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12 008 Lower Level Flooring in the Kincardine Community Medical Clinic Tender (Quanbury Contract Interiors)
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT _y Ao BYLAW NO. 2012 - 008 BEING A BY -LAW TO ACCEPT A TENDER TO REPLACE THE LOWER LEVEL FLOORING IN THE KINCARDINE COMMUNITY MEDICAL CLINIC (Quanbury Contract Interiors) WHEREAS Sections 11 (1) and (2) 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 health, safety and well -being of persons and services and things that the municipality is authorized to provide under subsection (1); AND WHEREAS pursuant to the said Municipal Act, Section 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 Council passed Resolution #12/14/11 - 10, at the December 14, 2011 meeting of Council, directing Parkin Architects Limited to prepare a public tender to replace flooring in the lower level of the Kincardine Community Medical Clinic with ceramic tile at an estimated cost for the work of $138,000 to be funded from the Health Care Reserve; • AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it expedient to accept a tender from Quanbury Contract Interiors to replace flooring in the lower level of the Medical Clinic with ceramic tile in the amount of $70,987.00 excluding tax; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. THAT the tender of Quanbury Contract Interiors, to replace flooring in the lower level of the Kincardine Community Medical Clinic with ceramic tile, as detailed in Report No. CBO 2012 -01 in the amount of $70,987.00, excluding taxes, be hereby accepted. 2. That the Mayor and CAO be hereby authorized and directed to 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. • 3. This by -law shall come into full force and effect upon its final passage. Page 2 Lower Level Flooring in the Kincardine Community Medical Clinic Tender (Quanbury Contract Interiors) By -law By -law No. 2012 - 008 4. This by -law may be cited as the "Lower Level Flooring in the Kincardine • Community Medical Clinic Tender (Quanbury Contract Interiors) By -law ". READ a FIRST d SE ND TIME this 1 day of February 2012. IC:74) G••••-•ta..." All I A • • I . I Mayor lk - • CI : rk R THIRD T nd F ALLY PASSED this 1 day of February, 2012. Aay r ! e y I ler • • • Ivri Municipality of Kincardine Kincardine Community Medical Centre Lower Level Flooring Replacement JO PARKIN Project No.: 0813 -01 44C-111-CIS 1111,1111-0 Date: January 23, 2012 Issued: Issued for Bid Bid Set No. KINCARDINE COMMUNITY MEDICAL CENTRE EXPANSION DOCUMENT 00 01 10 I LOWER LEVEL FLOORING REPLACEMENT TABLE OF CONTENTS 411P PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION Page Nos. 00 00 01 PROJECT TITLE PAGE 1 Only 00 01 10 TABLE OF CONTENTS 1 Only PROCUREMENT REQUIREMENTS 00 21 13 INSTRUCTIONS TO BIDDERS 1 thru 8 00 41 13 BASE BID FORM 1 thru 2 CONTRACTING REQUIREMENTS 00 70 00 GENERAL CONDITIONS "AGREEMENT BETWEEN OWNER AND CONTRACTOR ", "DEFINITIONS" AND "THE GENERAL CONDITIONS OF THE CONTRACT OF THE STIPULATED PRICE CONTRACT ", Not STANDARD CONSTRUCTION DOCUMENT CCDC 2 - 2008 Enclosed dp SPECIFICATIONS GROUP DIVISION 01 - GENERAL REQUIREMENTS 01 35 16 PROJECTS ALTERATIONS & REPAIRS 1 thru 3 01 35 33 INFECTION PREVENTION AND CONTROL 1 Only DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 18 13 EPDXY FLOOR COATING 1 thru 3 DIVISION 09 - FINISHES 09 30 00 CERAMIC TILE 1 thru 4 09 65 30 RESILIENT BASE 1 thru 2 END OF DOCUMENT S PROJECT NO. 0813-01 cigl PARICIN PAGE 000110 -1 © PARKIN ARCHITECTS LIMITED F *• *« ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 1. COMPLIANCE 1.1 The bidder acknowledges that by submitting a compliant bid, it has accepted an offer by the Owner' to enter into a "bid contract" for the evaluation of bids and the award of the Contract, if an award is made. The bidder acknowledges that the terms of the "bid contract" are represented by the Bid Documents. 1.2 A bid which fails to comply with the requirements of these Instructions to Bidders may be declared non - compliant. 2. BID DOCUMENTS 2.1 The following documents form the basis of this bid process (the "Bid Documents "): 2.1.1 Document 00 21 13 - Instructions to Bidders; 2.1.2 Document 00 41 13, Base Bid Form 2.1.3 Document 00 70 00 - Agreement, Definitions and General Conditions of the CCDC 2 — 2008; 2.1.4 Specifications as listed in Document 00 01 10 - Table of Contents; 2.1.5 Addenda issued during bidding period, if any. 2.2 Check Bid Documents for completeness upon receipt. Inform Consultant immediately: 2.2.1 should any documents be missing or incomplete; 2.2.2 upon finding any discrepancies or omissions. 2.3 Complete sets of Bid Documents are available at the office of the: Municipality of Kincardine Municipal Administration Centre 1475 Concession 5 R.R. 5 Kincardine, Ontario N2Z 2X5 2.3.1 Bidders - 1 set. 2.4 Bid Documents shall be returned to Municipality within ten (10) days of bid close in good order. 2.5 Bid Documents are made available only for purpose of obtaining offers for this Project. Their issue does not confer a license or grant for other purposes. PROJECT NO. 0813-01 clip' PA R IC 1 N PAGE 00 21 13 -1 ©PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 2.6 Except as otherwise defined in these Instructions to Bidders, the defined terms in these Bid Documents are taken from the CCDC 2 Contract Form as amended. 3. OWNER 3.1 For purposes of this Bid, Owne, is identified as: Municipality of Kincardine Municipal Administration Centre 1475 Concession 5 R.R. 5 Kincardine, Ontario N2Z 2X5 4. CONDITIONS OF THE PLACE OF THE WORK 4.1 The Place of the Work is located at: Kincardine Physicians Group 44 Queen Street Kincardine, Ontario N2Z 3C1 4.2 The Place of the Work is as defined in the Bid Documents. 4.3 Refer to Document 00 30 00, Information Available to Bidders for reports and other documents prepared or obtained with respect to the Place of the Work. 4.4 Before submitting a bid, investigate the Place o1 the Work to fully ascertain existing conditions, • circumstances and limitations affecting the Work. No allowances will be made for additional costs and no claims will be entertained in connection with conditions which could reasonably have been ascertained by such investigation or other due diligence prior to submitting a bid. 5. MANDATORY SITE MEETING 5.1 A mandatory site meeting has been scheduled on: January 25, 2012 at 11:OOam at "Place of the Work" (lower level of the medical clinic). All bidders shall attend unless prior arrangements have been made for an alternate date and shall be required to sign the "Site Meeting Log" to confirm their attendance. 5.2 Bids received from bidders who failed to attend the mandatory site meeting or according to prior arrangements, as determined from the "Site Meeting Log ", shall be returned unopened. 5.3 Inspect existing conditions and limitations, within the Place 01 the Work, including but not limited to: 5.3.1 means of access and egress; 5.3.2 obstacles; PROJECT NO. 0813-01 S t PARKIN PAGE 00 21 13 - 2 • © PARKIN ARCHITECTS LIMITED .x r.. ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 5.3.3 examining surrounding, adjacent public and private properties outside the Place of the Work for existing conditions and limitations including, but not limited to, rights and interests of other parties which may be interfered with during construction; 5.3.4 determining municipal department requirements. 5.4 No adjustments to deadline for completion nor to Contract Price will be made for difficulties encountered due to conditions, features and peculiarities of the Place of the Work which are evident at time of Bid submission. 5.5 No allowances will be made for additional' costs, and no claims will be entertained in connection with conditions which could reasonably have been ascertained by such investigation or other due diligence prior to submitting Bid. 6. BID AND PERFORMANCE SECURITY 6.1 Each bid shall be accompanied by bid security in the form of a certified cheque or bid bond in the amount of 5% of the Bid Price naming the Owner as obligee and issued by a surety licensed to conduct surety and insurance business in Ontario. The bid security is for the benefit of the Owner and stands as security that the bidder, if awarded the Contract, will deliver the performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the Contract, and will execute the Contract. The bid bond shall remain valid for a period of sixty (60) days from the date of bid submission. 6.2 The bid security of the bidder whose bid is accepted will be retained by the Owner to compensate the Owner for the damages it will suffer should the successful bidder fail to execute the Contract and /or fail to provide the specified performance security and /or evidence of insurance and other documents required by these Instructions to Bidders or by the Contract. 6.3 The bid security of the bidder whose bid is accepted will be returned after the delivery of the specified performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the Contract, and after the execution of the Contract. The bid security of all other bidders will be returned after the execution of the Contract or after the expiry of this bid process without an award of Contract or after the rejection of all bids. 6.4 Each bid shall be accompanied by an agreement to bond issued by the same surety company that provides the bid bond, undertaking to provide a one hundred percent (100 %) performance bond or alternatively, an irrevocable letter of credit in the amount of 100% of the Base Bid Price. 6.5 Bids not accompanied by the required bid security and the required agreement to bond or irrevocable letter of credit will be declared non - compliant and rejected. 6.6 Include the cost of all bonds or irrevocable letter of credit in the Bid Price. 7. AMENDMENTS TO BID DOCUMENTS 7.1 Direct questions arising during the bidding period to the Bid Coordinator, Mr. Brent Whiteley, PROJECT NO. 0813-01 PA ItIC 1 N PAGE 00 21 13 - 3 ©PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS via fax: (416) 467 -8001. The Bid Coordinator is the sole contact for bidding on this Project. A bid may be disqualified where contact is made with any person other than the Bid Coordinator. 7.2 Neither the Owner nor the Consultant will be responsible for instructions, clarifications or amendments communicated orally. Instructions, clarifications or amendments which affect the Bid Documents will only be made by addendum. 7.3 If bidders find discrepancies, omissions, errors, departures from building by -laws, codes or good practice, and points considered to be ambiguous or conflicting, they shall bring them to the attention of the Bid Coordinator in writing, so that the Consultant may, if the Consultant deems it necessary, issue instructions, clarifications or amendments by addendum to all bidders prior to the bid closing date. The Consultant will endeavour to issue such addenda at least seventy -two (72) hours prior to bid closing. 7.4 Addenda issued during the bidding period shall become part of the Bid Documents and their receipt shall be acknowledged in the space provided in the Bid Form. Addenda will be sent to all bidders. 8. TAXES 8.1 The Harmonized Sales Tax (HST) shall not be included in the Bid Price. All other eligible taxes shall be included in the Bid Price. Any taxes or increases in taxes announced prior to the date of the issuance of the Bid Documents and scheduled to come into effect subsequent to such date shall be taken to be included in the Bid Price. 9. BID COMPLETION 9.1 Fill in all blank spaces on the Bid Forms in ink, or typewritten, providing all information requested, and ensure that an authorized person or persons sign all forms where indicated. Failure to provide all requested information on the Bid Forms and failure to fill in all blank spaces may result in a bid being declared non - compliant. 9.2 Use only the Bid Forms issued as part of the Bid Documents for the Project. If any or all pages of the Bid Forms are amended by addendum, only the amended pages shall be used to submit a bid. Failure to comply with this paragraph may result in the bid being declared non - compliant. 9.3 Information provided by bidders on the Bid Forms may be amended prior to bid closing, provided corrections are initialed by an authorized representative of the bidder. Other modifications, erasures, additions, conditions, qualifications or not initialed pre - closing amendments may result in the bid being declared non - compliant. 9.4 Bids that are not originals, are unsigned, improperly signed, not initialed, incomplete, conditional or illegible, may be declared non - compliant. 10. BID PRICE 10.1 The Bid Price shall be provided in numbers only. PROJECT NO. 0813-01 11 40 PARKI.N PAGE 0021 13 -4 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 10.2 Where the bidder is required to provide a breakdown of the Bid Price, the Bid Price shall govern in the case of conflict or ambiguity between the Bid Price and the sum of the breakdown of the Bid Price. 10.3 Submit Bid Price: 10.3.1.1 Excluding Value Added Taxes (HST); 10.3.1.2 Excluding solicited and unsolicited Alternative Prices; 10.3.1.3 Excluding escalation clauses or other qualifications; 10.3.2 Bid Price is deemed to be based on specified Products. Do not include unspecified Product substitutions and unspecified alternatives in Bid Price. 11. BID SUBMISSION 11.1.1 Submit one (1) completed original Base Bid, accompanied by the bid bond or certified cheque and agreement to bond or irrevocable letter of credit , in a sealed opaque envelope. Ensure that the outside of the envelope bears the bidder's return address and a label clearly identifying the Project and Project number for which the bid is submitted. 11.1.2 Submit the envelope to: Michelle Barr, CBO, Municipal Administration Centre, 1475 Concession 5, R.R #5, Kincardine, Ontario N2Z 2X5 11.1.3 Bid envelopes received before 9:00 AM local time on February 1, 2012 will be date and time stamped at the place receiving the bids. The term "local time" shall mean the time as measured by the identified clock at the recipient's location. Late bids will be returned unopened. 11.1.4 Bids which are submitted by facsimile transmission or by electronic means will not be considered. 11.1.5 Bidders are solely responsible for the method and timing of delivery of their bids. 12. BID EXPIRY PERIOD 12.1 Bids shall be irrevocable for a period of sixty (60) days from the date of submission of the Base Bid, after which period the bid expires. 13. BID OPENING AND EVALUATION 13.1 Bids will be opened in public, following bid closing on February 1, 2012 13.2 The Owne, may reject the lowest or any bid or part of any bid, reject all bids or cancel this bid process in whole or in part. 13.3 The Bid Price offered on the Base Bid Form will be considered the bidder's "Base Bid ". The Owner reserves the right, but has no obligation, to adjust all bidders' Base Bids by the amounts PROJECT NO.0813 -01 41 %. PARKIN PAGE 00 21 13 - 5 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS of any alternative prices which the Owner, in its discretion, decides to accept. IP 13.4 The Owner reserves the right to award the Contract to the bidder which submitted the bid which, in the Owner's sole discretion, provides the best value to the Owner based on the criteria described in the Bid Documents including, but not limited to, a bidder's: 13.4.1 Base Bid; 13.4.2 Base Bid as adjusted by the Owner pursuant to the Bid Documents; 13.4.3 Clarification provided pursuant to Requests for Clarification. 13.5 The Owner reserves the right to award the Contract to a bidder which, in the Owner's discretion, has submitted a substantially compliant bid. Incomplete or conditional bids may be declared non - compliant. 13.6 Should the Owner receive no compliant bids, the Owner, in its discretion, may re -bid the Project or may negotiate a Contract for the whole or any part of the Project with a bidder which has submitted a non - compliant bid. 14. REQUESTS FOR CLARIFICATION 14.1 The Consultant may contact any one or more bidders to request clarification without any obligation to contact other bidders. Such additional clarification shall be provided promptly by the bidder to the Consultant. 14.2 Requests for clarification shall not be construed as acceptance of a bid. • 15. AWARD OF CONTRACT, EXECUTION OF THE CONTRACT AND DOCUMENTS TO BE DELIVERED 15.1 Bidders shall not issue or make any statements or news release concerning their bid, the bid process, the Owner's evaluation of the bids, or the Owner's award or cancellation of the bid process, without the express written consent of the Owner. 15.2 If the Owner decides to award the Contract to a bidder, it will issue a letter of Contract award. 15.3 Prior to commencing the Work, the Contractor shall deliver to the Owner: 15.3.1 the performance bond or irrevocable letter of credit described in the Bid Documents, the form of such bonds to comply with the requirements of the Contract; 15.3.2 certified true copies of the insurance policies required by the Bid Documents; 15.3.3 a current Clearance Certificate issued by the Workplace Safety and Insurance Board. 15.4 The Contractor shall execute the Contract and deliver the executed original to the Owner within ten (10) Working Days of receipt from the Consultant. PROJECT NO. 0813-01 S I PARKIN PAGE 00 21 13 - 6 © PARKIN ARCHITECTS LIMITED R•. *•...x *.. ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 16. LIMIT OF LIABILITY 16.1 The liability of the bidder to the Owner for loss and damage arising out of the bidder's breach of the "bid contract" shall be limited to the lesser of the actual loss suffered by the Owner and 5% of the Bid Price. 