Fillable Form 15: (Canadian Construction Documents Committee)

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Form 15: (Canadian Construction Documents Committee)

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Apply a CCDC 15 copyright seal here. The application

of the seal demonstrates the intention of the party

proposing the use of this document that it be an

accurate and unamended form of CCDC 15

2013

except to the extent that any alterations, additions or

modifications are set forth in supplementary conditions.

Name of Work

2 0 1 3

Design Services Contract Between

Design-Builder and Consultant

[ Name of the Work ]

The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for

the development, production and review of standard Canadian construction contracts, forms and guides.

Formed in 1974 the CCDC is made up of volunteer representatives from:

Public-Sector Owners

Private-Sector Owners

*The Association of Consulting Engineering Companies-Canada

*The Canadian Construction Association

*Construction Specifications Canada

*The Royal Architectural Institute of Canada

*Committee policy and procedures are directed and approved by the four constituent national

organizations.

This document has also been endorsed by the Canadian Design-Build Institute.

Comments and inquiries should be directed to:

Canadian Construction Documents Committee

1900-275 Slater Street

Ottawa, ON

K1P 5H9

613 236-9455

info@ccdc.org

ccdc.org

CCDC guides are products of a consensus-building process aimed at balancing the interests of all parties

on the construction project. They reflect recommended industry practices. Readers are cautioned that

CCDC guides do not deal with any specific fact situation or circumstance. CCDC guides do not constitute

legal or other professional advice. The CCDC and its constituent member organizations do not accept any

responsibility or liability for loss or damage which may be suffered as a result of the use and

interpretation of these guides.

Must not be copied in whole or in part without the written permission of the CCDC.

TABLE OF CONTENTS

AGREEMENT BETWEEN DESIGN-BUILDER

AND CONSULTANT

A-1 Design Services

A-2 Agreements and Amendments

A-3 Scope, Construction Budget and Time Schedule

A-4 Contract Documents

A-5 Remuneration for the Design Services

A-6 Payment

A-7 Receipt of and Addresses for Notices in Writing

A-8 Language of the Contract

A-9 Succession

SCHEDULES

Schedule A Basic Design Services and Remuneration

Schedule B Additional Design Services and

Remuneration

Schedule C Reimbursable Expenses

Schedule D Time-Based Rates for Personnel Employed

by the Consultant

DEFINITIONS

Construction

Construction Budget

Construction Cost

Construction Documents

Consultant

Contract

Contract Documents

Coordination

Design-Build Contract Documents

Design-Builder

Design Services

General Review

Notice in Writing

Other Consultant

Owner

Owner’s Statement of Requirements

Place of the Work

Subconsultant

Subcontractor

Substantial Performance of the Work

Value Added Taxes

Work

Working Day

GENERAL CONDITIONS

PART 1 GENERAL PROVISIONS

GC 1.1 Contract Documents

GC 1.2 Copyright and Use of Documents

GC 1.3 Law of the Contract

GC 1.4 Rights and Remedies

GC 1.5 Assignment

GC 1.6 Confidentiality

PART 2 DESIGN-BUILDER’S RESPONSIBILITIES

GC 2.1 Information to be Supplied by the Design-Builder

GC 2.2 Design-Builder’s Review of the Design

PART 3 CONSULTANT’S RESPONSIBILITIES

GC 3.1 Design Services

GC 3.2 Subconsultants

GC 3.3 Other Consultants

PART 4 PAYMENTS TO THE CONSULTANT

GC 4.1 Payments

GC 4.2 Reimbursable Expenses

GC 4.3 Percentage-Based Fee

PART 5 CHANGES AND ADJUSTMENTS

GC 5.1 Construction Budget

GC 5.2 Fees

PART 6 DEFAULTS

GC 6.1 Termination and Suspension

PART 7 DISPUTE RESOLUTION

GC 7.1 Dispute Resolution

PART 8 TAXES AND ACCOUNTING RECORDS

GC 8.1 Taxes

GC 8.2 Accounting Records

PART 9 INSURANCE

GC 9.1 Insurance

PART 10 INDEMNIFICATION AND LIMITATION

OF LIABILITY

GC 10.1 Definition and Survival

GC 10.2 Indemnification and Limitation of Liability

CCDC 15 is the product of a consensus-building process aimed at

balancing the interests of all parties on the construction project. It reflects

recommended industry practices. CCDC 15 can have important

consequences. The CCDC and its constituent member organizations do

not accept any responsibility or liability for loss or damage which may be

suffered as a result of the use or interpretation of CCDC 15.

Must not be copied in whole or in part without the written permission of

the CCDC.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 1

AGREEMENT BETWEEN DESIGN-BUILDER AND CONSULTANT

This Agreement made on the _____________ day of____________________ in the year______________

by and between the parties

________________________________________________________________________________________________________

hereinafter called the "Design-Builder"

and

________________________________________________________________________________________________________

hereinafter called the "Consultant"

Whereas the Design-Builder has entered into an agreement on the _________ day of______________ in the year_________ with

________________________________________________________________________________________________________

insert above the name of the Owner

hereinafter called the “Owner”, for

________________________________________________________________________________________________________

insert above the name of the Work

hereinafter called the “Work”

located at _

______________________________________________________________________________________________

insert above the Place of the Work

hereinafter called the Place of the Work.

And Whereas the Consultant has agreed to provide the Design Services as hereinafter set forth, the Design-Builder and the

Consultant agree as follows:

ARTICLE A-1 DESIGN SERVICES

1.1 The Consultant shall provide Design Services as follows, and as specified in Schedules A and B:

(Insert below a general description of the Design Services)

[ Name of the Work ]

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

2 CCDC 15 – 2013

1.2 The Consultant shall engage all Subconsultants as required to provide the Design Services including, but not limited to,

the following named Subconsultants, if any:

1.3 The Consultant shall provide Coordination of the following named Other Consultants, if any:

1.4 The Consultant shall provide the Design Services in accordance with:

.1 a time schedule provided by the Design-Builder at the time of signing this Agreement; or

.2 a time schedule mutually agreed after the signing of this Agreement.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 3

ARTICLE A-2 AGREEMENTS AND AMENDMENTS

2.1 This Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner

to the Design Services.

2.2 This Contract may be amended only as provided in the Contract Documents.

ARTICLE A-3 SCOPE, CONSTRUCTION BUDGET AND TIME SCHEDULE

Insert below a general description of the Construction including intended use, scope, Construction Budget (identifying the requirements, if applicable), a time

schedule (identifying the phases if applicable), the scheduled date of Substantial Performance of the Work, and any information that might exist, which further

describe the nature of the Construction.

ARTICLE A-4 CONTRACT DOCUMENTS

4.1 This Contract consists of the following documents:

- The Agreement between the Design-Builder and the Consultant, including Schedules A, B, C, and D.

- Definitions of this Contract

- Supplementary Conditions of this Contract

General Conditions of this Contract

- The Owner’s Statement of Requirements, consisting of the following (list those written requirements and

information constituting those documents intended to comprise the Owner’s Statement of Requirements):

(Insert here, attaching additional pages if required, a list identifying all other documents of this Contract e.g. Consultant’s accepted proposal, Supplementary

Conditions, those portions of the Design-Build Contract Documents that are directly applicable to the Design Services and all details and additional requirements.)

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

4 CCDC 15 – 2013

ARTICLE A-5 REMUNERATION FOR THE DESIGN SERVICES

5.1 The Design-Builder shall pay to the Consultant the fees and reimbursable expenses, as set forth below, for the Design

Services.

