REQUEST FOR PROPOSALS - Hudson's...

REQUEST FOR PROPOSALS THIS IS NOT AN ORDER

Proposal Delivery Office: BC Hydro Bid Station (main floor) 6911 Southpoint Drive Burnaby, BC V3N 4X8, Canada

Proposals for the provision of consulting services (the “Services”) specified in this Request for Proposals (“RFP”) shall be received by British Columbia Hydro and Power Authority (“BC Hydro”) UNTIL 11:00:00 a.m. Pacific Time on September 7, 2016 (the “Closing Time”). Reference # 595831

Phone: 604-699-7272 Email: [email protected] Procurement Contact: Alison Hall Issue Date: August 16, 2016

Title: Consultant for the District of Hudson’s Hope Shoreline Protection Berm, Reconstruction of DA Thomas Road, Boat Launch and Day-Use Recreation Site PART 1 INTRODUCTION, DEFINITIONS, AND INSTRUCTIONS TO PROPONENTS ............. 3

SECTION 1 - INTRODUCTION AND DEFINITIONS .......................................................... 3 SECTION 2 - INSTRUCTIONS AND TERMS FOR SUBMISSION OF PROPOSALS ........ 5 SECTION 3 - CLARIFICATION OF INFORMATION .......................................................... 9 SECTION 4 - PROPOSAL EVALUATION AND AWARD .................................................. 9 SECTION 5 - OWNERSHIP & CONFIDENTIALITY ..........................................................12 SECTION 6 - SPECIAL FEATURES – NOT USED ...........................................................12 SECTION 7 - ADDITIONAL INFORMATION ....................................................................12 APPENDIX 1-1 REQUIREMENTS ....................................................................................16 APPENDIX 1-2 PROPOSAL EVALUATION CRITERIA ...................................................17

PART 2 AGREEMENT .............................................................................................................18 APPENDIX A DEFINITIONS AND INTERPRETATION ....................................................32 APPENDIX B SCOPE OF SERVICES ..............................................................................35 APPENDIX C COMPENSATION ......................................................................................36 APPENDIX D INSURANCE ..............................................................................................40 APPENDIX E CHANGE ORDER FORM ...........................................................................42 APPENDIX F CHANGE DIRECTIVE FORM .....................................................................44 APPENDIX G SOCIAL AND ENVIRONMENTAL RESPONSIBILITY ...............................46 APPENDIX H SPECIAL CONDITIONS .............................................................................49 APPENDIX I ABORIGINAL INCLUSION AND REPORTING REQUIREMENTS ..............57 APPENDIX J SAFETY ......................................................................................................60 APPENDIX K LABOUR WORKFORCE ............................................................................80 APPENDIX L QUALITY MANAGEMENT.........................................................................87 APPENDIX M ENVIRONMENTAL OBLIGATIONS ...........................................................90

PART 3 FORM OF PROPOSAL ............................................................................................. 105 SCHEDULE 3-0 PROPONENT’S INFORMATION .......................................................... 110 SCHEDULE 3-1 QUESTIONNAIRE ................................................................................ 111

RFP Consulting Services (with Site Work) 1 Release Date: December 30, 2014

SCHEDULE 3-2 COMPENSATION ................................................................................ 123 SCHEDULE 3-3 PROPONENT’S REFERENCES ........................................................... 124 SCHEDULE 3-4 PERSONAL INFORMATION CONSENT FORM(S) .............................. 125 SCHEDULE 3-5 RELATIONSHIP DISCLOSURE STATEMENT: CONFLICT OF INTEREST AND UNFAIR ADVANTAGE ........................................................................ 126 SCHEDULE 3-6 EXCEPTIONS ....................................................................................... 128


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PART 1 INTRODUCTION, DEFINITIONS, AND INSTRUCTIONS TO PROPONENTS

SECTION 1 - INTRODUCTION AND DEFINITIONS

Introduction 1.1 The Site C Clean Energy Project (“the Project”) will be a third dam and hydroelectric generating station on the Peace River in northeast B.C. The Project will provide 1,100 megawatts (MW) of capacity and about 5,100 gigawatt hours (GWh) of energy each year to the province’s integrated electricity system. The main Project components include an earthfill dam, a generating station and associated structures, an 83-kilometre-long reservoir, two 77-kilometre transmission lines along an existing right-of-way connecting Site C to Peace Canyon, and the re-alignment of six sections of Highway 29 along the reservoir. The Project underwent a cooperative environmental assessment by the Canadian Environmental Assessment Agency (“CEAA”) and the BC Environmental Assessment Office (“EAO”), including a Joint Review Panel process, and received environmental approvals on October 14, 2014, subject to 77 Provincial and over 80 Federal conditions. A final investment decision was made by the Province of BC on December 16, 2014. Construction of Site C started in late July 2015. This Request for Proposals is issued by BC Hydro to obtain Proposals from parties wishing to provide the following Services to BC Hydro: The Consultant shall provide preliminary and detailed design services for: (a) Hudson’s Hope Shoreline Protection Berm; (b) DA Thomas Road; and (c) Boat Launch and Day-Use Recreation Site.

The creation of a Site C reservoir will require upstream protection to protect the shoreline from the effects of the future reservoir within the District of Hudson’s Hope, British Columbia (“Hudson’s Hope”). Slope mitigation would take the form of a shoreline protection berm constructed from granular fill material and protected with riprap at the reservoir level. Construction access will be provided via DA Thomas Road (refer to Appendix 1-1 Requirements, Figure 1 – District of Hudson’s Hope Shoreline Protection Berm Conceptual Design), which will require reconstruction of the roadway to a two-lane design standard prior to the shoreline protection berm construction. As part of the shoreline protection berm design, a recreational feature will be included into the design which will include a boat launch and day-use recreation site.

Please refer to Appendix 1-1 Requirements for more details.


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Definitions 1.2The following capitalized terms have the following meanings. Other definitions that are associated with the Agreement are indicated in Part 2, Appendix A.

(a) “Aboriginal” means Indian (as defined by the Indian Act), Métis, or Inuit.

(b) “Aboriginal Business” means a business that meets the following criteria:

(i) is a sole proprietorship, wholly owned by an Aboriginal person; (ii) is a corporation with at least 51% of the equity, including any common or

voting shares, directly owned by one or more Aboriginal Businesses or Aboriginal persons;

(iii) is a partnership or joint venture having at least 51% of the ownership rights, including any voting rights, directly held by one or more Aboriginal Businesses or Aboriginal persons; or

(iv) is any other business with a substantial amount of ownership rights held by one or more Aboriginal Businesses or Aboriginal persons, as determined by BC Hydro.

(c) “Aboriginal Content” means that Proponent is an Aboriginal Business or supports Aboriginal Inclusion in its business practices.

(d) “Aboriginal Inclusion” means an offer from a business that does not meet the definition of an Aboriginal Business, but demonstrates:

(i) the inclusion of Aboriginal Businesses and Aboriginal persons; (ii) ownership interests of Aboriginal Businesses and Aboriginal persons;

and/or (iii) measures Proponent will provide in its provision of the Services to benefit

Aboriginal Businesses and Aboriginal persons.

(e) “BC Bid e-service Delivery Method” means electronic submission to BC Hydro through the BC Bid e-service offered to BC Bid subscribers, and subject to the terms of this Part 1.

(f) “BC Hydro” means British Columbia Hydro and Power Authority.

(g) “Closing Time” means the date and time specified on page 1 of this RFP.

(h) “Consultant” means the successful Proponent under this RFP.

(i) “Bid Station Delivery Method” means the physical delivery by hand, courier or post to the Proposal Delivery Office.

(j) “Potential Proponent” means a person or organization who has received this RFP.

(k) “Procurement Contact” means the person named on page 1 of this RFP who has the authority to issue the RFP and manage the RFP process on behalf of BC Hydro.


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(l) “Proponent” means a person or organization who submits a Proposal in response to this RFP.

(m) “Proposal Delivery Office” means the BC Hydro office specified on page 1 of this RFP.

(n) “Restricted Party” is a person, entity, firm or organization (including their former and current employees) who:

(i) is participating or is involved in this competitive procurement process or in the design, planning or implementation of the Project or who has participated or has been involved; and

(ii) may provide a material unfair advantage or material confidential information to any Proponent that is not, or would not reasonably be expected to be, available to other Proponents.

(o) “RFP Documents” means page 1 of this RFP and the following documents:

(i) Part 1 - Introduction, Definitions, and Instructions to Proponents; (ii) Part 2 - Agreement; (iii) Part 3 - Form of Proposal; (iv) Addenda, if any; and (v) Question and Answer Series, if any.

In addition to the foregoing, for greater certainty, whenever this Part 1 of the RFP Documents speaks of a determination to be made by BC Hydro, or reserves to BC Hydro the right to take or not take a particular action or make a particular decision or determination, BC Hydro shall be entitled to make such a determination, or exercise such a right, in its sole and absolute discretion.

SECTION 2 - INSTRUCTIONS AND TERMS FOR SUBMISSION OF PROPOSALS

Instructions for Submission of Proposals 2.1(a) Form and Content - Proponents should complete all of the Form of Proposal

and supply all of the information requested by the Schedules, and should submit their Proposals in the English language on copies of the Form of Proposal, with applicable Schedules, as set out in this Section 2.

(b) Delivery Options - The Proponent must deliver its Proposal and any amendments thereto by using one of the following two delivery methods, which the Proponent may choose at its option:

(i) the BC Bid e-service Delivery Method; or

(ii) Bid Station Delivery Method.

Proposals received by facsimile transmission or email will not be considered.


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Once the Proponent has chosen a delivery method, it should continue to use that method during the course of the procurement process. BC Hydro reserves the right not to consider documents that are submitted using a different delivery method from the one initially chosen.

(c) BC Bid e-service Delivery Method – If the Proponent chooses the BC Bid e-service Delivery Method, then the following provisions shall apply:

(i) The Proponent must have an “e-Bidding Key” as defined in the BC Bid Terms and Conditions, and understands that the use of the e-Bidding Key is the legal equivalent to its authorized signature and constitutes the Proponent’s agreement to be bound by the terms and conditions of the RFP Documents, and by the statements and representations to which the e-Bidding Key is affixed;

(ii) The Proponent should deliver the Proposal and any amendments thereto using the BC Bid e-Service Delivery Method;

(iii) The Proponent shall be responsible for reviewing any guidelines and the BC Bid Terms and Conditions applying to and governing the use of the BC Bid e-service;

(iv) BC Hydro shall in no way whatsoever be responsible or liable, including in contract or tort, for any mistakes, errors, omissions, oversights, statements, representations, or warranties in any guideline, guidance or information, written or oral, given to Proponents by or on behalf of BC Hydro regarding or in connection with the BC Bid e-service, including without limitation, the use of the BC Bid e-service or the BC Bid e-service Delivery Method, further including without limitation, where such mistakes, errors, omissions, oversights, statements, representations, or warranties, lead or contribute, directly or indirectly, to a Proponent making mistakes, errors, omissions or oversights, or the Proponent’s Proposal being disqualified; and

(v) Except where expressly stated otherwise in this Part 1 Introduction, Definitions, and Instructions to Proponents, the BC Bid Terms and Conditions shall be and are hereby incorporated by reference into and form a part of this Part 1 and

(A) this Part 1 is not intended to limit or narrow the application, interpretation or operation of the BC Bid Terms and Conditions, and

(B) the BC Bid Terms and Conditions are not intended to narrow the application, interpretation or operation of this Part 1.

Notwithstanding the above, in the event of a conflict between any term in this Part 1 and a term in the BC Bid Terms and Conditions, the term in this Part 1 shall prevail.


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(d) Bid Station Delivery Method – If the Proponent chooses to deliver its Proposal to the BC Hydro Bid Station, then the following provisions shall apply:

(i) The Proponent should deliver the Proposal and any amendments thereto using the Bid Station Delivery Method;

(ii) The Proponent should submit three (3) hard copies and one electronic copy (“pdf” on a CD or USB flash drive) of its Proposal. The electronic copy will be deemed to be the correct copy;

(iii) The Proponent should submit sealed packages marked with Proponent’s name and the BC Hydro Reference number to the Proposal Delivery Office specified on page 1. Ensure all external labels and courier address instructions clearly indicate delivery to the Bid Station (courier desk/main floor); and,

(iv) The Proponent should execute the Proposal, but need not execute it under seal. Where Proponent is a corporation or partnership, execution of the Proposal should be duly attested by the signature(s) of authorized signing officer(s) of the corporation or partnership. Where Proponent is a joint venture, each member of the joint venture should execute the Proposal.

Delivery and Receipt of Documents / Functioning of Electronic Systems 2.2BC Hydro assumes no risk, makes no guarantee, warranty or representation whatsoever, and shall have no responsibility or liability, including in contract or in tort, whatsoever, for or in connection with: (a) the timely delivery of any information or documentation, including without

limitation, these RFP Documents, whether by BC Bid e-service, by mail, by courier, by hand, by email, or otherwise, in connection with this RFP;

(b) the timely receipt of any Proposals, revisions, notice of withdrawals, or any other

information or documentation from any Proponent or any person, or; (c) the working order, functioning or malfunctioning, of email transmission or any

electronic information system, including without limitation, BC Bid e-service.

Delivery by Closing Time 2.3

(a) Closing Time – Proponents must submit their Proposals to BC Hydro not later than the Closing Time, either by the BC Bid e-service Delivery Method or by the Bid Station Delivery Method. Proposals received after the Closing Time will not be considered. Proposals submitted by the BC Bid e-service Delivery Method shall be deemed to have been delivered after the Closing Time if the transmission of the Proposal begins before the Closing Time but is not completed until after the Closing Time.

(b) Closing Time Extension - BC Hydro may extend the Closing Time for any reason and, in that event, the extended time shall become the new Closing Time. Extensions of the Closing Time shall be by written Addendum only, which shall be made available on the BC Bid website.


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(c) Date and Time Stamp - All Proposals received by the Bid Station Delivery Method will be date and time stamped at the Proposal Delivery Office, and the clock then in use for that purpose at the Proposal Delivery Office shall conclusively be deemed to be correct as to the date and time of delivery. Proposals received by the BC Bid e-service Delivery Method will be date and time recorded in accordance with BC Bid’s procedures from time to time, and such recording shall conclusively be deemed to be correct as to the date and time of delivery.

Proposal Preparation Costs 2.4BC Hydro is not responsible to pay any costs or expenses incurred by any Proponent or Potential Proponent in preparing its Proposal or otherwise in participating in this RFP process. The participation in this RFP process is at Proponent’s or Potential Proponent’s sole risk and cost.

Amendments to Proposals 2.5Amendments to Proposals may be submitted in writing through the BC Bid e-service Delivery Method or the Bid Station Delivery Method, as determined by the Proponent’s original Proposal submission, at any time before the Closing Time. Any amendment should be signed by an authorized signatory of Proponent and submitted in accordance with this Section 2.

Proposal Opening 2.6After the Closing Time, BC Hydro shall open the Proposals and make the names of Proponents publicly available at www.bcbid.gov.bc.ca. No prices or other details of the submitted Proposals will be provided.

Right to Amend or Terminate RFP Process 2.7BC Hydro is not under any obligation to award a contract and reserves the right to amend by Addendum any term of the RFP Documents or to terminate this RFP process at any time.

No Contractual or Legal Obligations 2.8The RFP Documents are not intended to constitute, or be interpreted as, a call for tenders, and the submission of a Proposal is not intended to create any contractual or other legal obligations or duties whatsoever owed to any Proponent or Potential Proponent by BC Hydro, including any obligation or duty to accept or reject a Proposal, to enter into negotiations or decline to enter into or continue negotiations, or to award or not award an agreement. Without restricting the generality of the foregoing, no contractual relations shall exist between BC Hydro and any Proponent until the execution of an agreement with that Proponent, except for any waivers, releases, exclusions or limitations of liability, confidentiality and/or indemnity obligations or other covenants or agreements made, given or accepted by Proponent in the Form of Proposal or otherwise in connection with this RFP process.

Withdrawal of Proposals 2.9A Proposal may be withdrawn by using the BC Bid e-service Delivery Method or submitting a written notice of withdrawal to the Procurement Contact. The written withdrawal notice may be submitted by courier or hand delivery to the Proposal Delivery Office identified on page 1, or email to the Procurement Contact at the email address


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specified on page 1. A Proposal withdrawn after the Closing Time cannot be resubmitted. No withdrawn Proposals will be returned by BC Hydro.

SECTION 3 - CLARIFICATION OF INFORMATION

3.0 Site Visit and/or Information Session – NOT USED

Duty to Inform 3.1While BC Hydro has made efforts to ensure an accurate presentation of information in the RFP Documents, Proponents or Potential Proponent’s will conduct their own investigations and due diligence into the facts. It shall be Proponent’s or Potential Proponent’s sole responsibility to fully inform itself of all aspects of providing the Services, and of all risks, contingencies and other circumstances that may influence its evaluation of the cost to it of providing the Services or affect the contents of its Proposal, before submitting a Proposal. BC Hydro, its directors, officers, employees, agents and consultants shall not be liable, and Proponent or Potential Proponent shall have no claim against any one or more of them, for damages, losses, costs or expenses of any nature whatsoever, incurred by Proponent or Potential Proponent in respect of the provision of labour, services, or materials relating to provision of the Services, resulting from any misunderstanding by Proponent or Potential Proponent as to the nature and scope of, and the risks and conditions relating to, provision of the Services.

Communications During RFP Process 3.2All communications related to this RFP are to be in writing, should indicate the BC Hydro Reference #, and should be directed only to the Procurement Contact designated on page 1 of this RFP. Further information on how to obtain clarification of information in this RFP or about this RFP is described in the rest of this Section 3. The only communications allowed by email are for the submission of questions under 3.3(a) Question and Answer Series and Addenda and for the withdrawal of Proposals under 2.9.

Question and Answer Series and Addenda 3.3(a) Proponents or Potential Proponents should seek clarification of any part of the

RFP Documents by submitting questions in writing to the email address shown on page 1, addressed only to the Procurement Contact, at least 3 business days before the Closing Time. BC Hydro reserves the right to not consider any clarification request received after that date.

(b) BC Hydro shall answer all requests for clarification by a written Question and Answer Series. BC Hydro may also issue written clarifications, on its own initiative as it deems necessary, by way of written Addendum. All Question and Answer Series and Addenda shall be made available on the BC Bid website only. BC Hydro shall not be responsible for any instructions or information given to any Proponent or Potential Proponent unless given through a written Question and Answer Series or by written Addendum.

SECTION 4 - PROPOSAL EVALUATION AND AWARD

Proposal Evaluation 4.1Appendix 1-2 Proposal Evaluation Criteria attached hereto describes the criteria which will be used by BC Hydro to evaluate Proposals received in response to this RFP.


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Proponents may request a general debriefing upon completion of this RFP process; however, BC Hydro shall have no obligation to, at any time, inform Proponents of the specific details of its evaluation process or of the specific ranking assigned to any evaluated Proposal.

For the purposes of Proposal evaluation, BC Hydro may take into account any or all of the information received from Proponent under or pursuant to the RFP Documents, BC Hydro’s knowledge of, and past experience with, Proponent (including Proponent’s performance on previous contracts with BC Hydro, if any), and any information about Proponent received from third parties and deemed reliable by BC Hydro.

BC Hydro will form an evaluation team to evaluate Proposals. The evaluation team may include third party representatives.

BC Hydro’s Rights 4.2Notwithstanding anything to the contrary contained in the RFP Documents, BC Hydro may:

(a) accept any Proposal or portion of a Proposal it considers advantageous, including a Proposal which is not the lowest in price, whether overall or with respect to any particular portion of the Proposal;

(b) reject, without necessarily proceeding with full evaluation, any Proposal that, in BC Hydro’s determination: (i) lacks adequate clarity or fails to provide sufficient information to enable

BC Hydro to carry out full and proper evaluation of that Proposal; (ii) is technically or commercially unacceptable; (iii) fails to establish that the Proponent has adequate qualifications, capacity,

experience, commercial credibility or financial and other resources to perform the Services;

(iv) fails to establish an adequate level of Proponent’s safety, environmental and social responsibility; or

(v) fails to comply with Part 1, Section 2, 2.1(a);

(c) reject, without necessarily proceeding with full evaluation, any Proposal submitted by a Proponent who: (i) in BC Hydro’s determination, has, or if awarded the Agreement would

have, an actual, apparent or potential conflict of interest as described in the Contractor Code of Conduct, unless the Proponent has provided the required written disclosure of the conflict of interest in its Proposal, and has also provided a detailed undertaking satisfactory to BC Hydro for resolving the conflict of interest if the Proponent is awarded the Agreement;

(ii) to BC Hydro’s knowledge or belief, based on information deemed reliable by BC Hydro, has previously failed to comply with, in any way, the Contractor Code of Conduct; or

(iii) to BC Hydro’s knowledge or belief, based on information deemed reliable by BC Hydro, has breached any of the terms and conditions of any applicable confidentiality and non-disclosure agreement in effect between BC Hydro and the Proponent;


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(d) negotiate any or all terms and conditions of the Agreement with any one or more Proponents, but not necessarily all Proponents, and to do so serially or concurrently;

(e) negotiate and enter into an agreement on terms and conditions different than those contained in the RFP Documents and/or any Proposal;

(f) choose not to enter into negotiations with any one or more Proponents; (g) terminate negotiations with any one or more Proponents at any time; (h) choose not to award any agreement to any Proponent; (i) terminate this procurement process at any time for any reason; (j) choose to not offer the same or substantially the same or comparable terms and

conditions of a proposed Agreement to more than one Proponent with which BC Hydro may conduct negotiations; and

(k) enter into separate Agreements for different portions of the Services, with any one or more Proponents and to structure the evaluation and ranking of Proposals, including create more than one ranking list, as it considers appropriate to facilitate the award of such separate Agreements, if any.

Clarifications and Further Information 4.3Notwithstanding any other provision of the RFP Documents, and in addition to the rights reserved under 4.2, BC Hydro reserves the right: (a) to seek further information (including any missing non-mandatory items) with

respect to, or clarification of, any Proposal submitted by any Proponent, including for the purposes of incorporation of terms and conditions that are or may be different that those contained in the RFP Documents and/or any Proposal. Such information or clarification may be sought from any one or more Proponents, but not necessarily all Proponents, and may be sought at any time either serially or concurrently;

(b) not to seek further information or clarification from any one or more Proponents; (c) to terminate for any reason the seeking of further information and clarification

from any one or more Proponents; (d) to seek different further information or clarifications from different Proponents; (e) to seek confirmation that the inclusion of any “personal information” about an

individual in a Proposal has been consented to by that individual; and (f) to request additional information and/or proof of Aboriginal eligibility. Any and all further information or clarifications received by BC Hydro pursuant to this Section 4.3 with respect to a Proposal shall be deemed to form part of that Proposal.

In-Person Presentations 4.4Proponents are advised that, in order to facilitate BC Hydro’s understanding of the Proposals, any or all Proponents may, upon prior written notice, be required to make an in-person presentation of their Proposals in BC Hydro offices.

Agreement Formation and Award 4.5The Agreement is awarded and comes into existence when BC Hydro and the successful Proponent execute the Agreement included in Part 2 of the RFP Documents, as the same may be amended or replaced through negotiations between the parties.


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SECTION 5 - OWNERSHIP & CONFIDENTIALITY

FOIPPA 5.1BC Hydro is subject to the (BC) Freedom of Information and Protection of Privacy Act and associated regulations, as the same may be replaced, amended or supplemented from time to time (collectively, “FOIPPA”), a copy of which is available at http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00.

Proponents’ Trade Secrets 5.2Part 3 - Form of Proposal requires Proponents to identify any information or records submitted in their Proposals that they are supplying to BC Hydro in confidence and consider to constitute trade secrets or commercial, financial, labour relations, scientific or technical information, the disclosure of which could reasonably be expected to harm significantly their, or a third party’s, competitive or negotiating position or result in any undue financial loss or gain. Part 3 - Form of Proposal provides that BC Hydro shall not be liable for disclosure, pursuant to a request under FOIPPA, of any information or record submitted by a Proponent that is not so identified by that Proponent, or that BC Hydro is otherwise compelled to disclose.

Ownership of Proposals 5.3All Proposals, including any documents submitted to BC Hydro by a Proponent in connection with a Proposal or pursuant to the RFP Documents, become the property of BC Hydro and shall not be returned to Proponents. They will be received and held by BC Hydro in confidence and, subject to the provisions of FOIPPA and any other applicable legal or regulatory requirements, shall not be disclosed to third parties, except as may be necessary for the proper evaluation of the Proposals.

Confidentiality of RFP Documents 5.4A Proponent, a Potential Proponent and any person who has received a copy of the RFP Documents shall not, without the prior written permission of BC Hydro, use, reproduce or distribute all or any part of the RFP Documents, or any information, drawings or specifications included in or provided with the RFP Documents, for any purpose other than to assist in the consideration of whether or not a Proposal is to be submitted, or to prepare a Proposal.

SECTION 6 - SPECIAL FEATURES – NOT USED

SECTION 7 - ADDITIONAL INFORMATION

7.1 Relationship Disclosure: Conflict of Interest and Unfair Advantage A Proponent should complete and submit a “Relationship Disclosure Statement: Conflict of Interest and Unfair Advantage” (attached to the Form of Proposal) that fully discloses the following relationships:

(a) all members of the Proponent’s team who were employees of BC Hydro at any time during the previous two year period from the date of the disclosure; and

(b) all known relationships the Proponent and each member of the Proponent’s team has, or has had, with BC Hydro, a Restricted Party (if any are listed in this RFP), or any other person providing advice or services to BC Hydro with respect to this RFP


http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00

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or the design, planning or implementation of the Agreement or any other matter that gives rise, or might give rise, to:

(i) a conflict of interest; or

(ii) an unfair advantage,

with the knowledge and intention that BC Hydro may rely on any such disclosure. At the time of such disclosure, the Proponent should include sufficient information and documentation to demonstrate that appropriate measures have been, or will be, implemented to mitigate, minimize or eliminate the actual, perceived or potential conflict of interest or unfair advantage, as applicable. The Proponent will provide such additional information and documentation and implement such additional measures as BC Hydro may require in its discretion in connection with BC Hydro’s consideration of the disclosed relationship and proposed measures. If, at any time during before award of the Agreement, the Proponent becomes aware of any such relationship that was not disclosed in its Proposal, then the Proponent will, by written notice addressed to the Procurement Contact, promptly disclose such relationship. BC Hydro reserves the right to disqualify any Proponent that in BC Hydro’s opinion has a conflict of interest or an unfair advantage (including access to any confidential information not available to all Proponents), whether actual, perceived, or likely to arise in the future. In the alternative, BC Hydro may permit any such Proponent to continue in this competitive procurement process and reserves the right to impose such conditions as BC Hydro may consider to be in the public interest or otherwise required by BC Hydro. A Proponent that has any concerns regarding:

(c) whether a current or prospective employee, advisor or member of the Proponent’s team is or may be a Restricted Party (if such concept is included in this RFP); or

(d) whether the Proponent or any member of the Proponent’s team has a relationship that may give rise to a conflict of interest or unfair advantage,

is encouraged to request an advance ruling on the matter, by submitting to the Procurement Contact, not less than ten days prior to the Closing Time:

(e) a description of the relevant relationship; and

(f) the measures that have been, or will be, implemented to mitigate, minimize or eliminate any actual, perceived or potential conflict of interest or unfair advantage.

Subject to the terms of this RFP, all requests for advance rulings will be treated in confidence.


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General information on BC Hydro, including Supplier Interaction Guidelines, Code of Conduct, and Vendor Complaint Review Process, can be found at: http://www.bchydro.com/about/suppliers/doing-business-with-bchydro.html. 7.2 Known Restricted Parties As of the date of this RFP, BC Hydro has identified the following persons, entities, firms or organizations as Restricted Parties. The Restricted Parties are restricted from participating as a member of a Proponent’s team.

• BGC Engineering Inc. • Klohn Crippen Berger Ltd. • Tetra Tech WEI Inc. • SNC Lavalin Inc.

The above may not be an exhaustive list of Restricted Parties. Additional persons, entities, firms or organizations may be added to the list at any stage of this competitive procurement process by issuance by BC Hydro of an Addendum, as BC Hydro becomes aware of additional persons, entities, firms or organizations who should be restricted.

Each Proponent is responsible to ensure that neither the Proponent nor any member of the Proponent’s team uses consults or seeks advice from any Restricted Party or includes any Restricted Party in the Proponent’s team. BC Hydro may, in its sole discretion, disqualify a Proponent or impose such conditions on the Proponent’s continued participation in this competitive procurement process as BC Hydro may consider to be in the public interest or otherwise appropriate, if the Proponent uses or includes a Restricted Party in the Proponent’s team:

(a) to advise or otherwise assist the Proponent in connection with the Proponent’s participation in this competitive procurement process, including in connection with the Proponent’s preparation of its Proposal; or

(b) as an employee, advisor or consultant to the Proponent or a member of the Proponent’s team.

A Proponent or a prospective team member or advisor of that Proponent who has any concerns regarding whether a current or prospective employee, advisor or member of that Proponent is or may be a Restricted Party, is encouraged to request an advance ruling in accordance with this Section 7.2 through the following process. To request an advance ruling of whether a Person is a Restricted Party, a Proponent or prospective team member or advisor of that Proponent should submit to the Contact Person, not less than 10 days prior to the Closing Time by email, the following information:

(c) names and contact information of the Proponent and the person, entity, firm or organization for which the advance ruling is requested;

(d) a description of the relationship that raises the possibility or perception of a conflict of interest or unfair advantage;

(e) description of the steps taken to date and future steps proposed to be taken to mitigate the conflict of interest or unfair advantage; and

(f) copies of any relevant documentation.


http://www.bchydro.com/about/suppliers/doing-business-with-bchydro.html

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Subject to the terms of this RFP, all requests for advance rulings will be treated in confidence. If a member of a Proponent’s team or a prospective team member or advisor becomes a Restricted Party, it may be listed in an Addendum as a Restricted Party.


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APPENDIX 1-1 REQUIREMENTS (see attached)


APPENDIX 1-1 REQUIREMENTS Consultant for the District of Hudson’s Hope Shoreline Protection Berm, DA Thomas Road

Reconstruction, Boat Launch and Day-Use Recreation Site 1.0 SCOPE OF SERVICES The Consultant shall provide preliminary and detailed design services for: (a) Hudson’s Hope Shoreline Protection Berm;

(b) DA Thomas Road; and

(c) Boat Launch and Day-Use Recreation Site.

Hudson’s Hope Shoreline Protection Berm (“Berm”)

As shown on the conceptual design drawing in Figure 1 construction of the Berm would include a Zone A and C Base Case Toe Berm, and a Zone B Bench Cut, total length of 2,650m. A conceptual cross section ( of the Berm are shown Figure 2 – District of Hudson’s Hope Shoreline Protection Berm Conceptual Design Construction should commence by June, 2019 and be completed by December, 2021.

The municipality’s existing pump house and water intake exists along the shoreline that supplies fresh water to the community. In conjunction with the design assignment for the Berm the Consultant shall coordinate with Hudson’s Hope’s to design the relocation / upgrade of the water intake and pump house, and incorporate the details into the berm design. BC Hydro shall initiate and facilitate ongoing discussions between its retained Consultant and Hudson’s Hope.

DA Thomas Road (“Access Road”)

An existing municipal access track (DA Thomas Road) is located immediately east of the town site of Hudson’s Hope and shall require upgrading to a two-lane road so it can be utilized for construction access, and subsequently for public use. Construction of the Access Road shall be required prior to Berm construction activities. Hudson’s Hope utilizes the Ministry of Transportation and Infrastructure’s design standards so the road shall be constructed to a Rural Local Undivided (RLU) design standard.

Boat Launch and Day-Use Recreation Site (“Recreational Area”)

The Recreational Area on the Berm at the bottom of Access Road, will include:

(a) Dock facilities and gangway;

(b) Supporting facilities including: pit toilets, lighting, signage, refuse bins, barbeque pits, picnic tables, benches, and interpretive kiosk; and

(c) Site landscaping including an upgrade of an existing path (Portage Trail).

Refer to Figure 3 - Conceptual rendering of Recreation Site Layout and Use for Hudson’s Hope Shoreline Protection on the Berm. The Consultant shall incorporate BC Hydro and/or BC Parks standard details and materials for the Recreational Area. The Recreational Area construction should coincide with the Berm construction.

2.0 Nature of Services The objective of the design of the Berm, the Access Road, and the Recreational Area is to develop preliminary and detailed design drawings. Tender ready drawings and technical specifications will ultimately be prepared to produce a tender ready package for procurement of construction services.

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The design of these features shall generally comply with BC Hydro and/or BC Parks standards for the Berm and Recreational Area. Hudson’s Hope design standards for the two-lane reconstruction of the Access Road shall utilize the British Columbia Ministry of Transportation and Infrastructure's (BC MoTI) Supplement to TAC Geometric Design Guide.

