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HomeMy WebLinkAbout11 072 Waste Management Material Recovery Centre (Harold Sutherland Construction Ltd.) Tender Acceptance THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT tI't 44 03,117 YOf p BYLAW NO. 2011 - 072 BEING A BY -LAW TO ACCEPT A TENDER FOR THE CONSTRUCTION OF THE KINCARDINE WASTE MANAGEMENT MATERIAL RECOVERY CENTRE (Harold Sutherland Construction) AND WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c. • 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public and authorizes lower -tier municipalities to pass by -laws respecting public utilities; AND WHEREAS pursuant to the said Municipal Act, Sections 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it necessary to complete construction of the Material Recovery Centre, which is Phase I of the Kincardine Waste Management Project; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine • deems it expedient to accept a tender from Harold Sutherland Construction Ltd. in the amount $756,641.74, excluding applicable taxes, for the construction of a Material Recovery Area and associated work at the Municipality of Kincardine Waste Centre; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine accept a tender from Harold Sutherland Construction Ltd., in the amount $756,641.74 for the construction of a Material Recovery Area and associated work at the Municipality of Kincardine Waste Centre. 2. That 2011 pre- budget approval be given by Council. 3. That the Mayor and Chief Administrative Officer be authorized and directed to sign an execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, any contracts and other documents required to • authorize such work to commence. 4. This by -law shall come into full force and effect upon its final passage. Page 2 Waste Management Material Recovery Centre (Harold Sutherland Construction Ltd.) Tender Acceptance By -law By -law No. 2011 - 072 • 5. This by -law may be cited as the "Waste Management Material Recovery Centre (Harold Sutherland Construction Ltd.) Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 4 day of May, 2011. Ekr ayor Clerk READ a THIRD TIME and FINALLY PASSED this 4 day of May, 2011. �yor Clerk • • • I. CRA I I I CONTRACT DOCUMENTS MATERIAL RECOVERY AREA THE MUNICIPALITY OF KINCARDINE WASTE MANAGEMENT CENTRE MUNICIPALITY OF KINCARDINE KINCARDINE, ONTARIO I Contract No. 2011 -01 May 10, 2011 I I I ORA CONTRACT DOCUMENTS MATERIAL RECOVERY AREA THE MUNICIPALITY OF KINCARDINE WASTE MANAGEMENT CENTRE MUNICIPALITY OF KINCARDINE I KINCARDINE, ONTARIO Contract No. 2011 -01 May 10, 2011 I I I Prepared by: • ' MAY 2011 • Conestoga- Rovers REF. NO. 004074 (58) & Associates This report printed on recycled paper. 651 Colby Drive Waterloo, Ontario Canada N2V 1C2 Office: 519.884.0510 Fax: 519.884.0525 Worldwide Engineering. Environmental, Construction, and IT Services I I TABLE OF CONTENTS Page I AGREEMENT 1 ARTICLE 1 THE UNDERTAKING 2 ARTICLE 2 CONTRACT DOCUMENTS 2 ARTICLE 3 CONTRACT PRICE 3 ARTICLE 4 CONTRACT TIMES 3 I ARTICLE 5 EXAMINATION AND INSPECTION 4 ARTICLE 6 ALTERATIONS AND OMISSIONS 8 ARTICLE 7 PROGRESS PAYMENTS 9 I ARTICLE 8 WITHHOLDING PAYMENTS 11 ARTICLE 9 WORK TO BE FREE FROM ALL ENCUMBRANCES 11 ARTICLE 10 SUBSTANTIAL PERFORMANCE 12 I ARTICLE 11 FINAL INSPECTION AND PAYMENT 14 ARTICLE 12 TAXES 16 ARTICLE 13 FORCE MAJEURE AND NO DAMAGES FOR DELAY 17 ARTICLE 14 RIGHT TO SUSPEND WORK 19 I ARTICLE 15 TERMINATION 20 ARTICLE 16 WARRANTY AND GUARANTEE 22 ARTICLE 17 SUCCESSORS AND ASSIGNS 23 1 ARTICLE 18 PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS 23 ARTICLE 19 INDEMNIFICATION 24 ARTICLE 20 MISCELLANEOUS 24 EXHIBITS I EXHIBIT A STATUATORY DECLARATION (PROGRESS CLAIMS) EXHIBIT B FINAL RELEASE OF ALL CLAIMS EXHIBIT C STATUATORY DECLARATION (HOLDBACK) I EXHIBIT D CONTRACTOR'S AFFIDAVIT OF ALL TAXES PAID EXHIBIT E APPLICATION FOR PAYMENT EXHIBIT F PERFORMANCE BOND I EXHIBIT G PAYMENT BOND EXHIBIT H KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE I GENERAL CONDITIONS Gc.01 DEFINITIONS AND TERMINOLOGY 1 I Gc.02 CONTRACT DOCUMENTS 9 Gc.03 SUBCONTRACTORS AND SUPPLIERS 10 Gc.04 THE ENGINEER 12 Gc.05 DISPUTES AND CLAIMS 14 Gc.06 NOTICE OR OTHER COMMUNICATION 15 Gc.07 TO BE FURNISHED BY CONTRACTOR 15 I Gc.08 PROSECUTION OF THE WORKS 18 Gc.09 ENGINEERING AND INSPECTION CHARGES 20 Gc.10 EMERGENCIES 20 Gc.11 USE OF SITE 21 11 Gc.12 SUBSURFACE AND PHYSICAL CONDITIONS 22 0D4074 (58) TABLE OF CONTENTS Page Gc.13 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS 23 Gc14 UNDERGROUND OR SUBMERGED FACILITIES 24 Gc.15 SAFETY AND PROTECTION 26 Gc.16 LAWS AND REGULATIONS 28 Gc.17 PERMITS 29 Gc.18 RESTORATION 29 Gc19 TESTS AND INSPECTIONS 30 Gc.20 SUBSTITUTES AND OR- EQUALS 36 Gc.21 RECORD DOCUMENTS 39 Gc.22 OWNERSHIP OF PLANT AND EQUIPMENT, AND MATERIALS 39 Gc.23 SHOP DRAWINGS AND SAMPLES 39 Gc.24 DETAILS AND INSTRUCTIONS 41 Gc.25 WEATHER 42 Gc.26 OWNERSHIP AND REUSE OF DOCUMENTS 42 Gc.27 WORK BY OWNER OR BY OTHER CONTRACTORS 43 Gc.28 LOSS OR DAMAGE 44 Gc.29 RECORD RETENTION, REVIEW, AND INSPECTION 45 Gc.30 CONFIDENTIALITY 46 Gc.31 HAZARD COMMUNICATION PROGRAM 46 Gc.32 UNIT PRICE WORK 47 Gc.33 ALTERATIONS, ADDITIONS, AND OMISSIONS 48 Gc.34 EXTRA WORK 50 Gc.35 FORCE ACCOUNT WORK 51 Gc.36 CASH ALLOWANCES 59 SPECIAL CONDITIONS Sc.01 INSURANCE 1 Sc.02 FAILURE TO COMPLETE WORK ON TIME 6 Sc.03 PAYMENT PROCEDURES 7 Sc.04 ADDRESSES FOR GIVING NOTICE 8 Sc.05 RECORD RETENTION PERIOD 9 Sc.06 PERFORMANCE AND PAYMENT BONDS 10 Sc.07 PERMITS 11 PROTECT SPECIFICATIONS SECTION 01000 - GENERAL REQUIREMENTS 1.1 SECTION INCLUDES 1 1.2 SUMMARY 1 1.3 PRICE AND PAYMENT PROCEDURES 4 1.4 ADMINISTRATIVE REQUIREMENTS 7 1.5 QUALITY REQUIREMENTS 12 1.6 TEMPORARY UTILITIES 14 1.7 TEMPORARY FACILITIES 14 1.8 VEHICULAR ACCESS 15 1.9 TEMPORARY BARRIERS AND ENCLOSURES 15 1101074 (5$) TABLE OF CONTENTS Page 1.10 TEMPORARY CONTROLS 16 1.13 EXECUTION REQUIREMENTS 19 1.12 HEALTH AND SAFETY 22 1.13 MEASUREMENT AND PAYMENT 26 SECTION 02074 - GEOTEXTILE PART 1 GENERAL 1 PART 2 PRODUCTS 3 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 5 SECTION 02200 - SITE PREPARATION PART1 GENERAL 1 PART 2 PRODUCTS (NOT USED) 1 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 3 SECTION 02300 - EARTHWORK PART 1 GENERAL 1 PART2 PRODUCTS 3 PART 3 EXECUTION 4 PART 4 MEASUREMENT AND PAYMENT 11 SECTION 02373 - RIPRAP AND ROCK LINING PART 1 GENERAL 1 PART 2 PRODUCTS 2 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 3 SECTION 02540 - WASTEWATER COLLECTION, SEPTIC SYSTEM, AND WATER SUPPLY WELL PART 1 GENERAL 1 PART 2 PRODUCTS 4 PART 3 EXECUTION 5 PART 4 MEASUREMENT AND PAYMENT 8 SECTION 02610 - PIPE CULVERTS, SUBDRAIN AND POND OUTLETS PART 1 GENERAL 1 PART 2 PRODUCTS 2 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 4 004074 (58) a TABLE OF CONTENTS Page SECTION 02632 - MANHOLES, FRAMES, AND COVERS I PART 1 GENERAL 1 PART 2 PRODUCTS 2 0 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 4 SECTION 02740 - FLEXIBLE PAVEMENT PART 1 GENERAL 1 PART 2 PRODUC. lb 2 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 4 Ill SECTION 02821 - CHAIN LINK FENCES AND GATES PART 1 GENERAL 1 PART 2 PRODUC.15 2 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 4 I SECTION 02831 - SEGMENTAL BLOCK RETAINING WALLS PART 1 GENERAL 1 +1 PART 2 PRODUL 3 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 5 I SECTION 02841 - GUARDRAIL PART 1 GENERAL 1 1 PART 2 PRODULIS 2 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 3 SECTION 02921 - HYDROSEEDING ii PART 1 GENERAL 1 PART 2 PRODUCTS 4 PART 3 EXECUTION 5 PART 4 MEASUREMENT AND PAYMENT 8 SECTION 03300 - CAST -IN -PLACE CONCRETE PART 1 GENERAL 1 PART 2 PRODUCTS 3 PART 3 EXECUTION 5 PART 4 MEASUREMENT AND PAYMENT 9 i 004074 (SA) _ II I I I TABLE OF CONTENTS Pee I SECTION 13000 - WEIGH SCALE I PART 1 GENERAL 1 PART 2 PRODUCTS 5 PART 3 EXECUTION 6 PART 4 MEASUREMENT AND PAYMENT g I SECTION 13121 - PRE - ENGINEERED BUILDINGS I PART I GENERAL 1 PART 2 PRODUCTS 4 PART 3 EXECUTION 5 I PART 4 MEASUREMENT AND PAYMENT 7 SECTION 13430 - CONTROL PANELS I PART I GENERAL 1 PART 2 PRODUCIS 3 PART 3 EXECUTION 3 I PART 4 MEASUREMENT AND PAYMENT 5 SECTION 16010 - GENERAL ELECTRICAL REQUIREMENTS I PART I GENERAL 1 PART 2 PRODUC.IS 4 PART3 EXECUTION 7 PART 4 MEASUREMENT AND PAYMENT 12 SECTION 16131 - CONDUIT I PART 1 GENERAL 1 PART 2 PRODUCTS 2 1 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 4 SECTION 16210 - ELECTRICAL UTILITY SERVICES PART 1 GENERAL 1 PART 2 PRODUCTS 3 I PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 3 I SECTION 16442 - PANELBOARDS PART 1 GENERAL 1 II PART 2 PRODUCTS 3 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 4 I I 004074 (58) I TABLE OF CONTENTS I Page SECTION 16720 - TELEPHONE AND INTERCOMMUNICATION EQUIPMENT ■ PART 1 GENERAL 1 PART 2 PRODUCTS 2 PART 3 EXECUTION 2 PART 4 MEASUREMENT AND PAYMENT 2 SECTION 16857 - HEAT TRACING PART1 GENERAL 1 PART 2 PRODUCTS 2 PART 3 EXECUTION 3 PART 4 MEASUREMENT AND PAYMENT 4 SCHEDULES SCHEDULE OF INFORMATION 1 LIST OF SUPPLIERS 3 SCHEDULE OF PRICES SUMMARY SHEET 4 SCHEDULE OF ADDITIONAL UNIT PRICES 13 SCHEDULE OF EQUIPMENT RENTAL RATES 15 I I I p p N 0 p a 004074 (58) AGREEMENT THIS AGREEMENT, entered into this 10th day of May 2011 for MATERIAL RECOVERY AREA THE MUNICIPALITY OF KINCARDINE WASTE MANAGEMENT CENTRE KINCARDINE, ONTARIO by and between - THE MUNICIPALITY OF KINCARDINE hereinafter referred to as "OWNER ", and HAROLD SUTHERLAND CONSTRUCTION a Limited Corporation hereinafter called "CONTRACTOR" NOW THEREFORE, OWNER and CONTRACTOR, for the consideration hereinafter named, agree as follows: I I I I 00.4O74(58) A-1 ARTICLE 1 THE UNDERTAKING 1.1 Work To Be Done A. CONTRACTOR shall: I 1. furnish all supervision, labor, services, materials, equipment, �. transportation, Plant and Equipment, temporary facilities, and incidentals of every kind necessary, and perform and complete in the most substantial, timely, and workmanlike manner, the Works specified or indicated in the Contract Documents entitled "Material Recovery Area, The Municipality of Kincardine Waste Management Centre, Kincardine, Ontario"; and 2. do and fulfill everything required by and in complete accordance with the Contract (the Contract Documents) as defined herein. ARTICLE 2 CONTRACT DOCUMENTS 2.1 Documents Forming the Contract A. The Contract and the Contract Documents shall be one and the same. The Contract Documents establish the rights and obligations of the parties and shall be deemed to include: the executed Agreement; the executed Performance and Payment Bonds; the General Conditions; the Special Conditions; Project Specifications, the Drawings listed in the Project Specifications; the Schedule of Information, the Schedule of Prices, the Schedule of Additional Unit Prices approved by ENGINEER, and the Schedule of Equipment Rental Rates approved by ENGINEER; any Addenda; all provisions required by Laws and Regulations to be inserted in the Contract whether actually inserted or not; all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the date of Notice of Award; and all appendices, attachments, and exhibits to any of the foregoing. • 2.2 Reporting and Resolving Discrepancies A. CONTRACTOR shall be fully responsible for thoroughly reviewing the Contract Documents. B. Should conflict appear between the various Contract Documents, priority shall be given in order of appearance as specified in the General Conditions. C. If, during the performance of the Works, CONTRACTOR discovers any conflict, discrepancy, ambiguity, error, or omission within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Works, or of any standard, specification, manual, or code, or of any instruction of any Supplier, CONTRACTOR shall notify ENGINEER thereof in writing within 24 hours after discovery, for resolution by ENGINEER. CONTRACTOR shall I 004074 (58) A -2 I I not proceed with the Works affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 6.1 or ENGINEER determines that no such conflict exists. Any work affected by such conflict, discrepancy, ambiguity, error, or omission which is performed prior to ENGINEER's decision shall be at CONTRACTOR's risk and expense and at no additional i cost to OWNER. ` D. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the. Contract Documents shall take precedence in resolving any conflict, discrepancy, ambiguity, error, or omission between the provisions of the Contract Documents and: (i) the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or (ii) the provisions of any Laws or Regulations applicable to the performance of the Works (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). ARTICLE 3 CONTRACT PRICE 3.1 Contract Price ' A. In consideration of the payments to be made by OWNER to CONTRACTOR as hereinafter mentioned, CONTRACTOR shall perform and complete the Works in accordance with the provisions of the Contract Documents. B. In consideration of the performance and completion of the Works in accordance with the provisions of the Contract Documents, OWNER shall pay the Contract Price to CONTRACTOR at the time and in the manner prescribed in the Contract Documents. C. The Contract Price shall consist of: 1. the unit prices and lump sums named in the attached Schedule of Prices having a total (based on quantities entered in the Schedule of Prices in the case of unit price items) of seven hundred and fifty six thousand six hundred and forty one dollars and seventy four cents ($756,641.74); and • 2. plus or minus any adjustments made in accordance with the Contract. ARTICLE 4 CONTRACT TIMES 4.1 Notice to Proceed A. CONTRACTOR shall begin the Works on the day indicated in the Notice to Proceed and shall prosecute the Works so that the Works is substantially performed, and completed and ready for final payment within the number of days, or alternatively, on or before the dates set forth in Section 01000. The aoam° tss A -3 I issuance of the Notice to Proceed by ENGINEER on behalf of OWNER will fix the date on which the Contract Times will commence to run. ARTICLE 5 EXAMINATION AND INSPECTION 5.1 Documents and Site Conditions A. CONTRACTOR represents and warrants to OWNER that before making its bid it carefully examined the bid documents, including Addenda, and it carefully examined, inspected, and investigated the Site, as well as its surrounding territory, and is fully informed regarding all of the risks, contingencies, and other circumstances and conditions affecting or influencing the work to be done and labor and materials to be furnished for ' the completion of the Contract, including, without limiting the generality of the foregoing, Laws and Regulations, the nature and location of the Works, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water`, electric power, roads, uncertainties of weather, physical conditions at the Site, the location and condition of facilities and structures (including utilities and the like), whether above or below the ground or underwater, the conformation and conditions of the ground, the character of equipment and facilities needed prior to and during the prosecution of the Works, and all other matters which can in any way affect the progress, I performance, or furnishing of the Works, or the cost thereof under the Contract. B. CONTRACTOR assumes the risk of all surface, subsurface, or any other conditions at the Site, whether known or unknown, which may affect its performance under the Contract, and shall not attempt to seek a change in the Contract Price or the Contract Times (or Milestones) or to excuse any inadequacy, failure, or lack of performance of its obligations under the Contract on grounds of such conditions regardless of any inaccuracy or incompleteness of information which CONTRACTOR has acquired from OWNER or any other source. CONTRACTOR acknowledges that such information from OWNER or any other source is not intended as a representation or warranty with respect to conditions to be encountered at the Site and is only provided for informational purposes. 