Request for Proposals Consulting Services for Renovations … · 2019-11-19 · Request For...

Request For Proposals Harper Hall Project - RFP# HARP-20-01

Revision Date: November 15, 2019 of 11

Request for Proposals

Consulting Services for Renovations Harper Hall

Proposal Number: HARP-20-01



Table of Contents Section 1.0 Background / Scope of Work Page 3 Section 2.0 Purpose of RFP, Procedures and Instructions Page 4 Section 3.0 Minimum Standards Proponents Must Meet Page 8 Section 4.0 Essential Terms Page 9 ATTACHMENTS APPENDIX A: Receipt Confirmation 1 Page APPENDIX B: Validation of Proposal 1 Page APPENDIX C: Fee Detail Form 1 Page APPENDIX D: Sample Agreement between Mount Allison University and Consultant 37 Pages APPENDIX E: Proponent Synopsis PDF Form 30 Pages

Proponent Synopsis Word Form 9 Pages APPENDIX F: Proponent Synopsis Instructions 4 Pages APPENDIX G: Submittal Requirements for Capital Projects 14 Pages APPENDIX H: Schedule of Responsibilities for Capital Projects 8 Pages APPENDIX I: Project Schedule Milestones 3 Pages _____________________________________________________________________________________________



Section 1.0 Background / Scope of Work Mount Allison University, hereinafter referred to as the University, issues this Request for Proposals (RFP) for the purpose of beginning the process that may ultimately lead to the selection of an architectural consultant for the design and contract administration for the renovation of Harper Hall, a student residence, hereinafter referred to as the Project. Interested proponents should submit a response in compliance with the enclosed instructions. The University estimates the cost of the Project to be approximately $12.0M net of fees, taxes and furnishings. The University is Canada’s premier liberal arts and science undergraduate university, with a long and distinguished history in the arts, and has an enrolment of around 2,200 students. Because of its size, its location within a small community and its residential nature, it offers a number of social, cultural, athletic and academic influences and opportunities. It is also committed to offering a very strong liberal education. The University has ranked among the top two undergraduate universities in Canada by MacLean’s magazine for 21 consecutive years, a record of achievement unmatched by any other university. The University also has a strong history in residence life programs including academic support to students living on campus. Currently 45% of total students live on campus in twelve buildings. All students living in residence have meal plans and dine at Jennings Hall. Each residence has laundry facilities, vending, lounges, study rooms, kitchens or kitchenettes and storage available to all students in the building as well as an apartment that accommodates a Don that provides additional support to students. The existing Harper Hall residence is a five storey brick clad, reinforced concrete building with a total floor area of approximately 54,000 square feet. The building was constructed in 1966 and is currently home to 185 students. The existing Harper Hall layout includes 10 double-style and 165 single-style rooms, with kitchenettes and lounges located on each floor. Bathrooms and shower rooms are community-style “down the hall.” Harper Hall is located on the north side of campus adjacent to Jennings Dining Hall and shares a quad with Campbell Hall and Windsor Hall residences. https://mountallison.university-tour.com/map.php As part of the pre-design phase, it is essential that the consultant provides a comprehensive building condition report to investigate the viability of renovating the brick structure. The successful proponent will be required to evaluate and update the preliminary Owner’s Project Requirements furnished by the University to establish the requirements of the Project and shall arrive at a mutual understanding of such requirements with the University. It is expected that the design team will include in their staffing a qualified consultant or consultants experienced with evaluating educational dorm room requirements to establish optimal space utilization, cutting edge sustainable solutions, best practices in accessible design features and environmental and energy efficiency Requirements for the renovated residence include the conversion of double and single rooms into a combination of single rooms with private en-suite bathrooms, single rooms with shared en-suite bathrooms (two singles sharing a bathroom) and a limited number of double en-suite rooms for a projected occupancy of 160 student beds. Common areas such as lounges, laundry room, kitchen/kitchenettes, vending room, group study rooms, bicycle storage and trunk storage are to be included. A residence community-building space accessed from the dining hall and secured from the residence will be included. A two bedroom Don’s apartment and a separate block containing at least four (4) small studio apartments must also be located in the building. The complete building renovation will require universal design and code compliance and will replace existing HVAC, electrical, plumbing, life safety systems, communication infrastructure, and all interior finishes. The Project will include selective demolition and hazmat abatement, window and roof replacement and selective below grade waterproofing and drainage measures. Loose furniture, window treatments, TV’s, and appliances (such as stoves, microwaves and fridges) are not part of the design requirements.



The Project is funded with University funds and should be efficient and economical in the use of these resources. It is expected that the renovated building will be sustainable and utilize techniques that will result in substantial reductions in typical building energy and water usage.

The Project will improve the overall quality of student life on the University campus by providing appropriate social, cultural and administrative spaces as well as complementing other campus planning initiatives. A seamless and effective connection between student activities and programs and ancillary services will encourage increased participation by the student body. This renewal will also enhance accommodation for summer conference guests.

More information on the Project can be found online: (1) RFP# HARP-20-01 Updates:

https://www.mta.ca/Community/Administrative_departments/Financial_Services/Contractors_and_vendors/Open

_tenders/Open_tenders/

(2) Mount Allison University Campus Master Plan: https://www.mta.ca/Community/Administrative_departments/Facilities_Management/Campus_Master_Plan/Campus_

Master_Plan/

Section 2.0 PURPOSE OF RFP, PROCEDURES AND INSTRUCTIONS 2.1 Purpose The University, as represented by Financial Services, is seeking proposals from interested and qualified architectural firms, hereafter referred to as Proponents, to provide professional services in performing design and engineering services for the renovation of the Harper Hall Residence. Through this Request for Proposals the University seeks to: a) Identify a consultant team; b) Identify the terms and conditions that would be considered for the resulting agreement (the “Agreement”),

and; c) Propose the pricing structure for proposed project. The term of the Agreement is intended to commence on March 03, 2020 and shall remain in effect until the Project is complete inclusive of the 1 - year warranty inspection and all required close-out documentation has been received to the satisfaction of the University unless otherwise terminated in accordance with the terms outlined herein. Please note that anticipated project milestone dates are estimates only and are not intended to suggest the Proponent contract length which will depend on final approved design, required construction duration and/or budget approvals. 2.2 No Intent to Contract It is not intended that this RFP and any proposal submitted in response shall create a contract between the Proponent and the University. By responding to this RFP with a proposal the Proponents understand and agree that no contract is formed and that neither the University nor the Proponents intend to create a contract. Instead, by responding to this RFP the Proponents intend to present a proposal to the University which may form the basis of a contract. No contract will be formed until the University signs the Agreement with a Proponent. The University reserves the right to terminate the RFP process at any time, to withdraw from discussions with any or all of the Proponents who have responded and is under no obligation to conclude the Agreement with any Proponent.



2.3 Issuing Office Financial Services Mount Allison University 65 York Street Sackville, New Brunswick Phone: (506) 364-2242 CANADA E4L 1E4 FAX: (506) 364-2216 Attention: Ms. Ruth Terrio, Manager, Procurement Services e-mail: [email protected] 2.4 The University’s Authorized Representatives The only persons who are or shall be authorized to speak or act for the University with respect to this RFP, are those whose positions or names have been specifically designated in Section 2.3 and Section 2.4. For Proposal Detail: Ms. Ruth Terrio, Manager, Procurement Services e-mail: [email protected] Phone: (506) 364-2294 Fax: (506) 364-2216 For Technical Detail: Mr. Ronald M. Eickholt, P. Eng., Project Manager e-mail: [email protected] Phone: (506) 364-2447 Fax: (506) 364-2688 2.5 Project Schedule

Activity Day Date Time Location Advertisement Tuesday November 19, 2019 Selected Newspapers

RFP Documents Available

Tuesday November 19, 2019

9:00 AM Mount Allison University Financial Services and Procurement 65 York Street Sackville, New Brunswick E4L 1E4 By courier or online at https://www.mta.ca/Community/Administrative_departments/Financial_Services/Contractors_and_vendors/Open_tenders/Open_tenders/

Pre-Proposal Site Visit

Monday December 02, 2019 1:00 PM Mount Allison University, Windsor Hall Grand Room, 145 Main Street, Sackville, New Brunswick. To confirm attendance, complete Appendix “A” and submit by email to [email protected]

Questions Due Accepted by Email Only

Tuesday December 10, 2019 4:00 PM Mount Allison University Financial Services and Procurement Fax: (506) 364-2216 Email: [email protected]

Addendum Issued Monday December 16, 2019 4:00 PM Mount Allison University



Financial Services and Procurement By Courier or online at https://www.mta.ca/Community/Administrative_departments/Financial_Services/Contractors_and_vendors/Open_tenders/Open_tenders/

Proposals Due Thursday January 16, 2020 4:00 PM Mount Allison University

Financial Services and Procurement Room 310 Centennial Hall Mount Allison University 65 York Street Sackville. New Brunswick E4L 1E4

Proponent(s) Short List Announced

Monday January 27, 2020 4:00 PM Successful Proponent(s) will be contacted by Phone or Email

Proponent(s) Presentation

Monday & or Tuesday

February 3 & 4, 2020 TBD Facilities Management Meeting Room 155 Main Street Sackville, New Brunswick Tel: 506-364-2444

University Selects the Proponent(s) to Continue the Process.

Tuesday February 18, 2020 4:00 PM Successful Proponent(s) will be contacted

Negotiation of Terms of Agreement

Week of February 24 - 28, 2020

Contractual terms negotiated and Agreement signed.

Project Start-up Meeting

Tuesday March 03, 2020 Facilities Management Meeting Room 155 Main Street Sackville, New Brunswick Tel: 506-364-2444

Design March 03, 2020 – July 30, 2021

Tendering Phase

August 02 - October 29, 2021

START OF FOLLOWING PHASES ARE SUBJECT TO BUDGET APPROVAL Contractor Submittal and Procurement Phase

November 01 2021 – April 29, 2022

Construction Phase

May 02, 2022 – July 31, 2023

Mount Allison Move-in August 01, 2023

2.6 Pre-Proposal Site Visit, Proposal Forms and Transmission Proponents will express their intent to attend the Pre-Proposal Site Visit and their interest in this RFP by emailing or faxing the Receipt Confirmation form (see Appendix “A”) to the Issuing Office (see Section 2.3). Proponents will submit a response to this RFP using the forms, contained herein or photocopies thereof.



The University prepared the Consultant Firm Data form as a means of standardizing presentation of information from professional consulting firms. The RFP includes instructions for completing the Consultant Firm Data, and the procedures and criteria by which Proponents may be selected. Proponents should include a cover sheet on corporate letterhead and may include information on additional pages if the forms do not allow adequate space. Proponents will submit four (4) copies of their completed proposals; one shall have original signatures Emailed or faxed submissions will not be accepted. To facilitate out of province or international Proponents, emailing of proposals to local third parties for forwarding by courier or hand-delivery to the University may be accepted, provided the specified number of copies are submitted and are delivered pursuant to Section 2.7. Costs to develop a submission or to attend the Pre-Proposal Site Visit or for investigative work performed prior to the execution of any contract are entirely the obligations of the Proponents and shall not be charged in any part to the University. All proposals and supporting information become the property of the University. All such documentation may be reproduced by the University, provided that such reproduction is made solely for internal use or for any purpose authorized by law. 2.7 Closing date and time All completed documents should be received by the Issuing Office (see Section 2.3) not later than 4:00 p.m. on Thursday, January 16, 2020. Please include "RFP# HARP-20-01 Consulting Services” on the external packaging by the firm or courier. There will be no public opening or disclosure of the proposals. 2.8 Inquiries and Clarifications It is the responsibility of each Proponent to inquire about any requirements of this RFP that need clarification. Inquiries must be in writing; verbal inquiries will not be accepted. If a Proponent discovers any inconsistency, discrepancy, ambiguity, error or omission in this RFP, the Proponent must notify the University immediately. Inquiries must be directed to the Manager, Procurement Services. (See Section 2.3). Any requests for clarification are to be submitted in writing via email by 4:00 PM Tuesday December 10, 2020.

Please reference "RFP# HARP-20-01 Consulting Services”on all correspondence. No contact should be made with any other University officials regarding the Project. All questions will be answered in one addendum which will be circulated among all Proponents by email and posted on the website on or before 4:00 PM Monday December 16, 2020. https://www.mta.ca/Community/Administrative_departments/Financial_Services/Contractors_and_vendors/Open_tenders/Open_tenders/ 2.9 Pre-Proposal Site Visit The Issuing Office will be hosting a Pre-Proposal Site Visit for Monday December 02, 2020 at 1:00 PM in the Windsor Hall Grand Room, 145 Main Street. The purpose of the meeting will be to provide information to prospective firms on the Project as well as tour the proposed project site. Parking is available in the Rectory Lane Parking Lot. https://mountallison.university-tour.com/map.php 2.10 Proponent Presentations After evaluation of the RFP’s, the University may conduct on-campus interviews with any one or more Proponents to provide the required services. During the interviews, Proponents will be encouraged to elaborate on their qualifications, experience, and staff expertise relevant to the Project. Also, the Proponents will be required to address project specific questions including the approach to the Project, budget, schedule, construction administration, project closeout and examples of similar projects. Key personnel proposed in the RFP must be present at the interview, tentatively scheduled for Monday or Tuesday February 03 or 04, 2020. The interview will consist of a thirty (30)



minute presentation with a twenty (20) minute question and answer session by the Committee. The media used to make the presentation is entirely at the discretion of the Proponent. 2.11 Conflict of Interest Proponents must identify any potential conflicts of interest that may arise as a result of their response to this RFP and/or subsequent award of contract. Non-disclosure of any potential conflicts of interest may be sufficient cause to disqualify the Proponent or terminate any further involvement of the Proponent in the RFP process or any subsequent negotiated Agreement. 2.12 Confidentiality The Proponent shall clearly mark "Confidential" information regarding the items and conditions, financial and/or technical aspects of the Proponent’s proposal, which in the Proponent’s opinion are of a proprietary or confidential nature at the relevant item or page. The University shall use all reasonable efforts to hold all information marked "Confidential" by the Proponent in strict confidence but shall not be liable for any inadvertent disclosure. Similarly, information about the University obtained by a Proponent and declared by the University representatives to be confidential must not be disclosed unless authorized by the University. It is agreed that these reciprocal obligations of non-disclosure will survive the termination of any Agreement that might arise between the parties. This RFP and all drawings, designs, specifications and other data appended or related to it, are the property of the University and are supplied only for the purpose of enabling each Proponent to prepare and submit a proposal. The information contained or referred to in the RFP or appended to it, is not to be disclosed or released for any other use or purpose and must be returned to the University when requested. 3.0 Minimum Standards Proponents Must Meet The University intends to exercise its absolute and unfettered discretion in selecting the Proponent whose proposal in its sole opinion, provides the best overall value to the University and to enter into negotiation of the terms of the Agreement with the selected Proponent. The University may or may not, conduct discussions, request further information or clarifications, either in succession or concurrently, with any or all Proponents on the content of their proposal(s) without becoming obliged to clarify or seek further information from any other Proponent(s). In its evaluation of the Proponents’ proposals, the University will not be limited to the consideration contained in Appendix “E”, Consultant Firm Data. Proponents must complete Appendix “B”, Appendix “C” and Appendix “E” and the completed appendices are to be included with and form a part of any proposal. 3.1 Qualification Criteria To ensure that the University will consider a Proponent’s proposal for possible negotiation of the Agreement, Proponents must meet all of the following requirements:

(1) The Proponent must have had previous experience in the design of university residence buildings.

(2) The Proponent shall have at least one architect licensed to practice in the Province of New Brunswick as a responsible member of the team.

(3) Every sub-consultant of a Proponent must have at least one professional engineer licensed to practice in the Province of New Brunswick as a responsible member of its team.

(4) The Proponent and each of its sub-consultant firm shall have been in business for at least three years immediately preceding the submission of its proposal.

(5) The Proponent shall have a permanent office located in one of the Maritime Provinces from which direction of all services contemplated by the Agreement will be delivered, and must



undertake to maintain that office until all of the responsibilities of the consultant under the Agreement have been delivered.

(6) The Proponent, or the responsible member of the Proponent’s team, shall have designed and overseen through Total Performance: (1) at least three (3) projects for the refurbishment or construction of a building project with a

construction value of at least $10,000,000 within the five years immediately preceding the submission of its proposal.

(2) at least one (1) project for the refurbishment or construction of a university residence building project with a construction value of at least $10,000,000 within the five years immediately preceding the submission of its proposal.

(7) Where the Proponent is a joint venture, the joint venture must be in writing and the Proponent must undertake to deliver a true copy of the executed joint venture agreement to the University prior to the execution of the Agreement. The joint venture agreement must clearly state how responsibilities for delivering the consultant’s responsibilities under the Agreement will be shared, and must identify the individual(s) who will be responsible for delivering the services. The joint venture agreement must clearly state that the provisions of the Agreement will prevail over the terms and conditions of the joint venture agreement, and that the parties to the joint venture agreement shall be jointly and severally liable to the University in the event of default by any member of the joint venture. Unless the joint venture agreement expressly authorizes one member of the joint venture or a specific individual to bind all members of the joint venture to the Agreement, the Agreement shall be executed by each member of the joint venture.

4.0 ESSENTIAL TERMS 4.1 The current draft version of Mount Allison University’s Agreement between Owner and Consultant is included in this RFP as Appendix “D”. It is the intention of the University that any Agreement that may result from this RFP process will substantially incorporate the rights and responsibilities and the processes and procedures set out in Appendix “D”. If a Proponent wishes to change any of the terms it shall so indicate in its proposal.

4.1.1 Proposed fee percentage will cover all professional fees including expenses incurred to complete this project including but not limited to: long distance telephone, or facsimile charges; mailing or courier costs; miscellaneous reproduction cost of specifications, plans, sketches, drawings, graphical representations and all other documents required for any reviews; data processing or photographic costs; as described in Appendix “D”, draft Agreement between the University and Proponent. Invoices shall be issued monthly. The fee for the Consultant's services shall be apportioned to the phases of service as listed below, and the amounts invoiced shall be in proportion to the services performed within the phases. Total Payments are not to exceed the stated percentages. Upon approval of Pre-Design Phase…………………..…………………….………………….………….…..….5%

Upon approval of Concept Design Phase……………………..….…...………………………..…………….....15% Upon approval of Design Development Phase………………………………………………..……….….…….25% Upon approval of Construction Documents Phase……………………………………..…….…………….…..70% Upon completion of Construction Bidding or Negotiation Phase……………………………..……...………..75% During the Construction Phase, monthly in proportion to the progress of the work, up to and including final inspection and acceptance……………………………………………………………………………………..….95% Upon receipt of all Total Performance Certificates, Close-Out documentation, record drawings, and final report…………………………………………………………………………….……………….………………......98%



Upon completion of all Warranty related requirements………………………………………………..…..….100% (1) During the Pre-Design, Conceptual Design, Design Development, Construction Document,

Construction Bidding or Negotiation and Construction Administration Phases, the fee for basic services shall include the full cost of all site visits necessary to ensure that the design will meet or exceed the University’s Project Requirements and that the construction documents are consistent with those requirements. The fee will also allow for attendance of all required project meetings for prime consultant and sub-consultants to meet or exceed the proposed project schedule as identified in Appendix “I”- Schedule.