5.2 The fee, excluding any applicable Value Added Taxes, is comprised of one or more of the following:

.1 *A fixed fee of ________________________________________________________________________________

($ _____________) earned in accordance with paragraph 5.3 of this Article.

.2 *A percentage fee of _______________________________________________________ percent (___________%)

of either Construction Budget or Construction Cost as stipulated in GC 4.3 – PERCENTAGE-BASED FEE.

.3 *A fee based on time-based rates for personnel employed by the Consultant as described in Schedule D.

.4 *Other:

(Insert details)

*Delete inapplicable paragraphs

5.3 When the fee for the Design Services is a fixed or percentage fee, it shall be apportioned to the phases of service as

follows:

1. Preliminary Design Phase $ __________________ / _____________ percent ( _____ %)

2. Construction Documents Phase $ __________________ / _____________ percent ( _____ %)

3. Bidding and Negotiation Phase $ __________________ / _____________ percent ( _____ %)

4. Construction Phase – Contract Administration $ __________________ / _____________ percent ( _____ %)

5. Post Construction Phase $ __________________ / _____________ percent ( _____ %)

Total $ __________________ / one hundred percent ( 100 %)

5.4 If through no fault of the Consultant, the Design Services for the preliminary design phase and the construction

documents phase have not been completed within _____ months after the date of this Agreement, or for the remaining

phases within _____ months after the date of this Contract, the amounts and rates set forth in this Article applicable to

the respective phases of service shall be subject to review and equitable adjustment.

5.5 Fees for time-based rates in paragraph 5.2.3 of this Article are subject to review and adjustment every ______ months

from the date of this Contract.

5.6 The reimbursable expenses are the actual expenses, supported by receipts or invoices, which the Consultant incurred in

performing the Design Services, and as identified in Schedule C to this Agreement plus an administrative charge of

______________________________ percent (_____%).

5.7 For the purposes of paragraph 6.1.10 of GC 6.1 – TERMINATION AND SUSPENSION, and unless otherwise agreed by

the parties, the amount to which the Consultant is entitled shall be:

.1 _______________________________________________if termination occurs during the preliminary design phase;

.2 _______________________________________________if termination occurs during a phase subsequent to the

preliminary design phase.

Reset

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 5

5.8 For the purposes of GC 10.2.3.2 of GC 10.2 – INDEMNIFICATION AND LIMITATION OF LIABILITY, the liability

of each of the Design-Builder and the Consultant to the other in respect of losses of the type for which insurance is not

required to be provided by such party in accordance with GC 9.1 – INSURANCE shall be limited to

________________________________________________________________.

ARTICLE A-6 PAYMENT

6.1 Subject to the lien legislation applicable to the Place of the Work, the Design-Builder shall pay to the Consultant,

together with such Value Added Taxes as may be applicable to each payment:

.1 progress payments on account of the Consultant’s fee and reimbursable expenses when due, and

.2 upon completion of the Design Services, the unpaid balance of the fee and reimbursable expenses when due.

6.2 Interest

.1 Should either party fail to make payments as they become due under the terms of this Contract or in an award by

arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable

until payment:

(1) 2% per annum above the prime rate for the first 60 days;

(2) 4% per annum above the prime rate after the first 60 days.

Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by

__________________________________________________________________________________________________________________

(Insert name of chartered lending institution whose prime rate is to be used)

for prime business loans as it may change from time to time.

.2 Interest shall apply at the rate and in the manner prescribed by paragraph 6.2.1 of this Article on the settlement

amount of any claim in dispute that is resolved either pursuant to Part 7 of the General Conditions – DISPUTE

RESOLUTION or otherwise, from the date the amount would have been due and payable under this Contract,

had it not been in dispute, until the date it is paid.

6.3 All amounts are in Canadian funds.

ARTICLE A-7 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING

7.1 Notices in Writing will be addressed to the recipient at the address set out below.

7.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other

form of electronic communication during the transmission of which no indication of failure of receipt is

communicated to the sender.

7.3 A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by

the other party on the date of delivery if delivered by hand or courier or, if sent by mail, it shall be deemed to have

been received five calendar days after the date on which it was mailed, provided that if either such day is not a

Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following

such day.

7.4 A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been

received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end

of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been

received at the opening of business at the place of receipt on the first Working Day next following the transmission.

7.5 An address for a party may be changed by Notice in Writing to the other party setting out the new address to be

delivered in accordance with this Article.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

6 CCDC 15 – 2013

Design-Builder

___________________________________________________________________________________________

name of Design-Builder*

___________________________________________________________________________________________

Address

__________________________________ ___________________________________________

facsimile number email address

Consultant

___________________________________________________________________________________________

name of Consultant*

__________________________________________________________________________________________

Address

__________________________________ ___________________________________________

facsimile number email address

* If it is intended that the Notice in Writing must be received by a specific individual, that individual’s name shall be indicated.

ARTICLE A-8 LANGUAGE OF THE CONTRACT

8.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of

any apparent discrepancy between the English and French versions, the English/French* language shall prevail.

* Complete this statement by striking out the inapplicable term.

8.2 This Agreement is drawn in English at the request of the parties hereto. La présente convention est rédigée en anglais

à la demande des parties.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 7

ARTICLE A-9 SUCCESSION

9.1 This Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal

representatives, successors, and permitted assigns.

In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives.

SIGNED AND DELIVERED

in the presence

WITNESS DESIGN-BUILDER

________________________________________________________

name of Design-Builder

__________________________________________________ _____________________________________________

signature signature

__________________________________________________ _____________________________________________

name of person signing name and title of person signing

__________________________________________________ _____________________________________________

signature signature

__________________________________________________ _____________________________________________

name of person signing name and title of person signing

WITNESS CONSULTANT

________________________________________________________

name of Consultant

__________________________________________________ _____________________________________________

signature signature

__________________________________________________ _____________________________________________

name of person signing name and title of person signing

__________________________________________________ _____________________________________________

signature signature

__________________________________________________ _____________________________________________

name of person signing name and title of person signing

N.B. Where legal jurisdiction, local practice or Design-Builder or Consultant requirement calls for:

(a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s)

authorized to sign the Agreement for and on behalf of the corporation or partnership; or

(b) the affixing of a corporate seal, this Agreement should be properly sealed.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

8 CCDC 15 – 2013

SCHEDULE A BASIC DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks not

in Contract and method of remuneration for tasks in Contract.

*Services not in this Contract. Performed by other than the Consultant.