5.2 Subsurface and Physical Conditions A. Reliance on Technical Data 1. Reports and drawings identify: I 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site I 004074 (58) 111 I I (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. I 2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is I identified in the Special Conditions. Except for such reliance on such "technical data ", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER, or any of ENGINEER's consultants with I respect to: 1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including, but not limited to, any I aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident other data, interpretations, opinions, and informa tion conta or ned I • 2. in such reports or shown or indicated in such drawings; or 1 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, I opinions, or information. 5.3 Differing Subsurface or Physical Conditions I A. Notice 1. If CONTRACTOR believes that any subsurface or physical condition at I or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on I which CONTRACTOR is entitled to rely as provided in Paragraph 5.2 A is materially inaccurate; or . 2. is of such a nature as to require a change in the ENGINEER's I design; or 3. differs substantially and materially from that shown or indicated I on the Drawings; or 4. is of an unusual nature and differs substantially and materially I from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; III then CONTRACTOR shall, promptly after becoming aware thereof (and not later than 48 hours) and before further disturbing the • subsurface or physical conditions or performing any Works in I connection therewith notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such condition I 004074 (50) A -5 or perform any Works in connection therewith (except as aforesaid) until receipt of written order to do so. 2. In emergencies that affect the health, protection, or safety of any persons or the safety or protection of any property, natural resources, or the environment, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall notify OWNER and ENGINEER immediately, and shall give ENGINEER and OWNER written notice (i) of such emergency within 24 hours of discovery of same, and (ii) of any significant changes in the Works or deviations from the Contract Documents caused thereby within 5 days after completion of work relating to the emergency. B. ENGINEER's Review 1. After receipt of written notice as required by Paragraph 5.3 A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. Except as provided otherwise in Paragraphs 5.1 B, the Contract Price or the Contract Times (or Milestones), or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, performance of the Works; subject, however, to the following: 1. such condition must meet one or more of the categories described in Paragraph 5.3 A; and 2. with respect to Works that is paid for on a unit price basis, any adjustment in the Contract Price will be subject to the following provisions: 1. Revisions to Quantities 1. Where the Contract Documents provide that all or part of the Works is to be unit price work, initially the Contract Price will be deemed to include for all unit price work an amount equal to the sum of the • unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Schedule of Prices. The estimated quantifies of items of unit price work are approximate and are not guaranteed, and are solely for the purpose of comparison of bids and determining an initial Contract Price. • Determinations of the actual quantities and classifications of unit price work performed by 004074 ( A -6 1 CONTRACTOR will be made by ENGINEER subject E t the provisions of General Conditions Section Gc.32 - Unit Price Work. 1 2. Each unit price will be deemed to include an amount considered by CON I RACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item in the Schedule of Prices. t 3. , Revisions to the Drawings or Specifications or I further Drawings or Specifications may, from time to time, be issued by ENGINEER during the progress of the Works, as deemed necessary by ENGINEER. On unit price work, any quantities stated on the Drawings or in the Schedule of Prices are intended as estimates only and may be increased or decreased as found necessary by ENGINEER. 1 4. On unit price work, if: (i) the quantity of any item of unit price work performed by CONTRACTOR that is not shown to have a tiered pricing structure varies by more than plus or minus 15 percent from the estimated quantity of such item detailed in the Schedule of Prices, and provided such item is a "Major Item" as defined in Paragraph 3.1 E; (ii) there is no corresponding adjustment with respect to any other item of the Works; and (iii) CONTRACTOR believes that CONTRACTOR is entitled to an increase in the Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decease in the Contract Price, then, such item of work shall be re- estimated so that CONTRACTOR and OWNER can mutually agree on a revised unit price applicable to the item of work. If mutual agreement cannot be reached between OWNER and CONTRACTOR on work to be performed, CONTRACTOR shall upon the written request of ENGINEER perform the work on a Force Account Basis. 5. A "Major Item" is defined as any individually bid item that has an actual value, equal to or greater than 5 percent of the Contract Price as bid. The actual value is calculated on the basis of its actual or estimated bid quantity, whichever is larger. 2. Determinations for Payment Purposes 1. ENGINEER will determine the actual quantifies and classifications of unit price work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary I % ( A -7 1 determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or the Contract Times (or Milestones) if: • 1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of the Contract Price and the Contract Times (or Milestones) by the submission of a bid or becoming bound under a negotiated contract; or 2. the existence of such condition could have been discovered or 'revealed as a result of examination, inspection, and investigation of the Site and contiguous areas required by the bid requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 3. CONTRACTOR failed to give the written notice within the time and as required by Paragraph 5.3 A.1. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or the Contract Times (or Milestones), or both, as provided in Paragraph 5.3 C.1, a claim may be made therefore, as provided in the General Conditions Section Gc.05 - Disputes and Claims. ARTICLE 6 ALTERATIONS AND OMISSIONS 6.1 Amending and Supplementing Contract Documents I A. OWNER reserves the right, at any time during the progress of the Works, to alter the Drawings, add to the Works, or omit any portion of the Works as OWNER may deem reasonably necessary; and to make allowances for additions and deductions in the Contract Price in accordance with the Contract. B. The Contract Documents maybe amended to provide for additions, deletions, and revisions in the Works or to modify the terms and conditions thereof in one or more of the following ways: (i) Written Amendment; (ii) Change Order; or (iii) a Work Change Directive. C. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Works may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a p 004074 (se) A -S I Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. ARTICLE 7 PROGRESS PAYMENTS ' 7.1 Applications for Payments A. Applications for Payment shall be based on the Schedule of Prices attached hereto and made a part hereof. The Schedule of Prices shall be incorporated into an Application for Payment in the form prescribed by the Contract Documents (Exhibit E). The Schedule of Prices shall be the full inclusive cost ' of the Works described including all costs, expenses, profit, overhead, and taxes (as provided in Article 12) which may be required in and for the performance of the Works described, together with all general risks, liabilities, and obligations set forth or implied in the Contract Documents. ' The Schedule of Prices is to be used as a basis of payment only and shall not be used as a description of the full extent of the Works to be completed under the Contract. Any work required to properly complete the Works, but not specifically listed as a separate pay item, must be provided for and the cost of such work will be deemed included in the appropriate items listed in the Schedule of Prices. If requested by ENGINEER, CONTRACTOR shall submit a price breakdown for any lump sum items contained in such Schedule of Prices. No progress payment shall be made to CONTRACTOR until an acceptable Application for Payment is submitted to ENGINEER. ' . B. Within 10 days following the first day of each month, CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Works completed during the preceding month and accompanied by Statutory Declarations as set forth in Article 9 and such other supporting documentation as is required by the Contract Documents. C. As the work progresses in accordance with the Contract and in a manner that is satisfactory to OWNER, OWNER will make progress payments on account of the Contract Price to CONTRACTOR in the manner set forth in the Special Conditions, against Applications for Payment recommended by ENGINEER of CONTRACTOR's performance of portions of the Works to the satisfaction of ENGINEER. OWNER shall have no responsibility to pay or reimburse CONTRACTOR with respect to any matters stated in the Contract to be at the cost or expense of CONTRACTOR or to be at no extra or additional cost or expense to OWNER. OWNER shall have no obligation to pay CONTRACTOR for work which is not satisfactory to OWNER or is not done in accordance with the Contract. D. Payment in the case of unit price work will be based on actual quantities of completed work, determined by ENGINEER, at the prices entered in the Schedule of Prices, except that in no event shall CONTRACTOR be paid for the quantity of unit price work which is in excess of the approximate quantities set forth in the Schedule of Prices without the express advance written approval of ENGINEER prior to any such work being initiated by CONTRACTOR. Payment in the case of lump sum work will be based on the I 004074 (58 ) A-9 I percentage of work completed, as determined by ENGINEER, times the I lump sum price entered in the Schedule of Prices. E. OWNER will retain a percentage of all progress payments due to I CONTRACTOR under the Contract. 7.2 Review of Applications I A. ENGINEER will, within 10 days after receipt of each Application for Payment, either recommend payment to OWNER, or return the Application for Payment for necessary corrections. B. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, the Works has not progressed to the point indicated or is not completed in accordance with the Contract Documents. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss. 7.3 Progress Payment Becomes Due A. Thirty days (30) after ENGINEER's recommendation, the amount recommended for progress payment will (subject to the provisions of Article 8) become due, and when due will be paid by OWNER to CONTRACTOR. B. Progress payments, however, shall not constitute acceptance of CONTRACTOR's work by OWNER, nor be construed as a waiver of any right or claim by OWNER. 7.4 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Works, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 7.5 Payment to Subcontractors and Suppliers A. CONTRACTOR shall pay each Subcontractor and Supplier the full amount paid by OWNER for its proportionate share of work, not later than 5 days after receipt of payment from QWNER. B. CONTRACTOR agrees that all funds requested in its Applications for Payment for the benefit of Subcontractors, Suppliers, and laborers as evidenced by CONTRACTOR's sworn statement shall be paid from the funds received from OWNER for each Application far Payment. OWNER reserves the right to furnish to any Subcontractor or Supplier evidence of the amounts certified on their respective account for payment to CONTRACTOR. I 004074 (58) A -10 I I ARTICLE 8 WITHHOLDING PAYMENTS 8.1 OWNER's Right to Withhold or Reduce Payment A. Notwithstanding anything to the contrary herein contained, OWNER shall have the right, without any duty, to withhold or reduce any payments due or to become due CONTRACTOR, by reason of (i) any indebtedness owed by CONTRACTOR to OWNER; (ii) any defective work not remedied or any defective materials npt removed and replaced; (iii) any third -party claims filed or reasonable evidence indicating probable filing of any such claims; (iv) any Liens in favor of any workers, Subcontractors, Suppliers, or laborers; (v) a claimed failure of CONTRACTOR to make any payments to its Subcontractors, Suppliers, or laborers; (vi) any failure of CONTRACTOR to comply with the Contract Documents; and /or (vii) any set -off to which OWNER may be legally entitled. I ARTICLE 9 WORK TO BE FREE FROM ALL ENCUMBRANCES 9.1 Releases; Statutory Declarations; Sworn Statements A. Before making progress payments or final payment or releasing any holdback, OWNER will require CONTRACTOR to furnish evidence that all work performed and materials supplied and all structures built for which payment is being made are free and clear from all lawful Liens under any Laws or Regulations, including, without limiting the generality of the foregoing, legal provisions relating to Liens in favor of workers, builders, architects, Subcontractors, or Suppliers, and such other evidence as may be necessary to satisfy OWNER that CONTRACTOR has fulfilled CONTRACTOR's obligations under the Contract. B. CONTRACTOR's Applications for Payment shall be accompanied by CONTRACTOR's Statutory Declaration (Exhibit A) indicating that all accounts for labor, subcontracts, products, construction machinery and equipment, and other indebtedness which may have been incurred by CONTRACTOR in the performance of the Works and for which OWNER might in any way be held responsible have been paid in full except holdback monies properly retained. In addition each Application for Payment shall be accompanied by satisfactory evidence of compliance with workers' compensation legislation including premiums due thereunder. C. CONTRACTOR's final Application for Payment shall be accompanied by CONTRACTOR's Statutory Declaration (Exhibit C) and satisfactory evidence of compliance with workers' compensation legislation including premiums due there under, CONTRACTOR's Final Release of All Claims (Exhibit B), • and Final Release of All Claims (Exhibit B) from all Subcontractors and Suppliers who have not previously submitted a Final Release of All Claims. I 1 • 004074 ( A -11 D. For release of holdback CONTRACTOR shall furnish: 1. Statutory Declaration (Exhibit C); and 2. Final Release of All Claims (Exhibit B) applicable to the services completed or materials furnished up to the date of CONTRACTOR 's application for release of holdback, signed by each Subcontractor and Supplier who has a right to file a Lien against the premises. E. Releases of all claims arising out of or which may arise out of or filed in connection with the Works, and Statutory Declarations shall be complete and legally effective. Sample copies of the required Statutory Declarations and release of claim forms are provided by OWNER. Such suggested forms are intended to cover only OWNER's minimum requirements under the Contract. CONTRACTOR shall be responsible for supplementing these forms and supplying to OWNER any other information, forms, and documents which may be required by applicable laws of the Province where the work is being performed. F. CONTRACTOR shall immediately notify OWNER in the event CONTRACTOR obtains information that a Lien has been or may be asserted against the Site or in relation to the Works. CONTRACTOR shall immediately pay, satisfy, and discharge any and all obligations and liabilities (including settlement costs, court costs, and reasonable attorneys' fees) arising from or related to any such Liens. CONTRACTOR shall be liable to pay to OWNER all moneys that the latter may pay in vacating or discharging a Lien, including without limitation all amounts paid by way of security for costs or otherwise, and all legal fees on a solicitor - client basis. ARTICLE 10 SUBSTANTIAL PERFORMANCE N 10.1 Inspection for Substantial Performance A. When CONTRACTOR considers the entire Works ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Works is substantially performed (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Performance. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Works to determine the status of completion. If ENGINEER does not consider the Works substantially performed, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Works substantially performed, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Performance which shall fix the date of Substantial Performance. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have 7 days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Works is not substantially performed, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify p 004074 (5S) A -12 I I CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Works substantially performed, ENGINEER will within said 14 days execute and I deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Performance (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as I ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Performance, ENGINEER will deliver to OWNER and CON TRACTOR a written recommendation as to division of responsibilities pending final I payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Works, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and I CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Performance, ENGINEER's aforesaid recommendation will be binding on I OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after I the date of Substantial Performance, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. I 10.2 Partial Utilization A. Use by OWNER at OWNER's option of any substantially performed part of I the Works which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Works that can be used by OWNER for its intended purpose without significant interference with II OWNER performance of the remainder of the Works, may be accomplished prior to Substantial Performance of all the Works subject to the following conditions: I 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Works which OWNER believes to I be ready for its intended use and substantially performed. If CONTRACTOR agrees that such part of the Works is substantially performed, CONTRACTOR shall certify to OWNER and ENGINEER II that such part of the Works is substantially performed and request ENGINEER to issue a certificate of Substantial Performance for that part of the Works. CONTRACTOR at any time may notify OWNER I and ENGINEER in writing that CONTRACTOR considers any such part of the Works ready for its intended use and substantially performed and request ENGINEER to issue a certificate of Substantial_ Performance for that part of the Works. Within a reasonable time after I either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Works to determine its status of completion. If ENGINEER does not consider that part of the Works to I be substantially performed, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER • considers that part of the Works to be substantially performed, the 004074 (58(. A -13 provisions of Paragraph 10.1 will apply with respect to certification of Substantial Performance of that part of the Works and the division of responsibility in respect thereof and access thereto; and 2. no occupancy or separate operation of part of the Works may occur prior to compliance with the requirements described in Paragraph 10.3 regarding property insurance. I 10.3 CONTRACTOR's Property Insurance A. Partial Utilization - Acknowledgment of Property Insurer 1. If OWNER finds it necessary to occupy or use a portion or portions of the Works prior to Substantial Performance of all the Works, such use I or occupancy may be accomplished in accordance with Paragraph 10.2; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The giving of such notice to property insurers shall be CONTRACTOR's responsibility. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any partial use or occupancy. ARTICLE 11 FINAL INSPECTION AND PAYMENT 11.1 Final Inspection 1 A. Upon written notice from CONTRACTOR that the entire Works or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Works is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Works or remedy such deficiencies. 11.2 Final Application for Payment ' A. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered all documentation in accordance with the Contract Documents, CONTRACTOR may make application for final payment following the procedure for progress payments. B. The final Application for Payment shall be accompanied (except as previously delivered) by: 1. all documentation called for in the Contract Documents, including, but not limited to, evidence of compliarce with workers' compensation legislation and evidence of continuation of insurance as described in '. Paragraph 11.2 B.1.1.1; p 004074 (58) A -14 I I I 1. Workers' Compensation Insurance 1. prior to commencing mobilization to the Site, Substantial I Performance of the Works, and submission of the final Application for Payment, CONTRACTOR shall provide evidence of compliance with workers' compensation I legislation at the Site, including payments due thereunder; 2. the policies of insurance required by this paragraph to be purchased and maintained by CONTRACTOR shall, as a minimum: 1. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain continuously in effect, unless specified otherwise, for at least 2 years after the date of final payment (and I CONTRACTOR shall furnish OWNER, ENGINEER, and each other additional insured identified in the Contract Documents to whom Certificates have been issued, I evidence satisfactory to OWNER of continuation of such insurance at the date of final payment and each year thereafter); I 2. a written statement from CONTRACTOR that CONTRACTOR has no further claims or demands for additional monies or extra work in connection with the I Contract; 3. CONTRACTOR's affidavit that all federal, provincial, and I local taxes applicable to the Works, including, but not limited to, sales, consumer, use, excise, and disposal taxes have been paid (Exhibit D); 1 4. releases and statutory declarations as set forth in Article 9; is 5. asset titles and inventories; and 6. any and all other documents reasonably required by ENGINEER OR OWNER. I C. In lieu of the releases specified in Paragraph 11.2 B and as approved by OWNER, CONTRACTOR may furnish receipts, and an affidavit of I CONTRACTOR that the receipts include all labor, services, equipment, and material for which a Lien could be filed, and all payrolls, material and equipment bills, and other indebtedness connected with the Works for which I OWNER (or the owner(s) of the premises where the Site is located if other than OWNER) or property at the Site might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier refuses to furnish a release or receipt in full, CONTRACTOR shall furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER and ENGINEER, and their respective representatives and agents against any Liens. y 4.. ten; . uoaoia (58) A -15 it 11.3 Review of Application and Acceptance A. If, on the basis of ENGINEER's observation of the Works during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Works has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within 10 days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Works is acceptable subject to the provisions of Paragraph 11.5. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case • CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 11.4 Final Payment Becomes Due A. Thirty days after presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended for final payment by ENGINEER will become due and, when due, will be paid by OWNER to CONTRACTOR. B. OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. 11.5 Waiver of Claims A. CONTRACTOR'S acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR against OWNER. ARTICLE 12 TAXES 12.1 Proof of Payment; Affidavit of Taxes Paid U A. The Contract Price shall include all taxes required by Laws and Regulations, including, but not limited to, sales, consumer, use, excise, disposal, or any other applicable taxes. If requested by OWNER, CONTRACTOR shall furnish proof of payment of such taxes. B. Prior to final payment, CONTRACTOR shall submit an affidavit (Exhibit D) that all such taxes have been paid. Said affidavit is a condition precedent to OWNER's obligation to pay. 12.2 Harmonized Sales Tax A. The total Contract Price shall include the Harmonized Sales Tax (HST). However, the individual prices, if any, set forth in the Schedule of Prices a 0041)74 ( A -16 p I SHALL NOT include the HST. The appropriate HST amounts will be paid to CON I RACTOR in addition to the amounts recommended for payment by ENGINEER for work performed under the Contract and will therefore not - affect individual prices. HST amounts shall be included as a separate item on the summary page of Applications for Payment and on the summary page of Schedule of Prices. ARTICLE 13 FORCE MAJEURE AND NO DAMAGES FOR DELAY 13.1 Force Majeure Event A. Any delays in or any failure of performance of either party hereto shall not ' constitute a default under the Contract, or give rise to any claim for damages, to the extent (i) such delays or failure of performance are not reasonably foreseeable, are caused by circumstances beyond the control of the party thereby affected, and constitute "force majeure" under Paragraph 13.1 B hereof (collectively "force majeure event "); and (ii) the affected party satisfies the notice and claim filing requirements, as applicable, of the Contract. B. For the purposes of the Contract, the term "force majeure" means an occurrence or non - occurrence arising from causes beyond the control of a party and which could not be avoided or overcome by due diligence. Force majeure does not include unanticipated or increased costs, changed financial circumstances, contract disputes, failure to obtain workers, materials, or supplies, unless directly caused by the outbreak of a war or a strike. 5 C. Time necessary for reviews by ENGINEER of Shop Drawings and Samples, and field changes to meet actual conditions, and delays incurred by seasonal and weather limitations shall be anticipated, and are not a force majeure event, and are not eligible for additional compensation or extensions of time. • Delays attributable to and within the control of a Subcontractor or Supplier I shall be deemed to be delays within the control of CONTRACTOR, and also are not a force majeure event, and are not eligible for additional compensation or extensions of time. D. CONTRACTOR expressly understands that one of the material terms of the Contract, for which it has received substantial consideration, is to shift to CONTRACTOR, except as stated otherwise herein, any and all risks U CONTRACTOR may suffer as a result of delays, including, but not limited to, a force majeure event, during the term of the Contract. Except as stated otherwise herein, in no event shall any delay, except a force majeure event, result in a change to the Contract Times (or Milestones), and no delay shall result in a change to the Contract Price or any claim by CONTRACTOR for additional compensation, and OWNER shall not be held responsible for any S loss or damage suffered by CONTRACTOR by reason of any such delay. E. CONTRACTOR shall include in the Contract Price the cost of doing the work under the Contract caused by the non - compensatory delays described above. F. CONTRACTOR shall use all means available, including overtime at CONTRACTOR's expense and at no additional cost to OWNER, to complete omm4 (set A -17 • S the Works in accordance with the Contract Times (or Milestones), time being I of the essence. 13.2 Notice and Claim Filing Requirements A. In the event a condition arises which wholly or in part prevents or will prevent either party hereto from performing hereunder, the affected party shall inform the other in writing within 24 hours of the time at which the affected party first has reason to believe the condition has occurred or may occur and stating the general nature of the claim. Provided the notice described in this Paragraph 13.2 A is given and the other notice and claim filing requirements, as applicable, of the Contract are met, the obligation affected by a force majeure event shall be extended by Change Order or Written Amendment for a time equal to the delay caused solely by the intervention of such force majeure event. B. For a force majeure claim CONTRACTOR shall notify ENGINEER and OWNER orally within 48 hours from the start of any delay in the Works to explain the cause and the expected duration of the delay. Within 5 working days after first becoming aware of a possible delay, CONTRACTOR shall file with ENGINEER and OWNER written notice of any claim for an extension to the Contract Times (or Milestones) due to a force majeure event. Such notice shall contain an explanation of the cause(s) of any actual or potential delay, the anticipated duration of any delay, the measures taken and to be taken to prevent or minimize the delay, and the timetable for implementation of such measures. CONTRACTOR shall file with ENGINEER and OWNER any claim for an extension to the Contract Times (or Milestones) due to a force majeure event, along with all required supporting data, in writing within 10 days from the time when such alleged force majeure event shall have ceased. If CONTRACTOR fails to meet any of the notification or claim filing requirements set forth herein, CONTRACTOR shall be deemed to have waived any right to an extension to the Contract Times (or Milestones). CONTRACTOR has the burden to prove the events that caused the delay, that such events constitute a force majeure event, that CONTRACTOR satisfied the notification and claim filing requirements of the Contract, and that CONTRACTOR is entitled to an extension to the Contract Times (or Milestones) due to a force majeure event. A claim by CONTRACTOR for an extension to the Contract Times (or Milestones) must set forth in detail the source and the nature of each alleged force majeure event, the date upon which each such force majeure event began and ended, and the obligation under the Contract which is delayed due to each such force majeure event. CONTRACTOR shall, in any event, be entitled to an extension of the Contract Times (or Milestones) for a force majeure event only for the number of days of delay which OWNER determines to be due solely to such force I majeure event, and only for the obligation under the Contract affected by such force majeure event as determined by OWNER. CONTRACTOR shall not be entitled to receive a separate extension of time for each one of several force majeure events operating concurrently, but, if at all, only for the actual period of delay in completion of the Works as determined by OWNER irrespective of the number of force majeure events contributing to produce such delay. If one of several causes of delay operating concurrently arises from any act or omission of CONTRACTOR or any Representative, and p 004074 (58) A -18 p I would of itself (irrespective of the concurrent causes) have delayed the Works, no extension of time will be allowed for the period of delay arising from such act or omission, regardless of the existence of a concurrent force majeure event. An extension of one Milestone for any part of the Works based upon a particular force majeure event shall not entitle CONTRACTOR to an extension of a subsequent Milestone or the final dates of completion in the Contract Times without CONTRACTOR meeting its burden of proof for each incremental step or requirement for which a time extension is sought. 