In providing these engineering design services the Consultant shall:

1. Review work to date;

2. Develop options for construction of the Berm, the reconstruction of the Access Road, and Recreational Area;

3. Provide topographic survey to supplement existing BC Hydro provided LiDAR data, as required. Topographic surveys and preparation of site plans shall be done in accordance with the current edition of the BC MoTI General Survey Guide;

4. Provide recommendations for preferred options and initiate further investigation and development as directed by the BC Hydro Representative;

5. Conduct geotechnical assessments for the Berm alignments;

6. Conduct hydrological and hydraulic assessments of the preferred Berm alignments;

7. Provide a RLU standard two-lane roadway design for the Access Road;

8. Incorporate environmental mitigation and compensation measures developed by others on behalf of BC Hydro into the design development;

9. Develop quantities for the Berm, the Access Road, the relocated / upgraded water intake and pump house, and the Recreational Area, and prepare cost estimates including project costs for all construction options;

10. Develop property acquisition plans, as required;

11. Provide support for Multiple Account Evaluation processes to determine preferred options, as required;

12. Develop a design schedule that shall meet the required completion date for the works;

13. Provide support during procurement; and

14. Provide Engineer-of-Record services during construction.

The Consultant shall:

1. Develop and maintain a clear understanding of its roles and responsibilities in rigorously carrying out its Quality Management Program policies throughout the execution of the work;

2. Prepare public information materials and local government presentations, present at public and local government meetings, prepare reports, and provide documentation as required;

3. Collect and review previous studies, existing reports and other technical data that may be relevant;

4. Critically review all deliverables prior to submission.

5. Participate in field investigations and site meetings as required with BC Hydro and Agency Representatives; and

6. Participate in formal value engineering activities, if requested.

3.0 PROPONENT’S RESPONSE 3.1 Proposal Format The body of the Proponent’s response shall be no more than 20 core pages that includes the Sections 1.0 through 8.0. Each core page (excluding the organizational chart) shall be printed 2 | P a g e

single sided on 8.5 x 11 paper with a minimum 0.75” margins on four (4) sides, minimum of single space between lines and paragraphs. Arial font 11 or larger shall be used. Pages are to be consecutively numbered in the footer. Any pages beyond the specified number of core pages will be disregarded.

3.2 Detailed Response Format Section 1.0 Corporate and Subcontractor Experience

• Provide similar corporate project experience performed on BC Hydro and/or other agency infrastructure that demonstrates the Proponent can successfully manage the design assignment.

• Provide similar Subcontractor project experience performed on BC Hydro and/or other agency infrastructure that demonstrates the Subcontractor can successfully undertake the work and can support the Proponent.

Section 2.0 Key Personnel Qualifications for the Design Assignment (including Subcontractors)

• Identify the key personnel team members including their relevant design experience, work on past projects shown on Project Sheets to be included within Appendix A.

• Provide a table of the key personnel team members and the percentage of their time to be applied to this design assignment. Also show within the table key personnel team members other project commitments and their percentage of allotted time.

Section 3.0 Team Structure

• Provide a single page that shows the team organizational structure for each design component. Distinguish the lead Proponent from the Subcontractors. The reporting structure needs to be clear and easy to follow.

• Provide a commitment that key personnel will not change during the design assignment without written authorization from BC Hydro.

Section 4.0 Methodology and Approach

• Provide an outline for the design assignment that shows the Proponent understands the design assignment and how it plans to coordinate and undertake the tasks to completion.

Section 5.0 Design Criteria

• The Proponent will develop design criteria for the Berm, the Access Road, and the water intake and pump house, and the Recreational Area, that will be submitted to BC Hydro for review and approval before commencing the design assignment. The approved design criteria(s) are to be sealed, signed and dated by the Engineer(s)-of-Record, who shall be in good standing and registered with the Association of Professional Engineers and Geoscientists of British Columbia (“APEG BC”).

Section 6.0 Work Plans

• Develop the following work plans; Project Management, Design Management, Geotechnical and Hydrological; that shall be submitted prior to the commencement of the design assignment.

Section 7.0 Deliverables

• A list of deliverables has been outlined in the request for proposal and shall be adhered prior to submitting documents and drawings to BC Hydro for review. Issued for construction drawings are to be sealed, signed and dated by the Engineer(s)-of-Record and shall be in good standing and registered APEG BC.

Section 8.0 Design Engineers-of-Record

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• The design engineers shall be available during tendering of the design and construction

should questions and/or design modifications arise from bidders and/or contractors. The design engineers shall also provide their expertise for on-site construction and be able to provide input to revise technical specifications and issued for construction drawings, as required. Design Engineer(s)-of-Record that shall be on the Proponents Team are those identified in Article 5.1.

Appendix A – Project Sheets

• Include relevant project sheets (“Project Sheets”) that demonstrates the Proponent’s and Subcontractors independent and combined project experience.

• Maximum of 6 projects, each on one 8.5 x 11 page.

Appendix B - Resumes

• Maximum of 8 resumes, each with a maximum of 3 pages on single-sided 8.5 x 11 sized paper.

4.0 ROLES AND RESPONSIBILITIES 4.1 Consultants Representative The Consultant will need to provide names and confirm availability for the duration of the project of the Design Manager and key design personnel, specialists and Subcontractors to be assigned to the project. Commitment must be made to maintain the same key design positions throughout the duration of the design assignment. Using Subcontractors is acceptable provided the Subcontractor is not performing a substantial part of the work.

Below, is a list of project team members suggested for this design assignment:

(a) Design Manager

(b) Senior Roadway Design Engineer

(c) Senior Geotechnical Design Engineer

(d) Senior Hydrotechnical Design Engineer

(e) Senior Landscape Designer

(f) Senior Municipal Engineer

(g) Senior Constructability Advisor

Provide an organizational chart indicating:

(a) the names of key individuals and positions;

(b) reporting structure; and

(c) a description of the responsibility and authority of each person included in the organizational chart.

4.2 Curriculum Vitaes The Consultant will provide the names of and the curriculum vitaes for the:

(a) Design Manager and other key design personnel proposed for the work, including the qualifications and relevant experience of each proposed team member, and references; and

(b) Subcontractor’s key design personnel proposed for the design work, including the qualifications and relevant experience of each proposed team member, and references.

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4.3 Hydro’s Representative The Site C project management team includes a Project Manager (BC Hydro Representative) to oversee the design of the Berm, the Recreational Area, and the reconstruction of the Access Road. BC Hydro has retained the services of an Owner’s Engineer to provide technical oversight and support in the development and implementation of the Berm, the Access Road, and the Recreational Area.

BC Hydro’s role and responsibilities are as follows:

a) Survey • Provide available legal plans • LiDAR

b) Geotechnical • Provide geotechnical advice and comments on recommendations made in the

geotechnical reports. • Review and approve the level of effort if additional geotechnical investigation are

required. c) Traffic

• Review/comment on the proposed traffic management scenarios for Construction and Public Access.

d) Property • BC Hydro will acquire and/or lease the required property for the project, and review the

extent of property required following each design submission. • BC Hydro will negotiate access to private properties for investigative purposes. • BC Hydro will obtain permits necessary for access onto Crown Land.

e) Environmental • BC Hydro is responsible for all environmental permitting required for the project. • BC Hydro will lead all discussions with regulatory agencies and work with the

Consultant in presenting the design information, as required.

f) Archeology • BC Hydro is responsible for all archeological investigations and will provide the

Consultant with all known sites to be included within their design. • BC Hydro will lead all discussions with regulatory agencies and work with the

Consultant in presenting any new information, as required. g) Hydrology

• BC Hydro will supply all hydraulic / hydrotechnical data for the design of the Hudson’s Hope Shoreline Protection Berm.

h) Hudson’s Hope water Intake and pump station • BC Hydro will act as liaison between its retained Consultant and Hudson’s Hope for the

design for the relocation / upgrade of the water intake and pump house. The Consultant will work with Hudson’s Hope to incorporate the design into the Berm, Access Road, and Recreational Area

5.0 PROJECT PLANNING 5.1 Project Management Plan The Consultant will submit not later than 60 days after the Effective Date the project management plan for the Work that:

(a) conforms to the internationally recognized standards and guidelines in project management practices;

(b) describes how the Work will be executed, monitored, controlled and closed; 5 | P a g e

(c) integrates and coordinates all subsidiary project plans including scope, schedule, quality,

change control, document control, safety, and risk;

(d) describes the Consultant’s project management procedures and company regulations including:

(i) the basics of integrated project controlling with regards to schedule, progress and costs/resources; and

(ii) the documentation management principles and in particular project documents management within Contract.

5.2 Design Management Plan The Consultant will submit not later than 60 days after the Effective Date a design management plan (DMP) that:

(a) provides a general description of the Consultant’s design team, size, location and capabilities and identifies what work if any will be sub-contracted;

(b) describes the management and performance of the design work and a description of the responsibility and authority delegated to the Consultant’s engineers;

(c) describes how engineering design changes will be reviewed, approved, managed and communicated within the Consultant’s team;

(d) describes the quality control process to be used for the design work including identifying the Consultant’s designers, checkers, reviewers, and sign and seal roles for drawings and explanatory documents;

(e) provides a flowchart of the organizational structure showing the personnel assigned to design quality management, including outside resources;

(f) describes how design conducted by the Consultant’s Subcontractors is reviewed and accepted by the Consultant’s design engineers;

(g) describes how the results of design quality management will be documented and communicated in accordance with the Consultant’s Quality Management Program;

(h) allows the BC Hydro Representative the option to audit the design quality elements and documentation; and

(i) describes how often and when the Consultant’s internal design reviews and external design reviews with BC Hydro will be performed throughout the design process.

5.3 Geotechnical Work Plan The Consultant will submit not later than 60 days after the Effective Date a geotechnical work plan (GWP) that will:

(a) describe the proposed activities to be undertaken to complete the design including those for geotechnical engineering, aggregates, and provide a detailed cost estimate for these activities. Develop and provide the criteria proposed for use in the design development of the Berm, the Access Road, such as for stability and settlement, and the Recreational Area, and other engineering activities;

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(b) describe any proposed site investigations activities including site reconnaissance,

aggregate investigations, subsurface investigations, sampling, laboratory testing, site instrumentation and related work. If necessary, will contract with a drilling company to conduct any drilling investigations and the Consultant shall provide field direction, logging and related field activities to the drilling contractor;

(c) commence geotechnical work immediately upon acceptance by BC Hydro of the proposed Geotechnical Work Plan, subject to property access conditions; and

(d) assess and update the work plan as changes arise during the course of the study, and in conjunction with BC Hydro comments.

5.4 Drawing Format General:

The Drawings will:

(a) be produced using computer-aided design and drafting software tools (AutoCAD 2014 and Civil 3D);

(b) utilize the ISO A0 page size;

(c) utilize a minimum text height of no less than 3.0 mm;

(d) be produced electronically in Adobe Acrobat [.PDF] file format with one file provided for each Drawing; and

(e) utilize the Site C drawing border which will be provided electronically by BC Hydro (in AutoCAD [.dwg] format, ISO A0 size) to the Consultant.

Electronic Format: Each electronic Drawing will:

(a) be submitted in Adobe Acrobat [PDFPDF] file format and contain the same information as the original CAD Drawing;

(b) be provided electronically in both Adobe Acrobat [.PDF] file format and AutoCAD 2014 [.dwg] file format (and include any external reference files or “xrefs” used) with one file of each type provided per Drawing; and

(c) for AutoCAD Drawings, be stand-alone with no xrefs attached (i.e., there will be one drawing per file with the xrefs combined into the same file).

Hardcopy Format: Each hardcopy Drawing submitted will:

(a) be a sealed and signed Drawing;

(b) be printed on white 90 g/m2 bond paper; and

(c) be accompanied by a scanned electronic copy of the signed and sealed hardcopy Drawing, in Adobe Acrobat [.PDF] format.

6.0 ENGINEERING COMPONENTS The Consultant shall provide all resources and expertise to develop preliminary and detailed designs for the Berm, the Access Road, and Recreational Area. Throughout design development, the Consultant shall coordinate with the Owner’s Engineer on all technical matters relating to the contract. The Owner’s Engineer will provide design compliance services through its quality audit function, and will generally act as the intermediary between the Consultant and any third parties and stakeholders. The BC Hydro Representative will provide the Owner’s Engineer and the Consultant with scope, schedule and budget definition, and will generally act as the Consultant’s contact point for all contractual matters.

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The Consultant shall provide a Design Manager to oversee the development of the Berm, the Access Road, and Recreational Area, and who shall coordinate the activities of its team and who shall be the main point of contact with the BC Hydro Representative and with the Owner’s Engineer.

6.1 Survey General Requirements The Consultant may be required to provide topographic survey and site plans.

BC Hydro will provide the Consultant with existing relevant topographical survey, as well as LiDAR data, where accuracy is 35 cm or better in the horizontal and 20 cm or better in the vertical.

The scope of and deliverables associated with the topographic survey shall be confirmed between BC Hydro and the Consultant ahead of the survey taking place, but may include:

1. Field survey and primary control to supplement LiDAR survey;

2. Point to point accuracy (RMS error) is warranted to be 25cm horizontally and 15 cm or better vertically for utilities, culverts, intersecting roads, overhead power lines, etc.

3. All survey data defined by point identifier, northing, easting, elevation, and feature code;

4. Survey data reduced electronically in ASCII file format;

5. Survey results and points represented in AutoCAD drawings with contours and showing topographical features including breaklines;

6. Defining existing rights-of-way and property lines. The Consultant shall coordinate with the property division of BC Hydro;

7. All underground utility plans and other drawings used; and

8. Quality management documentation.

6.2 Berm, the Access Road, and Recreational Area Design BC Hydro will provide available historic geotechnical data, and the Consultant shall provide the hydrotechnical, geotechnical, roadway, and Recreational Area design engineering expertise that will be required to develop its designs.

The Consultant shall provide a Senior Design Engineer who will oversee, and be responsible and accountable for, the development of the Berm hydrotechnical and geotechnical design, the Access Road geometric and drainage design, and the Recreational Area layout and functionality, and who shall take a proactive and on-going role throughout the assignment.


1. Produce a cost-effective preliminary design for the Berm, the reconstruction of the Access Road, and Recreational Area, that will form the basis for subsequent detailed design activity;

2. Liaise with BC Hydro and Hudson’s Hope with respect to the Berm design and integration with the existing water intake and pump house, the Access Road geometrics and drainage design, and the Recreational Area. The outcome of these discussions will produce a design, and criteria, for each design assignment. The Consultant shall provide draft and final design criteria upon completion.

a. Any variances in the course of the design development will require formal approval by the BC Hydro Representative.

3. Apply iterative design procedures to:

a. Deliver results that address safety and operational issues;

b. Address stakeholders’ interests to find a workable solution;

c. Optimize the solutions to minimize risk to BC Hydro, Hudson’s Hope, and other 8 | P a g e

stakeholders as may be required;

d. Verify constructability; and

e. Produce a cost-effective design.

4. Identify and develop drainage design alternatives that are feasible based on geotechnical and operational considerations to determine appropriate methods of handling surface runoff.

5. Evaluate and compare alternatives by summarizing the effects and costs, and making recommendations as to what would be the best solution that fulfils BC Hydro’s objectives. alternatives should include evaluating layouts for property impacts, drainage requirements, environmental constraints, and other relevant matters as required.

6. Provide technical support to BC Hydro by providing technical reports, plans, drawings and other relevant documents that are necessary for BC Hydro use or at stakeholder meetings.

7. Utilize relevant hydrotechnical, geotechnical, roadway geometrics, and recreational area engineering guidelines within BC MoTI, BC Hydro and/or BC Parks publications in preparing the designs; such as,

a. http://www.th.gov.bc.ca/publications/eng_publications/eng_pubs.htm

b. http://www.env.gov.bc.ca/bcparks/operations/design_guidelines.PDF

8. Utilize “Master Municipalities Contract Documents (MMCD)” as secondary references and consider MMCD documents and drawings if required to meet local municipal government requirements.

9. Examine legal plans and land titles to update existing cadastral boundaries as required, and share any newfound information immediately with the BC Hydro. Identify proposed right-of-way acquisition boundaries and required working easements on Property Acquisition Plans. Calculate and record the required areas on the plans showing the breakdown of right-of-way areas by parcel. Forward the completed plans to the BC Hydro Representative in order that the purchase or lease of required right-of-way and easements may commence prior to the completion of design.

10. In collaboration with BC Hydro, identify temporary and permanent illumination requirements along the Access Road and the Recreational Area.

11. Prepare reproducible cross sections as reference information in accordance with the format and content specified in the BC Hydro design standards for the Berm and Recreational Area, and the BC Supplement to TAC Geometric Design Guide for the Access Road.

12. Identify all existing and proposed public and private utilities, and those utilities to be removed, relocated, adjusted or protected as a result of the reconstruction of the Access Road, and contact the utility owners to review their requirements and time schedule to complete the required modifications.

13. The required accuracy of cost estimates under normal circumstances is as follows:

a. Preliminary design stages: +/-20%

b. Detailed design stages: +/-10%

14. Notify the BC Hydro Representative in writing giving details of any factors considered to be beyond the Consultant's control that qualify, or are likely to qualify, the accuracy of cost estimates. Submit further information and recommendations required to assist the BC Hydro Representative in making an evaluation of such qualifications for the necessary budgeting process and for other decision-making purposes of BC Hydro.

15. Consider constructability during design development, and develop construction staging schemes as required and construction schedules for the preferred options. Identify and

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http://www.th.gov.bc.ca/publications/eng_publications/eng_pubs.htm

http://www.env.gov.bc.ca/bcparks/operations/design_guidelines.pdf

summarize key constructability risks during the design process to ensure that constructability has been considered and factored into the construction cost estimate and schedule.

The Consultant shall deliver the following:

Preliminary Design Submission

(a) One ISO A0 full-size and two half-size drawings in hard copy format and an electronic ISO A0 Adobe PDF format;

(b) One digital PDF copy of the cross-sections; (c) Preliminary cost estimate and notes on items to be discussed; (d) Preliminary Geotechnical Report; (e) Draft and Final Design Criteria; and (f) Property Acquisition Plans, as required.

Detailed Design Submission

50% Design Submission

(a) One ISO A0 full size and two ISO A0 half-size drawings in hard copy format and an electronic ISO A0 Adobe PDF format copy;

(b) One digital PDF copy of the cross-sections; (c) Quantity calculations and items to be discussed; (d) Cost Estimate; (e) Draft Geotechnical Report; (f) Draft Design Report; and (g) Draft Technical Specifications.


(a) One ISO A0 full size and two ISO A0 half-size drawings in hard copy format and an electronic ISO A0 Adobe PDF format copy;

(b) One digital PDF copy of the cross-sections; (c) Quantity calculations and items to be discussed; and (d) Cost Estimate.


(a) Two ISO A0 full size and two ISO A0 half-size drawings sealed and signed in hard copy format and one electronic ISO A0 Adobe PDF format sealed and signed scanned copy;

(b) One digital PDF copy of the cross-sections; (c) Project Design Folder; (d) Quantity calculations; (e) Cost Estimate; (f) Property Acquisition Plans; (g) Final Geotechnical Report; (h) Final Design Report; (i) Final Tender Specifications; and (j) AutoCAD 2014 and Civil3D design files.

Issued for Tender Submission

(a) Two ISO A0 full size and two ISO A0 half-size drawings sealed and signed in hard copy format and one electronic ISO A0 Adobe PDF format sealed and signed scanned copy;

(b) One digital PDF copy of the cross-sections; (c) Tender Specifications and Exhibits; (d) Quantity calculations; (e) Cost Estimate; and (f) AutoCAD 2014 and Civil3D design files.

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6.3 Traffic Engineering The Consultant shall analyze existing traffic volumes and the impact on the existing intersections and infrastructure resulting from construction traffic to determine if any mitigation measures are required to maintain the current level of service.

6.4 Geotechnical Engineering

6.4.1 General Requirements The Consultant shall provide a Senior Geotechnical Engineer to oversee and be responsible and accountable for the development of the geotechnical designs for the Berm, the Access Road, and the Recreational Area, and to take a proactive and on-going role throughout the assignment.

The Consultant shall conduct geotechnical assessments and investigations using state of the practice methods to:

1. Confirm the geotechnical feasibility of the Berm alignment, reconstruction of the Access Road, and the Recreational Area;

2. Provide appropriate advice, comments and geotechnical recommendations, while working closely with the design engineers, for designing the Berm, the Access Road, and the Recreational Area;

3. Identify geotechnical risks, including those associated with performance and construction, for each Berm alignment and provide risk mitigation options;

4. Provide geotechnical input into cost estimating and constructability; and

5. Prepare a draft and final geotechnical design report.


1. Examine and assess all geotechnical information, designs and reports provided by BC Hydro to establish the extent of geotechnical work required for the project.

6.4.2 Geotechnical Design Criteria Reference Documents

Geotechnical designs shall be carried out in accordance with applicable sections of the following documents for design of permanent works within the jurisdiction of BC MoTI, and elsewhere unless specifically exempted by BC Hydro:

1. BC Ministry of Transportation and Infrastructure “Manual of Erosion and Shallow Slope Movement”, 1997

2. U.S. Department of Transportation, Federal Highway Administration “Design and Construction of Mechanically Stabilized Earth Walls and Reinforced Soil Slopes Design and Construction Guidelines”. Publication No. FHWA-NHI-10-024, November 2009

3. BC Ministry of Transportation and Infrastructure Technical Circulars, including Technical Circular 10/04 “ARD Testing at Quarry and Rock Cut Sites” and Technical Circular T-01/04 “ Pavement Structure Design Guidelines”, all of which may be accessed at: http://www.th.gov.bc.ca/publications/Circulars/technical_circulars.asp

The Consultant shall consider the use of materials or techniques that may result in economies for construction of the Berm and Access Road, such as the use of geotextiles and geogrids, lightweight materials, and other products.

6.4.3 Formats The Consultant shall use formats outlined below for reporting.

1. Drawings

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http://www.th.gov.bc.ca/publications/Circulars/technical_circulars.asp

a. Summarize all subsurface data investigation results by plotting electronic data on plans,

profile and cross sections using computer aided drafting software compatible with the most current BC Hydro format.

b. Provide all electronic data, including survey data, used to produce drawings.

c. Provide each drawing with a unique drawing number in the title block.

2. Logs of Boreholes and Test Pits

a. Show local project referencing (station, offset and elevation above mean sea level) and UTM (NAD83) coordinates (Northing, Easting and UTM zone).

b. Prepare and submit with the report in gint, DXF (autocad) and PDF format.

c. Provide the driller's field logs in PDF in a visually readable format for each borehole.

3. Report

Include in the report as a minimum:

a. Characterization and delineation of the geotechnical conditions, including terrain hazards, soil, bedrock and groundwater for the purposes of geotechnical engineering design.

b. Plans showing geotechnical conditions and locations of boreholes and test pits and other site investigations. Locate test holes, test pit, seismic lines, and other investigations by survey (to a horizontal accuracy of 2 metres) and by UTM (NAD83) co-ordinates (Northing, Easting and UTM Zone).

c. Logs of boreholes and test pits.

d. Properties, characteristics and testing results of soils and bedrock materials.

e. Identification of locations of the alignments that have the potential for settlement or instability or other risk, presentation of analyses and assessment of the potential risk, and details of potential methodologies for mitigation of the risks within the available construction period.

f. Recommendations for monitoring for settlement, stability or other geotechnical concerns.

g. Excavation and embankment designs for soil and rock materials, including sub drain requirements, fill improvement/ reinforcement and other items.

h. Characterization and delineation (depth and area) of earthworks materials for construction purposes including stripping depths, unsuitable material, shrinkage/ swell factors, treatment for the purposes of constructability, potential disposal locations and disposal criteria.

i. Assessment of possible erosion and shallow slope movement and mitigation methods.

j. Assessment of potential geochemical constraints (e.g., metal leaching/acid generating rock, selenium) and possible mitigation methods.

k. Preparation of an Aggregate Resource Management Plan identifying the material sources, quantities available of the different products, and requirements for the various design components.

l. Retain all soil and rock samples at the Consultant’s offices and before disposal obtain written authorization from BC Hydro.

6.5 Hydrological / Hydraulics Design Hydrology / Hydraulics design shall include:

1. Incorporate into the design hydraulic / hydrological information, such as water levels, that may affect the construction scheduling and the design of the Berm; and

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2. Design of riprap and scour protection at the Berm toe and along the banks of watercourses as

required.

6.6 Landscape and Recreational Area The Consultant will incorporate into the Berm, the Access Road, and the Recreational Area design the following, which may not necessarily be limited to: landscaping, planting, hydroseeding, signs and sign posts, interpretative sign shelters, vehicle gates, picnic tables, refuse and recycling bins, and park benches.

6.7 Constructability Review The Consultant will undertake constructability reviews throughout the design process to ensure that the different design components interface appropriately, that cost effective design options are developed and incorporated, that the technical specifications and design drawings align, and that the final design and tender ready design submissions are complete.

7. COMMUNICATION AND CONSULTATION BC Hydro requires its Consultants to document all external communications and to provide BC Hydro with the communication log on a monthly basis. BC Hydro will provide a template for this tracking.

The Consultant shall work with BC Hydro to ensure that any and all communications and interaction with external parties is planned and documented.

8. PROPERTY ACCESS BC Hydro requires that all access by the Consultant onto private lands, BC Hydro lands, and / or Crown lands be done with explicit permission and / or notification. The Consultant shall provide BC Hydro with up to 90 days of notice of land access requirements, and to provide technical support to BC Hydro’s acquisition of permissions and notifications of entry.

Entry onto crown land may also be subject to permissions or notifications depending on any pre-existing land tenures, and the nature of the activity proposed. BC Hydro will support the Consultant to ensure any crown land access permissions or notifications are identified and obtained as required.

When site work is required, the Consultant shall provide BC Hydro with information about the proposed site work in advance to enable coordination among other contractors and to identify if any property permissions would be required.

Any access by Consultants onto private lands, Crown Lands or onto BC Hydro lease lands shall be in accordance with the current policies and protocols in place and as established by BC Hydro.

The Consultant shall be fully responsible and liable for entry and all work on lands to complete any survey and field investigation work, and shall use an approved BC Hydro Letter of Authorization for entry onto property to ensure BC Hydro protocol is followed. The Consultant shall advise BC Hydro if entry is denied but required to properly collect survey information. The Consultant shall develop its program such that it clearly demonstrates that access requirements have been minimized to provide the least amount of disruption and disturbance to property owners and operators.

9. ANTICIPATED TIMELINE The timeline was developed based on Site C project requirements including, but not limited to:

1. Regulatory permitting for amendments to the Hudson’s Hope water system; and 2. Construction of the berm prior to the creation of the Site C reservoir.

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The anticipated timeline for the RFP process is as follows. The timing and sequence of events resulting from this RFP process may vary and will ultimately be determined by BC Hydro:

Activity Anticipated Date

RFP Issued August 2016

Consultant Retained September 2016

Geotechnical Assessments Completed December 2016

Preliminary Design Completed July 2017

Detailed Design Completed with Tender Ready Documents March 31, 2018

Shoreline Protection Berm, DA Thomas Road; Boat Launch and Day-Use Recreation Site Constructed

June 2019 to December 2021

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Figure 1 – District of Hudson’s Hope Shoreline Protection Berm Conceptual Design

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Figure 2 – District of Hudson’s Hope Shoreline Protection Berm Conceptual Design

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Figure 3 - Conceptual Rendering of the Recreational Area

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APPENDIX 1-2 PROPOSAL EVALUATION CRITERIA Subject always to BC Hydro’s rights to reject Proposals under the RFP Documents or otherwise, Proposals will be evaluated by BC Hydro based on the criteria outlined in this Appendix 1-2 listed below.

Evaluation Criteria Weight (%)

Proponent Corporate and Sub-Consultant Experience Consideration will be given to the proponent for their individual and combined project experience including: • Team Experience • Project Management • Roadway Design • Geotechnical Design • Hydrotechnical Design • Landscape Design • Municipal Design • Constructability Reviews

20

Experience of Key Personnel Consideration will be given to each assigned lead for their project experience including: • Design Manager • Senior Roadway Design Engineer • Senior Geotechnical Design Engineer • Senior Hydrotechnical Design Engineer • Senior Landscape Designer • Senior Municipal Engineer • Senior Constructability Advisor

35

Methodology and Approach Consideration will be given to the proponent that understands the assignment and provides the best methodology and approach including: • Understanding of Requirements

o Work Plans o Deliverables o Constructability

• Quality Management

10

Safety and Environmental Management

10

Aboriginal Content (A, B and C)

5

Commercial Compensation

20 100%

BC Hydro reserves the right to request additional information and/or proof of Aboriginal eligibility and to audit Aboriginal supplier certification.


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PART 2 AGREEMENT


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AGREEMENT

Note: This Agreement is provided as a sample only; the Agreement between BC Hydro and the successful Proponent(s) will be completed after negotiations have been finalized and will be comprised of the entire Part 2 of this RFP, as negotiated.

Agreement No. _________________ Project: __________________________________

THIS AGREEMENT is made as of the ____ day of ____ 20__ (the “Effective Date”) BETWEEN:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, a British Columbia Crown Corporation having its head office at 333 Dunsmuir Street, Vancouver, B.C. V6B 5R3

(referred to as “BC Hydro”) AND: __________________________________ with offices at ADDRESS ADDRESS (referred to as “Consultant”)

WHEREAS: BC Hydro requires certain services for or in connection with the design of the District of Hudson’s Hope shoreline protection berm, DA Thomas Road reconstruction, boat launch and day-use recreation site. BC Hydro Reference # 595831 and has selected Consultant to perform the Services. NOW THEREFORE THIS AGREEMENT WITNESSES THAT BC Hydro and Consultant mutually agree as follows:

1. The Agreement This Agreement, the Appendices listed below, any Change Orders and Change Directives, all as amended are herein collectively referred to as, the “Agreement”. The Agreement includes the following Appendices:

A. Definitions and Interpretation B. Scope of Services C. Compensation D. Insurance E. Change Order Form F. Change Directive Form G. Social and Environmental Responsibility H. Special Conditions I. Aboriginal Inclusion and Reporting Requirements


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J. Safety K. Labour Workforce L. Quality Management M. Environmental Obligations

Definitions and rules of interpretation in Appendix A apply to the Agreement. The Agreement is the entire agreement between the parties concerning the subject matter hereof, and all prior communications related to the subject matter hereof, whether written, oral or in any other format, are of no legal effect.

2. Services Consultant shall perform the Services and observe and perform all of its other obligations hereunder subject to, and in accordance with the terms and conditions of the Agreement. Unless otherwise expressly provided in the Agreement, Consultant shall provide and pay for everything necessary for the complete performance of the Services in accordance with the Agreement and, on request, shall provide details about its plans and method of performing the Services.

3. Included Services Consultant acknowledges that there are functions or tasks that will not be specifically included in the description of the Services but that are customarily included in the performance of services similar to the Services. Consultant agrees that such functions or tasks are implied, and therefore included, in the scope of the Services to the same extent and in the same manner as if those functions or tasks had been specifically described in the Agreement and shall be performed by Consultant as part of the Services.

4. Submittals (a) In a timely manner, Consultant shall submit any drawings, showing details of the

Services, and any other reports or documents required by the Agreement to BC Hydro (the “Submittals”). BC Hydro or individuals on behalf of BC Hydro may review any Submittals prepared by or on behalf of Consultant or conduct technical reviews of the Work Product. Notwithstanding that Consultant incorporates changes in the Submittals or Work Product that have been suggested by or on behalf of BC Hydro, Consultant is solely responsible for the content, accuracy and completeness of the Submittals and Work Product. In the event that BC Hydro supplies any drawings or technical information to Consultant, BC Hydro does not guarantee and is not responsible for the content, accuracy or completeness of such drawings or technical information.

(b) Where, during performance of the Services, Consultant claims that information contained in the BC Hydro supplied drawings or technical information is materially and substantially inaccurate and that such inaccuracy could not have been reasonably discovered based upon: (i) knowledge which Consultant is required to obtain or is deemed to have

obtained under the Agreement; and (ii) any other information supplied by BC Hydro,

Consultant shall as soon as possible notify Hydro’s Representative in writing and where the correction of such inaccurate information requires a Change, the provisions of clause 5 shall apply.


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5. Changes (a) BC Hydro may make a Change in the Services:

(i) by Change Order, signed by Hydro’s Representative and Consultant’s Representative. If a Change affects the cost to Consultant of performing the Services or affects the schedule, the Change Order shall specify an adjustment to the schedule and/or the Compensation, as agreed by BC Hydro and Consultant, acting reasonably.

(ii) by Change Directive signed by Hydro’s Representative, where BC Hydro considers it necessary to proceed with a Change before it has been valued or any extension of the schedule determined. Where Hydro’s Representative issues a Change Directive, the impact, if any on the schedule and/or the Compensation shall be determined by Hydro’s Representative, acting reasonably, pending final determination in accordance with clause 35, and Consultant shall perform the Change as so directed.

