.3 Workload Capacity Provide a brief summary of current project workload of the Proponent, and it’s proposed Sub-Consultants.

3.4 LEED Experience

Provide a brief summary of the Key Personnel’s experience related to LEED and sustainable building construction; include a list of certified projects within the past 10 years.

SECTION 4: SOLUTION

4.1 Understanding of the Project Describe the Proponents’ understanding of the Project scope, project processes and IH. Provide a comprehensive understanding of the Project based on past experience with similar projects. Identify any potential obstacles or suggestions for efficiency measures, highlight relevant best practices and describe any areas of concern or risk.

4.2 Proponent’s Methodology and General Approach Describe the Proponent’s proposed methodology and general approach to be implemented specifically for this Project.

SECTION 5: QUALITY

5.1 Leadership

Information to be included that demonstrates the Proponent’s ability to lead and direct in a manner that produces positive outcomes in a timely and efficient manner. Statements should be included about the Proponent’s abilities to be flexible and creative in performing the services; and related to the communication, interpersonal and conflict resolution skills of its members.

5.2 Project and Value Management; High-Level Schedule

The Proposal should include a description of the Proponent’s understanding of project management and value management concepts including a description of techniques and approaches to managing schedules and costs. The Proposal should also include a high-level Project schedule, indicating the anticipated design and construction phases for the Project in light of the indicative date of Substantial Performance set out in Attachment I. IH acknowledges that the high-level Project schedule submitted by the Proponent is non-binding. Depending on the timing and form of the final design of the Project and other

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factors, the Project schedule ultimately agreed upon by the parties may vary significantly from the high-level Project schedule submitted by the Proponent.

SECTION 6: FINANCIAL

In the form of Attachment E, quote the fees and estimated maximum reimbursable expenses; both will be evaluated.

SECTION 7: INSURANCE AND BONDS

Proponents are instructed to include in their Proposals proof of insurance coverage (including policy limits). Without limiting the generality of IH’s rights and privileges under the main body of the RFP, IH reserves the right, in its sole and absolute discretion, to waive any requirement for proof of insurance in any Proposal, or to request submission or resubmission of such documents post-Closing in relation to any Proposal; and/or independently verify any insurance coverage.

2.0 OPTIONS AND ALTERNATIVES

Proposals may contain options and/or alternatives as well as creative options and/or alternative strategies suggested by the Proponent. Clearly identify any such options and/or alternatives and append them to the main Proposal, with any associated costs separately identified and excluded from fees and estimated maximum reimbursable expenses shown on Attachment E. IH reserves the right to accept or reject any or all such options and/or alternative strategies. The Proposal will not be jeopardized by the inclusion of such options and/or alternatives, provided the offering at least meets the requirements prescribed in this RFP. If an alternative solution is offered and Non-Compliance may be a factor in relation to the evaluation of the alternative solution, then the Proponent should submit the information in relation to the alternative solution in the same written format as described under this RFP, but as an entirely separate Proposal. Other Pertinent Information

Provide other pertinent information as deemed necessary.

REMINDER: Without limiting the other instructions and requirements under the RFP, Proponents are reminded to include the following in their Proposals:

o Responses to each of the Desirable Criteria, as outlined above. o Proof of Insurance o Attachment A Proposal Cover Page - completed and signed o Attachment B Financial Contribution Disclosure - completed o Attachment C References - completed o Attachment E Fee and Reimbursement Form – completed o Any other fill-in-the-blank forms set out in the RFP, including any Attachment D Supplementary

Proposal Forms – completed

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ATTACHMENT H

Evaluation Process

1.0 Evaluation Process The preferred Proponent(s) will be selected through a two-stage process that includes: Stage 1: Request for Proposal; Proposals in response to the Request for Proposal will be submitted to IH by Proponents for review and

evaluation. Stage 2: Interview, if required

The Committee will review the Proposals submitted, determine the overall scores and ratings of the Proponents and will develop a short list of Proponents based on the evaluation ratings of the Proposals. The Committee may interview the short listed Proponents. The Committee will then make a recommendation regarding the selection of the preferred Proponent(s) to IH Corporate Executive, for negotiation and/or Contract formation purposes.

2.0 Interviews

If IH selects one or more Proponents for interviews, the interviews would take place on or about the date estimated in clause 1.2.1 (Key Dates) of the main body of the RFP, at the following address, or through the following teleconference number: Phone Number Setting up any interview by the Committee will be the responsibility of the short listed or preferred Proponent(s) working co-operatively with IH to make best use of the time and resources available. Expenses for a Proponent to attend an interview will be fully borne by the Proponent.

3.0 Evaluation Criteria

The selection of the preferred Proponent(s) will be based upon the evaluation criteria determined and weighted prior to the issuance of the Request for Proposal. The criteria shall be applied to the Proposal. A score will be calculated for each evaluation criterion and those Proponents with the higher cumulative scores may be short listed at each respective stage of the selection process. If interviews are conducted, they would be primarily for clarification purposes; thus, in relation to short-listed Proposals, the scores assigned to each evaluation criterion may be adjusted based on the clarification of information during interviews. The preferred Proponent(s), if any, will be selected on the basis of the highest adjusted cumulative score(s) for all stages of the selection process. The Proposal will be weighted based on the following:

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Evaluation Criteria Maximum Points

Experience

Corporate Structure and History

Experience of Proponent

Experience of Sub-Consultants

References

Points awarded based on highest relevancy to this Project

TBA

Personnel

Organization Chart

Experience of Key Personnel

References

Points awarded based on highest relevancy to this Project

TBA

Solution

Understanding the Project

Methodology and General Approach

Workload Capacity of the Proponent

Submission Response and Creativity Quality

Leadership

Project and Value Management

High Level Project schedule

TBA

Financial

Fees and Reimbursement Rates

TBA

Total

100

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ATTACHMENT I

Scheduling

Indicative Date of Substantial Performance of the Work

It is anticipated that Substantial Performance of the Work may be attained by:

DATE:

This is an indicative date only. Depending on the timing and form of the final design of the Project and other factors, the date of Substantial Performance of the Work ultimately agreed upon by the parties (in an initial Project schedule agreed upon by the parties) may vary from the indicative date set out above.

