CANADIAN STANDARD CONSTRUCTION …

1 PROJECT: CANADIAN CONSTRUCTION ASSOCIATIONC opyright 1988 CANADIAN STANDARDCONSTRUCTIONMANAGEMENT CONTRACT FORMBETWEENOWNER ANDCONSTRUCTION MANAGERA pply CCA 5 copyright seal here. The application ofthe seal demonstrates the intention of the partyproposing the use of this document that it be anaccurate and unamended form of CCA 5 - 1988except to the extent that any alterations, additionsor modifications are set forth in supplementaryconditions. CCA Document No. 5 1988 CONTENTSA rticles of AgreementServices and ResponsibilitiesConstruction management TeamConstruction Manager as AgentScope of the ProjectContract FeeReimbursible ExpensesOwn Forces WorkPaymentRights and RemediesReceipt of and Addresses for NoticesLaw of the ContractLanguage of the ContractPrior Negotiations, Representations or AgreementsSuccessionsDiscounts, Rebates and RefundsAppendix A Reimbursible ExpensesDefinitionsGeneral ConditionsDocumentsConstruction Manager s Services- Pre- CONSTRUCTION Phase- CONSTRUCTION Phase- Post-Constructio n Phase- Additional ServicesTrade ContractorsOwner s ResponsibilityDelaysOwner s Right to Perform Contractor to Terminate ContractSuspension.

2 Abandonment orTermination by Owner WithoutCauseConstruction Manager s Right toTerminate ContractChanges in the ProjectApplications for PaymentDisputesAssignmentPatent FeesWaiverIndemnifi cation by OwnerIndemnifi cation by ConstructionManagerInsuranceArticle CONSTRUCTION Association75 Albert Street, Suite 400 Ottawa, OntarioK1P 5E4 CCA 5 1988 This contract is protected by Copyright. Use of a CCA 5 document not containing a CCA 5 copyright seal constitutes an infringement of Copyright. Only sign thiscontract if the documen t cover page bears a CCA 5 copyrig ht sea l to demonstrate that it i s int ended by the partie s to be an accu rate and unamended ve rs ion ofCCA 5 1988 except to the extent that any alterations, additions or modificat ions are set forth in supplemen tary CONSTRUCTION Document - CCA 5 - 1988 CONSTRUCTION management CONTRACTAGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGERThis agreement made this day of i n the yearby and between hereinafter called the Owner andhereinafter call ed the CONSTRUCTION Manager witnesses.

3 That the parties agree as foll owsARTICLE A-1 SERVICES AND RESPONSIBILITIES(a)The CONSTRUCTION Manager agrees to provide the se rvice s set forth in GC2-CONSTRUCTIONMANAGER S SERVICES(b)The Owner shall be responsible for the develo pment of the design of the Project and has retainedhereinafter call ed the Consultant. The Cons ultant s services, duties and responsibilities shall beas described in the agreement bet ween the Owner and the 5 1988 Thi s contract is protected by Copyright. Use of a CCA 5 document not co nta ining a CCA 5 copyright seal constitutes an infringement of Copyright . Only sign thiscontract if the documen t cover page bears a CCA 5 copyrig ht sea l to demonstrate that it i s int ended by the partie s to be an accu rate and unamended ve rs ion ofCCA 5 1988 except to the extent that any alterations, additions or modificat ions are set forth in supplemen tary A-2 THE CONSTRUCTION management TEAM(a)The CONSTRUCTION Manager, along wi th the Owner and the Consultant, shall form the Cons tructionManagement Team, which will work from the commencement of the Pre-C onstr uct ion Phasethrough to complet ion of the Post- CONSTRUCTION Phase for a period o f weeks / months (the Contract Time )

4 And shall strive to achieve Substantial Perfo rmance of t heProject by the day of in the year .(b)The CONSTRUCTION Manager shall provide leadersh ip to the CONSTRUCTION management Team on allmatters relat ing to A-3 THE CONSTRUCTION MANAGER AS AGENT (a)The CONSTRUCTION Manager represents that he is knowl edgeable and experienced in the manage-ment of the type of construct ion required for the Project. The CONSTRUCTION Manager acknowledg esthat he is being retained by the Owner bec ause of his knowl edge and expertise in that regard.(b) The Owner appoint s the CONSTRUCTION Manager his agent to act in his name in accordance wi th theterms of this agreement and for the purp ose of the management of the CONSTRUCTION of the Proje ctdescribed in ARTICLE A-4 SCOPE OF THE 5 1988 Thi s contract is protected by Copyright.