(b) Changes shall be valued using applicable unit prices or labour and/or equipment rates, as specified in Appendix C - Compensation, if any and otherwise shall be valued based on a reasonable estimate of cost or cost savings, including an allowance for overhead and profit.

(c) Consultant shall not undertake a Change without a Change Order signed by Hydro’s Representative and Consultant’s Representative or Change Directive signed by Hydro’s Representative.

6. Compensation BC Hydro shall pay Compensation for the Services in accordance with Appendix C. Consultant’s GST registration number is ____.

7. Schedule Consultant shall commence the Services on or before September 30, 2016 and shall perform the Services continuously, diligently, faithfully and in a timely manner to CSA Completion to be achieved no later than, December 31, 2021 BC Hydro may require Consultant to submit a detailed schedule for BC Hydro’s approval. Consultant shall perform the Services in accordance with any such approved schedule and shall comply with any timetable for deliverables set out in Appendix B.

8. Relationship Consultant is an independent contractor to BC Hydro. Consultant is not, and shall not represent itself to be, an agent, partner or joint venturer of or with BC Hydro. None of Consultant or employees or independent contractors will be entitled to membership in any BC Hydro pension or benefit program as a result of the Agreement. If Consultant or any of its employees or independent contractors become an employee of BC Hydro at any time, BC Hydro shall not recognize any portion of their service as a consultant or independent contractor for BC Hydro employment purposes (including BC Hydro pension or benefit programs).

9. Personnel and Representatives Consultant shall assign to the Services persons who are qualified and experienced in the Services to be performed by them, including the following key personnel, if any:


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Name and Title/Position: __________________________________________________

Telephone:_________________________ Email: ____________________________

Name and Title/Position: __________________________________________________

None of the key personnel may be changed without BC Hydro’s prior approval, except for death, disability, termination of employment or personal compassionate reasons or unless so agreed by BC Hydro, such agreement not to be unreasonably withheld. In addition, Consultant shall remove from the Site any of its personnel to whom BC Hydro has reasonable objection based on qualifications, experience or conduct. If any of the key personnel are so changed, they shall be replaced with a person approved by Hydro’s Representative and at no additional cost to BC Hydro.

For the purposes of this Agreement, Hydro’s Representative and Consultant’s Representative shall be as follows, provided that either party may change its designated representative from time to time by written notice to the other party:

Hydro’s Representative: ___________________________

Telephone: _______________ Email: ___________________

Address: _______________________________________________________________

Consultant’s Representative: ___________________________

Telephone: _______________ Email: ___________________

10. Compliance with Laws and Standards Consultant shall comply, shall cause its employees and each subcontractor to comply, and shall ensure that the Services and each part thereof, complies with: (a) all Laws that are applicable to Consultant or to the performance of the Services; (b) the terms and conditions of all Permits of which timely notice is given by

BC Hydro, to the extent applicable to the Services; (c) the Contractor Code of Conduct; and (d) all other policies, practices and procedures established by BC Hydro with respect

to safety, environment, security, conduct, use of BC Hydro’s information and communications technology and systems and other matters related to the performance of the Services which are communicated in writing by BC Hydro to Consultant from time to time.

11. Privacy If Consultant provides BC Hydro with copies of, or access to copies of, any records containing the personal information of Consultant’s or subcontractor’s employees during the term of the Agreement, Consultant shall first obtain and provide to BC Hydro the written consents of those individuals to the indirect collection of such personal information by BC Hydro. The consents shall be in a form to be supplied by BC Hydro. Consultant acknowledges that the foregoing is a requirement of the BC Freedom of Information and Protection of Privacy Act.


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12. Subcontracts/Assignment Consultant shall not subcontract performance of all or any part of the Services, and shall not assign the Agreement, without the prior written approval of BC Hydro, not to be unreasonably withheld or delayed. A request for consent shall be submitted to Hydro’s Representative who will, in turn, pursue such internal, including senior management, approvals as may be necessary under the circumstances. Consultant is liable to BC Hydro for acts and omissions of its subcontractors and of other persons utilized, directly or indirectly, by them to the same degree as it is liable under the Agreement for its own acts and omissions and those of its own personnel.

13. Payment of Accounts Consultant shall pay when due all salaries, wages and benefits to which its personnel assigned to the Services are entitled and shall make all tax and other statutory withholdings and remittances in respect thereof, and Consultant shall pay upon becoming due all accounts of third persons, for which Consultant is responsible, incurred in connection with the Services. To the extent lienable, Consultant shall keep the Site free of all liens arising from a failure of Consultant to comply with this clause of the Agreement.

14. Site Conditions Consultant acknowledges that, if it has been directed to so do by BC Hydro, it has visited and conducted a visual inspection of the Site and the local area in the vicinity of the Site, including surface conditions and means of access. Consultant may not make or enforce any Claim against BC Hydro, whether for extension of time or financial compensation, based upon actual Site or local conditions that could reasonably have been observed or foreseen in the course of Consultant’s visual inspections of the Site surface and local area in the vicinity of the Site.

15. Use of the Site Consultant shall not have exclusive use or possession of the Site and shall cooperate with other contractors and coordinate the Services with the work of the other contractors. Consultant shall confine its equipment, tools and materials to areas designated by Hydro’s Representative. Consultant shall not interfere with the access and use of the Site or adjacent areas by BC Hydro and other contractors. On a daily basis and in a manner acceptable to Hydro’s Representative, Consultant shall remove from the Site and dispose of all waste materials and rubbish created by or on behalf of Consultant and, before CSA Completion, Consultant shall clean up such materials and rubbish and leave the Services and the Site in a safe and tidy condition.

16. Safety (a) Consultant shall: (i) be responsible for the protection and safety of all persons

performing the Services in accordance with applicable Laws; (ii) ensure that its personnel are properly trained in all applicable safety procedures; and (iv) take all reasonable steps to ensure that no person is injured or property damaged or lost due to the performance of the Services.

(b) Consultant shall provide all appropriate safety equipment, barriers and personnel necessary for the protection of persons and property on and adjacent to the location of the Services conducted at the Site. Safety measures shall be undertaken to the standards of good practice and the requirements of all occupational safety and health legislation and regulations.


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(c) Before commencing the Services on the Site Consultant shall establish and submit to Hydro’s Representative, in accordance with clause 4, written work procedures, established by a person knowledgeable in safety regulations and work procedures, which address all site specific safety hazards and necessary work procedures and complies with all safety regulations required by applicable Laws or by BC Hydro.

(d) Consultant, in the event of any injury to a worker in the course of the performance of the Services on the Site shall as soon as practicable: (i) notify Hydro’s Representative of the incident; and (ii) provide a safety incident report through BC Hydro’s web-based contractor incident reporting facility. If Consultant is without Internet access, Consultant shall promptly obtain the required report form from Hydro’s Representative and promptly after obtaining it shall complete and return the completed report to Hydro’s Representative.

17. Protection of Work and Property Consultant shall protect the Services and Work Product and take reasonable measures to protect and prevent loss or damage to the property of BC Hydro and third parties which is on or adjacent to the Site, from loss or damage due to Consultant’s activities. Consultant shall be responsible for promptly making good any such loss or damage at Consultant’s expense, if requested by Hydro’s Representative, or alternatively, BC Hydro may recover such cost of making good from Consultant, including by way of set offs. Notwithstanding the foregoing, Consultant shall not bring explosives or hazardous materials on the Site without the prior consent of Hydro’s Representative, and shall be responsible for the safe and lawful handling, storage and use of any such explosives or materials. All artifacts and other items of value found on the Site are, as between BC Hydro and Consultant, the property of BC Hydro.

18. Social and Environmental Responsibility Consultant shall demonstrate in the performance of the Services that it is socially and environmentally responsible by: (i) complying with all applicable social, labour, employment and environmental legislation and regulations; (ii) being observant for, and immediately notifying Hydro’s Representative of, any social or environmental problems that develop on the Site; (iii) complying with the requirements of Appendix G – Social and Environmental Responsibility; and (iv) taking all reasonable and necessary measures in the performance of the Services to avoid causing negative social or environmental impacts. Where Consultant’s performance of the Services causes the occurrence of negative social or environmental impacts, Consultant shall immediately advise Hydro’s Representative and take all reasonable and necessary measures to minimize the effect of such negative impacts.

Notwithstanding the foregoing, Consultant shall not be liable for any pre-existing environmental site conditions, surface or subsurface, including but not limited to any hazardous, toxic or regulated waste, materials or substances, except to the extent that Consultant fails to notify BC Hydro promptly upon becoming aware of any such pre-existing condition or to follow (at BC Hydro’s expense) any instruction from Hydro’s Representative with respect to any such pre-existing condition, or to the extent that, after becoming aware of any such pre-existing condition, Consultant’s act or omission aggravates the pre-existing condition in any manner whatsoever. Consultant shall promptly remedy any breach by Consultant of its obligations under this clause and,


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without limiting the foregoing, shall remove all contaminants brought onto or released to the Site by Consultant or any person for whom Consultant is responsible.

19. Insurance Consultant shall comply with the insurance provisions in Appendix D.

20. Ownership of Work Product and Embedded IP Consultant agrees that BC Hydro shall own all of the Work Product and Consultant irrevocably assigns to BC Hydro all of Consultant’s right, title and interest in the Work Product and hereby waives in favour of BC Hydro all rights (including, all moral rights), and shall cause all of its personnel working on the Project to waive in favour of BC Hydro such rights, in and to the Work Product. Consultant retains ownership of the Embedded IP, if any, but grants BC Hydro and its other contractors and consultants an irrevocable, perpetual, assignable, royalty free right to load, transmit, access, execute, use, store, display, modify, alter or otherwise change the Embedded IP for the Project or for such other projects as BC Hydro may undertake. Any and all modifications of the Embedded IP prepared by or on behalf of BC Hydro shall be owned by BC Hydro.

21. Confidential Information Consultant shall not use or disclose to third persons: (a) BC Hydro Confidential Information; or (b) Confidential Information of any third party (“Third Party CI”), in either case received or otherwise obtained by Consultant in connection with the Agreement, except with the prior written consent of BC Hydro. As between BC Hydro and Consultant, BC Hydro owns and retains ownership of all BC Hydro Confidential Information and all Third Party CI (collectively, the “Agreement CI”). Upon request of Hydro’s Representative from time to time, Consultant shall execute separate confidentiality agreement(s) in respect of Third Party CI on terms and conditions reasonably required by Hydro’s Representative to comply with any obligations BC Hydro may have with such third parties. Consultant shall inform all of its personnel having access to any Agreement CI of the confidential nature thereof and shall ensure that its personnel maintain the confidentiality of the Agreement CI in accordance with the terms of this Agreement and/or such other confidentiality agreements, as the case may be.

Upon request of Hydro’s Representative, Consultant shall return to BC Hydro or destroy, as directed by Hydro’s Representative, all copies of the Agreement CI, whether written, in the form of computer data or otherwise, and all documents and materials prepared by or for Consultant which include or refer to the Agreement CI and shall delete the same from any computer system, retrieval system or database of Consultant. Notwithstanding the foregoing, Consultant shall not be in breach of its obligation to return to BC Hydro or destroy and not to disclose such Agreement CI if that retention or disclosure is required by applicable Laws (including professional obligation) or a court order, provided that: (a) Consultant gives BC Hydro as much notice as is reasonably possible in the

circumstances prior to disclosing any such Agreement CI; (b) Consultant cooperates with BC Hydro in any application, proceedings or other

action BC Hydro may undertake to obtain a protective order or other means of protecting the confidentiality of the Agreement CI required to be disclosed; and

(c) if Consultant is required to retain the Agreement CI, Consultant shall continue to maintain the confidentiality of such Agreement CI in accordance with this clause.


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22. Work Compliance Consultant shall ensure that: (a) the Services, including all Work Product, comply with the requirements of the

Agreement; and (b) the Services are performed in a good and proficient manner and with no less

than the standard of professional skill, care and diligence customarily applied by qualified and experienced professional consultants providing similar services for similar projects.

23. Remedies Where, and to the extent that, any of the Services fail to meet any or all of the obligations set out in clause 22, Consultant, upon request from Hydro’s Representative, and in addition to all other rights and remedies of BC Hydro, shall as soon as practicable correct or cause such Services to be corrected, by repair, replacement or re-performance, at Consultant’s sole cost and expense.

24. Acceleration/Suspension by BC Hydro If Consultant is responsible for a delay of the Services or a default, BC Hydro may order acceleration of the Services by any available means and Consultant shall be responsible for the resulting costs. BC Hydro may also at any time suspend performance of the Services, in whole or in part, by notice to Consultant, in which case BC Hydro shall pay to Consultant the documented reasonable costs actually incurred by Consultant for: (a) the de-mobilization of Consultant’s workforce at the Site upon notice of the

suspension; (b) the mobilization of Consultant’s workforce at the Site upon resumption of the

Services; and (c) placing Consultant’s work force on standby, if applicable. In any event, Consultant’s entitlement on any suspension of Services shall not include any allowance for overhead, profit or loss of profit.

25. Termination by BC Hydro BC Hydro, by notice to Consultant, may terminate this Agreement: (a) immediately for BC Hydro’s convenience; (b) upon the failure of Consultant to cure a default within 7 days of notice to

Consultant of such default or, where Hydro’s Representative determines that it is not possible to cure the default within 7 days and that it is prepared to extend such time upon the failure of Consultant: (i) to commence curing such default within 7 days of notice to Consultant of

such default, and to thereafter diligently continue curing such default; or (ii) to cure such default within the time period identified by Hydro’s

Representative in its notice; or (c) immediately if Consultant is bankrupt, insolvent or unable to discharge its

liabilities when due.

26. Termination by Consultant Consultant may terminate the Agreement by notice to BC Hydro if: (a) BC Hydro is bankrupt, insolvent or unable to discharge its liabilities when due; or


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(b) BC Hydro defaults in payment of any undisputed Compensation for 60 days after the receipt of notice of overdue payment.

27. Obligations on Termination If the Agreement is terminated, Consultant shall deliver to BC Hydro all completed but previously undelivered Work Product and all work-in-progress including any partially completed Work Product. In addition, BC Hydro may take possession of all Consultant’s equipment and all materials and other goods delivered to the Site, subject to the rights of third parties, and finish the Services by whatever method BC Hydro may consider expedient.

If the Agreement is terminated under clause 25(a), BC Hydro shall pay Consultant for Services performed to the date of termination, including committed costs for materials, which shall be delivered to BC Hydro, plus reasonable demobilization costs actually incurred by Consultant. If this Agreement is terminated under clause 25(b) or (c), BC Hydro shall make no further payments to Consultant, and termination shall be without prejudice to any other right or remedy available under the Agreement, at law or in equity as a result of the termination, or any prior default.

28. Force Majeure A party is excused from performance under the Agreement if and to the extent and for the time that performance is prevented or materially hindered by events or circumstances, including any unreasonable acts or omissions of the other party and its agents, consultants and its and their employees, (collectively, “Force Majeure Events”) beyond the reasonable control of that party and which by the exercise of reasonable diligence by such party could not have been prevented (except lack of financial capability or lack of labour, material or utilities shall not be Force Majeure Events hereunder unless caused by an event or circumstance that would otherwise excuse a party from performance of its obligations), provided that prompt notice is given to the other party. If either party gives notice of a Force Majeure Event, each party shall exercise reasonable efforts to avoid or minimize any delay occasioned thereby. The party prevented or delayed in the performance or observance of its obligations under the Agreement shall resume promptly the performance and observance of those obligations after cessation of the particular Force Majeure Event unless the Agreement has been terminated.

29. Consultant’s Indemnity Consultant shall indemnify and hold harmless BC Hydro, its directors, officers and employees, for Claims and Claim Costs for or arising out of: (a) infringement of any patent or intangible, intellectual, proprietary or industrial

property rights of a third person to the extent it results from BC Hydro’s use of the Work Product for the Project or in the manner contemplated in Appendix B;

(b) personal injury, including death, or property damage to the extent caused by the negligence and/or wilful misconduct of Consultant, its subcontractors, or their respective employees or agents; and/or

(c) breach of the Agreement by Consultant, its subcontractors, or their respective employees or agents.


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30. Indemnity Conditions Consultant agrees that each of BC Hydro and its directors, officers and employees may enforce the above indemnity for their benefit directly against Consultant. The right of BC Hydro, its directors, officers and employees to be indemnified by Consultant under clause 29 is subject to the conditions that: (a) BC Hydro gives Consultant prompt notice of any Third Party Claim, the right and

opportunity to select counsel and defend or settle the Third Party Claim, all documents and other information, including access to witnesses, available to BC Hydro that may assist in the favourable defence or settlement of the Third Party Claim; and

(b) BC Hydro does not make any admission, or do any other act or thing, that is materially prejudicial to the favourable defence or settlement of the Third Party Claim.

31. Liability Exclusions (a) Neither party is liable to the other for special, punitive, contingent, indirect or

consequential loss or damage. Notwithstanding the preceding sentence, nothing in this clause (a) shall apply to or be interpreted so as to, preclude, or otherwise limit, recovery of any of the types of loss or damage described in the preceding sentence, if such loss or damage would be recoverable or claimable under any insurance coverage required to be obtained pursuant to the Agreement, up to the amount, or minimum amount, as the case may be, of insurance coverage required to be obtained pursuant to the Agreement.

(b) BC Hydro releases Consultant from any Claims or Claim Costs that arise as a result of BC Hydro’s use of the Work Product in a manner or for purposes inconsistent with BC Hydro’s intended use of the Work Product as contemplated in Appendix B.

32. Maximum Liability The maximum aggregate liability of Consultant to BC Hydro for Claims under or relating to the Agreement, whether or not terminated, and whether arising in contract, tort, including negligence, by statute or as matters of strict or absolute liability, is limited: (a) for Claims, or portions thereof, insured under a policy of insurance required to be

maintained under the Agreement, if any, to the amount of Claims payments to which Consultant is entitled under those policies, but not exceeding the minimum insurance amount prescribed in the Agreement for those policies; and

(b) for all other Claims, including deductibles and excluded risks and Claims, or portions thereof, not insured under the policies or in excess of the minimum insurance amount prescribed in the Agreement for those policies, if any, referenced in (a) above, to an amount equal to the maximum for fees or the Fixed Price, as the case may be, set out in Appendix C, as amended from time to time by Change Directive or agreed Change Orders.

33. Exceptions to Maximum Liability Notwithstanding anything in the Agreement to the contrary, the limits on Consultant’s liability under the Agreement shall not apply to: (a) Claims or Claim Costs arising out of the wilful, fraudulent or criminal misconduct

of Consultant, its subcontractors, or their respective directors, officers, employees or agents; or


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(b) Third Party Claims or Claim Costs.

34. Response to Injunctive Relief Without limiting any other rights or remedies of BC Hydro or any other obligation of Consultant under the Agreement, if the use of the Work Product, or any part thereof, by BC Hydro is enjoined by a court of competent jurisdiction as a result of any infringement for which Consultant has agreed to indemnify BC Hydro under clause 29, Consultant, on notice from BC Hydro and at Consultant’s option, shall either procure and pay for an irrevocable, non-exclusive, royalty free and perpetual license in favour of BC Hydro permitting continued use by BC Hydro of the Work Product, or applicable part thereof, or replace or modify the Work Product, or applicable part thereof, with non-infringing work of quality and performance capability that is substantially equivalent in all material respects to that specified by the Agreement, in each case, all at Consultant’s sole cost and expense.

35. Dispute Resolution Before resorting to any other dispute resolution mechanism, BC Hydro and Consultant shall use commercially reasonable efforts to resolve any disputes arising under or related to the Agreement by discussion and negotiation and agree to provide, without prejudice, frank, candid and timely disclosure of relevant, non-privileged, facts, information and documents to facilitate such negotiations. If BC Hydro and Consultant are unable to resolve a dispute arising under or related to the Agreement, the parties may have the dispute resolved by mediation, arbitration or such other means as they may agree. If no agreement as to the method of dispute resolution is reached between BC Hydro and Consultant within 30 days after the dispute arose, then either party may at any time submit the dispute to such British Columbia judicial tribunal as may be appropriate in the circumstances.

Each party shall continue performance of its obligations under the Agreement notwithstanding the existence of a dispute.

36. Governing Law The Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding conflict of laws principles that would impose a law of another jurisdiction for the construction of the Agreement. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom. The United Nations Convention on Contracts for the International Sale of Goods set out in the schedule to the International Sale of Goods Act (British Columbia) does not apply.

37. Miscellaneous (a) Currency. All references herein to currency are to the lawful money of Canada,

unless expressly stated otherwise. (b) Time. The parties agree to perform each and every obligation under the

Agreement in a timely and efficient manner and in accordance with the Agreement.

(c) Disclosure. Consultant shall not make any public releases or announcements or issue advertising pertaining to the Agreement without the prior written approval of BC Hydro, approval not to be withheld or delayed unreasonably.


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(d) Further Assurances. Each of the parties shall execute all further documents and instruments and do all further and other things as may be necessary to implement and carry out the terms of the Agreement.

(e) Survival. All rights, obligations and remedies of the parties which accrued prior to the time of expiry or earlier termination of the Agreement, or which are by their nature continuing and all other provisions necessary for the interpretation or enforcement of such provisions shall survive expiry or earlier termination of the Agreement.

(f) Notices. Notices shall be in writing and may be given personally or by facsimile transmission or by e-mail to the addresses supplied under the Agreement, or other addresses given by subsequent notice. Notices given: (i) personally are deemed effective upon actual receipt; and (ii) by facsimile transmission or e-mail are deemed received upon actual receipt, if received during recipient’s normal business hours, or at the beginning of the recipient’s next business day if not received during recipient’s normal business hours.

(g) Waiver. A waiver of any breach of the Agreement is not a waiver of any continuing or subsequent breach. A waiver shall be written and signed by the party against whom enforcement thereof is sought.

(h) Severability. If any provision of the Agreement is illegal or unenforceable, it shall be severed and the balance of the Agreement enforced.

(i) Enurement. The Agreement enures to the benefit of and binds the parties and their respective successors and permitted assigns.

(j) Amendment. The Agreement may be amended only by written agreement between the parties.

(k) Counterparts. The Agreement may be executed in counterparts, which when taken together shall constitute one and the same document. The Agreement may be executed by the exchange of signed counterparts by facsimile transmission or electronically in PDF or similar secure format.

(l) Joint and Several Obligations. The obligations of Consultant are and shall be deemed for all purposes to be the joint and several obligations of each and every one of the persons who have executed the Agreement as the “Consultant”.


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IN WITNESS WHEREOF the parties have executed this Agreement, effective as of the date first above written.

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

Authorized Signatory:

Print Name:

Title:

Date Signed:

CONSULTANT’S FULL LEGAL NAME

Authorized Signatory:

Print Name:

Title:

Date Signed:


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APPENDIX A DEFINITIONS AND INTERPRETATION

A.2 DEFINITIONS

(a) “Affiliate” means, with respect to a party, a corporation that controls, is controlled by, or is under common control with, that party.

(b) “Agreement” has the meaning ascribed to it in clause 1 of the Agreement.

(c) “Change” means:

(i) a deletion from the Services; or

(ii) an addition to, revision of or modification to, the Services which is within the general scope of the Agreement.

(d) “Change Directive” is the document issued and signed by Hydro’s Representative under clause 5 of the Agreement in the form set out in Appendix F, that changes the scope of the Services.

(e) “Change Order” is the document issued and signed by Hydro’s Representative under clause 5 of the Agreement in the form set out in Appendix E, that changes the scope of the Services.

(f) “Claim” means any claim, demand, action, cause of action, suit and proceeding.

(g) “Claim Costs” means any and all loss, damage, cost and expense, including but not limited to all reasonable legal, accounting and expert costs and expenses incurred in the investigation, defence or settlement of a Claim.

(h) “Compensation” means amounts payable to Consultant in accordance with Appendix C of the Agreement.

(i) “Confidential Information” means technical, financial, commercial and legal information and information expressly identified by the information owner as proprietary or confidential, that is disclosed or otherwise made available by one party to the other whether orally or in any other media or form and includes the Work Product, the existence of the Agreement and the contents hereof, but excluding information that is:

(i) in the public domain before disclosure to the receiving party, or becomes in the public domain thereafter otherwise than as a result of a breach by the receiving party of its obligations of confidentiality under the Agreement;

(ii) known to the receiving party before it is disclosed by the disclosing party;

(iii) developed independently by the receiving party without reference to the information disclosed by the disclosing party as evidenced by written or other tangible records; or


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(iv) received by the receiving party from a third person, who is not under any obligation to the disclosing party to restrict disclosure.

(j) “Consultant’s Representative” means the person appointed by Consultant for this role under clause 9 of the Agreement, as such person may be replaced by Consultant from time to time in accordance with the Agreement. Unless BC Hydro is expressly advised otherwise, Consultant’s Representative: (i) has the responsibility for managing the Agreement on behalf of Consultant and has full authority to act on behalf of and bind the Consultant; and (ii) may, in writing, delegate any or all of his or her authority to any other person.

(k) “Contractor Code of Conduct” means the Code of Conduct Guidelines Applicable to BC Hydro Contracts, a copy of which is available at http://www.bchydro.com/toolbar/about/who_we_are/corporate_citizenship/code_of_conduct.html or by contacting Hydro’s Representative.

(l) “CSA Completion” means that the Services have been completed in all respects, all deficiencies have been corrected, all Submittals have been made and completed in accordance with clause 4 of the Agreement, and all materials, tools and equipment have been removed from the Site, all to the satisfaction of BC Hydro.

(m) “Embedded IP” has the meaning ascribed to it in (z) of this Appendix A.

(n) “Force Majeure Events” has the meaning ascribed to it in clause 28 of the Agreement.

(o) “GST” means the Goods and Services Tax as provided in Part IX of the Excise Tax Act (Canada).

(p) “Hydro’s Representative” means the person appointed by BC Hydro for this role under clause 9 of the Agreement, as such person may be replaced by BC Hydro from time to time in accordance with the Agreement. Unless Consultant is expressly advised otherwise, Hydro’s Representative: (i) has the responsibility for managing the Agreement on behalf of BC Hydro and has full authority to act on behalf of and bind BC Hydro; and (ii) may, in writing, delegate any or all of his or her authority to any other person.

(q) “Laws” means all applicable constitutions, charters, acts, laws, statutes, regulations, ordinances, by-laws, rules, protocols, codes, guidelines, judgments, orders, notices, directions, decrees, treaties or other requirements whether national, provincial or local made or issued by any government or governmental agency or authority.

(r) “Permits” means permits, licenses, approvals and similar authorisations issued by any government or governmental agency or authority for the Project.

(s) “Project” has the meaning set out in Section 1.1 of the RFP, of which the Services is a part;

(t) “Project Site” means where the Project will be located, constructed and installed;


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(u) “Services” means the services and other obligations to be performed by Consultant under the Agreement, as described in Appendix B, as amended from time to time by Change Order or Change Directive.

(v) “Site” means the location where the Services are to be performed as described in the Agreement documents;

(w) “Subcontractor” means all subcontractors, sub-consultants, suppliers, manufacturers and vendors (each a “Subcontractor” and the term “Subcontractor” will be deemed to include all further subcontractors, sub-consultants, suppliers, manufacturers and vendors engaged below a Subcontractor) engaged to perform a portion of the Services.

(x) “Submittals” has the meaning ascribed to in clause 4 of the Agreement.

(y) “Third Party Claim” means a Claim made against a party to the Agreement by a third party.

(z) “Work Product” means all permanent structures, if any, added at the Site, all samples, and all Submittals, drawings, data, plans, models, designs, reports, specifications and other documents and all concepts, inventions, methods, mechanisms, know-how, products and processes and any other deliverables to be prepared, produced or supplied by Consultant under the Agreement as part of the Services, and all copyright and other intellectual property rights therein. For greater certainty, Work Product does not include intellectual property that is proprietary to Consultant and: (i) used by Consultant to prepare, produce or supply the Work Product; or (ii) that is otherwise embedded within the Work Product (“Embedded IP”), provided such intellectual property was not specified as a deliverable under the Agreement; or (iii) specifically identified in Appendix B as being excluded from the Work Product.

A.3 INTERPRETATION

Grammatical variations of defined terms have similar meanings, the singular includes the plural and vice versa, and the masculine includes the feminine and neuter, where the context requires. The division of the Agreement into clauses, subclauses, paragraphs and Appendices is for convenience and does not affect the interpretation of the Agreement. The word “including” is deemed to be followed by “without limitation”. Special Conditions, if any, govern over the Agreement.


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APPENDIX B SCOPE OF SERVICES

(To be developed based upon the Requirements attached as Appendix 1-1 to Part 1 of this RFP, the successful Proponent’s Proposal and negotiations with the successful Proponent)


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APPENDIX C COMPENSATION

HOURLY/UNIT RATE PLUS EXPENSES

C.1 FEES

(a) Fees - Subject to clause C.1(b) of this Appendix C, BC Hydro shall pay Consultant for performance of the Services fees, calculated based on time spent by Consultant’s personnel in performing the Services, in accordance with the following:

Personnel Class Hourly Rate

(b) Maximum Fees - The maximum aggregate liability of BC Hydro to Consultant for fees pursuant to clause C.1(a) of this Appendix C is limited to an amount equal to $____ and BC Hydro shall not pay or otherwise be liable to Consultant for fees in excess of such amount unless otherwise expressly agreed to in writing by BC Hydro.

C.2 EXPENSES

(a) Expenses - BC Hydro shall reimburse Consultant at cost for any and all expenses and other external costs reasonably incurred in connection with the performance of the Services including, without limitation, computer use, travel costs, reproduction and duplicating services and materials, communication costs, field office and service costs and cost of subcontractors. Notwithstanding the foregoing, BC Hydro shall not be liable to reimburse Consultant for individual expense commitments exceeding $2000.00 unless previously approved in writing by BC Hydro.

C.3 PAYMENT CONDITIONS

(a) Invoicing - Consultant shall invoice fees and expenses monthly. Consultant shall send invoices as follows:

Via e-mail • Send invoices to: [email protected]. • Submit in PDF format only. • Include a maximum of five (5) invoices per single e-mail (one invoice per

PDF). • A confirmation e-mail will be automatically sent upon receipt by the Accounts

Payable mailbox. It is Consultant’s responsibility to re-submit any e-mails that receive a non-delivery notice.

• Do not send duplicate hard-copy or soft-copy invoices in any manner. (Should a need arise to submit a copy of an invoice, ensure it is clearly labelled “COPY”).


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• Send supporting and back-up documents to Hydro’s Representative only, not to the above e-mail address.

• Include Consultant contact name.

Note: Incomplete invoices (as well as any invoices with supporting documents attached) will be e-mailed back to the sender. See “All invoices must include the following information” below..

Via Canada Post • Mail hard-copy invoices to:

BC Hydro Accounts Payable 6911 Southpoint Drive, Burnaby, BC V3N 4X8

• Do not send duplicate hard- or soft-copy invoices in any manner. (Should a need arise to submit a copy of an invoice, ensure it is clearly labelled “COPY”).

• Send supporting and back-up documents to Hydro’s Representative only, not to the above mailing address.

Note: Incomplete invoices will be returned to the sender. See “All invoices

must include the following information” below. Faxed invoices are not accepted by BC Hydro.

All invoices must include the following information: 1. Addressee (BC Hydro Accounts Payable) 2. BC Hydro Order Number: PO # (Purchase Order #) or CO # (Contract

Order #) Note: • For Blanket Contract or Purchase Orders (BCO/ BPO) a release number

must be included. • Reference only one (1) order per invoice.

3. GST Registration Number 4. Invoice Number 5. Total Invoice Value with GST clearly identified

• State any applicable holdback amount before invoice total • If applicable, include the corresponding PO/BPO Release line item,

quantity and unit price. 6. Contact name and e-mail address Payment - Subject to any qualifications or requirements specified in the Agreement including retention of holdbacks, BC Hydro will pay Consultant the amount of each invoice prepared and submitted in accordance with this Appendix 30 days after receipt of the invoice. Electronic Commerce (eCommerce) - Consultant shall, at BC Hydro’s request implement the Ariba Network eCommerce system to transact all orders and invoicing. Should Consultant require more information on Ariba or to confirm fees


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Consultant should visit http://www.ariba.com/solutions/sell/supplier-membership-program/overview. Electronic (EFT) Payment of Invoices (Canadian Suppliers) – All invoice payments from BC Hydro to Consultant shall be made by direct deposit using Electronic Funds Transfer (EFT). An email remittance advisory will be sent to notify Consultant once a payment is deposited. Consultant shall provide written confirmation of the bank account to which payments are to be deposited, by completing and submitting a Direct Deposit Application Form (“Deposit Application”), in a form to be provided by BC Hydro, to Hydro’s Representative not more than seven (7) days following execution of the Agreement. All information provided in the Deposit Application shall be deemed to form part of the Agreement and may be relied on by BC Hydro without further investigation. BC Hydro reserves the right (but not the obligation), at its sole discretion, to require additional evidence of the accuracy of Consultant’s payment information and Consultant shall cooperate in providing such additional evidence. Consultant shall be responsible for any EFT-related fees charged by its financial institution. The above requirements shall also apply to any changes that Consultant wishes to make to its direct deposit information during the term of the Agreement. Electronic (Wire Transfer) Payment of Invoices (International Suppliers) – All invoice payments from BC Hydro to Consultant shall be made by wire transfer, bank draft or cheque at BC Hydro’s discretion. Consultant shall provide written confirmation of the bank account to which payments are to be wired, by completing and submitting a Direct Deposit Application Form (“Deposit Application”), in a form to be provided by BC Hydro, to Hydro’s Representative not more than seven (7) days following execution of the Agreement. All information provided in the Deposit Application shall be deemed to form part of the Agreement and may be relied on by BC Hydro without further investigation. BC Hydro reserves the right (but not the obligation), at its sole discretion, to require additional evidence of the accuracy of Consultant’s payment information and Consultant shall cooperate in providing such additional evidence. Consultant shall be responsible for any fees related to the wire payment charged by the receiving institution(s). The above requirements shall also apply to any changes that Consultant wishes to make to its wire transfer information during the term of the Agreement.