16.2 The liability of the Owner to any bidder for loss and damage arising in tort or for the breach by the Owner of the "bid contract" shall be limited to the lesser of the sum of 5% of Bid Price and the reasonable cost to the bidder of preparing its bid. 17. DISPUTES 17.1 In the event of a dispute arising in connection with this bid process including, without limitation, a dispute concerning the existence of the "bid contract" or a breach of the "bid contract ", or a dispute as to whether the bid of any bidder was submitted on time or whether a bid is compliant, the Owner may refer the dispute to a confidential binding arbitration pursuant to the Arbitration Act, 1991, as amended, before a single arbitrator with knowledge of procurement/bidding law. In the event that the Owner refers the dispute to arbitration, the bidder agrees that it is bound to arbitrate such dispute with the Owner. Unless the Owner shall refer such dispute to binding arbitration, there shall be no arbitration of such dispute. 17.2 In the event the Owner refers a dispute to binding arbitration, the Owner may give notice of the dispute to one or more of the other bidders who submitted bids, whether or not they may be compliant, each of whom shall be a party to and shall be entitled to participate in the binding arbitration, and each of whom shall be bound by the arbitrator's award, whether or not they participated in the binding arbitration. 17.3 In the event the Owner refers a dispute to binding arbitration, the parties to the arbitration shall exchange brief statements of their respective positions on the dispute, together with the relevant documents, and submit to a binding arbitration hearing which shall last no longer than two days, subject to the discretion of the arbitrator to increase such time. The parties further agree that there shall be no appeal from the arbitrator's award. 17.4 This Article is not intended to form part of any "bid contract" that may come into being between a bidder and any prospective Subcontractor or Supplier of that bidder. 18. PHASING, SCHEDULING AND OCCUPANCY 18.1.1 Base phasing and scheduling of construction on maintaining continuous operation and access to occupied areas during all sequences of construction. Refer to Contract Documents for general representation of construction sequencing. 18.1.2 Site phasing to be staged maintaining access to fire exits 18.1.3 Site phasing to maintain number of existing parking spaces at all stages of construction. 18.1.4 Total completion of the work to achieved by March 9, 2012. 4110 PROJECT NO. 0813-01 .11 411 PA PARK 1 N PAGE 00 21 13 - 7 ©PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 21 13 LOWER LEVEL FLOORING REPLACEMENT INSTRUCTIONS TO BIDDERS 18.1.5 Phase 1A in Pharmacy 121, Consult 121A, Storage 121B, Office 121C and Corridor 103 must be completed between 8PM February 17, 2012 and 6AM February 21, 2012. All removal and re- installation of shelving and furniture by others. 18.1.6 Phase 1B work in Corridor 109 to be completed during regular work hours. 18.1.7 Phase 2 and 3 to be completed during regular work hours. 18.1.8 For reference purposes, each phase is as noted on Drawings. 18.1.9 Phases 1B, 2 and 3 may be completed in any sequence before or after Phase 1A subject to coordination with the owner. 19. WARRANTIES 19.1 1 year warranty for all work to be provided by Contractor. All extended warranties to be provided by manufacturer, refer to product specifications. END OF DOCUMENT • PROJECT NO.0813 -01 S t PARKIN PAGE 00 21 13 - 8 *PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 41 13 LOWER LEVEL FLOORING REPLACEMENT BASE BID FORM • PART 1 - GENERAL 1.1 BIDDER 1.1.1 From (Name of Bidder): 1.1.2 Address: [ ] 1.1.3 Telephone: [ I 1.1.4 Fax [ 1.2 BASE BID PRICE 1.2.1 I/We the undersigned, having carefully examined the Bid Documents and having received, carefully examined and incorporated Addenda No. to No. inclusive, having visited and investigated the Place of the Work, and having examined all conditions, circumstances and limitations affecting the Work, offer to enter into a Contract with the Owne, to perform the Work required by the Bid Documents for the price of $ . The price offered excludes Harmonized Sales Tax b (HST) but includes all other eligible taxes. 1.3 BID SECURITY 1.3.1 Attached to this bid is a bid bond as required by the Bid Documents. No other form of bid security is acceptable. 1.4 PERFORMANCE BOND 1.4.1 Consent of Surety to provide a Performance Bond or irrevocable letter of credit as required by the Bid Documents. 1.5 AGREEMENT TO BOND 1.5.1 Attached to this bid is a separate agreement to bond for undertaking to provide the bonds required by the Bid Documents. 1.6 DECLARATIONS 1.6.1 I/We the undersigned declare that: I PROJECT NO.0813 -01 PARKIN PAGE 00 41 13 -1 ©PARKIN ARCHITECTS LIMITED ...,. ISSUED FOR BID - 2012 JANUARY23 1 KINCARDINE COMMUNITY MEDICAL CENTRE DOCUMENT 00 41 13 LOWER LEVEL FLOORING REPLACEMENT BASE BID FORM 1.6.1.1 I/We agree to perform the Work, inclusive of mobilization time, in compliance with the Contract • Documents and attain Total Completion of the Work by March 9, 2012 after award of the Contract. 1.6.1.2 No person, firm or corporation other than the undersigned has any interest in this bid or in the proposed Contract for which this bid is made. 1.6.1.3 This bid is irrevocable and is open for acceptance by the Owner for a period of sixty (60) Days from the date of submission. 1.7 ADDRESS, LEGAL STATUS AND SIGNATURE OF BIDDER 1.7.1 We hereby designate the address, given below as the legal address to which all notices, directions or other communications may be served or mailed: Street City Province Postal Code 1.7.2 We hereby declare that the Bidder has legal status stated below: Individual Partnership Corporation incorporated under the laws of Date 1.7.3 This Base Bid Form is submitted in the name: (Company Name - Typed) By (Signature) Name (Typed) Title Signed this day of , 2012. END OF DOCUMENT PROJECT NO.0813 -01 � PARKIN PAGE 00 41 13 - 2 IIP PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 (0) CCDC 2 • st pr contract 2008 The Municipality of Kincardine Kincardine Community Medical Centre - Lower Level Flooring Replacement Parkin Architects Limited Project No.:0813 -1 Apply a CCDC 2 copyright seal here. The application of the seal demonstrates the intention of the party proposing the use of this document that it be an accurate and unamended form of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. I 3. ,ii; 1.G ice, CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR PART 5 PAYMENT 1 The Work GC 5.1 Financing Information Required of the Owner A -2 Agreements and Amendments GC 5.2 Applications for Progress Payment A -3 Contract Documents GC 5.3 Progress Payment A-4 Contract Price GC 5.4 Substantial Performance of the Work A -5 Payment GC 5.5 Payment of Holdback upon Substantial Performance of the Work A -6 Receipt of and Addresses for Notices in Writing GC 5.6 Progressive Release of Holdback A -7 Language of the Contract GC 5.7 Final Payment A -8 Succession GC 5.8 Withholding of Payment GC 5.9 Non - conforming Work DEFINITIONS 1. Change Directive PART 6 CHANGES IN THE WORK 2. Change Order GC 6.1 Owner's Right to Make Changes 3. Construction Equipment GC 6.2 Change Order 4. Consultant GC 6.3 Change Directive 5. Contract GC 6.4 Concealed or Unknown Conditions 6. Contract Documents GC 6.5 Delays 7. Contract Price GC 6.6 Claims for a Change in Contract Price 8. Contract Time 9. Contractor PART 7 DEFAULT NOTICE 10. Drawings GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to 11. Notice in Writing Continue with the Work or Terminate the Contract 12. Owner GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract 13. Place of the Work 14. Product PART 8 DISPUTE RESOLUTION 15. Project GC 8.1 Authority of the Consultant 16. Provide GC 8.2 Negotiation, Mediation and Arbitration 17. Shop Drawings GC 8.3 Retention of Rights 18. Specifications 19. Subcontractor PART 9 PROTECTION OF PERSONS AND PROPERTY 20. Substantial Performance of the Work GC 9.1 Protection of Work and Property 21. Supplemental Instruction GC 9.2 Toxic and Hazardous Substances 22. Supplier GC 9.3 Artifacts and Fossils 23. Temporary Work GC 9.4 Construction 24. Value Added Taxes GC 9.5 Mould 5. Work 26. Working Day PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees PART 1 GENERAL PROVISIONS GC 10.4 Workers' Compensation GC 1.1 Contract Documents GC 1.2 Law of the Contract PART 11 INSURANCE AND CONTRACT SECURITY GC 1.3 Rights and Remedies GC 11.1 Insurance GC 1.4 Assignment GC 11.2 Contract Security PART 2 ADMINISTRATION OF THE CONTRACT PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND GC 2.1 Authority of the Consultant WARRANTY GC 2.2 Role of the Consultant GC 12.1 Indemnification GC 2.3 Review and Inspection of the Work GC 12.2 Waiver of Claims GC 2.4 Defective Work GC 12.3 Warranty PART 3 EXECUTION OF THE WORK GC 3.1 Control of the Work GC 3.2 Construction by Owner or Other Contractors GC 3.3 Temporary Work GC 3.4 Document Review GC 3.5 Construction Schedule GC 3.6 Supervision GC 3.7 Subcontractors and Suppliers GC 3.8 Labour and Products GC 3.9 Documents at the Site GC 3.10 Shop Drawings GC 3.11 Use of the Work GC 3.12 Cutting and Remedial Work CCDC 2 is the product of a consensus - building process aimed at balancing the GC 3.13 Cleanup interests of all parties on the construction project. It reflects recommended PART 4 ALLOWANCES industry practices. CCDC 2 can have important consequences. The CCDC and its frii C 4.1 Cash Allowances constituent member organizations do not accept any responsibility or liability for C 4.2 Contingency Allowance loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. Standard Construction Document CCDC 2 — 2008 III AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the 2 day of February in the year 2012 . by and between the parties The Municipality of Kincardine hereinafter called the "Owner" and Quanbury Contract Interiors hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A -1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for Kincardine Community Medical Centre - Lower Level Flooring Replacement insert above the name of the Work located at 44 Queen Street, Kincardine, Ontario N2Z 3C1 insert above the Place of the Work for which the Agreement has been signed by the parties, and for which Parkin Architects Limited insert above the name of the Consultant is acting as and is hereinafter called the "Consultant" and 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the 17 day of February in the year 2012 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the 9 day of March in the year 2012 . ARTICLE A -2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. CCDC 2 — 2008 File 005213 1 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A -3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A -1 of the Agreement - THE WORK: — Agreement between Owner and Contractor — Definitions — The General Conditions of the Stipulated Price Contract Specifications (Refer to the Table of Content, Document 00 01 10 bound in Specifications) Dated: 2012 January 23 Drawings (Refer to Drawing 0813 -1 -A1, Floor Finish Plan & Phasing Lower Level) Dated: 2012 January 23 Addenda Document 00 90 01 - Addendum No.:1 Dated: 2012 January 29 Documents Contract Award Letter Dated: 2012 February 2 Base Bid Form (Signed) Dated: 2012 January 30 • (Insert here, attaching additional pages i required, a list identi in all other Contract Documents e.g. supplementary � I � g P g .f R .f' g g pP rJ' conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; drawings, giving drawing number, title, date, revision date or mark; addenda, giving title, number, date) CCDC 2 — 2008 File 005213 2 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set, forth in supplementary conditions. ARTICLE A -4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: Seventy Thousand Nine Hundred and Eighty Seven /100 dollars $ 70,987.00 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Nine Thousand Two Hundred and Twenty Eight 31 /100 dollars $ 9228.31 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: Eighty Thousand Two Hundred and Fifteen 31 /100 dollars $ 80,215.31 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A -5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of ten percent ( 10 %), the Owner shall: .1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payments, and .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 — INSURANCE. 5.3 Interest .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by Scotia Bank (Insert name of chartered lending institution whose prime rate is to be used) for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. CCDC 2 — 2008 File 005213 3 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A -6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING lip 6.1 Notices in Writing will be addressed to the recipient at the address set out below. The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following such day. A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof. An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. Owner Municipality of Kincardine c/o - Ms Michelle Barr, Chief Building Official name of Owner* Municipal Administration Centre, 1475 Concession 5 R.R.5, Kincardine Ontario N2Z 2X5 address 519 396 -1430 mbarr @kincardine.net facsimile number email address Contractor Quanbury Contract Interiors name of Contractor* 7674 County Road 91, Stayner, Ontario, LOM 1S0 address 705 428 -5576 mikequanbury@bellnet.ca facsimile number email address Consultant Parkin Architects Limited - Mr. Harland Lindsay name of Consultant* 1 Valleybrook Drive, 5th Floor, Toronto, Ontario M3B 2S7 address 416 467 -8001 hcl @parkin.ca facsimile number email address * If it is intended that the notice must be received by a specific individual, that individual's name shall be indicated. ARTICLE A -7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / Frr h # language shall prevail. # Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais a la demande des parties. CCDC 2 — 2008 File 005213 4 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A -8 SUCCESSION le 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: WITNESS OWNER • vs . tr _.L A . L 1 - name o .caner ►\ X1 1 i signature n larty347 j/ name of'person signing name and title of person signing signature si g signature N Le- Ai -ie • l �c��►tt �t ��',���—; „Lit ( name of person signing name and title of person signing WITNESS CONTRACTOR UA AcAuk 7 name of Contractor A 07L< signature signature p �<c Kv,v �.i/ CsS M` /CC al/c)AlEi./ Y L_, /AL"- name of person signing name and title of person signing signature signature name of person signing name and title of person signing N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or 4/10 (b) the affixing of a corporate seal, this Agreement should be properly sealed. CCDC 2 — 2008 File 005213 5 Note: This contract is protected by copyright. Use of a CCDC 1 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Standard Construction Document CCDC 2 — 2008 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 2. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: - a change in the Work; - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 3. Construction Equipment Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. 4. Consultant The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 5. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 6. Contract Documents The Contract Documents consist of those documents listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. ID 7. Contract Price The Contract Price is the amount stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 8. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A -1 of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. 9. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 10. Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams. 11. Notice in Writing A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between them and the Consultant that is transmitted in accordance with the provisions of Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. 12. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. • 13. Place of the Work The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 14. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include Construction Equipment. CCDC 2 - 2008 File 007100 6 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 15. Project The Project means the total construction contemplated of which the Work may be the whole or' a part. le 16. Provide Provide means to supply and install. 17. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Contractor provides to illustrate details of portions of the Work. 18. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the Work. 19. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the Place of the Work. 20. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 21. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 22. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products. 23. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. 24. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by the tax legislation. 25. Work The Work means the total construction and related services required by the Contract Documents. 26. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. • CCDC 2 - 2008 File 007100 7 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be km accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Standard Construction Document CCDC 2 — 2008 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.7 If there is a conflict within the Contract Documents: .1 the order of priority of documents, from highest to lowest, shall be — the Agreement between the Owner and the Contractor, — the Definitions, — Supplementary Conditions, — the General Conditions, 411 - Division 1 of the Specifications, - technical Specifications, — material and finishing schedules, — the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.1.8 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.9 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 2008 File 007213 8 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which Ill consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will promptly inform the Owner of the date of receipt of the Contractor's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. 