*Not in this Contract

Included in fixed fee

(paragraph 5.2.1 of Article A-5)

Included in percentage fee

(paragraph 5.2.2 of Article A-5)

Fee on time based rates

(paragraph 5.2.3 of Article A-5)

Other

(paragraph 5.2.4 of Article A-5)

A1.1 PRELIMINARY DESIGN PHASE (including schematic design and design

development)

The Consultant shall:

.1 direct regularly-scheduled schematic design and design development

coordination meetings;

.2 coordinate work of Other Consultants listed in paragraph 1.3 of Article A-1 –

DESIGN SERVICES;

.3 review the Owner’s Statement of Requirements, visit the Place of the Work,

and review characteristics of the site;

.4 evaluate and review with the Design-Builder a reasonable number of

alternative approaches to the design of the Construction;

.5 review applicable statutes, codes, and by-laws as the design of the

Construction is developed and where necessary review the same with the

authorities having jurisdiction in order that the Owner or the Design-Builder

may apply for and obtain the consents, approvals, licences, and permits

necessary for the Construction as appropriate to this stage of the design, and

prepare technical documentation as necessary;

.6 prepare technical support documents for zoning changes, variances from by-

laws or site plan approvals necessary for proceeding with the Construction;

.7 review with the Design-Builder the need for additional Other Consultants,

and assist the Design-Builder to establish contractual relationships as

appropriate;

.8 participate in the presentation of the preliminary design to the Owner;

.9 obtain confirmation from the Design-Builder of instructions for phased

occupancy or other special requirements;

.10 determine items of work to be furnished by the Owner, or not to be included

in the Construction Documents;

.11 investigate existing conditions or facilities;

.12 subject to the time schedule stipulated in paragraph 1.4 of Article A-1 –

DESIGN SERVICES, and the Construction Budget, prepare for the Design-

Builder’s review and acceptance, preliminary design, drawings and other

documents appropriate to the Construction, to describe the scale, size, and

character of the Construction, and how the parts of the Construction

functionally relate to each other;

.13 prepare documents as required to obtain pricing;

.14 provide information to the Design-Builder to prepare or amend the

Construction Budget in accordance with Part 5 of the General Conditions –

CHANGES AND ADJUSTMENTS;

.15 participate in the preparation of an estimate of probable Construction Cost

based on current area or volume unit costs factored to anticipated time of

construction.

□

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 9

SCHEDULE A BASIC DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks not

in Contract and method of remuneration for tasks in Contract.

*Services not in this Contract. Performed by other than the Consultant.

*Not in this Contract

Included in fixed fee

(paragraph 5.2.1 of Article A-5)

Included in percentage fee

(paragraph 5.2.2 of Article A-5)

Fee on time based rates

(paragraph 5.2.3 of Article A-5)

Other

(paragraph 5.2.4 of Article A-5)

A1.2 CONSTRUCTION DOCUMENTS PHASE

Based on the preliminary design documents (including schematic design and

design development documents) approved by the Design-Builder and accepted by

the Owner, the Construction Budget prepared by the Design-Builder, and the

schedule stipulated in paragraph 1.4 of Article A-1 –

DESIGN SERVICES, the

Consultant shall:

.1 direct regularly-scheduled construction documentation coordination

meetings;

.2 review with the Design-Builder the need for additional Other Consultants;

.3 coordinate work of Other Consultants listed in paragraph 1.3 of Article A-1

– DESIGN SERVICES;

.4 prepare Construction Documents consisting of specifications and drawings

setting forth in detail the requirements for the Construction, as required to

meet the mutually agreed design schedule;

.5 assist the Design-Builder with the preparation of document submissions to

obtain acceptance of the Owner as required to meet construction schedule;

.6 provide information for the Design-Builder to amend the Construction

Budget in accordance with Part 5 of the General Conditions – CHANGES

AND ADJUSTMENTS;

.7 assist the Design-Builder with the preparation of the bidding information and

bid forms;

.8 review statutes, regulations, codes, and by-laws, and where necessary

review the same with the authorities having jurisdiction in order that the

Owner or the Design-Builder may apply for and obtain the consents,

approvals, licences, and permits necessary for the Construction;

.9 provide signed and sealed drawings and specifications as required by the

authorities having jurisdiction at the Place of the Work to obtain permits

and approvals;

.10 provide documentation respecting substantial conformance of the design to

applicable regulations, excepting construction safety, to regulatory

authorities having jurisdiction, as required by such authorities for issuance

of required permits;

.11 coordinate with the Design-Builder the Design Services required in

connection with construction performed and equipment supplied by the

Owner.

□

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

10 CCDC 15 – 2013

SCHEDULE A BASIC DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks not

in Contract and method of remuneration for tasks in Contract.

*Services not in this Contract. Performed by other than the Consultant.

*Not in this Contract

Included in fixed fee

(paragraph 5.2.1 of Article A-5)

Included in percentage fee

aragraph 5.2.2 of Article A-5)

Fee on time based rates

(par

agraph 5.2.3 of Article A-5)

Other

(paragr

aph 5.2.4 of Article A-5)

A1.3 BIDDING AND NEGOTIATION PHASE

The Consultant shall:

.1 provide a set of Construction Documents to the Design-Builder;

.2 assist the Design-Builder in obtaining bids or proposals, and in preparing

addenda during the preparation of and following acceptance by the Design-

Builder and the Owner of the latest Construction Documents;

.3 advise the Design-Builder on the selection and implications of alternatives

as applicable;

.4 coordinate work of Other Consultants listed in paragraph 1.3 of Article

A-1 – DESIGN SERVICES.

□

A1.4 CONSTRUCTION PHASE – CONTRACT ADMINISTRATION

The Consultant shall:

.1 attend regularly-scheduled site meetings;

.2 coordinate work of Other Consultants listed in paragraph 1.3 of Article A-1

– DESIGN SERVICES;

.3 advise and consult with the Design-Builder on matters related to the Work

and the Construction;

.4 carry out General Reviews;

.5 examine, evaluate and report to the Design-Builder based upon a General

Review of the Construction;

.6 report to the Design-Builder defects and deficiencies in the Construction

observed during the course of the General Reviews that appear not to

conform to the requirements of the Construction Documents;

.7 advise the Design-Builder where proposed changes affect previous approvals

by authorities having jurisdiction;

.8 upon the written request of the Design-Builder, and with reasonable

promptness, prepare and issue documents and supplemental instructions and

render interpretations in written and graphic form as may be required;

.9 in the first instance, interpret and make findings on requests for information,

claims, disputes, and other matters in question relating to the interpretation of

the Construction Documents;

.10 review and take other appropriate action with reasonable promptness, or in

accordance with the Design-Builder’s schedule, of all submittals received,

such as proposed substitutions, shop drawings, product data, and samples, for

conformance with the general design concept of the Work as provided in the

Construction Documents;

.11 provide documentation required by regulatory authorities regarding general

conformance of Construction with the design approved by that authority;

provide copies of such documentation to the Design-Builder;

□

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 11

SCHEDULE A BASIC DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks not

in Contract and method of remuneration for tasks in Contract.

*Services not in this Contract. Performed by other than the Consultant.

*Not in this Contract

Included in fixed fee

(paragraph 5.2.1 of Article A-5)

Included in percentage fee

aragraph 5.2.2 of Article A-5)

Fee on time based rates

(par

agraph 5.2.3 of Article A-5)

Other

(paragr

aph 5.2.4 of Article A-5)

.12 assist the Design-Builder for the purpose of determining the date of

Substantial Performance of the Work;

.13 prepare Construction Cost progress reports based on the General Review and

the Design-Builder’s schedule of values;

.14 determine the value of Construction performed and products delivered to

the Place of the Work, in support of the Design-Builder’s applications for

payment pursuant to the Design-Build Contract Documents;

.15 review the Construction to determine whether the Construction is

substantially performed and when it is, so certify to the Design-Builder.

□

A1.5 POST CONSTRUCTION PHASE

The Consultant shall:

.1 coordinate work of Other Consultants listed in paragraph 1.3 of Article A-1

– DESIGN SERVICES;

.2 assist the Design-Builder in commissioning activities;

.3 collect and organize operating and maintenance manuals;

.4 assist the Design-Builder in the preparation of the final acceptance

documents at the end of the warranty period;

.5 during the warranty period:

(1) review and report on any defects or deficiencies in the Construction

including those reported or observed by the Owner during that period,

and

(2) notify the Design-Builder in writing of those items requiring attention

by the Design-Builder to complete the Construction in accordance with

the Design-Build Contract Documents; and

.6 do a final General Review and report upon notification by the Design-

Builder that the defects and deficiencies referred to in A1.5.5 have been

corrected and the Construction is completed;

.7 prepare record drawings.