(b) Disputed Invoices - BC Hydro reserves the right to withhold payment of any invoice, or, at BC Hydro’s discretion, any portion of an invoice, which BC Hydro determines, acting reasonably, is not in accordance with this Agreement and shall on receipt of such invoice promptly notify Consultant in writing of the reason for such withholding.

(c) Holdbacks - NOT USED

(d) Taxes - Fees and expenses do not include any applicable GST, which shall be calculated and included as a separate line item in invoices, for payment by BC Hydro in accordance with applicable Laws. Notwithstanding the foregoing, if


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Consultant is obliged to collect GST in respect of the Services performed under this Agreement, Consultant shall be registered for GST under the Excise Tax Act (Canada) and shall provide to BC Hydro on all invoices, Consultant’s GST registration number. British Columbia Provincial Sales Tax is not chargeable by Consultant or payable by BC Hydro under this Agreement.

(e) Non-Resident Withholding - Where Consultant is a non-resident of Canada, BC Hydro may withhold from any payments to Consultant, and remit to such applicable governmental agency or authority, such amounts as may be required to be withheld and remitted pursuant to applicable Laws.

(f) Records - Consultant shall maintain for a period of 6 years accurate records of time spent by its personnel in performing Services and of expenses incurred and provide to BC Hydro copies of all applicable receipts (other than credit card receipts) for which Consultant seeks reimbursement. In addition, Consultant shall permit BC Hydro, at its request, to examine those records at Consultant’s offices during normal business hours for the purpose of verifying the accuracy of invoices.

(g) Currency - Fees and expenses shall be paid in Canadian dollars (“Agreement Currency”). If wages, salaries or expenses are incurred and paid in any other currency, they shall be converted to the Agreement Currency at the conversion rate quoted by Royal Bank of Canada for the business day preceding the invoice date.

(h) Fixed Rates - Consultant acknowledges and agrees that charge rates for Consultant’s personnel and expenses are fixed for the duration of the Agreement and are not subject to review and adjustment.


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APPENDIX D INSURANCE

D.1 INSURANCE REQUIRED

Consultant shall obtain, maintain until CSA Completion or earlier termination of the Agreement or such longer period as may be specified below, and pay the premiums for, the following insurance coverage:

(a) Automobile Liability Insurance. Automobile liability insurance covering liability for bodily injury, including death, and property damage arising out of ownership, use or operation of Consultant owned or leased licensed motor vehicles of $2 million inclusive per occurrence.

(b) Professional Liability Insurance. NOT USED

(c) Commercial General Liability Insurance. A “commercial general liability insurance policy”, in an amount of $2 million per occurrence, with cross liability and severability of interest clauses or equivalent wording, and a standard “non-owned automobile liability endorsement”. The policy shall name BC Hydro as an additional insured with respect to liabilities that arise out of Consultant’s operations. The policy shall provide coverage not less than the insurance required by IBC Form 2100, or its equivalent replacement, and shall remain in place for 24 months following CSA Completion, or earlier termination of this Agreement. All insurance policies required under this clause D.1(c) shall be considered primary but only with respect to the Named Insured’s negligence in the performance of the Agreement.

(d) Property Insurance. Property insurance covering loss or damage to tools, property and equipment of Consultant or for which Consultant is legally liable or responsible in an amount equal to the full replacement value of such tools, property and equipment (or on such basis as BC Hydro may approve) with a waiver of the insurer’s rights of subrogation against BC Hydro, with coverage and terms satisfactory to BC Hydro.

D.2 PROOF OF INSURANCE

Upon request by BC Hydro, Consultant shall provide BC Hydro with a completed Certificate of Insurance evidencing insurance coverage in place meeting the requirements set out above in this Appendix D, except that no evidence of automobile insurance required under clause D.1(a) above is required unless evidence of such insurance is specifically requested. On written request by BC Hydro, Consultant shall provide a copy of any insurance policy required to be obtained by Consultant under the Agreement.

D.3 NOTICE OF CANCELLATION

All insurance policies required under clauses D.1(b), (c) and (d) of this Appendix D shall provide that 30 days written notice of cancellation shall be given to BC Hydro. Consultant is solely responsible to determine the appropriate type and amount of insurance to carry, but shall maintain, during the Agreement, at least the amount and type of insurance specified in this Appendix D.


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D.4 WORKERS COMPENSATION

Consultant shall comply with workers compensation or equivalent legislation that is applicable to it, including the payment of assessments and dues thereunder. Consultant’s Workers’ Compensation Board registration number is _____ in the jurisdiction of _____. If Consultant has workers compensation coverage by insurance, the insurance certificate provided under clause D.2 of this Appendix D shall identify such coverage under “OTHER”.

Before commencing the Services on the Site and, in any event, within 14 days of entering into the Agreement, and at any time on request of Hydro’s Representative, Consultant shall deliver to Hydro’s Representative: (a) a statement from the Workers’ Compensation Board that:

(i) Consultant is registered and in good standing; and

(ii) all persons performing the Services who are not covered by the Workers Compensation Act are covered under personal optional protection coverage available through the Workers’ Compensation Board; and

(b) Consultant’s Occupational Health and Safety Program, which shall:

(i) meet the requirements of all applicable Laws respecting the safe performance of the Services; and

(ii) address the coordination of occupational health and safety activities of employers, workers, and other persons at multi-employer workplaces, as that term is defined by the Workers Compensation Act.


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APPENDIX E CHANGE ORDER FORM

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY Agreement No. PAGE 1 of 2 Consultant: _________________________________________

CHANGE ORDER Notes: (1) Where space on this form is insufficient, please reference and attach additional sheets. (2) Terms used in this form and defined in the Agreement have the meaning given them in

the Agreement unless otherwise defined. DESCRIPTION OF CHANGE: ___________________________________________________

____________________________________________________________________________ REFERENCE:

Notice of Claim - Change No.

Drawings:

Specifications:

Other Instructions: PRICE ADJUSTMENT: Method of Valuation Tick one:

UNIT RATE SET OUT IN Appendix C ADDITIONAL UNIT RATES LUMP SUM COST PLUS PERCENTAGE

Details of Valuation ______________________________________________________________________ ______________________________________________________________________ Price Estimated price before this Change Order: $ Adjustment (firm /estimated ): $ (Tick the appropriate box) Estimated price after this Change Order: $


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Agreement No. PAGE 2 of 2 Consultant: _________________________________________

CHANGE ORDER SCHEDULE ADJUSTMENT

No Adjustment Adjustment: +/- ___________ days

Date required for CSA Completion: _________________________, 20___ SPECIAL CONDITIONS DATE: _______________, 20_____ SIGNED: Consultant British Columbia Hydro & Power Authority

By: By: Authorized Signatory Authorized Signatory


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APPENDIX F CHANGE DIRECTIVE FORM

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY Agreement No. PAGE 1 of 2 Consultant: _________________________________________

CHANGE DIRECTIVE Notes: (1) Where space on this form is insufficient, please reference and attach additional sheets. (2) Terms used in this form and defined in the Agreement have the meaning given them in

the Agreement unless otherwise defined. DESCRIPTION OF CHANGE: ___________________________________________________

____________________________________________________________________________ REFERENCE:

Notice of Claim - Change No.

Drawings:

Specifications:

Other Instructions: PRICE ADJUSTMENT: Details of Valuation ______________________________________________________________________ ______________________________________________________________________ Price Estimated price before this Change Directive: $ Adjustment (firm /estimated ): $ (Tick the appropriate box) Estimated price after this Change Directive: $


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Agreement No. PAGE 2 of 2 Consultant: _________________________________________

CHANGE DIRECTIVE SCHEDULE ADJUSTMENT

No Adjustment Adjustment: +/- ___________ days

Date required for CSA Completion: _________________________, 20___ SPECIAL CONDITIONS DATE: _______________, 20_____ SIGNED: British Columbia Hydro & Power Authority

By: Authorized Signatory


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APPENDIX G SOCIAL AND ENVIRONMENTAL RESPONSIBILITY

COMMUNICATION

G.1 Communications – Consultant shall communicate the requirements of this Appendix G to all subcontractors, workers and other persons involved in the provision of the Services.

G.2 Subcontractors – Where Consultant enters into a contract with a subcontractor, Consultant shall ensure that such contract requires the subcontractor to comply with the intent and the requirements of this Appendix G and Consultant shall implement a system, acceptable to Hydro’s Representative, to:

(a) monitor each subcontractor’s compliance with the intent and the requirements of this Appendix G; and

(b) include details of each subcontractor’s performance in the reports required under clause G.9.

ENVIRONMENTAL RESPONSIBILITY

G.3 Packaging and Shipment

(a) Consultant shall, to the extent practicable, ensure that all packaging of the Work Product, including any temporary packaging required for delivery of the Work Product:

(i) is free of polyvinyl chloride (PVC);

(ii) identifies, and clearly marks, all plastic parts heavier than 25g by material type and composition. BC Hydro will use such information for its own decision making concerning subsequent handling, waste recovery or disposal;

(iii) is at least 80% (by packaging weight) composed of materials that are either readily recyclable or can be composted. Consultant shall ensure that any packaging that cannot be recycled or composted can be lawfully disposed of in the applicable local (municipal) waste system;

(iv) is free of heavy metals in any packaging or packaging component. To the extent that it is impracticable to eliminate all heavy metals from packaging or packaging components, Consultant shall ensure that any heavy metals in any packaging or packaging components can be lawfully disposed of in the applicable local (municipal) waste system; and

(v) is minimized, while ensuring that the Work Product is properly packaged for safe shipment and delivery.

(b) Consultant shall take commercially reasonable measures in the transportation and delivery of the Work Product to avoid causing negative impacts to the environment.


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G.4 Compliance with BC Hydro’s Directions - Consultant shall comply with clause 18 and any directions given by Hydro’s Representative with respect to the protection and preservation of the environment.

G.5 Change - Where a direction by Hydro’s Representative under clause G.4 imposes a requirement greater than that imposed elsewhere under the Agreement, the provisions of clause 5 shall apply.

SOCIAL RESPONSIBILITY

G.6 Non-Discrimination – Without limiting the requirements of clauses 10 and 18, Consultant and its subcontractors are expected not to engage in discrimination based on factors such as, but not limited to, race, colour, age, gender, sexual orientation, ethnicity, disability, pregnancy, religion, political affiliation, union membership or marital status, in their hiring and employment practices such as compensation, promotions or access to training and development.

G.7 Respectful Workplace – Consultant shall clearly define its disciplinary policies and procedures and communicate such policies and procedures to all subcontractors, workers and other personnel involved in the provision of the Services. Without limiting the requirements of clause 10 and 18, Consultant is expected to:

(a) provide a respectful workplace where all workers and other persons involved in the provision of the Services, are treated with dignity and respect; and

(b) not engage in nor tolerate any harsh or inhuman treatment of workers or other persons involved in the provision of the Services, including physical, sexual or verbal harassment or abuse or any threat of such treatment.

MONITORING AND REPORTING

G.8 Monitoring – Consultant shall implement a system, acceptable to Hydro’s Representative, to monitor and report on compliance with both the intent and the requirements of this Appendix G.

G.9 Reporting – Within 15 days after the award of the Agreement, Consultant shall provide to Hydro’s Representative a written report detailing Consultant’s social and environmental responsibility policies and programs.

On or before the 1st day of each calendar quarter, Consultant shall provide to Hydro’s Representative a written report detailing:

(a) material changes to Consultant’s social and environmental responsibility policies and programs, if any;

(b) new social or environmental responsibility policies or programs implemented by Consultant during the preceding calendar quarter, if any; and

(c) any breach, or potential breach, of the intent or requirements of this Appendix G, including, where applicable:

(i) any resulting, or anticipated, negative social or environmental impacts;


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(ii) the measures taken by Consultant to avoid, or minimize, the effect of any such negative social or environmental impacts; and

(iii) the steps Consultant has taken, or proposes to take, in order to avoid any continuing, repeated or future breach of the intent or requirements of this Appendix G.


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APPENDIX H SPECIAL CONDITIONS

SC1 CONFLICT OF PROVISIONS

In the event of conflicts or inconsistencies, if any, between or among the special conditions contained within this Appendix H and the other terms and conditions of the Agreement, the special conditions set out in this Appendix H take precedence and govern over the other terms and conditions of the Agreement.

SC2 CONFIDENTIALITY ACKNOWLEDGEMENTS The Consultant shall at BC Hydro’s request cause each of its employees and subcontracted personnel who will be performing the Services to sign and deliver individual confidentiality acknowledgements to BC Hydro, in the form attached as Exhibit H-1 or as otherwise prescribed by BC Hydro. SC3 PRIVACY PROTECTION To the extent Consultant has access, whether direct, indirect or incidental, or opportunity to access, any “personal information”, as that term is defined in the Privacy Protection Schedule attached as Exhibit H-2, Consultant shall inform all of its personnel having access to any personal information in the course of performing the Services of the confidential nature thereof and shall ensure that its personnel maintain the confidentiality of the personal information in accordance with the terms of the Privacy Protection Schedule. BC Hydro and Consultant shall have the respective rights and obligations applicable to each of them as provided in the Privacy Protection Schedule and clause 11 of the Agreement shall not apply in respect of any such “personal information”. SC4 PERSONAL INFORMATION CONSENT FORM Clause 11 - Privacy is amended by deleting the second to last sentence and replacing it with: “The consents shall be in the form set forth in Exhibit H-3.” SC5 ABORIGINAL INCLUSION AND REPORTING REQUIREMENTS The Consultant will perform the Services in accordance and in compliance with the requirements set out in Appendix I - Aboriginal Inclusion and Reporting Requirements. Failure to comply with the requirements of Appendix I - Aboriginal Inclusion and Reporting Requirements will be deemed to be a default under the Agreement to which the provisions of clause 25 will apply. SC6 SAFETY Clause 16 (Safety) is deleted in its entirety and replaced with the following:

“16. Safety

The Consultant shall perform the Services in accordance and in compliance with the requirements set out in Appendix J - Safety.


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Failure to comply with the requirements of Appendix J – Safety will be deemed to be a default under the Agreement to which the provisions of clause 25 will apply.”

SC7 LABOUR WORKFORCE The Consultant shall perform the Services in accordance and in compliance with the requirements set out in Appendix K - Labour Workforce.

Failure to comply with the requirements of Appendix K – Labour Workforce will be deemed to be a default under the Agreement to which the provisions of clause 25 will apply.

SC8 QUALITY MANAGEMENT The Consultant shall perform the Services in accordance and in compliance with the requirements set out in Appendix L - Quality Management.

Failure to comply with the requirements of Appendix L – Quality Management will be deemed to be a default under the Agreement to which the provisions of clause 25 will apply.

SC9 ENVIRONMENTAL OBLIGATIONS Appendix G – Social and Environmental Responsibility is deleted in its entirety and replaced with the following:

“The Consultant shall perform the Services in accordance and in compliance with the requirements set out in Appendix M – Environmental Obligations.

Failure to comply with the requirements of Appendix M – Environmental Obligations will be deemed to be a default under the Agreement to which the provisions of clause 25 will apply."

SC10 RECORDS AND AUDIT

SC10.1 Retention of Documents

The Consultant will, during the performance of the Service and for a period of ten years after termination of the Agreement, keep and maintain proper and accurate accounts and records, including all agreements with Subcontractors, invoices, statements, Permits, manifests, receipts, vouchers, calculations, reports, data, time and material costing records with respect to the Service undertaken on a time and materials or cost- plus basis, drawings, plans and other documents, including substantiation of any engagement of Aboriginal Businesses or Aboriginal persons in the Service and statements made on any Vendor Aboriginal Inclusion Reporting Form – Spend Forecast or Actual Commitment, and verification of the status of any Aboriginal Business or Aboriginal person engaged in the Service, in hard or electronic form, in respect of the Project and the Service, in accordance with Good Industry Practice.


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SC10.2 Audit

The Consultant will, upon reasonable written notice, make all information described in SC 10.1 available to Hydro’s Representative and any of his or her nominees during the performance of the Services and for the ten year period described in SC 10.1 for review and audit. The Consultant will, upon written request from Hydro’s Representative within such time period, and in any event prior to disposal of such information, provide Hydro’s Representative with a copy of any such information in a form satisfactory to Hydro’s Representative, acting reasonably.

SC10.3 Audit Not a Waiver

No audit conducted by Hydro’s Representative or BC Hydro or any of their nominees will at any time constitute approval or acceptance of any Services under the Agreement, nor be considered a waiver by BC Hydro of any of the terms of the Agreement, nor relieve the Consultant of any of its duties, obligations or responsibilities under the Agreement to perform the Services in accordance with the requirements of the Agreement documents. SC11 CLAIM FOR CHANGE

Claim for a Change

The following applies where the Consultant wishes to claim that a Change has occurred:

(a) if the Consultant receives a direction, instruction or decision from Hydro’s Representative for which a Change Order or Change Directive was not given, then the Consultant may only claim fees or the time for the performance of the Service, in accordance with the provision of sections 10.5, 10.6 and 11.2 (b) of Appendix M – Environmental Obligations, or both as follows:

(i) prior to proceeding with such direction, instruction or decision, the Contractor will give written notice to Hydro’s Representative of its intention to make such a claim with sufficient detail to permit Hydro’s Representative to be able to understand the basis for the claim as well as the anticipated impact on the fees, if any, and the time for the performance of the Service, if any; and

(ii) the Consultant will maintain daily records of the resources used in connection with the claimed Change, including labour, equipment and materials, prepared contemporaneously with the performance of the affected Service, and submit such records, together with the amount claimed for such Service, to Hydro’s Representative on a rolling two business day basis;

(b) upon receipt of a notice under SGC11(a)(i) from the Consultant, Hydro’s Representative will promptly investigate the conditions giving rise to the claimed Change;

(c) in no event will the Consultant be entitled to, nor will the Consultant make any claim for fees or the time for the performance of the Service on account of any


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circumstance, condition or event that entitles the Consultant to make a claim under SGC11:

(i) that occurs more than seven days prior to the notice delivered by the Consultant to Hydro’s Representative as provided by SGC11(a)(i); or

(ii) notwithstanding SGC11(c)(i), to the extent BC Hydro is materially prejudiced by any delay in the Consultant complying with its obligations under SGC11(a)(i); and

(d) in no event will the Consultant be entitled to, nor will the Consultant make any claim for, an adjustment to the fees on account of any circumstance, condition or event that entitles the Consultant to make a claim under SGC11 for which the Consultant has not kept, nor made available to Hydro’s Representative, the records as required under SGC11(a)(ii).

If Hydro’s Representative refuses the Consultant’s request for a Change Order or Change Directive, then the Consultant may dispute such refusal under clause 35.


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EXHIBIT H-1 CONFIDENTIALITY AGREEMENT

(To be completed by every individual working on the Services)

SITE C CLEAN ENERGY PROJECT

Name: ________________________

Company/Employer and Position ________________________________________________

You have been invited to participate in the Site C Clean Energy Project (collectively the “Project”) on behalf of BC Hydro (“BC Hydro”). Your participation may be as a consultant, contractor, advisor or employee of a consultant, contractor or BC Hydro. In the course of your participation you may receive, have access to, or otherwise obtain “Confidential Information” (as defined below). As a condition of your participation or continued participation, BC Hydro requires you to agree to the following confidentiality terms and conditions, on which BC Hydro will rely: a) You will not use the Confidential Information in any way or for any purpose other than as

reasonably required for your participation in the Project. You will disclose the Confidential Information (or any portion thereof) only on a “need-to-know” basis to those persons with whom you work on the Project, and only on the condition that all such information be retained by each of those persons as strictly confidential.

b) If communication with the public or interested parties is part of your scope of work or responsibilities with BC Hydro then in order to provide clear and consistent communication about the Project, you will follow the protocols as may be provided to you by BC Hydro in disclosing any Confidential Information.

c) Subject to any disclosure requirements of the law, and subparagraphs(a) and(b), you will keep all Confidential Information that you receive, have access to, produce or otherwise obtain strictly confidential for a period of ten years after the date of this agreement, and you will not, without the prior express written consent of an authorized representative of BC Hydro, use, divulge, give, release or permit or suffer to be used, divulged, given or released, any portion of the Confidential Information to any other person, firm, corporation or other entity for any purpose whatsoever.

d) For the purposes of this agreement “Confidential Information” means:

(i) all information, documents and materials, whether in writing, oral or in electronic form, relating in any way to the Project, and includes: all schedules and budgets and other planning information; all reports (including draft reports) and correspondence; all procurement-related materials; and all proposals and submissions and tenders from any party relating to the Project;


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(ii) any other information, documents or materials relating in any way to the Project, including any information, documents or materials provided to you by a representative of BC Hydro or other person working on the Project; and

(iii) any information, documents or materials produced by you or any other person based on or developed out of any of the information, documents or materials described above.

e) For the purposes of this agreement “Confidential Information” does not include:

(i) information that is, or subsequently becomes, publicly available other than through a breach of this agreement or through a breach of a confidentiality agreement which another person has entered into concerning the Confidential Information;

(ii) information which you already possessed before commencing to participate in the Project;

(iii) information which is rightfully received from a third party without breach of any obligation of confidence to the disclosing party; or

(iv) information which is independently developed without the use of the Confidential Information.

f) You will return any Confidential Information in your possession to BC Hydro immediately upon receiving a written request to do so from BC Hydro.

g) The Confidential Information is proprietary and confidential, the disclosure of which would be contrary to the public interest and detrimental to BC Hydro.

h) The provisions of this agreement will remain in effect regardless of whether you continue to be involved in the Project.

i) If any portion of this agreement is found to be invalid or unenforceable by law by a court of competent jurisdiction then that portion will be severed and the remaining portion will remain in full force and effect.

j) If you breach this agreement, BC Hydro may take the benefit of all remedies available at law, including specific performance and equitable relief.

k) The above obligations are in addition to any confidentiality obligations to which you may be subject under contract with BC Hydro or as an employee under BC Hydro’s Code of Conduct.

If you agree to the terms as set out above, kindly so indicate by signing a copy of this agreement.

THE ABOVE TERMS are agreed and consented to this _______ day of __________, 20___ Per: _______________________________

[Signature of person named above]


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EXHIBIT H-2 PRIVACY PROTECTION SCHEDULE

This Privacy Protection Schedule forms part of the Contract referred to in this Appendix as the “Agreement” between BC Hydro and Consultant. Definitions 1. In this Schedule,

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

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

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

Purpose 2. The purpose of this Schedule is to:

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

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

Collection of personal information 3. Unless the Agreement otherwise specifies or BC Hydro otherwise directs

in writing, Consultant may only collect or create personal information that is necessary for the performance of Consultant’s obligations, or the exercise of Consultant’s rights, under the Agreement.

4. Unless the Agreement otherwise specifies or BC Hydro, the individual whose personal information is at issue, or that individual’s lawful representative otherwise directs in writing, Consultant must collect personal information directly from the individual the information is about.

5. Unless the Agreement otherwise specifies or BC Hydro otherwise directs in writing, Consultant must tell an individual from whom Consultant collects personal information: (a) the purpose for collecting it; (b) the legal authority for collecting it; and (c) the title, business address and business telephone number of the

person designated by BC Hydro to answer questions about Consultant’s collection of personal information.

Accuracy of personal information 6. Consultant must make every reasonable effort to ensure the accuracy

and completeness of any personal information to be used by Consultant or BC Hydro to make a decision that directly affects the individual the information is about.

Requests for access to personal information 7. If Consultant receives a request for access to personal information from a

person other than BC Hydro, the individual whose personal information has been requested, or that individual’s lawful representative, Consultant must promptly advise the person to make the request to BC Hydro unless the Agreement expressly requires Consultant to provide such access and, if BC Hydro has advised Consultant of the name or title and contact information of an official of BC Hydro to whom such requests are to be made, Consultant must also promptly provide that official’s name or title and contact information to the person making the request.

Correction of personal information 8. Within 5 business days of receiving a written direction from BC Hydro to

correct or annotate any personal information, Consultant must annotate or correct the information in accordance with the direction.

9. When issuing a written direction under section 8, BC Hydro must advise Consultant of the date the correction request to which the direction relates was received by BC Hydro in order that Consultant may comply with section 10.

10. Within 5 business days of correcting or annotating any personal information under section 8, Consultant must provide the corrected or annotated information to any party to whom, within one year prior to the date the correction request was made to BC Hydro Consultant disclosed the information being corrected or annotated.

11. If Consultant receives a request for correction of personal information from a person other than BC Hydro, the individual whose personal information has been requested, or that individual’s lawful representative, Consultant must promptly advise the person to make the request to BC Hydro and, if BC Hydro has advised Consultant of the name or title and contact information of an official of BC Hydro to whom such requests are to be made, Consultant must also promptly provide that official’s name or title and contact information to the person making the request.

Protection of personal information 12. Consultant must protect personal information by making reasonable

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

Storage and access to personal information 13. Unless BC Hydro otherwise directs in writing, Consultant must not store

personal information outside Canada or permit access to personal information from outside Canada.

Retention of personal information 14. Unless the Agreement otherwise specifies, Consultant must retain

personal information until directed by BC Hydro in writing to dispose of it or deliver it as specified in the direction.

Use of personal information 15. Unless BC Hydro otherwise directs in writing, Consultant may only use

personal information if that use is: (a) for the performance of Consultant’s obligations, or the exercise of

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

Disclosure of personal information 16. Unless the Agreement otherwise specifies or BC Hydro, the individual

whose personal information is at issue, or that individual’s lawful representative otherwise directs in writing, Consultant must not disclose personal information inside or outside Canada to any person other than BC Hydro, the individual whose personal information is at issue, or that individual’s lawful representative, or an entity that can legitimately compel disclosure under the laws of British Columbia. BC Hydro will not unreasonably withhold such direction.

17. Not Used Inspection of personal information 18. In addition to any other rights of inspection BC Hydro may have under

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

Compliance with the Act and directions 19. Consultant must in relation to personal information comply with:

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

(b) any direction given by BC Hydro under this Schedule. 20. Consultant acknowledges that it is familiar with the requirements of the

Act governing personal information that are applicable to it as a service provider.

Notice of non-compliance 21. If for any reason Consultant does not comply, or anticipates that it will be

unable to comply, with a provision in this Schedule in any respect, Consultant must immediately notify BC Hydro of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

Termination of Agreement 22. In addition to any other rights of termination which BC Hydro may have

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

Interpretation 23. In this Schedule, references to sections by number are to sections of

this Schedule unless otherwise specified in this Schedule. 24. Any reference to the “Consultant” in this Schedule includes any

subcontractor or agent retained by Consultant to perform obligations under the Agreement and Consultant must ensure that any such subcontractors and agents comply with this Schedule.

25. The obligations of Consultant in this Schedule will survive the termination of the Agreement.

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

27. Consultant must comply with the provisions of this Schedule despite any conflicting provision of the Agreement or the law of any jurisdiction outside Canada.


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EXHIBIT H-3 PERSONAL INFORMATION CONSENT FORM

With the provision of my signature at the foot of this statement I, ________________________, (Print Name)

consent to the indirect collection from _____________________________________________

(Print Name of Consultant)

by BC Hydro, of my personal information in the form of a work history, resume or summary of qualifications.

In consenting to this indirect collection, I understand that my personal information, so collected, shall be used by BC Hydro for the sole purpose of evaluating the performance by Consultant of its contractual obligations to BC Hydro. I understand further that my personal information, once collected by BC Hydro, shall be handled by BC Hydro in accordance with the provisions of the (BC) Freedom of Information and Protection of Privacy Act.

) ) Signature ) Date


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APPENDIX I ABORIGINAL INCLUSION AND REPORTING REQUIREMENTS

1 DEFINITIONS

In this Appendix I – Aboriginal Inclusion and Reporting Requirements, in addition to the definitions set out in clause A.1 of Appendix A – Definitions and Interpretation and in Appendix H – Special Conditions, if any, the following definitions will apply: “Aboriginal” means Indian (as defined in the Indian Act (Canada), Metis or Inuit; “Aboriginal Business” means: (a) a sole proprietorship, wholly owned by an Aboriginal person;

(b) a corporation with at least 51% of the equity, including common or voting shares, directly

owned by one or more Aboriginal Businesses or Aboriginal persons;

(c) a partnership or joint venture (between two or more Aboriginal Businesses or between one or more Aboriginal Business(es) and one or more non-Aboriginal Business(es) with at least 51% of the ownership rights, including any voting rights, directly owned by one or more Aboriginal Businesses or Aboriginal persons; or (d) any other business with a substantial amount of ownership rights held by one or more Aboriginal Businesses or Aboriginal persons, as determined by BC Hydro, acting reasonably.

“Aboriginal Inclusion Plan” has the meaning set out in Section 2.2 of the Appendix I; and “Local Aboriginal Groups” includes:

(a) Blueberry River First Nations;

(b) Doig River First Nations;

(c) Halfway River First Nations;

(d) McLeod Lake Indian Band;

(e) Prophet River First Nation;

(f) Saulteau First Nations; and

(g) West Moberly First Nations.

“Work Site” means any site owned, operated or controlled by BC Hydro, including the Project Site, or other site at which BC Hydro has directed Consultant to attend as necessary to perform the Services.


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2 COMMITMENTS

2.1 Commitments

The Consultant acknowledges that BC Hydro has commitments with respect to Aboriginal groups regarding business, employment and other opportunities relating to the Project, and that BC Hydro is looking to the Consultant to satisfy some of these commitments. Accordingly, the Consultant will use reasonable commercial efforts to achieve the following in the performance of the Services:

(a) provision of business opportunities for Aboriginal Businesses;

(b) provision of employment opportunities for Aboriginal persons; and

(c) provision of training opportunities for Aboriginal persons.

2.2 Aboriginal Inclusion Plan

The Consultant will prepare and sign a written plan (“Aboriginal Inclusion Plan”) that sets out the approach by which the commitments as described in Section 2.1 of the Appendix I for contracting of Aboriginal Businesses and the employment and training of Aboriginal persons can be achieved in the performance of the Services. The primary objective of the plan is to identify business opportunities for Aboriginal Businesses and employment and training opportunities for Aboriginal persons affiliated with Local Aboriginal Groups to participate directly or indirectly in the performance of the Services including identifying a match between skill sets and experience in the Local Aboriginal Groups and the skill sets the Consultant requires for the performance of the Services. The Aboriginal Inclusion Plan will, at a minimum: (a) Identify specific scopes of the Service which the Consultant and BC Hydro agree have

reasonable potential to provide contracting of Aboriginal Businesses and the employment and training of Aboriginal persons in the performance of the Service; and

(b) Identify targets (such as number of employees or dollar value of Work) for contracting

with Aboriginal Businesses and employing and training targets for Aboriginal persons in the performance of Service.

Prior to commencing any Service at the Work Site the Consultant will submit the draft Aboriginal Inclusion Plan to BC Hydro and the parties will, acting reasonably, review the submitted plan and collaborate to develop a final form of Aboriginal Inclusion Plan, in a timely manner, that is acceptable to both parties. 2.3 Reporting The Consultant will prior to the 15th day of a calendar month submit monthly Aboriginal Inclusion data to report the actual following amounts as of the end of the previous calendar month:


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(a) the number and value of contracts with Aboriginal Businesses relating to the performance of the Service that were awarded in the previous calendar month, and cumulative with respect to all Service performed to the end of the previous calendar month and, for each such contract:

(i) the type of contract (e.g. "Project site perimeter security");

(ii) the company to which the contract was awarded;

(iii) the total value of the contract; and

(iv) the amount paid on the contract, as supported by invoices, as of the end of the previous calendar month and cumulative with respect to all Service performed under the contract to the end of the previous calendar month;

(b) the number of Aboriginal persons, and number of hours, employed in the performance of the Service in the previous calendar month, and cumulative with respect to all Service performed to the end of the previous calendar month; and

(c) the number of Aboriginal persons, and number of hours, who have received training, and the type of training received in the previous calendar month, and cumulative with respect to all Service performed to the end of the previous calendar month,

together with variances from the targets as set out in the Aboriginal Inclusion Plan, as may be updated under Section 2.2 of this Appendix I. All Aboriginal Inclusion data will be separated to identify the specific Aboriginal groups that have been involved in the reporting period. The Consultant will submit the Aboriginal Inclusion data online in such form as Hydro’s Representative may from time to time require.