(2) During the Construction Administration Phase, the Consultant and sub-consultants shall visit the site at

intervals appropriate to the stage of construction or as otherwise required by the University for the purpose of observing the progress of the work and general conformity of the work to the construction documents It should be understood however that the Consultant and required sub-consultants shall visit the site at least bi-weekly during the construction phase for the duration of the project to attend site meetings with the Construction Manager and/or General Contractor, and the Owners meetings to review construction progress meetings with the Construction Manager and/or General Contractor. Additionally, the Consultant and/or sub-consultants will visit the site on an as needed basis to attend coordination meetings, review on-site compliance with the requirements of the construction documents or to respond to questions related to Requests for Information (RFI's), Consultant's Site Instructions (SI's) and/or Contemplated Change Orders (CCO's). The Consultant shall organize site visits for its various sub-consultants as necessary to the progress of the Project or as requested by Mount Allison University. The Consultant shall maintain, and submit on a monthly basis, accurate records of all observations, directions or decisions made or given at or as a result of such site visits and meetings and shall record the time, duration of and persons in attendance at such visits or meetings.

(3) Proponents shall provide Mount Allison University with both hourly and daily rates for additional

services. The rates provided will remain in effect for the duration of the project. Where it is determined that the additional service was necessitated due to a design error or an omission by the Consultant, the Consultant will not be reimbursed.

4.1.2 The Proponent will identify costs intended against this project, including:

(1) A fee for Basic Services as a percentage of the final agreed upon total construction cost

including all approved change orders, plus rebated HST at the current rate of 11.65% as of October 31 - 2019.

(2) Hourly rates charged for all pre-approved additional services by the Consultant, including services to be provided by the Consultant’s Sub-Consultants. Provide hourly rates for all team members and all support staff.

4.1.3 Pricing structure in will be in Canadian funds to be calculated as a percentage of estimated project

costs and will be shown in numerals and text. The lowest bid may not necessarily be accepted as there are other criteria for consideration in this request for proposal. Pricing that is clearly indicative of predatory pricing may be disqualified at the University’s discretion.

4.1.4 Invoice payment terms will be net 45 days 4.1.5 Proponents must acknowledge a review of sections 22.1 and 22.2 of the Criminal Code of Canada

and agree to indemnify the University from any negligence on the part of the Proponent in carrying out its obligations under the Agreement resulting from this RFP.



4.2 The Agreement The University has included the preferred version of the draft Agreement between the University and Consultant (Appendix “D”) The degree to which the Proponent is prepared to accept the terms of the draft Agreement will be considered by the University in choosing which Proponent it will negotiate with for the conclusion of the Agreement and the ultimate formation of an Agreement. 4.3 Suspension of RFP process In the event the University discovers new relevant information regarding the requirements of the Project or the RFPs or that Proponents have received unequal access to relevant information, the University reserves the right in its sole discretion, to suspend the RFP process, either before or after proposals have been received, issue new information in writing to all Proponents and then continue the RFP process. In the event the University chooses to suspend the RFP process, those Proponents who have submitted proposals will be provided with new information and allowed an additional five (5) days to change their proposals should they choose to do so, or to withdraw altogether. Thereafter, the University will continue the RFP process with the then remaining Proponents, with all other requirements of the RFP applying as if the RFP process had not been suspended. 4.4 Financial capability The University requires assurance that once the Agreement is signed a Proponent’s financial limitations do not exist that may cause failure to meet delivery and installation schedules or withdrawal of the company from the marketplace. Proponents, and any third parties participating in the RFP, may be required to provide current annual financial reports or a set of financial statements, reviewed or audited by a chartered professional accountant, certified public accountant or other acceptable accounting professional. The University may request additional information and/or clarification regarding all financial information submitted at any time. -----------------------------------------------------------------------------------------------------------------------------------------------------------

RFP Receipt Confirmation RFP# HARP-20-01

Revision Date: November 15, 2019 Page 1 of 1

APPENDIX “A”

Receipt Confirmation - RFP HARP-20-01

Please complete this form and email IMMEDIATELY to: Financial Services Mount Allison University Attention: Ms. Ruth Terrio email: [email protected] Failure to return this form may result in a termination of communication regarding this RFP. COMPANY NAME: __________________________________________________________________________ ADDRESS: ___________________________________________________________________________________

CITY: ________________________ PROVINCE: _________ POSTAL CODE: ________________________ CONTACT PERSON: ___________________________________________________________________________

EMAIL ADDRESS: _____________________________________________________________________________

PHONE NO: _____________________________________ CELL NO: ____________________________________

I have received a copy of the above noted RFP and hereby advise the following:

□ Yes, I will be responding to this RFP. I authorize Mount Allison University Financial Services to send further correspondence that it deems to be of an urgent nature by the following method:

□ Courier collect □ Email PDF attachment file

□ Yes, representatives of our firm will attend the Pre-Proposal Site Visit at 1:00 pm in the Grand Room, Windsor Hall, Monday December 03, 2019.

□ No, I will not be responding to this RFP. I understand that if I do not submit, this will not affect our company's status as a potential Consultant to Mount Allison University in the future.

I also understand that if I do not return this form, our company will not receive any further notices with regard to this RFP. SIGNATURE: ______________________________________________________________________________

TITLE: DATE: ___________________________________

RFP Validation of Proposal RFP# HARP-20-01


APPENDIX “B”

Validation of Proposal

Proponent confirms that its Submission has addressed all information in Addendum No. ______ through to Addendum No. ________ . Proponent confirms that it has received all documentation issued for this RFP

□ RFP-HARP-20-01

□ APPENDIX A: Receipt Confirmation

□ APPENDIX B: Validation of Proposal

□ APPENDIX C: Fee Detail Form

□ APPENDIX D: Sample Agreement between Owner and Consultant

□ APPENDIX E: Proponent Synopsis Form

□ APPENDIX F: Proponent Synopsis Form Instructions

□ APPENDIX G: Submittal Requirements for Capital Projects

□ APPENDIX H: Schedule of Responsibilities for Capital Projects

□ APPENDIX I: Project Schedule Milestones Consultant: ______________________________________________________________________________ Authorized Representative: ______________________________________________________________________ Title: ______________________________________________________________________________________ Signature: ________________________________________________ Date: _________________________ Add the Corporate Seal over the signature, or, provide a copy of corporate Board of Directors minutes granting authority to this person(s) to submit tenders on behalf of the Corporation.

RFP Fee Detail Form RFP# HARP-20-01


APPENDIX “C”

Fee Detail Form

1 SCOPE OF WORK

To provide consulting services for design and contract administration for the renovation of Harper Hall. 2 FEES

2.1 Consultants will submit fee information in Canadian dollars. 2.2 Consultants will submit the Fee Detail Form in an envelope separate from the balance of the proposal. 3 FEE SUBMISSION 3.1 Fee for Basic Services The architect proposes a fee for basic service computed as follows:

3.1.1 Estimated Project Cost……………………………………………………………………$ 12,000,000.00

3.1.2 Plus rebated HST at 11.65 %...................................................................................$ 1,398,000.00 ----------------------- Total estimated Project Cost (s. 3.1.1 + s. 3.1.2)…………………………………….…$ 13,398,000.00 3.1.3 Fee proposal assuming project will incorporate the use of Construction Manager as outlined

in RFP documents.

3.1.3.1 Consultant Fee percentage ____________%

3.1.3.2 Total fee proposed $ __________________________. ____, or, __________________________________________________Dollars and _____________ cents.

3.1.3.3 HST extra. 3.1.4 Fee proposal assuming project will incorporate use of General Contractor as outlined in

RFP documents.

3.1.4.1 Consultant Fee percentage ____________%

3.1.4.2 Total fee proposed $ __________________________. ____, or, __________________________________________________Dollars and _____________ cents.

3.1.4.3 HST extra.



3.2 Fee Payment Schedule The Proponent agrees that the fee, stated in Section 3; Paragraph 3.1.3 and Paragraph 3.1.4, for the Consultant's services shall be apportioned to the phases of service as listed below, and the amounts invoiced shall be in proportion to the services performed within the phases. Total Payments are not to exceed the stated percentages.

3.2.1 Upon approval of Pre-Design Phase………….................…………….……….…………...………. 05% 3.2.2 Upon approval of Concept Design Phase……………………………….……….…………...……….15% 3.2.3 Upon approval of Design Development Phase……………………………………….……………….25% 3.2.4 Upon approval of Construction Documents Phase……………………………………….…………..70% 3.2.5 Upon completion of Construction Bidding or Negotiation Phase….…………………….……….….75% 3.2.6 During the Construction Administration Phase, billed monthly in proportion to the progress of the work, up to and including final inspection and acceptance………………….………………………………….95%

Upon receipt of (all) Total Performance Certificates, Close-Out documentation, record drawings, and final report…………………………….………………………………………………………………….……………......98%

3.2.7 Upon completion of all Warranty related requirements………………………………...………..….100%

3.3 Additional Services

The Consultant will provide rates for the design team any additional services, as follows:

Principal Architect $ ____________ per hour $ ____________ per day Project Architect $ ____________ per hour $ ____________ per day Graduate Architect $ ____________ per hour $ ____________ per day Architectural Designer $ ____________ per hour $ ____________ per day Senior Technician $ ____________ per hour $ ____________ per day Senior Draftsperson $ ____________ per hour $ ____________ per day Specifier $ ____________ per hour $ ____________ per day Administrative Technician $ ____________ per hour $ ____________ per day Structural Engineer $ ____________ per hour $ ____________ per day Mechanical Engineer $ ____________ per hour $ ____________ per day Electrical Engineer $ ____________ per hour $ ____________ per day Interior Designer $ ____________ per hour $ ____________ per day Cost Consultant $ ____________ per hour $ ____________ per day Acoustical Consultant $ ____________ per hour $ ____________ per day Site Inspectors $ ____________ per hour $ ____________ per day ______________________ $ ____________ per hour $ ____________ per day ______________________ $ ____________ per hour $ ____________ per day ______________________ $ ____________ per hour $ ____________ per day ______________________ $ ____________ per hour $ ____________ per day ______________________ $ ____________ per hour $ ____________ per day (For Paragraph 3.3, fill out area above or attach separate page)



Name of Firm: ____________________________________________________________ Full Address: ____________________________________________________________ ____________________________________________________________ Telephone: ____________________________________________________________ Email: ____________________________________________________________ A name of corporate officer authorized to submit this response: ____________________________________________________________ Signature: ____________________________________________________________ Add the Corporate Seal over the signature, or, provide a copy of corporate Board of Directors minutes granting authority to this person(s) to submit tenders on behalf of the Corporation.

Agreement between Mount Allison University and Consultant PROJECT# HARP-20-01


AGREEMENT BETWEEN

MOUNT ALLISON UNIVERSITY

AND CONSULTANT APPENDIX “D”



This agreement is made the 1st day of March 2020

by and between:

MOUNT ALLISON UNIVERSITY

65 York Street

Sackville, New Brunswick E4L 1E4

and

....................................................................................................................................................

name

....................................................................................................................................................

address

.............................................................................................................................

Name of Project: Harper Hall Renovation Project (‘Project’)

Location of Project: 149 Main Street Sackville, New Brunswick



ARTICLE 1 GENERAL PROVISIONS 1.1 Definitions

1.1.1 “Addendum” or “Addenda” refers to addenda issued by the Consultant prior to bid closing, and also includes any subsequent addenda that may be incorporated as part of the Contract by mutual agreement of the parties.

1.1.2 “Agreement” shall mean this Agreement between Mount Allison University and Consultant, including all exhibits appended hereto and all other documents incorporated by reference herein, as amended from time to time to form the “Contract Documents”.

1.1.3 The term “As-Builts” shall mean the record copy of the Construction Documents as submitted by the Trade Contractor to the Consultant for review and incorporation into the Consultant’s “Record Drawings” showing actual detail of the project after construction and all changes from the original plan. Consultant will provide final copy of “As-Builts” on USB in PDF.

1.1.4 Bank Rate means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks.

1.1.5 The term “Basic Services” is as defined in 2.2. 1.1.6 The term “Change Order” shall mean a written amendment to the Contract prepared by the

Consultant and signed by the Contractor and Mount Allison University, stating their agreement upon a change (including additional work) in the Work and the method of adjustment or the amount of the adjustment in the Contract

1.1.7 The term “Commissioning Agent” shall mean an entity identified by Mount Allison University who leads, plans, schedules and coordinates the commissioning team to implement the commissioning process.

1.1.8 The term “Commissioning Process” shall mean a quality-focused process for enhancing the delivery of a project. The process focuses upon verifying and documenting that the facility and all of its systems and assemblies are planned, designed, installed, tested, operated and maintained to meet the University’s Project Requirements.

1.1.9 The term “Conceptual Design Phase” is as defined in 2.4. 1.1.10 The Construction Budget is the University’s or Consultant’s estimate of the Construction Cost

including all design contingencies, or if there is no budget an amount agreed to between the University and the Consultant.

1.1.11 Construction Cost is as defined in Article 5.1. 1.1.12 The term “Construction Documents” shall mean the Drawings, Specifications and any other

documents prepared by the Consultant which the Consultant deems necessary to construct the Project.

1.1.13 The term “Contemplated Change Order” shall mean a written instruction to a Contractor, requesting a quotation for a proposed change in the scope of the Work.

1.1.14 The term “Change Request Form – (CRF)” shall mean the form used by the Consultant to request approval for Change Orders.

1.1.15 The term “Construction Administration Phase” is as defined in 2.8. 1.1.16 The term “Construction, Bidding or Negotiation Phase” is as defined in 2.7. 1.1.17 The term “Construction Document Phase” is as defined in 2.6. 1.1.18 The term “Construction Management” shall mean the contracting mode used by Mount Allison

University to construct the Project. Under Construction Management mode of contracting, Mount Allison University will select a Construction Manager (CM). The CM will be responsible, within the limits prescribed in the Contract, to provide both pre-construction and construction services (these services may overlap when portions of the design are being developed concurrently with ongoing construction). Pre-construction services will include attending design meetings, evaluating design drawings for ‘constructability’, using the Construction Documents prepared by the Consultant to solicit bids from Trade Contractors consistent with competitive bidding practices applicable to the



University and using the Trade Contractors to whom such contracts have been awarded to complete the Project within the Contract Time.

1.1.19 The “Construction Manager” is a person or entity who manages and coordinates the construction and who assumes the responsibilities for the general management of the Project and the construction site.

1.1.20 The term “Coordination” shall mean that the construction drawings and specifications shall be consistent and in conformance each part with all other parts.

1.1.21 The “Construction Schedule” shall mean the construction schedule submitted by the Construction Manager and/or Trade Contractor and approved by the Consultant in consultation with the University.

1.1.22 “Consultant” shall mean the Party to this Agreement who is registered, licensed or otherwise authorized to practice in the place of the Project, and is referred to throughout the Agreement as the Consultant, and shall include all of the Consultant’s employees and sub-consultants.

1.1.23 “Contract” shall mean the undertaking by the parties in Agreement to perform their respective duties, responsibilities and obligations.

1.1.24 The term “Design Development Phase” is as defined in 2.5. 1.1.25 “Design Standards” are the University’s standards for the design, renovation and construction of

buildings. 1.1.26 The “Drawings” are the graphic and pictorial portions of the Construction Documents wherever

located in the Construction Documents or in the Supplemental instructions issued from time to time showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

1.1.27 A “Dispute” means a disagreement between Mount Allison University and Consultant arising out of or in connection with the Agreement, or in respect of any defined legal relationship associated with them or derived from them, and includes any failure to reach agreement where an agreement is required.

1.1.28 The term “Estimated Project Construction Cost” or “Project Estimate” shall mean the Consultant’s written estimate in the form specified by Mount Allison University of the Construction Cost of the Project at the various stages of the design.

1.1.29 The term “Measured Drawings” means the drawings prepared by the Consultant in the process of measuring the building for planned renovations or available as an existing document. These are created from onsite measurements.

1.1.30 The Owner is Mount Allison University or its authorized agent or representative. Owner and University may be used interchangeably.

1.1.31 “Owner’s Project Requirements” shall mean a written document that details the functional requirements of a project and the expectations of how it will be used and operated. These include project goals, measurable performance criteria, cost considerations, benchmarks, success criteria, and supporting information.

1.1.32 The “Parties” means the University and the Consultant when referred to together and a Party is either the University or the Consultant.

1.1.33 The term “Pre-Design Phase” is as defined in 2.3. 1.1.34 “Project” shall mean the construction of the Work performed under the Agreement and may include

construction performed by the University or by separate Trade Contractors. 1.1.35 “Project Budget” is the University’s estimated total expenditure for the entire Project. It includes, but is

not limited to, the Construction Budget, professional fees, miscellaneous expenses, furniture and equipment procurement, contingencies and taxes.

1.1.36 The “Project Manager” is the person employed with Mount Allison University assigned to the Project and who has authority to make decisions on behalf of the University.

1.1.37 Project Representations shall mean employees or agents of Mount Allison University appointed pursuant to Article 3.2.

1.1.38 The term “Project Schedule” shall mean the projected schedule prepared by the University showing Project milestones, funding, design review, construction and other deadlines applicable to the Project. The University may make changes to the Project Schedule without increasing the Consultant’s fee.



1.1.39 “Project Site” shall mean that area where the Project is to be constructed. 1.1.40 “Project Team” shall mean Mount Allison University, the Consultant, the Commissioning Agent and

where applicable the Construction Manager. 1.1.41 The term “Record Drawings” shall mean the drawings prepared by the Consultant at the end of the

project reflecting all on-site changes including all addenda, post tender addenda, as-found conditions or any design changes such as site instructions, change orders. The Consultant will provide final copy of “Record Drawings” on USB in DWG and PDF formats.

1.1.42 “Request for Proposals (RFP)” shall mean the Request for Proposals Harper Hall Project - RFP# HARP-20-01.

1.1.43 The Consultant’s “Services” shall mean all efforts, actions, and activities which are required of the Consultant under the Agreement, including those which are not specifically described but which are reasonably necessary to produce the construction documentation required herein, or are otherwise reasonably implied.. The Consultant’s Basic Services are set out in Article 2 and Additional Services are set out in Article 3.

1.1.44 The Specifications are those parts of the Construction Documents, wherever located and whenever issued, consisting of the written requirements and standards for materials, systems, machinery, equipment, apparatus, workmanship and the services necessary for the completion and performance of the Work.

1.1.45 “Substantial Performance” means the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Construction Documents so the Project, or designated portion thereof, can be occupied and used for its intended purpose and is so certified by the Consultant and the University.

1.1.46 “Total Performance” means the stage in the progress of the Work when the Work or designated portion thereof is completed in accordance with the Construction Documents and is so certified by the Consultant and the University.

1.1.47 A Trade Contractor is a person or entity contracting with the University to provide labour, materials or equipment or a combination thereof for the execution of the Project.

1.1.48 Work shall mean all construction required of the Trade Contractor by the construction documents, including all labour, materials and equipment necessary therefore.

1.1.49 The Contract Documents consist of this Agreement - Appendix “D”, Submittal requirements for Capital Projects - Appendix “G”, Schedule of responsibilities for Capital Projects - Appendix “H”, the Request for Qualifications for this Project (RFP# HARP-20-01), Project schedule milestones - Appendix “I”, and any documented representations and statements from the Consultant that led to the Consultant’s selection for and securing of this Project, and the specifications, construction drawings and other such documents developed for this Project by the Consultant and approved by the University before or after execution of the Agreement.