0 2.2.5 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A -5 of the Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT and GC 5.7 - FINAL PAYMENT. 2.2.6 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. 2.2.7 Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party. 2.2.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.10 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.11 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.12 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other OD persons performing any of the Work. CCDC 2 — 2008 File 007213 9 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 2.2.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. OD 2.2.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Contractor's submittals, in accordance with the Contract Documents. 2.2.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 2.2.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.17 All certificates issued by the Consultant will be to the best of the Consultants knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals OD before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is designated by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. OD CCDC 2 — 2008 File 007213 10 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. PART 3 EXECUTION OF THE WORK le GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co- ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: .1 provide for the co- ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co- ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work; .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Consultant in writing any apparent deficiencies in the work of other contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. 3.2.4 Where the Contract Documents identify work to be performed by other contractors or the Owner's own forces, the Contractor shall co- ordinate and schedule the Work with the work of other contractors and the Owner's own forces as specified in the Contract Documents. 3.2.5 Where a change in the Work is required as a result of the co- ordination and integration of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.2.6 Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY WORK 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. 1 10 CCDC 2 — 2008 File 007213 11 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: .1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter - relationship to demonstrate the Work will be performed in conformity with the Contract Time; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as Y stipulated by the Contract Documents; and P .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at • the Place of the Work while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.7.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.7.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. CCDC 2 — 2008 File 007213 12 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. I 3.7.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. III 3.7.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.8.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. GC 3.10 SHOP DRAWINGS 3.10.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. 3.10.2 The Contractor shall provide Shop Drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. 3.10.3 Upon request of the Contractor or the Consultant, they shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings. 3.10.4 The Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. • 3.10.5 Shop Drawings provided by the Contractor to the Consultant shall indicate by stamp, date and signature of the person responsible for the review that the Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Contractor for approval. 3.10.8 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: .1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and .2 the Contractor has checked and co- ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.10.10 The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents. 3.10.11 The Contractor shall provide revised Shop Drawings to correct those which the Consultant rejects as inconsistent with the Contract Documents, unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the Consultant. 3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. • CCDC 2 — 2008 File 007213 13 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 3.11 USE OF THE WORK 3.11.1 The Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and • operations of employees and Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Work. 3.11.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Contractor shall co- ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill -timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.13 CLEANUP 3.13.1 The Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for use or occupancy by the Owner. The Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining work. • 3.13.3 Prior to application for the final payment, the Contractor shall remove any remaining products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Contractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Contractor's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. 0 CCDC 2 — 2008 File 007213 14 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. i 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.3 and the contingency allowance. PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A -5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties. 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Work as of the last day of the payment period. • 5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. 5.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.6 The Contractor shall include a statement based on the schedule of values with each application for payment. 5.2.7 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT: .1 the Consultant will promptly inform the Owner of the date of receipt of the Contractor's application for payment, .2 the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, .3 the Owner shall make payment to the Contractor on account as provided in Article A -5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: - receipt by the Consultant of the application for payment, or - the last day of the monthly payment period for which the application for payment is made. • CCDC 2 — 2008 File 007213 15 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK • 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within one Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Contractor's list and application: .1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: .1 submit an application for payment of the holdback amount, .2 submit CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 5.5.2 After the receipt of an application for payment from the Contractor and the statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, • the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. 5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. • CCDC 2 — 2008 File 007213 16 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. • 5.6.2 In the Province of Quebec, where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the • Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and advise the Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A -5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion • of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. GC 5.9 NON - CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: .1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the application for progress payment. • CCDC 2 — 2008 File 007213 17 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 6.3 CHANGE DIRECTIVE • 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: .1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Contractor, for personnel (1) stationed at the Contractor's field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or • (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; .3 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7.1; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Contractor's field office; .8 deposits lost; .9 the amounts of all subcontracts; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. • CCDC 2 — 2008 File 007213 18 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or III liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work shall be borne by the Contractor. 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the Work attributable to the Change Directive and shall provide the Consultant with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. • 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 - TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 - ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. III CCDC 2 — 2008 File 007213 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 6.5.3 If the Contractor is delayed in the performance of the Work by: .1 labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized • contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.13 of GC 2.2 - ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: .1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. ID 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contractor's right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the 1111 Contractor Notice in Writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. CCDC 2 — 2008 File 007213 20 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed in writing by the parties, the Contractor shall be in compliance with the Owner's instructions if the Contractor: III .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT • 7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if: .1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 - PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. • CCDC 2 — 2008 File 007213 21 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular • matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.2.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. • CCDC 2 — 2008 File 007213 22 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in el paragraph 8.2.6 shall be .1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 — AUTHORITY OF THE CONSULTANT. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. • 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless • toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work. CCDC 2 — 2008 File 007213 23 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 9.2.5 If the Contractor .1 encounters toxic or hazardous substances at the Place of the Work, or • .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and .4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.2.8 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: .1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; • .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.2.9 If either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions - Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. • CCDC 2 — 2008 File 007213 24 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 9.5 MOULD • 9.5.1 If the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and Contractor. 9.5.2 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.5.3 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 - MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. • CCDC 2 — 2008 File 007213 25 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, • subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 10.2.6 If the Contractor fails to advise the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, again with the Contractor's application for payment of the holdback amount following • Substantial Performance of the Work and again with the Contractor's application for final payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — CCDC Insurance Requirements in effect at the time of bid closing except as hereinafter provided: .1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. .3 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work .4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of: (1) 1 0 calendar days after the date of Substantial Performance of the Work; CCDC 2 — 2008 File 007213 26 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking • purposes, or for the installation, testing and commissioning of equipment forming part of the Work; (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. .6 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage: (1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work; and (3) to the Work arising from the work of the Owner, the Owner's own forces or another contractor, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. .7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the • insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work. 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 — INSURANCE REQUIREMENTS. GC 11.2 CONTRACT SECURITY 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any Contract security specified in the Contract Documents. • CCDC 2 — 2008 File 007213 27 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be • maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: .1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A -4 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. • .3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 — PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: .1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known; .2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. 411 CCDC 2 — 2008 File 007213 28 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 12.2 WAIVER OF CLAIMS • 12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner arising from the Contractor's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: .1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Owner from the Contractor no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 12.1.4 or 12.1.5 of GC 12.1— INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor arising from the Owner's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: .1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Contractor from the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted • by the Owner against the Contractor pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 - INDEMNIFICATION; .4 damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.3 - WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Writing of claim has been received by the Contractor from the Owner within a period of six years from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: .1 any limitation statute of the Province or Territory of the Place of the Work., or .2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.2.5 The Owner waives and releases the Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been received by the Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 12.2.7 The party giving "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. • CCDC 2 — 2008 File 007213 29 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 shall be considered to be an interim account and the party making the claim 4111 shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraphl 2.2.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as • specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. CCDC 2 — 2008 File 007213 30 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. CCDC 75 Albert Street uite 400 ttawa Ont. K1 P 5E7 \ & ¢ 3 i F : 1 ` y am • �r' a � dr A... n `3 _ �'... c \j am` s R c CANADIAN CONSTRUCTION I_ CU E COMMITTEE Tel: (613) 236 -9455 Fax: (613) 236 -9526 CCDC 41 info @ccdc.org CCDC INSURANCE REQUIREMENTS PUBLICATION DATE: JANUARY 21, 2008 1. General liability insurance shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320. To achieve the desired limit, umbrella or excess liability insurance may be used. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property, covering all vehicles owned or leased by the Contractor. Where the policy has been issued pursuant to a government- operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. 3. Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft (if used directly or indirectly in the performance of the Work), including use of additional • premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and limits of not less than $5,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. 4. "Broad form" property insurance shall have limits of not less than the sum of 1.1 times Contract Price and the full value, as stated in the Contract, of Products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Forms 4042 and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfactory Association proof of financial capability by the Contractor, the Owner may agree to increase the deductible of Canadian amounts. Engineering Companies 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. Canadian 6. "Broad form" contractors' equipment insurance coverage covering Construction Equipment used by Construction the Contractor for the performance of the Work, shall be in a form acceptable to the Owner and shall Association not allow subrogation claims by the insurer against the Owner. Subject to satisfactory proof of financial capability by the Contractor for self - insurance, the Owner may agree to waive the equipment insurance requirement. Construction 7. Standard Exclusions Specifications Canada 7.1 In addition to the broad form property exclusions identified in IBC forms 4042(1995), and 4047(2000), the Contractor is not required to provide the following insurance coverage: • Asbestos • • Cyber Risk The Royal • Mould Architectural • Terrorism Institute of Canada 0 Sr PARKIN ARCHITECTS LIMITED A) U February 2, 2012 i N a 3 Mr. Michael Quanbury 1 . Quanbury Contract Interiors 7674 County Road #91 TS Stayner, Ontario LOM ISO Dear Mr. Quanbury, i- Re: Municipality of Kincardine o Kincardine Community Medical Centre - Lower Level Flooring Replacement cO Our Project No. 0813 -1 Contract Award 4 We have been instructed by our Client, the Municipality of Kincardine, to advise you that Quanbury Contract Interiors is hereby awarded the Contract for the construction of the N referenced project on the following basis: CO 2 III 1 CONTRACT PRICE Base bid price (submitted February 1, 2012) H.S.T. excluded $ 70,987.00 P. Harmonized Sales Tax $ 9,228.31 Total Price (Including H.S.T.) 8 80,215.31 ° 0 O II ADDITIONAL TERMS AND CONDITIONS .0 0 1. Quanbury Contract Interiors wilt commence work on site on a date no later than February 17, 2012. 