The Consultant will submit the Aboriginal Inclusion data with its invoices for payment issued as described in Appendix C – Compensation.


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APPENDIX J SAFETY

1 INTERPRETATION

1.1 Definitions

In this Appendix J – Safety, in addition to the definitions set out in clause A.1 of Appendix A – Definitions and Interpretation and in Appendix H – Special Conditions, if any, the following definitions will apply:

“Consultant’s Service Area” means the area where the Consultant will perform the Service as defined by the Agreement documents;

“CSMP” means the Site C Clean Energy Project Construction Safety Management Plan dated October 17, 2014, as it may be amended from time to time, a copy of which is available from BC Hydro on request;

“CSSMP” means the Contractor Site Safety Management Plan referred to in BC Hydro’s CSMP. The CSSMP can be considered equivalent and interchangeable with the term “SSMP”, which is required from all contractors prior to starting work, for detailing and controlling site hazards during construction activities;

“Emergency Response Plan” has the meaning set out in Section 4.1 of this Appendix J - Safety;

“Hazardous Material” means any substance for which worker exposure must be kept “as low as reasonably achievable” as that phrase is defined in Part 5 of the Occupational Health and Safety Regulations (OHSR) Province of BC;

“Limits of Approach” has the meaning set out in Rule 401 of BC Hydro’s Safety Practice Regulations, a copy of which can be found on the BC Hydro website and will be provided to the Consultant on request;

“Multiple Employer Workplace” has the meaning set out in Section 118 of the Workers Compensation Act (British Columbia) and in WorkSafeBC Regulation Part 20.3 (2) “a work location has overlapping or adjoining work activities of 2 or more employers that create a hazard to workers”;

“Notice of Failure to Comply” has the meaning set out in Section 4.6(a) of this Appendix J -Safety;

“Occupational Health & Safety Management Program (OHSMP)” has meaning set out in Part 3.3 of the Occupational Health and Safety Regulation (BC);

“OHSR” means the Occupational Health and Safety Regulation (British Columbia);

““Prime Contractor” has the meaning set out in Section 118 of the Workers Compensation Act (British Columbia);

“Public Hazard” has the meaning set out in Section 8.1 of this Appendix J - Safety;


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“Public Safety Management Plan” has the meaning set out in Section 8.1 of this Appendix J - Safety;

“Qualified” has the meaning ascribed to it in Part 1 of the OHSR;

“Qualified Site Safety Coordinator” has the meaning set out in Section 2.4 of this Appendix J - Safety;

“Safe Work Procedures” has the meaning set out in Section 3.2 of this Appendix J - Safety;

“Safety Area” has the meaning set out in Section 2.1 of this Appendix J - Safety;

“Safety Audits and Inspections” has the meaning set out in Section 6.1 of this Appendix J - Safety;

“Safety Laws” has the meaning set out in Section 3.1 of this Appendix J - Safety;

“Safety Order” has the meaning set out in Section 7.2 of this Appendix J - Safety;

“Site Safety Management Plan (SSMP)” has meaning set out in Section 3.1 of this Appendix J - Safety;

“Service Area” means any area at the Site in which the Services will be performed for the construction of the Project;

“WorkSafeBC” means the Workers Compensation Board of British Columbia; and

2 GENERAL OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS

2.1 Safety Areas

For the purposes of safety BC Hydro may designate a “Safety Area” and designate a specific contractor as the Prime Contractor for that Safety Area. A Safety Area may be comprised of the Consultant’s Service Area, other consultant’s work areas, an area of ancillary use such as a storage area or laydown area and roads and access lands. Any Safety Area may be a Multiple Employer Workplace such that more than one contractor may be required to use, perform work in or pass through the Safety Area. BC Hydro will identify all known hazards for the safety area (See Exhibit J-1 Known Hazards).

2.2 Duties of all Contractors

All Contractors will:

(a) ensure the health and safety of all workers working for the Consultant, and any other workers present at a workplace at which that the Consultant’s Services are being carried out;

(b) comply with the Workers Compensation Act (British Columbia), BC Hydro Safety Policies the OHSR and any applicable orders;


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(c) remedy any workplace conditions that are hazardous to the health or safety of the Consultant's workers;

(d) ensure that the Consultant’s workers are made aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work, comply with the Workers Compensation Act (British Columbia) BC Hydro Safety Policies, the OHSR and any applicable orders, and are made aware of their rights and duties under the Workers Compensation Act (British Columbia) and the OHSR;

(e) provide to the Consultant's workers the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work and to ensure the health and safety of other workers at the workplace; and

(f) maintain the workplace in a manner that ensures the health and safety of persons at or near the workplace. At all times have full regard for the safety of all persons on the Safety Area (whether such persons are present on the Safety Area lawfully or not) and will keep the Safety Area in a manner and in an orderly state that ensures the safety of such persons and that is appropriate to the avoidance of danger to such persons.

(g) prior to leaving the area at the conclusion of work in the Consultant’s Safety Area, the Consultant will take all practicable measures to ensure the Safety Area is free of all hazards created by the Services and all safeguards are in place to protect the health and safety of persons entering the Safety Area.

(h) In the event that it is not possible to implement all of the safeguards required to eliminate the hazards created by the Services, the contractor will forthwith communicate this information to the Prime Contractor.

2.3 Consultant as the Prime Contractor

The area(s) shown in Exhibit H-2 to this Appendix J – Safety, Safety Area Map, is the Consultant’s Safety Area, (and if there is more than one Safety Area indicated in this reference then for the purposes of this Appendix J - Safety, “Safety Area” will be deemed to apply to all such indicated Safety Areas).

BC Hydro hereby designates the Consultant as the Prime Contractor for that Safety Area(s) and the Consultant hereby agrees to be the Prime Contractor for that Safety Area(s). All references in this Appendix J - Safety to the Consultant will be deemed to mean the Prime Contractor except as otherwise stated. BC Hydro may, from time to time, at its sole discretion and on prior written notice from Hydro’s Representative to the Prime Contractor, expand or contract the boundaries of the safety area during the course of the work. The Prime Contractor will remain the Prime Contractor for the safety area unless otherwise advised by BC Hydro. Accordingly the Consultant will:

(a) take all steps or measures necessary, through such arrangements as are appropriate, to fulfill its obligations, functions and duties as the Prime Contractor;


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(b) file a Notice of Project for Construction in accordance with Section 20.2 of the OHSR;

(c) coordinate the activities of all of the employers and workers in the Safety Area so that the activities of the workers of one employer do not pose any risk to the workers of another employer;

(d) establish and maintain a system or process that will ensure compliance by the Consultant’s workers and the workers of other employers on the site with the Safety Laws in respect of the Safety Area;

(e) identify and document any work activities at the workplace where there is a known or reasonably foreseeable risk to workers;

(f) maintain the workplace in a manner that ensures the health and safety of persons at or near the workplace;

(g) at all times have full regard for the safety of all persons on the Safety Area (whether such persons are present on the Safety Area lawfully or not) and will keep the Safety Area in a manner and in an orderly state that ensures the safety of such persons and that is appropriate to the avoidance of danger to such persons;

(h) Post a site map with area of responsibility boundaries, the name of the Safety Coordinator, project layout, first aid location, emergency transportation provisions, location of contractors, and evacuation marshalling points marked;

(i) Ensure all contractors have site-specific safety plans for their work in the safety area; and

(j) Ensure all contractors report and investigate all accidents, incidents, injuries, and any unsafe practices or conditions.

(k) Alert all contractors, suppliers, and any other affected persons to any hazard created by overlapping or adjoining work activities of two or more employers.

2.4 Qualified Site Safety Coordinator

The Consultant will appoint a Qualified person (the “Qualified Site Safety Coordinator”) to coordinate health and safety activities for the Safety Area and deliver to Hydro’s Representative written notice of the designation of the Qualified Site Safety Coordinator. The duties of the Qualified Site Safety Coordinator will be:

(a) establishing and maintaining working relationships with WorkSafeBC and BC Hydro;

(b) prior to the commencement of work prepare and deliver to BC Hydro’s Representative a schedule of safety activities demonstrating implementation of the Consultant’s Site Safety Management Plan;


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(c) ensuring that all pre-existing hazards on the Safety Area have been identified and communicated to the Consultant’s workers and all other workers on the safety area;

(d) preparing or causing to be prepared a site drawing showing the project layout, first aid locations, emergency transportation provisions and the evacuation marshalling station;

(e) identifying and documenting all pre-existing hazards, and new hazards that arise during the performance of the Services for the Consultant’s and Subcontractor’s workers and for all other employers and their workers who for any reason come into the Safety Area;

(f) ensuring that the hazards are addressed throughout the duration of the work activities.

(g) identifying and documenting any activities at the workplace that could create a known or reasonably foreseeable risk to workers and informing all other contractors and their workers who for any reason come into the Safety Area of the activities and the hazards;

(h) preparing or causing to be prepared a set of written construction procedures designed to protect the health and safety of workers at the Safety Area;

(i) alerting all workers to all reasonably foreseeable hazards to which they are likely to be exposed;

(j) conducting documented site safety inspections at a frequency that prevents the development of unsafe conditions or procedures in the Safety Area;

(k) notwithstanding any limitation in the OHSR regarding the number of workers in any work force, implementing and at all times maintaining a formal Joint Health and Safety Committee for the Safety Area as if required by the Workers Compensation Act (British Columba), and maintaining compliance with those duties and functions as required by the Workers Compensation Act (British Columba); and

(l) advising BC Hydro immediately of any accidents or incidents that occur in the Safety Area including those that must be reported to WorkSafeBC.

2.5 Consultant Not the Prime Contractor

BC Hydro may, from time to time, at its sole discretion and on prior written notice from Hydro’s Representative to the Consultant, appoint a person other than the Consultant as the Prime Contractor (in this Section 2.5, the “Other Prime Contractor”) in connection with specified works and activities that may be undertaken and performed in a portion of the Safety Area (the “Specified Area”), for a specified period of time.

Upon receipt of written notice from Hydro’s Representative the Consultant agrees that it will cease to be the Prime Contractor in the Specified Area for the specified period of time, and the Consultant will comply with, and ensure compliance by its workers and subcontractors with all


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applicable safety requirements of the Other Prime Contractor, acting reasonably, in the Specified Area. The Consultant will provide the Qualified Site Safety Coordinator of the Other Prime Contractor with the name of a Qualified person designated by the Consultant to be responsible for the Consultant’s health and safety activities in the Service Area.

While acting as the Prime Contractor on the balance of the Safety Area, the Consultant will coordinate the health and safety activities of the other contractors doing work within the Safety Area to ensure at all times that the workers on the Safety Area do not create a hazard for the workers on the Specified Area.

Upon receipt from Hydro’s Representative of written notice of the conclusion of the works and activities referred to in the original notice, the Contractor will reassume and thereafter fulfil the responsibilities of the Prime Contractor as otherwise set out in this Appendix J - Safety at the Safety Area.

3 SITE SAFETY MANAGEMENT PLAN

3.1 Preparation and Submission

Within [30] days after the Effective Date, and in any event, at least 10 days before commencing any Services at the Site, the Consultant will prepare and submit the Consultant’s Site Safety Management Plan (“Site Safety Management Plan” or “SSMP”) to BC Hydro for review in accordance with the review procedure. The SSMP will be prepared by a Qualified person who will certify that the SSMP:

(a) has been prepared in accordance with the requirements of Workers Compensation Act (British Columbia) and OSHR and all applicable Laws and the Safety Regulations (the “Safety Laws”);

(b) meets the minimum standards of health and safety for each specified component of the Work, as determined by the applicable BC Hydro health and safety policies or standards;

(c) is in compliance with the Safety Standards and Regulations described in:

http://www.bchydro.com/about/suppliers/doing-business-with-bchydro/contractor-safety.html

(d) is in compliance with the Good Industry Practice and Exhibit H-2 Safety Minimum Requirements;

(e) addresses overall management of occupational safety, health and wellness and addresses mitigation of any risks due to occupational health and safety hazards associated with the Project, the Consultant’s Service Area and the performance of the Services. The SSMP will define the safety purpose, responsibilities, strategies and plans that direct the Consultant, its employees, its Subcontractors and its Subcontractors’ employees with a key focus made to those components of the Services, including cooperation with other contractors, BC Hydro and other persons at the Site;




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(f) the Prime Contractor component of the SSMP will include strategy for coordination of occupational health and safety activities within the Consultant’s Service Area, hazard identification and control, provision of first aid, strategy for ensuring training and competency, rules of conduct, and design, implementation, and maintenance of the system to ensure compliance with the Workers Compensation Act (British Columbia) and the OHSR, as well as the worksite rules of the Prime Contractor;

(g) addresses the development of emergency response in alignment with the BC Hydro overall site emergency response plan in communication with BC Hydro;

(h) contains the ‘Life Saving Rules’ as described in Section 3.5 of this Appendix J – Safety;

(i) includes a comprehensive physical and operational security program; and

(j) outlines Safe Work Procedures for specified aspects of the Work.

3.2 Safe Work Procedures

Prior to commencing any activities at the Site and as part of the SSMP, the Consultant will develop and submit a set of written instructions identifying the health and safety hazards associated with the performance of each type of activity associated with the performance of the Work (“Safe Work Procedures”) to BC Hydro for review as to completeness. The Consultant will engage a Qualified person knowledgeable in the applicable WorkSafeBC Regulation and work procedures to prepare each set of Safe Work Procedures. Each set of Safe Work Procedures will:

(a) address all site specific safety hazards and work procedures necessary to

address those hazards for the safe performance of the specific type of Service activity;

(b) include Safe Work Procedures and exposure control plans applicable to the site and the performance of the specific type of Service activity;

(c) include reference to hot work precautions including a permitting system;

(d) be prepared in accordance with the requirements of the CSMP and WorkSafeBC requirements;

(e) specifically identify the applicable procedures in the event of an accident or safety violation.

(f) Contain a specific requirement for compliance with BC Hydro's OSH Standard 318 “Exposure Control Plan for Silica Dust”

3.3 Amendment of SSMP

The Consultant will review and amend the SSMP when hazards change or scope of work changes to ensure that the SSMP at all times complies with the requirements set out in Section


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3.1. Prior to implementation of any SSMP amendments, the Consultant will submit the proposed amendments to Hydro’s Representative in accordance with the review procedure.

3.4 Compliance to SSMP

The Consultant will implement and comply with the SSMP, and require all Subcontractors to comply with the SSMP, prepared and as may be amended from time to time in accordance with the requirements of this Appendix J - Safety.

3.5 Life Saving Rules

The Consultant will ensure compliance with all applicable lifesaving rules by all persons on the Safety Area as part of the Site Safety Management Plan:

(a) limits of approach (LOA) will be maintained as required by WorkSafeBC Regulation Part 19.24 and 19.27;

(b) if working on equipment where the inadvertent start up or movement of the equipment would pose a risk to workers, ensure lockout is in place lock prior to the start of work;

(c) use fall protection when working at heights;

(d) maintain a safe atmosphere in a confined space and ensure each worker can be rescued;

(e) prevent harmful exposure to known carcinogens, toxins and bio-hazards;

(f) no work will be undertaken under the influence of alcohol or drugs; and

(g) adjust driving performance to the weather and road conditions.

3.6 WorkSafeBC Requirements

Within 60 days after the Effective Date but, in any event, before commencing any Work at the Site, and at any time on written request from Hydro’s Representative, the Contractor will deliver to BC Hydro a statement from WorkSafeBC that:

(a) each Subcontractor is registered and paying its premiums as required; and

(b) a notice of project has been filed in accordance with Section 20.2 of the OHSR.

3.7 Indemnity for WCB Non-Compliance

If the Consultant or anyone employed by or through the Consultant in the performance of any Services does not comply with the requirements of the Workers Compensation Act (British Columbia), including payment and deduction and remittance of any and all contributions, premiums, fees, assessments and charges required to be made thereunder, the Consultant will


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indemnify BC Hydro from any cost, loss, liability or obligation which BC Hydro may incur as a result.

3.8 Failure to Comply with WorkSafeBC Requirements

If at any time the Services or portion of the Services is stopped because the Consultant, or any Subcontractor fails or refuses to comply with an order issued pursuant to the Workers Compensation Act (British Columbia), then such failure or refusal will be deemed to be a default to which the provisions of clause 25 will apply.

4 SAFETY REQUIREMEMENTS

4.1 Emergency Response Plan

The Consultant will prepare an emergency response plan (the “Emergency Response Plan”) which:

(a) aligns with the BC Hydro overall site Emergency Response Plan

(b) outlines the warning systems for evacuation that will be in place;

(c) provides the Consultant’s (including all Subcontractors) emergency response protocol and procedures for safely managing potential emergency situations within the Safety Area; and

(d) defines the detailed safe, effective and timely evacuation procedures in the event of an emergency at the Site.

The Consultant will submit the Emergency Response Plan to Hydro’s Representative under the review procedure for review as to completeness.

4.2 Compliance to the Emergency Response Plan

The Consultant will implement and comply with the Emergency Response Plan, and require all Subcontractors to comply with the Emergency Response Plan, prepared and as may be amended from time to time in accordance with the requirements of this Appendix J – Safety.

4.3 Fire Fighting Plan

The Prime Contractor of the Safety Area will enter into an agreement with the Hudson’s Hope fire and rescue department to provide firefighting and rescue services and advise emergency services in Hudson’s Hope of their work activities and schedule.

Amendment of the Emergency Evacuation Plan

The Consultant will update the Emergency Evacuation Plan as required during the performance of the Services so that it at all times covers the Services being performed. The Consultant will submit the amendments to the Emergency Evacuation Plan to Hydro’s Representative under the review procedure for review as to completeness.


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4.4 First Aid Responsibility for the Prime Contractor

When BC Hydro designates the Consultant as the Prime Contractor, the Consultant will be responsible for meeting the requirements of the Workers Compensation Act (British Columbia), to provide, operate and maintain first aid resources, supplies, equipment and facilities on the Site in accordance with WorkSafeBC First Aid Regulations.

The Consultant will at all times during the performance of the Services provide Qualified first aid attendants on Site as required by WorkSafeBC First Aid Regulations for all of the Consultant’s employees and agents, Subcontractors, their employees and agents and guests. The Consultant will monitor and manage the adequacy and effectiveness of its first aid program, processes and personnel during the performance of the Services.

The responsibilities include without limitation:

(a) completing a first aid hazard assessment for the Safety Area;

(b) complying with the first aid requirements for total head count for the Service Area of responsibility;

(c) providing additional equipment, safety resources and certification levels required to comply with the WorkSafeBC requirements for first aid coverage for the safety area taking into account:

(i) the presence of multiple contractors and personnel in the Service Area of responsibility;

(ii) overlapping Service Areas;

(iii) work hazard ratings and risks arising from the performance of multiple work activities within the Service Area of responsibility;

(iv) work hazard ratings and risks arising from the performance of multiple work activities within the Service Area of Responsibility; and

(v) the number of workers in the Service Area of responsibility.

Notwithstanding the requirements in WorkSafeBC OSH Regulation Part 3, Schedule 3-A, the Consultant will provide emergency transportation vehicle, capable of safely transporting an injured worker in a stretcher. In addition, if evacuation from the worksite is expected to take more than an hour, the Consultant will develop a plan to evacuate workers by the fastest reasonable method with a goal of reducing evacuation time to an hour or less.

4.5 Safety Training

The Consultant will, with respect to the performance of the Services, and will ensure that other contractors with respect to their work, develop, implement, monitor and update any and all training programs required to train their employees in the hazards of the site and Services and the safe and proper performance of the Services. A safety training program will:

(a) comply with all requirements of WorkSafeBC and BC Hydro Safety Policies;


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(b) be delivered by Qualified persons;

(c) include orientation of all workers;

(d) identify and address both general and task specific hazards;

(e) address the rights, obligations and duties of all persons engaged in the performance of the Service with respect to occupational health and safety;

(f) address the potential consequences of non-compliance with the Safety Management Plan and the Site Safety Management Plan;

(g) be tailored to the tasks, duties and responsibilities of each person engaged in the performance of the Service;

(h) Include reference to the training documentation for trades apprentices

(i) include mechanisms for participants to evaluate and provide feedback with respect to the safety training sessions;

(j) be modified as and when required to respond to participant evaluations and feedback; and

(k) be provided free of charge to all persons engaged in the performance of the Work during normal working hours.

4.6 Failure to Comply

If the Consultant determines in its reasonable discretion that any employer or an employer’s worker performing work within the Safety Area is creating an unsafe or harmful condition or is doing or failing to do something that constitutes an unsafe or harmful act, or has failed to comply with the Workers Compensation Act (British Columbia), the OHSR, BC Hydro Safety policies or the Health and Safety Program, and that on written notice from the Consultant to the employer responsible for such of such condition, act or failure that the employer has failed or refused to take action to correct the condition, act or failure, including any condition, act or failure of a worker, then:

(a) the Consultant may issue a written notice (“Notice of Failure to Comply”) to the applicable employer stipulating in reasonable detail the basis for the issuance of the Notice of Failure to Comply, with a copy to Hydro’s Representative;

(b) on receipt of a Notice of Failure to Comply BC Hydro may, in reliance on the Notice of Failure to Comply, take whatever action it deems necessary to reduce or eliminate risk to workers;

(c) on rectification of the condition, act or failure set out in a Notice of Failure to Comply issued by the Consultant, the Consultant will withdraw the Notice of Failure to Comply by endorsing on a copy thereof confirmation of the rectification, and the Consultant will deliver a copy of the endorsed Notice of Failure to Comply to the applicable employer and to Hydro’s Representative,


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and in reliance on such receipt BC Hydro may take steps to permit the resumption of work; and

(d) BC Hydro will be deemed to have relied on the terms of and the reasons set out in the Notice of Failure to Comply, and a subsequently endorsed Notice that the condition has been rectified, notwithstanding any subsequent investigation or inquiry of the matter by BC Hydro, which BC Hydro may but will not be obligated to undertake, and the Consultant will indemnify and hold harmless BC Hydro in connection with any and all Claims arising in connection with the issuance of any Notice of Failure to Comply by the Consultant, or the subsequently endorsed Notice, and any acts or omissions of BC Hydro in reliance on such Notices.

5 SAFETY MEETINGS

5.1 Compliance, Participation, Attendance and Documentation

The Consultant will provide all documents, attend all meetings and conduct activities as required by the OSHR. The Consultant will cause its representative and its Subcontractors’ senior site representative to attend all safety meetings.

The Consultant will cause all other contractors doing work within the Safety Area to, hold, and maintain minutes of, daily safety tailboard meetings. The Consultant will provide to BC Hydro weekly and monthly safety statistics in a form acceptable to BC Hydro. The Consultant will cause representatives of its management staff and its hourly employees to attend the combined BC Hydro weekly safety meetings.

5.2 General Meetings

The Consultant’s Representative and the Consultant’s Site Safety Coordinator will regularly attend any Site meetings, including:

(a) Joint Health and Safety Committee meetings required under the BC Workers Compensation Act; and

(b) Site safety coordination meetings.

In addition, the Consultant will provide advance notice, for information only, of all such meetings to Hydro’s Representative. Representatives of BC Hydro will be permitted, but will not be obligated to, attend all such meetings.

5.3 Special Safety Related Meetings

At the commencement of the Service and at a minimum of once per quarter during the term of the Contract, senior representatives of the Consultant will meet with senior representatives of BC Hydro to:

(a) review the safety with respect to the Service and the Safety Area both lagging and leading indicators;


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(b) discuss learnings and identify opportunities for improvement for Safety with respect to the on-going performance of the Service; and

(c) define corrective action plans to proactively enhance the safety environment and safety performance for the Project and all employees.

6 AUDITS AND INSPECTIONS

6.1 Access to Service Area, Personnel and Records

The Consultant will allow BC Hydro and its agents’ unrestricted access to carry out safety inspections and audits of Site Services, worksite conditions and all pertinent health and safety performance records to determine adherence to safety and health objectives (“Safety Audits and Inspections”). BC Hydro and its agents’ personnel may carry out Safety Audits and Inspections without prior warning or notice to the Consultant. The Consultant will, during Safety Audits and Inspections, provide evidence of, or establish demonstrated compliance with, Safety Laws, the Site Safety Management Plans (SSMP) and Good Industry Practice.

6.2 Workplace Safety Audits

The Consultant will conduct workplace safety audits in accordance with Good Industry Practice at least once each month during the period between the Effective Date and the anticipated dates set out in Appendix B – Scope of Services.

Workplace safety audits will be conducted by the Prime Contractor’s Site Safety Coordinator and one of the Consultant’s Qualified Site Safety Coordinators. The Consultant will provide advance written notice, for information only, of each workplace safety audit to BC Hydro and a BC Hydro Representative may, but will not be obligated to, attend such audits. Workplace safety audits will measure the effectiveness of the Consultant’s occupational health and safety systems and determine the Consultant’s compliance with the OHSMP, the applicable SSMP’s, Safe Work Procedures and Safety Regulations.

The Consultant will review all workplace safety audit findings with the Consultant’s representative responsible for the Service Area being audited and will determine and implement corrective action for all identified nonconformities.

On or before the last day of each month, the Consultant will prepare and submit to Hydro’s Representative, for information only, a completed audit report.

The Consultant will promptly remedy all unsafe conditions and procedures and provide a report back to BC Hydro confirming that the applicable issue has been remedied.

6.3 Response to Safety Deficiencies

If, in the opinion of BC Hydro, the Consultant’s Services or operations pose an undue hazard, a representative of BC Hydro may shut down a portion or all of the Service until such time as the conditions are corrected. BC Hydro may verbally order the Consultant’s Representative or the Consultant’s supervisor to shut down the work effective immediately, and deliver notice in writing of the order to the Consultant’s Representative within 48 hours after giving the verbal order. The Consultant will not be entitled to any compensation or payment from BC Hydro for


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any costs the Consultant incurs by reason of such shutdown or the implementation of corrective safety measures.

On or before the last day of each month the Consultant will prepare and submit a statistical report of all Safety deficiencies to BC Hydro which reports will be maintained in accordance with SC11 Records and Audit of Appendix H – Special Conditions. The Consultant will document the implementation of all corrective actions and will, on a monthly basis, provide proof of the implementation of all corrective actions to BC Hydro.

6.4 Annual Audit

The Consultant will cause an independent third party, acceptable to BC Hydro, to conduct an audit of the Consultant’s OHSMP to the BC Construction Safety Association’s standard, not less than once each calendar year during the duration of the Agreement, in order to assess the Consultant’s compliance with, and implementation of, the OHSMP, as required by the Safety Laws and this Appendix J - Safety.

The Consultant will submit the independent auditor’s report to BC Hydro within one week of the anniversary of the completion of the previous annual audit in accordance with the review procedure, and in any event within 14 days after receipt.

6.5 Self-Reporting

The Consultant will implement and maintain an appropriate system of occupational health and safety management documentation, sufficient to demonstrate compliance with all applicable safety Laws and the requirements of this Appendix J - Safety. The Consultant will ensure that all health and safety reporting is prepared and maintained in a format that is consistent with BC Hydro’s then current health and safety reporting systems.

On or before the last day of each month prepare and submit a statistical report of all Safety deficiencies to BC Hydro which reports will be maintained in accordance with SC11 Records and Audit of Appendix H – Special Conditions.

The Consultant will document the implementation of all corrective actions and will, on a monthly basis, provide proof of the implementation of all corrective actions to BC Hydro”.

7 ACCIDENTS AND INCIDENTS

7.1 Accident and Incident Reporting

All contractors will immediately notify WorkSafeBC, the Prime Contractor and BC Hydro of the any incident if the incident involves serious injury or death, public safety, a public near-miss incident, a major structural failure or collapse, a major release of Hazardous Substance or any other circumstance which is required to be reported pursuant to Safety Laws; and

(a) for all accidents required by WorkSafeBC to be investigated, undertake and document within 48 hours a preliminary investigation to identify any unsafe, acts or procedures that significantly contributed to the incident and determine any necessary corrective action and submit the report to the Prime Contractor and to BC Hydro.


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(b) for all accidents required by WorkSafeBC to be investigated undertake and document within 30 days a complete investigation into the incident and submit the report to the prime contractor and to BC Hydro.

(c) prepare and submit such report to WorkSafeBC, and concurrently deliver a copy of such report to the Prime Contractor and BC Hydro (where an incident investigation report is required pursuant to the Workers Compensation Act (British Columbia); and

(d) The Prime Contractor will prepare and deliver to BC Hydro an investigation to determine if there were causative coordination or compliance issues with the incident.

On or before the last day of each month, the Consultant will prepare and submit a statistical report of all incidents to BC Hydro and such report will be maintained in accordance with SC11 Records and Audit of Appendix H – Special Conditions. The Consultant will document the implementation of all corrective actions and will, on a monthly basis, provide proof of implementation of all corrective actions to BC Hydro. 7.2 Orders The Consultant will ensure that if any employer receives an order issued by WorkSafeBC or any other authority having jurisdiction over safety issues on the Site (a “Safety Order”), the Consultant will, as soon as practicable, and in any event within 24 hours of receiving the Safety Order, notify Hydro’s Representative in writing of the Safety Order. The Consultant will copy BC Hydro on all correspondence related to the contract between WorkSafeBC and contractor. The contractor will copy BC Hydro on any Notice of Compliance delivered to WorkSafeBC. 8 PUBLIC SAFETY 8.1 Public Safety Management Plan (PSMP) The Consultant will develop a plan (the “Public Safety Management Plan”) that: (a) outlines the measures, procedures and processes that the Consultant will ensure that its contractors and its Subcontractors will implement to protect the public from any hazards associated with or generated by the performance of the Services that could affect the public (the “Public Hazards”); (b) identifies, documents, tracks and evaluates potential Public Hazards; and (c) documents and manages the control measures implemented by the Consultant to eliminate, control or mitigate the Public Hazards with response priority based on BC Hydro’s Risk Ranking and response profile. The Consultant will implement and comply with the Public Safety Management Plan and will revise and update the Public Safety Management Plan as required to document the control measures implemented by the Consultant to eliminate, control or mitigate Public Hazards. The Consultants’ Public Safety Management Plan will align with the BC Hydro Public Safety Management Plan for the overall Project. If the Consultant becomes aware of a Public Hazard that places the public at risk, the Consultant will act immediately to correct or mitigate the Public Hazard. If the Consultant is


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unable to take immediate action to correct or mitigate such Public Hazard, the Consultant will immediately stop the performance of the Service, and immediately notify BC Hydro of the Public Hazard and await further notice and direction.


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EXHIBIT J-1 – KNOWN HAZARDS

Action Name/Title Date Hazard Assessment Prepared by:

Jim Allman June, 2016

Reviewed by:

Approved by:

1.0 Physical Details Name Site C Clean Energy Project Location Peace River near Hudson’s Hope, 90 km west of Fort St. John Description Survey and Design of a Berm Access / Egress Highway 29

2.0 Pre-Existing Hazards (All Hazards identified during the hazard assessment MUST be controlled by Prime Contractor HAZARD ASSESSMENT CONTROL REQUIRED Underground and Overhead Utilities

There may be underground and or overhead utilities in the worksite

“Call before you dig” and Limits of approach procedures in place

Congested Area Multiple activities taking place at same time

Planning and Coordination to ensure no risk to workers

Steep Slopes

Work may create steep slopes more than 10 feet in height

Fall protection system in place when slope is steeper than ¾ to 1

Wildfires Lightning strikes near grass land or forest land have a seasonal potential to start wildfires.

Compliance with the BC Wildfire Act and Regulations Hot work Procedures Smoking restrictions

Traffic on or Near Work Site

The Site is located on Crown land. There are public roads on and near the worksite with vehicular traffic which may pose a hazard to workers

Ensure Traffic Management Plan meets the BC Ministry of Transportation and Infrastructure requirements

Treacherous Road Conditions

Winter conditions may make driving treacherous

Safe work procedure for winter driving

Thermal Winter weather conditions create Ensure training of workers, and proper clothing for the


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2.0 Pre-Existing Hazards (All Hazards identified during the hazard assessment MUST be controlled by Prime Contractor a hyperthermia threat elements is worn Silica Crystalline Silica is known to be

found in rock throughout the Work site.

Silica exposure control plan

Biohazards Giant hogweed is an invasive species in the Peace River Regional District. Exposure to the sap can cause burns and eye injuries

Safe work procedures for working near Giant hogweed

Wildlife Hazards Including Vehicle Collisions

Bears, cougars, coyotes, deer, elk and moose are local to the Site. Insects such as wasps, bees, hornets, spiders and mosquitos are known to habitat in the area.