13.3 Delay by OWNER A. If CONTRACTOR's performance under the Contract is materially delayed due solely to the negligence, reckless or willful misconduct, or breach of the Contract on the part of OWNER or those for whom OWNER is responsible, then, provided that CONTRACTOR fully meets all notice and claim filing requirements set forth in General Conditions Section Gc.05 - Disputes and Claims, CONTRACTOR as its sole remedy shall be entitled to: (i) an extension to the Contract Times (or Milestones) by Change Order or Written Amendment equal to the duration of such material delay, and (ii) an increase ' in the Contract Price by Change Order or Written Amendment so as to properly compensate CONTRACTOR for any increased cost reasonably and actually incurred as a direct result of such material delay. ARTICLE 14 RIGHT TO SUSPEND WORK 14.1 OWNER May Suspend A. Notwithstanding any provision in the Contract Documents to the contrary, at any time and without any cause whatsoever, OWNER may suspend the execution of the Works by CONTRACTOR or any portion thereof for the period of time that OWNER determines appropriate for the convenience of OWNER by notice in writing to CONTRACTOR and ENGINEER. B. CONTRACTOR, as its sole remedy and full compensation for such suspension, shall be entitled to an extension to the Contract Times (or Milestones) or an adjustment in the Contract Price, or both, to the extent directly attributable to any such suspension provided that no adjustment shall be made for any claim under Paragraph 14.1 B unless CONTRACTOR files notice of such claim in writing with ENGINEER and OWNER within 10 days after the suspension of the Works or any portion thereof and fully meets the other notice and claim filing requirements set forth in the General Conditions Section Gc.05 - Disputes and Claims. I I I 004074 (58) A -19 ARTICLE 15 TERMINATION 15.1 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's failure to perform the Works in accordance with the Contract Documents, including, but not limited to, refusal or failure to timely supply sufficient skilled workers, suitable materials or equipment, or Plant and Equipment, or failure to adhere to the progress schedule established under or failure to make prompt payments to Subcontractors or Suppliers; 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority or instructions of ENGINEER; 4. CONTRACTOR's violation in any material way of any provisions of the Contract Documents. B. In addition to OWNER's rights as set forth in Article 14 and without prejudice to any other right or remedy to which OWNER might be entitled, OWNER may immediately terminate the services of CONTRACTOR upon written notice to CONTRACTOR (and the surety, if any) if one or more of the events identified in Paragraph 15.1 A occur which goes unremedied by CONTRACTOR for 7 days after CONTRACTOR has received written notice thereof from OWNER, or in the event it comes to the attention of OWNER • that CONTRACTOR has made a material misrepresentation to OWNER as an inducement for OWNER to enter into or continue the Contract. C. Unless OWNER agrees otherwise, the Contract shall be automatically terminated upon CONTRACTOR becoming insolvent or subject to receivership, bankruptcy, or other insolvency proceedings, whether or not under Court supervision. D. Should OWNER terminate CONTRACTOR's services, as provided in Paragraph 15.1 B, OWNER may exclude CONTRACTOR from the Site, and take possession of the whole of the Works and of all temporary works, and of all Plant and Equipment at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Works all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and OWNER may finish the Works by whatever method OWNER may deem expedient, including but not limited to, by contract negotiated or publicly let, by the use of its own forces, by calling upon CONTRACTOR's surety to complete the Works, or by a combination of any such methods. In any such case, CONTRACTOR shall not be entitled to receive any further payment until the Works is finished. OWNER shall only be responsible to CONTRACTOR for work performed I 004074 (58) A -20 I 1 prior to the effective date of termination under this Paragraph 15.1, in accordance with the Contract Documents, subject to any set -off to which OWNER may be legally entitled. If the unpaid balance of the Contract Price I exceeds all claims, costs, expenses, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) I sustained by OWNER arising out of or relating to completing the Works, such excess shall, subject to Article 8, be paid to CONTRACTOR. If such claims, costs, expenses, losses, and damages exceed such unpaid balance, I CONTRACTOR shall pay the difference to OWNER within 30 days of OWNER's written demand for payment. Such claims, costs, expenses, losses, • and damages incurred by OWNER due to CONTRACTOR's default will be j incorporated in a Change Order or Written Amendment, provided that when I exercising any rights or remedies under this Paragraph 15.1 D OWNER shall not be required to obtain the lowest price for the Works performed. I E. If, in the case of CONTRACTOR's failure or refusal to supply additional workers, Plant and Equipment, or supervisory personnel, it is in the interest of OWNER to do so, OWNER may without prejudice to any other right or I remedy, continue CONTRACTOR's services on some of the Works and take possession of other parts of the Works and some or all of the temporary works, premises, Plant and Equipment, and materials and equipment at the I Site for such other parts of the Works and finish such other parts of the Works by whatever method OWNER may deem expedient. If CONTRACTOR's services are not terminated, CONTRACTOR shall not be entitled to receive any further payment on account of the parts of the Works I of which OWNER has taken possession until the whole of the Works is finished. I F. Where CONTRACTOR'S services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention I or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. G. In no event shall CONTRACTOR be paid by OWNER for loss of anticipated profits or revenue or other economic loss arising out of or resulting from termination for cause. 5 15.2 OWNER May Terminate for Convenience A. Notwithstanding any other provision in the Contract Documents to the II contrary and without prejudice to any other right or remedy of OWNER, OWNER may, at any time, terminate the Contract, or any work to be performed hereunder, in whole or in part, for convenience and without any • cause whatsoever upon 10 days advance written notice to CONTRACTOR ( "Notice "). The Notice shall specify the extent of termination and the effective date. In such event, the Contract shall terminate on the date and in the manner set forth in such Notice and, unless the Notice provides II otherwise, CONTRACTOR shall be obligated to perform the following duties on the effective date of termination: f A -21 -: 1. cease operations as specified in the Notice; 2. terminate all subcontracts (if any) and orders (if any) to the extent they relate to termination; 3, continue any work not terminated; and 4. take any other actions as directed by ENGINEER. B. In the event of termination under this Paragraph 15.2, CONTRACTOR shall, subject to Article 8, be entitled to receive, as its sole remedy, payment (without duplication of any items) for: (i) completed and acceptable Works executed in accordance with the Contract Documents prior to the effective date of such termination; (ii) expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Works, plus fair and reasonable sums for overhead and profit on such expenses; (iii) reasonable expenses incurred in settlement of terminated'contracts with Subcontractors, Suppliers, or others; (iv) reasonable expenses directly attributable to termination; and (v) any retainage then held by OWNER, less any amounts owed by CONTRACTOR to OWNER. C. In the event that OWNER terminates the Contract in a manner which is subsequently determined to be wrongful or unjustified, such termination shall be deemed a termination for convenience of OWNER under this Paragraph 15.2. 1 ARTICLE 16 WARRANTY AND GUARANTEE • 16.1 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR expressly warrants and guarantees to OWNER and ' ENGINEER that all materials and equipment furnished shall be new unless otherwise specified, and that all Works under the Contract shall be in conformance with the Contract Documents and will not be defective. CONTRACTOR shall promptly make good, without cost to OWNER, any and all Works that is defective. B. CONTRACTOR's obligation to perform and complete the Works in ' accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of the Works that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Works in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 1 004074 (58) A -22 1 J 4 3. the issuance of a certificate of Substantial Performance by ENGINEER a or any payment related thereto by OWNER; 4. use or occupancy of the Works or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; i 7. any inspection, test, or approval by others; or 8. any correction of defective Works by OWNER. ARTICLE 17 SUCCESSORS AND ASSIGNS 17.1 No Assignment A. CONTRACTOR shall not assign or otherwise transfer or alienate any of its benefits or obligations under the Contract without the advance written approval of OWNER, and any purported assignment, transfer, or alienation by CONTRACTOR of such benefits or obligations without such approval shall be null and void. B. The Contract shall inure to the benefit of and be binding upon, the parties and their respective successors and assigns. ARTICLE 18 PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS 18.1 Patent Fees and Royalties; Indemnification 1 . A. CONTRACTOR shall secure all rights and pay all license fees and royalties and assume all costs incident to the use in the performance of the Works or the incorporation in the Works of any invention, design, process, product, or I . device which is the subject of patent rights, copyrights, or other intellectual property rights held by others. B. CONTRACTOR shall defend, indemnify, and hold harmless OWNER, ENGINEER, and the present and future officers, shareholders, directors, officials, employees, representatives, agents, partners; affiliates, parents, and 1 subsidiaries of each and any of them from and against any and all liabilities, damages, penalties, fines, forfeitures, demands, claims, causes of actions, suits, judgments, losses, costs, and expenses of every kind (including, but not I limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs), whether foreseeable or unforeseeable, which any or all of them may hereafter suffer, incur, be responsible for, or pay out, as a result of any violation or an alleged violation of any patent rights, trade secrets, copyrights, or other intellectual property rights resulting, in whole or in part, from any act or - omission by CONTRACTOR or any Representative. nw17/4 (58) A -23 C. The provisions of this Article 18 shall survive final payment, completion, and acceptance of the Works, or termination or completion of the Contract. I ARTICLE 19 INDEMNIFICATION 19.1 CONTRACTOR's Indemnification I A. CONTRACTOR shall assume entire responsibility and liability, to the fullest extent permitted by Laws and Regulations, for all damages or injury to all persons (including, but not limited to, sickness, disease, or death), whether employees or otherwise, and to all property including, without limiting the generality of the foregoing, loss of use, or contamination of or adverse effects on the environment or any natural resources, arising out of, resulting from, or in any manner connected with, the execution of the Works provided for in the Contract or occurring or resulting from the use by CONTRACTOR, or any Subcontractor, Supplier, or Representative, of materials, equipment, instrumentalities, or other property, whether the same be owned by OWNER, CONTRACTOR, or third parties, and CONTRACTOR, to the fullest extent permitted by Laws and Regulations, agrees to indemnify and save harmless OWNER, ENGINEER, and the present and future officers, shareholders, directors, officials, employees, representatives, agents, partners, affiliates, parents, and subsidiaries of each and any of them from and against all such claims including, without limiting the generality of the foregoing, claims for which OWNER or ENGINEER may be or may be claimed to be liable and legal fees and disbursements paid or incurred to enforce the provisions of this Paragraph 19.1, and CONTRACTOR further agrees to obtain, maintain, and pay for such insurance coverage and endorsements as will insure the provisions of this Paragraph 19.1. B. The indemnification obligations under this Article 19 shall not be limited in any way by the amount or type of damages, compensation, or benefits payable under worker's compensation acts, disability benefit acts, other employment benefit acts, or the amount of insurance carried or recovered. C. The provisions of this Article 19 shall survive final payment, completion, and acceptance of the Works, or termination or completion of the Contract. ARTICLE 20 MISCELLANEOUS 20.1 Governing Law and Venue A. The formation, validity, performance, and breach of the Contract and any matter relating thereto, and all claims, disputes, or actions whatsoever of any nature between the parties, shall be construed, enforced, and determined in accordance with the laws of the Province of Ontario. • 004074 (58) A -24 I 1 20.2 Complete Agreement • A. The Contract contains the entire agreement of the parties, and cancels and supersedes all prior negotiations and agreements of the parties, with respect to its subject matter. There has been no promise or representation made by . either party to induce the other party to enter into the Contract which is not set forth in the Contract. The fact that a deletion from or addition to the Contract has been made during its negotiation shall not be used for any purpose, including without limitation for the purpose of interpreting the Contract. No principle providing for the construction or interpretation of an �! agreement adverse to its drafter shall apply to the Contract. The Contract shall not be set aside, modified, amended, or augmented, in whole or in part, except in writing signed by a duly authorized representative of each party. i 20.3 Severability A. Every paragraph, part, term, or provision of the Contract is severable from the others. If any paragraph, part, term, or provision of the Contract is construed or held to be void, invalid, or unenforceable by order, decree, or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms, and provisions of the Contract shall not be affected thereby but shall remain in full force and effect. I 20.4 Survival of Obligations • A. All representations, releases, waivers, indemnifications, warranties, guarantees, and similar agreements made in, required by, or given in accordance with the Contract Documents, as well as all obligations of the Contract Documents which are expressly or implicitly continuing obligations, shall survive final payment, completion, and acceptance of the Works, or I termination or completion of the Contract. i 20.5 Cumulative and Non - Exclusive Rights and Remedies A. The individual rights and remedies of OWNER under the Contract Documents shall be cumulative and in addition to, not in lieu of, any other rights and remedies of OWNER provided at law or in equity. 