2. Quanbury Contract Interiors will achieve Total Completion of the Work not later than March 9, 2012. III GENERAL 1. The Contract Documents will be prepared shortly and submitted to you for execution. This letter will form part of the Contract Documents. 2. Your acknowledgment of this letter and your agreement to its terms and conditions should be verified immediately by signing the next page of this letter and returning to us not later than February 3, 2012. HARLAND C. LINDSAY Director MAY CHOW Principal MARIO PISTONE Vice-President SONAR. AKHTAR Associate JOHN H. CHRISTIE Director MARK MICHASIW Principal BRENT WHTTELEY V(Ce•President J_lt1NNHALEY AfsoCiate • LINT) SNYMAN Director CKANDRA0.Si;CHAK DAYIDBR OWNSeniarAflociate LYNNE \�RL,ONDRR ROBERTBOEAKS PAUL FRENCH Se,.orA55adate DAVID J. DRISCDLL PrLicipol JOHN MACSWEEN Principal EBA RAPOS 0 Senior Anodate JOSEFINADORONILA Principal ROBIN SNELL Principal RICK MRRAAssOCiate R CAMERON SHANTZ Princ(pa1 MUS1R MACCI Vice- Pres MICHAEL MURPHY Associate 0 Mr. Michael Quanbury February 2, 2012 Page 2 3 Provide the following information prior to the commencement of Work on Site. .1 The Workplace Safety and Insurance Board Clearance Certificate. .2 100% Performance Bond or certified cheque (original only). .3 Insurance Certificate (original only). .4 Detailed Work Schedule. .5 List of Key Personnel assigned to this project. 4. Quanbury Contract Interiors and Owner to attend a start -up meeting the week of February 13, 2012, exact date and location to be determined. Yours very truly, r, 1 Brent Whiteley BW /bw LSN/BCW /0813 -1 O:IPROJECTS 1200810813- 11CONTRACTAWARD LETTERDOC III c/ Ms. Michelle Barr, CBO, Municipality of Kincardine We, Quanbury Contract Interiors, having examined and understood the foregoing terms and conditions of Contract Award, do hereby acknowledge our agreement to their inclusion and forming part of the Kincardine Community Medical Centre - Lower Level Flooring Replacement. Quanbury Contract Interiors it i c. r - 1441 L_ ai> ,, .1±1> J V' Signing Officer (Print Name) Signatu 7- dez?L /!'9�C: c 2 26 l2_ Date 2 • ADDENDUM NO.: 1 DOCUMENT 00 90 01 January 29, 2012 Kincardine Community Medical Centre Lower Level Flooring Replacement Kincardine, Ontario Parkin Architects Limited 1 Valleybrook Drive Toronto, Ontario, M3B 2S7 Tel: (416) 467 -8000; Fax: (416) 467 -8001 1 ADDENDUM 1.1 INTENT 1.1.1 This Addendum is issued during Bidding and shall form part of Bidding and Contract Documents for above Project. 1.1.2 Except as otherwise specified herein, or as shown on accompanying Drawings, Sketches, work required by this Addendum shall be in accordance with specifications dated January 23, 2012, and Drawings accompanying same. 2 SPECIFICATIONS - INTRODUCTORY INFORMATION. BIDDING REQUIREMENTS, CONTRACTING REQUIREMENTS AND CONSTRUCTION PRODUCTS AND ACTIVITIES, DIVISIONS 1 TO 9 INCLUSIVE 2.1 DOCUMENT 00 21 13 - INSTRUCTION TO BIDDERS • 2.1.1 Delete subparagraph18.1.2 in its entirety and substitute with following: "18.1.2 Site phasing to be staged maintaining access to fire exits. Contractor shall coordinate temporary shut down of fire alarm system as required. " 2.2 SECTION 01 35 16 - PROJECT ALTERATIONS AND REPAIRS 2.2.1 Add new paragraph 3.5.5: "3.5.5 Landfill fees for disposal of demolition debris to be carried by Owner." 2.3 SECTION 07 18 13 - EPDXY FLOOR COATINGS 2.3.1 Delete subparagraphs 2.1.1.1 to 2.1.1.5 and 2.1.1.7 to 2.1.1.8 in its entirety. 2.3.2 Delete subparagraphs 2.2.1.1 to 2.2.1.6 and 2.2.1.8 to 2.2.1.9. 2.3.3 Note: Stonkote GS4 by Stonehard is the existing epoxy coating used in Mechanical Room 114 and is the only acceptable product for locations where indicated in the Documents. Colour to match existing. 2.4 SECTION 09 30 00 - CERAMIC TILE 2.4.1 Delete Part 2 subparagraph .1 in its entirety and substitute with following: PROJECT NO. 0813-01 r PARKIN PAGE 00 90 01 -1 ©PARKIN ARCHITECTS LIMITED a•:.ra:rx ur.n 2012JANUARY29 ADDENDUM NO.: 1 DOCUMENT 00 90 01 January 29, 2012 Kincardine Community Medical Centre Lower Level Flooring Replacement Kincardine, Ontario ".1 Mortar Bed: unmodified thin set mortar - conforming to ANSI A118.1." 2.4.2 Add new paragraph Part 2 subparagraph .7: ".7 Flexible Sealant: Flextile Tile & Grout Caulk shall be used at interface of tile and millwork toe -kick at Pharmacy shelving. Provide in colour to match surrounding grout. Maintain 2:1 width /depth ratio: maximum joint size shall be 6mm (1/4 ") x 6mm (1/4 ") depth. " END OF ADDENDUM • 4111 PROJECT NO. 0813-01 iti PA RK 1 N PAGE 00 90 01 - 2 © PARKIN ARCHITECTS LIMITED 2012 JANUARY29 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 01 35 16 LOWER LEVEL FLOORING REPLACEMENT PROJECT ALTERATIONS AND REPAIRS • PART1- GENERAL 1.1 GENERAL 1.1.1 Read and conform to: 1.1.1.1 The General Conditions of the Contract 2. 1.1.1.2 Comply with Division 1 requirements and documents referred to therein. 1.2 SUMMARY 1.2.1 Work Included: Provide miscellaneous general work including but not limited to following: 1.2.1.1 examination and acceptance of existing conditions 1.2.1.2 removal of existing flooring and adhesive 1.2.1.3 preparation of existing substrates 1.2.1.4 installation of new floor finishes and base. 1.2.1.5 repair and make good all damaged surfaces 1.3 QUALITY ASSURANCE 1.3.1 Use labour with a minimum of five years experience, skilled in the trade being performed. PART 2- PRODUCTS 2.1 MATERIALS 2.1.1 Where specification requirements include design of a Product or system, and minimum material requirements are specified, design of such Product or system shall employ materials specified within applicable Section. Where materials or components are not specified, Contractor shall augment materials with those of its choice within applicable Code limitations while maintaining integrity of design and architectural requirements. PART 3 - EXECUTION 3.1 EXAMINATION 3.1.1 Acceptance of Conditions: 3.1.1.1 Examine site at no cost or risk to Owner for all matters relating to Work, extent of Work, means of access and egress, all obstacles, rights and interests of other parties which may be interfered with during execution of Work, all conditions and limitations Contractor to take into consideration in performing Work, including obstructions, existing structures or facilities, local conditions, actual levels, character and nature of Project, and any other consideration which may affect performance of Work. • PROJECT NO.0813 -01 lrto PARKIN PAGE 01 35 16 -1 ©PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 01 35 16 LOWER LEVEL FLOORING REPLACEMENT PROJECT ALTERATIONS AND REPAIRS 3.2 PREPARATION • 3.2.1 Provide protection to adjacent Work and obtain Consultants approval regarding adequacy and type of protection provided. 3.2.2 Plan, schedule and coordinate alterations to accommodate on -going operations of Ownerwith minimal disruption. 3.3 EXECUTION 3.3.1 Make Good surfaces and finishes damaged or disturbed due to Work of this Contract to match existing. Ensure materials used to repair damage is compatible with existing Work. 3.3.2 Except where specified otherwise, use each Product in accordance with manufacturer's published or written instructions, specifications or recommendations regarding handling, storage, preparation, site conditions, ancillary Products or accessories, methods of installation, protection and cleaning. Submit copy of such instructions, and indicate if and where there is discrepancy between them and requirements of specifications and obtain direction. 3.4 ALTERATIONS AND REPAIRS 3.4.1 Perform work in a manner such as to cause a minimum of noise and interference to use of existing premises and services. Provide maximum safety for occupants during work. 3.4.2 Throughout entire construction period, Provide proper and safe means of fire exit from all zones of existing building at all times, to approval of authorities having jurisdiction. III 3.4.3 During performance of work, adequately protect work completed and in progress, and existing work to remain, such as floors, finishes, trim, and similar components, as completely as possible to minimize replacement of damaged work by each Subcontractor and trade. Work damaged or defaced due to failure to Provide adequate protection shall be repaired, or removed and replaced as directed by Consultant. 3.5 REMOVAL OF FLOORING AND PREPARATION OF SUBSTRATE 3.5.1 Prepare existing surface acceptable to Consultant, suitable and compatible with subsequent applied underlayment or applied finish. Remove existing flooring and bases where indicated. Remove flooring and adhesive /setting bed materials completely, down to concrete substrate. 3.5.2 Remove ridges and trowel marks and scrape substrate to a smooth level surface. 3.5.3 Fill new and existing depressions, dished areas, low spots, voids, gaps, cracks, joints, holes and other substrate defects with skim coat and self - leveling topping to achieve a flat substrate to within following tolerances: 3.5.3.1 3 mm (1/8") total maximum deviation ± along a 3000 mm (10') straight edge applied omni - directionally over entire floor area. 3.5.3.2 Bonding Slurry: "Surfacrete Concentrate" by Sika Canada. or "Acrylic Additive" by Chemrex Inc. PROJECT NO.0813 -01 PARKIN 1 N PAGE 01 35 6 1 - 2 • � ©PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 01 35 16 LOWER LEVEL FLOORING REPLACEMENT PROJECT ALTERATIONS AND REPAIRS • 3.5.3.3 Self- Levelling Topping: 3.5.3.4 Maxxon Canada Level Right -FS 10, Cementitious Self- Leveling Poured Floor Underlayment: Floor, Level Right -Plus, Level -Right or Commercial Topping in accordance with manufacturer's recommendations 3.5.4 Provide skim coats, primers and bonding agent slurries to neutralize residue adhesives and setting beds and to Provide a suitable substrate to receive scheduled floorings in accordance with manufacturer's instructions. END OF SECTION • • PROJECT NO.0813 -01 .11 40 PARKIN PAGE 01 35 16- 3 © PARKIN ARCHITECTS LIMITED *•. `TS 111 *•r• ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 01 35 33 LOWER LEVEL FLOORING REPLACEMENT INFECTION PREVENTION AND CONTROL PART 1 - GENERAL • 1.1 GENERAL INSTRUCTIONS 1.1.1 Read and conform to: 1.1.1.1 The General Conditions of the Contract CCDC 2. 1.1.1.2 Comply with Division 1 requirements and documents referred to herein. 1.1.1.3 Conform with the requirements of CSA Z317.13 -07, Infection Control During Construction or Renovation of Health Care Facilities. Where there is a conflict between the requirement of that standard and this specification conform to the more restrictive requirement. 1.2 REFERENCES 1.2.1 CSA Z317.13 -07 - Infection Control during Construction or Renovation of Health Care Facilities 1.3 TEMPORARY MEASURES 1.3.1 Dust Control: 1.3.1.1.1 Provide temporary dust proof partitions to prevent dust infiltration into adjacent areas during construction. 1.3.1.1.2 Block off supply and return to prevent dust infiltration into adjacent areas during construction. 1.3.1.1.3 Ensure windows, doors, plumbing penetrations, electrical outlets and intake and exhaust vents are properly sealed with plastic and taped within construction areas. • 1.3.1.1.4 Vacuum work area with HEPA filtered vacuums daily or more frequently if needed. Vacuum air ducts and spaces above ceiling if necessary. 1.3.1.1.5 Ensure workers wear protective clothing that is removed each time they leave construction area before going into patient care areas. Ensure all personnel entering construction areas wear shoe covers. 1.3.1.1.6 Execute work by methods that minimize dust generation from construction activities; wet mop and vacuum as necessary; provide means to minimize dust migration into atmosphere by using drop sheets, by water misting work surface before cutting and by placing dust mat at entrance to and exit from work areas. 1.3.1.1.7 Do not remove temporary dust proof partitions until Project is complete and area has been cleaned thoroughly and inspected by hospital administrators. 1.3.1.1.8 Remove dust barrier carefully to minimize spreading dust and other debris particles associated with construction. 1.3.1.1.9 Maintain construction areas clean and clear of debris throughout work. Remove debris at end of each Day. END OF SECTION • PROJECT NO. 0813-01 � PARKIN PAGE 01 35 33 -1 © PARKIN ARCHITECTS LIMITED ARO, Ti . *R ILA *.r. ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 07 18 13 LOWER LEVEL FLOORING REPLACEMENT EPDXY FLOOR COATING PART1- GENERAL 1.1 GENERAL INSTRUCTIONS 1.1.1 Read and conform to: 1.1.1.1 The General Conditions of the Contract 2. 1.1.1.2 Comply with Division 1 requirements and documents referred to herein. 1.2 SYSTEM DESCRIPTION 1.2.1 Performance Requirements: Waterproofing treatment shall prevent passage of water under pressure and capable of spanning cracks up to 1.5 mm (1/16 ") without failure. 1.3 QUALIFICATIONS 1.3.1 Qualifications: Provide work of this Section executed by competent installers with minimum of 5 years experience in application of Products, systems and assemblies specified and with approval and training of Product manufacturers. 1.3.2 Provide membrane manufacturer's supervision during preparation and application. 1.4 DELIVERY, STORAGE AND HANDLING . 1.4.1 Protection: Protect surfaces which are not to be treated from soiling by spillage, overspray or other causes in connection with work of this Section. 1.5 WARRANTY 1.5.1 Warrant work of this Section for period of 2 years against defects and /or deficiencies in accordance with General Conditions of the Contract. Promptly correct any defects or deficiencies which become apparent within warranty period, to satisfaction of Consultant and at no expense to Owner. 1.5.2 Cracks arising from normal shrinkage and /or expansion of concrete shall not be considered as structural failure. Hairline cracks which result from these causes shall be considered normal and consequently warranty shall not be voided as a result of these minor defects. PART 2 - PRODUCTS 2.1 MANUFACTURERS 2.1.1 Products of following manufacturers are acceptable subject to conformance to requirements of Drawings, Schedules and Specifications: 2.1.1.1 CPD Construction Products; www,cpcLca 2.1.1.2 Chemrex www.chemrex.com • PROJECT NO. 0813-01 PARKIN PAGE 0718 13 -1 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 0718 13 LOWER LEVEL FLOORING REPLACEMENT EPDXY FLOOR COATING 2.1.1.3 Duochem Inc.; www.duochem.com 2.1.1.4 Niagara Protective Coatings; www.niacoat.com 2.1.1.5 Sika Canada Inc.; www.skia.ca 2.1.1.6 Stonhard; www.stonhard.corn 2.1.1.7 TBS Inc.; www.tbsproducts.com 2.1.1.8 Tremco Canada; www.tremcosealants.com 2.2 MATERIALS 2.2.1 Epoxy Floor Coating (EFC): Elastomeric waterproof membrane and 2 component flexible, flame retardant epoxy topping capable for pedestrian traffic. Provide UV protection coating when used exterior. Provide 1 of following: 2.2.1.1 "CipadeckTM Membrane with CipadorTM E- 400 ", by CPD Construction Products, 0.965 mm (38 mils). 2.2.1.2 "ConipurO I I Deck Coating System by Chemrex 2.2.1.3 "Resoclad Type II" by Duochem Inc., 0.965 mm (38 mils). 2.2.1.4 "Epoxal 100 FM" by Niagara Protective Coatings. • 2.2.1.5 "Merdeck" by TBS Technical Barrier System Inc., 30 -50 mils. 2.2.1.6 "MRW (Mechanical Room Waterproofing) System" by Sika Canada Inc., membrane and top coat total thickness: 0.762 mm (30 mils). 2.2.1.7 "Stoneproof ME7 plus Stone Kote GS4" by Stonhard. 2.2.1.8 "MRW 1000" by TBS Inc., 0.762 mm - 1.270 mm 30 - 50 mils . 2.2.1.9 "Vulkem 360/951 NF Pedestrian Deck Coating system" by Tremco Canada, 0.762 mm - 1.270 mm (30 - 50 mils). PART 3 - EXECUTION 3.1 EXAMINATION 3.1.1 Before applying waterproofing membrane, examine preceding work of other trades for defects detrimental to application or performance of waterproofing membrane. Report defects to Consultant in writing for correction before work progresses. Commencement of work shall imply acceptance of all conditions. 3.2 PREPARATION PROJECT NO. 0813-01 S PARKIN PAGE 071813 -2 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 07 18 13 LOWER LEVEL FLOORING REPLACEMENT EPDXY FLOOR COATING • 3.2.1 Free surfaces to receive work of this Section from dust and loose particles, grease, paint, frost, form oil and other material detrimental to bond of membrane traffic topping. Employ steam cleaning where necessary to remove form oil. 3.2.2 Acid etch, sandblast, or abrade and clean using a steel shot blast machine having vacuum pick -up, whichever is deemed necessary, depending on condition of concrete. 3.2.3 Substrate surfaces shall be free from cavities and /or shutter marks which will damage traffic topping membrane. 3.2.4 Ensure surfaces are dry at commencement of work and cured minimum of 28 Days. Remove all dust and dirt with industrial type vacuum cleaner. 3.2.5 Ambient and surface temperatures shall be at least 10 deg C (50 deg F) for a minimum period of 48 hours before, during and after membrane application. 3.2.6 Ensure substrates slope properly to drains. 3.3 APPLICATION 3.3.1 Preparation of substrate, crack control and membrane application shall comply with detailed requirements recommended by membrane manufacturer. 