□

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

12 CCDC 15 – 2013

SCHEDULE B ADDITIONAL DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks not

required, tasks performed by others, and method of remuneration for tasks in Contract.

Services not required

Services performed by others

Included in fixed fee

ara

h 5.2.1 of Article A-5

)

Included in percentage fee

ara

h 5.2.2 of Article A-5

)

Fee on time based rates

ara

h 5.2.3 of Article A-5

)

Other

ara

h 5.2.4 of Article A-5

)

1. Architectural services.

2. Structural engineering services.

3. Mechanical engineering services.

4. Electrical engineering services.

5. Landscape architect services.

6. Civil engineering services.

7. Geotechnical engineering services.

8. Surveying services.

9. Commissioning agent services.

10. Cost estimating services.

11. Interior design services.

12. Furniture, furniture and equipment selection, procurement and installation.

13. Graphic design, way finding and non-code related signage and similar services.

14. Tenant layout and design services.

15. Security system design services.

16. Financial feasibility or other special costing studies.

17. Site evaluations, investigations, surveys, and comparison of site alternatives.

18. Participation in formal value engineering studies.

19. Participation in community involvement meetings or public hearings.

20. Preparation of measured drawings.

21. Verification of accuracy of drawings or other information furnished by the Owner or

the Design-Builder.

22. Inventories of materials and equipment.

23. Detailed evaluation of existing facilities.

24. Assisting the Design-Builder in establishing contractual relationships related to the

Design Services and Work.

25. Building area certification.

26. Preparation of scale models.

27. Preparation of renderings.

28. Assisting the Design-Builder in engaging, and coordinating, providers of scale models

or renderings.

29. Tasks in connection with any mediation, arbitration or legal proceeding.

30. Resident services on site during construction, as agreed in writing by the parties with

respect to the Consultant’s specific duties and responsibilities.

□

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of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 13

SCHEDULE B ADDITIONAL DESIGN SERVICES AND REMUNERATION

Indicate with a √ in the appropriate column for each task listed below, including tasks

performed by others, and method of remuneration for tasks in Contract.

Services performed by others

Included in fixed fee

(paragraph 5.2.1 of Article A-5)

Included in percentage fee

(paragraph 5.2.2 of Article A-5)

Fee on time based rates

(paragraph 5.2.3 of Article A-5)

Other

(paragraph 5.2.4 of Article A-5)

List other additional Design Services as required hereunder.

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sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

14 CCDC 15 – 2013

SCHEDULE C REIMBURSABLE EXPENSES

Indicate with a √ in the appropriate column whether each expense item is included in the fee or is

separately reimbursable.

Included in Fee

(paragraphs 5.2.1, 5.2.2 or 5.2.3

of Article A-5)

Reimbursable

(paragraph 5.6 of Article A-5)

1. Travel, lodging and meals in accordance with an agreed upon schedule and at rates mutually

agreed by the parties.

2. Communication and shipping (e.g., for long distance telephone calls and facsimile messages,

courier service, and postage).

3. Reproduction of plans, sketches, drawings, graphic representations, specifications, other

documents, and all hardcopies and physical objects for distribution outside the design-build

team.

4. Renderings, models and mock-ups specifically requested by the Design-Builder or required by

the authorities having jurisdiction and approved in advance by the Design-Builder.

5. Fees, levies, duties or taxes paid for securing for permits, licences, or approvals from

authorities having jurisdiction over the Work.

6. Overtime authorized in advance by the Design-Builder to the extent that the cost of such

overtime exceeds normal direct employee expenses.

7. Project specific information and document management systems as authorized by the Design-

Builder.

8. Additional insurance coverage beyond the limits specified in GC 9.1 – INSURANCE.

9. Providing and maintaining project site offices, office equipment, telephones, facsimile as

required for use by the Consultant over the duration of Construction.

List other reimbursable expense items as required:

□

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sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 15

SCHEDULE D TIME-BASED RATES FOR PERSONNEL EMPLOYED BY THE CONSULTANT

Personnel employed by the Consultant, (e.g. senior designer, intermediate designer, junior designer,

estimator, supervisor)

Unit Rate

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16 CCDC 15 – 2013

DEFINITIONS

The following Definitions shall apply to all Contract Documents.

Construction

Construction means the total construction and related services required by the Construction Documents, but does not include

Design Services or services of Other Consultants.

Construction Budget

The Construction Budget is the amount identified as such in the Agreement, which is the maximum estimated

Construction Cost, and amendments thereto mutually accepted by the parties in writing.

Construction Cost

Construction Cost means the actual cost of the Construction, including overhead, permit fees, all applicable taxes, but

excluding the Value Added Taxes

and excluding the remuneration of the Consultant, the Subconsultants and Other

Consultants.

Construction Documents

The Construction Documents consist of drawings, specifications and other documents prepared by the Consultant on behalf

of the Design-Builder, based on the Design-Build Contract Documents, and accepted in writing by the Owner and the Design-

Builder as meeting the Owner’s Statement of Requirements and the general intent of the Design-Build Contract Documents.

Consultant

The Consultant is the person or entity identified as such in the Agreement. The Consultant is the architect, the engineer or

entity licensed to practise in the province or territory of the Place of the Work and engaged by the Design-Builder to provide

the Design Services.

Contract

The Contract is the undertaking by the parties to perform their respective duties, responsibilities, and obligations as

prescribed in the Contract Documents and represents the entire agreement between the parties.

Contract Documents

The Contract Documents consist of those documents listed in Article A-4 – CONTRACT DOCUMENTS and amendments

thereto agreed upon between the parties in writing.

Coordination

Coordination is the act of:

- managing communication among the Consultant, Subconsultants, Other Consultants, and the Design-Builder,

- providing direction as necessary to give effect to any design decisions taken,

- reviewing the product of the Design Services to assist in identifying conflicts and to monitor compliance with directions.

Design-Build Contract Documents

The Design-Build Contract Documents consist of those documents that comprise the contract between the Owner and the

Design-Builder and amendments thereto agreed upon by the Owner and the Design-Builder.

Design-Builder

The Desi

gn-Builder is the person or en

tity identified as such in the Agreement.

Design Services

Design Services are the professional design and related services provided by the Consultant as described in Article A-1 –

DESIGN SERVICES and Schedules A and B.

General Review

General Review means the visits to the Place of the Work at intervals appropriate to the progress of the Construction that the

Consultant considers, in the Consultant’s sole judgement, to be necessary to become familiar with the progress and quality of

the Construction and to determine that the Construction is performed in general conformity with the Construction Documents

and applicable statutes, regulations, codes, and bylaws of all authorities having jurisdiction. General Review does not require

making exhaustive or continuous site reviews.

Notice in Writing

A Notice in Writing is a written communication between the parties that is transmitted in accordance with the provisions of

Article A-7 – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING.

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sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 17

Other Consultant

Other Consultant is a person or entity, other than the Consultant, that may be engaged by the Design-Builder to provide

services related to the Work.

Owner

The Owner is the person or entity identified as such in the Agreement.

Owner’s Statement of Requirements

The Owner’s Statement of Requirements consists of written requirements and information provided by the Owner and

forming part of the Design-Build Contract Documents, and amendments thereto agreed upon between the Owner and the

Design-Builder.

Place of the Work

The Place of the Work is the designated site or location of the Work identified in the Agreement and within which the

Construction is located.