1.1.41.1 If there is a conflict within the Contract Documents the order or priority of documents, from highest to lowest, will be:

(1) The Request for Qualification Documents, Proposal Number HARP-20-01; (2) This Agreement between Mount Allison University and Consultant, Appendix “D”; (3) Submittal Requirements for Capital Projects, Appendix “G”, (4) Schedule of Responsibilities for Capital Projects, Appendix “H”; (5) Project Schedule Milestones, Appendix “I”, (6) All other Contract Documents in reverse order of their creation so that later dated

documents shall govern over earlier documents. 1.2 General Requirements



1.2.1 The University’s exercise of any rights or remedies prescribed in the Contract Documents shall not relieve the Consultant from responsibility for damages or other losses incurred or to be incurred by the University as a result of Consultant’s breach of its obligation under the Contract Documents.

1.2.2 Each Design Phase (Pre-Design, Conceptual, Design Development and Construction Document), portions of which design phases are anticipated to occur concurrently, shall be subject to a separate written authorization to proceed to be issued by the University. Work on a subsequent design phase shall not commence until issuance of the appropriate authorization to proceed. Work on a design phase shall be based on documents, if any, from the prior design phase approved by the University in writing (to the extent that such work is complete), and written directives by the University on the Project Requirements or Construction Budget.



ARTICLE 2 CONSULTANT'S BASIC SERVICES AND RESPONSIBILITIES 2.1 Consultant’s Responsibilities

2.1.1 The Consultant's Services consist of those services performed by the Consultant, the Consultant's employees and the Consultant's Sub-Consultants as specified in this Agreement. The Consultant covenants with the University to use its best effort, skill, judgment and abilities in providing its services under this Agreement, consistent with the standard of care exercised by qualified design professionals having experience with projects of similar scope and nature. The Consultant shall review all laws, including statutes, regulations, codes and by-laws applicable to the design and where necessary review the same with the authorities having jurisdiction in order that all required consents, approvals, licenses, permits and any other authorizations necessary for the Project can be applied for and obtained by the University. 2.1.2 The Consultant's Services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Consultant shall submit for the University's approval a Project Schedules for the performance of the Consultant's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the University's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by the Project and as approved by the University are of the essence of this Agreement and shall not, except for reasonable cause, be exceeded by the Consultant. Before requesting any payment under this Agreement, and as a condition precedent to the enforceability of this Agreement by the Consultant, the Consultant shall have received the University's written acceptance of Consultant's Project Schedule setting out the dates on which the Consultant is to complete the Conceptual Design Phase, Design Development Phase, Construction Documentation Phase, Bidding Phase, and estimated Construction Phase of the project. This schedule shall also set out the dates by which any actions, decisions, or information is required from the University in order to permit the Consultant to perform according to this schedule. 2.1.3 The Consultant is responsible for the quality, technical accuracy, and Coordination of all designs, drawings, specifications, and other services furnished under the Agreement. The University will not undertake a detailed technical review of the work. It is the responsibility of the Consultant, acting in a professional capacity, to ensure the accuracy, completeness and correctness of all design documentation, including the cost estimate, consistent with that degree of care and skill exercised by the Architectural profession. The Consultant acknowledges that the University is relying upon the Consultant's skill and knowledge to prepare Drawings, Specifications and other work product which conform to the applicable standard of care and the laws, rules, regulations and codes applicable to the Project. The Consultant's duties and responsibilities in such regard shall not in any way be diminished by reason of any approval by the University of the Drawings, Specifications or any other work product of the Consultant, nor shall the Consultant be released from any such liability by reason of such approval by the University. 2.1.4 During the pre-design design, concept design, design development, construction document, bidding or negotiation phases, the Consultant will make the necessary site visits to prepare the required project drawings and specifications. During the pre-design, concept design, design development, construction document and bidding or negotiation phases the Consultant will also attend the required project meetings for Consultant and sub-consultants in order to meet the preliminary Project Schedule Milestones attached in Appendix “I”.

2.1.5 Mount Allison University may retain the services of a Construction Manager during the design phase to provide consultation relating to constructability, project delivery, construction scheduling, budgeting, estimating, and value management as set forth in the agreement between Mount Allison University and Construction Manager. A copy of that agreement will be provided to the Consultant upon request. The Consultant shall work cooperatively with the Construction Manager to develop a Project which meets the University’s Budget, Project Requirements, and Schedule. The Consultant’s scheduling of design activities



shall be coordinated with the activities of the Construction Manager. The Consultant shall provide information and review submissions in a timely manner, so as to cause no delay in the Construction Manager’s services. 2.1.6 Mount Allison University will retain the services of a Commissioning Agent during the design phase to provide consultation relating to commissioning as set forth in the agreement between University and Commissioning Agent. A copy of that agreement will be provided to the Consultant upon request. The Consultant shall work cooperatively with the Commissioning Agent to develop a Project which meets the University’s Budget, Project Requirements, and Schedule. The Consultant’s scheduling of design activities shall be coordinated with the activities of the Construction Manager. The Consultant shall provide information and review submissions in a timely manner, so as to cause no delay in the Commissioning Agent’s services.

2.1.7 Mount Allison University may designate specific consultants to be used with respect to certain elements of the Project, including but not limited to a materials and a roofing consultant. The Consultant shall include Owner-designated consultants in its Basic Services, and shall coordinate its design with that of the Owner-designated consultant. The designation of such consultants shall be for the sole purpose of promoting consistency throughout the University’s facilities, and shall not be construed as a transfer or limitation of the Consultant’s duties and responsibilities under the Agreement. The University does not warrant or guarantee the performance of the Owner-designated consultants, and the Consultant shall not be relieved of its obligations under the Agreement. 2.1.8 The Consultant hereby represents to the University that the Consultant is financially solvent and possesses sufficient experience, licenses, authority, personnel and working capital to complete the services required hereunder; and that the Consultant has visited the site for the Project and thoroughly familiarized itself with the local conditions under which the Project is to proceed and the Consultant shall correlate its observations of same with the requirements of this Agreement and the Construction Documents. 2.1.9 All Sub-Consultants required by the Consultant to provide a complete project design shall be provided by the Consultant as Basic Services, unless specifically stated otherwise in this Agreement. The Consultant's employees, its Sub-Consultants and their respective areas of responsibility are to be listed in Appendix “E”, attached hereto, and shall constitute the Consultant's Design Team with respect to the Project. Mount Allison University and the Consultant shall have the right to make mutually agreeable changes to the Design Team which are believed to be in the best interest of the Project, although no change in the Design Team will be made by the Consultant without the prior written consent of the University. In the event that any member of the Design Team fails to provide or perform services in a satisfactory manner and as required by the terms of this Agreement, the Consultant shall, upon written request of the University, promptly replace such member of the Design Team with another member acceptable to the University. Mount Allison University shall not, however, be deemed to have any obligation to the Consultant's employees or Sub-Consultants under a direct contract, third party beneficiary or any other theory and the University shall not be obligated to pay or be liable for the non-payment of fees, costs and expenses of such employees or Sub-Consultants, as such fees, costs and expenses are the sole obligation of the Consultant. 2.1.10 The Consultant shall prepare and submit clear and detailed meeting minutes within three (3) working days following any design meeting held with respect to the Project.

2.1.11 In order to provide uniformity in documents, the project Consultant will provide specifications in the Construction Specification Institute format. 2.1.12 In some cases where approved by the University, the Consultant may specify in the Construction Documents that the Trade Contractor is responsible for incidental design of specific items impacted by site conditions, such as flashing details, roof penetrations, etc. The Consultant will present the University with a list of all proposed incidental design items for approval.



2.2 Consultant’s Basic Services

2.2.1 The Consultant's Basic Services consist of those described in Article 2 and any other services specifically designated as Basic Services in other Articles of this Agreement. The Consultant's Basic Services encompass all design disciplines necessary to provide the facility and, unless otherwise specifically stated in this Agreement, include but are not necessarily be limited to, the following: Architectural Design Structural Engineering Mechanical Engineering Electrical Engineering Civil Engineering Interior Design Services Communications/Data Wiring Cost Consultant Code Consultant – Bartlett Engineering Ltd. Accessibility Compliance/Universal Design Green Globes Review Materials Consultant – PJ Materials Consultant Roofing Consultant – Tremco Representative Landscape Design 2.2.2 The Consultant will visit the Project site and will be responsible to document existing conditions of the areas of the site and/or buildings to be affected by the Project. When available, existing original as-built and/or record drawings and any other information pertinent to the Project will be assembled for use during the Project with the assistance of the University who shall be responsible for making the Consultant aware of the availability of such pertinent information, but the University does not guarantee the accuracy or reliability of such information. 2.2.3 The Consultant shall review all documentation furnished by the University, and determine whether such data are sufficient for purposes of design or whether additional data are needed and, if so, recommend the manner in which it be provided and needed services be obtained.

2.2.4 The Proponent shall coordinate the services of the Consultant and its sub-consultants, and shall review and check all drawings, specifications and documents related to the design of the Project, and shall make modifications as necessary, to ensure that they are integrated into a complete and coordinated set of documents prior to each submission. 2.2.5 The Consultant shall prepare Construction Documents in compliance with applicable laws, codes, rules, regulations, ordinances, and standards including, without limitation, those listed in this agreement or the attached documents.

2.2.6 Review, approval or acceptance of Consultant’s work whether by the University or others and whether during Preliminary Concept Design Phase, Concept Design Phase, Design Development Phase, Construction Document Phase, Bidding Phase, Construction Phase, Warrantee Phase or otherwise, shall not relieve the Consultant from full responsibility for any errors and omissions in Design, including any errors and omissions that the University knew of or ought to have known.



2.3 Pre-Design Phase

2.3.1 The consultant shall provide a comprehensive building condition report to investigate the viability of renovating the building. The report will include but not be limited to structural, architectural, mechanical, electrical, code compliance, and spatial recommendations.

2.3.2 The Consultant, in consultation with Facilities Management and Housing, the proposed building occupants, shall develop a functional program review for Harper Hall and evaluate the preliminary Owner’s Project Requirements with the University to determine the Project.

The functional program shall include:

The definition of the users and the purpose of the users The functions and programs The assigned square feet allocations within the facility Any special factors

Depending on the project, comparison tables of MPHEC and COU space standards may be required to compare the proposed facility with program requirements of similar sized universities in Canada. Programming includes cataloging the spaces and equipment needed, and functional relationships. Final document will include Program Legend, Room Data Sheets, basic floor plans and comparison tables

At the completion of the Pre-Design Phase, the Consultant shall prepare for the Owner preliminary floor plans, exterior elevations, basic concept review and project budget estimate. Project budget estimates shall be developed in consultation with Facilities Management to ensure all parts of the proposed project are included in final estimate. Final deliverables may include 3-D drawings, 3-D fly-over and building model for fundraising purposes.

2.4 Conceptual Design Phase

2.4.1 The Consultant shall develop a Project Cost Estimate for review and approval by the University, which shall include a preliminary estimate of Construction Cost appropriate to this phase of Project development, along with a preliminary estimate of other Project costs then identifiable. The Consultant shall also report to the University whether the Project Cost Estimate is consistent with any preliminary budget established by the University for the Project, compatible with the Project Requirements and Project Schedule and feasible as to special requirements, relationships, equipment, systems and site characteristics. The Consultant shall indicate the impact of any revision to the Project Requirements in an updated Project Cost Estimate and Project Schedule for review by the University. The Consultant and Mount Allison University shall jointly review the current approved Project Requirements, Project Cost Estimate and Project Schedule and shall arrive at a mutual understanding of the appropriate scope of the work before proceeding with Conceptual design. The Project Requirements, and any amendments thereto as approved by the University, shall establish the criteria and parameters for the Project and shall be the guide against which Conceptual Design, Design Development, Construction Documents and subsequent modifications as developed, will be measured. 2.4.2 The Consultant shall review with the University, and where applicable, the Construction Manager, alternative approaches to design and construction of the Project. 2.4.3 Based on the mutually agreed-upon Project Requirements, Project Cost Estimate and Project Schedule, the Consultant shall prepare, for approval by the University, Conceptual Design Documents, consisting of drawings and other documents as per requirements described in Appendix “G”, illustrating the



scale and relationship of the Project components. Project budget estimates shall be developed in consultation with Facilities Management to ensure all parts of the proposed project are included in final estimate.

2.4.4 At the completion of the Conceptual Phase, the Consultant shall submit to the University for approval a set of Conceptual Design Documents and an estimate of Construction Costs appropriate to this phase of Project development, along with a preliminary estimate of other Project costs for the University's review and approval prior to proceeding into the next phase of service. The Consultant shall recommend adjustments, as necessary, to the scope of the Project in order to fit the Project Cost. 2.4.5 During Conceptual Design and Design Development, the Consultant shall furnish to the University electronic CAD files of floor plans with square footage calculations of each space for use in programming analysis.

2.5 Design Development Phase

2.5.1 Based on the approved Conceptual Design Documents and any adjustments authorized by Mount Allison University in the Project Requirements, Project Schedule or Project Cost Estimate, the Consultant shall prepare for approval by the University, Design Development Documents as required by Appendix “G” consisting of drawings and other documents to fix and describe the size and character of the Project including the architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate. 2.5.2 The Consultant shall advise the University of any adjustments to the preliminary estimate of Construction Cost. 2.5.3 The Consultant shall submit to the University a Progress Set at 70% completion and a final set of Design Development Documents at 100% completion along with an updated estimate of Construction Costs appropriate to this phase of project development and updated estimates of any other project costs. The Consultant shall also provide an updated Project Schedule for the University's review and approval prior to proceeding into the next phase of service. The Consultant shall recommend adjustments, as necessary, to the scope of the project in order to fit the approved Project Cost.

2.6 Construction Document Phase

2.6.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project Cost Estimate authorized by the University, the Consultant shall prepare for approval by Mount Allison University, Construction Documents as required in Appendix “G” consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.6.2 Prior to the final submission of the Construction Documents, the Consultant shall perform a structured quality control review of all drawings and specifications. The review shall check for technical accuracy, Coordination of work within each discipline, Coordination of work among disciplines, Coordination of the Drawings and Specifications and verification with existing conditions.

2.6.3 Upon completing the 100% Construction Documents, Consultant shall submit to the University a letter of assurance attesting that the documents are complete and ready to bid.

2.6.4 The Consultant shall assist the University and/or Construction Manager in connection with the University's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. Mount Allison University will be responsible for reimbursing the Consultant for all filing fees.



2.6.5 The Consultant shall submit to the University a Progress Set of Construction Documents at 70% completion and a Progress Set of Construction Documents at 95% completion, along with estimates of Construction Costs appropriate to this phase of project development including any changes as a result of general market conditions and updated estimates of other project costs indicated in the Project Requirements. The Consultant shall recommend adjustments, as necessary, to the scope of the Project in order to fit the Project Requirements. The Consultant's Final Construction Documents submitted to the University for review and approval shall be 100% complete and in a form appropriate for the bidding and award of contracts for construction in accordance with the bidding requirements applicable to the University. The Consultant shall also provide an updated Project Estimate for the University's review and approval before proceeding to the next phase of service. 2.6.6 Where the Interior Designer is employed by, and reporting directly to the Consultant, the Consultant shall:

(1) Submit to Mount Allison University at the earliest convenience a preliminary colour board. The board shall contain samples of proposed interior and exterior finishes such as: floor covering, wall covering, paint, door and window trim, ceiling material, laminates, shingles, louver colours, electrical outlet covers, sensors, hardware finishes, etc. (2) Submit to the University a final colour board prior to submission of the 95% Construction Documents. The board will contain samples of all proposed interior and exterior finishes. (3) Within one month of the Date of Substantial Performance, provide the University with two sets of interior finish binders that include actual samples and product identification data of all interior finishes installed in the Project.

2.7 Construction Bidding or Negotiating Phase

2.7.1 The Consultant, following the University's approval of the Construction Documents and of the latest estimate of Construction Cost, shall assist the Construction Manager and the University in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. During the bidding process, the Consultant shall specifically:

(1) Assist the University in preparing and/or compiling the necessary invitations and notices, other bidding forms, the conditions of the contracts and the form of agreement between the University and the Trade Contractor; (2) Respond to questions from bidders and issue necessary and appropriate addenda; (3) Make recommendations as the qualification and experience criteria for bidders to be included in the bidding requirements for selected portions of the Work; (4) Attend pre-bid conferences to familiarize bidders with the bidding documents, the phasing, sequencing and interfacing of the Work and any special systems, materials or methods to be employed on the Project; (5) Analyze all bids submitted; and (6) Make recommendations to the University as to the rejection of bids or award of contracts.

2.7.2 The Consultant shall, within one month after the construction contract is awarded, provide the University with one set of electronic CAD files representing every sheet in the bid documents. Each sheet is to have its own unique file and comply with the current University CAD Standards. Final payment to the Consultant for services rendered during the bidding phase is contingent upon the University’s acceptance of these documents. Mount Allison University is in the process of developing CAD Standards. It is the Consultant’s responsibility to confirm the CAD Standard requirements with the University. 2.7.3 If the lowest responsive total bid received exceeds the Construction budget by more than ten percent (15%), Mount Allison University may, at its discretion; (1) Authorize rebidding of the bid-package within a reasonable period of time; or



(2) Require the Consultant, at the Consultant’s expense, to modify the Project design and the Construction Documents in order to reduce the Estimated Project Construction Cost to a level that falls within the Construction Budget. Modifications proposed by the Consultant shall require approval by the University prior to incorporation into the revised documents.

2.8 Construction Administration Phase

2.8.1 The Consultant's responsibility to provide Basic Services for the construction phase under this Agreement commences with the award of the Contract for Construction and terminates sixty days after issuance of all required Total Performance Certificates for the Project. 2.8.2 The Consultant shall provide administration of the Contract for construction as amended by the University's Supplementary General Conditions and other documents included or incorporated into the Construction Contract. The Consultant's administration of the Contract for construction as set forth in this Agreement shall be provided to further the interests of Mount Allison University and shall in no manner excuse, relieve or discharge the obligations which the Trade Contractor or other parties performing the Work owe to the University, nor shall any acts or omissions of the Consultant be deemed an acceptance by the University of Trade Contractor's Work which is incomplete, defective or otherwise not in conformance with the Construction Documents. 2.8.3 The duties, responsibilities and authority of the Consultant shall not be modified without the written agreement of Mount Allison University and the Consultant. 2.8.4 The Consultant shall be a representative of and shall advise and consult with the University during construction until final payment to the Trade Contractor is due. However, the Consultant shall have authority to act on behalf of the University only to the extent provided in this Agreement unless otherwise modified in writing. 2.8.5 The licensed engineers and architect of record shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the University and Consultant in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Construction Documents. The Consultant shall keep the University informed of the progress and quality of the Work, and shall endeavor to guard Mount Allison University against defects and deficiencies in the Work. The Consultant will visit the site bi-weekly during the construction phase for the duration of the project to attend site meetings with the Construction Manager and all Trade Contractors and the Owner’s meetings to review construction progress meetings with the Construction Manager. The meetings will be chaired by the Construction Manager and/or Trade Contractor who will record, prepare and distribute meeting minutes to the participants. Additionally, the Consultant will visit the site on an as needed basis to attend Coordination meetings, review compliance with construction documents or answer questions related to Requests for Information (RFI's), Consultant's Site Instructions (SI's) and/or Contemplated Change Orders (CCO's). The Consultant shall organize site visits for its various sub-consultants as necessary to the progress of the Project or as requested by the University. These reviews shall be separate from any inspections which may be provided by the University. The University’s provision of inspection services, if any, shall not relieve the Consultant of its responsibilities under this Agreement. The Consultant shall maintain, and submit on a monthly basis, accurate records of all observations, directions or decisions made or given at or as a result of such site visits and meetings and shall record the time, duration of and persons in attendance at such visits or meetings. 2.8.6 The Consultant shall not have control over or charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Trade Contractor's responsibility under the contract for construction. The Consultant shall not be responsible for the Trade Contractor's schedules or failure to carry out the Work



in accordance with the Construction Documents. The Consultant shall not have control over or charge of acts or omissions of the Trade Contractor, sub contractors, or their agents or employees, or of any other persons performing portions of the Work. However, if the Consultant knows that a Trade Contractor is not performing its work in a proper and timely manner the Consultant shall immediately advise Mount Allison University and if applicable, the Construction Manager, in writing, and shall demand on behalf of the University that appropriate remedial steps be immediately taken. 2.8.7 The Consultant shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Except as may otherwise be provided in the contract with the Trade Contractor or when direct communications have been specifically authorized, the University/Consultant and Trade Contractor shall communicate through the Construction Manager. Communications by and with the Consultant's sub-consultants shall be through the Consultant. 2.8.9 Based on the Consultant's observations and evaluations of the Trade Contractor's applications for payment, the Consultant shall review and certify the amounts payable to the Trade Contractor. 2.8.10 The Consultant's certification for payment shall constitute a representation to the University, based on the Consultant's observations at the site as provided in Article 2.8.5 and on the data comprising the Trade Contractor's application for payment, that, to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Construction Documents. The issuance of a Certificate for Payment shall further constitute a representation that the Trade Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Consultant has;

(1) Made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) Reviewed construction means, methods, techniques, sequences or procedures, (3) Verified requisitions received from Trade Contractors and material suppliers and other data requested by the University to substantiate the Trade Contractor's right to payment; (4) Ascertained how or for what purpose the Trade Contractor has used money previously paid on account of its Contract; (5) In any way assumed the Trade-Contractor’s obligation to perform its work to the appropriate standard.