3.3.2 Apply primer at coverage rate recommended by manufacturer for particular surface porosity. Do not permit primer to collect in pools. Prevent seepage through joints. Allow to dry • thoroughly. 3.3.3 Apply 13 mm x 13 mm (1/2" x 1/2 ") cant to all internal angles. Cant shall be a 2 part rubber set sealant and compatible with waterproofing membrane. 3.3.4 Provide membrane in thickness specified in addition to crack treatment membrane application. 3.3.5 Apply top coat, and minimal amount of silica aggregate for slip resistance, in accordance with approved samples. 3.4 FIELD QUALITY CONTROL 3.4.1 Inspect work of other Sections where such is associated with waterproofing membrane system including placement, finishing and curing of concrete substrate. 3.4.2 Consultant may engage services of an independent inspection and testing company to carry out inspection and testing of materials and application. 3.4.3 Cost of such inspection and testing for Consultanfs quality control, if required, shall be paid by Owner. 3.5 CLEANING 3.5.1 Clean and Make Good to Consultants satisfaction, surfaces soiled or otherwise damaged in connection with work of this Section. Pay cost of replacing finishes or materials that cannot be • PROJECT NO. 0813-01 PARKIN PAGE 071 1 - 8 3 3 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 0718 13 LOWER LEVEL FLOORING REPLACEMENT EPDXY FLOOR COATING satisfactorily cleaned. • END OF SECTION • PROJECT NO. 0813-01 10 PARKIN PAGE 071813 -4 © PARKIN ARCHITECTS LIMITED F...• *x .. ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 30 00 LOWER LEVEL FLOORING REPLACEMENT CERAMIC TILE FLOOR FINISH • PART 1 - GENERAL .1 Read and conform to: .1 the ContractCCDC 2 -2008, Stipulated Price Contract as amended in the Contract Documents; .2 Division 1 requirements and documents referred to therein. .2 Description of Work: .1 Work includes design, supply, and installation of porcelain tile floor finish and related accessories required to complete the work as specified herein. .2 Porcelain tile over structural concrete slab with rubber base, over uncoupling membrane. .3 Design and Performance Requirements: .1 Perform work only by an applicator of recognized standing who has adequate plant, equipment, and skilled workers to perform it expeditiously, and is known to have been responsible for satisfactory applications similar to that specified during a period of at least 5 years and is a certified member in good standing with the Terrazzo, Tile and Marble Association of Canada. .2 Uncoupling membrane system shall be installed by an applicator approved by system manufacturer, and having a minimum of 5 years proven satisfactory experience in this type of work. .3 Install tile in accordance with specifications prepared by the Terrazzo, Tile and Marble Association of Canada which are contained in their Tile Installation Manual 2002. .4 Begin laying floor tile at a building control joints or expansion joints in both directions. The edge of the tile at the joint shall be a manufactured edge. In absence of building control joints or expansion joints begin laying floor tile in centre of room, adjust centre line so that perimeter tiles • are not less than 1/2 full size. .5 All porcelain tile shall be installed with "back buttering" to provide good adhesion. All tiles should be fully bedded with 100% coverage of adhesive on the back of the tile. Ensure all tiles have proper edge support and corners of tiles are well supported. .6 Joints shall be 3 mm wide between porcelain tile units and grouted solid. .7 Provide control joints in porcelain tile floors at maximum 5 m oc in both directions except areas exposed to moisture and direct sunlight, control joint spacing shall be maximum 3.6 m. Also locate control joints in tile floors over control joints in concrete substrate. joints must extent through tiles and bedding to substrate, .8 Wash unglazed surfaces with tile cleaner. .9 Caulk around all pipes and openings made in ceramic tile, with Sealant. .10 Fit tile units around corners, fitments, fixtures, drains and other built -in- objects to maintain uniform joint appearance. Cut, drill and set anchors, bolts for fastening fixtures and fittings in tile work. Make cut edges smooth, even and free from chipping. Do not split tile. .4 Submittals: .1 Product Data: Submit manufacturer's Product data and installation instructions for each material and Product used. .2 Shop Drawings: Submit Shop Drawings in accordance with Section 01 30 00. Ensure Shop Drawings indicate material characteristics, details of construction, connections and relationship with adjacent construction. Where required, ensure Shop Drawings are prepared and stamped by a professional engineer licensed in the Province of [Ontario] • PROJECT NO. 0813 -01 PARKIN PAGE 09 30 00 - 1 0 PARKIN ARCHITECTS LIMITED ISSUED FOR BID 23 JANUARY 2012 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 30 00 LOWER LEVEL FLOORING REPLACEMENT CERAMIC TILE FLOOR FINISH .3 Samples: Submit 300 x 300 mm sample panels of each tile type specified. Ensure sample • shows full size control joint with sealant applied. .5 Quality Assurance: .1 Comply with governing codes and regulations. Provide Products of acceptable manufacturers, which have been satisfactorily used in similar service for a minimum period of 5 years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. .6 Warranty .1 Ceramic Tile Flooring: Warrant work of this Section for a period of 5 years against defects, excessive wear, and loss of adhesion including replacement of defective tile work, materials, labour costs for demolition of defective work, accessories, and installation systems at Owner's convenience. Defective work includes without limitation, tiles broken in normal use due to deficiencies in setting bed, loose tiles or grout and similar defects which can be attributed to poor performance of work or defective materials. Refer to enclosed warranty from Schluter Systems for requirements and conditions. PART 2 - MATERIALS .1 Mortar Bed: unmodified thin set mortar or full coverage fast set mortar No. 62 by Flextile Ltd - conforming to ANSI A118.1, A118.4, A118.11. .2 Uncoupling Membrane, Schluter - DITRA: Description: 1/8 inch (3 mm) thick, orange, high- density polyethylene membrane with a grid structure of 1/2 inch x 1/2 inch (12 mm x 12 mm) square cavities, each cut back in a dovetail configuration, and a polypropylene anchoring fleece laminated to its underside. Conforms to definition for uncoupling membranes in the Tile Council of North America Handbook for Ceramic Tile Installation; and meet or exceed the requirements of the "American national standard specifications for load bearing, bonded, waterproof membranes for thin -set ceramic • tile and dimension stone installation A118.10," and is listed by cUPC ®, and is evaluated by ICC -ES (see Report No. ESR- 2467). .3 Seaming Membrane, Schluter - KERDI BAND: Description: 0.008 inch (0.2 mm) thick, orange polyethylene membrane, with polypropylene fleece laminated on both sides, which meet or exceed the requirements of the "American national standard specifications for load bearing, bonded, waterproof membranes for thin -set ceramic tile and dimension stone installation A118.10," and is listed by cUPC ®, and is evaluated by ICC -ES (see Report No. ESR- 2467). .4 Portland Cement Grout: Premixed, dry -set, portland cement grout. Material shall be non - toxic, low colour, water cleanable and manufactured to exceed ANSI 118.3, A118.6, A118.7, A118.8 shall conform to ANSI 118.3, A118.6. .5 Sealer: Penetrating Sealer as recommended by tile manufacturer to suit tile selected. .6 Porcelain Tile: Hard and dense with inherent through colour, to meet specified requirements of Standard CAN/CGSB- 75.1 -M88. .1 Type CT -101 Supply 305mm x 610 mm (12" x 24 ") size matte unglazed porcelain floor tiles "Regal ", colour: Olive, NY.RG.OLV.1224.MT by Olympia Tile International Inc. .2 Type CT -102 Supply 305mm x 610 mm (12" x 24 ") size matte unglazed porcelain floor tiles "LAB ", colour: Beige, LB 03 NAT by Olympia Tile International Inc. .7 Cleaner: To conform to # 1000 Series of Terrazzo, Tile and Marble Association of Canada. .8 Divider Strips: Stainless steel edge, continuous at all exposed tile edges, depth as required to suit tile thickness. .9 Extruded Aluminum components with height of profile and type to suit design requirements and installation requirements shall be manufactured by Schluter- Systems Inc., and are listed PROJECT NO. 0813 -01 r PARKIN PAGE 09 30 00 - 2 • PARKIN ARCHITECTS LIMITED S ISSUED FOR BID 23 JANUARY 2012 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 30 00 LOWER LEVEL FLOORING REPLACEMENT CERAMIC TILE FLOOR FINISH • hereinafter by Product number: .1 Schluter - SCHIENE shall be used in conjunction with other floor covering; .2 Schluter RENO -T shall be used to adjoin different type of floor coverings of same height .3 Schluter - RENO -TK shall be used to provide smooth transition between tiled surfaces and lower neighboring floor covering. .4 Schluter - RENO -U shall be used to provide smooth transition between floor covering of different heights. .5 Schluter - RENO -V with variable transition leg shall be used for smoothly joining floor covering of different heights. .6 Schluter - RENO -RAMP shall be used to create a gradual transition between tiled surfaces and lower neighboring floor covering. Suitable in areas where carts are being used.. Provide at doors 112.1, 114.1, 123.1. PART 3 - EXECUTION .1 Installation: .1 Do tile work in accordance with Installation Manual 2002 produced by Terrazzo Tile and Marble Association of Canada (TTMAC) as amended, except where specified otherwise. Prepare concrete slab including mechanical scarification or shot blasting and provide uncoupling membrane and seaming membrane at all seams in accordance with manufacturer's recommendations. .2 Apply tile to clean and sound surfaces. Cut and fit tile around corners, fitments, fixtures, drains and other built -in objects. Shim clean -out covers and drains to accomodate thicker floor assembly . Drill holes for fixing accessories of other trades. Maintain uniform joint appearance. • Cut edges smooth and even. Maximum surface tolerance 1:800. Make joints between tile uniform and approximately 1.5 mm wide, plumb, straight, true, even and flush with adjacent tile. Ensure sheet layout not visible after installation. Align patterns. Lay out tiles so perimeter tiles are minimum 1/2 size. Sound tiles after setting and replace hollow- sounding units to obtain full bond. Make internal angles square, external angles rounded or bullnosed. Use round or bullnose edged tiles at termination of wall tile panels, except where panel abuts projecting surface or differing plane. Install divider strips at junction of tile flooring and dissimilar materials. Allow minimum 24 h after installation of tiles, before grouting. Ensure locations of control joints are indicated. Make control joints where required. Make joint width same as tile joints. Fill control joints with sealant, keep building expansion joints free of mortar and grout. .2 Cleaning: .1 After tile has been polished, clean with dry cloths, and allow to cure per manufacturer's recommendations. .3 Phasing: .1 Phase 1A in Pharmacy 121, Consult 121A, Storage 121B, Office 121C and Corridor 103 must be completed between 8PM February 17, 2012 and 6AM February 21, 2012. All removal and re- installation of shelving and furniture by others. .2 Phase 1B work in Corridor 109 to be completed during regular hours. .3 Phase 2 and 3 to be completed during regular work hours. .4 For reference purposes, each phase is as noted on Drawings. .5 Phases 1B, 2 and 3 may be completed in any sequence before or after Phase 1A subject to coordination with the owner PROJECT NO. 0813 -01 \t PARKIN PAGE 093000 -3 0 PARKIN ARCHITECTS LIMITED ISSUED FOR BID 23 JANUARY 2012 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 30 00 LOWER LEVEL FLOORING REPLACEMENT CERAMIC TILE FLOOR FINISH s * S z € s •„ ;# • a ., a -�:, ,.:: -v�*�' �-'. 41 ; ' . 13ai;.. h u er _ I & h u N— - L 5-Year Limited Warranty Sut4Ect to the conditicos all limitations as slated hereinafter. Schluter Systeme wafranta that Scirbtter'+_DfTRA and Schlutero -MIRA-XL ahe Trodudel w.i meet ail composition and perfamarros criteria f€r a period of free l 3 years from the date of purchase only wt tan the Raids are used and installed in ae cordsrrca with the terms and sonde of the € r 1JffRA Instrestion ria d000k ard industry staytard gideanea that are not in conflict with tha Handbook. if the Rook= fat to mee rtes warranty, Schkrter Systems, at its election, writ at1 restat or replace the Tasked partien tithe deer coasting amity or to pay an ama rsa not to aucead the original spa foot coat of the installation of the floor =raring asaatrtly shown to ba defecate.. tamer covering is defined to Thdurda ate SeltiluterADITRA and S DfTRA -XL materiels, ron-sausable ffcerirg su#sce% and iha appropriate setting and goring matert Furth due to conditions tad the control of &Haar So ares (e.g., cc1or and chase availability, discontinuation, rxrmai wear and tear} Sarihtatsr Systems canna warrantee cc %arrant an exact nth to the specific the. atones, or otter fkssei:,g materials treed in de instalation. trt such events, siketantiray simtar material maybe substituted WANIANTY DER: THEM/IRE NO 'WARRANTIES BE YOM M THIS EXPRESSED WARRANTY AS STATED ABOVE ALL. OTHER WARRANTIES, REPITEMNTATIMIS OR COMMONS, E SSED OR IMPDJE9, ARE D4SCLA1RE13 AND EXCLUDER, INOLUONG WARRANTIES, REPRESENTATIONS OR OO DU1ONS OF Nt RC ANTABRIT Y OR FITNESS FORA PARTIOLLARPLERPOSEARIMIG BY STATUTE OROTFERWISE BYLAW GR FROM AODUR OF DEALING OR USAGE OF TRADE. SCHLUJTER SYSTEMS EX AND Al NO EVENT SHALL HAVE ANY UNNITY FOR LOST PROFITS OR ANY OTFER INDIRECT, SPECIAL, INCIDENTAL, RJMTtVE, EXEMP AMf,, OR DAMAGES. ARISNG OUT CIF OR ONERNISE CONNECTED TO RACINE OF THE paocucrs OR FLOORING SYSTEM OF WHICH THEY ARE PAf3T NOR MISUSE CF THE PROCUCTS OR FLOORING SYSTEM, REGARD! t=om OF ANY STRICT L1ABllufV; ACME OR PASSIVE NE43 JGENCE OF SCHLUTER SYSTEMS, AND REGARDLESS OF THE LEGAL THEORY (CONTRACTOR TORT OF EJCTRA- CONTRACTI.W. OR OTHER, NOR FROM ACTS OF WAR. TERRORSki( FAULTY AND IESUGENT PENETRATION OF TFE SYSTEM, ACTS OF , INTElsIT1CMAL ACTS OF DESTRUCTION OR ANY LOSSES DUE TO STRJCTURALFAtURE Cat 0114ER CAUSES UPFELATED TO TEE PRODUCTS OR DELAYS, OR ANY OTHER INCCENTAL OR CONSEMENTIAL DAMAGE THIS WARRANTY 1S GIVEN IN UR) OF ANY OTHER VitAFFANrf EXPRESSED OR IMPLIED. THE REMEDIES CONTAINED HERE*/ AFE THE CYALY REMECES AVAILABLE FCR NCH OF TIM WARRANTY,. NO ASSIGNKEPIE Tt Limited Warranty extends MAY to las dignial and -tsar (defined as homeowner - owner of his poemaaMr t miner) for sales made ONLY ih tt3 United States and Canada and is not transferable to agile urksa otharraise prohibited by specific orate or provincial kw • SUfrA MITY OF E • IT TEE FESPONS1MUDY OF MINER' ER' BUILDER' INSTALLER TO ENSURE THE S JITABILlTY OF ALL BUILDING MATERIALS AND ALL ASSOCLATED BUILDING MATERIALS FOR TFE OWNER'S INTENDED USE IT i5 RECOMMEMED THAT TEE OWNER CONSULT WITH AN EXPERIENCED AM) FROFEMIONAL INSTALLER. CLAMS ON THIS LIMBED RANTY_ To make a claim a sler this Lirrntad Warner* the ewer ream dnorida S#Yuter Systems with written notice within SO days of any alleged defect in the Roducts covered by this United Warranty together we date and Roof of pitroftiase of til3 %OULU, prose of the cogs of the or installation and stria and address of al installers, fang which this United W a r r a n t y s h a t the of l e g a l e f f e c t . S c h l u t e r S y s t em reserves she raft a t i t s election and as a conrition of Iris tinted Warra iyto impact the aiaged faded and defective condition. This warranty shall auperaede.and replace ant and al price oral or w tttan warranties, agreements;, or other mph repastortstittns made by ce on tit of Systems roues to the Recta cr the apfiicat3on of the Products rated anal apply to any Instaktecn °coasting on or after Six 10, . do changes or ma d oor at any bawls or � of war y are Mowed anises authorised by agreernert and signed by the General M tgar or an Officer of&MuterS LR 'For the puppets of tra - warranty Schluter Syat ma LR and pra.ide the warranty for al prodbats for end users located in the tkitad Stag and Se1tute€ Sys Etm ahai preside the w array is e l preobeta for end users located ate Canada. Schluter Systems LR and Surer *alarm bro. are ablated onrnpantes. Ai 1L S Ctsims stall be sent t Sdhtter Systems Lf? Attu Warranty Marna Dept. s '104 fist Ridge Road Reatshcrgh, F York 12901 Al Canadian Claims suet be sent tax S er Systems (Canada) .. `T _.. Mn: V Cana i / 21100 4 1_ Ste-Marie Ste, se- da-Befialue. CC Hox 8 WARRANTY 35 END OF DOCUMENT • PROJECT NO. 0813 -01 r PARKIN PAGE 09 30 00 - 4 nRCNITECI, LIMITED • PARKIN ARCHITECTS LIMITED ` ISSUED FOR BID 23 JANUARY 2012 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 65 30 LOWER LEVEL FLOORING REPLACEMENT RESILIENT BASE PART1- GENERAL 1.1 GENERAL INSTRUCTIONS 1.1.1 Read and conform to: 1.1.1.1 The General Conditions of the Contract 2. 1.1.1.2 Comply with Division 1 requirements and documents referred to herein. 1.2 QUALITY ASSURANCE 1.2.1 Qualifications: Surface burning characteristics to CAN/ULC- S102.2 -M. Flame Spread 25 or less; Smoke Developed 50 or less. 1.2.2 Applicator Qualifications: Provide work of this Section executed by competent installers with minimum of 5 years experience in application of Products, systems and assemblies specified, including 2 years in heat welding of seams and with approval and training of the Product manufacturers. Upon request, Provide proof of manufacturer's certificate to Consultant prior to commencement of installation. 1.3 DELIVERY, STORAGE AND HANDLING 1.3.1 Deliver materials in good condition to site in manufacturer's original unopened containers that bears name and brand of manufacturer, Project identification, shipping and handling 4110 instructions. 