Subconsultant

A Subconsultant is a person or entity engaged by the Consultant to perform part of the Design Services.

Subcontractor

A Subcontractor is a person or entity having a direct contract with the Design-Builder to perform a part or parts of the Work

at the Place of the Work.

Substantial Performance of the Work

Substantial Performance of the Work is as defined in the legislation applicable to the Place of the Work. If such legislation is

not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial

Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended

and is so certified.

Value Added Taxes

Value Added Taxes means such sums as shall be levied upon the Consultant’s fee and reimbursable expenses, and on the

Construction Cost, by the federal or any provincial or territorial government and includes the Goods and Services Tax, the

Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed

by tax legislation.

Work

The Work means the total construction and related services required by the Design-Build Contract Documents, but does not

include the Design Services or services of Other Consultants.

Working Day

Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the

construction industry in the area of the Place of the Work.

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sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

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18 CCDC 15 – 2013

GENERAL CONDITIONS

PART 1 GENERAL PROVISIONS

GC 1.1 CONTRACT DOCUMENTS

1.1.1 If there is a conflict within the documents of this Contract, the order of priority of documents, from highest to lowest,

shall be:

.1 the Agreement between the Design-Builder and the Consultant including Schedules A, B, C, and D.

.2 the Definitions,

.3 Supplementary Conditions,

.4 the General Conditions,

.5 the Owner’s Statement of Requirements.

1.1.2 Nothing in this Contract shall create any contractual relationship between the Consultant and the Owner, or the Owner’s

agents or employees.

GC 1.2 COPYRIGHT AND USE OF DOCUMENTS

1.2.1 Copyright for the design and drawings and electronic media, prepared by or on behalf of the Consultant, belong to the

Consultant. Plans, sketches, drawings, graphic representations, and specifications, including, but not limited to,

computer generated designs, are instruments of the Consultant’s service and shall remain the property of the Consultant

whether or not the Construction for which they are made is executed and whether or not the Design-Builder has paid for

the Design Services. Their alteration by the Design-Builder is prohibited.

1.2.2 Submissions or distribution of the Consultant’s plans, sketches, drawings, electronic files, graphic representations, and

specifications to meet all requirements of all authorities having jurisdiction over the Work or for other purposes in

connection with the Work is not to be construed as publication in derogation of the Consultant’s reserved rights.

1.2.3 The Owner and the Design-Builder may retain copies, including reproducible copies, of plans, sketches, drawings,

graphic representations, and specifications for information and reference in connection with the Owner’s use and

occupancy of the Work. Copies may only be used for the purpose intended and for a one time use, on the same site, and

for the same project, by the Design-Builder only and may not be offered for sale or transfer without the express written

consent of the Consultant. Except for reference purposes, the plans, sketches, drawings, electronic files, graphic

representations, and specifications shall not be used for additions or alterations to the Work or on any other project

without a written licence from the Consultant for the limited or repeat use of such documents.

1.2.4 As a condition precedent to the use of the plans, sketches, drawings, electronic files, graphic representations, and

specifications, all corresponding related fees and reimbursable expenses of the Consultant are required to be paid in

accordance with the Contract.

1.2.5 The Owner or t

he Design-Builder shall be entitled to keep origi

nal models or renderings the Design-Builder specifically

commissioned and paid for.

1.2.6 Should the Design-Builder alter the Consultant’s instrument of service, or use or provide them to third parties other than

in connection with the Work without informing the Consultant by Notice in Writing and without the Consultant’s prior

written consent, the Consultant will be entitled either to compensation for such improper alteration or to prevent such

improper use of the Consultant’s instruments of service, or both. Moreover, the Design-Builder shall indemnify the

Consultant against claims and costs (including legal costs) associated with such improper alteration or use. In no event

will the Consultant be responsible for the consequences of any such improper alteration or use.

GC 1.3 LAW OF THE CONTRACT

1.3.1 The law of the Place of the Work shall govern the interpretation of the Contract.

GC 1.4 RIGHTS AND REMEDIES

1.4.1 Except as expressly provided in the Contract, the duties and obligations imposed by the Contract and the rights and

remedies available hereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and

remedies otherwise imposed or available by law.

1.4.2 No action or failure to act by the Design-Builder or the Consultant shall constitute a waiver of any right or duty

afforded to either of them under the Contract, nor shall any such action or failure to act constitute an approval of or

acquiescence in any breach thereunder, except as may be specifically agreed to in writing.

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CCDC 15 – 2013 19

GC 1.5 ASSIGNMENT

1.5.1 Neither the Design-Builder nor the Consultant shall assign, sublet, or transfer an interest in this Contract without the

written consent of the other, which consent shall not be unreasonably withheld.

GC 1.6 CONFIDENTIALITY

1.6.1 Where a confidentiality agreement exists, or as the Owner otherwise expressly identifies and requires, the Consultant

and the Design-Builder shall keep confidential all matters respecting technical and commercial issues relating to or

arising from the performance of the Contract and shall not, without the prior written consent of the other party,

disclose any such matters, except in strict confidence, to their respective professional advisors.

PART 2 DESIGN-BUILDER’S RESPONSIBILITIES

GC 2.1 INFORMATION TO BE SUPPLIED BY THE DESIGN-BUILDER

2.1.1 The Design-Builder shall provide to the Consultant:

.1 a copy of the Design-Build Contract Documents including the Owner’s Statement of Requirements, but the

commercial terms of the contract need not be disclosed;

.2 all required cost estimating information;

.3 the Construction Budget;

.4 a time schedule based upon the Design Services as described in Article A-1 – DESIGN SERVICES;

.5 surveys describing the physical characteristics, legal limitations and utility locations for the site, including legal

descriptions of the site and adjoining properties, as necessary to complete the Design Services;

.6 reports and appropriate professional recommendations of specialist consultants required by the Consultant;

.7 inspection and test reports required by the Owner, the Consultant, Subconsultants, Other Consultants, authorities

having jurisdiction, or by the Design-Build Contract Documents;

.8 pertinent information on contracts with Other Consultants identified in Article A-1 – DESIGN SERVICES.

2.1.2 The Consultant shall be entitled to rely on the accuracy and completeness of information supplied by the Design-Builder.

2.1.3 Contracts for the provision of information, surveys and reports will be considered direct contracts with the Design-

Builder, unless expressly provided otherwise.

2.1.4 The Design-Builder shall:

.1 examine requests for information or decisions submitted by the Consultant, and promptly provide the Consultant

with the necessary information or decisions to avoid any delay;

.2 obtain and pay the costs of all required consents, approvals, licences, and permits from authorities having

jurisdiction, unless the Owner is required to do so under the Design-Build Contract Documents;

.3 promptly inform the Consultant by Notice in Writing if the Desi

gn-Builder observes or otherwise becomes aware of

any non-conformity wit

h the requirements of this Contract. Nothing in this paragraph shall relieve the Consultant of

responsibility for the Consultant’s own errors and omissions;

.4 promptly fulfil the Design-Builder’s responsibilities for the orderly and timely progress of the Design Services and

of the Work;

.5 keep the Consultant fully informed of any changes in available information respecting the Design Services and

Construction, whether obtained from the Owner or otherwise, including changes in the Owner’s Statement of

Requirements;

.6 involve the Consultant in any value engineering; and

.7 involve the Consultant in preparing estimates of Construction Cost.

GC 2.2 DESIGN-BUILDER’S REVIEW OF THE DESIGN

2.2.1 The Design-Builder shall review the design as the Design Services proceed to confirm that the design is in general

compliance with the Contract Documents and the Construction Budget.