20.6 Waiver A. A waiver of any provision of the Contract Documents shall be binding and effective only if the same shall be in writing signed by both parties hereto. A waiver of any breach of the Contract Documents shall be for that one time only and shall not apply to any subsequent breach, unless otherwise agreed to in writing by both parties hereto. OWNER's acceptance of a late or otherwise non - conforming performance by CONTRACTOR shall not be deemed a waiver of OWNER'S right to hold CONTRACTOR liable for any damage resulting therefrom nor OWNER's right to terminate the Contract for cause related to the same. The failure of either party to insist in one or more instances upon the terms of the Contract, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term 004074 (58) A -25 1 or the future exercise of such right, and the obligation of each party with I respect to such future performances shall continue in full force and effect. 20.7 Specific Performance I A. Failure of CONTRACTOR to comply strictly with the provisions of the Contract, as amended by all Written Amendments and Change Orders, shall entitle OWNER to all rights and remedies for breach of contract, and OWNER shall be entitled, at its sole discretion and option, to obtain specific performance by CONTRACTOR solely upon a showing of any breach of the Contract, as amended by all Written Amendments and Change Orders, and without (i) posting by OWNER of any bond or security therefore, or (ii) any other showing. 20.8 Independent Contractor A. CONTRACTOR shall be an independent contractor, maintaining control over its own employees and operations, and neither CONTRACTOR nor anyone employed by CONTRACTOR shall be deemed to be a servant, employee, or agent of OWNER. CONTRACTOR shall be fully responsible for and shall withhold or pay, or both, as may be required by Laws and Regulations, all federal, provincial, and local taxes and contributions with respect to, measured by, or based upon compensation paid to or earned by CONTRACTOR's employees. 1 1 I 1 1 1 1 1 I I 0041174 (58) A -26 I CONTRACTOR and OWNER hereby agree to the full performance of the covenants herein contained and IN WITNESS WHEREOF: • have signed this Agreement as of the day and year first written. This Agreement bears the formal date aforementioned and shall be for all purposes retroactive to such date even though signed and I acknowledged on the dates mentioned below, SIGNED IN THE PRESENCE OF: The Municipality of Kincardine Harold Sutherland Construction Ltd. OW ER Cie ' , BY 1 , y BY —J ���s�1►i, i t) A licit_ ature r�C (Authorized Signature) 1j � � S L . 4� r a G m c r� , i° Vt Yl i. c TV. JI` r\c u & . (Print lLlaktvk .v, co ( ( {� (Print Name) :- v r' y 1 � tdt(U C Ri, V 1! N, �+ 11 f rant Titl / (Print Title) , Orel. r �`N.� r t C r....4„ V-G This 10th day of May 2011 This 10th day of May 2011 atjht Mt arm c OG1t4\t D '•11((ircilnP at la 1 `►. (Location) l (Lo : 'on) WITNESS WITNESS L E [ d [ I 1.. 1 Note: If CONTRACTOR is a corporation or partnership, attach evidence of authority to sign. END OF AGREEMENT I I I 004074 (58) A -27 The Economical V Insurance Group® Head Office - Waterloo, Ontario PERFORMANCE BOND Bond Number: 1- 849322 Bond Amount: $756,641.74 Harold Sutherland Construction Ltd. as Principal, hereinafter called the Principal, and ECONOMICAL MUTUAL INSURANCE COMPANY a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada, as Surety, hereinafter called the Surety, are held and firmly bound unto The Corporation of the Municipality of Kincardine as Obligee, hereinafter called the Obligee, in the amount of SEVEN HUNDRED FIFTY SIX THOUSAND SIX HUNDRED FORTY ONE AND 74/100 ($756,641.74) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated May 11, 2011 for Contract No. 2011 -01 - Material Recovery Area, the Municipality of Kincardine Waste Management Centre, Municipality of Kincardine, Ontario hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: 1) remedy the default, on 2) complete the Contract in accordance with its terms and conditions, or; 3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under the paragraph) sufficient funds to pay to complete the Principal's obligation in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under the Contract less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, on 4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee's proposed cost of completion, less the balance of the Contract price. It is the condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have signed and sealed this Bond May 16, 2011. SIGNED, SEALED AND DELIVERED in the presence of Harold Sutherland Construction Ltd. , i Witness (if no seal affixed) / Principal • CONOMICAL MUTUAL INSURANCE COMPANY CCDC 221/2002 �- \` Per: ` ] �16�a Sue R Su J JJ e R rig Attorney-in-Fact 1030.DOC (02/2003) 1969 (3/09) e The Economical t Insurance Group® Head Office - Waterloo, Ontario LABOUR AND MATERIAL PAYMENT BOND (Trustee Form) Bond Number. 1- 849323 Bond Amount: $756,641.74 Harold Sutherland Construction Ltd. as Principal, hereinafter called the Principal, and ECONOMICAL MUTUAL INSURANCE COMPANY, a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety are held and firmly bound unto The Corporation of the Municipality of Kincardine as Obligee, hereinafter called the Obligee, in the amount of SEVEN HUNDRED FIFTY SIX THOUSAND SIX HUNDRED FORTY ONE AND 74/100 ($756,641.74) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated May 11, 2011 for Contract No. 2011 -01 - Material Recovery Area, the Municipality of Kincardine Waste Management Centre, Municipality of Kincardine, Ontario in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, by the prevailing rates in the equipment market place in which the work is taking place. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. It is a condition precedent to the liability of the Surety under this Bond that such claimant shall have given written notice as hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub - clauses 3 (b) and 3 (c) below, accordingly, no suit or action shall be commenced hereunder by any Claimant: 1040.DOC (02/2003) 1969(3/09) O p The Economical Insurance Group' (a) unless such notice shall be served by mailing the same by registered mail to tl ixeed' v�� it)iv �od`fSl;cario and the Obligee, at any place where an office is regularly maintained for the transact or ousmess by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given: (i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; (ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal; (b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; (c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothecs and privileges of Said Claimant. 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond. 7. The Surety shall not be liable for a greater sum than the Bond Amount. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond May 16, 2011. SIGNED, SEALED AND DELIVERED in the presence of: Harold Sutherland Construction Ltd. / Witness (if no seal affixed) Principa ECONO r AL MUT INSURANCE COMPANY Per: 0.4214 4.4 Sue Rosenburrney -in -Fact CCDC 222/2002 1040.DOC (02/2003) 1969 (3/09) C :51c j CIP.1 This certificate Is issued as a matter of information only and confers no rights upon the certificate holder and Imposes no liability on the Insurer. This certificate does not amend, extend or alter the -• • afforded • the • • iss below. 1 CERTIFICATE HOLDER• NAME AND MAMJNG ADDRESS. . INSURED'S FULL NAME AND MAILING ADDRESS Cotporatlon of the Munldpal*y of Kincardine Harold Sutherland Construction Ltd. 1475 Concession 5, RRI 5 323545 East Linton Rd W RING, Kemble, ON NDH 190 1e --' OF • 7 --- • - "T? • • ,: I . • _ .. • CIAL ITEMS 1._ • ye • .. _ • 10 ma • .,. • Municipality of Kincardine Waste Management Centre Contract 2011 -01 Kincardine ON I CCODTEAL N2Z 2x5 3 COVERAGES This Y to certify that the policies of insurance listed below have been Issued to the Insured named above for the policy period Indicated notwithstanding any requtement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all tans, exclusions and conditions of such policies. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLARIS Lairs OF LUBILRY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (CrnminHogan unless nested olheraNe) AND POLICY /MOM WW1 (NNW COVERAGE DEG AMOUNT OF INSURANCE COMMERCIAL GENERAL LIABILITY Lombard General Insurance 4/1/11 4/1/12 COMERCAL GENERAL WANT ❑ LAMB MADE ffi a Company 0l Canada L BODLr NARYNO PROPER1YTE $70,000 c8Cg524114 MBMTT• GENERA/AGGREGATE 55,000,000 NIODUCIGNDiORWetETED OPERATIONS EACH OCCURIMICE 57,000,000 ❑ BROYFRS uany PRODUCTS AND COMPLETED OPERATiON£ $1,000,000 0 CROSS DANDY AOOREGBE la n9was EWLUABatn PEPSONLLANDADYERTSNGW Si poo, 000 0 NONOM®Nn01ceta LIABILITY Ia IINEDAUTOICGRES MEDICAL PAYMENTS $25,000 ❑ PoLURION MCAT EXMOOR TENANTS LEGAL MRLRY $1,000 $250,000 MON OVIEDAUTOIrOBIE $0 $1,000,000 AUTOMOBILE LIABILITY BOOtY MUM' AND ❑ DEBCRNEDAVIOMONFS PROPERTY MMAGE ❑ ALL OWEDAMOS COMM ❑ LEASEDAVTOMOBBES " BOGLY NARY ❑ ouu PERSONA ❑ BOGLY HAIRY ALL LU N CUM OF (PERACOXIE» " NORM M MERE TIE MIN ®N hNGNhm PROPERTY DAMAGE TO PIKNIXI ONU I= EXCESS LIABILITY Lombard General Insurance 4/1/11 4/1/12 EACH OCCURRENCE $10,000 $14,000,000 ▪ UaNBSA FORM Company of Canada 13 max DWI 1eBRBUFONn CBC0624114 AGGREGATE 314,000,000 Woe OTHER LIABILITY (SPECIFY) 0 0 0 4. CANCELLATION Should any of the above described policies be cancelled before the expiation date thereof, the issuing company will endeavour to mail fifteen (15) days written notice to the certificate holder, but failure to main such notice shall impose no obligation or tiabaty of any kind upon the company, its agents or representatives. BROKER'S PULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS Carruthers Nicol Insurance Inc. Municipality of Kincardine (address above) & 985 2nd Ave E Conestoga -Raven & Associates Ltd. Owen Sound ON I P OS TA L N4K 2H5 651 Colby Drive BROKER'S CUBIT ID: HAROL -2 Waterloo ON l CDU N2Y 1C2 ]. 'CERTIFICATE AUTHORIZATON SIGNATURE OF AUTHORIZED PRINT NAME POSITION HELD DATE REPRESENTATIVE 0 . y- Sue Rosetturg Account Manager May 13, 2011 COMPANY EMALADDRESS CONTACT NUMBER NOME CELL Caruthers Nicol Insurance Inc. srosenburgOcnk.on.ca BUSINESS (519) 3765350 FAN (519) 376.1858 0810 - CERTIFICATE OF INSURANCE • 0806E 0 2006, Cent. for SWy of YrwrRe Opwuloa. AS rights reserved. eClearance Page 1 of 1 wsib.on.ca ~shim Sake nil Inns. Seed - Comae eClearance Clearance Certificate Search Results Contractor Legal / Contractor Contractor Classification Clearance Validity Principal Legal / Trade Principal Address Trade Name Address Unit and Description Certificate period (dd- Name Number mmm- YYYY) HAROLD 323545 EAST 3551 -000: READY -MIX E20000005A6H 31- Mar -2011 CORPORATION OF THE 1475 CONCESSION 5 SUTHERLAND LINTON RD RR 2, CONCRETE OPS to 19 -May- MUNICIPALITY OF RR 5, KINCARDINE, CONSTRUCTION LTD KEMBLE, ON, NOH 4122 -000: WATERWORKS AND 2011 KINCARDINE / KINCARDINE ON, N2Z 2X6, CAN 1S0, CAN SEWAGE SYSTEMS MUNICIPALITY 0821 -000: SAND AND GRAVEL PIT OPERATIONS 4121 -001: HIGHWAYS /STREETS /SMALL BRIDGES Back https: / /eservices. wsib .on.ca /portal /server.pt/community/eservices /eclearance/ 5/12/11 14.. y h s I tS HEALTH & SAFETY STANDARDS & PROCEDURES Revised: January 25, 2011 Name: • TABLE OF CONTENTS 1.1 Introduction 1.2 Policy Statement 1.3 Joint Health & Safety Committee 1.4 Networking 1.5 Goals of Health & Safety Orientation 1.6 Enforcement of Health & Safety Standards 1.7 New Worker Safety Orientation 1.8 Spring Orientation & Start-up 1.9 Roles & Responsibilities (Workers & Supervisors) 2.0 Contractors /Subcontractors 2.1 Personal Cell Phones Prohibited 2.2 Emergency Response 2.3 First Aid 2.4 Early & Safe Return to Work 2.5 Personal Protective Equipment 2.6 Mounting and Dismounting Equipment 2.7 Materials Handling 2.8 Workplace Hazardous Materials & Information System (WHMIS) 2.9 Housekeeping 3.0 Workplace inspections 3.1 Hazard Reporting 3.2 Accident Investigation 3.3 Traffic Control, Signing & Staging 3.4 Safe Driving /Circle Checks 3.5 Working in Proximity to Overhead Power lines or Conductors 3.6 Guide lines for excavations in the vicinity of utility lines 3.7 Confined Spaces 3.8 Lockout & Tag Equipment & Energy 3.9 Chainsaws 4.0 Forklift 4.1 Hoisting & Rigging 4.2 Fall Arrest 4.3 Propane Handling 4.4 Tailgate Removal & Installation 4.5 Workplace Violence and Harassment 4.6 Safety Awards 4.7 Safety Talks 1.1 INTRODUCTION • This health and safety manual covers policies and procedures of Harold Sutherland Construction Ltd.'s Health & Safety Program. It was developed in conjunction with management and the Joint Health & Safety Committee (JHSC). Management and the Joint Health & Safety Committee will ensure that appropriate training programs, safe work procedures and Health & Safety regulations and policies are developed and maintained as required. Members of your JHSC, your health and safety representatives and supervisors /managers are available as your health and safety resource. Joint Health & Safety Committee Members: Chairperson: Mark Shortt (Certified Rep.) Members: Daryl McCartney Mark Chester Martin Heathers Daryl Aljoe Jamie Smith Mark Cunningham Jack Wallace Gina McCormack Fred Van Zutphen Markus Wustefeld Rhonda Tilley 1.2 POLICY STATEMENT Management of Harold Sutherland Construction Ltd. is vitally interested in the health and safety of its employees. Protection of employees from injury or occupational disease is a major continuing objective. Harold Sutherland Construction Ltd. recognizes that every worker has the right to work in a safe & healthy work environment and will make every effort to provide this environment for all of our employees. All new employees will be given a health and safety orientation before entering the field. All supervisors and workers must be dedicated to the continuing objective of reducing risk of injury. All employees will receive safety training for their work position according to all OHS Regulations & Standards. Harold Sutherland Construction Ltd., as the employer, is ultimately responsible for worker health and safety. As President of Harold Sutherland Construction Ltd., I give you my personal promise that every reasonable precaution will be taken for the protection of workers. Supervisors will be held accountable for the health and safety of workers under their supervision. Supervisors are responsible for ensuring that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures. Every worker must protect his or her health and safety by working in compliance with the legislation and with safe work practices and procedures established by the company. It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, from the President to all of the employees. Sincerely, Harold Sutherland President 1.3 JOINT HEALTH & SAFETY COMMITTEE The Occupational Health & Safety Act provides for the establishment of a workplace JHSC. The JHSC will consist of a minimum of 4 members with not more than 50% represented by management. Members names will be posted at all work sites. Meetings will be held at the main office at least every 3 months. The Committee will verify that workplace inspections are carried out monthly and reviewed for recommendations to the employer for corrective action plans. The JHSC and safety representatives, in cooperation with Human Resources, shall contribute to the development of training programs, preventive measures and safe work practices within Harold Sutherland Construction Ltd. Each JHSC representative shall be responsible for identifying and reporting actual or potential health and safety hazards and promoting safety awareness through training programs. JHSC shall investigate and review all workplace accidents and incidents, while extending every effort to the resolution of concerns and making recommendations for the prevention of similar incidents. 1.4 NETWORKING Harold Sutherland Construction Ltd. will network with at least two outside companies for safety group purposes. In order to do so the company will use some of the following mechanisms: o Safety group meetings, e- mail /newsgroups, personal contacts /visits /phone calls, exchange policies /documents/ guidelines with another company, health and safety association events and training, among others. Any ideas and concepts exchanged may be implemented into Harold Sutherland Construction Ltd.'s Health & Safety program where they could enhance and improve the program. 