1.3.2 Store on site in designated space at minimum temperature of 20 deg C (68 deg F) for period of 48 hours immediately prior to, during and after installation. Store goods in rolls only. 1.4 PROJECT CONDITIONS 1.4.1 Provide each flooring Product in accordance with manufacturer's recommended tolerances for: substrate moisture content, temperature and ventilation. 1.5 WARRANTY 1.5.1 Warranty resilient bases for a period of 3 years from date of Substantial Performance of the Work against defects and /or deficiencies in accordance with General Conditions of the Contract. Promptly correct any defects or deficiencies which become apparent within warranty period, to satisfaction of Consultant and at no expense to Owner. Defects include but are not limited to; failure in adhesive bond and extensive colour fading. 1.6 MAINTENANCE 1.6.1 Extra Materials: Supply to Owner at completion of job 6000 mm (20' -0 ") of coil stock of each type of resilient base in colours specified for future repairs, boxed in original containers and clearly labeled. Extra stock shall be same production run as installed Products. Store extra stock in location as directed later by Consultant. PART 2 - PRODUCTS • PROJECT NO. 0813-01 S r PARKIN PAGE096530 -1 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY 23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 65 30 LOWER LEVEL FLOORING REPLACEMENT RESILIENT BASE 2.1 MANUFACTURERS • 2.1.1 Products of following manufacturers are acceptable subject to conformance to requirements of Drawings, Schedules and Specifications: 2.1.1.1 Johnsonite Division of Duramax Inc.; www.johnsonite.corn 2.1.1.2 American Biltrite Ltd.; www.american- biltrite.com 2.2 MATERIALS 2.2.1 Resilient Base (RB- 101,RB -102): 2.2.2 Supply rubber cove base 3 mm (1/8 ") thick x 100 mm (4 ") high, vulcanized rubber, in coil lengths, top set with coved toe with pre- manufactured inside and outside corners. Base shall meet performance and dimensional requirements of ASTM F- 18661, Type TP, Group 1, Class C Fire Resistance Rating. Colours selected by Consultant from manufacturer's full range including designer colours. Provide "Rubber Wall Base" by Johnsonite, or "Marathon Rubber Base" by American Biltrite (Canada) Ltd. 2.2.3 Surface fillers and primers: Types and brands approved, acceptable to resilient base manufacturers for applicable conditions. Use non - shrinking latex compound. 2.2.4 Resilient base adhesives: Waterproof, clear setting type and brands as recommended by resilient base manufacturer. PART 3 - EXECUTION 411 3.1 EXAMINATION 3.1.1 Examine wall surfaces to ensure that they are dry, clean, level and free from cracks, ridges a dusting, scaling and carbonation, which might preclude a satisfactory installation. Remove irregularities and fill depressions with non - shrinking latex (epoxy) compound. This Subcontractor shall check that the primer, adhesive and filler of this section are compatible. Report in writing, all errors, defects and discrepancies immediately to Consultant. Do not commence with work until unsatisfactory conditions have been corrected. 3.1.2 Failure to report unsatisfactory conditions will be construed acceptance and approval of substrate conditions. Commencement of work shall imply acceptance of substrate with regard to conditions of substrate at time of installation. 3.2 INSTALLATION 3.2.1 Resilient base work shall be performed by experienced and competent workers in strict accordance with manufacturers written instructions for material concerned. 3.2.2 Resilient base work shall be handed over to Owner free of blemishes and in perfect condition. 3.3 CLEANING 3.3.1 Remove excess adhesive from floor, base and wall surfaces without damage. • PROJECT NO. 0813-01 ~� PARKIN PAGE 09 65 30- 2 © PARKIN ARCHITECTS LIMITED ISSUED FOR BID - 2012 JANUARY23 KINCARDINE COMMUNITY MEDICAL CENTRE SECTION 09 65 30 LOWER LEVEL FLOORING REPLACEMENT RESILIENT BASE • 3.3.2 Clean, seal and wax floor and base surface to flooring manufacturer's instructions. END OF SECTION III • PROJECT NO.0813 -01 c PARK 1 N PAGE 09 65 30- 3 © PARKIN ARCHITECTS LIMITED ��•� .�...x �� *F� ISSUED FOR BID - 2012 JANUARY 23 ti QUANBURY ‘1111111111111 Sales- service - installation RESIDENTIAL /COMMERCIAL Specializing in Carpet- Ceramic -Vinyl -Wood 7674 County Road #91 • RR #4 • Stayner • ON • L0M 1S0 Phone (705) 428 -5467 Fax (705) 428 -5576 March 5, 2012 The Muncipality of Kincardine Municipal Administration Centre 1475 Concession 5 • R.R.5 Kincardine, ON N2Z 2X5 Owner: The Municipality of Kincardine Architect: Parkin Architects Limited Project: Kincardine Community Medical Centre Lower Level Flooring Replacement Project No. 0813 -1 Location: 44 Queen Street North Kincardine •ON N2Z 3C1 Description: Section 09 30 00 Ceramic Tile Floor Finish Section 09 65 30 Resilient Base We hereby undertake to warrant all materials supplied and installed under our contract. This warranty shall not apply to defects caused by the work of others, maltreatment of materials, negligence as only on behalf of materials, negligence as only on behalf of the owner or acts of God. This warranty shall remain in effect for a period of One (1 ) year from date of substantial completion. Extended Warranty: Section 09 30 00 Ceramic Tile Floor Finish: This warranty shall remain in effect for a period of Five (5) years from date of substantial completion. Section 09 65 30 Resilient Base: This warranty shall remain in effect for a period of Three (3) years from date of substantial completion. Yours truly, Quanbury Contract Interiors Mike Qua Encl. • A10911111 QUANBURY WARRANTY & MAINTENANCE Owner: Municipality of Kincardine Architect: Parkin Architects Limited Project: Kincardine Community Medical Centre Lower Level Flooring Replacement Project No. 0813 -1 Location: 44 Queen Street North Kincardine • ON N2Z 3C1 INDEX SHEET Section 09 30 00 Ceramic Tile Floor Finish • Terrazzo, Tile and Marble Association of Canada 10 Pages • Schluter System 1 Page Section 09 65 30 Resilient Base • Johnsonite Rubber/Vinyl Base 2 Pages 7674 County Road 91 • Stayner • ON • LOM ISO PH: (705) 428 -5467 Ext 21 FAX: (705) 428 -5576 QUANBURY WARRANTY & .MAINTENANCE Owner: Municipality of Kincardine Architect: Parkin Architects Limited Project: Kincardine Community Medical Centre Lower Level Flooring Replacement Project No. 0813 -1 Location: 44 Queen Street North Kincardine • ON N2Z 3C1 Description: Section 09 30 13 Tiling • Terrazzo, Tile and Marble Association of Canada • Schluter — Warranty Fortcoming directly from Schluter Systems identifying Project Name 7674 County Road 91 • Stayner • ON • LOM 1S0 PH: (705) 428 -5467 Ext 21 FAX: (705) 428 -5576 TERRAZZO, TILE AND MARBLE ASSOC ATION OF CANADA ( .. •' L'ASSOCCATION CANA'D ENNE DE TERRAZZO, TULLE ET MARBRE • • • • ,a^xE$ °.3 x y l rt m X5.....4 <^„•. s f . 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' iT£ N • r z, -Li- fst33G{ .. • `2 ! ."' 4 17 :'r - -,v Y �id;;.f ' _••••• C}T . a' .0 �I' }-"41;14:. - , 5; . 6T't a, r Y ?, 1 ) ;, , r, , r _ ix. , t '1 M • " • , t`• i�t .,, 'Y= :ems . ri , ' ri . 1 � : .• {, •! .( , 4 ,d' ; J i° , ' 5 , ...4� L n, 1,- i • ,i p_ �.fYX41' � �•• 2 341,:!... {'. � „ 1 1 K,n w � 1` ' J.w � !!yh+.. nn�J'u .y! �7' A1k !+ ' i� u�• �mxu' • tnn1� , • , �". - ':.. ` ", r �•'3M .'" • 3 =C � t : -f _ :' ° { ..»� .t Y ; u : -. 1 71 ., 1 v A . w - g �y. ,. �' ::, ;sY..M. a.0I r_w4- LI, . 7 - ^ d � .: L' bi' � ' '•" __ .7 •-• • • • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA L'ASSOCIATION CANADIENNE DE TERRAZZO, TUILE ET MARBRE `wrrr ...1 .Ilia. • # TERRAZZO, TILE AND MARBLE i L'ASSOCIATION .SF. CIATION GNAO(ENNE OE T Of ASSO CA T TERRAZZO, TOILE ET MARBRE E mum • e . 1iiF ir 30 Capstan Gate Unit 5 Concord, Ontario L4K 3E8 Tel: (905) 660 -9640 (800) 201 -8599 Fax: (905) 660 - 5706 e -mail: association @ttmac.com web site: www.ttmac.com -1 • SPECIFICATIONS AND GUIDES Produced by the Terrazzo, Tile and Marble Association of Canada (Disponible en francais) • Cost Comparison Guide Terrazzo 09400 . • 1998 Specification Guide 09300 • Portland Cement Terrazzo Tile Installation Manual • Thin Gauge Epoxy Matrix Terrazzo • 2000 Maintenance Guide • Thin Gauge Polyacrylate Matrix Terrazzo • Specification Study on Slate • Terrazzo Colour Plates • Specification Study on Marble & Granite As the members of TTMAC are continually striving to maintain and Improve the standards of the Industry, specifications are subject to revision at any time. TTMAC Specifications and Guides are also available from Construction Denis de 100 Lombard Street, Suite 200 0 Specifications Construction Toronto, Ontario M5C 1M3 40. Canada Canada Phone: (416) 777 -2198 Fax: (416) 777 -2197 E -mail: csc- dcc @netcom.ca Web Site: www,csc- dce.ca (. � w/ TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA 1 MAINTENANCE GU1bE Cleaning 0 Sealing c Finishing . 6 Maintenance.* Restoration of Hard Surface Materials - Terrazzo, Tale and Natural Stone TABLE. OF CONTENTS • Ti'MAC Specifications & Guides Page 1 Profile of TTMAC Page 2 • Association Activities & Benefits • Page 2 Acknowledgements . . _ Page 3 • Foreword Page 4 • Preface . • Page 4 • Use of Guide. . Page • 5 , Identification of Hard Surfaces r Page 6 • Coefficient of FrictiontSlip Resistance . • Page 7 • Tile Classification: CGSB`Standards Page 8 , . Maintenance Guide for Floor Surfaces . • Page 9 • • Maintenance Guide for Wall Surfaces , Page 10 , Sealers Page 11 Restoration of Terrazzo • • Page 12 . Restoration of Natural Stone . . Page 12 . • Polishing of Marble . Page 13 .. " CrystallizationNitrlfication of Marble • • Page 13 ' Efflorescence Page 14 • • Stain Removal • . Page 16 . Membership Roster ' . • Back Cover . PROFILE OF TTrr'iAC • Y The Terrazzo, Tile and Marble Association Canada was founded in 1944. its mandate was to develop a method of standardizing terrazzo, tile and marble installation techniques, as well as • . being a technical resource and liaison fot architects, specifiers, designers and engineers. TTMAC • honours this commitment today as well as many other services and support of the hardsurface industry.and its members. • • • • • f t ASSOCIATION ACTIVITIES. & BENEFITS . • Produces and distributes specification guidelines. . • • • Sets standards for installation methods used in the industry. .. • o Promotes technical research on new materials and techniques, • . Maintains an up -to -date library resource centre. • Encourages development of new technology and products. ' . • Is a door to the industry in Canada with,a global outlook. • • • o Publishes newsletters, maintains and circulates an annual 'Membership Directory and Buyers' • Guide, • Liaisons with other associations, government departments, trade magazines, trade commissions, and those interested in sharing information for the good of the industry. • . 9 Offers independent arbitration of complaints and site inspections. . o Promotes an annual convention, seminars and workshops. Provides general information to architects,' specifiers; engineers, contractors, designers and the building industry in general. • Encourages and promotes the Installation of terrazzo, tile, natural stone and other dimensional (4., stone products and related meter(els. . • Has a full -time technical representative on staff, Promotes TTMAC members and products, • • . • • • • } eA Assists in setting training standards and distributes information to, further develop training in the • hardsurface industry. . . TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA 2 • Terrazzo, Tile a i arble Association of Canada • appreciates the assistance of the following in the preparation of this gsaide: 1999/2000 TTMAC BOARD OF DIRECTORS • . • iExecutive: Directors: President: Rick Watts Harold Armstrong Vice President: Dennis Edissi • Robert Centis ' • $ecretauyJTreasurer: Sam Mercuri ' Gordon Eckl Past President: ' Jim Mannella • Joe Papais • Chairman — Glen Pestrin Supplier Division Dimitri Kotlyar • Tony Torriano . . Bill Sturrock } ' • Dale Kempster • Executive Director; Bob Sanelli • 2000 MAINTENANCE GUIDE COMMITTEE . • Dale Kempster - . .Chairperson : : • • George Melo - Vies Chairperson . Lou Couillard • Joe Papais ... . • . John Crepinseck Conrad Poulin Fred. Hueston • . ..Bob.Sanelli .. . Jim Mannella Tony Torriano • ' • • . . Desktop Publishing — Elaine Cook • • ORGANIZATIONS • t American Society. for Testing.and Materials (ASTM) • • Canadian General Standards Board (CGSB) • • Ceramic Tile Contractors and industry Association of B.C. • Ceramic Tile Institute of America (CTtOA) _ Construction Specifications Canada & CSC Technical Studies Committee • The Marble institute of America (MIA) • • The, National Terrazzo & Mosaic Association Inc, ' • Terrazzo, Tile & Marble Guild of.Ontario Inc. . . Terrazzo,. Tile & Marble Trade School Inc, (Ontario) . •Tile, Terrazzo and Marble Training Facility (B,C.) . • TTMAC also appreciates the m any i orga and doepbrations for . supplying information and assistance in•the compilation of this guide. • • .d • • 1 TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA • 2 . . FOREWORD ►,. Distribution of this. document in its original published form is restricted. Reproduction for commercial or advertising purposes shall not be made without the permission of the Terrazzo, Tile. and Marble Association of • Canada and Construction Specifications Canada. The Terrazzo, Tile and•Marble Asaociation of Canada and Construction Specifications Canada do not accept liability for the information' presented..in this.. document: Readers are expected to make Judicious use of data in this guide as part of the .quest to. further .their knowledge, , - . • . . . • Insist on p roducts and services from TTMAC members. Refe to T Membership (Directory and . Buyers' Guide f or materials and services. ' TTMAC Approved Product Specification Numbers have been discontinued. In this modern age numerous acceptable products are available, . ' Reference - Products should be qualified by the standards of Canadian General Standards Board (CGSB). , • 1. Detergent general purpose, liquid cleaner CAN /CGSB - 2.107 -92 2. Remover for water emulsions, floor polish and wax CAN /CGSB- 2.60 -92 (Amended April 1995) 3. Detergent, germicidal, general purpose liquid CANICGSB- 2.160 -95 . - 4, Surface sealer for floors CAN /CGSB- 25.20 -95 . 5. Detergent resistant floor polish CANICGSB 25.21 -95 . 6. Silicone impregnator (CGSB - no standard) . Further Information on CGSB, services and standards may be obtained from: ' •• • Canadian General Standards Board (CGSB) Ottawa, Canada KIA 1G6 (900) 665 -2472 • P REFACE . The members of the Terrazzo, Tile and Marble Association of Canada are continiialiy'striVing to maintain and ' improve the standards of the terrazzo, tile and natural stone industry in Canada. This'maintertan'ce• guide has been compiled as a means of simplifying and standardizing maintenance procedures for terrazzo, tile and _ natural stone Installations, The comments and data contained within the guide are based on standard practices . and the experience of members of the Association. Further information regarding installation is :available by obtaining the TTMAC Specifications. and Guides listed on page 1. . . Any questions regarding this guide or siuggestions towards its. improvement are welcomed by'the Te`eraazo; Tile . and Marble Association of Canada. New and improved maintenance products and techniques will be under constant review by the Association and its members, and will be considered for Inclusion in future revisions to this maintenance guide. I Although great care was taken in compili this mainten guide, it is impossible to cover all situations and products. This guide is intended as a general.recommendatlon •to the proper maintenance of hard surfaces. With appropriate maintenance procedures hardsurface products will lest a lifetime. . Architects, Designers and Specifiers - To promote use of this guide and ensure corre maintenance procedures, we recommend the insertion of the following paragraphs in•your specifications, insertion numbers .will differ at the discretion and choice of the specifier, 0 1.2 Quality Assurance 0 . .1 The work of the Subcontract shall be executed by a company who is a member in standing with the Terrazzo, Tile and Marble Association of Canada. This work shall be done under proper • supervision by persons skilled In the methods following the recommendations of the manufacturer of the products involved and haying a minimum of two years' proven experience and must provide at least three projects of similar slze and scope, . frk' 1.6 fiflafnt ®Hance .1 Submit four (4) copies of TTMAC latest. edition maintenance guide for inclusion In the data book. Give specific warning of any maintenance practice or materials which may damage, or disfigure the finished work, or alter the coefficient of friction (slip resistance) to the finished surface. • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA . . 4 ' • USE OF GUIDE • • • The purpose of this guide is to provide general recommendations for care and malntenance.of floor and wall hard surfaces, The use of this guide is important to coordinate maintenance procedures with . the manufacturer of the hard surface product . as well as the manufacturer of the maintenance products. In situations out of the ordinary, we suggest that you consult your Manufacturer, Supplier or Contractor. • • Treating New Work Treating new terrazzo, tile and natural stone installations includes steps to be taken at an appropriate: time after installation, and prior to the owner taking responsibility for the maintenance. of ,the surface. This initial treatment plays an important part in the future appearance and performance of the surface. Recommended Care and Maintenance • • These procedures are the regular day to day requirements to maintain the cleanliness as well as the original condition of the floor or wall surface, These procedures will include both a more frequent preventative maintenance of the surface, as well as a periodically required thorough cleaning of the • surface. Clean water should be used and the frequency of these operations will be determined by the type of hard surface material, amount of traffic, the type of soil and the level of cleanliness desired, • Seasons of the year will also have a direct impact on the frequency of these operations. The owner is well advised to Implement an appropriate maintenance schedule for 'their particular use and conditions. • • Reconditioning Existing Work • • Surfaces that have been neglected or are in need of a more thorough cleaning in order- to.: the surface to its original condition will require the suggested reconditioning work in this `'nianuai : These procedures apply to all hard surface materials. The need to recondition will often be determined by the frequency and effectiveness of a'regular maintenance program. . • Use of Sealers .