5 Use of a CCA 5 document not co nta ining a CCA 5 copyright seal constitutes an infringement of Copyright . Only sign thiscontract if the documen t cover page bears a CCA 5 copyrig ht sea l to demonstrate that it i s int ended by the partie s to be an accu rate and unamended ve rs ion ofCCA 5 1988 except to the extent that any alterations, additions or modificat ions are set forth in supplemen tary A-4 SCOPE OF THE PROJECTThis Contract p rovides for services in connection wi th the foll owing described Project:CCA 5 1988 This contract is prot ected by Copyr ight. Use of a CCA 5 document not containing a CCA 5 copyright seal constitutes an infringement of Copyright. Only sign thisco ntract if t he document cover page bears a CCA 5 copyright seal to demonstrat e that it is intended by the parties to be an accurate an d unamended versi on ofCCA 5 1988 except to the extent that any alterations, additions or modifica tions are set forth in supplementary co A-5 CONTRACT FEE(a) The Owner agrees to pay the CONSTRUCTION Manager as compensation for his services a ContractFee of dollars($ ) in CANADIAN funds earned as follows.

6 (1) For services performed during the Pre- CONSTRUCTION Phase, a fee of dollars ($ ) payable at the rate of dollars ($ ) per month;(2) For services performed during the CONSTRUCTION Phase, a fe e of dollars ($ );(3) For services performed during the Post- CONSTRUCTION Phase, a fe e of dollars ($ ) payable at the rate of dollars ($ ) per of the Contract Fee shall be made in accordance with the provisions of ARTICLE A-8 PAYMENT and GC 10-APPLICATIONS FOR PAYMENT.

7 (b )The Contract Fee shall be subject to adjustment as may be required in accordance with th e pro-visions of the Contract DocumentsARTICLE A-6 REIMBURSIBLE EXPENSESIn addition to the Contract Fee stipulated in ARTICLE A-5 CONTRACT FEE of this agreement , theOwner agrees to pay the CONSTRUCTION Manager fo r the Reimbursible Expenses he incurs as definedby APPENDIX A to this agreement i n accordance with ARTICLE A-8 PAYMENT and GC 10-APPLICATIONS FOR PAYMENTARTICLE A-7 OWN FORCES WORKThe CONSTRUCTION Manager may, subject to the Owner s approval, perform work with his ownforces. Such work shall be performed in accordance with the terms of thi s Owner shall pay to th e CONSTRUCTION Manager the cost of such work plus a feebeing per cent of that cost in addition to all other amounts payablepursuant to this Agre ement.

8 For the purposes of this provision, cost of th e work shall include and belimited to those items set forth in APPENDIX A -REIMBURSIBLE EXPENSES to this A-8 PAYMENT(a)The Owner agrees to make monthly payments to the CONSTRUCTION Manager in CANADIAN funds onaccount of Reimbursible Expenses incurred to date, th e applicable portion of the Contract Feeearned as described in ARTICLE A-5 CONTRACT FEE of this agreement , any work performeddirectly by the CONSTRUCTION Manager pursuant to ARTICLE A-7 OWN FORCES WORK and forAdditional Services in accordance with GC 5 1988 This contract i s protected by Copyright. Use of a CCA 5 document not containing a CCA 5 copyright seal constitutes an inf ringement of Copyrig ht. Only sign thiscontr act if t he document cover page bears a CCA 5 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended versi on ofCCA 5 1988 except to the extent that any alteration s, addition s or mod ifications are set forth in supplementary (b) If the Owner fails to make payments to the Contractor as they become dueunder the terms of this Contract, or in an award by arbitration or court, interest at per cent ( %)

9 Above the prime rate per annumas of the date payment became due on such unpaid amounts shall also become due and payableuntil payment. Such interest shall be calculated and added to any unpaid amounts rate, for the purposes of this agreement , means the lowest rate of interest quoted by TheRoyal Bank of Canada from time to time in the City of tothe most credit-worthy borrowers for prime business A-9 RIGHTS AND REMEDIES(a) The duties and obligations imposed by the Contract Documents and the rights and remediesavailable thereunder shall be in addition to and not a substitution for any duties, obligations, rightsand remedies otherwise available by law.(b) No action or failure to act by the Owner or CONSTRUCTION Manager shall constitute a waiver of anyright or duty afforded either of them under the Contract, nor shall any such action or failure to actconstitute an approval of or acquiescence in any breach thereunder, except as may be specificallyagreed in A-10 RECEIPT OF AND ADDRESSES FOR NOTICESC ommunications in writing between the parties shall be considered to have been received by theaddressee on the date of delivery if delivered by hand to the individual or to a member of the firm or toan officer of the corporation for whom they are intended or if sent by post or by telegram, to havebeen delivered within five (5)

10 Days of the date of mailing, dispatch or delivery to the telegraphcompany when addressed as follows:The Owner atThe CONSTRUCTION Manager atARTICLE A-11 LAW OF THE CONTRACTThe law of the Place of the Project shall govern the interpretation of the A-12 LANGUAGE OF THE CONTRACTWhen the Contract Documents are prepared in both the English and French languages, it is agreedthat in the event of any apparent discrepancy between the English and French versions, the *language shall agreement is drawn in English at the request of all parties hereto;ce marche est redige en anglais Ia demande de toutes les parties.* Complete this statement if the Contract Documents have been prepared and