1.5 GOALS OF THE HEALTH & SAFETY PROGRAM GOALS The goal of the Harold Sutherland Construction Ltd. Health & Safety Program is to: • Take preventative measures to eliminate or minimize risks to the health and safety of the workers • Promote the safety and well -being of the employees • Promote greater health and safety awareness • Respond effectively' to accidents /incidents, illness and injury • Comply with current health and safety legislation •: Provide complete & current safety training appropriate for each employee position As an employer, Harold Sutherland Construction Ltd. shall be ultimately responsible for the occupational health and safety of all employees and shall take every reasonable precaution to protect employees from workplace injury or illness. 1.6 ENFORCEMENT OF SAFETY STANDARDS Purpose The rules and regulations as outlined in this manual have been developed to help ensure the health and safety of all Harold Sutherland Construction Ltd. employees. Disciplinary actions for health and safety violations shall be administered by supervisors, management, human resources, and the health and safety co- coordinator. VERBAL WARNINGS I. The employee will be verbally informed that his /her behaviour requires improvement in order to meet the established standards. The employee shall be made aware of the specific actions that led up to the verbal warning and the effects /potential effects of that performance or behaviour on health and safety. The employee shall be given an opportunity to respond in the event that an honest mistake was made without intent. (Warning will be documented by supervisor or manager giving the warning, siting standard violated, date, time and location, then handed in to the HR department for their file.) 2. Second warning of the same offence, the employee will be verbally informed that his /her behaviour requires improvement in order to meet the established standards. The employee shall be made aware of the specific actions that led up to the verbal warning and the effects /potential effects of that performance or behaviour on health and safety. The employee shall be informed exactly what is the expected appropriate behaviour within a designated time frame following the meeting. The supervisor shall ensure that the employee understands that if the standards set during the meeting are not met, the disciplinary process will continue up to and including termination. (Warning will be documented by supervisor or manager giving the warning, siting standard violated, date, time and location, then handed in to the HR department for their file.) WRITTEN WARNING LETTER If after two verbal warnings the worker continues to violate the same safety standard, he /she will be given a written warning letter. A copy of the letter will be signed by the employee and returned to the office for his /her file and future direction. The letter will explain that the next step in the disciplinary process will be suspension and possible termination if the worker does not improve his /her attitude and performance towards health and safety. SUSPENSION AND POSSIBLE TERMINATION If after the written warning letter, the supervisor determines that there has been no satisfactory improvement, a suspension letter will be given to the employee explaining the seriousness of the situation and that he /she is being suspended without pay for two (2) days. If management feels the situation is beyond improving at this point, given the opportunities for corrective action to the problem, and a blatant disregard by the employee to follow the company health and safety standards, management can forego the suspension and proceed immediately to the process of termination. 1.7 NEW WORKER SAFETY ORIENTATION Ml new employees will have a safety orientation. This will be a requirement of the company safety policy. The purpose of the orientation is for new employees to become familiar with the value attached to occupational health and safety and a review of all company safety standards and procedures. A checklist sign -off sheet will be signed and dated by the employee to his /her satisfaction. The employee will be given a current copy of the company Health & Safety Standards & Procedures booklet. The orientation will also determine any training that the employee may require. Any personal protective equipment necessary for the employee's duties will be given to them at the orientation session. • 1.8 SPRING START -UP ORIENTATION Prior to spring start -up, all employees will be oriented to the company safety policy and health and safety standards and procedures. Company safety goals will be outlined, reviewing all company rules and policies. Roles and responsibilities for all workplace parties will be reviewed, clearly defining management positions, supervisory positions and tradespersons positions. Hazards consistent with work activities will be reviewed. 1.9 ROLES & RESPONSIBILITIES All Employees: 1. Work in compliance with the provisions of the Act and the Regulations and Policies contained herein. 2. Use or wear the Personal Protective Equipment, devices or clothing that his /her employer requires to be used or worn and maintain their equipment properly daily. 3. Report to their supervisor the absence of or defect in any equipment or protective device of which they may be aware of and which may endanger them or other workers. 4. Report to their supervisor any contravention of this Act, the Regulations or the existence of any hazard of which they are aware. No worker shall, in accordance with Section (2) of OHSA: 1. Remove or make ineffective any protective device required by the regulations or by his /her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately. 2. Use or operate any equipment, machine device or work in a manner that may endanger him /herself or any other worker. 3. Engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. Supervisors: The supervisor acts as the representative responsible for all aspects of a project including the safety of Harold Sutherland Construction Ltd.'s employees. The supervisor's responsibilities, in conjunction with the OHSA are as follows: 1. Establish the presence of any Designated Substance(s) prior to beginning a project and ensure that employees are aware of the necessary precautions. 2. Communicate to all workers any unique safety issues specific to that job. 3. Establish the appropriate level of Personal Protective Equipment (PPE). 4. Ensure that PPE is used properly. 5. Ensure that all Harold Sutherland Construction Ltd.'s employees are trained for the tasks to be performed. 6. Ensure the general public is protected. All supervisors will be trained according to CSAO Basics for Supervising course and are qualified as supervisors because of their knowledge, training and experience to organize the work and its performance. All supervisors will be familiar with the OHSA and regulations that apply to the work and have knowledge of any potential or actual danger to health or safety in the workplace. Supervisors are also responsible for performing monthly workplace inspections, conducting bi- weekly safety talks, conducting on -site training, correcting sub - standard acts or conditions and commending employee health and safety performance. All records concerning workplace inspections, safety talks, on -site training and recommendations must be forwarded to the office weekly. 2.0 CONTRAC'T'ORS /SUBCONTRACTORS All subcontractors and others on site must comply with the Act and Regulations, as well as Harold Sutherland Construction Ltd.'s Health & Safety Standards & Procedures and must sign -off that they will comply. All subcontractors must provide a current WSIB Clearance Certificate and proof of insurance prior to commencing work. All subcontractors will be evaluated'and records kept of their health and safety performance and any disciplinary actions taken. 2.1 PERSONAL CELL PHONE USE PROHIBITED Al! employees are prohibited from using personal cell phones during work hours unless you have written permission by your supervisor. Personal cell phones are for use during break periods or lunchtime. Cell phones distract workers and can be a hazard in the workplace. Supervisors or employees with company cell phones are not required or expected to use them when driving. Pull over and park your vehicle when using cell phones. 2.2 EMERGENCY RESPONSE PLAN The Emergency Response Plan is designed to help eliminate the human suffering and economic losses that can result from workplace emergencies. The Plan will be project/site specific, developed in conjunction with field personnel /JHSC and appropriate to the size and complexity of the project/site. The Plan will meet all minimum legislated requirements. All employees at each project/site will be trained in the specific Emergency Response Plan and written procedures will be posted at each site. All site supervisors will take charge in an emergency. They will take command and assign duties to specific personnel. The basic guidelines for any emergency are: 1. Secure the scene 2. Give first aid 3. Call an ambulance 4. Guide the ambulance 5. Get name of hospital 6. Advise management (the office, Mark Shortt) 7. Isolate the accident scene 8. Media management 2.3 FIRST AID A First Aid /CPR program has been developed and is implemented and maintained by the JHSC in conjunction with Human Resources based on requirements of First Aid Regulations (950), as legislated under the Workers Compensation Reform Act, 1997. The program is reviewed annually to ensure compliance. Each job site will be required to have a First Aid station with at least one certified designated First Aid Officer. Human Resources will work with the JHSC to ensure that adequate training is provided. Objectives: 1. The goals of the First Aid Program will be to: o Minimize the effects of personal injuries /illness o Comply with the law 2. An appropriate number of employees hold a current and recognized First Aid Certificate. A list of those certified will be posted throughout each job site First Aid station. 3. WSIB Form 82 (poster) will be posted throughout each location. 4. It will be the responsibility of each site manager to inspect the First Aid stations on a monthly basis and as required to ensure appropriate supplies are maintained. WHAT TO DO WHEN AN INJURY OCCURS In the event of a minor injury, the injured person should report to or notify his /her First Aid Officer or Supervisor to receive First Aid. In the event of a serious accident, the nearest person qualified with a certificate shall administer First Aid and take appropriate action. All injuries and accidents must be reported to the office immediately. 2.4 EARLY & SAFE RETURN TO WORK All accidents and injuries must be reported immediately to their supervisor. It is the policy of Harold Sutherland Construction Ltd. to provide accommodations for a worker that is temporarily disabled as a result of' an accident that arose in and out of the course of employment. Modified work is any job or combination of tasks that an employee, who suffers from an injury. may perform on a temporary basis without risk of re- injury to them or to others. Our objective is to return and rehabilitate the employee to his /her maximum level of ability enabling them to be capable of effectively and efficiently performing the assigned job tasks. Full wages for the day of the accident and the following day(s) will be paid as long as the employee is able to perform meaningful and productive work for either full or part of each regular workday. The employer is responsible for keeping the Workplace Safety and Insurance Board (WSIB) informed of the availability of modified work and of the worker's progress during the return to work and the rehabilitation process. The worker is responsible for fully co- operating with the return to work process and for ensuring that the employer is provided with such medical information and /or functional abilities information that will assist in a successful and safe return to work. An early and safe return to work program for any injured worker will be assessed on a case -by -case basis. 2.5 PERSONAL PROTECTIVE EQUIPMENT Purpose Harold Sutherland Construction Ltd. wants to ensure that our employees are properly outfitted with appropriate Personal Protective Equipment (PPE). Hard hats, safety vests, safety glasses, steel -toed boots, gloves, masks and other such items are designed to prevent or reduce the severity of an injury should an accident occur. Other PPE such as hearing and respiratory protection is designed to prevent illness and unwanted health effects. It is important to remember that protection does not eliminate the hazard but should reduce the risk. Under Section 23 and 24 of the Occupational Health & Safety Act, employers and the construction supervisors are responsible for ensuring that required PPE is worn. Harold Sutherland Construction Ltd.'s policy places the duty on supervisors to ensure that all employees are properly protected at all times. Workers have a duty under Sections 28 to wear or use the PPE required by the employer. This addresses situations where the regulations may not require PPE, but the employer has set additional safety standards. They must also report to their supervisor any protective equipment that may be dangerous or defective. In general, Harold Sutherland Construction Ltd. will supply equipment (e.g. hard hats, safety vests) necessary for each employee to do his /her work safely. COMMON FORMS OF PERSONAL PROTECTIVE EQUIPMENT • Eye protection should be used during work activities (e.g. hammering, drilling, cutting) that launch particles into the air exposing a worker to risk of eye injury. Eye protectors are designed to provide protection against three types of hazards — Impact, splash and radiation (visible and invisible light rays). See the parts department for eyewear. • Fall protection must be worn if a worker may fall (a) a distance of more than three metres; (b) into operating machinery; (c) into water or another liquid; (d) into or onto a hazardous substance or object. • Foot protection must be worn by all workers (a) when on a construction project and /or (b) when exposed to the hazard of a foot injury. Make sure footwear is clean before getting into trucks/equipment to prevent slipping on foot rails. • Reflective shirts, vest or jackets are to be worn at all times. • Head protection is mandatory for workers at all construction sites, pits and quarries. As well, any worker exposed to the hazard of a head injury must also wear protection. A class B hardhat, as designated by the Canadian Standards Association (CSA), provides protection from impact and penetration by stationary or moving objects and from electrical contact with exposed high - voltage conductors. See the parts department for hardhats. • Hand /skin protection is often the only practical means of preventing injury from sharp or jagged edges on materials or tools, corrosive or toxic chemicals, and /or radiation from heat or ultraviolet light. All workers must use appropriate protection in the circumstances where there is a risk of injury from contact of his /her skin with a) a noxious gas, liquid, fume or dust; b) an object which may puncture, cut or abrade the skin; c) a hot object, hot liquid or molten metal; or d) radiant heat. This includes sun tan lotion and proper clothing to prevent sun burns and heat stroke. Even if it's a cloudy day you can still get burned so lather up every day! Shirts and long pants MUST be worn at all times. • Respiratory protection is required if a worker may be injured (a) by inhaling a noxious gas, vapour, dust or fume or from a lack of oxygen; (b) if respiratory hazards may be capable of forming an explosive mixture with the air. • Where there is a risk of drowning, a worker must wear a life jacket that serves as a personal floatation device. • MTO spec. safety vests must be worn at all job sites. 