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ATTACHMENT J

Payment Terms Payments. A portion of the Consultant’s fee is payable monthly, based in part on the then-current Phase and the

actual progress of the Project, subject to confirmation by the Client of actual progress, and subject to the terms and conditions of the Contract. The Client will make payments to the Consultant in relation to reimbursements based, in part, upon the actual spending by Consultant on reimbursable expenses, and subject to the terms and conditions of the Contract. The Client shall pay the Consultant within 30 days of receipt of a proper invoice. Invoices are only to be sent via email to [email protected] (no hardcopies). If the Consultant is not a resident in Canada, the Consultant acknowledges that the Client may be required by law to withhold income tax from the amounts claimed by or payable to the Consultant under the Contract, and then to remit that tax to the Receiver General of Canada on the Consultant’s behalf.

Payment to Sub-Consultants, including Specialty Consultants (If Applicable): The Consultant shall make payments to its Sub-Consultants for services and Additional Services based upon a schedule of payments to be agreed upon between the Consultant and its Sub-Consultants. Notwithstanding the foregoing, such payments shall be made no later than ten (10) days after the Consultant receives payment for such services and Additional Services from the Client. The Client will reserve the right to request evidence of proof of payment by the Consultant to its Sub-Consultants prior to making any subsequent payment for services and Additional Services to the Consultant. If for any reason the Consultant withholds payments for services and Additional Services to the Sub-Consultants, the Consultant shall promptly notify the Client in writing, of the reasons for withholding such payments.

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ATTACHMENT K

Interior Health Responsibilities The Client will contribute personnel to the Project Team that will be administered by the Director, Capital Planning and Projects. The Director will assign Project Planners, Project Managers and/or Coordinators to the Project. Capital Planning and Projects will represent the Client in matters related to the Project, and will serve as a liaison between the Consultant, Contractor, and the Client’s internal user groups. The Consultant shall report to the Capital Planning and Projects Team during the performance of the Work.

“Project Team” means the designated representatives of the following parties involved in the Project: the Client, the Consultant, the Contractor and any other consultants or others engaged in the Project and designated by the Client.

This Attachment gives a basic introduction to Client Responsibilities. Additional responsibilities are set out in other parts of the Contract.

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ATTACHMENT L.1

Statement of Work

GENERAL SCOPE OF PROJECT

Project Overview

The scope of the Project involves

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ATTACHMENT L.2

Scope of Services (Design)

Project Methodology

The Client believes that the design of a successful solution to meet the needs and philosophy of the health services program and related support functions is an iterative process involving key users, stakeholders and support personnel of the proposed new, expanded or renovated Facility. In this regard, it is essential that all consultants demonstrate a commitment to involve and communicate with all key users and stakeholders, as well as an ability to use the appropriate presentation tools that will facilitate the comprehension of those unfamiliar with the design process. The Client is committed to implementing an “Integrated Design Process” to the entire design phase of this Project. An Integrated Design Process approach recognizes that crucial decisions made at the initial stage of the design services for a project can have substantial impact on the final construction methodology, Construction Cost, operational efficiency, operational cost and sustainability of the Facility. For an Integrated Design Process to work, it is essential that all members of the design team work in conjunction with each other from the start, generating ideas and solutions that can be discussed in a ‘workshop’ atmosphere.

Project Approval At the completion of the Schematic Design, a Business Plan will be completed and submitted to the Ministry of Health (MOH). MOH approval is required prior to proceeding with the remainder of the Project. Consultants should anticipate that this will take approximately four months and schedule accordingly. Upon approval, the Project Team will complete the design, contract documents, tender, and construction of the Project.

Additional information regarding the general scope of the Project is specified in Attachment L.1, and may be identified in the documents that form part of Attachment S (Additional Background Information), or in other parts of the Contract.

Managing Consultant The Project delivery process includes the appointment of the Consultant as the Managing Consultant, in its role as Architect.

The entity designated as the Managing Consultant will be responsible for management and coordination of all involvement by all its Sub-Consultants, and other consultants and sub-consultants as contemplated under GC1.5 of the AIBC Standard Form of Contract 6C. Unless otherwise set out in this Contract or instructed by the Client in writing, other consultants will be contracted through the Managing Consultant as Sub-Consultants.

The Managing Consultant will be required to liaise with and coordinate the services of quantity surveyors,

insurance experts, soils testing, acoustic consultants, hazardous materials consultants, elevator consultants, seismic consultants, environmental consultants, ergonomic assessments and medical gas re-certification and other consultants, to the extent that these services are retained by the Client. To the extent retained by the Client, such services by other consultants will be paid for separately by the Client.

Consultant and Sub-Consultants

The Consultant’s services (including the services of its Sub-Consultants) shall include the following services as checked:

Architectural Electrical Engineering Mechanical Engineering Structural Engineering

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Civil Engineering LEED LEAN Code Interior Design Signage Landscape

Each such professional shall be certified or registered and remain in good standing with their respective applicable governing association(s), in the Province of British Columbia, throughout the term of the Contract, to the extent required by law or the applicable governing association. Within 10 Business Days of a written request from the Client, the Consultant shall deliver documentation or other evidence to the Client proving such certification/registration and good standing. The selection of the Sub-Consultants shall be made by the Consultant as proposed in its Proposal, or as otherwise approved by the Client in writing. The Consultant shall be as fully responsible to the Client for acts and omissions of Sub-Consultants directly or indirectly employed by them as for acts and omissions of persons directly employed by the Consultant.

Construction The construction of the Project will be carried out by a Contractor on a "Stipulated Price Contract" basis under CCDC 2 (2008), and the Project may be tendered in multiple stages to accommodate the Project schedule agreed upon by the parties, market conditions, and other factors. The Contractor will be engaged directly by the Client, under CCDC 2. The Consultant acknowledges that CCDC 2 describes obligations to be carried out by the Consultant (“Standard Duties”). Without limiting the other obligations set out under the Contract, the Consultant agrees to perform the Standard Duties, which are hereby incorporated into this Scope of Services by reference. Notwithstanding any other provisions of the Contract: (i) if there is any ambiguity, conflict or inconsistency between any of the service provisions of this Scope of Services, and any of the Standard Duties, one provision shall be interpreted as general and the other shall be interpreted as adding specific details to that general obligation, to the extent that such an interpretation is reasonable; and (ii) otherwise, if there is any ambiguity, conflict or inconsistency among any of the service provisions of this Contract (including the Standard Duties), the provision which produces the higher quality service levels, standards, performance, safety, reliability and durability will govern, unless specifically stated to the contrary in relation to the particular subject matter.

Cost Consulting

A Cost Consultant may be retained under separate contract by the Client to provide normal cost consulting services for the design stages of the Project and services on an as-required basis during the construction stages. The Consultant and Sub-Consultants shall participate in the development of cost estimates prepared by the Cost Consultant, and notwithstanding the role of the Cost Consultant, the Consultant and Sub-Consultants shall be responsible for understanding the cost implications of the Project scope at all stages of design, and shall prepare design solutions that are within the approved funding for each stage of the Project.