2.2.2 The Design-Builder shall complete the reviews in accordance with the schedule agreed upon, or in the absence of an

agreed schedule, with reasonable promptness so as to cause no undue delay.

2.2.3 The Design-Builder’s review shall not relieve the Consultant of responsibility for errors or omissions in the design

documents or for meeting all requirements of the Contract Documents unless the Design-Builder directs or accepts in

writing a deviation from the requirements of the Contract Documents.

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20 CCDC 15 – 2013

2.2.4 No later than 10 Working Days after completing the review, the Design-Builder shall advise the Consultant in writing

that the Design-Builder has accepted or rejected the design documents. If rejected, the Design-Builder shall inform

the Consultant of the reasons of non-conformance and the Consultant shall revise the design documents to address the

non-conformance. The Consultant shall inform the Design-Builder in writing of any revisions other than those

requested by the Design-Builder.

PART 3 CONSULTANT’S RESPONSIBILITIES

GC 3.1 DESIGN SERVICES

3.1.1 The Consultant shall perform the Design Services in accordance with this Contract and with the degree of care, skill and

diligence normally provided by consultants in the performance of comparable services in respect of projects of a similar

nature to that contemplated by this Contract.

3.1.2 The parties acknowledge that the Consultant has obligations arising from the Consultant’s professional status and by law,

which oblige the Consultant to exercise the Consultant’s judgement and take actions to protect the public.

3.1.3 The Consultant shall have the authority to act on the Design-Builder’s behalf to the extent provided in this Contract

and the Construction Documents.

3.1.4 The extent of the duties, responsibilities and limitations of authority of the Consultant as the Design-Builder’s

representative during construction shall be modified or extended only with the written consent of the Design-Builder and

the Consultant, and if such duties, responsibilities and limitations of authority are specified in the Design-Build Contract

Documents, only with the written consent of the Owner, Design-Builder and Consultant.

3.1.5 Unless otherwise directed by the Design-Builder or required by the Design-Build Contract Documents, all

communications between the Consultant and the Owner shall be forwarded through the Design-Builder.

3.1.6 The Consultant shall, in the first instance, be the interpreter of the requirements of the Construction Documents.

3.1.7 The Consultant shall perform the Desi

gn Services in accordance with the time

schedule referred to in paragraph 1.4 of

Article A-1 – DESIGN SERVICES and as expeditiously as required for the orderly progress of the Design Services and

Construction.

3.1.8 In performing the Design Services, the Consultant shall endeavour to meet the Construction Budget.

3.1.9 The Consultant shall have access to the Construction at all reasonable times wherever and whenever it is in

preparation or progress.

3.1.10 The Consultant will not be responsible for and will not have control, charge or supervision of construction means,

methods, techniques, sequences, or procedures, or for safety precautions and programs required by applicable

construction safety legislation, other regulations or general construction practice.

3.1.11 The Consultant will not be responsible for the Design-Builder’s failure to carry out the Construction in accordance

with the Design-Build Contract Documents.

3.1.12 The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Design-Builder,

Other Consultants, Subcontractors, suppliers, or their agents, employees, or any other persons performing portions of

the Work.

3.1.13 The Consultant shall have the authority to:

.1 reject work which does not conform to requirements of the Construction Documents, and

.2 require special inspection or testing of work, whether or not such work has been fabricated, installed or

completed.

3.1.14 Any Construction Cost progress reports prepared by the Consultant shall be subject to:

.1 review and evaluation of the Construction as it progresses for general conformity to the Construction Documents as

provided in Schedule A,

.2 the results of any subsequent tests required by or performed under the Construction Documents,

.3 minor deviations from the Construction Documents being corrected prior to completion, and

.4 any specific qualifications stated in the reports.

3.1.15 The issuance of a Construction Cost progress report shall constitute a representation by the Consultant to the Design-

Builder that, to the best of the Consultant’s knowledge, information and belief, the extent and value of the Construction

is as indicated by the Design-Builder, or to such other extent as the Consultant considers appropriate, and that the value

of the extent of the Construction performed is consistent with the Design-Builder’s schedule of values.

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CCDC 15 – 2013 21

3.1.16 The issuance of a Construction Cost progress report shall not be a representation by the Consultant that the Consultant

has made any examination to ascertain how or for what purpose the Design-Builder has used the monies paid, or that the

Design-Builder has discharged the obligations imposed on the Design-Builder by law under the workers compensation or

other applicable legislation.

3.1.17 Consultant prepared record drawings showing changes made to the Construction shall be based on marked up

drawings and other information provided by the Design-Builder. The accuracy of such information shall remain the

sole responsibility of the Design-Builder.

3.1.18 The Consultant shall provide, at the request of the Design-Builder and subject to paragraph 5.2.1 of GC 5.2 – FEES,

additional Design Services required by:

.1 instructions that are inconsistent with written instructions or written approvals previously given by the Design-

Builder, the Owner, or an authority having jurisdiction, including revisions made necessary by changes to the

Owner’s Statement of Requirements or the Construction Budget,

.2 the enactment or revision of statutes, regulations, codes, or by-laws after specifications, drawings, and other

documents are prepared,

.3 an interpretation by the authorities having jurisdiction over the Work which differs from the Consultant’s

interpretation of statutes, regulations, codes, and bylaws, which difference the Consultant could not have

reasonably anticipated,

.4 the failure of the Owner, Design-Builder, or authorities having jurisdiction to deliver timely decisions,

.5 Owner initiated changes,

.6 default of the Design-Builder or any Subcontractor,

.7 major defects or deficiencies caused by the Design-Builder or any Subcontractors,

.8 failure of either the Owner or Design-Builder to perform their respective obligations under the Design-Build

Contract Documents, or

.9 work that is damaged by fire or other cause during construction.

GC 3.2 SUBCONSULTANTS

3.2.1 Where the Consultant is required pursuant to Article A-1 – DESIGN SERVICES, or where the Consultant chooses to

provide Design Services performed by Subconsultants, the Consultant shall:

.1 enter into contracts with Subconsultants to perform Design Services in accordance with laws applicable at the Plac

of the Work,

.2 incorporate the term

s and conditions of the Contract Documents into all contracts with Subconsultants, insofar as

they are applicable,

.3 provide Coordination of the services performed by Subconsultants,

.4 be fully responsible to the Design-Builder for acts and omissions of Subconsultants, and

.5 preserve and protect the rights of the parties under the Contract with respect to Design Services performed by

Subconsultants.

GC 3.3 OTHER CONSULTANTS

3.3.1 If the Design-Builder engages Other Consultants, the Design-Builder shall:

.1 engage such Other Consultants under terms and conditions compatible with this Contract, and

.2 ensure such Other Consultants carry the same insurance as required under GC 9.1 – INSURANCE.

PART 4 PAYMENTS TO THE CONSULTANT

GC 4.1 PAYMENTS

4.1.1 Payments for the Consultant’s basic Design Services shall be made monthly, and where applicable, shall be in proportion

to the phases described in paragraph 5.3 of Article A-5 – REMUNERATION FOR THE DESIGN SERVICES.

4.1.2 Payments on account of additional Design Services and for reimbursable expenses as described in paragraphs 5.2 and 5.6

of Article A-5 – REMUNERATION FOR THE DESIGN SERVICES shall be made monthly upon submittal of the

Consultant’s invoice for Design Services rendered and reimbursable expenses incurred.

4.1.3 An invoice submitted by the Consultant under this Contract shall be paid by the Design-Builder within 7 calendar days

after the Design-Builder receives payment from the Owner for the Design Services, but in no event later than 90 calendar

days after submittal of the invoice.