Safe work procedures for wildlife interactions Safe work procedures for avoiding insect bites

Uneven Ground and Winter Conditions

The natural terrain includes uneven ground and winter weather conditions create slippery conditions

Safe work procedures for working on uneven and slippery ground conditions .

Natural Gas leak Underground sour gas pipelines close to the work site

Call before you dig

Protesters Due to the high profile of the Site C Clean Energy Project there is potential for public protest and vandalism at the site.

Safe work procedures for violence in the workplace.

Trains Railway lines run through the worksite

Railway safety orientation


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EXHIBIT J-2 TO APPENDIX J – SAFETY SAFETY MINIMUM REQUIREMENTS

(see attached)


Contractor Safety Minimum Requirements OPERATIONAL FIELD SUPPORT PLANNING AND REVIEW

Project Short Name: YM80004 Site C

Project Description: Engineering and Design of Hudsons Hope Berm/Boat Launch/Day Use Facilities

Project Phase: IMP

Prepared by BC Hydro OSHS: Jeff Smiley Date Created: June 22, 2016

Project Information Level of Risk for this Project High Moderate Low

BCH Safety Region:

Northern Peace Business Group: Capital Projects Site C Clean Energy Project

Construction Start Date:

TBD Site Location/ Identification

Description(s):

Hudsons Hope

Construction End Date:

TBD

Project Description for Safety Management Purposes: The objective of the design of the Berm, the Access Road, and the Recreational Area is to develop preliminary and detailed design drawings. Tender ready drawings and technical specifications will ultimately be prepared to produce a tender ready package for procurement of construction services.

Background and Instructions for Use About Contractor OH&S Programs – BC Hydro Expectations All contracting organizations are required to have an OH&S program as defined in the Occupational Health and Safety Regulation of British Columbia (OHSR) including all seven essential elements outlined in OHSR Section 3.3. The OH&S program is typically reviewed as part of the BC Hydro procurement process.

“No OH&S Program, No Work” What is a BC Hydro “Safety Minimum Requirements” (SMR) document? A “Safety Minimum Requirements” or “SMR” document (this document) is part of BC Hydro’s Project Safety Planning System. The SMR is intended to clearly outline the base expectations of the owner for any project work. The SMR is also evidence of BC Hydro’s fulfillment of its general duties as an owner as per S. 119 of the Workers’ Compensation Act (BC). Most importantly, this is the guide for contractors to understand BC Hydro requirements in accordance with WSBC Regulations and be empowered to efficiently build an effective site specific safety management plan (SMP) About Contractor Safety Management Plans (SMP) – BC Hydro Expectations All contracting organizations are required to have a site-specific safety management plan (SMP) that covers all personnel at site. There is no such thing as a generic safety plan – each safety management plan must address the work, hazards and specific conditions of the work site. The required depth and scope of the SMP is guided by:

• The risk and complexity of the project including contemplated work, work methods and work environment • Applicable safety regulations as well as BC Hydro requirements.

BC Hydro will review your SMP prior to commencing work to ensure that it provides reasonable evidence to the owner that the contracting organization has committed to a course of activities to ensure safety at our work sites. BC Hydro expects that the SMP will be adhered to and be a living document that is updated as needed when changes to contemplated work, work methods or work environments occur.

“No Site-Specific Safety Management Plan, No Work” Disclaimer The information presented in this document is intended to provide information on safety management requirements only for the specific project described. This is not a definitive guide to government legislation or BC Hydro policies, rules, standards, regulations or practices. This information does not relieve persons, organizations or other entities from their responsibilities under applicable legislation or BC Hydro policies, rules, standards, regulations or practices. BC Hydro does not guarantee the accuracy of, and does not assume liability for, the information presented. Errors and omissions may occur. All information is subject to change without notification. Paper copies of this document are not controlled – users of this document are responsible to ensure that they are relying upon the correct information and to inquire about any updates that may be released.

The information presented in this document may not be reproduced or distributed without the expressed, written consent of BC Hydro.

Reference #: PSP_ SMR_2015-02-04 Release Date: Feb 5-2015

Required Elements of a Site-Specific Safety Management Plan Element 1 WSBC Notice of Project (NOP) Prime Contractor is responsible for ensuring WorkSafeBC receives the Notice of Project in writing or by fax prior to commencement of work (as required by regulation). A copy of the NOP must be posted in a prominent position at the primary work site.

WSBC requirements for an NOP can be found at the following link http://www.worksafebc.com/insurance/managing_your_account/notice_of_project/default.asp Element 2 Safety Communications and Record Requirements The contractor SMP shall include:

• The name and contact information of the person-in-charge of the project. Including BC Hydro, Contractor and Sub-Contractor personnel.

• The name and contact information of the person-in-charge of the project on site. • The name and contact information of the person responsible for safety on the project. • Contact information for key project personnel i.e. First Aid Attendant, Site Safety Coordinator, applicable emergency

services etc. • Describe system for maintaining copies of all forms utilized for safety communications such as safety orientations,

tailboards, meetings, inspections, training and other safety activities.

Element 3 Site Specific Orientation In addition, the contractor is required to provide all workers with a contractor new worker orientation to communicate hazards specific to the scope and location of the work being performed. Orientation records must be maintained and made readily available. Element 4 Hazard Identification and Risk Assessment The contractor SMP shall include:

• Their own list of all hazards, risks and planned mitigations related to the contemplated work, work methods and work environments.

• Information on the hazards related to this project and known by the owner is included in Appendix A and must also be identified and included in the contractors list of hazards for the project.

Element 5 First-Aid, Emergency Response and Rescue Response The contractor SMP shall include:

• Relevant response plans for first-aid, emergencies and rescue as are required given the contemplated work, hazards and specific conditions of the work site.

• A completed WSBC First Aid Assessment Form (updated as required) and maps with directions to nearest medical facilities. • Site layout/map detailing evacuation routes, first aid location, fire suppression equipment, muster points etc.

A First Aid Assessment form is available at WorkSafeBC website http://www2.worksafebc.com/PDFs/firstaid/First_aid_assessment_worksheet.pdf . Element 6 Incident/Near Miss Reporting and Investigation The contractor SMP shall include provisions for:

• Reporting all incidents without delay and no later than 24hrs to the BC Hydro manager/representative responsible for their contract and entry into the BC Hydro Incident Management System (IMS).

• Investigation to follow as required by incident or near miss.


http://www.worksafebc.com/insurance/managing_your_account/notice_of_project/default.asp

http://www2.worksafebc.com/PDFs/firstaid/First_aid_assessment_worksheet.pdf

Element 7 Inspections The contractor SMP shall include the relevant inspection activities given the equipment, contemplated work, hazards and specific conditions of the work site. The activities must be aligned with expectation in the submitted contractor OH&S program.

Element 8 Training and Competence The contractor SMP shall include a portfolio of training records relevant to the work for all personnel including name, job title/trade and evidence of completed and current training. Training records must be verified prior to work commencing and be available at site for review as required. OTHER: OTHER: Element 9 Site Specific Safe Work Procedures The contractor SMP shall include site specific safe work procedures written by a Qualified Person for all work related to the power system and for all high-hazard or non-routine work as identified in the contractor hazard identification and risk assessment such as work within WPP/PSSP boundaries, confined space entry, abrasive blasting, work from heights, traffic control, lead abatement, work with asbestos, work with silica or other work. Safe work procedures must be submitted to BC Hydro for review a minimum of 10 days prior to this work starting and earlier for High Risk Work. All procedures, techniques or methods associated with high-risk activities (on the power system) are required to be submitted for acceptance by BC Hydro prior to work beginning. Review of these procedures, techniques or methods is done by BC Hydro’s Work Methods Department The contractor SMP for this project shall make provisions for the timely submission of procedures to BC Hydro by noting that:

• Review may take up to 4 weeks to complete. • Revisions may be required. • High risk activities may not commence until procedure, technique or method has been accepted.

Element 10 Occupational Health and Industrial Hygiene The contractor SMP shall include:

• Provisions for developing exposure control plans and Safe Work Procedures for all identified and unaccounted for Occupational Health and Industrial hygiene hazards such as asbestos, silica, lead.

• Exposure control plans and Safe Work Procedures must be submitted to BC Hydro for review 10 days prior to starting work.


Element 11 Site Safety Coordination An employer (whether BC Hydro or another independent firm) who agrees to fulfil the role of prime contractor (PC) must, at minimum, ensure the following accountabilities are carried out by a qualified Site Safety Coordinator for all multi-employer workplaces. 1. Establish a means of informing workers who the Site Safety Coordinator is and how to contact that individual. 2. Review the scope of work of all employers on site that might adjoin or overlap. These areas must be discussed with all employers on a multiple-employer workplace so that the hazards can be explained to affected workers. 3. Review all employers’ site-specific work procedures before they begin work. This review ensures that a qualified person has addressed the hazards associated with that specific site and job (see Appendix 3). If a qualified person has not written their procedures, work will not proceed. 4. Conduct and document timely site safety co-ordination meetings to co-ordinate safe work activities. 5. Conduct regular site inspections, along with the employer safety representative, to identify work areas where more than one employer is working. 6. Accompany the WorkSafeBC officer, along with the appropriate employer safety representative, on-site inspections. The results of the inspection must be posted in accordance with WorkSafeBC requirements. 7. Inform all employer safety representatives of the hazards and risks that arise at the work-site as work is in progress. 8. Transfer accountabilities and records to a successor if required. This must be done in a written agreement with the owner. Element 12 Subcontractor Management The contractor SMP shall include all relevant safety information for the work being performed by subcontractors. Considerations may include safe work procedures for the work performed by subcontractors and training records for subcontractor personnel. Element 13 Compliance with BC Hydro Standards The contractor SMP shall include all BC Hydro Life Saving Rules

OSH Standards, Safety Practices Regulations, System Operating Orders and Safety Publications that is relevant to the work, hazards and specific conditions of the work site. This information is available for contractors at:

• https://extranet.bchydro.com/sites/safety/default.aspx • If you do not have an existing password, please contact [email protected] • If you do not have access to the extranet site you may use this alternative web page


https://extranet.bchydro.com/sites/safety/default.aspx

mailto:[email protected]

http://www.bchydro.com/about/suppliers/doing-business-with-bchydro/contractor-safety.html%23lifesavingrules

Project Specific Safety Requirements The following specific safety requirements must be followed and included in SMP if specified below.

OSHS delete this sentence and any specific requirements below that do not apply to the project, or create and add SSR as required by your project needs.

Specific Safety Requirement # CT Secondary Conductors Specific Safety Requirement # Heat Stress – Summer Weather Field Work Section 7.29 of the WSBC OHS Regulation requires that a heat stress assessment be conducted if a worker is or may be exposed to conditions which could cause heat stress or injury, or could cause a worker's core body temperature to exceed above 38°C (100°F), or the thermal conditions are in excess of the levels listed in the screening criteria for heat stress exposure in the heat stress and strain section of the ACGIH Standard for un-acclimatized workers. A heat stress exposure control plan must be in place if the above conditions are met in accordance to Section 5.54 of the WSBC OHS Regulation. At a minimum, the heat stress ECP is to include the following: • Worker education and training as noted below • Continuous availability of cool potable water close to the work area (see section 7.31 of the Regulation) • Personal monitoring of heart rate to confirm the effectiveness of the work/recovery schedule (see details outlined below) • Continuous supervision by a person knowledgeable in heat stress symptoms and control program requirements Under this provision, workers in a heat stress environment are to be provided with information related to the following: • Heat-related disorders, associated symptoms and the need to report their symptoms • Factors increasing susceptibility to heat-related disorders • Heat stress implications for any existing medical conditions and treatment, such as sleep deprivation, dehydration, diabetes, hyperthyroidism, and some medications • Safe work procedures for work in heat stress areas, including work/recovery schedules, the importance of fluid loading and replacement, and the immediate reporting of symptoms of heat-related disorders to the supervisor • Any environmental or personal monitoring programs used on-site • Safe use of protective clothing and equipment, if required For those workers exposed to environments resulting in heat-stress, provide refresher training and education to ensure that workers remain knowledgeable about the above-mentioned items. It is recommended that continuing education be provided at least annually. Specific Safety Requirement # Work Involving “Boats”, or “Swift Water” An acceptable contractor SMP for this project must contain :

• A Standard or Rule that for any work that may be done in and around rivers, lakes, reservoirs or other bodies of water, under the following conditions:

working in river environments classified as low to high risk; construction project working from boats or barges work doing specific tasks including inspections, patrols, habitat review, habitat monitoring, habitat remediation,

biological studies, wildlife or resource management, water sampling, etc.; or working in small team unsupervised;

• Assurance that an Occupational River Safety Technician or Swift water Operations – training course is obtained by all crew working on or around moving water prior to commencing work.

• Assurance that BC Hydro OSH Standard 408 – Operation of Boats –is understood by all workers and that work procedures comply with the applicable portions of this standard. (A review of Transport Canada’s SVOP and Med-A3 certificate as required in OSH Standard 408 )

• Detailed information on your company’s specific safe work procedures that comply with relevant regulatory requirements to ensure safe working conditions where work will be in or around swift currents and/or in water and/or from boats.

• Detailed information on your company’s specific safe work procedures that comply with relevant regulatory requirements to ensure safe working conditions where work methods may include snorkelling and/or other underwater work.

Please review BC Hydro OSH Standard 408 “Operation of Boats” for additional requirements.


Specific Safety Requirement # Motor Vehicle Safety Contractors are responsible for all aspects of safety involving Worker transport vehicles including condition, maintenance, operation, and use. Requirements apply under provisions such as Part 17 (Worker transportation) of the WorkSafeBC Regulation, and those under the Motor Vehicle Act. Please review BC Hydro OSH Standard 401 “Motor Vehicle Safety” for additional requirements. Specific Safety Requirement # Public Safety Requirements Specific Safety Requirement # Working Alone or in Isolation Requirements Prior to Contractor starting their work assignments, a working alone or in Isolation procedure must be submitted to BC Hydro for review. Hazard identification must be completed identifying all hazards and the measure to eliminate the hazards and minimize the risk to the workers. The Contractor must minimize the risk from the hazard to the lowest level practicable using engineering controls, administrative controls or a combination of engineering and administrative controls. Provincial and Federal Safety Authorities shall be consulted to verify regulations and guidelines for Working Alone or in Isolation. Please review BC Hydro OSH Standard 801 “Employees Working Alone” for additional requirements. Specific Safety Requirement # Wildlife The requirements of an active and effective wildlife awareness program and to provide information on common animals and insects that may be encountered must be conducted. The work of some BC Hydro employees & contractors requires that they visit remote parts of the province. Caution is necessary when travelling through wildlife habitats. Attacks upon humans in the wilderness are not common, but still present a risk. Insects are usually not dangerous if common sense precautions about exposure are taken. The primary regulations governing safety at work are the WorkSafeBC Occupational Health and Safety Regulations. These regulations require the development of effective written procedures in addition to education and training for workers who may be exposed to safety risks including bears, or other wildlife, and insects. B C Hydro policy on weapons and firearms is explained in Corporate Policy - Security. An assessment of risk must be made for every place of work where some level of risk could reasonably be expected from wildlife. As required by WorkSafeBC regulations, training of all employees who are exposed to the potential of encounters with bears and other wildlife and insects shall be conducted. Training, which can include oral presentations, audio/video presentations, handouts and posting of written information, must be presented to all participants. Please review BC Hydro OSH Standard 803 “Working Safely in Wildlife Habitats” for additional requirements. Specific Safety Requirement # Winter Field Work – Not Applicable until Nov 01/16 Section 7.34(a) of the WSBC Regulation requires that a cold stress assessment be conducted if a worker is or may be exposed to conditions which could cause cold stress or injury, or could cause a worker's core body temperature to fall below 36°C (96.8°F), or fall below the "little danger" levels in the ACGIH table (see OHS Guidelines G7.33-2 and G7.33-3). Part of the cold stress assessment for hazardous exposure should include the potential for unplanned exposure. Education and Training This element should contain initial and ongoing training and education that will be provided to all workers who work in areas where there is a reasonable likelihood of exposure to conditions that could cause cold stress. The training and education material provided to workers who have not previously worked in a cold stress environment should include the following information: Recognition of the signs and symptoms of impending hypothermia or excessive cooling of the body even when shivering does not occur

• Recognition of impending frostbite • Proper re-warming procedures and appropriate first aid treatment • Proper use of clothing • Proper eating and drinking practices • Safe work practices appropriate to the work that is to be performed

For those workers exposed to cold-stress environments, provide refresher training and education to ensure that workers remain


knowledgeable about the above-mentioned items. It is recommended that continuing education be provided at least annually. Specific Safety Requirement # Working in Avalanche Zones Specific Safety Requirement # Work Involving “Helicopters and Fixed Wing Aircrafts” Specific Safety Requirement # Electrofishing Specific Safety Requirement # Mobile Equipment / Cranes / Drill Rigs Specific Safety Requirement # PPE / Flame Resistant (FR) Clothing Mandatory PPE may consist of hard hat, steel toed boots, high visibility clothing, eye protection, a PFD when working within 10M of the Peace River and a rescue plan with a river boat and competent operator. Other PPE may be applicable dependent on site identified hazards. Specific Safety Requirement # Excavations Specific Safety Requirement # Hazardous Materials / WHMIS If WHMIS controlled products are used in the workplace Contractors, Subcontractors and BC Hydro must establish and maintain an effective WHMIS program, as part of the overall workplace health and safety program, the program shall address the following:

• Applicable WHMIS Requirements including education and training is reviewed at least annually or more frequently if required by a change in work conditions or available hazard information.

• General WHMIS education, as it pertains to the workplace, must be provided to all workers. • If there is a possibility of excessive exposure of lungs or skin to the use of strong solvents contractor must prepare a

chemical exposure control plan that involves safe work procedures to control and prevent workers being exposed to this specific solvents and that will include adequate mechanical ventilation by the use of exhaust or other means of mechanical ventilation as prescribed in their respective site specific ECP.

MSDS must be available at site for all WHMIS controlled products brought onto a BC Hydro worksite. Specific Safety Requirement # Grounding Requirements Specific Safety Requirement # Traffic Management Specific Safety Requirement # Concrete Cutting, Coring & Drilling Specific Safety Requirement # Welding Specific Safety Requirement # Diving Specific Safety Requirements # High-Risk Activities – Procedural Acceptance by BC Hydro Specific Safety Requirement # High-Risk Activities: for Non-common and/or Routine Work– Procedural Acceptance

by BC Hydro Specific Safety Requirement # High-Risk Activities: for Non-common and/or Routine Work– Procedural Acceptance

by BC Hydro Specific Safety Requirement # Safety Watcher


Specific Safety Requirement # Transportation and Handling of Dangerous Goods An acceptable contractor SMP for this project shall address all relevant items of transportation and handling of dangerous goods, as defined by the Transportation of Dangerous Goods Regulation.

Specific Safety Requirement # Forestry Operations Specific Safety Requirement # Building Demolition Specific Safety Requirement # Poles

Specific Safety Requirement # Resource Roads The use of shared resource roads for equipment movement, material hauling and worker access introduces a variety of coordination issues and other potential hazards. An acceptable contractor SMP must contain:

• A description of your company’s plan to fulfil its role, duties and obligations as a user of, and stakeholder in the safety of resource road systems.

• References to WorkSafeBC’s Resource Road Safety Practices as applicable.


Reference # 595831

EXHIBIT J-2 TO APPENDIX J – SAFETY SAFETY AREA MAP

(see attached)


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DRAFT - FOR DISCUSSION PURPOSES ONLY - CONFIDENTIAL

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© BC Hydro 2016 – all rights reserved. This map is for information purposes only and accuracy is not guaranteed.

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Reference # 595831

APPENDIX K LABOUR WORKFORCE

In this Appendix K – Labour Workforce, in addition to the definitions set out in clause A.1 of Appendix A – Definitions and Interpretation and in Appendix H – Special Conditions, if any, the following definitions will apply:

“Project” has the meaning set out in Appendix A of the Agreement, of which the Services is a part;

1.1 Inclusive Labour Approach

BC Hydro is implementing an approach for the Project that allows for participation from all labour groups and contractors regardless of union affiliation or union status.

1.2 Skilled Workers

The Consultant will employ or engage, and cause all Subcontractors to employ or engage, a sufficient number of skilled and qualified workers to perform the Services in accordance with the Agreement documents, in accordance and compliance with all applicable Law.

1.3 Cost of Recruiting Labour

The Consultant and its Subcontractors will be responsible for all costs of recruiting and retaining skilled and qualified labour.

1.4 Appropriate Agreements and Waivers

If the Consultant is or becomes a party to a collective agreement with a union then the Consultant will have agreements with such union(s), and will provide BC Hydro with a copy of such agreement(s), with respect to the performance of the Services as required to give effect to the following terms:

(a) any collective agreement between the Consultant and a union representing workers performing any Services at the Project Site will be for a term that is equal to or longer than the currency of this Agreement;

(b) if strikes, lockouts, slowdowns or any other interference or interruption to the performance of labour productivity, including but not limited to work-to-rule action (each, a “Labour Disruption”) occurs in the construction sector in British Columbia during the currency of this Agreement, and originates off-the Site, any Services performed at the Project Site will not be affected by such Labour Disruption;

(c) any non-affiliation clause in a collective agreement between the Consultant and a union is waived by that union, and accordingly union members will not be precluded from working at the Project Site, or in proximity to the Project Site, alongside non-union workers or workers of other unions and the union will not interfere in any way with non-union workers or workers of other unions, and no union or worker will refuse to handle or install any material, equipment or components or to honour hot cargo edicts, or otherwise during the currency of this Agreement;


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(d) the union, and any person acting on behalf of the union, will not initiate, pursue or endorse any activity for the purpose of recruitment or representation of employees, contractors or consultants represented by other trade unions, including changes in representation or raids, with respect to any employee, contractor or consultant working on the Project;

(e) a representative of a union with whom the Consultant has a collective agreement will be able to attend at the Project Site as reasonably required for union business without interfering with the progress of the Services; and

(f) if and to the extent the Consultant has commitments to engage Aboriginal persons there will be no objection to preferential hiring of such Aboriginal persons.

1.5 Change in Status

If the Contractor/Consultant becomes a signatory to a collective agreement, or ceases to be a signatory to a collective agreement, it will notify BC Hydro in writing.

1.6 Notification of Labour Events

In the event of any labour dispute involving employees of the Consultant or Subcontractors, whether at the Project Site or elsewhere, that will or may delay performance of the Services, the Consultant will provide Hydro’s Representative within eight hours after the commencement of such labour dispute, a full report on such dispute including, to the extent known to the Consultant, the cause of the dispute, the employer and employees affected or involved, the actions being taken to end the dispute and the known or probable effect on the schedule. The Consultant will provide further reports at Hydro’s Representative’s request.

The Consultant will upon being aware immediately advise Hydro’s Representative of any current or pending labour negotiations or actual, pending or threatened labour disputes that could interfere with the progress of the Project. The Consultant will take all necessary steps and develop a course of action with Hydro’s Representative to ensure that the continuity and timeliness of the Services will not be jeopardized, and advise and update Hydro’s Representative on all developments in the negotiations or dispute.

1.7 Enjoining Labour Disruption

Without prejudice to the Consultant’s rights under this Agreement, the Consultant will at its cost take such steps before an authority with jurisdiction so as to seek to prevent or terminate any Labour Disruption at the Project Site, and the Consultant will not be entitled to any payment or time extension on account of a Labour Disruption caused or contributed to by the Consultant, any of its directors, officers, employees or agents, a Subcontractor, or those for whom such Persons may in law be responsible.

Failure to use reasonable commercial efforts to prevent any delay or terminate any Labour Disruption at the Project Site will be deemed to be default under clause 25.


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1.8 General Worker Conduct

The Consultant will be responsible for its workers’ behaviour generally on the Project Site, and with respect to the Project Site.

1.9 Respectful Behaviour

The Consultant will not permit its workers at the Project Site to engage in any form of violence, harassment, intimidation, bullying, or any other disparaging or demeaning conduct directed by a worker to another worker for any reason including based on any union affiliation or lack of union affiliation, including any verbal communications, written materials, or gestures. The Consultant will have a policy that prevents discrimination on the basis of prohibited grounds as outlined in applicable human rights legislation and Workers Compensation Act (British Columbia).

1.10 Removal of Persons

Hydro’s Representative may, by written notice to the Consultant’s Representative, object to any person engaged by the Consultant or any Subcontractor for the performance of the Services who, as determined by Hydro’s Representative in its sole discretion, has engaged in misconduct, is incompetent, does not have adequate working knowledge of the safety rules and procedures applicable to the Project Site or otherwise fails to satisfy the applicable access requirements for the Project Site. Upon receipt of any such notice, the Consultant will, subject to Laws, immediately cause such person to be removed from the Project Site and the Project and promptly replaced by a person(s) with suitable qualifications and experience, at no cost or expense to BC Hydro. Notwithstanding any other provision in this clause, the Consultant and the Subcontractors will retain all authority and control over their respective employees, agents and Subcontractors.

1.11 Diversity

BC Hydro is committed to developing an inclusive workplace and a diverse workforce that represents the communities BC Hydro serves within British Columbia. The Consultant will take into account this commitment in attracting and employing workers for the performance of the Services at the Site.

1.12 Emergency Medical Coverage

The Consultant must confirm that their entire workforce has coverage under British Columbia’s Medical Service Program or under a provincial or territorial medical program with an agreement with British Columbia for coverage while in British Columbia or similar coverage under a private program

1.13 Work Force Reports

(a) If the Consultant expects to have, or has, less than 50 workers performing Services on Site on a monthly basis, on average, they may report the information in section (b) prior to beginning Services for each year and provide updates during the year if the information changes in a material way; or

(b) If the Consultant expects to have, or has, more than 50 workers performing Services on Site on a monthly basis, on average, the Consultant must prior to the 15th day of each and every calendar month during the schedule provide a monthly report, in a form satisfactory to Hydro’s Representative, acting reasonably, setting out the following


Reference # 595831

information with respect to the preceding calendar month and in respect of the Consultant performing its obligations under this Agreement:

(i) the Contractor/Consultant’s work force, broken down by:

(A) the total number of workers;

(B) the total number of workers who have a primary residence in the Peace River Regional District;

(C) the total number of workers by job categories reported according to the National Occupation Code (NOC) 2011;

(D) the total number of temporary foreign workers by job categories reported according to the National Occupation Code (NOC) 2011; and

(E) the total number of workers whose primary residence is in British Columbia and the total number of workers whose primary residence is in another part of Canada.

(ii) the names and office addresses of local businesses that the Consultant has, directly or indirectly, engaged to perform any of the Services. For the purposes of this clause (b) (ii) a ‘local business’ is an entity which resources its work with workers whose normal base of operations is in the Peace River Regional District or the Northern Rockies Regional Municipality;

(iii) the job categories reported according to the National Occupation Code (NOC) 2011 and the estimated number of positions that the Consultant was unable to fill by hiring from the local community, in sufficient detail to assist in planning for training programs; and

(iv) to assist in achieving BC Hydro’s Project diversity objective, including ameliorating the conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, or sex, the total number of workers broken down by:

(A) gender;

(B) number of Aboriginals;

(C) visible minorities; and

(D) persons with disabilities.

1.14 Temporary Foreign Worker Notification

The Consultant will provide a minimum of three month’s prior written notice to Hydro’s Representative of the Consultant’s intended use of any temporary foreign workers, including the numbers of and anticipated job categories reported according to the National Occupation Code (NOC) 2011 for such temporary foreign workers. The notification period may be shortened due to extenuating circumstances with the agreement of Hydro’s Representative.

1.15 Other Consultant Obligations

The Consultant:

(a) will, prior to starting any Services, provide Hydro’s Representative with the Consultant’s anticipated housing strategy for housing accommodation prior to the Site C worker accommodation being capable of housing the Consultant’s workers;


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(b) will, once every six months, provide support to BC Hydro in administering a short housing survey of the Consultant’s workers who are living outside the Site C worker accommodation; or the Consultant can provide a statement to BC Hydro’s Representative verifying that none of the Consultant’s workers who are not prior residents of the Peace Region are staying in private rental apartments in the Fort St. John area;

(c) Not Used

(d) Not Used

1.16 Disclosure of Reports

Notwithstanding anything to the contrary contained in this Agreement, the Consultant acknowledges and agrees that BC Hydro may disclose the reports or the information contained in the reports delivered to BC Hydro in accordance with the Appendix K – Labour Workforce to any provincial ministry, court or other Governmental Authority and educational institutions which requires or requests the information in relation to the Project or to permit BC Hydro to comply with any Permit or applicable Law.

If the Consultant includes Personal Information in the reports delivered to BC Hydro pursuant to this Appendix K – Labour Workforce, then by submitting the report the Consultant will be deemed to represent to BC Hydro that the Consultant has obtained written consent from the applicable individual(s), including the consent to the indirect collection of Personal Information by BC Hydro, and that the Personal Information may be forwarded to BC Hydro, any provincial ministry, court or other Governmental Authority for the purposes of complying with the Consultant’s obligations under the Agreement and may be used by BC Hydro for the purposes set out in the Agreement or any Permit. BC Hydro reserves the right to require proof of such consent.

1.17 Additional Provisions Relating to Workers

The Consultant will:

(a) implement a drug and alcohol policy which, at a minimum, meets the “Site C Contractor Drug and Alcohol Policy Requirements ” as established by BC Hydro, a copy of which is attached as Exhibit K-1 to this Appendix K – Labour Workforce; and

1.18 No Employment Relationship with BC Hydro

The relationship between BC Hydro and the Consultant under the Agreement is that of the Consultant being an independent contractor, notwithstanding any other provision in the Agreement or anything arising out of the actions of the parties. BC Hydro and the Consultant expressly deny that it is their intention to create any partnership, joint venture, agency, employment or other relationship. Unless otherwise agreed in writing, the Consultant is not the agent of BC Hydro in any capacity whatsoever under the Agreement, and has no authority to act as an agent of BC Hydro.

1.19 Application to First Tier Subcontractors

Whenever in this Appendix K – Labour Workforce there is an obligation on the Consultant such obligation will be read to include the obligation on the Consultant to cause first tier


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Subcontractors to undertake the same obligation so as to permit the Consultant to comply with its obligations under this Appendix K – Labour Workforce.


Reference # 595831

EXHIBIT K-1 TO APPENDIX K – LABOUR WORKFORCE SITE C CONTRACTOR DRUG AND ALCOHOL POLICY REQUIREMENTS

(see attached)


September 10, 2014 - Page 1

Site C Contractor Drug and Alcohol Policy Requirements

Contents Purpose ......................................................................................................................................................... 2

Minimum Requirements: .............................................................................................................................. 2

Fitness for Work: ....................................................................................................................................... 2

Medications: ............................................................................................................................................. 2

Prohibited Actions/Conduct: .................................................................................................................... 2

Illicit drugs and alcohol ......................................................................................................................... 2

Medications (Prescription Drugs or Over-The-Counter Medicines) ..................................................... 2

Alcohol and Drug Testing Program: .......................................................................................................... 3

Pre-qualification/pre-employment ....................................................................................................... 3

Reasonable Cause / Unfit for work situations ...................................................................................... 3

Post Incident ......................................................................................................................................... 3

Return to Work ..................................................................................................................................... 3

Consequences ........................................................................................................................................... 3

Worker Support and Rehabilitation .......................................................................................................... 4

Enforcement of Requirements...................................................................................................................... 4

Documentation ............................................................................................................................................. 4

Appendix A: Guideline on Medications ........................................................................................................ 5

Appendix B: Alcohol and Drug Testing Procedures ...................................................................................... 6

Construction (Supplementary General Conditions) 271 ROAD - May 2016



Purpose BC Hydro’s Site C Project has a strong commitment to provide a safe workplace for employees and other persons working or visiting the Site C Project worksites or facilities. BC Hydro recognizes the safety-sensitive nature of Site C’s worksites and the requirement for an alcohol and drug policy is one component of an overall comprehensive strategy to maximize safety for Site C Contractors, their respective employees, BC Hydro employees, other persons on BC Hydro property or facilities, and to protect property and the environment. Site C recognizes that the use of illicit drugs or mood altering substances, and the inappropriate use of alcohol and medications can adversely affect the safety and well-being of employees and the public, and can negatively impact the work environment, and job performance. It can also place the integrity and safety of our facilities, worksites and operations at risk. Contractors, subcontractors, and suppliers (herein collectively referred to as “Site C Contractors”) performing work or carrying out work on behalf of Site C in Canada must have in place and must administer/enforce a drug and alcohol policy and testing program that meets or exceeds the following requirements set out below:

Minimum Requirements:

Fitness for Work: Workers are expected to report to work fit for work and not under the influence of alcohol and/or other drugs or after-effects of alcohol and/or other drugs.

Medications: Workers are expected to responsibly use prescribed and over-the-counter medications in accordance with the physician’s or pharmacist’s instructions. Medications of concern are those that inhibit or may inhibit an employee's ability to perform their job safely and productively. A guideline on medications is found in Appendix A.