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Other Consultants The Client reserves the right to engage other consultants to facilitate the design of the Project. The Consultant and Sub-Consultants shall work in conjunction and cooperate with the other consultants engaged by the Client related to the Project on a reasonable basis. Notwithstanding the foregoing and without limiting the Managing Consultant’s other duties under the Contract, the Managing Consultant shall synthesize and incorporate the findings of Sub-Consultants and all consultants retained by the Client for the Project within the design documents prepared by the Managing Consultant.

CONSULTING SERVICES

General Architectural and Engineering Services

Relationship of the Parties

The fundamental relationship of openness, trust and confidence between the Consultant and the Client is an inherent part of this Contract. The Consultant shall employ its best efforts to perform the Consultant’s services diligently and in an expeditious, economical, and financially prudent manner, consistent with the best interests of the Client.

General Scope of the Services

The Consultant shall provide its services during the design, construction and post-construction stages of the Project as outlined in this Contract. The design shall be in general accordance with the description and requirements related to the Project scope as set out in this Contract. However, the Client reserves the right to revise the Project scope and phasing/staging of the Project as the Work progresses. The design may also be completed on a phased basis and shall comply with the Project schedule agreed upon by the parties. The Consultant shall obtain the Client’s approval at the end of each phase or stage of the Project prior to proceeding to subsequent phases or stages. The Consultant recognizes the sensitive nature of the required services in reference to the Work being expedited within an operating healthcare facility. Exceptional care, coordination and cooperation will be required for successful completion of the Project. The scope of Work for this Project will include the requirement for Infection Control Measures during the construction process. Consultants shall complete the design using the Client’s Infection Control Measure requirements as found on the following web site:

http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/Policies.aspx

Sections IX0900 and IX1000 of the Infection Control Measures are relevant to construction and shall be included by the Consultant in the specifications for the Work. The design services shall include a full report indicating scope, layout, and quality of elements and systems at the end of the following design phases: Block Schematics Sketch Design Preliminary Review of Functional Program Schematic Design 50% Working Drawings/Contract Documents 95% Working Drawings/Contract Documents Pre Tender

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These design phases shall be applied to each phase and stage of the Project as appropriate. In addition, the design services shall include drawings and specifications for all portions of the Work including phases and sub-phases, and stages and sub-stages, and all decanting phases and stages. The procurement of furnishings and equipment shall not form part of the Consultant’s services. The Consultant’s responsibilities shall include the architectural and structural provisions and mechanical and electrical service connections for all In-Contract (IC) and Not-In-Contract (NIC) furnishings and equipment. The Client will be responsible for furnishings and equipment specifications, and shall provide technical information to the Consultant during the design process.

Budget Design Criteria The Consultant will review and establish the optimal approach to be taken for design and will exhibit cost consciousness through design and process efficiencies in the methodology proposed. Services will be performed by the Consultant on a staged basis. The Consultant will obtain the Client’s written approval at each stage of the Work prior to proceeding to the subsequent stages. The Consultant shall review and confirm acceptance of the Construction Budget prepared by the Owner's Cost Consultant at the end of each design phase. The Client shall approve the latest Construction Budget at the end of each phase of the Project prior to the commencement of services under the subsequent phase. The Consultant shall be responsible for designing to the latest Client approved Construction Budget.

Scheduling of the Design Services

The Consultant shall develop and include with its Instruments of Service, a detailed schedule for the Project from the design services through to Project completion, which shall form part of the overall master Project schedule agreed upon by the parties. The schedule shall identify and include all separate phases and stages of the design process. The Consultant shall provide monthly schedule updates from inception to completion of the design

services. The Client reserves the right to revise Project stages as the Work progresses.

Furnishings and Equipment

The Consultant and Sub-Consultants shall meet with the Client’s Furnishings and Equipment Planning Group at regular intervals during the Project. The Furnishings and Equipment Planning Group shall provide furnishings and equipment lists and associated equipment brochures to the Consultant, and shall update the lists and brochures on a periodic basis.

The Consultant shall review the furnishings and equipment lists and brochures during the stages of the Project to insure compatibility with the design and connections.

Decanting and Phasing Strategy

The Project will require the planning of demolition and reconstruction phases related to the existing Facilities. The Consultant’s services shall include planning and design required for the decanting of on-site program placements. Major programming required for such decanting shall be excluded from the Consultant’s services. Any required planning and design services required for off-site decanting shall be excluded from the Consultant’s services.

Green Building Council LEED Green Building Rating System

The Client is committed to the principles of Green BC Buildings’ initiative by improving environmental management at our Facilities and to aligning with others in our communities to safeguard the environment. We are constantly striving for new and better ways to meet environmental goals through conservation, reduction, reuse and recycling programs.

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In the event that the Client chooses to obtain LEED Certification, the preparation and submission of the application for LEED Certification will be an Additional Service, to be completed for a fee consistent with the fees and/or rates set out in the Fee Form.

Design and Contract Document Coordination

A formal design coordination process shall be developed by the Managing Consultant and reviewed by the Client to ensure that interdisciplinary coordination between all consultants and sub-consultants on the Project is implemented for all design and contract document phases. The coordination process shall take place near the conclusion of each design phase for each stage or phase of the Project. The Managing Consultant shall formally notify the Client Project Manager when each interdisciplinary coordination phase is initiated.

Programming Study Services The Consultant’s services shall include programming study services.

Interior Design The Consultant’s services shall include interior design services. Key Interior Designers shall be licensed to practice in British Columbia. The interior design services shall include the selection and design of building materials, finishes and associated colors in accordance with the Facility standards and guidelines, if applicable. Furniture and equipment layouts will be required and shall form part of the Consultant’s services. These layouts shall be based upon the catalogue cut sheets for the equipment as provided by the Client and/or on site measurements by the Consultant.

Interior Signage Preparation of contract documents for interior signage is included within the scope of the Consultant’s services.

Exterior Signage

Preparation of contract documents for exterior signage is not included within the scope of the Consultant’s services.

Local Presence The Consultant and Sub-Consultant team members shall provide a strong local presence throughout all stages of the Project. Personnel who are named under the Proposal to provide services in connection with the Project shall be available to attend meetings and presentations and respond to requests for information within a forty-eight (48) hour period of notice.

Document Format Documents (including Instruments of Service) shall be in English and shall be produced in Microsoft Word and Adobe Portable Document Format (PDF) file format capable of being read by Adobe Acrobat Reader.