• • • "Types of Ceramic Tile RE: CGSB National Standard CAN /CGSB- 75.1 -M88. For Identification of water • absorption and types of .sealers, see pages 8 and 11. It is important to keep in mind that solvent sealers when listed for use on some tile floors, if penetration is not complete and not protected with polymer finish, can wear in traffic areas. • Using sealers containing organic solvents (mineral spirits, xylene etc.) can lead to adverse health effects and to fires and explosions if proper controls are not used. Water based sealers should be used wherever possible, especially in confined areas and areas with'poor ventilation; • • IMPORTANCE OF MAINTENANCE • Hard surface floor and wall materials are the most durable, economical and are the easiest to maintain surfaces available. These products will last the life of the structure If properly installed and well maintained. It should be noted, .however, that different products show different wear characteristics and as a result, will require different levels of maintenance. Hard surface materials are no maintenance free. Care should be taken to match the Intended hard surface material to the amount of maintenance expected for this use. • • • TERRAZZO, TiLE AND MARBLE ASSOCIATION OF CANADA •.5 • • IDENTIFICATION OF HARD SURFACES TERRAZZO, TILE AND NATURAL STONE. • TERRAZZO Terrazzo is a floor or wall surface composed of a matrix binder along with a mixture of selected aggregates of marble, granite, glass or plastic, to which colour pigment may be added. The most common matrix binders are porttand cement, epoxy matrix, or poiyacrylate terrazzo. Each system exhibits particular characteristics. Certain matrices and aggregates, that have little or no absorption, may not require any special treatment after polishing. The owner would be well advised to verify the maintenance procedures with the manufacturer of the specialized matrix or aggregate. Terrazzo floors require a sealer to prevent absorption, it Is important that new terrazzo installations be sealed with an acrylic water base penetrating sealer to a clean dry surface, This should be done as 'soon as possible after the final grinding in order to prevent staining, New terrazzo floors should be cleaned only with a neutral (7,0 + ) ph cleaner, • Proper care for the first year •is very important and If properly treated, terrazzo will retain its. beauty indefinitely, Special care in the cleaning of conductive terrazzo should be taken. Conductive floors must be kept free from harmful residues left by improper cleaners. Residues can create an insulating film that can destroy conductivity, Terrazzo floors containing abrasive . aggregate should never be .sealed and should be scrubbed regularly to keep the abrasive aggregates free of a build up Of dirt and..foreign matter. Electric scrubbing and buffing machines aid In terrazzo care. Periodic scrubbing with an electric machine, using a solution of neutral liquid cleaner, loosens dirt that is sometimes hard to get off with daily wet mop cleaning, Buffing,the terrazzo with the electric machine after each cleaning restores the beauty of terrazzo and continued buffing builds a natural sheen that becomes a permanent part of the terrazzo•floor. • TILE • L The following descriptions can be used to identify particular tile. Some types of tile have been classified in accordance with the CGSB National Standard CAN/CGSB- 75.1-M88 for ceramic floor and wall tile and trim units, see Page 8. . Ceramic Tile A ceramic surfacing unit, usually relatively thin in relation to facial area, made from clay or a mixture of clay and other ceramic materials, Fired at a temperafure sufficiently high enough to produce specific. physical properties and characteristics. Porcelain Tile Porcelain tile Is a ceramic tile that is generally made by the dust pressed method from a composition which results in a tile that is dense, impervious, fine grained, smooth and textured with a sharply, formed face. Porcelain the is available in matt, unglazed or a high polished finish. • Water absorption. ASTM C373, Manufactured In various thickness and sizes. Quarry Tile • • A glazed or unglazed tile made by the extrusion process from natural clay or shale. This tile is most common in the dark red shades; however, brown, tan and grey are also available, Mexican Tile/Terracotta This tile is generally hand -made and varies In colour, texture and appearance. The tile Is available in various shapes and sizes. The the may come pre - finished or require the application of various types of sealers or coatings on site to provide a wearing surface, • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA .. 6 Terrazzo.Tile • • • Pre - manufactured consisting of marble, granite, glass or other chips in a portland cement or,epoxy. rnatrix,.... available in various colours, thickness and sizes. Agglomerate Tile • A4giomerate tiles are manufactured by mixing marble or granite chips .of various sizes with portland cement, • polyester resin or epoxy. Thickness may.vary from 6 mm to 20 mm and may be ordered In other thicknesses to meet specifications. Approximate water absorption, 24 -hour immersion, 0.19 % ASTM D570 -81 "r'n but will vary from manufacturer to manufacturer. MARBLE • Marble is a limestone that has crystallized naturally over a period of time. Marble is classified into..four groups, Groups A, B, C and D. These are broad classifications and relate only to soundness'and Wbiking qualities. However, for the purpose of this Maintenance Guide, marble has been classified as exteribr br Interior. The test used for water absorption is ASTM 097, Marble is cut into blocks, slabs or tile iri various thickness and sizes. It Is available In the. following finishes; polished, honed, split face, abrasive and rough . sawn. Marble Is very sensitive to acids and alkalis and can be stained if spillage or splashes are not wiped up immediately. If marble is installed in an area where staining may cause problems, then the marble should be sealed and a finish applied. . TRAVERTINE Travertine is a variety of limestone regarded as a product of chemical precipitation from hot springs that has been formed over a long period of time. The product is porous with many visible holes. It is' available in • colours ranging from ivory to golden brown. The holes and cavities may be'fiiled.with a matchingTortland cement, coloured epoxy or polyester resins. Some travertine.sto'ne that take a polish are.claseifi'ed ae.marbie • according to ASTM 0119. • GRANITE • • Granite is a very. hard crystalline, Igneous rock that is available in a.vast range of colour; texture and mineral composition. it Is available in the following finishes; polished, honed, fine rubbed, thermal flame fnished;'a • can take a sandblasted, coarse or fine stippled finish. ASTM C97 - Absorption. by weight 0.4 %'maX. •' " SLATE • Slate is a split stone and is one of the world's oldest natural products. It is available in the following finishes; honed, sand rubbed, textured and natural cleft. Slate Is available in various colours. Some shades well change colour on exterior use, therefore a. non - fading shade should be specified for exterior applications. Water absorption of slate requirements shall be in accordance with ASTM 0121, • LIMESTONE • Limestone is a sedimentary rock composed primarily of calcite or dolomite. it is available in the following . • finishes; polished, honed, rough textured, course, and stippled finish.. • . • • COEFFICIENT OF FRICTION . • Coefficient of friction test method ASTM C1028 -89 covers the measurement of static coefficient of friction of ceramic tile or other surfaces under both wet and dry conditions while utilizing Neolite heel assemblies. This test method can be used in the laboratory or in the field. SLIP RESISTANCE • • • • The tile shall have factors of sliding friction not less than 0.50 on a level even plane and not less than 0.60 for ramps' in wet and dry conditions. The coefficient of friction of a flooring material is one" factor relative to slip resistance, Other factors such as surface cleanliness, improper maintenance, degree of "vvear of shoes, flooring materials, shoe design, composition of shoe soles and temperature can ail affect slip resistance under field conditions. • • • TERRAllO, TiLE AND MARBLE ASSOCIATION OF CANADA 7 • TILE CLASSIFICATION: CGSB STANDARDS CAN/CGSB-75.1-88 . . • . ..._...: re'N Type 1 •- Mosaic glazed Classes - MR1 and MR2 . . • Type 2 - Mosaic unglazed • . Classes - MR1 and MR2 . . Type 3 - Facing Veneer • Classes - MR1, MR2 and MR3 • • • Type 4 . - Quarry tile • Classes - MR2 and MR3 and CR (ASTM C 650) • • . . . Type 5 - Wall tile (interior) • Class - MR4 • Type 6 - Pavers • Classes - MR2, MR3 and CR (ASTM C 650) • . . • Type 7 - Glazed Floor Tile Classes - MR1, MR2, MR3 and MR4 . . CGSB 6,2 Water Absorption - When tested in accordance with ASTM 0373, the tile shall shoW water absorption not greater than the'vallies in Table 1, for the type of the specified (MR= moisture reSiStance), CGSB 6.15 Chemical Resistance - CR when specified tiles designated CR shall show no deleterious effect when tested according to ASTM C650. /•r • TABLE 1 TILE &TRIM • • Water Absorption, % By Mass • • - Type Class . • MR1* MR2* . MR3 • MR4 1 0-0.5 0.5-3,0 - 2 • 0.0,5 0.5 — 3.0 s- • • • . • 3 0 - 0,5 0.5 — 3,0 - 7.0 4 0.5 — 3.0 • 3.0 - 7.0 . • •;" 5 7.9 - 18,o . 6 0.5 7 3.0 3,0 - 7.0 7 0 - 0.5 0,5 — 3.0 • • 3,0 - 7.0 7.0 - 18.0 *MR1 and MR2 are considered to be resistant to frost, • • • tr.". . NOTE: Porcelain tile shall be rated by the manufacturer for the Type Classification to meet the water absorption • standard in Table 1. As an example, Type 1 MR1 tile, water 'absorption shall not exceed 0.5%. • TERRAllO, TILE AND MARBLE ASSOCIATION OF CANADA • • Maintenance Glide for . t Hard. Surface Floors Terrazzo, Tile and Natural Stone • A. Treating New installations 1• Dust Removal and We Cleaning Remove heavy soil with push broom. - Remove the dust with non-oily dust mop or heavy-duty vacuum cleaner. - Prepare a cleaning solution as recommended by the manufacturer's instructions. Apply and allow • solution to stand for an adequate period to loosen soil. • - Machine scrub with fibre scrubbing brush or scrubbing pad on floor machlne. Do not use steel wool on hard surface flooring. - Pick -up and remove soiled solution from surface with a wet pick -up vabuum.or wet mop, - Rinse with clean, warm water. Change water frequently. - Rinse a second time with clean, warm water. . . . ' • - Pick -up rinse water with Wet vacuum, wet mop Or automatic scrubber, . • - Allow floor to dry for four hours, or overnight depending on humidity prior to allowing traffic, 2. Application of Sealers • - Prepare the surface as outlined in A.1. • • - When the floor Is dry, apply an acrylic type water base sealer or silicone impregnator to the the, for maximum protection of the floor and grout. . - Apply an acrylic type water base penetrating sealer to terrazzo floors. Depending on the porosity of the floor surface, a second coat may be required, As an option, the owner may apply a polymer floor finish as a protective wear coat for the sealer. - Manufacturer's, recommendations must be followed, - Sealers must have.a slip resistance factor of 0,5 or higher. • • 3. Finishing . . • - To protect the sealer and for ease of maintenance, an optional floor finish may be applied,..followingthe manufacturer's recommended method. B. Recommended Care and Maintenance . 1, Daily maintenance • - Dust mop with a clean non -oily dust mop of a size to suit floor area, - Remove dust particles from mop frequently by vacuum. - Remove any wet spillage immediately by damp mopping. . • - Damp mop entire floor surface using a neutral (ph -7) detergent. • 2. Periodic Maintenance - Wet mop the surface with a detergent 'or neutral type cleaner solution. . - Agitate with a floor machine and scrubbing brush attachment or wet mop, . - Remove dirty cleaning solution from floor with wet vacuum or damp mop. Then damp mop with clean warm water and change water frequently. - Let floor dry before allowing traffic. C. Reconditioning - Remove dust and wet clean as outlined in A,1. above. . - Remove existing floor finish and sealers using the appropriate detergent stripper according to manufacturer's recommendations. 'CAUTION: May cause skin damage, follow manufacturer's recommendations in the Material • Safety Data Sheet. • • NOTE: Prior to cleaning the floor surface and during the cleaning process; it is imperative that the wash ` mop or scrubbing pad, pail and water be thoroughly clean. Watermusfbe changed frequently. • • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA 9 • • NOTE: • , . • Cleaning products containing acid or tri- sodium phosphate (TSP) should not be used on tile, terrazzo or marble. However, certain very specific pdnditions may requlre•use of acid or TSP solutions, but only Under the guidance of qualified' personnel. Toxic or substances hazardous to the environment should be avoided. • Specifiers, suppliers, manufacturers and contractors should replace toxic or potential hazardous substances with environmentally safe materials and products. • • D. Glazed Tile • Sealer or floor finish is not required on this type of the with epoxy grouts. Portland cement .or. polymer modified grouts may require a sealer. Follow manufacturer's recommended procedures to apply sealer•to cementitious grouted glazed tile floors. E. Slate • Follow directions as specified in A.1. Following the rinse inspect the floor. Should there be a milky film use a diluted solution of phosphoric or sulfamic acid to. clean the floor, Follow this by neutralizing the surface by rinsing the floor thoroughly with clean water. When the surface is dry apply a coat Of sealer or silicone • impregnator following the manufacturer's recommendations. • . • • It is Important to follow manufacturer's strict written Instructions. As a safety precaution a "wet floor" sign must be placed In area being maintained. For preventive maintenance, an entrance mat Is the most basic requirement. Maintenance Guide Ifor Wall Surfaces • ,•, Terrazzo, Tile and Natural Stone A. Treating New Installations • • - Prepare a cleaning solution following the manufacturer's recommendations. - Apply cleaning solution to walls with a clean cloth, pad or sponge. Walls should be cleaned from the bottom up. Since the lower portion has been cleaned, water has been absorbed Into the surface which will prevent dirt from penetrating or streaking the surface of the wall. . . . • - Work small areas at a time. Wash and clean in small overlapping sweeps. • - Rub spots with a nylon white pad saturated with a cleaning solution. Do not use steel wool.. - Remove dirty solution from wall with a clean wet sponge, cloth pad, or wet wall mop squeezed out in clean, cool water. - Dry with a clean soft cloth and remove any cleaning solution residue, dampen if necessary. - Polish with a dry cloth and allow to thoroughly air dry. . . . • • B. Recommended Care and Maintenance • 1, Daily Maintenance • - Remove any spots by damp wiping or sponge. • 2, Periodic Maintenance - RefertoA • • • 3. Proper maintenance of exterior cladding is to clean the surface at periodic intervals (annually or as required) by hosing down with clean water. Pressure washing may be required and should not exceed • 1000 psi. Appropriate chemicals may be necessary, however proper care must be taken not to damage the surface material or surrounding areas. This task should only be performed by qualified Professionals. Failure to perform one of these tasks may result in more expensive remedial procedures in future years. C. Reconditioning • - Clean as outlined under A above, • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA • • SEALERS • •. • • Sealers are of two basic tvoes_ . , • Penetrating sealers sealers that penetrate into the, pores of the hard surface, materlai and . repel • water (and in some cases oil) borne stains. Penetrating sealers do not alter the appearance of the • surface and do not leave a glossy film. • Topical Sealers — sealers that provide a glossy appearance to the surface of the material. • The choice of which type of sealer to use depends upon factors such as: Desired appearance - if a high gloss appearance is desired, apply a topical sealer rather than a penetrating sealer that will not increase gloss. • • • Type of surface — sealers unless recommended by the tile manufacturer are generally n.o used on non - absorptive surfaces such as porcelain tiie or glazed tile but may be used to protect the grout joints from staining. (Note: 100% solid epoxy grouts, which are non- absorptiiee,"do not benefit from application of sealers.) Penetrating sealers are commonly used on natural, stone • surfaces and particularly on low gloss surfaces such as honed marble, limestone or sandstone where one wishes to preserve the natural appearance of the stone, . . .. • Area of application — Conventional sealers are generally not used on exterior surfaces,•, : or: •; on . ' honed, sandblasted, or flamed surfaces. In areas subjected to high traffic and' tracking .of grit and