2.6 MOUNTING AND DISMOUNTING EQUIPMENT Each year, workers are hurt while getting on or off trucks, backhoes and other construction equipment. Learn the safe way to mount and dismount a machine: Three -point Contact When getting on or off equipment, you need three points of constant contact with the machine. That means one hand and two feet, or two hands and one foot — at all times. Anything less, and you're risking a fall. • Three -point contact forms a triangle of anchor points, which changes in form while you mount or dismount a truck or piece of equipment. You have the most stability when the centre of this triangle is close to your centre of gravity. Your weight should be evenly distributed among the three contact points. This means that you should avoid sideways movement because it can put you off balance. REMEMBER: l Always face in towards the machine or ladder Mount and dismount only when the equipment is standing still ® Break three -point contact only when you reach the ground, the cab of the vehicle, or a stable platform ® Take your time ® Take extra care in wet, snowy, icy. or other dangerous weather conditions ® Avoid wearing loose or torn clothing that can catch on the equipment ® Get on or off at the safest access position (normally designed by the manufacturer) 21 Where necessary, retrofit equipment to provide safe access The Construction Regulation states that construction equipment must have a means of access to the operator's station that will not endanger the operator, and must have skid - resistant walking, climbing, and work surfaces. Ensure that your equipment complies with the law. Keep running boards, treads, steps, footholds, and platforms clear of mud, ice, snow, grease, debris, and other hazards. Housekeeping keeps you and your co- workers safe! Ira a H P m f r" ask 1 Rgure 1 2.7 MATERIALS HANDLING 1. Plan your move: • Size up the toad and make sure the pathway is clear • Get help as needed • Use a dolly or other device if necessary 2. Use a wide - balanced stance with one foot slightly ahead of the other 3. Get as close to the Toad as possible 4. Tighten your stomach muscles as the lift begins 5. When lifting, keep your lower back in its normal arched position and use your legs to lift 6. Pick up your feet and pivot to turn — don't twist your back 7. Lower the load slowly, maintaining the curve in your lower back Your back can manage most lifts — if you lift correctly. Avoid lifting above shoulder height. This causes the back to arch, placing heavy stress on the small joints of the spine. 2.8 WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS) Ontario Regulation 860, the Workplace Hazardous Materials Information System (WHMIS) is designed to provide employers and workers with information about hazardous materials. The regulation requires that every worker receives WHMIS training. It is the responsibility of the company to ensure that each worker has job specific WHMIS training. The company shall make available all hazard information on controlled products received from suppliers concerning the use, storage and handling of the controlled products. The Joint Health & Safety Committee and Health & Safety Representative may be consulted during the development and implementation of the job specific WHMIS program. The company will ensure, as far as reasonably practical, that this WHMIS training program results in the worker being able to apply the information as needed. The company shall also be responsible to ensure that: • All controlled products in containers have supplier labels • Workplace labels are provided • Material Safety Data Sheets (MSDS) are readily available in the workplace • A current MSDS is obtained on or before the date of the first shipment of every controlled product • The MSDS' are kept up to date The worker shall be responsible to: • Learn the information on controlled products which the employer is required to provide • Inform the employer when information about a controlled product is not adequate to ensure the worker's health and safety ** * MAKE SURE YOU KNOW THE PRODUCTS YOU ARE WORKING WITH * ** 2.9 HOUSEKEEPING Maintaining a safe, clean and orderly workplace is essential to minimizing hazards in the work environment. It is the responsibility of all employees (supervisors, workers, etc.) to keep a workplace tidy and orderly. A designated person will conduct bi- weekly workplace inspections, and they will be used to evaluate the housekeeping procedures at each work site, Any hazards found should be immediately addressed. Always remove waste materials to their designated disposal area and deposit it into an approved receptacle or bin equipped with a suitable cover. Always remove toxic materials and dispose of them according to approved company and environmental practices ensuring care is taken to wear the appropriate PPE for the hazard. Never allow rubbish to fall freely from one level to another. Always lower the material through an approved chute or, if present, in a container lowered by a crane or hoist. If not possible, it may be dropped into an enclosed designated area to which people do not have access. Always dispose of floor sweepings in an approved manner consistent with their hazardous or non - hazardous nature. All good housekeeping practices should be followed in accordance with sections 35 thru 40 of the Construction Regulations. Management will provide the necessary resources (tools, time, persons, training, etc.) for good workplace housekeeping practices. General Accepted Housekeeping Methods to Observe: • Keep walkways, platforms, landings and other work areas free of tools, power cords, or material build- up to prevent tripping and falling hazards • Clean up spills immediately to prevent slipping hazards • Keep working surfaces free of dust or chemical build -up to prevent respiratory hazards • Avoid stacking materials where they could impede vision or inhibit safe travel • Keep work areas free of combustible waste materials to prevent fire hazards • Remove objects that could cause cuts or punctures such as nails protruding from wood • All equipment /truck cabs are to be kept clean and free of litter • All operators /drivers will ensure the windows are kept clean 3.0 WORKPLACE INSPECTIONS Under Section 9 of the Occupational Health & Safety Act, the worker representative of the Joint Health & Safety Committee must inspect the physical condition of the workplace at least once a month. Different members of the JHSC may be appointed to perform separate inspections. If it is not practical to inspect the workplace at least once a month, the designated member is required to inspect the whole workplace at least once a year. Harold Sutherland Construction Ltd. will provide the designated member with any information and assistance needed to carry out the inspection. The designated member must inform the JHSC of any situation discovered by the inspection that may be a source of danger or a hazard to workers. The Committee must consider this information within a reasonable amount of time. Harold Sutherland Construction Ltd. is required to provide information, instruction and supervision to protect workers, ensure workers are aware of hazards in their workplace and take every reasonable precaution of the worker's protection. All employees have the right to make recommendations for improvement of their workplace to their supervisor or a JHSC member by identifying hazardous situations. 3.1 HAZARD REPORTING All workers are to report all potential hazards immediately to their supervisor. Any hazards found should be immediately identified to all workers to ensure they are aware of the hazard. Potential hazards and safety concerns will be identified and recorded during monthly workplace inspections. A follow up will be done to confirm that corrective action was taken and will be implemented in future orientation and safety talks, and a hazard alert was sent out for the benefit of others, including corrective action taken. 3.2 ACCIDENT INVESTIGATION Any accident involving the death or critical injury (as outlined in Ontario Regulation 834/92) of a worker requires the investigation by one or more representatives of the JHSC. One of the Committee representatives has the right to inspect the place where the accident occurred. Section 5 I of the Act states that an injury of this nature requires immediate notification to the MOL inspector followed up by a written report within 48 hours. The report will use the company standard investigation forms and include witness statements, pictures, etc. The members completing the accident investigation report will forward a copy to the JHSC and MOL inspector. The investigation is required to figure out the cause or causes of the accident, not to lay blame....THE WHOLE PURPOSE OF THE INVESTIGATION IS TO PREVENT THE RECURRENCE OF THE ACCIDENT. Recommendations from the report will be provided to management for their review and consideration to prevent a recurrence. The JHSC will follow up to see that all corrective steps taken were actually implemented. 3.3 TRAFFIC CONTROL, SIGNING & STAGING Each workplace on MTO and municipal roadways must use signs, barrels, cones and traffic control paddles in accordance with MTO Book 7 requirements. The company requires that the supervisor of each workplace on MTO or municipal roadways develop and communicate a traffic protection plan to the workers. The plan will comply with the Occupational Health & Safety Act, Construction Regulations and MTO Book 7. All on -site workers will be trained in traffic control meeting the Ontario Construction Regulations minimum requirements. All traffic controllers must wear the proper Personal Protective Equipment in accordance with the Ontario Traffic Control Regulations. All traffic control personnel must be certified. Traffic control plans and standards will be communicated to all sub trades on site. A copy of the traffic control procedures must be kept in the vehicle of all supervisors on site. All job site personnel shall obey the traffic control personnel. Only one person shall provide close quarter vehicle direction. All traffic control personnel must have the certificate of training in their possession at all times. 3.4 SAFE DRIVING & CIRCLE CHECKS All drivers will operate their vehicle according to the laws of the Ontario Highway Traffic Act. Truck drivers are responsible for completing a daily inspection sheet (circle check) of their vehicle, to ensure it is in safe condition to operate. Inspection sheets will be turned into the office daily. Any defects or problems found that are of the nature which makes the vehicle unsafe to operate will be repaired prior to the vehicle leaving the yard. All loads will be tarped and an inspection of the vehicle prior to its leaving a job site will be done to remove any loose materials that may be on the edge of the box or stuck in tires, etc. Drive safe, defensively, and responsibly! 3.5 WORKING IN PROXIMITY TO OVERHEAD POWER LINES OR CONDUCTORS All jobsites must have the area checked for overhead power lines before bringing in equipment such as cranes. backhoes, and boom trucks. Avoid storing material below overhead power lines. Determine power line voltage by checking markings on the pole, on locates and /or calling the utility company. Maintain minimum allowable distances set by the regulations outlined below: Voltage Ratings /Minimum Distances • 750 to 150,000 volts — minimum distance 3 metres • 150,000 to 250,000 volts — minimum distance 4.5 metres • 250,000 or more volts — minimum distance 6 metres Use a signaler to direct equipment operators. If you are the signaler, warn operators when any part of their machine, boom, or load approaches the minimum clearance. When erecting or moving a ladder or scaffold, don't let it lean or drift toward overhead power lines. Always maintain minimum allowable clearance. IN CASE OF CONTACT ➢ Keep everyone away from equipment in contact with power line. ➢ Never touch equipment and ground at the same time. ➢ Get someone to call local utility company to shut off power. ➢ If possible, break contact by moving equipment clear ofthe power line. Otherwise do not move equipment until the utility company shuts down the line and confirms that the power is off. Beware of time relays. Even after breakers are tripped by line damage, relays may be triggered to restore power. ➢ Follow company Emergency Response Plan guidelines. 3.6 GUIDELINES FOR EXCAVATIONS IN THE VICINITY OF UTILITY LINES ➢ Locates, Boundaries & Duration Prior to commencing any excavation, valid locates must be obtained from the Ontario One Call centre or the local utility company. Equipment operators must retain these locates with them at all times while excavating the area. The locate, using labeled stakes, flags, and /or high visible paint marks, should indicate the centre line of the utility line in the defined area of the proposed excavation. A diagram will be provided to HSC from the local utility or company performing the locates. The equipment MUST NOT work outside of the area covered by locates without requesting further locates. Locate accuracy is considered to be 1 metre on either side of the surface centre line locate. Gas lines are usually found within 1.5 metres of the surface. Locates must be renewed every 30 days. ➢ Initial Exposure At no time should the HSC or their subcontractors use mechanical equipment within the boundary limits of the locate without first digging holes to determine the gas line's exact centre line and depth of cover. Mechanical equipment could be used immediately outside the 1 metre boundary area on either side of the surface centre line, then hand dug laterally until the gas line is found; or i) Hand excavation between the boundary limits of the locate in cuts of at least 1 foot depth. ii) Mechanical equipment could then be used to widen the hand dug trench to within 1 foot ofthe depth of the hand excavation, iii) Repeat steps i) and ii) until utility line is located. ➢ Excavating after test holes completed Where test holes in an area have been completed and the gas line located, excavation using mechanical equipment may take place provided the following procedures are used: a) Mechanical excavating equipment must operate parallel to the direction of the gas line when the excavation is within 1 metre of the gas line; and b) Mechanical equipment must not be used closer than 1 foot to the utility c) Excavation within 1 foot in any direction of the utility line must be carried out by hand digging. d) Where proposed excavation is closer than 1 foot to the utility line, the line shall be exposed: i) By mechanical equipment up to 1 foot above the gas line, ii) By hand equipment and tools within 1 foot of the top of the line. e) As an alternative to hand digging tools, machines using vacuum, water or air systems as the cutting method may be used to locate and expose the pipeline. ➢ Backfilling Where trenches are to be backfilled, the following requirements must be followed; a) Backfilling should be performed in such a manner as to provide firm support under the pipe; and b) Trench must be backfilled with clean fill or granular material free of material injurious to the pipe coating and pipe. ➢ Abandoned Lines Where a line is found during excavation that was not located by the utility company, but within the area covered by the locate, NEVER ASSUME THE LINE IS ABANDONED. The utility company should be notified immediately to determine if the line is abandoned. Procedure When Damage Occurs If damage to the utility line occurs, including damage to the coating, the Excavator shall leave the utility line exposed, barricade the area and contact the utility immediately. If gas is escaping for a gas pipeline, shut off vehicles or equipment, remove or extinguish all ignition sources, barricade the area off, and keep public and workers away. Call 911 and the Gas utility immediately. No attempt should be made to control the escaping gas. If there are any flames or sparks originating from the exposed electric distribution line or other works, barricade the area off, and keep public and workers away. Call 911 and the Local Electrical Distribution utility immediately. Note: In no case shall the Excavator attempt to control or make repairs to the damaged utility line or equipment. Acts and Regulations A copy of the relevant sections of Acts and Regulations are attached : Sections of the Technical Standards and Safety Act: Offences 37. (1) Every person who, (a) contravenes of fails to comply with any provision of this Act, the regulations or a Minister's order; (b) knowingly makes a false statement or furnishes false information under this Act, the regulations or a Minister's order; (c) contravenes or fails to comply with a term or condition of an authorization; (d) contravenes or fails to comply with an order or requirement of an inspector or obstructs an inspector, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, or, if the person is a body corporate, to a fine of not more than $1,000,000. 