Drawings shall be produced in the latest version of AutoCAD, in .dwg format, as well as, drawings for distribution shall also be produced in PDF format. The format shall be based on the Client’s AutoCAD Standards and Layering Guidelines as found on the following web site: http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/Policies.aspx

Record Drawing Documents An Allowance for the costs for preparation of As-Built drawings for all disciplines covered under the Work is included within the fee for the Consultant’s services.

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The As-Built Drawing submittal to the Client shall consist of electronic drawings in latest version AutoCAD .dwg file format submitted on CD ROM disk (two copies), and three (3) sets of black line print copies.

Specific Scope of Consulting Services

Consultant’s services shall include but are not limited to the following, as appropriate to the Project:

ALL STAGES The primary contact for the Client is the Planner/Project Manager (PM) and or designate identified in the letter of award.

User group meetings and site visits, as required, are included as part of the Consultant’s services at each phase/stage. Travel time to attend meetings shall be factored into the fixed fee. When acceptable to the PM, alternate methods to conduct user group meetings, such as teleconferencing or videoconferencing may be considered. Record and distribute minutes of meetings with user group. Minutes shall be provided to the PM for their review and approval within three working days. Review the requirement for dust and infection control with the PM to identify which class of infection control measures will need to be implemented, especially those falling under the category of Class 3 and 4 prior to sign off stage. All specifications shall be prepared in MS Word format. All drawings to be prepared using specified AutoCAD in accordance with the current IH CAD standard. The standard includes a sample Category Listing of Drawings to be included with the electronic drawing submission. Please refer to the IH Capital Projects website: http://www.interiorhealth.ca/AboutUs/BusinessCentre/Construction/Pages/Policies.aspx Provide for re-design where needed to bring Project in line with the Construction Budget, at no extra fee to Client.

**Note all documentation submitted will be reviewed by the appointed Quantity Surveyor to ensure required progress has been submitted.

PRELIMINARY REVIEW STAGE

Review Preliminary Reports (e.g. conceptual reports, drawings, photos, etc.) provided to acquire a working knowledge of the needs and goals for the Project. Analysis of block schematic alternatives to determine optimal functional relationships if applicable. Undertake review of all applicable statutes and regulations to ensure compliance and preliminary approval.

Undertake a site inspection to investigate floor plan options and site access, and to confirm existing building configurations and measurements, if required. Review the condition and structural capacity of the affected existing structure, if required. Assess the condition and capability of existing mechanical and electrical systems, if required.

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SCHEMATIC DESIGN PHASE Prepare Schematic Design drawings and reports, including architectural, structural, mechanical, electrical systems as applicable, including infection control measures and other items as applicable. Documentation required at end of Schematic Design Phase is to include but not limited to:

Architectural: preliminary site and floor plans, elevation and building section with

preliminary finished floor elevations. Outline specification for exterior wall, roof assemblies

and interior construction and finishes. Definition of inter-departmental traffic flows,

entrances and control points as well as the inter-relationships between functional areas.

Develop a Project implementation plan. Identify phasing so as to complete the Project in

the specified time frame.

Code Compliance Requirements, when applicable.

Structural: Structural system description or sketch plans identifying structural system.

Preliminary structural grid layout, slab and beam sizing, foundation loads and indication of

any special foundation or subsurface conditions.

Mechanical and Electrical: Outline system descriptions, site servicing requirements, site

development and preliminary mechanical and electrical requirements. Provide site

development, topographical layout and preliminary site plan.

Geotechnical Report (if applicable): Indicate any special site or subsurface conditions.

Civil Report (when applicable): The civil report should address all issues in respect of the

Project site and should include: A topographical plan indicating the existing and proposed

site levels; Indication of the extent of retaining structures that may be result from bulk

earthwork; All off-site development required for the Project or as required by the Authority

having jurisdiction; All site servicing requirements for the development.

Submit one set of full size hardcopy prints and pdf drawings to the PM for review purposes. Provide information to the Client appointed Quantity Surveyor to enable preparation of a Class C cost report, as determined by the PM. Complete preparation of preliminary documentation for eventual Development Permit process if required.

DESIGN DEVELOPMENT PHASE

Prepare and coordinate Design Development drawings, complete with overlays and dimensions, to scale, showing architectural, civil, structural, mechanical and electrical systems, including infection control measures and other items as applicable, in sufficient detail to enable the verification of the cost report that is to be maintained during all the subsequent phases. Develop overlays of fixed furniture and equipment and loose furniture and equipment planned for the space; coordinate with PM and when applicable an IH Ergonomics Representative. Include for proposed product, equipment, architectural, mechanical and electrical cut sheets. Documentation required at end of Design Development Phase is to include but not limited to the following:

Architectural: Floor and roof plans, all elevation including primary material selections,

building preliminary finish schedule, wall and roof assemblies, preliminary millwork layout,

including elevations, and site development plan

Code Compliance Requirements

Structural: Foundation plans, approximate footing and grade beam size, floor and roof

plans and primary slab and beam sizing/structural steel weights

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Mechanical and Electrical: Detailed system description, preliminary duct/feeder layouts,

preliminary equipment/fixture selection and sizing and site servicing layout.

Civil Report: The civil report should address all issues in respect of the Project site and

should include: A topographical plan indicating the existing and proposed site levels;

Indication of the extent of retaining structures that may be result from bulk earthwork; All

off-site development required for the Project or as required by the Authority having

jurisdiction; All site servicing requirements for the development.

Provide computerized [exterior] and [interior] colour perspectives to adequately illustrate

and define the physical characteristics and features. For exterior, one colour perspective

from each view (N,S,E,W), describing the building, slightly more detailed than massing

elevation, is required. The details are to include shadows and general colour

representation of materials.

Submit one set of hardcopy prints, pdf specifications and pdf drawings to the PM for review purposes. Provide information to the Client appointed Quantity Surveyor to enable preparation of a Class B cost report, as determined by PM. Complete documentation for the Development Permit process under the direction of PM, when required for the Project. Consultant shall apply for the Development Permit if required. Continue building code, fire safety and zoning bylaw analysis and review applicable statutes and regulations to ensure compliance.

