Risk Assessment Problem: The Disraeli Freeway (Winnipeg, MB)

The Disraeli freeway is to be replaced using a Design-Build-Finance-Operate-Maintain contract method. The City has defined the high level roles and responsibilities it will assume during each phase of the project, as well as the roles and responsibilities the private sector will assume.

Based on these roles and responsibilities, who assumes the risk for each of the following items?

Design and Construction Phase / The City / Private Sector
Design deviation from concept approval
Design error
Patent infringement
Weather
Water/soil/air pollution – known pre-existing
Water/soil/air pollution – unknown pre-existing
Water/soil/air pollution – arising from work
Land acquisition
Permits and regulatory authorizations
Delays by agencies, regulators, etc. other than the City
Delays by the City
Construction cost overruns
Sub-contractor bankruptcy
Changes in design/construction standards during construction period
Labour disputes
Defective materials
Quality assurance and quality control
Operation and Maintenance Phase / The City / Private Sector
Weather (e.g. heavier snowfall than expected)
Labour disputes
Actual maintenance costs higher than anticipated (e.g. due to increased traffic)
Increased usage of authorized overweight vehicles
Increased legal weight limits on bridge
Traffic accidents due to the performance of the contractor
Meeting hand-back standards (i.e. bridge must be in a certain condition at end of contract)
Meeting performance standards
Labour and material availability
Change in law (that may affect operation/maintenance)
Force majeure
Financing / The City / Private Sector
Changes in inflation - construction cost portion of payment
Changes in inflation - maintenance portion of payment