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22 CCDC 15 – 2013

4.1.4 No deductions shall be made by the Design-Builder from amounts payable to the Consultant on account of penalty,

liquidated damages or other sums withheld from payments to the Design-Builder, or on account of the cost of changes in

the Construction, other than those for which the Consultant is proven to be legally responsible or has agreed to pay.

4.1.5 Subject to Part 5 of the General Conditions – CHANGES AND ADJUSTMENTS, variance from the Construction

Budget established under this Contract shall not constitute grounds for the Design-Builder to withhold payment due to

the Consultant.

GC 4.2 REIMBURSABLE EXPENSES

4.2.1 In paragraph 5.3 of Article A-5 – REMUNERATION FOR THE DESIGN SERVICES and Part 4 of the General

Conditions – PAYMENTS TO THE CONSULTANT, reimbursable expenses include all expense items listed in

Schedule C and any other expenses that are agreed to by the parties, which the Consultant, the Consultant’s employees

and Subconsultants incurred in performing the Design Services. The expenses will be charged at rates according to a

schedule mutually agreed by the parties, plus the percentage mark-up on such expenses specified in paragraph 5.6 of

Article A-5 – REMUNERATION FOR THE DESIGN SERVICES.

GC 4.3 PERCENTAGE-BASED FEE

4.3.1 When the fee is percentage-based, the basis for calculating the applicable portion of the fee for each phase, milestone or

deliverable of the Design Services, as proportioned in paragraph 5.3 of Article A-5–REMUNERATION FOR THE

DESIGN SERVICES, shall be as follows:

.1 for the Preliminary Design Phase (including schematic design and design development): on the basis of the

Construction Budget at the commencement of the phase, milestone or deliverable.

.2 for the Construction Documents Phase and the Bidding and Negotiation Phase (including single or sequential

bidding and or negotiating): on the basis of the Construction Budget at the commencement of each phase, milestone

or deliverable.

.3 for all subsequent phases: on the basis of the Construction Cost including the value of changes to the Construction.

4.3.2. For the Design Services relative to the portions of the Construction that are designed but then deleted or otherwise not

constructed, the fee for those portions of the Construction shall be proportionate to the extent of such Design Services in

accordance with paragraph 5.3 of Article A-5 – REMUNERATION FOR THE DESIGN SERVICES, and shall be based

on the latest Construction Budget.

PART 5 CHANGES AND ADJUSTMENTS

GC 5.1 CONSTRUCTION BUDGET

5.1.1 If the bidding and negotiation phase has not commenced within 90 calendar days after the Consultant submits the

Construction Documents to the Design-Builder, the Construction Budget shall be adjusted to reflect changes in the

general level of prices in the construction industry material to the Place of the Work, if any, between the date of

submission of the Construction Documents to the Design-Builder and the date on which bids or proposals are sought.

5.1.2

If the total amount of t

he lowest bona fide bids or lowest negotiated proposals exceeds the latest Construction Budget, the

Design-Builder shall:

.1 give the Consultant written approval of an increase in the Construction Budget, or

.2 co-operate with the Consultant to revise the Construction Documents to meet the latest Construction Budget while

complying with the requirements of the Design-Build Contract Documents, or

.3 rebid or re-negotiate the bids or proposals.

5.1.3 If the Design-Builder chooses to proceed under paragraph 5.1.2.2, the Consultant shall revise the Construction

Documents to meet the latest Construction Budget while complying with the requirements of the Design-Build

Contract Documents. Such revision shall be performed in accordance with a mutually accepted schedule, and shall be

paid for by the Design-Builder unless such revision is required as a direct result of the Consultant’s failure to make

reasonable efforts in the execution of the Design Services to meet the Construction Budget.

5.1.4 The modification of the Construction Documents shall be the limit of the Consultant’s responsibility.

GC 5.2 FEES

5.2.1 If the scope of the Design Services is changed through no fault of the Consultant, the fees shall be equitably adjusted as

mutually agreed in writing.

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 23

5.2.2 The Consultant shall provide, prior to the commencement of the Design Services, an estimate of the cost of the Design

Services to be performed under time-based rates and reimbursable expenses, as requested by the Design-Builder, to assist

in evaluating and verifying the cost. These costs shall be monitored and verified from time to time and when the billing

reaches 80% of the estimated cost, the parties will review the situation and make the necessary adjustments if deemed

appropriate.

PART 6 DEFAULTS

GC 6.1 TERMINATION AND SUSPENSION

6.1.1 Unless otherwise stated in the Contract Documents, the Design Services shall terminate one year after certification of

Substantial Performance of the Work.

6.1.2 If a party is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency, or

a receiver is appointed because of its insolvency, the other party may, without prejudice to any other right or remedy it

may have, terminate this Contract by giving that party or receiver or trustee in bankruptcy Notice in Writing to that

effect.

6.1.3 If the Consultant neglects to properly perform the Design Services or otherwise fails to comply with the requirements

of this Contract to a substantial degree, the Design-Builder may, without prejudice to any other right or remedy the

Design-Builder may have, give the Consultant Notice in Writing that the Consultant is in default of the Consultant’s

contractual obligations and instruct the Consultant to correct the default in the 5 Working Days immediately following

the receipt of such Notice in Writing.

6.1.4 If the default cannot be corrected in the 5 Working Days specified, or in such other time period as may be

subsequently agreed upon in writing by the parties, the Consultant shall be in compliance with the Design-Builder’s

instructions if the Consultant:

1. commences the correction of the default within the specified time, and

2. provides the Design-Builder with an acceptable time schedule for such correction, and

3. corrects the default in accordance with the Contract terms and with such time schedule.

6.1.5 If the Consultant does not correct the default in the time specified or in such other time period as may be subsequently

agreed in writing by the parties, the Design-Builder may, without prejudice to any rights or remedies the Desi

gn-

Builder may have:

.1 correct such de

fault and deduct the cost thereof from any payment then or thereafter due to the Consultant, or

.2 terminate the Consultant’s right to continue providing Design Services, in whole or in part, or

.3 terminate this Contract.

Such termination shall not relieve the Design-Builder of the Design-Builder’s obligation to pay for Design Services

properly performed and reimbursable expenses properly incurred by the Consultant up to the date of termination and

in the manner provided in this Contract.

6.1.6 If the Design-Builder is in default in the performance of any of the Design-Builder’s obligations under this Contract,

including but not limited to the non-payment of fees and reimbursable expenses of the Consultant in the manner

provided in this Contract, the Consultant may provide a Notice in Writing to the Design-Builder that the default must

be corrected.

6.1.7 If the Design-Builder does not correct the default within 5 Working Days after receipt of such Notice in Writing, or if

the default, other than a default in payment, cannot be corrected within those 5 Working Days, or if the Design-

Builder does not commence correction within such 5 Working Days or provide the Consultant with an acceptable

schedule for such correction and correct the default within such schedule, the Consultant may terminate this Contract

upon further Notice in Writing to the Design-Builder.

6.1.8 If the Design-Builder is unwilling or unable to proceed with the Construction, the Design-Builder may suspend or

terminate this Contract by Notice in Writing sent to the Consultant. Upon receipt of such Notice in Writing, the

Consultant shall perform no further Design Services othe

r than those reasonably necessary to suspend or terminate

that portion of the Wo

rk for which the Consultant is responsible.

6.1.9 If the Design-Builder suspends performance of the Design Services at any time for more than 30 consecutive or non-

consecutive calendar days through no fault of the Consultant, the Consultant may terminate this Contract upon

providing a Notice in Writing to the Design-Builder.