WORKING DRAWINGS/CONSTRUCTION DOCUMENTS PHASE

Based on the Client’s approval, provide preparation of specifications and general conditions, Working Drawings/Construction Documents to scale (evolved from approved design drawings) for all appropriate disciplines, for review and approval. Ensure that all required design discipline drawings and specifications are finalized. Provide for a fully coordinated set of contract documents between design disciplines and with existing as-built site conditions that identifies conflict and coordination for site services, utilities and building structural, architectural, mechanical and electrical systems, hard and soft landscaping, signage and interior finishes. Documentation is to include, but not limited to, the following:

Architectural: Detailed foundation, floor and roof plans, all elevations, building section,

finish and colour schedules, major material selection, door and window schedule, wall and

roof assemblies, detailed wall section, millwork layout and details, site development plans,

typical details, site contour plan and finished elevations. Provide for final decanting and

phasing drawings including all required construction safety and dust control/infection

control measures (hoarding and other requirements), as applicable.

Structural: Foundation plan, footing details, typical rebar layouts, plans identifying

structural system and details, slab and beam sizing, structural steel weights, OWSJ sizes

and spans, floor and roof loading

Mechanical and Electrical: Layout of all services, typical details, equipment/fixture

selection and sizing, lighting fixture schedule, site servicing and connections

Civil Requirements, where applicable

Submit three sets of hardcopy prints, pdf specifications, pdf drawings, and one set of specifications to the Client for review purposes. These submissions will be inclusive of all disciplines and are to occur at the pretender stage.

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Provide information to the IH appointed Quantity Surveyor to enable preparation of the Class A cost report, as determined by the PM. Provide and coordinate letters of assurance, as applicable, to assist in obtaining necessary permits and licenses. Provide for the preparation of separate documents for the purpose of sequential bids.

BIDDING, NEGOTIATION AND CONTRACT AWARD PHASE

Consultants shall ensure no procurement requirements are contained within the specifications. Procurement front end documents are prepared by the Client using standard BCDC 2E documents. Proponent questions and issues identified throughout the tendering process shall be communicated through the IH Project Assistant (PA) as per the procurement documents. The Client will manage the procurement process. The Consultant shall;

Prepare and assemble complete tender specifications and tender drawing documents.

Assist in the preparation of pre-qualification of bidders, if required.

Submit a list of all Cash Allowances, Alternative and Itemized Prices listed in the

specifications to PA for inclusion into the procurement front end documents and online bid

form.

Prepare all addenda and send to the PM for review and approval to post to online bid system.

Supply Issued for Tender specifications and drawings to the PA for posting to the online bid

system.

Liaise with PM for site meeting requirements.

Coordinate date of site meeting with PM. IH strongly recommends non-mandatory site

meetings be held whenever possible.

Architectural, Mechanical and Electrical Consultants shall be required to attend site meeting; travel time to attend site meeting shall be factored into the fixed fee. Mandatory site meetings require a site meeting sign in sheet signed by all parties attending. The PA will provide the sign in sheet to the PM and Consultant prior to the meeting. Sign in sheets are not required for non-mandatory site meetings. The Consultant shall answer questions raised at the site meeting and prepare an addendum listing all information shared, questions and answers, for both mandatory and non-mandatory meetings. If a mandatory site meeting is held the completed sign in sheet shall be included in the addendum. The Consultant shall review bids submitted and provide a letter of recommendation for award. The PA shall prepare and distribute the award package to the successful Contractor, with copies to the Consultant.

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Consultant shall prepare and assemble two sets of CCDC2 contracts complete with Supplementary Conditions and all documentation in accordance with the Articles of Agreement in the Stipulated Price Contract Documents, properly bound, and forward to Contractor for signature. Prepare and process Issued for Construction Drawings,(IFC) which incorporate all addenda and clarifications, for use by the contractor (s). Incorporate by reference a copy of IFC drawings in CCDC2 contract. Provide the Contractor with one electronic set of IFC Drawings. Provide for re-design and post tender addenda where needed to bring Project in line with budget, at no extra fee to the Client.

CONSTRUCTION ADMINISTRATION PHASE

The Consultant shall provide administrative services as outlined in the CCDC2 contract and Supplementary Conditions. Services provided are to include but not limited to:

General and field review services (travel time to attend site is to be factored in the fixed

fee).

Provide photographs in digital format.

Provide Letters of Assurance of Inspections, as required.

Forward all instructions to the Contractor.

Once initial documentation/specifications are provided by the Client, the Consultant is

responsible for coordination of any additional information required by the suppliers and

consultants for owner supplied equipment.

Keep PM informed of the progress and quality of work provided by the Contractor and

Subcontractors. Report deficiencies observed.

Prepare Supplemental Instructions, Contemplated Change Notices, Change Directives

and Change Orders for approval.

Receive and review Contractor’s submittals such as shop drawings, operating and

maintenance manuals, red line drawings, warranties.

Provide supplementary drawings, details and instructions to contractors, as required.

Interpret requirements of Contract Documents and advise.

Receive and review Contractor’s progress summaries. Issue Certificates of Payment for

Progress Claims.

Provide monthly summary of Supplemental Instructions, Contemplated Change Notices,

Change Directives, Change Orders and Shop Drawing Submittals.

The Substantial Performance inspection shall be attended by the Consultants (all

applicable disciplines), Contractor representatives, PM, site Plant Services

representative(s) and the site Administrator/Manager to identify deficiencies.

The Deficiency list with assigned values (estimate multiplied by 2) will be finalized and

provided to the Contractor within 1 week following the inspection. If applicable, the list will

include funds for the completion and submission of the drawings, manuals, and occupancy

information yet to be submitted to the Consultant.

Deficiencies are to be complete within 45 days. Progress claims will not be accepted on

deficiencies.

Issue a Notice of Certificate of Completion and Certification of Completion, in accordance

with the Builders Lien Act.

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COMMISSIONING AND OCCUPANCY

The Consultant has an important role to play in anticipating start-up problems and taking action early in the Project to avoid or minimize their impact. During the design phases, the Consultant will co-operate with the Client and other consultants in developing the necessary procedures and plans to ensure the orderly implementation of the building engineering systems during the Construction Phase. Responsibilities will include, along with the Sub-Consultants and specialty consultants, the Contractor and sub-trades, coordination of a Consultant Verification Program which will verify that the installed work is complete and according to the contract documents and design intent. The Consultant, along with the Sub-Consultants, will be responsible for reviewing the operating and maintenance manuals.