2.8.11 The Consultant shall recommend in writing rejection of defective Work and Work that does not conform to any of the following: Construction Documents; Consultant’s or Construction Manager’s directives; applicable code requirements; approved shop drawings; product data and samples; or clarification drawings. Such rejection will be transmitted to the University and Construction Manager in writing for communication to Trade Contractor. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the Contract Documents, the Consultant will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Trade Contractor, sub-contractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. The Consultant will provide Mount Allison University with prior written notice before requiring additional inspection or testing. 2.8.12 The Consultant shall review and approve or take other appropriate action upon Trade Contractor's submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay to the Project or in the Work of the Trade Contractor, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the



accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems designed by the Trade Contractor, all of which remain the responsibility of the Trade Contractor to the extent required by the Construction Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the Consultant shall be entitled to rely upon qualified professional certifications to establish that the materials, systems or equipment will meet the performance criteria required by the Construction Documents. 2.8.13 The Consultant shall prepare site instructions, contemplated change orders or change orders, with necessary plans, specifications and other supporting documentation and data in accordance with the Contract Documents. The Consultant may authorize minor changes in the Work not involving an adjustment in the contract sum or an extension of the contract time which are inconsistent with the intent of the Construction Documents. The Consultant shall also review, evaluate and report to the University as to changes recommended by the Construction Manager or Trade Contractor or both and price proposals/quotations submitted by the Trade Contractor as to proposed changes under consideration. 2.8.14 Interpretations and decisions by the Consultant shall be consistent with the intent of and reasonably inferable from the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Consultant shall endeavor to secure faithful performance by both the University and Trade Contractor and shall not show partiality to either.

2.8.15 The Consultant shall render written decisions within ten (10) working days on all claims, disputes or other matters in question between the University, Construction Manager and/or Trade Contractor, relating to the execution or progress of the Work as provided in the Construction Documents. 2.8.16 The Consultant's decisions on claims, disputes or other matters, including those in question between the University and Trade Contractor, shall be subject to the dispute resolution process as provided for in this Agreement and in the Construction Documents. 2.8.17 The Consultant shall prepare/provide services in connection with evaluating substitutions proposed by the Trade Contractor to the extent such substitutions are permitted by the construction documents. 2.8.18 The Consultant shall prepare/provide assistance in the initial utilization of equipment or systems such as testing, adjusting and balancing; preparation or delivery or both of operation and maintenance manuals; training of personnel for operation and maintenance; and consultation during operation. Included as a part of the foregoing, shall be services related to initial start-up of equipment and orientation of the University's staff (i.e. a start-up/orientation session). This applies to each major component of the Project. 2.8.19 Errors, omissions or deficiencies in the Consultant's performance shall be corrected or revised by the Consultant at no additional cost to the University. Additionally, design error, omissions or deficiencies resulting in damages or extra cost to the University will be evaluated for potential Consultant responsibility. Consultant will be required to submit a “Change Request Form” (CRF) for each CO. If the University determines that the Consultant is financially responsible for a design deficiency, the Consultant will be advised upon review of all approved CO’s at the completion of the project. For expediency, and at the University's request, the Consultant can negotiate directly with the Construction Manager and/r Trade Contractor in the interests of minimizing the cost impact to the Project of such deficiencies. The Consultant will review the results of these efforts with the University. If not satisfied with the result of the negotiation, the University reserves the right to pursue a claim against the Consultant under Article 7, Dispute Resolution.



2.8.20 When poor performance by the Consultant results in the need for a re-submission of design documents, the Consultant may be required to send representatives to Mount Allison University to discuss the problems and to correct deficiencies at no additional cost to the University. 2.8.21 The Consultant shall conduct inspections to determine the date(s) of Substantial Performance and the date(s) of Total Performance. When required, the Consultant or the Construction Manager shall issue a “Certificate of Substantial Performance” and where applicable, shall receive and forward to the University, for his review and records, written warranties and related documents required by the Construction Documents and assembled by the Trade Contractor. Upon confirmation by the Construction Manager and or Trade Contractor that all deficiency items have been addressed, the Consultant will re-inspect the Project and perform a “Total Performance” inspection. The Consultant shall issue a “Certificate of Total Performance” upon full compliance with the requirements of the Construction Documents.

2.8.22 All University, Consultant and Construction Manager costs for travel and man-hours for additional inspections which are required either by failure of the Trade Contractor to complete the noted deficiency list items, or by erroneous notices that the Work is ready for such inspections, will be the responsibility of the Trade Contractor. Such costs will be deducted from the Contract amount in the form of a change order, provided the University and Trade Contractor are advised of these costs in writing within three business days of the failed inspection. 2.8.23 Prior to the date of Substantial Performance, the Consultant in consultation with the Construction Manager, shall submit to the University: (1) a comprehensive list of the required maintenance materials quantities to be supplied by the Trade Contractor and/or Supplier, and (2) a summary of all warranties which shall include, individual building components, and all moveable and/or fixed equipment. The summary will include the name, address and telephone number of each firm warranting specific items. The time period covered by the warranty will also be listed.

2.9 Record Documents

2.9.1 Any revisions or changes that have been made during construction shall be incorporated in the Record Drawings to show the As-Built condition of the Project. The Record Documents shall include the Construction Documents, Contractor prepared shop, design, and layout drawings. The Record Drawings shall include all revisions and changes made during construction both as issued by the Consultant and as recorded by the Contractor during the course of the Project. Merely supplementing the Contract Drawings with Change Orders and Field Directive documents stamped “AS-BUILT” is not acceptable. All changes must be transferred to the original drawings, including the revision of the CAD digital files for the Drawings, to reflect a true “As-Built” condition. The revised digital files and plots shall be labeled “RECORD DRAWING” with the appropriate date. Each sheet is to have its own unique file and comply with the current University CAD standards. The final Record Drawings shall be submitted to the University within 60 Days after issuance of Total Performance Certificate(s). As part of the Deliverables, the Consultant shall provide Mount Allison University with the following FILES: (1) one only set of electronic CAD files, Original ”ISSUED FOR TENDER SET” (2) one only set of electronic CAD files, Original ”ISSUED FOR CONSTRUCTION SET”(Where Issued) (3) one only set of electronic CAD files, Final ”RECORD DRAWINGS” (4) one only set of electronic PDF files, Original ”ISSUED FOR TENDER SET” (5) one only set of electronic PDF files, Original ”ISSUED FOR CONSTRUCTION SET”(Where Issued) (6) one only set of electronic PDF files, Final ”RECORD DRAWINGS” (7) one only set of electronic PDF files and one only set of original Word Files of All Spec Sections,

Addenda’s, SI’s, CCO’s and CO’s or other relevant documents as issued to the Trade Contractor (8) two only full size printed sets of Final “RECORD DRAWINGS”, and



(9) PDF Files on USB of original marked-up “As-Built” paper copies as prepared by the Construction Manager and/or General Contractor in conjunction with the applicable Trade Contractors.

2.10 Warranty Phase

2.10.1 Approximately two months prior to the end of the one year warranty period the Consultant shall, in consultation with Mount Allison University, and if applicable the Construction Manager and or Trade Contractor, visit the site and perform a "warranty" inspection. The Consultant will furnish the University and when applicable the Construction Manager and/or Trade Contractor with a detailed list of all items requiring correction. Upon confirmation by the Construction Manager and/or Trade Contractor that all warranty items have been addressed, the Consultant will re-inspect the Project and perform a “warranty” re-inspection. All University, Consultant and Construction Manager costs for travel and man-hours for additional inspections at either of these completion stages which are required either by failure of the Trade Contractor and/or Sub-Trade Contractor to complete the noted deficiency list items, or by erroneous notices that the Work is ready for such inspections, will be the responsibility of the Trade Contractor. Such costs will be deducted from the Contract amount in the form of a change order, provided the University and Trade Contractor are advised of these costs in writing within three days of the failed warranty inspection. When the Consultant is satisfied that all deficiencies have been rectified and the Work is complete, the Consultant shall arrange for the execution of Total Performance Certificate.



ARTICLE 3 ADDITIONAL SERVICES 3.1 General

3.1.1 The services identified in this Article are in addition to the Basic Services to be provided by the Consultant and are only to be provided by the Consultant and paid for by the University if: (1) The Consultant gives prior written notice to the University of the need for the Additional Services and the estimated cost thereof; and 2) The University, in writing, authorizes and directs that the Additional Services be provided and agrees to the amount to be paid for such Additional Services. Failure of the Consultant to provide the prior written notice and to obtain the University's prior written approval for the provision of and payment for such Additional Services shall constitute a waiver of any claim by the Consultant to be paid for such Additional Services.

3.2 Project Representation Beyond Basic Services

3.2.1 If more extensive representation at the site than is described in Article 2.8.5 is required, the Consultant shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Consultant, and the Consultant shall be compensated therefore as agreed by the University and Consultant. 3.2.3 Through the observations by such Project Representatives, the Consultant shall endeavor to provide further protection for the University against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Consultant as described elsewhere in this Agreement.

3.3 Other Additional Services

Additional Services include the following: 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: (1) Inconsistent with approvals or instructions previously given by the University, including revisions made necessary by adjustments in the University's Project Requirements or Project Budget; (2) Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or (3) Due to changes required as a result of the University's failure to render decisions in a timely manner.

3.3.2 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, or complexity of the Project; in, the Project Schedule; or in the method of bidding, negotiating and contracting for construction, unless such changes are required due to acts or omissions of the Consultant. 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause not attributable to the Consultant’s default during construction, and furnishing services required in connection with the replacement of such Work.



3.3.4 Providing services made necessary by the default of the Trade Contractor, by major defects or deficiencies in the Work of the Trade Contractor, or by failure of performance of either the University or Trade Contractor under the contract for construction.

3.3.5 Providing analyses of the University's change in the Project Requirements. 3.3.6 Providing financial feasibility or other studies not identified in the Basic Services. 3.3.7 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.3.8 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project not identified in the Basic Services. 3.3.9 Providing services relative to future facilities, systems and equipment. 3.3.10 Providing detailed quantity surveys or inventories of material, equipment and labour. 3.3.11 Providing analyses of owning and operating costs. 3.3.12 Interior Design Services for loose furniture and furniture selection, furniture finishes selection, answering vendors' questions, supervising installation, and training University staff in furniture operation and maintenance. 3.3.13 Providing services for planning tenant or rental spaces. 3.3.14 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities, except when the request involves remodeling of or renovation to said existing facilities. 3.3.15 Providing services after the completion of the Construction Phase as defined by Articles 2.9 and 2.10 3.3.16 Providing any other services not otherwise included in this Agreement as Basic Services.



ARTICLE 4 MOUNT ALLISON UNIVERSITY'S RIGHTS, RESPONSIBILITIES AND LIMITATIONS 4.1 Administration

4.1.1 Prior to bidding Mount Allison University shall designate a Project Manager, who is authorized to act on the University's behalf with respect to the Project. The Project Manager shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. The Consultant shall accept directives only from the Project Manager and not from other University employees.

4.2 Provision of information, surveys and reports

4.2.1 The University shall provide full information regarding requirements for the Project, including the University's preliminary objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2.2 If so requested by the Consultant and required by the circumstances, the University shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures, adjacent drainage, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site, locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees, and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths, manhole and vault interior dimensions, pipe size, pipe material, electrical ductbank configuration, telecommunications ductbank configuration (and a designation of fiber optic and/or copper conductors), meter pits, valves, hydrants, light poles, transformers, power poles, and ownership of each utility. 4.2.3 If requested by the Consultant and required by the circumstances, the University shall furnish the services of geotechnical engineers. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.2.4 Mount Allison University shall where applicable, furnish chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.2.5 The University shall furnish all legal, accounting and insurance analysis services as may be necessary at any time for the Project, including auditing services the University may require to verify the Trade Contractor's applications for payment or to ascertain how or for what purposes the Trade Contractor has used the money paid by or on behalf of the University. 4.2.6 The services, information, surveys and reports required by Articles 4.2.1 through 4.2.5 shall be furnished at the University's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. However, if the Consultant observes or becomes aware of any fault or defect in the services, information, surveys and reports furnished by the University or its consultants, the Consultant shall give notice thereof to the University. Should the Consultant fail to notify the University of any such failure or defect known to him the Consultant shall be responsible for all costs associated with remedying the fault or default.



4.2.7 Mount Allison University shall assist the Consultant in establishing, updating and reviewing the Project Budget and the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.3 Notice of Default

4.3.1 Notice shall be given by the University to the Consultant if the University becomes aware of any fault or defect in the Project or nonconformance with the Construction Documents. This obligation, however, arises only if the University obtains actual knowledge of a fault or defect in the Project or non-conformance with the Construction Documents. The University is not obligated to the Consultant, the Trade Contractors or other third parties to specifically review the design and the Work or both for the purpose of identifying or discovering any fault, defect or non-compliance of the work.

4.4 Certificates

4.4.1 The proposed language of certificates or certifications requested of the Consultant or sub-consultants shall be submitted to the Consultant for review and approval at least 14 days prior to execution. The University shall not request certifications that would require knowledge or services beyond the scope of this Agreement.



ARTICLE 5 CONSTRUCTION COST 5.1 The Construction Budget is the University's estimated construction cost including any design contingencies. The Consultant shall submit a written evaluation of the Construction Budget as it relates to the Project Requirements and Schedule. Evaluation of the Construction Budget represents the Consultant’s opinion as a design professional familiar with the construction industry. The Construction Budget may be changed only by written notice from the University. The Consultant shall express any concerns to a change in the Construction Budget within (10) days from receipt of such notice after which the University may, in its sole discretion, issue a revised Construction Budget. 5.2 For the purpose of percentage based fee calculation, Construction Cost is the contract prices of all Project elements designed or specified by, or on behalf of, or as a result of the Coordination of the Consultant, including change orders, and rebated HST at 11.65%. The Construction Cost does not include any other costs, including the compensation of the Consultant or any specialty Consultants, reimbursable expenses for Consultant or any Construction Manager costs, costs associated with any required testing, or the land cost. 5.3 Where there is no contract price for all or part of the Project, the Construction Cost shall be the mutually agreed upon estimated cost of construction including rebated HST at 11.65%. This estimate will be revised at the end of the Conceptual Design Phase, at the end of the Design Development Phase, at the end of the Construction Documents Phase and at the end of the Bidding or Negotiations Phase. 5.4.1 In the event that the University furnishes labour or material below market cost or old materials are re-used, the Construction Cost for purposes of establishing the Consultant's fee is the cost of all materials and labour necessary to complete the Project as if all materials had been new, and as if all labour had been paid for at market prices at the time of construction; or, in the event that the construction does not proceed, at existing market prices at the anticipated time of construction. 5.4.2 Notwithstanding Article 5.4.1, if old materials are being reused the cost of those materials shall only be used in the calculation of the Consultant’s fee if the material necessitates significant work by the Consultant to make the material fit for incorporation into the Project. 5.4.3 Notwithstanding Article 5.4.1 and subject to Article 5.4.2, if the old materials are being reused to retain special features either of the materials themselves or the former building, the cost of these materials and any associated specialty labour will be calculated without taking into account those special features. 5.5 If the Parties are unable to agree to the amount of the cost of construction or labour, material or market rates as set out in this Article, such cost or rate shall be as set by an independent consultant retained by the University, in its sole discretion. 5.6 The End-of-Phase Estimates of Construction Cost provided by the Consultant shall be prepared by experienced and qualified estimators. The University reserves the right to review the qualifications of the Consultant’s personnel who may be preparing estimates, and to require the Consultant to hire a qualified professional estimator. The Consultant shall review each estimate prepared by the Consultant’s independent estimator, if any, and shall work cooperatively with the University or its independent estimator to reconcile areas of difference. The reconciled Construction Cost estimate will establish the basis for proceeding with the design of the next phase, or redesign to keep the Project within budget. 5.7 Responsibility for Construction Cost Cost Limitations

5.7.1 A fixed limit of Construction Cost may be established by the University in writing, as a condition of this Agreement. In establishing such a fixed limit the University shall include appropriate contingencies for design, bidding and price escalation. Alternates approved by the University may be included in the



Construction Documents to adjust the scope of work to the fixed limit of Construction Cost. Services in connection with revisions and inclusions of alternate bids as recommended for cost control purposes shall be part of Basic Services. Accordingly it shall be a condition of this Agreement that the Consultant shall conform his plans to a design, the Construction Cost of which shall not exceed the Construction Budget.

5.7.2 If at the end of any design phase, the detailed Construction Cost Estimate, is greater than the University’s Construction Budget; or if the lowest valid bid or negotiated proposal received exceeds, by 15% or more, the fixed limit of Construction Cost established by the University or the estimate of Construction Cost presented by the Consultant and approved by the University at the end of the Construction Documents Phase, then the University retains the right to initiate one of the following remedies: (1) Direct the Consultant to revise the drawings and specifications in a manner acceptable to the University in order to simplify the design, or to reduce or modify the quality or quantity, or both, of the work so that the total Construction Cost will not exceed the Construction Budget; (2) Give written approval of an increase in Construction Cost and proceed with construction; (3) Authorize re-bidding or authorize the Consultant to renegotiate the Project within a reasonable time and amend documents as necessary; (4) Abandon the Project and terminate in accordance with Article 8.3; (5) Pursue other options as may be determined by the University after consultation with the Consultant.

5.7.3 If Mount Allison University elects option (1), (2) or (3) above, services required of the Consultant shall be provided without further compensation.

5.7.4 If the bidding or negotiation phase has not commenced within ninety (90) days after the Consultant submits the Construction Documents to the University, any Project Budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the University and the date on which proposals are sought. If there is a material change in Construction Costs after the ninety (90) day period, and exceeding the ninety (90) day period is through no fault of the Consultant, then the Consultant reserves the right to request Additional Services for redesign if the lowest subsequent bid exceeds the new estimated Construction Cost.