Prohibited Actions/Conduct: The following actions must be prohibited while working on Site C worksites and facilities or engaged in Site C work/business:

Illicit drugs and alcohol the use, possession, distribution, offering or sale of beverage alcohol or illicit drugs or other

mood altering substances, or illicit drug paraphernalia;

reporting to work or being at work while under the influence of alcohol or illicit drugs or other mood altering substances; and

a positive alcohol or drug test result as determined through a Contractor’s testing program

Medications (Prescription Drugs or Over-The-Counter Medicines) the intentional misuse of medications in a manner that could negatively impact job performance

(e.g. not using the medication as it has been prescribed or directed by the pharmacy, using someone else’s prescription medication, combining medication and alcohol use against direction);




the possession of prescribed medications without a legally medically obtained prescription; and distribution, offering or sale of prescription medications (trafficking).

Alcohol and Drug Testing Program: Contractors will have an alcohol and drug testing program that provides for testing of workers, as follows:

Pre-qualification/pre-employment

Applies to safety sensitive positions1 only, to be conducted prior to hiring the worker/employee

At the discretion of Site C Contractors, individuals already employed and working for a Site C Contractor prior to the effective date of this Contract will not be required to meet this pre-employment testing requirement

Reasonable Cause / Unfit for work situations Applies to safety sensitive positions only

To be conducted when reasonable grounds/suspicion exists that an employee, while at work or on Site C premises, exhibits signs indicative of the use of alcohol or drugs

Post Incident Applies to both safety sensitive and non-safety sensitive positions

To be conducted following a serious work-related incident (e.g. fatality, serious personal injury requiring medical attention away from site, environmental incidents that cause adverse effects, significant damage/loss to property equipment or vehicles, etc.) as part of a full investigation into the circumstances.

Return to Work Applies to both safety sensitive and non-safety sensitive positions

Where employment is continued after a Policy violation program, employees will be required to pass a return to work test and be subject to unannounced testing as a condition of continued employment. Unannounced testing may be used as a monitoring tool to support the recovery of any employee assuming duties after treatment for an alcohol or drug dependency

When drug testing is conducted it will comply with applicable laws and the requirements set out in Appendix B.

Consequences Site C Contractors will remove a worker from the Site C facilities and/or worksites if they appear on site while under the influence of alcohol or drugs. Workers tested as a result of reasonable cause or post-incident circumstances will be removed from work until the investigation is complete. Depending on the test result, a fitness for work assessment may also be

1 Safety Sensitive Position Definition:

a) a position that has the ability to create hazards or danger to other individuals, the community or the environment

b) a position in which individuals have a key and direct role in an operation where performance impacted by alcohol or drug use could result in a serious incident or a failure to adequately respond to a serious incident, and could affect the health, safety or security of the employee, other persons, property or the environment)




required before a worker can return to work. A positive drug test and/or an alcohol test result of .04 BAC or higher and/or a refusal or failure to test are considered a violation of this Policy. If a worker tests positive, such worker will be prohibited from working at or entering Site C worksites or facilities or carrying out work on behalf of Site C until such worker is cleared to return to work. When BC Hydro is prime, BC Hydro reserves the right, based on reasonable grounds and/or post-incident, to request a Site C Contractor to conduct an alcohol and/or drug test on any of the Site C Contractors’ workers while on Site C worksites and/or facilities. Such individual will be removed from Site C worksites and not returned until certification is provided by the Site C Contractor that the individual has tested negative or that the individual is participating in a rehabilitation program for substance abuse and BC Hydro’s consent provided to reinstate such individual.

Worker Support and Rehabilitation A Site C Contractors’ Alcohol and Drug Policy must respect the duty to accommodate in the case of disability due to alcohol or drug dependence and provide for worker access to medical and rehabilitation assistance such as:

medical benefits if available, and

return to work agreements following treatment. Site C Contractors are to encourage workers who have an alcohol or drug dependency to access an employee and family assistance program, their personal physician or appropriate community services for assistance and support. Workers who return to work following treatment (i.e. residential or out-patient treatment) for alcohol or drug dependency/addiction will be required to participate in an aftercare program to assist them to maintain recovery. Workers will be required to enter into return to work agreements which outline the conditions of their return to work.

Enforcement of Requirements Site C Contractors are expected to enforce these requirements at all times. Violation of any of these requirements will subject the contractor and/or employee(s) to denial of entry to Site C Project worksites and facilities. BC Hydro shall have the right to terminate a Site C Contractors’ contract for material breach in addition to any other remedies that may be available at law.

Documentation Contractors must maintain records that validate compliance with these requirements, which may, from time to time, be subject to auditing by BC Hydro. Such records must include: drug and alcohol testing statistics.




Appendix A: Guideline on Medications All employees are expected to responsibly use prescribed and over-the-counter medications in conjunction with work. The following drug categories can have a negative impact on performance, and are provided as a guideline to employees in assessing their own situation. The list is not exhaustive; there are numerous other over-the-counter and prescription drugs which when taken may impact negatively on overall safe performance. Therefore, employees are expected to consult with their personal physician a pharmacist or another health professional to determine if use of the medication can have any potential negative impact on job performance. If advised the medication they are using will affect their ability to operate safely, the employee is expected to advise their supervisor of any need for modified work. In this situation, a medical work modification may be issued, and the employee may be assigned to alternate duties if available and at the discretion of the Contractor. The Contractor must reserve the right to confirm the nature and duration of any required work modification with the treating physician without any breach of medical confidentiality or privacy laws. 1. Antihistamines - are widely prescribed for hayfever and other allergies (e.g. Allegra, Dimetane).

They are also found in many cold medications. These medications may cause drowsiness.

2. Motion Sickness Drugs - are used to prevent motion sickness and nausea (e.g. Gravol, Antivert). Side effects may include drowsiness.

3. Barbiturates, Sedatives, Hypnotics, Tranquilizers, Antidepressants - (e.g. Ativan, Imovane, Paxil), Potential side effects may include mild sedation, hypnotic state, dizziness or drowsiness.

4. Narcotics - (e.g. Demerol, Codeine, OxyCotyn and Percoset). Codeine is often found in combination drugs such as 222s or 292s or Tylenol 1,2,3s. Drowsiness, dizziness, and light-headedness may be side effects.

5. Stimulants - Medication used for central nervous system stimulation and for appetite suppression can produce sensations of well-being which may have an adverse effect on judgment, mood and behaviour (e.g. amphetamines or medications sold as "diet pills").

6. Anticonvulsants - are used to control epileptic seizures and can cause drowsiness in some patients (e.g. Dilantin).

7. Muscle Relaxants - are used to treat musculoskeletal pain. Most common side effects are sedation and drowsiness (e.g. Flexeril, Robaxisal).

8. Cold Tablets/Cough mixtures – in particular, nighttime remedies can cause drowsiness (e.g. Sinutab, Contac, Triaminic, Tussionex and preparations containing dextromethorphan (DM) or codeine).

9. Medical Marijuana – Marijuana is categorized as a controlled substance; however, the new Marijuana for Medical Purposes Regulations allow physicians to authorize use of marijuana for treatment purposes. Its use can present serious negative impacts on performance at work.




Appendix B: Alcohol and Drug Testing Procedures The alcohol and drug testing process is based on rigorous collection, analysis and reporting procedures designed to ensure the accuracy and integrity of the results. Steps in the testing process are highlighted below.

1. Testing will be conducted in those circumstances outlined under the Contractor Policy to determine the presence of six classes of drugs: cannabinoids, amphetamines, cocaine, opiates, phencyclidine and alcohol. If the Contractor concludes there is justification to include additional drugs in this list, employees will be advised of the change. Testing for additional drugs may also be required on an individualized basis on the advice of a treatment centre or substance abuse professional in a post-treatment situation.

2. Collection of specimens for drug testing and administration of alcohol tests will be performed by trained collection agents. All individuals who are tested are required to sign a form to acknowledge the accuracy of the employee and collector information and authenticity of the specimen(s). They will be given a copy of the forms for their records.

3. Alcohol tests will be administered by a calibrated evidential breath analyzer with a printout of test results. Drug tests will be administered by urinalysis either using split sample collection for transfer to the laboratory, or using a Point of Collection (quick test) urine drug screen at the collection site with confirmation testing at the lab should it be required. Laboratory analysis of oral fluid samples may also be a part of this program using parallel technology.

4. All laboratory testing will be conducted by a fully qualified and accredited laboratory performing a confirmation test by gas chromatography/mass spectrometry (GC/MS).

5. Laboratory confirmed positive drug test results will be reviewed by a qualified Medical Review Officer (MRO) or equivalent. This is an independent physician who will endeavour to discuss the result with the employee in an effort to determine whether a positive test could have resulted from the legitimate use of medications. The individual concerned will be given an opportunity to explain the finding to the MRO who will then determine whether the result will be reported to the Contractor Program Administrator as a negative, or a verified positive, or a tampered or substituted specimen result.

6. In the case of a verified positive drug test result, or a tampered or substituted finding, the employee may ask the MRO to require the split sample to be tested (or for single sample collection, their sample to be retested) within seventy-two (72) hours of receiving their results. If a second confirmed positive test is reported, the person who requested the second analysis is responsible for reimbursing the Contractor for the associated costs.

7. If the test is reported as dilute and negative, or cancelled because the specimen is invalid, the employee will be required to provide an additional specimen for testing as soon as possible.

8. All test results will be reported directly to the Contractor’s Program Administrator or designate. Except for the release of information in accordance with this Policy and in situations affecting the health and safety of workers and the public, results of all testing will be maintained by the Program Administrator and kept confidential unless otherwise required by law or authorized by order of a tribunal or court.




9. Testing levels should be based on generally accepted industry and medical standards (e.g. similar to those developed by United States Department of Transportation, Construction Owner’s Association of Alberta, and the Construction Labour Relations Association of British Columbia).


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APPENDIX L QUALITY MANAGEMENT

1 QUALITY MANAGEMENT PROGRAM

The Consultant will establish and implement a quality management program (the “Quality Management Program”) which will:

(a) comply with the British Columbia Engineers and Geoscientists Act, R.S.B.C. 1996, as amended, the Bylaws of the Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) and the minimum requirements set out in the APEGBC Quality Management Guidelines, including:

(i) Use of the APEGBC Seal;

(ii) Retention of Project Documentation;

(iii) Documented Checks of Engineering and Geoscience Work;

(iv) Documented Independent Review of Structural Designs;

(v) Direct Supervision; and

(vi) Documented Field Reviews During Implementation or Construction.

(b) detail the Consultant’s measures required to complete all aspects of Services pursuant to its Quality Management System and in accordance with the requirements of this Agreement;

(c) address and be applicable to all aspects of the Services;

(d) provide for a graded approach to quality in which the appropriate level of quality assurance requirements for various elements of the Services are defined;

(e) describe or comply with the following:

(i) the required quality level for each process or activity involved in the Services and the means of achieving it;

(ii) the steps to ensure that everyone participating in the Services is committed to the Quality Management Program;

(iii) the steps to ensure that the management and organizational structure and responsibilities are defined and understood by everyone participating in the Services;

(iv) require that all persons participating in the Services are competent to do their required tasks;


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(v) require that individuals involved with the Quality Management Program will be held accountable for their work;

(vi) provide that the right people will have the right information at the right time;

(vii) the right items, processes, and practices will be used;

(viii) how equipment and services are independently checked and reviewed (self-checking alone will not suffice) to confirm that they are correct, as follows:

(A) such that checking and reviewing will be performed on a structured, planned basis on all elements of the Services and:

(B) such that persons performing checking and reviewing will be sufficiently qualified and will be independent from those who perform or install the materials or services;

(C) including documentation of checking and reviewing in sufficient detail so as to clearly indicate any and all errors, omissions, or other concerns identified by the checker(s) and reviewer(s), the response by the Professional of Record to address these errors, omissions or other concerns, and the eventual acceptance of the work by the checker(s) and reviewer(s);

(ix) maintain records as required by this Agreement.

2 QUALITY ASSURANCE PLAN

The Consultant will deliver to BC Hydro a draft quality plan (the “Quality Assurance Plan”) that describes the implementation of the Quality Management Program. BC Hydro may, within 30 calendar days of receipt of the Quality Assurance Plan, provide comments on it to the Consultant and the Consultant will, acting reasonably, take account of the comments in finalizing the Quality Assurance Plan. The Consultant will promptly implement and strictly comply with the Quality Assurance Plan. The Consultant will maintain and update the Quality Assurance Plan as needed and submit BC Hydro a copy of the plan for record.

3 QUALITY ASSURANCE REPORTING

The Consultant will deliver to BC Hydro a monthly report of the Quality Assurance Plan covering all aspects of the Services completed in the reporting period that are relevant to the Quality Assurance Plan. The Consultant will highlight any deficiencies identified and corrective actions taken to address such deficiencies during the period covered by such report.

4 QUALITY REVIEW BY BC HYDRO

The Consultant will allow BC Hydro to, at its discretion, perform audits of the Quality Management Program, including (but not limited to) records of checking and reviewing, and for that purpose the Consultant will make available for review by BC Hydro, as the case may be, upon request, all records of the Quality Management Program and the Quality Assurance Plan


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within 5 business days without additional fees to BC Hydro, to permit BC Hydro to be satisfied that the Consultant is following its Quality Assurance Plan.


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APPENDIX M ENVIRONMENTAL OBLIGATIONS

1 INTERPRETATION

1.1 Definitions

In this Appendix M – Environmental Obligations, in addition to the definitions set out in clause A.1 of Appendix A – Definitions and Interpretation and in Appendix H – Special Conditions, if any, the following definitions will apply:

“Alteration Permit” has the meaning set out in Section 10.2 of this Appendix M - Environmental Obligations;

“CEMP” means the Site C Clean Energy Project Construction Environmental Management Plan dated July 8, 2016, as it may be amended from time to time, a copy of which is located in the Data Room;

“Corrective Action” has the meaning set out in ISO 9000;

“Environmental Coordinator” has the meaning set out in Section 7.1 of this Appendix M - Environmental Obligations;

“Environmental Incident” means an event, act or omission that is, or has the potential to cause, a violation of any of the Environmental Requirements (such as, for illustration, a spill of oil, fuel or hazardous chemicals, or an unauthorized alteration, disruption, or destruction of aquatic or terrestrial habitat);

“Environmental Laws” means:

(a) all requirements and provisions under or prescribed by any and all applicable Laws;

(b) all applicable rules, regulations, orders-in-council, codes, protocols, guidelines, policies, procedures, grants, licences, permits, approvals, plans, authorizations, agreements and any other governmental requirements, promulgated under or pursuant to any Laws; and

(c) all applicable judicial, administrative or regulatory judgments, orders, decisions, certificates and exemptions, including those rendered by any Governmental Authority,

relating to environmental assessment, the protection of the natural environment, the protection of plant, animal and human health, and the protection of land, water and air resources;

“Environmental Manager” has the meaning set out in Section 5.1 of this Appendix M - Environmental Obligations;

“Environmental Monitor” has the meaning set out in Section 6.1 of this Appendix M - Environmental Obligations;


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“Environmental Protection Plan” or “EPP” has the meaning set out in Section 4.2 of this Appendix M - Environmental Obligations;

“Environmental Requirements” has the meaning set out in the CEMP, provided that for the purpose of this Appendix M - Environmental Obligations, references to “Statutory requirements” in the CEMP will mean “Environmental Laws”.

“Environmental Specifications” has the meaning set out in the CEMP;

“Environmental Tailboard Meeting” has the meaning set out in Section 9.3 of this Appendix M - Environmental Obligations;

“Environmentally Sensitive Area” has the meaning set out in the CEMP;

“First Nation Environmental Monitors” has the meaning set out in Section 6.1 of this Appendix M - Environmental Obligations;

“Hazardous Products” means any product, mixture, material or substance that is classified in accordance with the regulations made under section 15.1 of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in Schedule 2 of that Act.

“Hazardous Products and Hazardous Substances Procedures” has the meaning set out in Section (a) of this Appendix M - Environmental Obligations;

“Hazardous Substance” means any substance, mixture of substances, product, waste, organism, pollutant, material, chemical, contaminant, dangerous good, constituent or other material which is or becomes listed, regulated or addressed under any Law respecting the use, manufacture, importation, handling, transportation, storage, disposal and treatment of the substance, mixture of substances, product, waste, organism, pollutant, material, chemical, contaminant, dangerous good, constituent or other material;

“Heritage Specialist” has the meaning set out in Section 10.2 of this Appendix M - Environmental Obligations;

“Independent Environmental Monitor” means the person retained by BC Hydro as per the CEMP to monitor the environmental impacts of the Project and report to government;

“Nonconformity” means an element of the Work that for any reason does not conform to the requirements of the Contract Documents;

“Pre-Work Orientation” has the meaning set out in Section 9.2 of this Appendix M - Environmental Obligations;

“Qualified Environmental Professional” means the person(s) appointed by the Consultant who meet the requirements of Section 3.1 and Section 3.2 of this Appendix M – Environmental Obligations; and


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“Stop Work Procedure” means the procedure to be followed in the event that an order to stop any of the Service is issued, including the identification of the person(s) with the authority to stop and restart the Service, as set out in each applicable EPP.

2 GENERAL REQUIREMENTS

2.1 Compliance with Environmental Requirements and EPPs

The Consultant:

(a) will be, and will cause the Environmental Manager to be, fully knowledgeable of all EPPs and of the Environmental Requirements, including Environmental Laws, as applicable to the performance of the Service on the Site;

(b) will cause its employees and agents, and the employees and agents of the Subcontractors engaged in performance of Service on the Site, to be fully knowledgeable of and to implement and comply with all EPPs applicable to the Service they are performing on the Site;

(c) without limiting clauses 10 and 22 of the Agreement, will ensure that the construction means, methods, techniques, sequences and procedures for the Service comply with all Environmental Requirements, including Environmental Laws, and the EPPs, as applicable to the performance of the Service on the Site;

(d) will comply with all mitigation, management and monitoring plans referenced in clause 2.3 of the Heritage Resources Management Plan which is located in the Data Room, and if an applicable Governmental Authority requires BC Hydro to prepare or modify such plans then the Consultant will cooperate with, and assist, BC Hydro in the preparation and modification of such plans and will comply with any such modified plans; and

(e) will collaborate with BC Hydro in the identification and design of mitigation measures within the Consultant’s Service Areas, where appropriate.

If the mitigation, management and monitoring plans referred to in Section (d) of this Appendix M - Environmental Obligations are modified, then the Consultant may be entitled to claim a Change pursuant to the provisions of clause 5 in the Agreement.

2.2 Costs borne by the Consultant

If unauthorized damage to the environment occurs, or threatens to occur, then the Consultant will, except to the extent the damage or threatened damage was or will be caused directly by BC Hydro, or a Person for whom BC Hydro is in law responsible (other than the Consultant and those engaged by or through the Consultant, including Subcontractors), pay all costs incurred to rectify that damage and comply with this Appendix M – Environmental Obligations.


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3 QUALIFIED ENVIRONMENTAL PROFESSIONALS

3.1 Qualified Environmental Professional

The Consultant will, with respect to every element of the Service to be performed at the Site, and in fulfillment of its obligations pursuant to this Appendix M - Environmental Obligations and the Agreement documents, appoint a Qualified Environmental Professional(s) who:

(a) is knowledgeable about the scope of the Service that will be performed at the Site; and

(b) has experience and expertise applicable to that scope of Service.

At a minimum, the Consultant will ensure that the Environmental Manager and the Environmental Monitor(s) appointed pursuant to Section 5.1 and Section 6.1 are Qualified Environmental Professionals. 3.2 Qualifications of Qualified Environmental Professional

Each Qualified Environmental Professional must be:

(a) an applied scientist or technologist who specializes in a relevant applied science or technology, including agrology, forestry, biology, engineering, geomorphology, geology, hydrology, hydrogeology or landscape architecture;

(b) a member in good standing registered with the appropriate professional association in British Columbia, acting under such association’s Code of Ethics and subject to disciplinary action by such association; and

(c) reasonably relied on to provide advice within his or her area of expertise through demonstrated suitable education, experience, accreditation and knowledge relevant to his or her field.

4 ENVIRONMENTAL PROTECTION PLAN

4.1 Review of CEMP

The Consultant will require that each Qualified Environmental Professional will review and be knowledgeable of the CEMP and identify the provisions that may be applicable to the scope of Service to be performed at the Site.

4.2 EPPs

In advance of any element of the Service to be performed at the Site the Consultant will require a Qualified Environmental Professional to prepare a written, detailed environmental protection plan (an “Environmental Protection Plan” or “EPP”) in respect of such Service that complies with the requirements of the CEMP and this Appendix M – Environmental Obligations.


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The Qualified Environmental Professional will sign the EPP(s) confirming that the Qualified Environmental Professional reviewed the CEMP in preparation for writing the EPP, and that the EPP complies with the requirements of this Section 4.2 and with the CEMP, including the Environmental Requirements, as they may be modified as of the date of the EPP.

4.3 Not Used

4.4 Submittal of Environmental Protection Plans

At least 30 days before commencing the performance of any Service, or element of the Service, at the Site, the Consultant will submit the EPP in respect of such Service, prepared in compliance with Section 4.2 of this Appendix M – Environmental Obligations and the CEMP, to BC Hydro for Review.

The Independent Environmental Monitor will also be offered an opportunity to review and comment on each EPP and the Consultant shall address these comments in addition to BC Hydro comments.

The Consultant will not perform any element of the Service at the Site until the applicable EPP(s) has been submitted for Review and returned with an endorsement confirming that BC Hydro has no objection to the applicable EPP in accordance with clause 4 of the Agreement.

4.5 Amendments to Environmental Protection Plans

The Consultant will cause the Qualified Environmental Professional to review and amend as necessary each EPP from time to time so that each EPP at all times complies with the requirements of this Appendix M – Environmental Obligations and the CEMP, including the Environmental Requirements. If at any time the Qualified Environmental Professional identifies the need for an amendment to an EPP, including an amendment to measures as described in the EPP or the addition of new measures, then the Consultant will stop or suspend the performance of the Services that is covered by the amendment as may be required to give effect to the pending amendment. The Consultant will not implement any proposed amendments to an EPP until the applicable amendments to the EPP have been submitted for Review and returned with an endorsement confirming that BC Hydro has no objection to the amendments in accordance with clause 4 of the Agreement.

5 ENVIRONMENTAL MANAGER

5.1 Environmental Manager

At all times during the performance of the Service, the Consultant will employ a person as environmental manager for the performance of the Service (the “Environmental Manager”). The Environmental Manager will be a Key Individual. The Environmental Manager will have experience and expertise in the management and coordination of environmental requirements for a project similar in size and complexity to the Project and the Service, satisfactory to BC Hydro acting reasonably. Notwithstanding any provision of the Agreement to the contrary, the Environmental Manager’s position will be full time, on Site.


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5.2 Environment Manager Responsibilities

The Environmental Manager will generally have responsibility for the Consultant’s compliance with the Consultant’s environmental obligations in the performance of the Service as set out in the Agreement. The Environmental Manager’s obligations will include:

(a) oversee and coordinate the Consultant’s environmental resources, including Environmental Monitors, Environmental Coordinators and Qualified Environmental Professionals;

(b) oversee and coordinate the Consultant’s environmental team to develop, approve, update and communicate EPPs as required by the Agreement and the CEMP;

(c) oversee and coordinate the implementation of the requirements of each EPP in the performance of the Service;

(d) review, approve and sign all plans and procedures prepared by Qualified Environmental Professionals;

(e) ensure that all environmental reporting as required by this Appendix M – Environmental Obligations meets all applicable requirements set out in the Agreement and in the CEMP;

(f) coordinate and assist with environmental communications and training, including training on emergency response procedures, Environmental Incident procedures and Stop Work Procedures;

(g) coordinate with the Quality Manager as required to ensure that all of the Contractor’s environmental obligations as set out in this Appendix M – Environmental Obligations are performed in compliance with the Quality Management System, as applicable;

(h) manage environmental inspection and monitoring activities;

(i) analyze environmental testing results, report the results to the Consultant’s senior management team as necessary, and ensure that any follow-up action that may be required is completed in a timely manner;

(j) review and approve environmental audit and Non-Conformance Report’s, and summarize results and recommendations for the Consultant’s senior management team to review; and

(k) ensure prompt correction of any environmental Nonconformities.


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6 ENVIRONMENTAL MONITORS

6.1 Environmental Monitors

The Consultant will engage one or more qualified monitors (each, an “Environmental Monitor”) to conduct the environmental monitoring as described and required in each EPP. An Environmental Monitor will be required to:

(a) perform the monitoring, if any, as specifically required in an EPP, and otherwise generally monitor the performance of the Service at the Site to confirm it is being performed in accordance with the requirements of the applicable EPP; and

(b) in the event that the Environmental Monitor observes any Service, or element of the Service, at the Site being conducted in breach of the applicable EPP, immediately notify the Consultant’s designated person in accordance with the Stop Work Procedure. When an order to stop any of the Service is issued pursuant to the Stop Work Procedure, the Environmental Monitor will submit a report to BC Hydro and the Independent Environmental Monitor describing the particular Service, location and time of such breach, and the element of the EPP that was breached.

The Consultant will use reasonable commercial efforts to engage members of local Aboriginal groups to assist the Consultant in fulfilling Environmental Monitor Duties (“First Nation Environmental Monitors”).

If any Service or element of the Service is stopped pursuant to the Stop Work Procedure, the Consultant will not restart the particular Service until the requirements outlined in the CEMP are met.

Prior to an Environmental Monitor commencing any environmental monitoring of Service at the Site the Consultant will review with the Environmental Monitor the reporting procedures which the Environmental Monitor will follow in the event of an Environmental Incident as described in Section 7.2 of this Appendix M – Environmental Obligations.

7 ENVIRONMENTAL COORDINATOR

7.1 Environmental Coordinator

The Consultant will engage an environmental coordinator (the “Environmental Coordinator”) who will be required to facilitate implementation of environmental mitigation measures that the Consultant is required to undertake pursuant to this Appendix M – Environmental Obligations, including the following:

(a) ensure that all applicable environmental restrictions are integrated into the Consultant’s construction means, methods, techniques, sequences and procedures for the Service;

(b) coordinate environmental mitigation measures, including wildlife, heritage and surveying requirements as set out in the Agreement, with the applicable Consultant Persons;


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(c) communicate with the Environmental Monitor(s), as required, to identify any perceived or anticipated environmental concerns; and

(d) participate in Consultant environmental overview training as described in Section 9.1 of this Appendix M – Environmental Obligations.

8 ENVIRONMENTAL REPORTING

8.1 Environmental Reporting

Each EPP will define an environmental reporting frequency as per the CEMP requirements and the Consultant shall provide these reports to BC Hydro as per the requirements of the CEMP and this Appendix M – Environmental Obligations.

8.2 Environmental Completion Report

The Consultant will, at the completion of the performance of the Service or element of the Service at the Site to which an EPP relates, submit to BC Hydro and to the Independent Environmental Monitor a report prepared by an Environmental Monitor using the template and format specified by BC Hydro, which will, at a minimum, include the following:

(a) a summary of the applicable Service activities on Site;

(b) a summary of the environmental management activities completed during the performance of the applicable Service on Site;

(c) a description of any environmental issues encountered during performance of the applicable Service on Site, and the management and mitigation measures used to resolve those issues; and

(d) representative Site photographs.

8.3 Environmental Incidents

The Consultant will establish reporting procedures to be followed by all Consultant and Subcontractors, and their respective employees in the event of an Environmental Incident, including reporting to the Qualified Environmental Professional and to the Consultant’s Representative. The Consultant will submit the reporting procedure to BC Hydro pursuant to clause 4 of the Agreement.


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In the event of an Environmental Incident, the Consultant will:

(a) immediately report the Environmental Incident to BC Hydro and to the Independent Environmental Monitor and will, within five Business Days or such longer time as the circumstances may reasonably require, deliver to BC Hydro and to the Independent Environmental Monitor a written Environmental Incident report which includes, to the extent applicable to the Environmental Incident:

(i) photo documentation of the Environmental Incident; and

(ii) descriptions of:

(A) the cause and nature of the Environmental Incident;

(B) the approximate magnitude and duration of the Environmental Incident;

(C) the area or habitat affected by the Environmental Incident;

(D) the environmental resources affected by the Environmental Incident;

(E) the results of any sample analyses taken in conjunction with the Environmental Incident;

(F) mitigation measures taken to control or limit the activity causing the Environmental Incident;

(G) additional proposed remedial or Corrective Actions recommended to address the Environmental Incident;

(H) communications held with Project personnel with respect to the Environmental Incident;

(I) communications with any third parties with respect to the Environmental Incident; and

(J) the collection of samples which were required to characterize the extent and nature of the Environmental Incident; and

(b) if the Environmental Incident is required under any applicable Laws or Permits to be reported to a Governmental Authority, immediately complete such report in accordance with the requirements of the applicable Laws or Permits and provide a concurrent copy of such report to Hydro’s Representative.

Without limiting Section (a) of this Appendix M – Environmental Obligations, the Consultant will, in reporting an Environmental Incident, use the incident report form set out in Exhibit I-1 - Contractor Environmental Incident Report Form, or such other form as Hydro’s Representative may from time to time require.


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9 ORIENTATION, TRAINING AND ENVIRONMENTAL TAILBOARD MEETINGS

9.1 Environmental Overview Training

Prior to commencing the performance of the Service, or an element of the Service, at the Site, the Consultant will hold, and will cause its field crew supervisors, Environmental Monitors and the Environmental Coordinator to attend an environmental overview and training workshop, which will include the following, as applicable to the scope of the Service at the Site:

(a) the requirements of the EPPs applicable to the scope of the Service;

(b) the roles and responsibilities of BC Hydro, the Contractor, the Environmental Manager, the Environmental Coordinator, the Qualified Environmental Professional(s), and the Environmental Monitors;

(c) environmental mapping of Environmentally Sensitive Areas; and

(d) procedures for reporting of Environmental Incidents and emergencies.

9.2 Pre-Work Orientation

The Consultant will hold, and will cause all its employees and agents, and the Subcontractors and their employees and agents who will be responsible for conducting, monitoring, supervising or managing the Service at the Site, to attend, a pre-work orientation meeting (a “Pre-Work Orientation”) prior to commencing the performance of the Service, or an element of the Service, at the Site to inform such employees and agents, and the Subcontractors and their employees and agents of the site-specific environmental requirements set out in the applicable EPP(s). The Consultant will ensure that each such employees and agents, and the Subcontractors employees and agents, attend a Pre-Work Orientation for each of the EPPs under which they have responsibility for conducting, monitoring, supervising or managing the Service at the Site. The Consultant will document all Pre-Work Orientations and provide such documentation to BC Hydro upon request.

9.3 Environmental Tailboard Meetings

The Consultant will, prior to commencing the performance of the Service, or an element of the Service, at the Site, and at regular intervals thereafter as required by the nature of the Service, hold field crew environmental tailboard meetings (each, an “Environmental Tailboard Meeting”) to discuss information including the following, as applicable:

(a) Environmentally Sensitive Areas, potential effects and applicable mitigation measures;

(b) the requirements of the applicable EPPs; and

(c) construction activities planned.

The Consultant will document all Environmental Tailboard Meetings and provide such documentation to BC Hydro upon request.


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10 HERITAGE REQUIREMENTS

10.1 Heritage Resources

Prior to the commencement of the Service at the Site, BC Hydro intends to complete all required archaeological excavations in accordance with the requirements of the Heritage Conservation Act (British Columbia), and any other planned mitigation of heritage resources that are located within known heritage sites.

10.2 Heritage Specialist

BC Hydro will retain a heritage management firm (the “Heritage Specialist”). BC Hydro will instruct the Heritage Specialist to complete all activities as required to obtain and comply with a Permit (each, an “Alteration Permit”) issued under Section 12 of the Heritage Conservation Act (British Columbia).

The Consultant will, as part of the Service, cooperate with the Heritage Specialist in the preparation of EPPs so as to include heritage requirements, if any, applicable to the scope of Service covered by the applicable EPP. Such requirements may be as set out in the CEMP, or as specified in an Alteration Permit, and could include heritage surface inspection or heritage monitoring as described in Section 10.4 of this Appendix M – Environmental Obligations, or archaeological excavations to recover artifacts.

10.3 Template for EPP Heritage Requirements

BC Hydro has prepared a template document outlining the heritage requirements anticipated to be included in an EPP as described in Section 10.2 of this Appendix M – Environmental Obligations, which is located in the Data Room. This template is a reference document only and is expressly not included as part of the Agreement, and will not be referred to in any way whatsoever, in whole or in part, in the interpretation of the Consultant’s obligations under the Agreement.