PROJECT CLOSE OUT

Return any models or renderings to the Client that were prepared as part of the Project. Ensure that red line drawings are submitted by the Contractor and provide record drawings of same, in the latest AutoCAD Release, to the Client. Provide for completion of record drawings at Project completion in both A1 (metric) full-sized hard copy black line print (3 copies) and AutoCAD .dwg format plus pdf files on USB flash drives. PDF drawings are to be uploaded as individually labeled drawings. Ensure that two hardcopy binders and one electronic copy (USB flash drive) of the operating and maintenance manuals are prepared and issued by the Contractors to the Client. All manuals, two sets of record drawings and one CAD and PDF files on USB flash drives are to be forwarded directly to the site, with a copy of the transmittal sent to the PA and PM. One set of Record drawings and one CAD and pdf file on a flash drive including a Category Listing (excel spreadsheet – as per IH CAD Standards – see Section 1 for link to CAD standard) are to be forwarded directly to the PA. Consultants shall include the fees for this requirement in their Submission. Occupancy Permit submission: Submissions will be provided to the jurisdiction having authority by the Managing Consultant. The Contractor will collect all required information such as verification reports etc. required for the submission and will forward them to the Managing Consultant; these are to be included with the Schedule C’s provided by the Consultants.

BUILDING WARRANTY PERIOD

The Consultant shall, as a general performance target, use all reasonable efforts to ensure that substantial performance and total performance of the Work is achieved according to schedule and at least six months prior to the end of the one-year warranty period. The Consultant will monitor the work and assess reported defects or deficiencies arising during the period of one year following Substantial Performance and if required, inspect the work prior to expiry of that period. All items arising during the one-year warranty period, if required by the contract documents, shall be corrected by the Contractors to the Client’s satisfaction within six months of expiry of the said warranty period. (Travel time to attend site is to be factored in the fixed fee). During the building warranty period, the Consultant will be available, on site if required, within two working days, at no extra cost to the Client, to advise and assist in the rectification of any building construction deficiencies that might arise during the warranty period. Scope of work might include but

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not be limited to, taking and circulating minutes of meetings, redesign and inspection of work and coordination of Sub-Consultants and their work.

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ATTACHMENT M

Technical Specifications

Not applicable.

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ATTACHMENT N

Special Conditions The following terms and conditions are specific to the Client. Notwithstanding any other terms and conditions of the Contract, these alterations and additions to the AIBC Standard Form of Contract 6C between Client and Consultant (as amended by Supplementary Conditions 6C-H) shall apply in their entirety to the Contract, and shall form part of Article A20 of the AIBC Standard Form of Contract 6C:

CONTRACT FORM

FEES AND REIMBURSABLE EXPENSES

o Supplementary Conditions 6C-H added requirements to Item A14, under the heading: “FEE FOR SERVICES”. Delete these requirements from Item A14, in their entirety. For greater certainty, these requirements begin with: “1. When the fee for the Consultant’s services is based on a percentage of…”, and end with a formula that includes the words: “Value of Change Order item”; all of these requirements, including the formula, are deleted.

o Supplementary Conditions 6C-H added requirements to Item A15, under the heading: “REIMBURSABLE EXPENSES”. Delete these requirements from Item A15, in their entirety. For greater certainty, these requirements begin with the heading: “EXPENSES FOR CONSULTANTS”, and end with: “…expenses are mutually agreed, attach an appendix providing details”; all of these requirements, including Appendix A attached to Supplementary Conditions 6C-H, are deleted.

GENERAL CONDITIONS

GC1 CONSULTANT’S RESPONSIBILITIES o Add the following:

6. The Consultant shall: 1. Supply Field Review services to ascertain that the progress and execution of the Work, and its

quality and workmanship generally comply with relevant terms and conditions of the Contract Documents;

2. Be responsible for any fault or defect in the Work, to the extent attributable to defects and deficiencies in the Consultant’s design;

3. Immediately notify the Client in writing if the Consultant observes or otherwise becomes aware of any fault or defect in the Work or any nonconformity by the Contractor with the Contract Documents;

4. Employ such periodic selective sampling procedures at the Project site as he feels, in his sole professional discretion, to be necessary in order to ascertain general compliance by the Contractor with the Contract Documents, and

5. In the event that either prior to or during the construction of the Work, the Consultant determines that he will be required to supply Field Review services to the Project in excess of those hereinbefore set forth, for reasons outside of the Consultant’s control, then upon so apprising the Client, and upon receipt of written approval, the Consultant shall supply such Field Review services to the Project and be paid an amount as negotiated between both parties.

GC5 COPYRIGHT AND USE OF DOCUMENTS

o Item 1 - Revise the second sentence to read as follows: “The copyright in Consultant’s Instruments of Service shall remain the property of the Consultant…”

o Item 6 - Revise the sentence:

“Upon the delivery and comparison of the Contractor’s as-built drawings, the Client, or the Consultant as

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an Additional Service, …..”

to read:

“Upon the delivery and comparison of the Contractor's as-built drawings, the Consultant will transfer to the CAD plans any changes that were recorded as-built during the course of construction. Without limiting the Consultant’s other obligations in relation to its agreements with its Sub-Consultants, the Consultant shall ensure that its Sub-Consultants are obliged to transfer to their CAD plans any changes that were recorded as-built during the course of construction, upon the delivery and comparison of the Contractor's as-built drawings, so that the Consultant shall be in a position to fulfil its obligations under this GC5.6.”

o Item 7 - Delete the words: “will remain the property of the Consultant”.

o Add the following Item 8:

8. Notwithstanding GC5.1 to GC5.7, Consultant’s Instruments of Service belong to the Client; the Client will be the owner of all documentation prepared by the Consultant and its Sub-Consultants relative to the Project. The Consultant and its Sub-Consultants retain the copyright but the actual ownership of the documents is transferred to the Client, upon delivery and payment for related services. The Consultant and its Sub-Consultants hereby grants a non-exclusive, irrevocable, royalty free license to the Client with respect to use of such documentation, subject to the limitations in GC5.1, GC5.3, and GC5.7; however, the ability of the Client to make use of the Project documentation will be expanded to include repair, maintenance, rehabilitation, occupancy, operation, alteration, modification and expansion of the Project.

GC7 DISPUTE RESOLUTION

o Item 5 - Add the word “single” after “finally resolved by”

o Item 6 - Replace “Consultant” with “Client”

GC8 LIABILITY OF THE CONSULTANT

o Delete GC8 entirely (and for greater certainty, deleting GC8 includes deleting the alterations and additions to GC8 made by Supplementary Conditions 6C-H), and replace with the clauses attached hereto as Attachment N – Schedule E3.

GC9 SUSPENSION OF SERVICES

o Item 6 – Add to the end of the first sentence: “except where delay or damages is the fault of the

Consultant.”