ARTICLE 6 DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 Ownership of Documents

6.1.1 Upon payment to the Consultant as provided in this Agreement, the Consultant hereby assigns to Mount Allison University all right, title and interest, including all copyrights, copyright registrations, copyright applications, renewals, extensions and all other proprietary or ownership rights, in all drawings, specifications and other documents created by the Consultant, in whole or in part, or hereafter to be created by the Consultant in connection with the project, including, but not limited to, all works based upon, derived from, or incorporating the drawings, specifications and other documents created by the Consultant in connection with the project. All drawings, specifications, and other documents submitted by the Consultant shall be the property of the University, who may use them for the completion of this Project or for reference with respect to any future alteration or expansion, all without permission from or further compensation to the Consultant. Mount Allison University has the right to alter or destroy any or all portions of the Project at its sole discretion and without the Consultant’s consent. The Consultant waives any and all moral rights in all drawings, specification and other documents created by the Consultant, in whole or in part, in connection with the Project. The University will indemnify and hold the Consultant harmless from and against liability, damage and loss arising from the University’s improper use of or modification of the Consultant’s work product without Consultant’s prior knowledge and written consent.

6.2 Copyright and infringement

6.1.2 The design of the Project shall not result in patent, trademark, or copyright infringement and the Consultant shall indemnify and hold the University harmless from and against such infringement.

6.3 Termination, Suspension or Abandonment

6.1.3 In the event of termination, suspension, abandonment or completion of the Project, the Consultant shall deliver to the University within seven (7) days all drawings, specifications and other documents created by the Consultant in connection with the Project and not previously delivered to the University during the course of the Project.

6.1.4 The University retains the right to utilize documents prepared under this Agreement regardless of whether the Agreement is terminated or the Project is suspended or abandoned. This right allows the University to use these documents in the future for the same project, a modified version of it, or for one that is similar.

6.4 Design Standards

6.4.1 Mount Allison University is in the process of developing Design Standards. The Consultant shall design the Project to comply with the University’s Design Standards in effect at the time of design. The Consultant will thoroughly review the Design Standards and identify anything therein which is inconsistent with the University’s Project Requirements. If the Consultant judges an aspect of the Design Standards to be in conflict with a Project Requirements, or to be otherwise detrimental to the Project, the Consultant shall request and abide by the written direction from the University. If the Consultant deviates from the Design Standards without specific written consent from the University to do so, the University may instruct the Consultant to modify the design documents as necessary, without additional compensation, to comply with the Design Standards. The Consultant shall have the continuing duty to review the Design Standards against the Project design as it advances, and to immediately advise the University of any concerns, problems or conflicts presented by the Consultant’s compliance with the Design Standards. However, the use of these standards does not eliminate or lessen the Consultants professional liability for the Project. The standards are



meant as a guideline. In no case should the Consultant violate applicable codes, regulations, or good building practices.

6.4.2 The Consultant will be permitted to use its office standard for the preparation of the Construction Documents, provided that it allows for the Consultant’s timely generation of the Record Documents identified in 2.9 without any additional cost to the University and provided it does not conflict with the Design Standard. The Construction Documents shall be complete, coordinated, and in compliance with all applicable codes at the time they are turned over to the University. If, during the course of bidding or construction, an inadequacy, error or omission becomes apparent, the Consultant shall correct such deficiency in the documents at no cost to the University. Also, such correction shall be expedited so as to cause no delay to the Project.



ARTICLE 7 Dispute Resolution 7.1 The Parties shall make all reasonable efforts to resolve a Dispute by amicable negotiations and agree to provide, on a without prejudice basis, full and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 7.2 If the Parties have been unable to resolve a Dispute, either Party may, by written notice, require the appointment of a mediator in accordance with the latest edition of the CCDC 40, “Rules for Mediation and Arbitration of Construction Disputes”, to assist the parties to reach agreement. Unless the Parties agree otherwise, the mediated negotiations shall be conducted in accordance with those Rules as amended as follows: 7.2.1 All references to “the Contract: are to be considered references to this Agreement, and

7.2.2 All references to the Schedule, time, Extension of time and termination if no agreement, shall be adjusted from “10 Working Days” to read “15 calendar days”.

7.3 If the Dispute has not been resolved within 15 calendar days after a mediator is appointed under Article 7.2, or within such further period agreed to by the Parties, the mediator shall terminate the mediated negotiations by giving written notice.

7.4 All unresolved disputes shall be referred to and finally resolved by arbitration under the latest edition of CCDC Document 40, “Rules for Mediation and Arbitration of Construction Disputes”, as amended as follows: 7.4.1 All references to ”the Contract” are to be considered references to this Agreement, and 7.4.2 Any arbitration shall be before a single arbitrator and not a panel of three arbitrators. 7.5 Dispute resolution shall be conducted in Sackville, New Brunswick unless otherwise agreed. 7.6 The Parties agree to include similar mediation and dispute resolution provisions in all agreements with Trade Contractors and sub-consultants retained for the Project and to require all Trade Contractors and consultants also to include a similar mediation and dispute resolution provision in all agreements with sub-trade contractors, sub-consultants, suppliers, fabricators so retained, thereby providing for mediation as the primary (i.e. first) method of dispute resolution between all parties to those agreements and arbitration as the secondary method of dispute resolution. The Parties also agree to include a provision prohibiting the filing of claims of lien pursuant to the Mechanics’ Lien Act, or any successor legislation, in all agreements with Trade Contractors, sub-trade contractors, sub-consultants, suppliers and fabricators so retained. 7.7 This Agreement and provision of services by the Consultant shall be governed by the laws of the Province of New Brunswick and Canada, so far as they are applicable.



ARTICLE 8 Termination, suspension or abandonment 8.1 Termination

8.1.1 Unless otherwise stated in this Agreement, the Consultant's services terminate one year after certification of substantial performance unless a warranty inspection that the Consultant would make within that year could not be properly prepared because of the building’s occupancy in which case the Consultant’s services will terminate once that inspection is completed and a report has been submitted to and accepted by the University.

8.2 Termination by Mount Allison University with cause 8.2.1 In the event;

(1) The Consultant fails to expeditiously perform the services required to be performed hereby in a skilled manner, so as to delay the progress or adversely affect the outcome of the Project; or (2) The Consultant records or causes a lien to be recorded against the Project or any portion thereof or any property of the University; or (3) The Consultant is declared to be bankrupt or insolvent, or an assignment for the benefit of creditors is made by the Consultant, where the Consultant files a voluntary petition in bankruptcy or insolvency, or a receiver is appointed for the Consultant, and such appointment or bankruptcy or insolvency proceedings, petition, declaration or assignment is not set aside within thirty (30) days; or (4) Any representation or warranty made by the Consultant to the University, or a Trade Contractor hereunder shall prove to be false or misleading on the date said warranty or representation is made; or (5) Any design, drawings or specification prepared by the Consultant or its sub-consultants is defective in any way that materially affects the University; or (6) The Consultant persistently fails to make payment due its sub-consultants for performance of any portion of the Services; or (7) The Consultant defaults in the performance or observance of any covenant, agreement, or condition contained in this Agreement required to be kept, performed, observed by the Consultant which, in the opinion of the University, affects the ability of the Consultant to perform its duties hereunder;

and any of the events as described above are not resolved within seven (7) days after written notice from the University to the Consultant, the University may declare the Consultant to be in default hereunder, and exercise any remedies available to it.

8.2.2 If a default described in Article 8.2.1 occurs, then unless and until such default is cured, the University shall have the right to take one or more of the following actions which the University determines to be in its best interests; (1) The University may immediately and without further notice terminate the Agreement, or any portion thereof, and finish the Services by whatever method the University may deem expedient; or (2) The University may proceed against the Consultant to recover all losses, damages, costs, fees and expenses incurred or payable by the University as a result of the occurrence of such default; or (3) The University may otherwise pursue such other remedies, causes of action or other rights as the University may have under law or equity.

8.2.3 Upon termination, the University shall not be obligated to pay the Consultant any further compensation until such time that the scope of Services has been completed, and the University shall determine the losses, damages, costs, fees and expenses incurred by or payable by the University as a result of such termination. The above recovery notwithstanding, the University may pursue all claims for damages to the University caused by the Consultant’s default.

8.2.4 In the event any termination with cause is determined to be wrongful, then it shall be deemed to be a termination for convenience under Article 8.4, and the Consultant’s compensation shall be limited as provided for in this Agreement.



8.3 Termination by the Consultant with cause

8.3.1 This Agreement may be terminated by the Consultant upon not less than seven (7) days, written notice to the University, if the University has persistently failed to perform in accordance with the terms of this Agreement through no fault of Consultant and the University has not caused its default. The Consultant may recover from the University its fee for all executed services and expenses incurred as allowed under this Agreement. 8.3.2 If the University fails to make payment when due the Consultant for services and expenses, the Consultant may, upon seven days' written notice to the University, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Consultant shall have no liability to the University for delay or damage caused the University because of such suspension of services.

8.4 Termination by Mount Allison University for convenience

8.4.1 Upon seven (7) days prior written notice, the University has the right to cancel and terminate this Agreement at any time, for no reason and at the sole discretion of the University, and the University will incur no liability to the Consultant or any other person by reason of such cancellation except that the University will pay the Consultant for all Services performed up to the date of termination. The Consultant shall be paid within 45 days of the date that an invoice is received by the University for all services performed up to the termination date, together with reimbursable expenses and applicable taxes and all termination expenses as defined in Article 8.4.2. In no event will the University be liable for payment of anticipated profits or expectation damages.

8.4.2 Termination expenses means expenses directly attributable to suspension or abandonment of the Project or termination of this Agreement for which the Consultant is not otherwise compensated and, in addition, an amount computed as a percentage of the total fee for the Consultant's services earned to the time of termination, as follows: (1) Ten percent (10%) if suspension or termination occurs during the conceptual design phase; or (2) Five percent (5%) if suspension or termination occurs during the design development phase; or (3) Two percent (2%) if suspension or termination occurs during a phase subsequent to the design development phase.

8.4.3 The Consultant, on receipt of a written termination notice under this Article 8, shall immediately deliver to the University all plans, specifications, drawings, and other data prepared by the Consultant with respect to the Project which then can be used at the discretion of the University for any purpose related to the Project. All required drawings are to be provided on USB as an electronic file in both ‘DWG’ and ‘PDF’ formats. Specifications are to be provided on USB as an electronic file in Microsoft ‘Word’ format. Final payment as defined in 8.4.1 shall only be made once all required final documents have been received by the University.

8.4.4 In the event of termination, the Consultant agrees to cooperate with the University, the Construction Manager, Trade Contractor(s), and any replacement design professional and to provide any information requested by the University with respect to the Project.

8.5 Suspension

8.5.1 The Services may be suspended by Mount Allison University at its sole discretion at any time for a period of ninety (90) days without any additional compensation to the Consultant. If the suspension(s) as directed by the University exceeds ninety (90) days, then the Consultant may be entitled to an equitable adjustment of its compensation, except where the suspension(s) was caused by, coincided with, periods of delay that resulted from the fault, negligence or failures of the Consultant or anyone for whom the Consultant



is responsible. If the Project is suspended by the University for more than ninety (90) consecutive days, the Consultant may terminate this Agreement by giving seven days prior written notice. In the event that the project is restarted by the University following termination, suspension or abandonment, for more than a total of 90 days, whether consecutive or not, the Consultant's fee for the services performed after such suspension or abandonment shall be the percentage or percentages set our in Article 10.1.3 of this Agreement or the portion of that percentage that is equivalent to the proportion of work completed on the Phase in question after suspension or abandonment, and the Consultant shall be reimbursed for additional expenses incurred directly as a result of the interruption and resumption of its services, provided the Consultant informs the University in writing in advance of incurring such additional expenses and the University authorizes the Consultant to proceed. The University shall however not be obligated to re-hire the Consultant for completion of the Project.

8.5.2 This Agreement may be terminated with or without cause by Mount Allison University upon not less than seven days written notice to the Consultant in the event that the Project is permanently abandoned. In the event of the University initiated termination, suspension or abandonment of the project, the Consultant shall be equitably compensated by the University for services performed to the date of termination, suspension or abandonment as allowed under this Agreement.



ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Mount Allison University and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other Party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the University nor the Consultant shall assign this Agreement without the written consent of the other. 9.2 The Contract Documents represents the entire Agreement between the University and the Consultant and supersede all prior negotiations, representations, or Agreements, either written or oral which are not included in the Contract Documents. This Agreement may be amended only by written instrument signed by both the University and Consultant. 9.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the University or Consultant. 9.4 Unless otherwise provided in this Agreement, the Consultant and sub-consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances unless the Consultant was aware, or should reasonably have been aware, of the hazardous material and did not inform the University. The Consultant shall, however, give immediate written notice to the University should it observe or suspect the existence of hazardous materials within or around the Project and shall identify the areas where such substances have been encountered or are suspected and the areas of the Project where the Consultant recommends that Work be stopped or suspended while the substances are being analyzed. 9.5 Upon prior authorization from the University, the Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Consultant's promotional and professional materials. The Consultant's materials shall not include the University's confidential or proprietary information if the University has previously advised the Consultant, in writing, of the specific information considered by the University to be confidential or proprietary. Mount Allison University shall provide professional credit for the Consultant on the construction sign and in the promotional materials for the Project. 9.6 Insurance

9.6.1 During the term of the Agreement and for such additional time as may be required herein, the Consultant shall provide, pay for, and maintain in full force and effect the insurance outlined herein for coverages at not less than the prescribed minimum limits of liability, covering the Consultant, any and all sub-consultants, anyone directly or indirectly employed by any of them, and anyone for whose acts any of them may be liable. The Consultant shall also cause each sub-consultant engaged by the Consultant under this Agreement to purchase and maintain insurance of the types specified below, with the coverages and limits specified. When requested by the University, The Consultant shall furnish copies of certificates of insurance evidencing coverage for each sub-consultant. At the University’s sole discretion, and with written notice from the University to the Consultant, the insurance requirements for a specific sub-consultant may be modified or waived.

1) The University shall, at its own cost and expense, obtain and maintain during the entire term of the

Consultant’s services under this Agreement, single project professional liability insurance in the amount not less than five million dollars ($5,000,000) for any one claim, to protect against claims arising out of negligent acts, errors or omissions in the performance of the Consultant’s services under this Agreement. Where commercially available, the Consultant, its employees and any subconsultants identified at time of application will be named insureds under the policy.



2) Single project professional liability insurance shall include an extended discovery and reporting period of

not less than twenty-four (24) months after termination of the Consultant’s services under this Agreement. 3) The Consultant and any of its sub-consultants shall, at their own cost and expense, obtain and maintain

during the entire term of the Consultant’s services under this Agreement, automobile liability insurance with limits of no less than $2,000,000 limit per occurrence for Third Party Liability (Bodily Injury and Property Damage) covering all automobiles owned, leased, hired, or operated by the consultant, the consultant’s employees and any sub consultants.

4) The Consultant and any of its sub-consultants shall, at their own cost and expense, obtain and maintain during the entire term of the Consultant’s services under this Agreement Commercial General Liability Insurance covering the Consultant and subconsultant’s Liability for Bodily Injury and Property Damage with limits no less than $2,000,000. This policy will include the University as additional insured with respect to liabilities arising out of or in any way connected with the Consultant’s and subconsultants’ Operations. This policy will include Contingent employer’s liability, products and completed operations Liability and Contractual Liability. The policy will contain a waiver of subrogation by the insurance against the University, its employees, officers, directors, parent, subsidiary, affiliated and associated companies.

5) If any subconsultant is not covered under the single project Professional Liability insurance, the consultant or subconsultant shall maintain and pay for Professional Liability Insurance of not less than $5,000,000 limit for any one claim and will remain in force once the project is completed for an extended reporting period of no less than 24 months following acceptance of completion of the work stated in this agreement by the University. This policy will include the University as additional insured and will contain a waiver of subrogation by the insurance against the University, its employees, officers, directors, parent, subsidiary, affiliated and associated companies. This policy will also contain a hold harmless clause agreement that states the consultant’s insurance carrier will defend, indemnify and hold harmless the University and its affiliates and their respective agents, officers, directors, and employees from and against any and all suits, legal proceedings, claims, demands, damages, liabilities, losses, fines, penalties, costs and expenses attributable to 1) the performance or non-performance of the contract or and negligent act or omission of the consultant, its agents, employees, and subcontractors, in furnishing the work 2) any breach by supplier of any representation, warranty, obligation or covenant under the contract 3) bodily injury, sickness or death of any consultant or sub-contractor 4) any defect of the work provided by the consultant.

9.6.2 Before commencing its Services, the Consultant shall provide to the University a certificate of insurance completed by a duly authorized representative of its insurer certifying that at least the minimum insurance coverages required herein are in effect and that the coverages will not be cancelled, non-renewed or materially changed by endorsement or through issuance of other policies of insurance without thirty (30) days advance written notice to the University

Certificates of insurance as proof of liability insurance for all policies herein mentioned shall be delivered by the Consultant and sub-consultants upon execution of this Agreement. Evidence of renewal or replacement of these insurances, in form and substance acceptable to the University, shall be delivered by the Consultant not later than five (5) days prior to the termination date of the respective insurance policies. On written request from the University, the Consultant shall provide certified true copies of any insurance policy required to be purchased and maintained by the Consultant or by any of its consultants retained in connection with Consultant’s services under this Agreement. All insurance policies obtained by the consultant will include the requirement that the insurer will endeavor to provide the University with 30 days advance notice of any cancellation of insurance coverage. (This is to be indicated on the certificate of insurance). 9.6.3 Failure of the University to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the University to identify a deficiency from the documentation that is provided shall not be construed as a waiver of the Consultant’s and sub consultant’s obligation to provide and maintain such insurance.



9.6.4 The acceptance by the University of any certificate of insurance does not constitute approval or agreement by the University that the insurance requirements of this Article have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements of this Article. 9.6.5 The University shall have the right but not the obligation to prohibit the Consultant from entering the Project Site, until such certificates or other documentation that all required insurance policies are in compliance with these requirements. 9.6.6 All insurance should be provided through companies licensed to do business in New Brunswick and acceptable to the University. 9.6.7 All required insurance coverages shall be maintained without interruption during the entire term of the Agreement, and for such additional time as may be required herein for specific types of insurance. 9.6.8 The Consultant shall require all policies of insurance that are in any way related to the Project and that are secured and maintained by the Consultant and its sub-consultants to include clauses providing that the University is named insured that each underwriter shall waive all of its rights of recovery, under subrogation or otherwise, against the University, and its directors, officers, agents and employees. 9.6.9 If the Consultant is a joint venture involving two or more entities, then each independent entity shall satisfy the limits and coverages specified in this Articles or the joint venture shall be a Named Insured under each policy.

9.7 The Consultant will not engage in, or tolerate of its employees, sub-consultants or agents, sexual harassment as defined in this Article.

9.7.1 Harassment is defined as unwelcome sexual advances/requests for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission of such conduct is made either explicitly for implicitly a term or condition of an individual's employment, or (b) Submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) Such conduct has the effect of unreasonably interfering with an individuals' work or academic performance or creating an intimidating, hostile or offensive working or learning environment 9.7.2 The Consultant will ensure dissemination of this sexual harassment policy to its employees, Consultants and agents. 9.7.3 Additionally, the Consultant will ensure that its employees, Sub-Consultants and agents understand that sexual harassment includes, but is not limited to, actions taken towards Mount Allison University students, employees or guests which would constitute sexual harassment under definition (c) above.

