ASSIGNMENT # 4

1) 2.1) The term consultant means the Architect or Engineer, or entity licensed to
practice in the territory of the Place of work and engaged by the design builder to
proide the !onsultants "esign #erices and to coordinate the proision of the
"esign #erices of all other consultants employed by the design builder.
2.2) The "esign $uilder is the person or entity identified as such in the agreement.
The term "esign builder means the "esign builder or the "esign $uilders
%.2) There is no contractual relationship between the owner and the design
consultant.
%.%) The drawings are the graphic and pictorial portions of the contract documents
, whereer located and wheneer issued, showing the design, location, and
dimensions of the construction, generally including plans, eleations, sections
details, schedules, and diagrams.
%.&) The drawings prepared by the consultant, or other consultants are instruments of

&) The owners statement of re'uirements includes the site information eg. #ite
description, topographical and boundary sureys, enironmental, geographical,
geotechnical, and designated substances inestigation reports
The owners program re'uirement include the design ob(ecties and parameters,
performance re'uirements, constraints and criteria, spatial and functional
re'uirements and relationships, fle)ibility and potential for e)pansion, special
e'uipment and systems, and site re'uirements and budget.
*) The consultant is responsible for +
a) ,eiewing the owner-s statement of responsibility.
b) The reiew with the owner of responsible alternatie approaches to the design
c) The preparation of the design that meets the criteria set forth in the contract
documents.
d) The coordination re'uired to integrate all parts of the design serices.
e) The preparation of schematic design documents to illustrate the scale and character
of the work and how the parts of the work functionally relate to each other.
.) The design builder has the following responsibilities to the owner.
a) The "esign/$uilder shall hae total control of the 0ork and shall effectiely
direct and superise the 0ork so as to ensure conformity with the !ontract
"ocuments.
b) The "esign/$uilder shall keep the 1wner informed of the progress of the 0ork.
c) The "esign/$uilder is solely responsible for the 'uality of the 0ork and shall
undertake any 'uality control actiities specified in the !ontract "ocuments or, if
none are specified, as may be reasonably re'uired to ensure such 'uality.
2) The "esign $uilder must do the following to schedule the work.

a) Prepare and submit to the 1wner prior to the first application for payment, a
schedule of the 0ork that indicates the timing of the ma(or actiities of the 0ork
and proides sufficient detail of the critical eents and their interrelationship to
demonstrate the 0ork will be performed in conformity with the !ontract Time3
b) 4onitor the progress of the "esign #erices and !onstruction relatie to the
schedule of the 0ork and update the schedule on a monthly basis or as stipulated
by the !ontract "ocuments.
c) Adise the 1wner in writing of any reisions re'uired to the schedule as the result
of e)tensions of the !ontract Time as proided in Part . of the 5eneral !onditions
6 changes in work.
7) The 1wner may, for reasonable cause, at any time before the "esign/$uilder has
signed the subcontract, ob(ect to the use of a proposed other consultant,
#ubcontractor, or #upplier and re'uire the "esign/$uilder to employ another
proposed other consultant or subcontract bidder.
8f the 1wner re'uires the "esign/$uilder to change a proposed other consultant,
#ubcontractor, or #upplier, the !ontract Price and !ontract Time shall be ad(usted by
the differences occasioned by such re'uired change.
9) The "esign $uilder shall keep one copy of current contract documents, submittals,
reports, and records of meetings at the place of work, in good order and aailable to
the owner.
1:) #hop drawings which re'uire approal of any authority haing (urisdiction shall be
submitted to such authority by the design builder.
8f the owner re'uests to reiew shop drawings, the design builder shall submit them
in orderly se'uence and sufficiently in adance so as to cause no delay in the work
or in the work of other contractors.
11) The contract price includes the contingency allowance, if any, stated in the contract
documents.
E)penditures under the contingency allowance shall be authori;ed and alued as
Proided in 5! ..1 6!<A=5E#, 5!..2 6!<A=5E 1,"E,, 5!..% 6 !<A=5E
"8,E!T8>E.
The contract price shall be ad(usted by change order to proide for any difference
between the e)penditures authori;ed under paragraph &.2.2. and the contingency
allowance.
12) The "esign/$uilder shall submit to the 1wner, at least 1& days before the first
application for payment, a schedule of alues for the parts of the 0ork, aggregating
the total amount of the !ontract Price, so as to facilitate ealuation of applications
for payment.
The schedule of alues shall be made in such a form and supported by eidence as
accepted by the owner and shall be used as the applications for payment.
Applications for payment shall be dated the last day of the agreed monthly payment
period. The amount claimed shall be for the alue, proportionate to the amount of the
!ontract, of 0ork performed and Products deliered to the Place of the 0ork at that
date.
The design builder shall include a statement based on the schedule of alues with
each application for payment and a certificate for payment issued by the consultant
to the design builder.

1%) 0hen the "esign/$uilder considers that the 0ork is substantially performed, the
"esign/$uilder shall prepare and submit to the 1wner a comprehensie list of items
to be completed or corrected and apply for a reiew by the 1wner. ?ailure to
include an item on the list does not alter the responsibility of the "esign/$uilder to
complete the !ontract.
The "esign/$uilder@s list and application for #ubstantial Performance of the 0ork
shall include a statement from the !onsultant representing to the "esign/$uilder the
alidity of the list and the date of #ubstantial Performance of the 0ork or
designated portion of the 0ork. 0here re'uired by the applicable lien legislation,
the !onsultant shall issue a certificate of #ubstantial Performance of the 0ork.
After the certificate of substantial performance of work the design builder and the
owner will establish a reasonable date for finishing the work.
1&) 8n 1ntario !ommon Aaw the holdback amount authori;ed by the certificate for
payment of the holdback amount is due and payable on the day following the
e)piration of the holdback period stipulated in the lien legislation applicable to the
Place of the 0ork. 0here lien legislation does not e)ist or apply, the holdback
amount shall be due and payable in accordance with other legislation, industry
practice, or proisions which may be agreed to between the parties. The 1wner
may retain out of the holdback amount any sums re'uired by law to satisfy any
liens against the 0ork or, if permitted by the lien legislation applicable to the Place
of the 0ork, other third party monetary claims against the "esign/$uilder which
are enforceable against the 1wner.
1*) 0hen the design builder considers the work completed , the "esign $uilder shall
submit an application for final payment.
1.) The owner without inalidating the contract may make changes in the work
consisting of additions, deletions, or other reisions to the work by change order or
change directie.
1..1 The "esign $uilder shall not perform a change in the work without a change
order or change directie.
0hen a change in the 0ork is proposed or re'uired, the 1wner or the "esign/
$uilder shall proide a notice in writing describing the proposed change in the
0ork to the other party. The responding party shall present, in a form
acceptable to the other party, an amendment to the 1wner@s #tatement of
,e'uirements, if any, and a method of ad(ustment or an amount of ad(ustment
for the !ontract Price, if any, and the ad(ustment in the !ontract Time, if
any,for the proposed change in the 0ork.
1..2 A change directie is a written instruction signed by the owner directing a
change in the work within the general scope of the contract documents.
1..% The "esign $uilder shall keep and present, in such a form as the owner may
re'uire, an itemi;ed accounting of the cost of e)penditures and saings
together with supporting data.

12) The design builder is responsible for the bonds and insurance.
17) The warranty period with regard to the contract is one year from the date of
substantial performance of the work or such other periods specified in the contract
documents for certain portions of the work or products.