2000, c. 16, s. 37 (1). Duty of director or officer (2) Every director or officer of a body corporate has a duty to take all reasonable care to prevent the body corporate from committing an offence under subsection (1). 2000, c. 16, s. 37 (2). Offence (3) Every director or officer of the body corporate who has a duty under subsection (2) and who fails to carry out that duty is guilty of an offence and on conviction is liable to a fine or not more than $50,000 or to imprisonment for a term of not more than one year, or to both. 2000, c. 16, s. 37 (3). Separate offence (4) Where a person contravenes any of the provisions of this Act, the regulations. a Minister's order or any notice or order made under them on more than one day, the continuance of the contravention on each day shall be deemed to constitute a separate offence. 2000, c. 16, s. 34 (4). Administrative penalty (5) A person against whom an administrative penalty has been levied by a designated administrative authority or, in the absence of such authority, by the Minister does not preclude a person from being charged with, and convicted of, an offence under this Act for the same matter. 2000, c. 16, s. 37 (5). Time Limit (6) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered. 2000, c. 16, s. 37 (6). 41. Every contractor and employer shall take all reasonable precautions to ensure that they and their agents and employees comply with this Act, the regulations or a Minister's order. Sections of the Oil and Gas Pipeline Systems Regulation: Asserting pipeline locations 9. (1) No person shall dig, bore, trench, grade, excavate or break ground with mechanical equipment or explosives without first ascertaining from the licence holder the location of any pipeline that be interfered with. (2) The licence holder shall provide as accurate information as possible on the location of any pipeline within a reasonable time in all the circumstances. ONTARIO REGULATION 210/01 No interference with pipeline 10) No person shall interfere with or damage any pipeline without authority to do so 3.7 CONFINED SPACES A confined space can be a space: a) That is partially or fully enclosed b) That is not both designed and /or constructed for continuous human occupancy c) Where atmospheric hazards may occur because of its construction, location, or contents, or because of work that is done in it All three criteria have to be met before a space is defined as a confined space. Here is more information on each of the criteria. Examples of' confined spaces are: vaults, tanks, pits, trenches, manholes, sewers, mixing drums, bag houses, storage bins and wells. Harold Sutherland Construction Ltd. will maintain a written confined program meeting the requirements of Construction Regulations (0. Reg. 213/91) Part II. 1, Confined Spaces, Sections 221.1 to 221.19. Program elements will include: • A method of recognizing each confined space • A method of assessing the hazards to which workers may be exposed • A method of developing plans for controlling the hazards • A method for training workers • An entry permit system setting out measures and procedures to be followed when working in a confined space UNDER NO CIRCUMSTANCES IS ANYONE TO ENTER A CONFINED SPACE UNDER THE COMPANY CONTROL WITHOUT ADHERING TO THE COMPANY'S CONFINED SPACE PROGRAM. Work site supervisors will assess which workers will be entering a confined space and therefore which workers will need a copy of the confined space program. The company must provide a copy of the program to the constructor of a project. In turn, the constructor must provide a copy of the program to the project's Joint Health & Safety Committee or health and safety representative, if any. A copy must also be made available to other employers to which the program relates and every worker if there is no project Joint Health & Safety Committee or health and safety representative. If workers from more than one company will be entering the confined space, the constructor must prepare a confined space coordination program. A copy of the confined space coordination document must be provided to each employer who is performing work in the confined space and to the project's Joint Health and Safety Committee or the health and safety representative. The confined space program can apply to one or more confined spaces. Records must be kept of every plan, assessment, coordination document, training, entry permit, record of rescue equipment inspection and record of tests. Records must be kept a minimum of 1 year of project completion and must be available for inspection. 3.8 LOCK OUT & TAG EQUIPMENT & ENERGY Before working on any operating machine or device, LOCKOUT & TAG procedures must be followed. Section 160 of Regulation 854 states that any work being performed on electrical equipment shall have all switches controlling that equipment locked and tagged before work is performed, and Section 185 states that any prime mover or transmission equipment shall have the operating controls tagged. moving parts stopped, and all stored energy (hydraulic, pneumatic. gravity, etc.) dissipated or contained. Harold Sutherland Construction Ltd. will supply all necessary tools, etc. required for lock out and tag procedures. Only trained and qualified personnel will perform the lockout. LOCK & TAG PROCEDURE: I. Identify all energy sources. 2. Isolate and neutralize all energy sources. 3. Lock and tag. 4. Verify zero energy. 5. Perform work. 6. Re- energize. 3.9 CHAINSAWS No worker is to operate a chainsaw until training has been provided to a minimum of CSAO standards. All chainsaw operators must carry their record of training with them at all times. All workers shall operate and maintain the chainsaw according to all safety legislation and manufacturer specifications. Defective chainsaws must be tagged and put out of service for repair by proper maintenance personnel. 4.0 FORKLIFT Workers will be acquainted with the hazards associated with the forklift as it's used in the workplace, prior to operating the machine. All forklift operators must operate in accordance with applicable safety legislation, regulatory requirements, operators procedures, and be trained to the surface minor specialty module U5044.0 (forklift) standard under the mines and mining plant regulations. All operators will report to their supervisor any hazards, concerns, or unsafe conditions associated with the forklift or workplace. All forklifts will be maintained and repaired according to safety legislation and manufacturer specifications. All forklifts will have clearly displayed information showing the maximum rated load and variation of the rated safe load capacity with the reach of the equipment. 4.1 HOISTING & RIGGING Workers must inspect all lifting devices (chains, slings, cables, etc.) before use, to ensure they are in safe and good operating condition. All operators are responsible for ensuring that before a lift, the rigging is safe to use and of adequate strength for the lift intended. All unsafe and damaged hoisting and rigging material will be thrown out or destroyed. All lifting devices must be inspected for cuts, fraying. broken wires, excessive wear, bulges, etc. before use. DO NOT USE ANY HOISTING OR RIGGING MATERIAL THAT IS UNSAFE. Inexperienced personnel must check with their supervisor or experienced workers when hoisting and rigging material, Only one person will be in charge and control of a lift. 4.2 FALL ARREST • Fall arrest and fall protection will be carried out according to Regulation 213 Construction Projects. Harold Sutherland Construction Ltd. will be responsible for providing the necessary fall arrest equipment, that all appropriate personnel are trained in fall protection, and provide a record of training to each employee trained. Employees will be responsible for ensuring that they are trained in the basics of fall protection before attempting to use the fall arrest system and carry their training card with them at all times. 4.3 PROPANE HANDLING Workers who activate, connect, or disconnect torches must be trained according to CSAO and TSSA standards. Workers who activate, connect or disconnect heaters of 400,000 btu /h or less and any handheld propane fuelled torch must also be trained according to the CSAO and TSSA standards. In general, persons who install, alter, purge, activate or repair a propane appliance must hold a certificate for that purpose. A fire extinguisher must be kept nearby when handling propane and cylinders must be stored upright and secure. Cylinders must be stored outside when not in use. Workers handling propane must carry their training card with them at all times. 4.4 TAILGATE REMOVAL & INSTALLATION Before removing or installing any tailgate from a truck, all lifting devices must be inspected to ensure they are safe to use and in good condition. Follow the written procedures that are posted in the Keppel Quarry scale house and the dispatch office. No one is to be in the box of the truck by the tailgate while the forklift, loader or other lifting device is in the process of installing or removing the tailgate. All drivers or personnel involved should be on the ground out of harms way, or at the front of the box, by the cab of the truck. Chains and other lifting devices must be a minimum of 8 ft. to ensure that the operator of the machine can see the worker in the box of the truck. If unsure at all about the proper way to remove or install your tailgate, follow the written procedures and /or get assistance by experienced personnel or your supervisor. 4.5 WORKPLACE VIOLENCE AND HARASSMENT Bill 168 addresses workplace violence. Here is a summary of the policy, please read this (hand out a copy of the WVP Documentation). Allow the team 2 minutes to read the documentation. Although Harold Sutherland Construction Ltd. already has existing policies and practices in place to protect our employees, we would like to review your specific responsibilities as it relates to this new policy. Your responsibilities require you to: • Uphold and comply with the WVP policy at all times • Uphold the employee Code of Conduct, Dignity and Respect, and Equality in Employment Policies • Immediately notify your Supervisor of any incident of workplace violence • Participate in the training regarding this policy and program provided by the company • Fully cooperate in any investigation of complaints or incidents of workplace violence as required Additional manager responsibilities require you to: • Communicate and review the policy with the employees you manage • Encourage reporting of incidents among staff • Respond to all complaints or incidents of workplace violence in the appropriate manner • When required escalate situations of workplace violence to your manager, the appropriate HR Department and /or Police Department • Ensure the affected employee is provided with the necessary services or resources Take reasonable preventative steps to protect an employee who may be experiencing violence outside the workplace (i.e. domestic violence) which may create a risk of danger to themselves or other employees in the workplace 4.6 SAFETY TALKS All supervisors will conduct bi- weekly safety talks on different safety topics of their choice (e.g. PPE, fall arrest, eye protection, etc.). Topics chosen will be relevant to the workplace conditions. All safety talks will be documented with time, date and topic, and signed by the supervisor and all employees attending the safety talk. All safety talk reports will be handed into the office that week and any comments or recommendations from the talks will be forwarded to the JHSC who will consider the recommendations or comments in a reasonable amount of time. 4.7 SAFETY AWARDS Annual safety awards will be presented to employees who qualify by working in a safe and appropriate manner. These awards are a valuable tool to encourage safe working practices. Requirements for the award are: • Work a minimum of 3 months with the company • Have no lost time injuries (or injuries preventing you from performing your regular work duties) • Have not caused any injuries to other workers by your actions • Follow company and government rules and regulations • Haven't caused any damage to any company or third party property Al! eligible award winners will receive their safety award at the end of the year. THINK SAFETY FIRST! COMPANY PHONE NUMBERS OFFICE /DISPATCH 519- 376 -5698 KEPPEL ASPHALT PLANT 519- 372 -2162 KEPPEL QUARRY SCALEHOUSE 519- 376 -0603 KEPPEL CONTROL TOWER (DARYL)- 519- 379 -0172 KEPPEL LAB 519- 376 -3506 DOWN'S PIT 519- 376 -8786 LAMONT'S PIT (BEVIN) 519 -386 -5565 LINDSAY QUARRY 519- 795 -750 MARKDALE PIT (GERALD) 519- 373 -9344 MEAFORD QUARRY 519- 374 -9800 READY MIX ALVANLEY 519- 372 -1332 READY MIX EAST LINTON 519- 376 -9860 HAROLD SUTHERLAND 519- 376 -4982 (home) 226- 668 -4495 (cell) Truck Radio #4 MIKE SUTHERLAND 519- 376 -8889 (home) 519- 379 -5855 (cell) Truck Radio #43 JENNIFER PRENTICE 519- 372 -1961 (home) 519 -372 -8859 (cell) LARRY GILL 519376 -6380 (home) 519- 373 -2608 (plant) HEALTH & SAFETY STANDARDS AND PROCEDURES ORIENTATION HANDBOOK Employee Name: Date: (Print Please) Please check off the box corresponding with each section you read as confirmation that you have read and understood the standards and procedures enforced by Harold Sutherland Construction Ltd.: ❑ Health & Safety Policy Statement ❑ Hazard Reporting ❑ Joint Health & Safety Committee ❑ Accident Investigation ❑ Networking ❑ Traffic Control, Signing & Staging ❑ Goals of the Health & Safety Program ❑ Safe Driving & Circle Checks ❑ Enforcement of Safety Standards ❑ Working in Proximity to overhead Power ❑ New Worker Safety Orientation Lines or Conductors ❑ Spring Start-up Orientation ❑ Guide lines for excavations in ❑ Roles & Responsibilities the vicinity of utility lines ❑ Contractors /Subcontractors ❑ Confined Spaces ❑ Personal Cell Phone Use Prohibited ❑ Lock Out & Tag Equipment and Energy ❑ Emergency Response Plan ❑ Chainsaws ❑ First Aid ❑ Forklift ❑ Early & Safe Return to Work ❑ Hoisting & Rigging ❑ Personal Protective Equipment ❑ Fall Arrest ❑ Mounting and Dismounting Equipment ❑ Propane Handling ❑ Materials Handling ❑ Tailgate Removal & Installation ❑ WHMIS ❑ Workplace Violence and Harassment ❑ Housekeeping ❑ Safety Talks ❑ Workplace Inspections ❑ Safety Awards EMPLOYEE ACKNOWLEDGMENT As an employee of Harold Sutherland Construction Ltd., I understand the requirement to work in compliance with the Occupational Health & Safety Act, regulations and the rules & guidelines included in the company health & safety program. Employee Signature: ** *Please sign and return to the main office as soon as possible * **