9.8 During the course of the Project, the Consultant, its agents, employees, Sub-Consultants and anyone else with whom the Consultant contracts with respect to the Project shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, sex, religion, color, national origin, ancestry, age or handicap. The Consultant shall comply with the laws of the Province of New Brunswick with regard to Human Rights.



ARTICLE 10 PAYMENTS TO THE CONSULTANT 10.1 Basic Services

10.1.1 Mount Allison University shall pay the Consultant for the performance of the Basic Services ________________ percent (________%) of the final agreed upon total Construction Cost including all approved change orders plus rebated HST at the current rate of 11.65%. Any fee or expense for additional services or changes of scope must be approved in writing and an addendum appended to this contract.

10.1.2 Calculating Percentage Based Fees The applicable portion of the fee for each phase of the services shall be initially calculated on the following:

Pre-Design Phase: University’s Construction Budget at the commencement of the phase.

Conceptual Design Phase: Approved Construction Cost at the commencement of

the phase. Design Development Phase: Approved Construction Cost at the commencement of

the phase.

Construction Documents Phase: Approved Construction Cost at the commencement of the phase.

Bidding or Negotiation Phase: Approved Construction Cost at the commencement of the phase.

Construction Phase - Contract Administration: Actual Construction Cost, including all approved Change Orders.

Final invoicing at the end of each phase will reflect the Construction Cost at the end of that phase and will include adjustments to previous invoices based on the most recent Construction Cost., including all approved Change Orders.

10.1.3 Payments to the Consultant Invoices shall be issued monthly. The fee for the Consultant's services shall be apportioned to the phases of service as listed below, and the amounts invoiced shall be in proportion to the services performed within the phases. Total Payments to the end of any phase are not to exceed the stated percentages.

(1) Upon approval of Pre-Design Phase……………………….……………….…………….…..….5%

(2) Upon approval of the Conceptual Design Phase………………….………………..…...….....15% (3) Upon approval of Design Development Phase………………………………………..……….25% (4) Upon approval of Construction Documents Phase………………………………………..…..70% (5) Bidding or Negotiation Phase…………………………………….…………………….………..75% (6) During the Construction Phase, monthly in proportion to the progress of the work, up to and including final inspection and acceptance………………….………………….………………………………….….95%



(7) Upon receipt of all Total Completion Certificates, Close-Out documentation, record drawings, and final report………………………………………………...……………………………………………......98%

(8) Upon completion of all Warranty related requirements………………………………..….100% Payment of the last twenty percent (20%) of the Basic Fee for each of the Pre-Design, Concept Design, Design Development, Construction Document, and the Bidding or Negotiation Phases shall be made only after all documents and Drawings required for the respective Phases, as set forth in Appendix ‘G’, have been submitted to the University. The Basic Fee, including without limitation the final 5% thereof, shall be subject to all setoffs in favor of the University for claims against the Consultant as defined in 10.6.

10.1.4 For the purpose of calculating Additional Services, the Consultant and all sub-consultants associated with the Project shall, when they respond to the Request for Proposals, submit hourly rates for all personnel assigned to this Project which shall be valid for the duration of the Project. Hourly rates will include all employment expenses, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.

10.2 Reimbursable expenses

10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Consultant, Consultant's employees, sub-consultants and sub-consultant’s employees in the interest of the Project, as identified in the following Clauses:

10.2.1.1 Consultants will be reimbursed in the following manner:

(1) Receipts and other relevant records must be furnished for all reimbursable costs. (2) When the Consultant is away from their home office for twenty-four hours they will be allowed a maximum food allowance of up to $49.00 per day or current University per diem rate. When practicable the University will provide the consultant with meal card(s) to be used at Jennings Hall, the University meal hall. (3) Motel costs will be only be reimbursed at the single room rate, and, when visiting Mount Allison University, are to be charged to a standing Mount Allison Purchase Order at the University’s preferred hotel establishment. Telephone calls, other than those related to University business, from hotels will not be reimbursed. (4) When airline travel is approved by the University, Consultants should select the most economical fares and, when feasible, should purchase tickets at least 14 days in advance of travel. (5) There will be no reimbursement for travel including mileage, if traveling within a 50 km radius from Sackville. (6) Unless approved in advance, travel reimbursement will only be accepted to and from the permanent Maritime Office(s) of the Consultant. (7) Vehicle travel will be reimbursed at the rate of 40¢ per km or current University per km rate. (8) The University requires the use of rental cars where mileage reimbursements will exceed rental car costs. Consultants will be reimbursed when prior approval for car rental is granted by the University. At all times, the use of Compact Class vehicles is required. (9) Expense of filing fees for securing approval from governing authorities will be reimbursed. (10) Expense of 3-D fly-over’s, models or mock-ups, where requested by the University will be reimbursed. (11) Project related courier costs for deliveries to Trade Contractors can be charged directly to designated University account.



10.2.1.2 Expenses of all required drawing and specification printing for use by Owner, Construction Manager and or Trade Contractor required reviews, including as-built submittals will be reimbursed where prior approval is granted by the University.

10.2.1.3 All project testing required by the project specifications, and not designated the responsibility of the Trade Contractor, will be contracted and paid for by the University directly. 10.2.1.4 For reimbursable expenses, as described in 10.2, and any other items included in Article 10 as Reimbursable Expenses, incurred by the Consultant’s employees and sub-consultants in the interest of the Project will be invoiced and reimbursed at cost.

10.3 Expenses not reimbursed

10.3.1 In no event will the Consultant be entitled to reimbursement for any other categories of expenses, including without limitation the following:

(1) miscellaneous expenses, including but not limited to faxes, incidental printing and copying, office supplies, postage, mail or courier services, local and long distance telephone service charges, and supplies are part of the cost of doing business and as such are part of Basic Services and are not reimbursable. (2) Cost of the Consultant’s home office and/or branch offices (3) Transportation, lodging and per diem expenses between Consultant’s branch offices or between Consultant’s and sub-consultants offices. (4) Costs arising from the negligence, fault or failure of the Consultant, or any of its sub-consultants, to fulfill any specific responsibility to the University under this Agreement. (5) Any costs not specifically identified in Article 10.2; or (6) Any part of the Consultant’s capital expenses, including interest on the Consultant’s capital engaged for the Services.

10.4 Payments for Basic Services Payments for Basic Services shall be made monthly or at end of each phase, in accordance with a schedule of invoices for each phase of the Project prepared by the Consultant and approved by the University. 10.5 Payments for Additional Services Payments on account of the Consultant's Additional Services and Reimbursable Expenses shall be made monthly upon presentation of the Consultant's statement of Additional Services rendered or Reimbursable Expenses incurred. 10.6 Payments Withheld

10.6.1 The University may decline to make payment to the Consultant of any portion of its Fee, or any portion of the Reimbursable Expenses (other than those approved by the University and due and owing to any third party) to the extent deemed reasonably necessary by the University to protect the University from loss because of: (1) defective Services not remedied; or (2) failure of the Consultant to fulfill any obligations under this Agreement; or (3) charges incurred by the University for no-value added change orders due to design errors or omissions in the Project documents.



10.6.2 No deductions shall be made from the Consultant's compensation on account of penalty, liquidated damages or sums withheld from payments to the Construction Manager or Trade Contractors, or on account of the cost of changes in the Work, other than those for which the Consultant has been found to be liable. 10.6.3 Until such time as all required close out documents are received by the University, including Record Drawings as referenced in Article 2.9, the University will withhold from the Consultant’s final payment request an amount equal to three percent (3.0%) of the Basic Fee. The balance of the final 3% of the Basic Fee shall be paid as follows: Fifty Percent (50%) after preparation of all Deficiency Lists and issuance of all Substantial Performance Certificates and, Fifty Percent (50%) upon issuance of all Total Performance Certificates and receipt of Project Record Submittals by the University as provided for in this Agreement. This is meant as a fair value of the Consultant work remaining to review the close out documents. Mount Allison University may waive the withholding of any final balance or part thereof if Consultant has performed to the reasonable satisfaction of the University. 10.6.4 Until such time as all required warranty inspection documents are received by the University, the University will withhold from the Consultant’s final payment request an amount equal to two percent (2.0%) of the Basic Fee. The balance of the final 2% of the Basic Fee shall be paid as follows: Fifty Percent (50%) after preparation of all Warranty Lists and, Fifty Percent (50%) upon re-inspection and issuance of Total Performance Certificate. The University may waive the withholding of any final balance or part thereof if Consultant has performed to the reasonable satisfaction of the University.

10.7 Consultant’s Accounting Records The Consultant shall provide reasonable back-up documentation related to any application for payment of Reimbursable Expenses or Additional Services. Records of Reimbursable Expenses, expenses pertaining to Additional Services and Services performed on the basis of a multiple of Direct Personnel Expense shall be available to the University or the University's authorized representative at mutually convenient times. 10.8 Compensation For Additional Services

10.8.1 For project representation beyond Basic Services, as described in Article 3.2, compensation shall be computed as agreed upon in writing by University and Consultant.

10.8.2 For Additional Services of the Consultant as described in Articles 3 and 11, other than (1) Additional Project Representation, as described in Article 3.2, and (2) Services included in Article 11 as part of Basic Services, but excluding services of Consultants, compensation shall be computed as agreed by University and Consultant, in writing.

10.8.3 For Additional Services of the sub-consultants, compensation shall be computed at a multiple of 1.1 times the actual amounts billed to the Consultant for such services.

10.9 Additional Provisions

10.9.1 Payments are due and payable forty-five (45) days from the date of receipt of the Consultant's invoice for professional fees and reimbursable expenses when invoices are rendered as set forth in this Article.



10.9.2 Unpaid accounts shall bear simple interest at 1% per annum above the Bank Rate commencing 60 days after the date of receipt by the University of the Consultant’s invoice for professional fees, reimbursable expenses and applicable taxes as covered under this Agreement.

10.9.3 Fees and reimbursable expenses will be subject to such value added taxes as the Harmonized Sales Tax (HST). Mount Allison University shall pay to the Consultant, together with and in addition to any fees and reimbursable expenses that become payable, any value added taxes that become payable in relation to the fees and reimbursable expenses as required by legislation.

10.9.4 The Consultant shall provide the Consultant’s HST registration number on all invoices.

In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED MOUNT ALLISON UNIVERSITY ..................................................................... ..................................................................... date Robert Inglis

Vice President, Administration ..................................................................... ..................................................................... date Barb MacIntosh

Controller CONSULTANT ........................................................................... ..................................................................... firm signature ........................................................................ .............................................................................. date name and title .................................................................................. .................................................................................. date signature

.................................................................................. name and title

N.B. Where legal jurisdiction, local practice, or University or Consultant requirement calls for proof of authority to execute this document, proof of such authority, in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the University or Consultant, should be attached.

Form RFP-1A Consultant Firm Data Project# HARP-20-01 Appendix “E” Proponent Synopsis Mount Allison University

Submitted By (Firm Name):

1) Firm’s Name and address: (office where work will be done) Website: Fax: E-mail: Telephone:

2) Years in business: a) Under Present name: Years b) List other names and years Years Years

3) Names of parent companies: (if any) Telephone: Fax:

4) Specify type of ownership: Sole Proprietor Partnership Professional Corp. Corporation

5) Names of no more than 2 principles to contact: (Include Title and Phone Number) 6) Proposed sub-consultants or other offices providing services: Firm Name: Function/Responsibility: Has worked with prime before? Yes No Yes No Yes No Yes No Yes No Yes No (Attach Firm Date Form RFP-2 A/B for all sub-consultants or other office) 7) Number of personnel in firm at (1) above by discipline: (List each person only once)

Licensed: Unlicensed: Architectural Principals Non-Architectural Principals Associates Senior Architects Project Managers Intermediate Architects Junior Architects Student Architects Technologists Interior Designers Cost Estimators Landscape Architects Construction Admin/Inspector CADD Operators Specification Writers Other:

Totals:

Request for Proposals Harper Hall Project

Revision Date: October 31, 2019 Page 1 of 30

Form RFP-1B Consultant Firm Data Project# HARP-20-01 Appendix “E” Proponent Synopsis (Cont’d) Mount Allison University

Submitted By (Firm Name): 8) List professional liability insurance provider, limits of liability and deductible: (Include copy of Insurance Certificate with submission) 9) Provide detailed design schedule for architectural services. Note: Schedule included in RFP document is owner’s proposed schedule representing the anticipated start and end dates, proponent will be responsible to provide and maintain own schedule. Submit separate page attached to RFP. 10) List minimum of 5 recently completed projects of similar scope, features and dollar value. Projects involving university residence construction or renovation projects would be of particular interest to the committee. Complete Representative Project Data Forms RFP-5A/B-1 thru 5 to list recently completed projects 11) Provide statement of your firm’s philosophy and approach to design and to client service. Attach Supplemental Information Form RFP-6 if required 12) Technology proposed to be used to aid design and construction (Such as CAD, modeling (BIM), 3D simulations, ContractAdministration Software such as RForm or Newforma). Attach Supplemental Information Form RFP-6 13) Provide a statement relating to the specific project being proposed. Attach Supplemental Information Form RFP-6 if required 14) Provide a statement of the Design Team’s approach to budget and budget control.

Attach Supplemental Information Form RFP-6 if required 15) Provide a statement of your firm’s approach to quality and quality control. In the last 10 years, has any design team member been involved in litigation due to design errors or omissions? Attach Supplemental Information Form RFP-6 if required.

16) Discuss, using specific examples, the firm’s experience with designing buildings based on the principles of sustainability, energy conservation, and indoor air quality. List team members with Green Globes and WELL experience or certification. Attach Supplemental Information Form RFP-6 if required

The foregoing is a statement of fact. Typed name Signature: and title: Date:



Form RFP-2A Consultant Firm Data Project# HARP-20-01 Appendix “E” Synopsis Of Sub-Consultant Mount Allison University


1)Sub-consultant firm and address: (where work will be done) Website: Fax: E-mail: Telephone:

2) Years in business: a) Under Present name: Years b) List other names and years Years Years

3) Names of parent companies: (if any) Telephone: Fax:

E-mail:

4) Specify type of ownership: Sole Proprietor Partnership Professional Corp. Corporation

5) Names of no more than 2 principles to contact: (Title and Phone Number)

6) Number of personnel in firm at (1) above by discipline: (List each person only once) Licensed Unlicensed

Architects Structural Engineers Mechanical Engineers Electrical Engineers Civil Engineers Code Consultant Cost Consultant Interior Designers FunctionalFunctional Programming Consultant Technologists EIT's Construction Admin/Inspectors Project Managers CADD Operators Specification Writers

Totals:

7) Functions or services to be provided:



Form RFP-2B Consultant Firm Data Project# HARP-20-01 Appendix “E” Synopsis Of Sub-Consultant (Cont’d) Mount Allison University


8) How many projects has the sub-consultant worked with the proponent in the last five years? Specify: -1- -2- -3- -4- -5- -6-

9) List professional liability insurance provider, limits of liability and deductible: (Include copy of Insurance Certificate with submission)

The foregoing is a statement of fact. Typed Name and Title:

Signature:

Date:



Form RFP-3 Consultant Firm Data Project# HARP-20-01 Appendix “E” Project Staffing Organization Mount Allison University


1) Key personnel designated for this project: (Include Form RFQ-4 for Each)

Function Name Firm Architect Structural Engineer Mechanical Engineer Electrical Engineer Civil Engineer Cost Consultant

Materials Consultant Food Services Consultant Hazmat Consultant Interior Designer Landscape Design Consultant

2) Describe availability of staff to work on this project: 3) Describe project methodology, i.e. how will the work functions, responsibilities and coordination be performed: 4) Describe the method of quality assurance you will utilize in the production of the documents for this project: The foregoing is a statement of fact. Typed Name Signature: and Title: Date:



Form RFP-4-01 Consultant Firm Data Project# HARP-20-01 Appendix “E” Staffing Qualifications Mount Allison University


Brief resume of key individual proposed for this project. Provide separate form for each individual 1) Name and title: Typical duty or assignment: 2) Assignment for this project: Percentage of firms total labour output: Total estimated number of hours this person would spend on this project: Total number of hours this person would spend on this project in a typical week: 3) Employee of: 4) Years of experience: Total experience: Years With this firm: Years 5) Education: Provide details of College or University degree(s) / Year / Specialization: 6) Active registration: Year first registered / Province /Discipline or type: Architect# or Professional Engineer# 7) Experience and /or qualifications relevant to this project: The foregoing is a statement of fact. Typed name Signature: and title: Date:



Form RFP-5A-01 Consultant Firm Data Project# HARP-20-01

Appendix “E” Representative Project Data Mount Allison University Submitted By (Firm Name):

1) Project Name:

2) Owner: Project Administrator: Address:

Phone Number: Fax Number:

3) Prime Contractor: Project Administrator: Superintendent:


4) Names of key designers and/or project managers still with the firm and their specific project responsibilities:

5) Specific responsibilities: 6) Type of facility: Project description and features:



Form RFP-5B-01 Consultant Firm Data Project# HARP-20-01 Appendix “E” Representative Project Data (Continued) Mount Allison University


7) Construction Data: Duration: Schedule: Actual: Type of building:

Design phase:

Weeks

Weeks

Gross area:

Tender phase:

Weeks

Weeks

Number of floor levels:

Construction phase:

Weeks

Weeks

Owner’s budget:

Number of Change Orders:

Consultant’s estimate:

Cost of Change Orders:

Low bid:

Date of Substantial Completion:

Type of project delivery:

8) Describe any structural, mechanical or electrical consulting participation in the design phase. (Firm, Function, and Percentage of fee).

The foregoing is a statement of fact. Typed Name Signature: and Title: Date:





1) Project Name:












Design phase:

Weeks

Weeks

Gross area:

Tender phase:

Weeks

Weeks


Construction phase:

Weeks

Weeks

Owner’s budget:




Low bid:









1) Project Name:












Design phase:

Weeks

Weeks

Gross area:

Tender phase:

Weeks

Weeks


Construction phase:

Weeks

Weeks

Owner’s budget:




Low bid:









1) Project Name:












Design phase:

Weeks

Weeks

Gross area:

Tender phase:

Weeks

Weeks


Construction phase:

Weeks

Weeks

Owner’s budget:




Low bid:









1) Project Name:












Design phase:

Weeks

Weeks

Gross area:

Tender phase:

Weeks

Weeks


Construction phase:

Weeks

Weeks

Owner’s budget:




Low bid:







Form RFP-6-01 Consultant Firm Data Project# HARP-20-01 Appendix “E” Supplemental Information Mount Allison University

Submitted By (Firm Name): Copy if required



RFP Form Instructions RFP# HARP-20-01


APPENDIX “F”

Data Form Instructions – RFP# HARP-20-01

INSTRUCTIONS FOR COMPLETING APPENDIX “E” CONSULTANT FIRM DATA FORMS RFP-1A to RFP-6 required for submission in response to Request for Proposals # HARP-20-01

Documents can be submitted by using either the interactive PDF form (APPENDIX”E” Interactive Submission), or the MS Word Files and filling out the required fields. The University advises Consultants to be factual and concise when filling out these forms.

Form RFP-1A and RFP-1B: Proponent Synopsis General: Insert name of Prime Consultant. (1) Consultant to provide firm name, physical address, e-mail address, web site address if available, telephone number and FAX number of respondent. (2) Provide information requested under both 2a and 2b. (3) Provide name and address of parent company or home office. Provide its telephone and FAX numbers. (4) Specify type of ownership of firm. (5) Provide name(s) of principals to contact concerning this RFP response. (6) Show the names of the sub-consultants and the nature of the sub-consultant project responsibility/discipline. Answer last question with a “yes” or “no”. (7) Show the number of in-house technical persons in various disciplines and skill levels. (Attach form RFP-2 for each sub-consultant or other office.)