Add the following as GC17:

GC17 FORCE MAJEURE If a party fails to perform any term of the Contract and such failure is due to an event of Force Majeure, that failure will be deemed not to be a default under the Contract. The party affected by an event of Force Majeure will immediately notify the other parties and will take all reasonable steps to minimize the extent and duration of the Force Majeure and the period of all such delays resulting from the Force Majeure will be excluded from the time within which anything required or permitted by such party to be done under the Contract, it being understood and agreed that the time within which anything is done under the Contract will be extended by the total period of all such delays. During the Force Majeure requiring suspension or curtailment of a party’s obligations under the Contract, that party will suspend or curtail its operations in a safe and orderly manner. “Force Majeure” means any cause beyond the control of a party which prevents the performance by a party of any of its duties, liabilities, and obligations under the Contract not caused by its default or act or omission (except lockouts) and not avoidable by the exercise of reasonable effort or foresight by that party, excluding lack of or insufficient financial resources to discharge and pay any monetary obligations, but including, without limitation, strikes, lockouts, or other labor industrial disturbances; civil disturbances; acts, orders, legislation, regulations, directives or failure to act by any

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governmental agency; act of a public enemy; war, riot, sabotage, blockade, embargo, hurricane, earthquake, flood, washout, explosion, or Acts of God.

Add the following as GC18:

GC18 CERTIFICATES

The Consultant agrees to provide evidence of all required insurance in the form of the Client’s Certificate of Insurance (completed and signed by the Consultant’s insurance agent or broker) within 10 Business Days of a written request. The Consultant agrees to provide a Worksafe BC Letter of Clearance within 10 Business Days of a written request, and to maintain in good standing throughout the Project. In any event, a Certificate of Insurance and Letter of Clearance shall be provided to the Client prior to commencement of services at a Client site. The Client reserves the right to request a current Certificate of Insurance or Letter of Clearance at any time, and if such request is made, then the Consultant shall deliver the Certificate of Insurance or Letter of Clearance to the Client as a pre-condition for further access to be granted to Client sites and for further payments to be made to the Consultant.

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ATTACHMENT N – Schedule E3

Insurance and Indemnification Clauses For interpretation purposes, in the following clauses: (i) any reference to the “Architect” is intended to be read as a reference to the Consultant; (ii) any reference to the “agreement” or “Agreement” is intended to be read as a reference to the Contract; (iii) any use of the word “must” is not intended to be read as a “Must” or “Mandatory” as those terms are defined in the main body of the RFP, and (iv) in section 8.6, the phrase “proceeding brought against the Architect and their respective servant(s), agent(s), or employee(s) under this Contract” is deleted and replaced with “proceeding brought against the Client, its successor(s), assign(s) or authorized representative(s), if the claim, suit or other proceeding may be subject to indemnification in favour of the Client under this Contract”.

8.1 The Architect carries professional errors and omissions liability insurance coverage, and the policy is available for inspection by the Client at all times, upon request. 8.2 The Architect hereby agrees to indemnify and save harmless the Client, its successor(s), assign(s) and authorized representative(s) and each of them from and against losses, claims, damages, actions, and causes of action, (collectively referred to as “Claims”) that the Client may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this Agreement, that arise out of errors, omissions or negligent acts of the Architect or their Sub-Consultant(s), servant(s), agent(s), or employee(s) under this Agreement, excepting always that this indemnity does not apply to the extent, if any, to which the Claims are caused by errors, omissions or the negligent acts of the Client, its other Consultant(s), assign(s) and authorized representative(s) or any other persons. 8.3 The Architect shall be entitled to rely upon published product information by manufacturers and shall not be liable for relying on information or representation which it reasonably believes to be accurate. 8.4 The Architect shall not:

8.4.1 Be required to make exhaustive or continuous on-site reviews; 8.4.2 Be responsible for acts or omissions of the contractor, subcontractors, suppliers or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with Contract Documents; 8.4.3 Have control, charge or supervision, or responsibility for construction means, methods, techniques, sequences, or procedures, or, for safety precautions and programs required in connection with the Work; and 8.4.4 Be responsible for any and all matters arising from Toxic or Hazardous Substances or Materials, unless matters are due directly and arising from the Architect’s design errors or omissions, or due to their faulty instructions to contractors, subcontractors or any other persons performing the Work.

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

8.6 At the Client’s option, the Architect shall, at its own expense, promptly assume the defence of any claim, suit or other proceeding brought against the Architect and their respective servant(s), agent(s), or employee(s) under this Contract. 8.7 If some or any encumbrance of any kind or nature be placed upon or obtained against the property of the Client in, or as a result of any proven legal liability of the Architect and their respective servant(s), agent(s) or employee(s), the Architect shall forthwith cause the same to be discharged. In the event that the Architect shall fail to remove the said encumbrance(s), then the Client shall have the right to pay whatever monies may be necessary to fully discharge any and all such encumbrance(s) and all of its costs may be deducted from monies otherwise payable to the Architect, and the Client shall furthermore be entitled to any additional costs that it may thereby incur.

8.8 General requirements:

8.8.1 All insurance policies which the Architect is required to obtain shall provide that the insurance shall not be cancelled without the insurer giving at least thirty days (30) prior written notice to the Client. 8.8.2 All insurance which the Architect is required to obtain shall be with Insurers registered in and licensed to underwrite such insurance in Canada. All such insurance shall be at no expense to the Client.

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8.8.3 The Architect may take out such additional insurance as it may consider necessary and desirable. All such additional insurance shall be at no expense to the Client.

8.9 The Architect, during the term of this agreement, shall provide, maintain and pay for the following insurance which shall be placed with such company or companies and in such form and amounts and with such deductibles as may be acceptable to the Client:

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

8.9.1.1 For construction valued at $0.00 to $2.5 million: $250,000 per occurrence; 8.9.1.2 For construction valued at $2.5 million to $7.5 million: $500,000 per occurrence; 8.9.1.3 For construction valued at $7.5 million to $15.0 million: $1,000,000 per occurrence; 8.9.1.4 For construction valued over $15.0 million: negotiated; but not less than $1,000,000 per occurrence. Structural, Mechanical, Electrical and Civil Sub-Consultants Insurance coverage to be based on the value of their scope of work. All other specialty Consultants to carry a minimum $250,000 errors and omissions insurance despite the value of their scope of work.

8.9.2 Automobile Liability insurance on all licensed vehicles owned by or leased to the Architect, protecting against damages arising from bodily injury (including death) and from claims for property damage arising out of their use in the operations of the Architect, its Sub-Consultant(s) and their respective servant(s), agent(s), or employee(s) under this Agreement. Such insurance shall be for an adequate amount acceptable to the Client and shall in any event be not less than $2,000,000 inclusive of any one accident.