10.4 Surface Inspections and Monitoring

If the Service includes stripping, grubbing or excavation of the top 0.6 m soil horizon within known archaeological sites as shown on the Archaeological Site shapefile located in the Data Room, then:

if the Service will be performed in an area that is free of snow, the Heritage Specialist (a)will complete archaeological surface inspections (survey and collection of artifacts) after the completion of the stripping, grubbing or excavation of the top 0.6 m soil horizon; and

if the Service will be performed in an area that is not free of snow, and the Consultant (b)wishes to proceed with stripping, grubbing or excavation of the top 0.6 m soil horizon during snow covered conditions, then BC Hydro will retain a qualified environmental professional to monitor such Service as it proceeds, subject to the requirements of an applicable Alteration Permit, and during the course of such Service, for the purpose of


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paleontological mitigation, the Consultant will cooperate with the Heritage Specialist to accommodate BC Hydro’s qualified environmental professional to conduct periodic surface inspection and collection of paleontological resources.

10.5 Schedule Impacts of Heritage Requirements

Accommodating the requirements of Section 9 of this Appendix M – Environmental Obligations will be a part of the Service and will not entitle the Consultant to make a claim for additional compensation or an extension of time for the performance of the Service, except if the heritage requirements would not have been apparent to a qualified and experienced contractor in the circumstances, in which case the provisions of SGC11 of Appendix H – Special Conditions will apply.

If the Contractor anticipates delays associated with archaeological excavations, surface inspection and collection of paleontological resources it will notify Hydro’s Representative in advance of such archaeological excavations, surface inspections or paleontological mitigation proceeding.

10.6 Chance Finds

During the performance of the Work, the Contractor will be responsible for implementing heritage chance find procedures in accordance with BC Hydro’s Heritage Resources Management Plan (located in the Data Room) and the Contractor’s applicable EPP.

Notwithstanding Section 10.5 of this Appendix M – Environmental Obligations, in the event that a chance find is discovered at the Site the Contractor will be entitled to a Change under SGC11 of Appendix H – Special Conditions.

11 HAZARDOUS SUBSTANCES

11.1 General Obligations

(a) The Consultant will use, transport, store, remove and dispose of Hazardous Substances and Hazardous Products on the Site in accordance with all Laws, Permits and the Agreement.

(b) Prior to the Consultant’s commencement of any Service at the Site, the Consultant will request from BC Hydro, and BC Hydro will provide to the Consultant, information concerning any Hazardous Substances or Hazardous Products at the Site of which Hydro’s Representative is aware and that might present risks to health, safety and the environment in the Consultant’s performance of the Services.

11.2 Discovery of Hazardous Substances and Hazardous Products

(a) If, in the performance of the Services, the Consultant discovers or encounters material on the Site which is, or which appears to be, a Hazardous Substance or a Hazardous Product that has not been identified in the Agreement, or is in receipt of information, which a reasonable person would consider reliable, that a Hazardous Substance or a


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Hazardous Product may be encountered in the performance of the Services on the Site, then the Consultant will immediately stop its activities in the affected area and give notice to Hydro’s Representative.

The circumstances described in Section 11.2 of this Appendix M – Environmental Obligations when encountered by the Consultant, will, except to the extent caused by the Consultant, its employees and agents, its Subcontractors and its employees and agents, and any other Person whom Consultant is in law responsible, entitle the Consultant to claim a Change pursuant to the provisions of SGC11 of Appendix H – Special Conditions, except that the Consultant’s notice obligation under SGC11 of Appendix H – Special Conditions will be to give written notice of such claim to Hydro’s Representative promptly upon the Consultant becoming aware of such Site conditions, or, in any event, promptly after the date when the Consultant should reasonably have become aware of such Site conditions.

(b) Nothing in Section 11.2 of this Appendix M – Environmental Obligations will be construed as imposing any liability on the Consultant with respect to Hazardous Substances or Hazardous Products that existed at the Site prior to the commencement of the Consultant’s Service at the Site, including for the disposal of such Hazardous Substances, except to the extent that, after becoming aware of the existence of such pre-existing Hazardous Substances or Hazardous Products, the negligence of the Consultant, its employees and agents, its Subcontractors and its employees and agents, and any other Person whom Contractor is in law responsible or any breach by the Consultant of its obligations under the Agreement, including any failure to comply with the CEMP or the Environmental Requirements, causes, directly or indirectly, any aggravation, exacerbation, migration or other increase in the area or costs of dealing with any such pre-existing Hazardous Substances or Hazardous Products.

11.3 Hazardous Products and Hazardous Substances Procedures

(a) The Consultant will engage a qualified industrial hygienist to develop systems, procedures and methods (the “Hazardous Products and Hazardous Substances Procedures”) for handling, containing, transporting and disposing of Hazardous Products and Hazardous Substances, as required for the performance of the Services in compliance with Laws, Permits and the Agreement.

(b) The Consultant will, prior to the commencement of the use of a Hazardous Product or Hazardous Substance at Site, submit to Hydro’s Representative “For Information Only” a list of such Hazardous Products and Hazardous Substances. The Consultant will provide to Hydro’s Representative on request a sample of any Hazardous Product or Hazardous Substance proposed to be used at the Site, for testing.

(c) The Consultant will implement and comply with the Hazardous Products and Hazardous Substances Procedures, subject to the provisions of Appendix J – Safety.

(d) During the performance of the Service, the Consultant will provide notice to Hydro’s Representative and, where applicable, the Prime Contractor, of any additional


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Hazardous Products or Hazardous Substances generated or encountered by the Consultant, or brought on to the Site by the Consultant in the performance of the Service.


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EXHIBIT M-1 TO APPENDIX M – ENVIRONMENTAL OBLIGATIONS CONTRACTOR ENVIRONMENTAL INCIDENT REPORT FORM

(see attached)


CONTRACTOR ENVIRONMENTAL INCIDENT REPORT FORM 1. Contractor: Where Contractor’s performance of Work causes an environmental incident (e.g. impact to the environment or

near-miss incident) on the BC Hydro job site, the Contractor’s representative shall as soon as practicable, notify Hydro’s representative of the incident, and submit an environmental incident report.

1. Complete this incident report form or your own environmental incident report as long as it contains the same information.

2. Forward the completed incident report to Hydro’s Representative in electronic or paper copy.

2. Hydro’s Representative: Use this incident report to assist you with filing an Environmental Incident report (Spill/Pollution – Fish/Water – Other) in SAP Incident Management System (IMS).

Incident Date: Incident Time: Click here to enter text. AM ☐ PM ☐

Incident Information

Incident Location (Address/City): Click here to enter text.

Brief Incident Description: Click here to enter text.

Immediate Corrective Actions Taken (if needed):Click here to enter text.

Weather Conditions & Temperature: : Click here to enter text. Equipment Type: Serial Number (if available):

Material Released: Amount:

Area of Impact (Select all that apply): Did you report this incident to any external agency?

☐ Air ☐ Asphalt or Concrete ☐ Surface Water or Ditch

☐ Soil ☐ Drainage System ☐ Watercourse ☐ Inside Building or Engineered Containment

YES ☐ NO ☐ If YES, to whom:

Contractor Information

Contractor Company Name:

Name of Contractor’s Representative:

Address:

Telephone#:

Click here to enter text.




Hydro’s Representative Contract #: Click here to enter text. BC Hydro Project #: Click here to enter text.

Are You Prime On Site? Yes ☐ No ☐

Hydro’s Representative Name

E-Mail Address:

Telephone#:




BC Hydro Environmental Risk Management December 9, 2015

Reference # 595831

PART 3 FORM OF PROPOSAL


Reference # 595831

To: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY Bid Station (main floor) 6911 Southpoint Drive Burnaby, BC V3N 4X8, Canada

Attn: Alison Hall

Procurement Contact Reference # 595831 RFP Title: Consultant for the District of Hudson’s Hope Shoreline Protection Berm, Reconstruction of DA Thomas Road, Boat Launch and Day-Use Recreation Site 1. Proposal submitted by:__________________________________________________

Legal Name of Proponent

_________________________________________________ _________________________________________________

(Address)

_________________________ _______________________ (Telephone Number) (Fax Number)

_________________________ _______________________ (E-mail Address) (Website)

hereby declares that it is (strike out whichever does not apply)

(a) a company duly incorporated under the laws of

________________________________________________________ (Jurisdiction and date of incorporation)

(b) a sole owner, partnership or joint venture carrying on a business under the name stated above, with the names, addresses and places of incorporation, if any, of all partners or members of the firm being the following:

(if a joint venture, state the lead Proponent and percentage participation of each member)

________________________________________________________

________________________________________________________

________________________________________________________

2. Proponent submits this Proposal in response to the RFP Documents issued by BC Hydro for the above-noted RFP and agrees that this Proposal shall be read and interpreted by reference to the RFP Documents, and any terms capitalized but not


Reference # 595831

specifically defined in this Proposal shall have the meanings assigned to them in those RFP Documents.

3. Proponent offers to perform the Services and to comply with all the provisions of the Agreement, except as otherwise expressly specified in the Proposal, for the total amounts specified in the Proposal.

4. Limitation of Liability - In consideration of BC Hydro’s receipt of its Proposal, and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), Proponent, by submitting its Proposal, acknowledges and agrees that neither BC Hydro nor any of its directors, officers, employees, agents or consultants shall have any liability whatsoever, howsoever arising (whether at law, in contract or in tort, or under any statute or otherwise) for or in connection with any action, cause of action, suit, claim, loss, damage, cost or expense of any nature or kind whatsoever incurred or suffered by Proponent as a result of or in connection with, or arising out of, any act, omission, decision or step taken by BC Hydro or any of its directors, officers, employees, agents or consultants in the exercise of any right or discretion under the RFP Documents or otherwise relating to or arising out of this RFP process including, without limitation, the receipt, consideration, evaluation, clarification, negotiation, acceptance or rejection of any Proposal, the award or failure to award any Agreement or Agreements, or the termination of this RFP process at any time, including where the foregoing is in breach of any duty owed at law by BC Hydro to Proponent. Proponent further acknowledges and agrees that, if, notwithstanding the foregoing, BC Hydro or any of its directors, officers, employees, agents or consultants incur any liability to Proponent arising out of or in connection with this RFP process, the total aggregate liability of BC Hydro, its directors, officers, employees, agents and consultants shall under no circumstances exceed the reasonable actual, direct costs incurred by Proponent in the preparation of its Proposal. This limitation of liability shall survive the completion or termination of this RFP process.

5. Proponent hereby represents and warrants to BC Hydro that:

(a) it has fully informed itself of all aspects of the Services in accordance with Part 1 of the RFP Documents and has prepared its Proposal in accordance with that knowledge;

(b) it has read the Contractor Code of Conduct and, at the time of submitting this Proposal, there is no actual, apparent, or potential conflict of interest with BC Hydro, except as disclosed in this Form of Proposal; and

(c) it has received the following Addenda and Question and Answer Series (“Q&A” Series), and confirms that this Proposal has been prepared in accordance with them:


Reference # 595831

Addenda Date Received Q&A Series Date Received

___________________________ ___________________________

___________________________ ___________________________

___________________________ ___________________________

___________________________ ___________________________

___________________________ ___________________________

___________________________ ___________________________

___________________________ ___________________________

6. The following Schedules are attached to this Form of Proposal and form part of it:

Schedule Titles Number Proponent’s Information 3-0

Questionnaire 3-1

Compensation 3-2

Proponent’s References 3-3

Personal Information Consent Form(s) 3-4

Relationship Disclosure Statement: Conflict of Interest and Unfair Advantage 3-5

Exceptions 3-6

7. Proponent acknowledges that BC Hydro is subject to the Freedom of Information and Protection of Privacy Act, RSBC 1996, c.165 (“FOIPPA”) (http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00), and the associated Regulations, as the same may be replaced, amended or supplemented from time to time, and declares the following information and records submitted in its Proposal to constitute trade secrets or commercial, financial, labour relations, scientific or technical information, the disclosure of which could reasonably be expected to harm significantly its, or a third party’s, competitive or negotiating position or result in any undue financial loss or gain:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________


http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00

Reference # 595831

BC Hydro shall not be liable for disclosure, pursuant to a request under the FOIPPA, of any information or record submitted by a Proponent that is not identified by that Proponent as provided above or which BC Hydro is otherwise compelled to disclose.

8. Where this Proposal is signed by or on behalf of more than one person, then all of the agreements, promises, covenants and obligations of Proponent shall be deemed to be joint and several.

9. Proponent’s Workers’ Compensation Board registration number is ______ [insert number] in the jurisdiction of _____. [Here state the province, county, state or country where the Proponent is registered under a statutory scheme to cover Proponent’s workers.] If coverage for Proponent’s workers is provided by an insurance policy rather than a statutory scheme, attach particulars of policy to this Form of Proposal.

10. Proponent’s GST registration number, if registered, is _____. (If no registration number is entered in the space provided, Proponent shall be considered unregistered for Canadian GST.

IN WITNESS WHEREOF, Proponent has executed these presents at this day of 20 . (Name of Proponent) Per: Authorized Signatory

Per: Authorized Signatory

Note: (Name of corporate member) Each corporate member of a Joint Venture should Per: execute. Authorized Signatory

Per: Authorized Signatory


Reference # 595831

PART 3

SCHEDULE 3-0 PROPONENT’S INFORMATION Individual Name and legal structure if not incorporated

Corporate Name (if incorporated)

Date and place of Incorporation

If a subsidiary, indicate subsidiary office address here

Proponent’s Contact for this Proposal

Title of Contact

Telephone No

E-mail Address

Union certifications and employer bargaining affiliations, if any, applicable to the Services including those for each Subcontractor

Collective Agreement Expiry Date


Reference # 595831

PART 3

SCHEDULE 3-1 QUESTIONNAIRE Proponents should respond to the questions under each heading clearly and concisely. BC Hydro is providing the entire RFP in PDF format and all of Part 3 - Form of Proposal, including applicable Schedules in Microsoft Word format for ease of completion. The tables below are expandable.

Through the information provided in the Proponent’s RFP response, BC Hydro expects to gain an in-depth understanding of the Proponent’s experience, capabilities, capacity, competencies and niche areas of expertise to deliver design engineering services to support delivery of:

(a) Hudson’s Hope Shoreline Protection Berm; (b) DA Thomas Road; and (c) Boat Launch and Day-Use Recreation Site.

for the Project as outlined in Appendix 1-1 Requirements. Proponents should submit their Proposals in the format described below:

1. The RFP response should be structured in the order outlined below and should be not more than twenty-five (25) pages in length (excluding appendices). Proponents are cautioned against including an excessive quantity of materials, or overly glossy, sales-oriented materials that are of little technical value to the evaluation team.

2. RFP responses are expected to be succinct with specifically requested supporting information attached as appendices.

Proponent Corporate and Sub-Consultant Experience Corporate Experience (not more than (7) pages) Q1: Team Experience In its proposal, the Proponent should describe its experiences working on projects similar in scope to that described in Appendix 1-1 Requirements. Relevant projects typically, but not exclusively, include those projects that: • Are transportation infrastructure design or construction related;

• Are municipal water system related;

• Are shoreline protection related;

• Are of comparable scope, scale, and complexity;

• Include ISO 9001 type quality management systems; and

• Have similar site conditions and requirements affecting design and construction decisions.


Reference # 595831

A1: Q2: Project Management The Proponent should demonstrate that it has relevant experience managing projects similar in scope to that described in Appendix 1-1 Requirements, including: • Managing multi-disciplinary design teams and sub-consultants;

• Collaborating with external team members;

• Accommodating stakeholder input into the design;

• Managing road, bridge, recreation site and municipal water design projects in semi-urban and rural settings with challenging geotechnical and environmental conditions; and

• Implementing and complying with design quality management plans.

A2: Q3: Roadway Design The Proponent should demonstrate that it has roadway design experience working on projects similar in scope to that described in Appendix 1-1 Requirements, involving: • New construction and reconstruction of paved and gravel roads in challenging geotechnical

and topographical conditions, with preference to projects in the Peace River Region or similar;

• Efficient tools and methods for generating and refining multiple design options,

• Roadway drainage design including erosion control and hydrology for cross drainage;

• Protection and relocation of utilities and municipal services;

• The B.C. Ministry of Forest’s (MoF) Forest Road Engineering Guidebook;

• The B.C. Supplement to TAC Geometric Design Guide; and

• Application of other relevant Canadian design codes and standards.

A3:


Reference # 595831

Q4: Geotechnical Design The Proponent should demonstrate that it has geotechnical design experience working on projects similar in scope to that described in Appendix 1-1 Requirements involving: • Geotechnical design of embankment and excavation slopes for public roads and/or forestry

or resource roads where geotechnical and/or geological conditions are similar to those found in the Site area;

• Retaining structures;

• Soil and bedrock excavation and stabilization techniques;

• Assessment of aggregate and riprap materials, including geochemistry and design of pavement structures; and

• Contaminated sites assessment/hydrogeology.

A4: Q5: Hydrotechnical Design The Proponent should demonstrate that it has bridge / structures design experience working on projects similar in scope to that described in Appendix 1-1 Requirements involving: • The design and construction of structures and bridges on public roads and/or forestry roads

where geotechnical and/or geological conditions are similar to those found in the Site area;

• Accommodation of thru and local traffic with minimal disruption;

• A thorough knowledge of the procedures and standards for structures designed in accordance with Ministry of Forests and Ministry of Transportation and Infrastructure and requirements;

• The requirements of regulatory agencies;

• Bridges over environmentally sensitive wetlands or water courses;

• Means and methods to avoid and/or mitigate potential environmental damage and contamination in the design and construction of the project;

• Structures on steep and potentially unstable ground conditions;

• Protection of other agency’s infrastructure, such as railway, downslope of structures; and

• A clear understanding of its role and responsibility in maintaining Quality Control and Quality Assurance throughout the design phase.

A5:


Reference # 595831

Q6: Landscape Design The Proponent should demonstrate that it has environmental management experience and qualifications working on projects similar in scope to that described in Appendix 1-1 Requirements involving: • Coordinating and managing a team of environmental specialists;

• Knowledge of federal and provincial environmental assessment processes;

• Construction experience in environmentally sensitive locations;

• Fisheries mitigation and compensation design and implementation;

• Wildlife habitat protection and enhancement;

• Erosion control and sediment and drainage management;

• Heritage, cultural and archaeological management; and

• Landscape restoration, slope remediation, and re-vegetation.

A6: Q7: Municipal Design The Proponent should demonstrate that it has environmental management experience and qualifications working on projects similar in scope to that described in Appendix 1-1 Requirements involving: • Coordinating and managing a team of environmental specialists;



• Knowledge of municipal water systems;






A7:


Reference # 595831

Q8: Constructability Reviews The Proponent should demonstrate that it has environmental management experience and qualifications working on projects similar in scope to that described in Appendix 1-1 Requirements involving: • Coordinating and managing a team of environmental specialists;








A8: Key Personnel (not more than twelve (12) pages) Proponents should demonstrate that the individuals that it nominates in each of the Key Positions have suitable qualifications, knowledge, and experience to undertake their respective Key Position on this Project. The Nominated Persons shall be actively involved in the design work and directly responsible for providing recommendations and designs to the Hydro Representative on an on-going basis. The information provided on each Nominated Person by the Proponent should be in tabular format, and adhere to the following sequence and content: Key Position: use the Key Position titles described below Nominated Person: full name or commonly used name Corporate affiliation: The person’s title, current employer and position, primary office / work assignment location Standing: list Nominated Person’s professional and/or technical qualifications relevant to the Key Position Roles and Responsibilities: a brief description of the role(s) and responsibilities to be assumed in performing the Key Position on this Project Relevant Experience: provide answers to the questions contained in Q9 through Q13 below in brief descriptions of three (3) recent or current projects on which the Nominated Person had / has roles and responsibilities that are related to their nominated Key Position, including a brief description of the Nominated Person’s specific role(s) and responsibilities on the cited project, and the person’s total billed hours spent in each role.


Reference # 595831

Standards: briefly describe the Nominated Person’s level of experience and familiarity with current applicable Provincial and Canadian laws, regulations, codes and standards, the regulatory and labour environment relevant to performing the role of the Key Position. References: provide three client representatives who will substantiate the roles and responsibilities described under Relevant Experience. Supporting Resources: include a brief summary of qualifications and relevant experience of staff who will be available to support the performance of each nominated Key Person to enable the Key Person to fully perform their responsibilities. All Professional Engineers taking responsibility for the designs and engineering being developed as part of this assignment shall be registered as professional engineers in the Province of British Columbia. Q9: Design Manager The Proponent should demonstrate that its nominated Design Manager has relevant project management experience involving: 1. integrated design teams;

2. Roadway and geotechnical design projects in urban settings with challenging geotechnical and environmental conditions, and

3. Development and implementation of the following:

o Traffic management plans;

o Detour and staging schemes;

o Quality management plans;

o Environmental management plans;

o Work site safety programs; and

o Public and stakeholder consultation and managing feedback.

A9: Q10: Senior Roadway Design Engineer The Proponent should demonstrate that its nominated Senior Roadway Design Engineer has relevant senior design experience involving: • Leading the design of road and drainage improvements on low volume BC Ministry of

Transportation and Infrastructure roads;

• New and re-constructed roads in urban settings with challenging geotechnical and environmental conditions; and


Reference # 595831

• Integration of road works, utilities, and municipal services.

A10: Q11: Senior Geotechnical Design Engineer The Proponent should demonstrate that its nominated Senior Geotechnical Design Engineer has relevant senior design experience involving: • Geotechnical design of embankment and excavation slopes for public roads and buttresses

preferably where geotechnical and/or geological conditions are similar to those found within the project area;

• Design of stabilization techniques in soil or bedrock appropriate to the conditions found in the Peace River area; and

• Successful active collaboration with roadway and municipal engineering design teams.

A11: Q12: Senior Hydrotechnical Design Engineer The Proponent should demonstrate that its nominated Senior Hydrotechnical Design Engineer has relevant senior design experience involving: • the design of bridge and retaining structures;

• A clear understanding of its role and responsibility in maintaining Quality Control throughout the design phase of the project;

• Collaboration with roadway and geotechnical engineers to achieve structures that meet roadway functional, geometric, and safety requirements;

• Structures in constricted work and staging areas requiring accommodation of traffic with minimal disruption;

• The design and construction of structures and bridges on public roads and/or forestry roads where geotechnical and/or geological conditions are similar to those found within the project area;

• Municipal water systems;

• Structures designed in accordance with BC Ministry of Transportation and Infrastructure and Ministry of Forests requirements;



• Means and methods to mitigate environmental damage and contamination in the design


Reference # 595831

and construction of the project; and

• Collaboration with geotechnical engineers to achieve stable structures on steep and potentially unstable ground conditions.

A12: Q13: Senior Landscape Designer The Proponent should demonstrate that its nominated Senior Landscape Designer has relevant senior design experience involving: • Working with a team of environmental specialists;





• Landscape restoration, slope remediation, and re-vegetation with experience in re-vegetation utilizing native species.

A13: Q14: Senior Municipal Engineer The Proponent should demonstrate that its nominated Senior Municipal Engineer has relevant senior design experience involving: • Leading the design of bridge and retaining structures;

• Leading the design for modifications to an existing municipal water system;

• A clear understanding of its role and responsibility in maintaining Quality Control throughout the design phase of the project;

• Collaboration with roadway engineers to achieve structures that meet roadway functional, geometric, and safety requirements;

• Structures in constricted work and staging areas requiring accommodation of traffic with minimal disruption;

• The design and construction of structures and bridges on public roads and/or forestry roads where geotechnical and/or geological conditions are similar to those found within the project area;


Reference # 595831

• Structures designed in accordance with BC Ministry of Transportation and Infrastructure and Ministry of Forests requirements;



• Means and methods to mitigate environmental damage and contamination in the design and construction of the project; and

• Collaboration with geotechnical engineers to achieve stable structures on steep and potentially unstable ground conditions.

A14: Q15: Senior Constructability Advisor

The Proponent should demonstrate that its nominated Senior Constructability Advisor has relevant senior construction experience involving some or all of the following: • Construction of earthworks and structures in the Peace River Region including new

construction and reconstruction of roads in similar topographical and geotechnical conditions;

• Movement of earth and rock materials with quantities in excess of 100,000m3;

• Detours, staging and access management;

• Utility protection and relocation;

• Drainage control and installation of drainage utilities;

• Procedures and standards for roads and structures constructed in accordance with BC Ministry of Transportation and Infrastructure requirements;

• The requirements of regulatory agencies; and

• Means and methods to prevent and mitigate environmental damage and contamination in the design and construction of the project.

A15:


Reference # 595831

Methodology and Approach (not more than two (2) pages) Q16: Understanding of Requirements

The Proponent should provide a proposed methodology that demonstrates its understanding of BC Hydro’s requirements respecting the requirements contained in Appendix 1-1 – Requirements, Section 2 – Nature of Services in this RFP. The methodology should reference an understanding of the issues and considerations that are likely to influence successful and timely achievement of the work anticipated by this RFP. The Proponent should demonstrate how and why the skills, resources and experience of its Design Manager and the Proponent’s Team are particularly suited to address the issues and considerations they have identified. As well the Proponent should include in this section comments addressing:

• Initial proposed work plan • Milestone/deliverables • Constructability

A16: Q17: Quality Management

a. The Proponent should describe its quality management process, including any standards

and certifications the Proponent has attained.

b. The Proponent should describe its approach and process for performing quality assurance on work products and deliverables associated with the services, including fact checking, cross-referencing to other tasks and deliverables, and document preparation.

A17: Safety and Environmental Management (not more than two (2) pages) Q18: Safety and Environmental Management The Proponent should demonstrate in its Proposal that a corporate safety management program is in place, particularly as it relates to site work undertaken as part of consulting assignments. Proponents are reminded of BC Hydro’s right to reject any Proposal that fails to establish that the Proposal has adequate financial and other resources (including safety management) to provide consulting services to the Site C Clean Energy Project (refer to Part 1, clause 4.2). a. Proponents should include as an appendix a copy of its corporate safety management

plan, to demonstrate the Proponent’s practices and procedures that may pertain to potential site work related to this RFP.

b. Proponents should describe or include as an appendix a copy of its corporate environmental management plan, to demonstrate the Proponent’s practices and


Reference # 595831

procedures that may pertain to potential site work related to this RFP.

A18: Aboriginal Content (not more than two (2) pages) Q19: Aboriginal Content – A BC Hydro requests that Proponents provide information, if applicable, demonstrating Aboriginal Inclusion as defined in Part 1, Section 1.2 of this RFP. Please identify if the Proponent is operating as an Aboriginal Business (as defined in Part 1, Section 1.2) and how you meet the criteria. A19: Q20: Aboriginal Content – B Of the employees and subcontractors proposed to work on this contract, indicate the total hours and/or value of work in dollars. This may include administration, management, equipment operators, general labourers, and other support staff. A20: Q21: Aboriginal Content – C

a. Provide detailed information and examples where appropriate from previous work that demonstrates:

i. Previous efforts and successes to increase Aboriginal business capacity;

ii. Current approaches to increasing the percentage of Aboriginal workers and/or subcontractors; and,

iii. Future plans for increasing Aboriginal inclusion and building Aboriginal business capacity.

b. Within the context of this Proposal, Proponents are asked to describe in detail their accomplishments and efforts to:

i. Foster, promote and support economic development for Aboriginal businesses;

ii. Develop individual skills and competencies within Aboriginal communities;

iii. Identify, develop and support mentoring and/or apprentice opportunities for Aboriginal persons and/or Aboriginal businesses; and

iv. Establish agreements or protocols with local First Nations or Aboriginal


Reference # 595831

businesses.

c. Proponents are encouraged to provide any additional information that demonstrates positive socio-economic benefits and impacts for Aboriginal businesses and communities.

A21:


Reference # 595831

PART 3

SCHEDULE 3-2 COMPENSATION Note to Consultant: Review Appendix C Compensation of Part 2. Insert here your proposed Compensation Schedule, with all blanks filled in OR provide information to insert in blanks OR provide your own desired Compensation Schedule. If you provide your own Compensation Schedule ensure you cover all the points in Appendix C of Part 2.


Reference # 595831

PART 3

SCHEDULE 3-3 PROPONENT’S REFERENCES Provide below at least three (3) recent customer references where you have provided similar services to that required by BC Hydro described in this RFP. Include name of organization, key contact, telephone number, and a brief description of the services provided to each of these customers. Proponent agrees that BC Hydro may contact any of these references.


Reference # 595831

PART 3

SCHEDULE 3-4 PERSONAL INFORMATION CONSENT FORM(S) Proponents that will be submitting to BC Hydro, as part of their Proposal, a resume, work history, summary of qualifications or other “personal information”, with respect to any individual, should submit, in relation to each such individual, a consent form, in the following form, completed and signed by that individual.

Proponents should note that receipt of these consents is important for BC Hydro to meet its obligations under the (BC) Freedom of Information and Protection of Privacy Act. Proposals that do not include the necessary consent forms may be rejected at BC Hydro’s discretion.

PERSONAL INFORMATION CONSENT FORM

RFP Reference # 595831 Title: Consultant for the District of Hudson’s Hope Shoreline Protection Berm, Reconstruction of DA Thomas Road, Boat Launch and Day-Use Recreation Site With the provision of my signature at the foot of this statement I, ________________________, (Print Name) consent to the indirect collection from _____________________________________________ (Print Name of Proponent) by BC Hydro, of my personal information in the form of a work history, resume or summary of qualifications. In consenting to this indirect collection, I understand that my personal information, so collected, will be used by BC Hydro for the sole purpose of evaluating the submitted response to the above-noted procurement process. I understand further that my personal information, once collected by BC Hydro, will be handled by BC Hydro in accordance with the provisions of the (BC) Freedom of Information and Protection of Privacy Act.

) ) Signature ) Date BC Hydro is collecting this personal information in furtherance of its mandate under the Hydro and Power Authority Act and/or Utilities Commission Act. If you have any questions about how BC Hydro collects, uses or discloses your personal information, you may contact Alison Hall at (604) 699-7272.


Reference # 595831

PART 3

SCHEDULE 3-5 RELATIONSHIP DISCLOSURE STATEMENT: CONFLICT OF INTEREST AND UNFAIR ADVANTAGE

In accordance with Section 7.1 of the RFP, the Proponent declares on its own behalf and on behalf of each member of the Proponent’s team that:

(a) this declaration is made to the best of the knowledge of the Proponent and, with respect to relationships of each member of the Proponent’s team, to the best of the knowledge of that member;

(b) the Proponent and the members of the Proponent’s team have reviewed the definition of Restricted Parties (if included in the RFP) and the non-exhaustive list of Restricted Parties (if any are specifically referenced in the RFP); and

(c) the following is:

(1) a full disclosure of all members of the Proponent’s team who were employees of BC Hydro at any time during the previous two year period from the date of this disclosure;

(2) a full disclosure of all known relationships the Proponent and each member of the Proponent’s team has, or has had, with:

i. BC Hydro;

ii. any listed Restricted Party;

iii. any current employees, shareholders, directors or officers, as applicable, of BC Hydro or any listed Restricted Party;

iv. any former shareholders, directors or officers, as applicable, of BC Hydro or any listed Restricted Party, who ceased to hold such position within two years from the date of this disclosure; and

v. any other person who, on behalf of BC Hydro or a listed Restricted Party, has participated or been involved in this competitive procurement process or the design, planning or implementation of the Agreement or has confidential information about the Agreement or this competitive procurement process; and

(3) a full description of the actions that the Proponent has undertaken or offers to undertake to address any actual, perceived or potential conflict of interest or unfair advantage arising from the relationships disclosed pursuant to subsections (c)(1) and (c)(2) above; and

(d) if no such relationships are disclosed by the Proponent, the Proponent is not aware of any former employees as described in subsection (c)(1) above nor any relationships between the Proponent or any member of the Proponent’s team, and any of the


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persons described in subsection (c)(2) above, and the Proposal has not been prepared with any involvement from any of those persons.

Name of Member of Proponent’s Team

Name of Party with Relationship (e.g., list BC Hydro or a Restricted Party name)

Details of the Nature of the Relationship with BC Hydro or the listed Restricted Party

e.g. Firm Name Ltd. Name of Restricted Party Firm Name Ltd. is working with [name of Restricted Party] on Project X.

e.g. John Smith BC Hydro John Smith was a BC Hydro employee from [date] to [date]

e.g. Jane Smith Name of Restricted Party Jane Smith worked with [name of Restricted Party] on Project X from [date] to [date]

For the purposes of this Schedule 3-5 – Relationship Disclosure Statement: Conflict of Interest and Unfair Advantage: “Proponent’s team” means:

(a) all persons who have been involved in the preparation of the Proponent’s Proposal; and

(b) all persons who the Proponent proposes to perform work or services under any resulting Agreement.

The Proponent has undertaken or offers to undertake the following actions to address any actual, perceived or potential conflict of interest or unfair advantage arising from the relationships disclosed pursuant to subsections (c)(1) and (c)(2) above: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________


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PART 3

SCHEDULE 3-6 EXCEPTIONS If the Proponent takes exception to any of the requirements, terms or conditions contained in the RFP Documents, including Part 2 Agreement, please identify all such exceptions here. Proponents may add additional lines to the table below if required. Reference should be made in each case to the relevant provision(s) of the RFP Documents to which the exception applies and, to the extent possible, Proponent should submit the wording it would propose. SECTION EXCEPTION RATIONALE PROPOSED WORDING


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