(8) Liability Insurance: Specify the name of the professional liability insurance carrier and the policy limits of liability with deductible.

(9) Schedule: Include detailed project schedule to ensure specified milestones as identified in Appendix “I” can

be met.

(10) Project Experience: List minimum of 5 recently completed projects that have similar scope or features. Provide Representative Project Form RFP-5 for each. Please note that the submitting consulting firm or the submitting consulting firm in association or joint venture with one or more consulting firms must have performed as the Prime responsible Consultant for that Substantially Completed, and similar project for which they are claiming experience. (11) Provide statement of your firm’s philosophy and approach to design and to client service.



(12) Provide information on the proposed technology to be used to aid the design, coordination and construction process.

(13) Provide statement relating to the specific project being proposed. (14) Discuss the firm’s procedures and methods for controlling costs that will be utilized for this project. (15) Provide statement of the firm’s approach to quality and quality control. In the last 10 years, has the firm been involved in litigation due to design errors or omissions? (16) Discuss, using specific examples, the firm’s experience with constructing buildings based on the principles of sustainability, energy conservation, and improving indoor air quality. Familiarity with Green Globes and/or LEED standards for renovation projects is essential. List all members of the Construction Team who are certified and/or attended or completed Green Globes and/or LEED seminar(s) or exams.

Experience with sustainable concepts may include but not limited to the following:

• Recycled-content and sustainable building product selection, specification, and procurement • Waste reduction strategies, such as construction & demolition waste management plans and specifications, deconstruction plans and specifications, storage and collection of recyclables, and other reuse opportunities • Experience with Green Globes Program. • Development of Design Guidelines and Master Specifications • Use of creative financing for green buildings • Green operating and maintenance plans • Commissioning a green building • Energy modeling and analysis • Monitoring and tracking of final projects once they are operational (tracking back to original models)

General: Provide respondent’s typed name, title, signature and date.

Form RFP-2A and RFP-2B: Sub-Consultant Information (1) Each Sub-Consultant to provide firm name, physical address, e-mail address, web site address if available,

telephone and fax numbers of respondent. (2) Provide information requested under both 2a and 2b.

(3) Provide name and address of parent company or home office. Provide its telephone and FAX numbers.

(4) Specify type of ownership of firm.

(5) Provide name(s) principals who will be in charge of this firm’s work on the project.

(6) Indicate the number of in-house technical personnel in sub-consultant or other office in various disciplines and skill levels.

(7) Describe functions, disciplines or services to be provided by this sub-consultant or other office.

(8) Indicate how many projects in which this sub-consultant has provided services to the prime consultant.



(9) Show the sub-consultant’s professional liability limits of insurance with deductible.

General: Provide respondent’s typed name, title, signature and date. Form RFP -3: Project Staffing Organization General: Insert name of Prime Consultant. (1) List team members and primary responsible charge designer for each discipline or specialty. Complete a copy of form RFP-4 for each person listed.

(2) Will the persons listed be available to design this project? Do you have sufficient staff to commit to design

this project on schedule considering the other work you and your consultants have? Explain. (3) How do you propose to assign responsibilities and coordinate the various disciplines involved? (4) Explain how you propose to assure that these documents clearly and fully describe the work to be done, and,

that the work shown by the various disciplines is coordinated.

General: Provide respondent’s typed name, title, signature and date.

Form RFP-4-01 thru 05: Staffing Qualifications

General: Insert name of Prime Consultant. (1) List name, title and usual job assignment of key person for this project.

(2) Describe this person’s job assignment for this project.

(3) Identify this person’s employer.

(4) List this person’s total years of experience total and with current employer.

(5) List college/university attended, degree earned, year completed, and curriculum area of specialization.

(6) Provide current professional registration information.

(7) Describe professional experience and/or qualifications which make this person valuable for this project.

Form RFP-5A/B 01 thru 05: Representative Project Data

General: Insert name of Prime Consultant.



Important: Using Form RFP-5-01 thru 05, provide information on no more than five (5) representative projects that best demonstrate your experience and for this type of project. List projects that have similar features, functions and/or systems to those envisioned for this project.

(1) Provide project name and type of facility.

(2) Provide information on the Owner for possible reference check.

(3) Provide information on the Contractor who built the project.

(4) Who were the persons in your firm (and your consultants) who managed or designed this project?

Will they be assigned to this project? Will they be available as resource persons for this project? (5) What were the firm’s specific responsibilities on this project? (For example, design of mechanical systems,

total project design, etc.) (6) Briefly describe the project and its features. What is special about this project that would be of interest to the

Selection Committee for the proposed project? (7) Provide requested project data. (8) Provide requested project info. Form RFP-6-01 thru 10: Supplemental Information General: Insert name of firm responding. Copy this form where required for additional information. Provide

additional relevant information in brief outline/bullet format. Why should your firm be selected for Architectural services? What expertise can you or your consultants bring to this project to assure optimal functional space utilization design and timely and cost-effective completion? Photographs of past projects or other additional information can be provided to enhance the proposal.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

Submittal Requirements for Capital Projects RFP# HARP-20-01


Submittal Requirements for Capital Projects

APPENDIX “G”



ARTICLE I CONSULTANTS GUIDELINES Table of Contents I. Foreword 3

Contract Services 3

II. Design Concept 3 Design Guidelines 3 Design Quality 3 Design Process 4 Aesthetic Considerations 4

III. Facilities Management Responsibilities 5 IV. Design and Construction Submittals 5

General 5 Pre-Design Phase 6 Conceptual Design 7 Design Development 8 Construction Documents 10 Construction Administration and Project Close-Out Phases 12 Post Construction Documentation 13 Warranty Inspection Requirements 14



I. Foreword This publication has been prepared for the guidance of Consultants providing consulting services under contract to Mount Allison University. Contract Services Contract services fall into two broad types.

(1) Consultant Services: related to the design of maintenance, alteration, repair or construction of facilities. The product of this type of service is a set of contract documents, consisting of, but not limited to, drawings, specifications, cost estimates, study models, presentation materials, and pre design and design support activities such as soil borings, site topography, and construction monitoring.

(2) Consultant Services: related to planning, investigation, study, and project development for existing or proposed facilities. The product of this type of service is normally a feasibility study or report. Much of this document is directed to the development of contract documents. A firm or individual providing consulting services to Mount Allison University will be the Consultant of Record and will incur the usual professional responsibilities and liabilities for the specific project. The Consultant should be familiar with the contract terms and content of this publication with respect to pre-construction and post-construction responsibilities. The University will include these Design Guidelines in each Consultant agreement.

II. Design Concept Design Guidelines Facilities Management is in the process of developing design guidelines, once this process is completed each Consultant under contract will receive a copy of the current edition. The Consultant shall reference these guidelines and appendices, and document any exceptions in writing to Facilities Management. Design Quality At Mount Allison University each design project has its own unique programmatic and contextual requirement. The Consultant shall take into consideration the location of the project and shall design with the unique surroundings fully understood. In the early design stages, various solutions of design problem shall be explored and presented to Facilities Management for consideration. All design elements must be carefully explored with long term goals (projected life of facility, equipment, and systems) in mind. Mount Allison University requires that the Consultant adhere to the latest edition of the Design Guidelines, currently being developed. Exceptions shall be made on a case-by-case basis by requesting approval, in writing, from the Project Manager. Facilities Management must maintain documentation for any exceptions. There are no pre-established design styles or solutions for any project, and the Consultant is expected to explore appropriate options toward making a recommendation for a design solution. A detailed comparison and economic analysis between various design options shall be prepared where appropriate. Their use in determining the design selection shall be coordinated with Facilities Management. Design concepts shall incorporate the latest available technology wherever possible. Energy conservation and efficiency of mechanical/electrical systems and equipment is of prime importance to Mount Allison University. The Consultant is advised that design decisions regarding equipment/system selections will include a Life Cycle Cost Analysis (LCCA) in addition to first cost. An LCCA will be prepared in the early design stages and presented to Facilities Management for review and/or approval. In addition, high energy-use equipment



such as HVAC chillers and pumping systems shall require a Present Worth Analysis (PWA) over the projected life cycle. In the conceptual phase of design, the Consultant shall meet with the Technical Services Manager of Facilities Management for specific input and requirements Mount Allison University is committed to a greening initiative. The focus is on incorporating an environmentally responsible design and construction practice into all University building projects. Specifically, the greening initiative supports the Green Globes approach to project design and construction. Design Process The University Project Manager shall be the designated contact to ensure all required project submittals are circulated to the appropriate University departments for final university approval. The Project Manager shall provide the Consultant with the necessary approvals and time allotment upon project approvals for design and/or construction. Each phase of the design process shall reference and use as appropriate the following documents.

- Integration with Mount Allison University Master Plan dated 2002 and updated 2016 http://www.mta.ca/facilities_master_plan/index.html - Design Guidelines (Currently under development) - Most current Provincial, Federal and local codes (including accessibility requirements) - Most current zoning and planning ordinances - Campus landscaping master plan and fire truck access requirements - User Group Program Requirements (Program Statement and Program Verification) - Architectural character and integrity (campus context, materials, scale) - Specific structural design requirements for specialized projects - Specific building systems (HVAC, Fire protection, Electric, Materials Handling) as required - Grounds requirements - Maintenance requirements

The Consultant will prepare appropriate presentation materials to convey the design at each phase. For large projects that may influence the campus development, a more detailed model is expected. Although Facilities Management will be the primary contact, the Consultant may be requested to prepare presentation materials as required. Aesthetic Considerations Taking a pre-design tour of the campus is encouraged. Reference photographs and sketches for design reference are mandatory. The Consultant shall become knowledgeable concerning planning principles that have been established for the Mount Allison campus. This information is contained in the following documents and is available on the University website. - Mount Allison University Master Plan dated 2002 and updated 2016 - Other planning documents where appropriate. In addition to these documents, there are general design principles that have evolved over the years at Mount Allison. They are summarized as follows: - On or near the Campus Quadrangles, contextual solutions rather than dramatic departure from existing design shall be the assumed theme. Any new structure on the Campus that is adjacent or connected to a Mount Allison stone building shall be of similar or compatible materials.



- When selecting an exterior building material, approval must be secured prior to proceeding with development of details. Material samples are required. - Provision for future expansion should be considered for each building project. - The trees on Mount Allison’s campus are as treasured as the architecture. Each project shall be designed with limited tree removal and impact on traditionally forested areas. Landscape mitigation where trees are removed is required. III. Facilities Management Responsibilities Facilities Management may provide any or all of the following information or services: (1) Project Requirements (2) Project Budget and Project Schedule (3) Where available, drawings of existing facilities and information pertinent to building services and utilities (4) Mount Allison University Design Guidelines (5) Hazardous materials testing (6) Soils and material testing (7) Site survey and geotechnical investigating (8) Environmental monitoring and appropriate greening consultation (9) Coordination of in-house reviews (10) Coordination of user/occupant reviews (11) Coordination of interior design related user requirements (12) Coordination of user/occupant moves (13) Coordination of University approval reviews (14) Furniture selection, purchase and/or installation (15) Other owner specified responsibilities as defined in Consultant Agreement (16) Building information access for all design phases (17) Access to existing building systems information archive (blueprints, specifications, etc.) Document loaning terms: Original documents may only be removed from the document archive with Facilities Management’s permission. All documents loaned shall be accompanied with a transmittal from Facilities Management’s representative to the Consultant. Each transmittal shall indicate each sheet of drawings removed and each bound volume, noting the existing conditions of the documents. All documents shall be returned within thirty days of the document transmittal date, or as agreed to in writing. Approval for payment of Consultant invoices shall be based on the proper return of all loaned documents. Electronic documents shall be managed in accordance with Facilities Management requirements. The University may provide available information in electronic format. These computer-based data/files are the property of Mount Allison University, and their use will be provided under the terms and conditions of the agreement noted above. IV. Design and Construction Submittals General Proposals and agreements are required for all capital projects. Initial meetings shall be held to confirm the scope and expectations of Mount Allison University. The following is provided to supplement the requirements of the Consultant Agreement. In advance of starting a project, the Consultant shall review with Facilities Management to confirm the output required to complete the phase and begin the review process.



For construction projects, the Consultant shall develop for Facilities Management pre-conceptual design documents, conceptual design documents, design development documents, and construction documents in order to establish the scope, relationship, forms, size, and appearance of the project in accordance with the requirements of the project. Each phase shall require a review and written approval. Specific requests are often developed for programming and feasibility studies. Pre-design consultations with Facilities Management shall be required for any proposed project involving the campus infrastructure systems (high voltage and steam distribution, sanitary and storm sewers, water, chilled water distribution, etc.). Pre design consultation is required with the University regarding materials use, master plan issues, and where applicable traffic issues. The Consultant shall provide design calculations for Facilities Management for review upon request. The Consultant shall use the latest edition of the Mount Allison University Design Guidelines throughout the design process. Use of this document does not relieve the Consultant of responsibility for the final design in accordance with the project agreement and with professional standards of practice. A tabulation of gross, net, and assignable square foot building areas with definitions shall be submitted with each design phase. The Consultant shall verify with Facilities Management any specific calculation requirements for the project. The Consultant’s key personnel shall remain with the project throughout all design phases and construction until final completion. A detailed construction cost estimate is required at each submittal phase. The estimate detail for each submittal shall be consistent with the level of design required for that submittal phase. Estimates in the concept phase shall be a system format. Unless otherwise agreed to, estimates in design development phase and latter shall be prepared in CSI division format with a summary sheet showing the Article totals. The Consultant may use professional cost estimating firms if desired. The production of the construction cost estimate shall be considered a basic service. Where required, the Consultant shall assist the Construction Manager and Facilities Management with the preparation of the total project cost estimate for each project. Document submittals at each phase of design to Facilities Management shall consist of two sets of drawings and specifications (including electronic copies). The Consultant shall submit regularly updated work schedules to Facilities Management. Sequence of events, timetables, and due dates are required. For projects that involve interruptions of existing building operations or major utility usage, the Consultant has the responsibility to discuss the required outages and service interruptions with Facilities Management. In consultation with Facilities Management, the Consultant will establish a schedule for the interruptions, which may adversely impact the project cost and/or time for completion. A description of the restrictions and their basis shall be required. Quiet times such as examination periods shall be observed. Pre-Design Phase

The consultant shall provide a comprehensive building condition report to confirm the viability of renovating the building. The report will include but not be limited to structural, architectural, mechanical, electrical, code compliance, and spatial recommendations.

The Consultant, in consultation with Facilities Management and Housing, the proposed building occupants, shall review and evaluate the preliminary proposal dated December 6, 2013 furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner.



At the completion of the Pre-Design Phase, the Consultant shall prepare for the owner preliminary floor plans, basic concept review and project budget estimate. Project budget estimates shall be developed in consultation with Facilities Management to ensure all parts of the proposed project are included in final estimate.

Conceptual Design 1a. Drawings The minimum drawing submittals in this phase shall include the following: Schematic site plan showing: (1) Project location on campus map (2) Site utilities – sanitary sewer, storm water, high voltage, water, steam, chill water, data wiring, etc. (3) Site improvements, including roads, parking, service areas and site lighting (4) Landscaping concepts and recommended improvements (5) Schematic floor and roof plans; details shall have floor to floor heights indicated (6) Exterior elevations (7) Structural schematic plan (8) HVAC schematic floor plans showing proposed systems and controls (9) Plumbing schematic floor plans (10) Electrical schematic plans, and components description (11) Fire protection system schematic plans (12) Communications schematic plans (13) Equipment listing and location plan 1b. Outline Specifications The outline specifications shall describe the principle features of the overall project. The schematic outline specification shall be presented using the CSI division format. At a minimum, the specifications should consist of the following: (1) An index page covering all anticipated divisions (2) Description of architectural design concept with facts sufficiently complete for a review of major components. Include a listing of all materials and systems used in the design. (3) Mechanical project description defining all systems and their operation, energy conservation issues, design requirements, and preliminary loads (4) Electrical project description defining all systems and their operation and preliminary loads (5) A tabulation of areas, including listing of required spaces, program versus actual (6) Special systems description of design elements not specifically addressed in the Design Guidelines 1c. Estimates Estimates of probable construction costs for all construction related parts of a project shall be provided by qualified quantity surveyors. Project cost estimates shall be developed with Facilities Management to ensure all parts of a proposed project are included in an estimate. 2. Other Reports and documents:

(1) Code compliance documents and report on preliminary reviews with code officials. (2) Proposed plan for CBIP, Green Globes, LEED, Canada Green Building Council (CaGBC) or similar for grants or certification opportunities.



(3) List of special Consultants required for proposal project and the scope of work projected. Design Development Based on the approved concept design submittal, the Consultant shall prepare the design development documents. The Design Development submittal to the University shall consist of (2) two complete sets of the following documents. Additional sets shall be submitted to the regulatory agencies having appropriate jurisdiction. These documents should include the following information: General: During the Design Development phase the Consultant shall include: (1) A written analysis with appropriate calculations of applicable codes (2) Accessibility requirements with code references (3) Green Globes calculation /reference documents as required (4) Description of energy conservation features which are incorporated into the project (5) Life cycle cost analysis of all high energy use equipment (6) Detailed construction cost estimate (7) Project schedule (8) Graphic presentation material as required (9) A waste Management Plan, including a plan for disposal of all chemicals and hazardous materials resulting

from construction – Document to be prepared with Construction Manager when applicable (10) Indoor air quality management plan during construction - Document to be prepared with Construction Manager

or General Contractor when applicable (11) A rough list of equipment and building materials to be salvaged and reused. (12) An updated Commissioning Plan – Document to be developed in consultation with Commissioning Agent (13) Results of detailed energy modeling. (14) Metering on steam, condensate return, power, water etc. (15) A tabulation of building data, including square feet of floor area, cubic content, roof deck “U” factor, heating

load in BTUH, air conditioning in tons, plumbing load in drainage fixture units and gallons per day, water demand in peak L/Min, electrical loads in KVA and kwh/yr, total energy consumption in btu/sf/yr, the design live loads, and number of occupants. Supply plumbing fixture cut sheets.

Outline Specifications The specifications in this phase shall identify all significant architectural, mechanical, and electrical materials and equipment. The CSI division format shall be the basis for the specifications with specific reference to a complete index of anticipated divisions and sub-articles. Special systems, materials, construction, etc. shall take precedence over standard building systems. Drawings Drawings shall reflect an expansion of the conceptual design phase and shall establish the final scope, form, and size of the project. At the minimum, drawings shall present the following: A. Architecture



(1) Floor and roof plans. Floor plans identifying each room or space by name and number. All room numbers must reflect the permanent room numbering signage system. The University must review and approve the room numbering system prior to committing to the drawings.

(2) Typical wall details and significant construction details, selected through the entire building to best show the relationships of architectural and engineering features.

(3) Where applicable elevation drawings of every exterior side of each structure. These elevations should show materials, features, openings, floor and rooflines, grade lines, footings, and everything exposed to view above eaves or parapets. Partial elevations of adjacent campus buildings should also be shown.