6.1.10 If this Contract is terminated under any of the conditions set out in paragraphs 6.1.7 to 6.1.9, the Consultant shall be

entitled to be paid for all Design Services performed and reimbursable expenses incurred, and for such damages as the

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

24 CCDC 15 – 2013

Consultant may have sustained as a result of the termination. The Consultant’s entitlement to payment for such

damages shall be as set out in the Agreement.

PART 7 DISPUTE RESOLUTION

GC 7.1 DISPUTE RESOLUTION

7.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract

or any failure to agree where agreement between the parties is called for, collectively referred to as disputes shall be

settled in accordance with the requirements of GC 7.1 – DISPUTE RESOLUTION.

7.1.2 The Design-Builder and the Consultant shall make all reasonable efforts to resolve disputes by amicable negotiations and

agree to provide, on a without prejudice basis, frank, candid and timely disclosure of relevant facts, information and

documents, to facilitate these negotiations.

7.1.3 If the parties so agree, the dispute shall be submitted to mediation or arbitration in accordance with the Rules for

Mediation and Arbitration of Construction Disputes as provided in CCDC 40 in effect on the date of this Contract.

7.1.4 If the dispute is not resolved within 10 Working Days after a mediator was appointed under paragraph 7.1.3, or within

such further period agreed to by the parties, the mediator shall terminate the negotiations by giving Notice in Writing.

7.1.5 After termination of the mediated negotiations under paragraph 7.1.4, the parties may, by the mutual agreement

stipulated in paragraph 7.1.3, refer the dispute to be finally resolved by arbitration in accordance with the Rules for

Arbitration of Construction Disputes as provided in CCDC 40 in effect on the date of this Contract.

7.1.6 The arbitration shall be conducted in the jurisdiction of the Place of the Work unless otherwise agreed to by the parties.

7.1.7 If the parties do not refer the dispute to arbitration under paragraph 7.1.5, the parties may refer the unresolved dispute to

the courts or to any other form of dispute resolution, including arbitration, which they agree to use.

7.1.8 Part 7 of the General Conditions – DISPUTE RESOLUTION shall survive suspension or termination of the Contract.

PART 8 TAXES AND ACCOUNTING RECORDS

GC 8.1 TAXES

8.1.1 The Consultant’s fees and reimbursable expenses shall include all applicable taxes and customs duties in respect of the

Design Services that are in effect at the time of the proposal or bid closing except for Value Added Taxes.

8.1.2 Any increase or decrease in costs to the Consultant due to changes in such included taxes and duties after this Contract is

executed shall increase or decrease the Consultant’s fee and reimbursable expenses as applicable.

GC 8.2 ACCOUNTING RECORDS

8.2.1 The Consultant shall maintain, by generally accepted accounting methods, records of reimbursable expenses of

expenditures pertaining to the performance of all Design Services for which the payment is calculated on a time basis,

plus the reimbursement of expenses incurred. These records shall be available to the Design-Builder for a period of one

year after the date of termination of this Contract.

PART 9 INSURANCE

GC 9.1 INSURANCE

9.1.1 The Consultant, Subconsul

tants and the Design-Builder shall each carry Professional Liab

ility Insurance with limits of

not less than $1,000,000 per claim and with an aggregate limit of not less than $2,000,000 within any policy year, and a

deductible not exceeding $50,000.

9.1.2 The Professional Liability Insurance policies shall be:

.1 placed with an indemnity plan, or insurer licensed to underwrite insurance in the jurisdiction of the Place of the

Work, and

.2 maintained continuously from the commencement of the Design Services, until two years after Substantial

Performance of the Work.

9.1.3 The Consultant, Subconsultants and the Design-Builder shall each carry from the date of commencement of the Design

Services until one year after the date of Substantial Performance of the Work:

.1 General Liability Insurance with limits of not less than $5,000,000 per occurrence,

Note: This contract is protected by copyright. Use of a CCDC 15 document not containing a CCDC 15 copyright seal constitutes an infringement of copyright. Only

sign this contract if the document cover page bears a CCDC 15 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version

of CCDC 15 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

CCDC 15 – 2013 25

.2 Automobile Liability Insurance with limits of not less than $5,000,000 per occurrence, and

.3 if owned or non-owned aircraft and watercraft are used directly or indirectly in the performance of the Design

Services, Aircraft and Watercraft Liability Insurance with limits of not less than $5,000,000 per occurrence.

9.1.4 Prior to commencement of the Design Services and upon the placement, renewal, amendment, or extension of all or any

part of the insurance, the Consultant shall promptly provide the Design-Builder with confirmation of coverage, the limits,

amount of deductibles, and any exclusions relevant to the Design Services.

PART 10 INDEMNIFICATION AND LIMITATION OF LIABILITY

GC 10.1 DEFINITION AND SURVIVAL

10.1.1 For the purposes of Part 10 of the General Condition – INDEMNIFICATION AND LIMITATION OF LIABILITY,

"claim" or "claims" shall mean claims, demands, losses, costs, damages, actions, suits or proceedings, whether in contract

or tort.

10.1.2 Part 10 of the General Condition – INDEMNIFICATION AND LIMITATION OF LIABILITY shall survive suspension

or termination of the Contract.

GC 10.2 INDEMNIFICATION AND LIMITATION OF LIABILITY

10.2.1 The Design-Builder and the Consultant shall each indemnify and hold harmless the other from and against all claims,

whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable

in any respect to their involvement as parties to this Contract, provided such claims are:

.1 caused by:

(1) errors, omissions, or negligence of the party from whom indemnification is sought or anyone for whom that

party is responsible, or

(2) a breach of this Contract by the party from whom indemnification is sought; and

.2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set

out in the certificate of Substantial Performance of the Work or within such shorter period as may be prescribed

by any limitation statute of the province or territory of the Place of the Work.

10.2.2 The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.

10.2.3 The obligation of either party to indemnify as set forth in paragraph 10.2.1 shall be limited as follows:

.1 In respect to losses suffered by the Design-Builder or the Consultant of the type for which insurance is to be

provided by either party pursuant to GC 9.1 – INSURANCE, limited to the amount of such insurance.

.2 In respect to losses suffered by the Design-Builder or the Consultant of the type for which insurance is not

required to be provided by either party in accordance with GC 9.1 – INSURANCE,

(1) limited to the amount set out in paragraph 5.8 of Article A-5 – REMUNERATION FOR THE DESIGN

SERVICES, and

(2) if no amount is set out in the paragraph 5.8 of Article A-5 – REMUNERATION FOR THE DESIGN

SERVICES, limited to the total amount of the Consultant’s fee and reimbursable expenses, or $250,000,

whichever is greater.

.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to

injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other

claims for indemnity as a result of claim

s advanced by third

parties, the limits of indemnity set forth in paragraphs

10.2.3.1 and 10.2.3.2 shall apply.

10.2.4 The obligation of either party to indemnify the other as set forth in paragraphs 10.2.1 and 10.2.2 shall be inclusive of

interest and all legal costs.

10.2.5 In respect to any claim for indemnity or to be held harmless by the Design-Builder or the Consultant:

.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is

based became known;

.2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order,

judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party

upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party

against whom such final order or judgment has been made until such rights of appeal have been exhausted.

10.2.6 The liability of each party with respect to a claim against each other is limited to direct damages only and neither party

will have any liability whatsoever for consequential or indirect loss or damage incurred by the other party.

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Completed 10 February 2022

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