8.9.3 The Architect shall ascertain that all Sub-Consultants employed by the Architect carry insurance in the form and limits specified in paragraphs 8.9.1 and 8.9.2 above, and shall provide evidence of the policies upon Client request. 8.9.4 All insurance described in paragraphs 8.9.1 and 8.9.2 must:

8.9.4.1 Be primary; and

8.9.4.2 Not require the sharing of any loss by any insurer of the Client.

8.9.5 If the Client is to insure against professional liability on a single Project basis for the Architect and all Consultants, the coverage referred to under paragraph 8.9.1 above is not required during the period that the single Project insurance is in force.

8.9.6 The Architect shall provide:

8.9.6.1 Evidence of insurance in the form of the Client’s Certificate of Insurance (copy attached) of all required insurance; and 8.9.6.2 Certified copies of required policies upon written request.

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ATTACHMENT O

General Conditions (Design)

AIBC Standard Form of Contract 6C between Client and Consultant (as amended by Supplementary Conditions 6C-H) is hereby incorporated into this RFP by reference.

Blank fields in the AIBC Standard Form of Contract 6C shall be completed as follows after selection of the Successful Proponent and prior to execution of the Contract Form:

Reference Subject Matter Instructions for Blank Field

Form of Contract

1 Designated discipline(s) Check boxes and complete fields as set out in Attachment L.2 (Scope of Services) of the RFP (and add Specialty Consultants to the extent confirmed by the Client)

2 Managing Consultant Insert the name of the entity that offered to enter the Contract

2 Project Name/Project Number Insert the Project Name and Project Number as set out on the first page of the RFP

Contract Form

A1 Date of Contract Insert the date of the award letter received by the Consultant (or another date if determined by the parties to be appropriate)

A2 Name & address of Client Insert the following: “Interior Health Authority Capital Projects 505 Doyle Ave. 4

th Floor

Kelowna, BC V1Y 0C5”

A3 Name & address of Consultant Insert the name of the entity that offered to enter the Contract, and the address of the same entity as may be set out in the Proposal

A4 Project description Insert: “As set out in the RFP”

A5 Project Budget Insert: “Not applicable”

A6 Construction Budget Insert: “As set out in Attachment E (Pricing Instructions and Forms) of the RFP”

A7 Procurement methods Insert: “May include any of the above-mentioned methods”

A8 Project delivery methods Insert: Single General Contractor

A9 Construction pricing methods Insert: Stipulated Sum

A10 Schedule of Consultant’s Services

Attach the RFP and Proposal to the AIBC Standard Form of Contract 6C

A11 Schedule of Client’s Responsibilities

Attach the RFP and Proposal to the AIBC Standard Form of Contract 6C

A12 Consultants engaged by Managing Consultant

Insert: “Disciplines as set out in the RFP; names of Sub-Consultants as set out in Proposal, if applicable (including Specialty Consultants to the extent confirmed by the Client)”

A13 Consultants engaged by the Client

Insert: “Consultants engaged by the Client may include but not limited to: quantity surveyors, insurance experts, soils testing, acoustic consultants, hazardous materials consultants, elevator consultants, seismic consultants, environmental consultants, ergonomic assessments and medical gas re-certification.”

A14 Fees Insert: “As set out in Attachment E (Pricing Instructions and Forms) completed by the Consultant and included in the Proposal”

A15 Reimbursable Expenses Insert: “0” in the first field, so that it reads: “0%”; leave the second field blank

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A16 Auto travel rate Leave the first field blank, and in the second field, insert: “Per Attachment S.1 (Reimbursable Expense Guidelines) of the RFP”

A17 Retainer Insert: “Not applicable”

A18 Frequency of invoices Insert: “Per Attachment J (Payment Terms) of the RFP”

A19 Interest rate Insert: “0” in the first field, so that it reads: “0%”; leave the second field blank

A20 Other Terms of Contract Insert: “As set out in Attachment N (Special Conditions) of the RFP. The remainder of the RFP (including other Attachments), and the entire Proposal (including the Proposal Cover Page in the form of Attachment A to the RFP) are also included as terms of the Contract.”

Blank fields in the Supplementary Conditions 6C-H shall be completed as follows after selection of the Successful Proponent and prior to execution of the Contract Form:

Reference Subject Matter Instructions for Blank Field Page 1 of 11 Project Name/Project Number Insert the Project Name and Project Number, as set out on the

first page of the RFP

Page 3 of 11 Dollar amounts These blank fields have been deleted (along with these Item A14 requirements) by the Special Conditions

GC5 (p.4 of 11)

Name and address of recipient of CAD files

Insert in the first field: “As specified in writing by Client from time to time”; leave the other fields blank

Appendix A (p.9 to 11)

Effective date, and dollar amounts

These blank fields have been deleted (along with Appendix A) by the Special Conditions

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ATTACHMENT P

Privacy Schedule Insert requirements below as applicable.

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ATTACHMENT Q

Insurance Certificate (Design)

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ATTACHMENT R

Diagrams and Drawings List as applicable.

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ATTACHMENT S

Additional Background Information (Design) Attachment S.1 - Reimbursable Expense Guidelines The “Reimbursable Expense Guidelines” are standardized reimbursement rules applicable to many Client contracts, including consultant and construction management contracts. For interpretation purposes, the following terms apply to the Reimbursable Expense Guidelines, despite any contrary terms therein: -References to the “Reimbursable Expense Worksheet” shall refer to the fill-in-the-blank expense worksheet provided by the Client to the Consultant from time to time, which shall be consistent with the Reimbursable Expense Guidelines; -Despite references to “Guidelines”, the Reimbursable Expense Guidelines are intended to be contractual, and form part of the Contract; -The Reimbursable Expense Guidelines may be updated by the Client from time to time, to reflect inflationary or deflationary pressures, and shall form part of the Contract when mutually agreed; -“Where one ordinarily performs their duties” (as described in the Reimbursable Expense Guidelines) may include more than one location (e.g.’s: the Place of the Work; an off-site office; a home office). In that case, the “Headquarters Area” shall mean the area within 40 kilometres of both or all locations where the Consultant ordinarily performs its duties, and if such locations are more than 40 kilometres apart, then travel between those locations shall be deemed to be within the “Headquarters Area”; Reimbursable Expense Guidelines and Reimbursable Expense Worksheet can be found at the following link; Reimbursable Expenses .

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Attachment S.2 – Draft Project Schedule prepared by the Interior Health The draft Project schedule is for information purposes only, and is non-binding.

Attachment S.3 – List as applicable The following information is included as specific to the site:

List as applicable