(4) Built-in equipment layouts to establish final project requirements (5) Renderings as required. Models or 3-D ‘fly-over’ may be requested but would be considered a reimbursable

expense. (6) Furniture and moveable equipment layouts as required. (7) Reflected ceiling plans with development of indoor lighting concept and locations of grilles, registers, sprinkler

heads, and diffusers. (8) Where applicable exterior materials palette and samples to show any changes in materials, patterns, textures,

and color (9) Room finish schedule showing the types of materials to be used for floors, walls, and ceilings. The proposed

interior finishes concept shall be presented to the University for approval. The University must approve all interior finish materials prior to their specification by the Consultant. The Consultant shall present concepts for the following:

(i) All floor material types and locations (ii) All wall finish materials and locations (iii) Exterior materials, including wood species, brick and/or stone (iv) Millwork locations and materials (v) Ceiling materials and locations

(10) Equipment and furniture layouts for all rooms, indicating the adequacy of the arrangement and configuration of such rooms for planning telephone and data requirements. This includes (major) mechanical equipment layout including size and location with footprints clearly identified.

(11) A tabulation of building data, including square feet of floor area, cubic content, roof deck “U” factor, the design live loads, and number of occupants.

B. Landscape and site improvements (1) Drawings that will establish final scope and details of landscape and site improvement work, including

hardscape and lighting design. (2) Site drawing(s) showing adjacent buildings, significant existing features, new exterior mechanical equipment

locations, proposed construction limits, proposed site improvements, construction staging plans, tree protection plan, landscape plan, traffic control plan, storm water management plan, landscape plan, irrigation plan, and other site data furnished on the previous submittal.

(3) Location and scaled layout of interior, exterior, and walkway trash/recycling sites. C. Site Plans (1) Site plan showing connections to all utilities with routing of new and existing services and connections as well

as special development of storm water management systems (2) Site improvements plan to establish final scope and details of site improvement work and grading; special

emphasis should be given to cut and fill requirements D. Structural



(1) Foundation plan (2) Plans of each building level to show structural systems (3) Drawings to show preliminary sizing of major structural components (4) Drawings to show critical clearances E. Mechanical (1) Floor plans of each building level with single line layout and riser diagrams of piping and ductwork; applies to

HVAC, Plumbing, and Fire Protection / Life Safety systems (2) Fire protection equipment (3) Preliminary equipment sizes and capacities of major system components (4) Equipment layouts for HVAC and plumbing, mechanical rooms, chases, etc. to establish space requirements (5) Acoustical and vibration control systems (6) Energy conservation features (7) An outline specification for the Energy Management Control System. (8) An outline specification, indicating materials, types of construction, and equipment to be used. This should

include a description of each plumbing, HVAC, fire protection, and electrical system design concept. (9) HVAC zoning plan and outdoor air requirements for each zone. Documentation supporting air change

effectiveness of 0.9 or greater in each ventilated zone. F. Electrical (1) Drawings to show plans for lighting, power, communication systems, and fire alarm systems (2) Drawings to show preliminary sizes and capacities of major equipment, schedules, and equipment layout to

establishing space requirements and clearances (3) Riser diagrams (4) Outline of lighting fixture schedule (5) Description and diagram of telephone and data management requirements (6) Drawings showing special equipment (including elevations and details) of elevators, kitchen equipment,

materials handling systems, computers, etc. (7) Update of design calculations and area tabulation. (8) An outdoor site lighting plan, including a lighting schedule, with cut sheets for all exterior light fixtures. Provide

a calculation for line of sight illuminance (light trespass) for luminaries near the project/property line Construction Documents General: (1) Energy conservation analysis prepared in the design development phase shall be updated and submitted for

Facilities Management’s review and approval. (2) The Consultant shall prepare a detailed code analysis that conforms to the requirements prior to

commencement of documentation. (3) A grounds improvement plan shall be required for any disturbance to the grounds by project construction. (4) The Consultant shall submit Accessibility requirements to show the final scope and cost of compliance. (5) The Consultant shall prepare a reconciled estimate of probable construction cost prior to commencement of

documentation. (6) The Consultant shall be responsible for providing materials for presentation as required by Facilities

Management. (7) A draft copy of the general requirements for the project must be submitted at 70 % submission of Construction

Documents.



1. Drawings The contract document drawings shall provide maximum detail (including existing systems) to allow for clear understanding of the scope and size of the project, and to minimize interference between new systems and / or existing systems. Coordinated drawings are required. At a minimum, the drawings required are: A. General (1) Site-use plan showing construction area limits and Trade Contractor parking (2) Recycling and surplus/salvage plan for construction materials (3) Grounds recovery plan if required B. Architecture (1) Site and location plans (2) Tree protection and erosion control plan (3) Dimensional floor plans and details coordinated with lighting, sprinkler heads and diffuser location (4) Reflected ceiling plans and details (5) Building Articles, elevations, details, and schedules (6) Finish details and schedules C. Landscape and Site Improvements (1) Site improvements, site lighting, and details (2) Grading and drainage D. Utilities (1) Site plans for all existing and new utilities (2) Articles and details E. Structural (1) Foundations (2) Framing for floors and roof (3) Schedules and calculations (4) Details and Articles F. Mechanical HVAC (1) Floor plans with double-line layout for ductwork and diffusers (2) Floor plans for HVAC piping (3) Equipment Room layouts and Articles in 1:25 or 1:50 scale (4) Details and necessary elevations and Articles (5) Schedules for all HVAC equipment (6) Flow diagrams for major systems and for controls (7) Piping and air riser diagrams (8) Zone maps to illustrate areas served by the various mechanical systems (9) Temperature control diagrams and sequence of operation description



G. Mechanical Plumbing (1) Floor plans for all applicable services with overhead and under-slab piping shown on separate plans (2) Flow diagrams for major systems (3) Equipment and toilet-room layouts in 1:25 or 1:50 scale (4) Typical details and schedules (5) Piping riser diagrams H. Mechanical Fire Protection and Sprinkler Systems (1) Floor plans with location of sprinkler heads indicated on each floor coordinated with reflected ceiling plans (2) Calculations, schedules, and details I. Electrical (1) Floor plans for lighting coordinated with reflected ceiling plans (2) Floor plans for power, where required elevations to clarify device heights and specific locations (3) Floor plans for low voltage power (4) Power riser diagram (5) Riser diagram for low voltage systems (6) Equipment layouts (7) Details and schedules (8) Telephone, communications and fire alarm riser diagrams, as well as TV and data diagrams J. Equipment and furniture (1) In the interest of time, Mount Allison University may elect to pre purchase equipment and will, in such cases,

require the Consultant to assist in the preparation of equipment bid documents and bidding. Facilities Management will coordinate the equipment procurement, assignment, and delivery schedule.

(2) Plan, Article, elevations, and details are required from the Consultant. II Specifications The CSI division format shall be utilized. General conditions and supplementary general conditions shall be coordinated with Mount Allison University through Facilities Management. When specifying materials and equipment, the Consultant shall reference names of at least three manufacturers suitable for meeting the desired quality standard. Specific exceptions can be found in the Design Guidelines (under development) and reviewed in advance with Facilities Management. Construction Administration and Project Close-Out Phases The Consultant shall be responsible for, but not limited to, the following: (1) Site observations, reports, and responses to Trade Contractor RFI request (2) Attendance at construction progress meetings, including representatives from all disciplines of the design,

prebid, bidding and preconstruction meetings (3) Owner’s meetings to review safety, schedule, change orders and any site or design items, meetings to require representatives from all disciplines of the design (4) Deficiency list items to be organized prior to submission to the Trade Contractor and to include the comments

from Facilities Management.



(5) After completion of deficiency list items by the Trade Contractor, the Consultant shall submit to Facilities Management a report of field verification and status of items. This status report will be updated at regular intervals until all deficiency list items are resolved to Facilities Management’s satisfaction. It is the intent that the Owner and the Consultant provide 2 complete formal inspections of each discipline.

All Owner, Consultant and Construction Manager costs for travel and man-hours for additional inspections at either of these completion stages which are required either by failure of the Trade Contractor to complete the noted deficiency list items, or by erroneous notices that the Work is ready for such inspections, will be the responsibility of the Trade Contractor. Such costs will be deducted from the Contract amount in the form of a Change Order. The Consultant shall review the Operating and Maintenance Manuals submitted by the Trade Contractor(s) or Construction Manager prior to submission to Facilities Management. These manuals shall include as a minimum, but not be limited to, the following:

(1) Table of contents (2) List of Trade Contractors, material suppliers, and installers with contact names and phone numbers for

both business hours and “emergency” after hours contact. (3) List of manufacturers of all equipment with their address and telephone number included (4) Shop drawings (5) Manufacturer catalog cuts of equipment and materials with clearly indicated type and model used in

project with capacity table, parts list, and maintenance instructions indicated (6) Wiring diagrams for controls, including updated sequence of operation (7) List of interior furnishings by manufacturer, latest updated colour schedule including color numbers,

paint mixing codes, etc., with maintenance procedures (8) Operating instructions (9) Fan and pump curves for the specific equipment on the project (10) Copy of balance report and field notes (11) Preventative maintenance requirements for all HVAC and related equipment (12) Review and approval of all guarantees and warranties (13) Signed off itemized maintenance material list

The Consultant shall provide and maintain Site Instruction, RFI, CCO, CO logs during the construction phase. A copy of this log shall be provided to Facilities Management on a monthly basis. This log shall contain, but not be limited to, the following information: - RFI Summary - CCO Summary - CO Summary - Time extension requests and or approvals affecting project schedule - Description of proposed changes - Reason for proposed changes – (1) Error,

(2) Design Omission (Value Added, or No Value Added) (3) Unforeseen, (4) Code Compliance (5) Owner Requirement (6) Material Changes (7) Other

(6) The Consultant, in coordination with the Construction Manager, shall provide consultation to Trade

Contractor and Facilities Management for operational training of Facilities Management’s maintenance personnel. Consultant shall assist Facilities Management in defining correct operational parameters of new mechanical/electrical systems.

Post Construction Documentation



Mount Allison University requires Record Drawings at completion of the Project. The Consultant shall be responsible for the preparation of Record Drawings in both hard copy and electronic format. Electronic format to be provided in both ‘DWG’ and ‘PDF’ formats. The contract documents shall be prepared to require the Construction Manager and/or Trade Contractor(s) / Sub-Trade Contractors to provide a marked copy of project drawings to the Consultant to indicate all changes made during construction. Final payments to Consultant, Construction Manager or Trade Contractor shall not be approved until required submissions have been received by the applicable party or Consultant approved Record Drawings have been received by the Owner. The CAD files and reproducible plans shall be updated to reflect actual construction and marked “RECORD”, and will include all addenda, site instructions, change orders etc. Optional methods of construction not used should be crossed out and marked “NOT AS-BUILT” or removed. DWG drawing shall be self-contained, complete or ‘bound’ drawings and not require import of x-references. Project Record USB flash drive shall also include copies of all “issued for construction drawings”, all specifications in MS Word Format and PDF, copies of all Addenda’s, CCO’s, CO’S and Supplementary or Site Instructions issued. At the close-out of the project, the Consultant shall furnish to Facilities Management: (1) One copy of CAD files digital media on USB flash drive, compatible with the “most current” CAD version in

use by Facilities Management. A copy of the current standard can be obtained from Facilities Management. (2) 2 Sets of Maintenance Manuals in printed and I set in digital form as prepared by the Construction Manager

and/or General Contractor and Trade Contractors. Consultant will be responsible to review all submittals for completeness and accuracy.

(3) Complete record documents shall be submitted to Facilities Management for final review and approval. Review comments shall be incorporated into the final submittal of reproducible record documents. Final submittal will include one (1) set of printed drawings.

(4) Itemized list of required maintenance materials to be provided by General Contractor and/or Trade Contractors signed by Facilities Management. Consultant will be required to include preliminary itemized list with all required close-out documentation in the original tender documents.

(5) Signed of Demonstration and Training sign-off sheet to confirm training sessions and attendance by relevant consultant and owner’s staff.

Warranty Inspection Documentation Approximately two months prior to the end of the one year warranty period the Consultant shall, in consultation with the Owner and the Construction Manager and/or General Contractor, visit the site and perform a "warranty" inspection. The Consultant will furnish the Owner and Genaral Contractor and/or Construction Manager with a list of all items requiring correction. Upon confirmation by the Construction Manager and/or General Contractor that all warranty items have been addressed, the Consultant will re-inspect the Project and perform a second and final “warranty” Inspection. It is the intent that the Owner and the Consultant provide 2 complete formal inspections of each discipline. All Owner, Consultant and Construction Manager costs for travel and man-hours for additional inspections at either of these completion stages which are required either by failure of the General Contractor and/or Trade Contractor to complete the noted deficiency list items, or by erroneous notices that the Work is ready for such inspections, will be the responsibility of the General and/or Trade Contractor. Such costs will be deducted from the Contract amount in the form of a Change Order. When the Consultant is satisfied that all deficiencies have been rectified and the Work is complete, the Consultant shall arrange for the execution of the Total Performance Certificate. ---------------------------------------------------------------------------END--------------------------------------------------------------------------

Schedule of Responsibilities for Capital Projects RFP# HARP-20-01


Schedule of Responsibilities for Capital Projects

APPENDIX “H”



CONSULTANTS

ITEM

Consultant’s Responsibilities

University’s Responsibilities

Construction Manager’s

Responsibilities

Basic

Services

Additional Services

Functional Programming Consultant

Structural Engineering Services

Mechanical Engineering Services

Electrical Engineering Services

Landscape Architectural Services

Y

Cost Estimating Services

If Applicable

Materials Consulting Services

Civil Engineering Services

Fire Code Consulting Services

Interior Design Services

Hazardous Material Services

Coordination

Required

Y

Others as identified in RFP

PRE-DESIGN PHASE

Task




Responsibilities

Basic

Services

Additional Services

Review and or Development of Statement of Requirements

Investigate Existing Conditions

Measured Drawings

Where available

Certified Land Survey

Geotechnical or Soils Report

Toxic and Hazardous Materials Report

Functional Programming

Investigate Existing Conditions



(including existing infrastructure) Preliminary Concept Design Documents

Estimate of Construction Cost

The next phase will not commence until the University is satisfied that the Consultant has completed the services required under this phase as defined in Appendix “G” and the University authorizes proceeding to the next phase.

CONCEPT DESIGN PHASE

Task




Responsibilities

Basic

Services

Additional Services

Final Review of Statement of Requirements or Building Program

Finalize Investigation of Existing Conditions

If Applicable

Concept Design Documents


If Applicable

Other


DESIGN DEVELOPMENT PHASE

Task




Responsibilities

Basic Services

Additional Services

Design Development Documents


If Applicable

Other




CONSTRUCTION DOCUMENTS PHASE

Task




Responsibilities

Basic

Services

Additional Services

Drawings

Specifications


If Applicable

Preparation of Bidding Information and Construction Contract Conditions

If Applicable

Other


PROCUREMENT - REQUEST FOR PROPOSALS PHASE

Task

Consultant’s

Responsibilities



Responsibilities

Basic Services

Additional Services

Bid Call

If Applicable

Bid Receipt

Bid Review

If Applicable

Contract Negotiations

If Applicable

Preparation of Contract

(Where applicable)

(Issue Purchase Order)

Other



CONSTRUCTION PHASE & CONTRACT ADMINISTRATION (GENERAL REVIEW)

Task




Responsibilities

Basic Services

Additional Services

General Review

If Applicable

Office Functions

Obtain Proof of Bonds and Insurance Policies

If Applicable

Submit Construction Schedule

(Review & Final

Approval)

If Applicable

Supplementary Details and Instructions

If Applicable

Shop Drawing Review

If Applicable

Change Orders

(Review & Final

Approval)

If Applicable

Review Trade Contractor’s Documentation at Project Completion

If Applicable

Site Functions

Site Meetings

If Applicable

Site Visits

Consultant Co-ordination

Inspection & Testing Services (Subject to Article 4.2)

If Applicable

Contract Document Interpretation

Certificate for Payment Submission

(Review & Final

Approval)

If Applicable

Substantial Performance Certification

(Review & Final

Approval)

If Applicable

Close-out Documentation Review

(Review & Final

Approval)

If Applicable



Final Performance Certification

(Review & Final

Approval)

If Applicable

Other

POST CONSTRUCTION PHASE

Task




Responsibilities

Basic

Services

Additional Services

Site Functions

Warranty Review

If Applicable

Warranty List Preparation

If Applicable

Final Sign-Off

(Review & Final

Approval)

If Applicable

Other



NEGOTIATIONS WITH AUTHORITIES HAVING JURISDICTION (INCLUDING APPLICATIONS, PRESENTATIONS AND PUBLIC HEARINGS)

ITEM




Responsibilities

Basic Services

Additional Services

MUNICIPAL

Zoning or Land Use Amendment

(Where applicable)

Site Development Review

Development Approval / Agreement

Zoning By-law Variance / Development Appeal

Building Permit

(Document Preparation assistance)

(Payment for permit where applicable)

If Applicable (Application)

Other

REGIONAL

Planning

Health

Work / Roads / Engineering

Conservation

Other

PROVINCIAL

Housing

Labour

Health

Fire Marshal

Elevating Devices

If Applicable

Transportation

Communications



Environment Social and Family Services

Municipal Board

Liquor Licensing Board

Y (Where

Applicable)

Other

FEDERAL

CMHC

Other

---------------------------------------------------------------------------------END--------------------------------------------------------------------------------

Project Schedule Milestones RFP# HARP-20-01


Appendix “I”

Project Schedule Milestones The project schedule milestones are to be developed further in conjunction with the successful Proponent Project Phase Milestone Dates RFP Advertisement

November 19, 2019

RFP Documents Available

November 19, 2019

Pre-Proposal Site Visit

December 02, 2019

Questions Due

December 10, 2019

Final Addendum Issued

December 16, 2019

Proposal Due

January 16, 2020

Consultant Short List Announced

January 16, 2020

Consultant Presentation

February 03 & 04, 2020

University Selects Consultant

February 18, 2020

Pre-Design Phase

March 02 – May 29, 2020

Project Start-Up Meeting

March 03, 2020

Pre-Design Submission

May 15, 2020

Pre-Design Approval by Mount Allison

May 29, 2020



Concept Design Phase

May 29 – August 28, 2020

Concept Design Submittal

August 14, 2020

Concept Design Approval

August 28, 2020

Design Development Phase

August 31 – November 27, 2020

Design Development Submittal

November 13, 2020

Design Development Approval

November 27, 2020

Construction Document Phase

November 30, 2020 - July 30, 2021

Construction Documents 70% Submittal

April 16, 2021

Construction Documents 70% Approval

April 30, 2021

Construction Documents 100% Submittal

July 09, 2021

Construction Documents 100% Approval

July 30, 2021

START OF FOLLOWING PHASES ARE SUBJECT TO BUDGET APPROVAL Construction Bidding or Negotiating Phase

August 02 – October 29, 2021

Issuance of Purchase Order

October 2021

GC and/or Trade Contractor Shop Drawing Approval Phase

November 01, 2021 – April 22, 2022

Contractor Shop Drawing Submittals and Ordering Phase

Construction Phase

April 25, 2022 – July 28, 2023



Mobilization for Construction Start Phase 01

April 25, 2022

Construction Start Harper Hall

May 02, 2022

Substantial Performance Harper Hall

June 02, 2023

Owner Occupancy

July 28, 2023

Project Warranty Phase

Exact dates TBD June 03, 2023 – June 02, 2024

Project Close-Out

Exact date TBD August 31, 2024

Request for Proposals Consulting Services for Renovations … · 2019-11-19 · Request For...

Documents

Transcript of Request for Proposals Consulting Services for Renovations … · 2019-11-19 · Request For...