moisture, conventional sealers may require frequent routine maintenance to maintain appearance. APPLICATION OF SEALERS 0 • Sealers should only be applied on clean, dry surfaces, Failure to properly clean a floor before application of sealers may aggravate maintenance problems by sealing dirt or stains, . INITIAL. CLEAN -UP AND PROTECTION — NEW FLOORS . • .. . This work is normally performed by the tradesmen installing the floor. It is important: that floors be thoroughly cleaned after they are Installed and grouted. Failure to perform a. proper clean -up et::this stage may result in a grout residue being left on the surface that may, be very difficuit.or.impassiibie to remove later. Usually glazed ceramic tile or tile with a high gloss surface is. easier to clean, Tile that has an absorptive surface, slip resistant tile with abrasive aggregate in the surface or tile that has.an embossed or textured surface may be.difficuit to clean - properly. In some cases it may be necessary to seaFtile or apply grout releases prior to grouting to prevent pigment staining. • In some cases the floor installer will apply the initial application of sealer to the new floor.. In other cases, this work will be performed by the owner's, personnel or by outside maintenance professionals. Regardless of who performs the work it is essential that the floor be clean and free of.grout residue, dirt or other contaminants before sealers are applied. Newly installed floors should be protected.wlth kraft paper, drop sheets or by other suitable means to prevent damage or soiling by other trades until completed work is handed over to the owner. • ROUTINE MAINTENANCE TO REMOVE SURFACE SOIL • 1. This usually involves cleaning by vacuuming or sweeping with a push broom to remove dust and grit. • This is normally done on a daily basis but the frequency of this procedure and other routine maintenance should be tailored to the requirements. • 2. Periodic washing. Always wash,hard floor surfaces using clean 'Water and a pH neutral' detergent used at the recommended dilution. Apply the cleaning solution evenly on the surface using • • a mop or spray application. Withiri five minutes, agitate. the solution on the floor to free any satteched soil using a 175 rpm rotary scrubber fitted with a fibre, scrubbing brush or a nylon scrubbing pad. (Note: A fibre scrubbing brush will clean grout Or textured surfaces better.) Pick up liquids from the scrubbed area using a wet vecuum. Rinse with clean water using the floor scrubber to agitate the rinse water followed by wet vaquum, Repeat this prQpedure'and then let air dry. TERRAZZO, TiLE AND MARBLE ASSOCIATION OF CANADA 11 • • • • • • RESTORATION OF TERRAZZO • • Restoration requires remedial action that can only be performed by professio'nals ;are specialized in the use of specific equipment and materials and have had extensive .:•.`; Prior to rfinishing terrazzo, thoroughly clean the floor as follows; • Remove existing wax or polymer floor finishes with heavy -duty stripper and cleaner, • (Caution — ,See page 9) Use 1 to 3 parts cleaner to 40 parts warm or cold water as per manufacturers recomrnendatiohs. • Apply with a clean, mop or sponge depending on site of area. • Agitate with a brush• or scrubbing pad. Remove dirty solution with wet vacuum, • Wet mop or Sponge 'dry: Follow with wet cleaning, rinsing and finishing as specified on page 9 &10, A suggested procedure to refinish terrazzo floors and bases where only a light grinding is required is to . start with an 80 to 120 grit stone to remove surface sealers and dirt. Further grind the terrazzo to improve the overall appearance and desired surface texture.. •• If a more in -depth restoration is required the following procedure should be used. With a terrazzo fiobr grinding machine, wet grind a thin layer of terrazzo to remove surface sealers and dirt as above starting with a coarser grit. In the case of badly pitted surfaces it may be necessary to grind with coarser grit 'such as 24 grit stone, diamond plugs or discs, Further grind the terrazzo with progressively finer grits _to: obtain a new -like appearance. (The higher the grit number, the finer and smoother the grind of the surface.) Grinding with a finer stone higher than 80 grit may affect the slip resistance. Grouting is only necessary if there are exposed pits after the grinding process. If after the initial grinding there are any pits in the floor that require filling, wash the floor with ciean,water and rinse, remove•eucess water. If the existing terrazzo is two components epoxy resin, then the surface must be:folly'dry before • applying the epoxy grout. Apply grout by machine or by hand with a trowel, using.a cement'acrylid or epoxy mix, with or without colour pigment to match. existing floor making sure °to• fill ail vbid§: • All* 'the grout to cure fora minimum of 24 hours' before grinding. Grind floor with an 80 or. firier =grit•storie'tintil all grout has . been removed from the surface, leave the surface free from any deep scratches. Pick up all grained residue, flush floor with clean water, remove excess water . and rinse using••a clean mop. Allow floor to thoroughly dry, Apply one or two coats of sealer. The same procedure applies to . refinishing terrazzo bases, using grinding machines and appropriate grinding stones or sanding discs: • • RESTORATION OF NATURAL STONE • • • If the floor surface has holes or cracks, this area must be repaired and colour matched prlor to the grinding process using epoxy or polyester compounds- or a cement acrylic paste .whichever is appropriate for the surface involved, Ali lippage must be removed by use of specific grinding. if lippage is not removed, excessive wear and damage to the various diamonds or abrasives may result, Wet grind the floor beginning with coarser abrasives, progressing to finer abrasives until the desired degree of finish is obtained. Prior to moving on to the next level of grinding, the entire floor must exhibit a uniform 'scratch pattern. Higher grades of diamonds or abrasives may be necessary due to the hardness of the stone.. According to ASTM C97 if the average absorption of granite is 0.4 %o the moisture will temporarily affect the appearance of the granite causing it to "darken ", This., effect disappears upon the return to dry conditions. As grinding progresses the , y . produced; must, be removed by the use of a wet vacuum. Before moving from one labrasive grind,,to • a•finer grind, thoroughly wash the surface to remove any residue from the previous grind or scoring will result in the next level of grinding. After completion of the-final grind, wash and rinse the floor and seal as detailed on page 9 & 11. NOTE: Instructions for restoration and maintenance of agglomerate should be obtained from the manufacturer. Polyester filling compound Is used to fill, larger holes, cracks and voids. Repair kits are available from the manufacturer. TERRAZZO, TILE AND MARBLE ASSOCIATION,OF CANADA 12 • POLISHING OF MARBLE FLOORS • • • This process is an alternative to a full restoration procedure to bring ba and to maintain a hi deree of shine to worn •traffic areas. This can be achieved with polishing powders (Aluminium Oxide, Tin Oxide). These powders are usually white, but can be yellow,. brown, gray or black. The , abrasive powder is worked into the stone with a 175 rpm buffing machine using water and cloth or polyester:.fibre pads, The powder is worked into a slurry until the desired degree of shine Is achieved. Remove, sliasy from surface with a wet pick -up vacuum or wet mop. Rinse with clean water to remove .any excess • powder left on floor. Caution should be used. Some marble may polish with a very wet consistency while others may require almost buffing. Test the ratio of powder to water for suitability, Care._rnust be taken as most polishing powders contain oxalic acid and if over used damage to the. marble: will,- occur. If not enough is used the polish may not be achieved. This type of work requires e should only be performed by professionals who are specialized in the use of these..:mate.ri equipment. . . • Manufacturers instructions mutt be followed, • • • • . CRYSTALLIZATION/VITRIFICATION OF 'MARBLE These terms, although technically Incorrect, have generally been used to describe. a process for polishing marble by applying chemicals that react with the marble while buffing the marble. surface. The chemicals used may be oxalic acid, silicon fluorides or other proprietary materials. Crystallization chemically alters the surface of the marble and leaves a harder less permeable: surface, Crystallization appears to work well in some marble and under certain service conditions. However certain types of marble may be deteriorated by the chemicals used in crystallization. Generally, marble used on floors should not be finished to a very high gloss but should be given a honed finish and . treated with impregnators to improve resistance to staining. A high gloss finish on marble floors'rney, be appropriate for light commercial and residential traffic conditions. Where a high gloss finish. is.de it may be obtained by the use of crystallization or by the application of suitable acrylic polishes; ::Altering' the floor surface. to a high gloss may affect the • slip resistance. • Damaged .or worn flours . can ; ,be reground and polished to their original lustre and appearance by the use of diamond discs and.s . equipment prior to crystallization. Crystallization is only possible. oh marble and limestone. Granite cannot be crystallized. . WARNING: Because .crystallization /vitrification uses chemicals and components that transform surface of marble and stone, there is controversy regarding this method of restoration. This procedure . should be used at the discretion of the client. This work should only be carried out by trained craftsmen who are thoroughly familiar with thls process. . • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA .. ' . • . 13 . . . .. • EFFLORESCENCE , • ' Efflorescence occurs when solutions of alkalis or salts, move through a •porous ' m to. t he sur and as the water evaporates a white powdery crust,is formed at the surface exposed Weir. • Usually the main component in efflorescence that occurs is lime or.other soluble alkalis, which are naturally present in portend cement, but other soluble salts. may also be Involved.. Efflorescence when it first appears ban be removed by washing with water but soluble alkalis will react ° Stith ":carbon dioxide in the atmosphere forming carbonates, which are insoluble in water. Removal then 'requires washing with a solution of 'phosphoric or sulfamic acid which reacts to produce solubie.salts:and liberate 002. Following the acid wash, the surface should be rinsed thoroughly with clean water. For efflorescence to occur, water in liquid form must be present to carry any soluble alkalis or salts by capillary action to the surface where evaporation can occur. The water that carries:the salts may come from the subsoil when a concrete slab is in contact with. the earth, In.this.ca.se.use of a vapor barrier below the slab may prevent efflorescence by blocking moisture. : flow:.:frotn.;fhe • subsoil. . If water is supplied to the .tile or terrazzo, either from the top surface or from•beldw'as. a:resuit:of • dampness in the soil, or from other moisture bearing phenomenon,. the hydrating process can continue indefinitely.. • Control of efflorescence is normally directed towards control of moisture flow as it is generally not possible or practical to eliminate the source of the soluble alkalis or salts. E fflorescence Tarely occurs on bare concrete where evaporation of moisture can take place over a large area andwhere carbon dioxide from the air can diffuse into the concrete and react with lime befbre:itreaches the surface. When the concrete is covered with a less permeable material (for example ceramic tile or • terrazzo) efflorescence may develop at Joints where evaporation can occur most readily.. . ' Since this material is subject to osmosis, it tends to move within the mass of tile or terrazzo. toward a drying surface. in this instance, since the floor has been sealed with a polishing agent, the only • drying or non - sealed surface left for it to pass through is the line of division formed by the terrazzo strip or the grouted joint. . • When this material is concentrated at the dividing line or grouted joint, several .things may, : be . . observed. One is discotouration, which in some instances looks like translucence in ,the.,..;tile or terrazzo floor and tray cover an area three to four inches either side of the dividing ,strip .or joint. This is caused by the excessive molecules of water concentrated there as they try..;.t . !? have.. the • mass. . . Another reaction that may be observed Is a deposit of calcium carbonate which' builds up on the. • surface of the floor, This takes two forms — a soft amorphous crystalline 'form or a very hard crystalline form which may require the use of a grinding machine for removal. Tile should not be . • ground. . • After one heating season, the hydration process may have ceased, and therefore there may be no . further efflorescence. At this time, the building owner should consult.a TTMAC Contractor and make arrangements to have the build up which may have accumulated on the floorsurface removed. The problem of efflorescence should not reappear. . . For exterior installations that are subject to wet conditions, efflorescence may continueI Provisions should be considered to minimize penetration of water from the surface and from below. TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA • • • ' • 14 Measures that can be taken to control 'or reduce °efflorescence include: WALLS • • a) Incorporate air and vapour barriers during construction to prevent condensation of moist air from the interior face of exterior walls, . b) Provide properly designed flashing to prevent rain penetration into walls. FLOORS a) Provide moisture barriers under concrete in contact with the ground. • • b) if wet conditions exist a drainage method should be provided. Manufactured drainage mats are available. A waterproofing.layer /membrane should also be installed over concrete -slab, installations should be done according to manufacturers recommendations. i c) Allow concrete slabs to receive tile or terrazzo to cure for as long as possible before application of finished flooring. d) When installing tile aver mortar beds, allow mortar bed to cure for as long as possible and set the by an approved thin -set method, e) Delay grouting of installed tile as long as practical. • f) Delay application of surface sealers as long as is practicai. • The appearance of efflorescence on a tile or terrazzo floor Is not evidence of defective 'material or workmanship. When efflorescence does occur, care should be taken In removal so as not to damage the tile or terrazzo during the cleaning process. Efflorescence may occur in the form of a soft powdery deposit, which may be largely removed by brushing with a stiff bristle brush or in a hard crystalline form,' which 'on terrazzo may require the use of grinding for removal. On tile 'floors, efflorescence may appear on grout Joints and usually removal will involve washing with a diluted acid solution. Care must be taken not to damage the tile surface or affect the. color of the groutlolnts, The terrazzo or tile floor should be sealed with a water /emulsion base breathable sealer applied to a dry surface. • • • • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA 15 \ Stain Removal CAUTION: The treatments recommended herein for stain removal should be used by trained. and -- experie ced personnel. Improper use may result in bleaching the grout, if a colour dye had beeii added. T.S.P. s corrosive, use rubber gloves. Wash skin that has had contact with this'material'immediately. The u e of T.S.P. is intended for stubborn stain removal only. Other stain removal° products . are av liable through TTMAC members, Always perform test In an hnconsplcuous•area•fir'st. .=.:'*: Prevention is better .than the cure. Treat absorptive surfaces with penetrating sealers4hich 'give improved stain resistance and when spills occur, remove. promptly. The methods appropriate for stain • removal depend on the nature of both the stain and the type of surface, which has to be•cieaned, Acidic cleaners should not be used on natural stone or over some types of glazes on the that may be damaged. Acidic cleaners should be used with extreme caution or not at all, . Many.stairis ori'tile'or on low absorption stone surfaces may only be on the surface. Often stains can be removed by scrubbing with a cloth dampened with a mild detergent solution. if this fails,. most surface stains can be removed by scrubbing with a dampened abrasive cleaner such • as Ajax, Comet or similar 'products, These procedures should be tried first; particularly on absorptive surfaces. There is a danger th# if:tob much of a solvent for the stain is used, the stain will spread or penetrate further into the surface, if the stain has penetrated below the surface (this may occur on absorptive surfaces such as limestone,' `marble, slate and to a lesser extent, granite) it may be necessary to apply a poultice to attempt to draw the-stain out. A poultice is made by mixing a cleaning solution with talcum powder or other fine inert powdere to a paste consistency. The paste is applied on the stain at approximately 6 mm thickness and left to dry. . As the paste dries it tends to draw the stain to the surface of the powder. Poultices -may have .to be applied repeatedly to remove a stain. Stains should be treated as soon as possible, as they become more difficult to remove when they have dried. No one should attempt to remove stains unless they know what the stain IS. and why, a cartain, type of remover is being used. Only as a last resort should chemicals be used to remove stains and by a qualified person. Stain removers either dissolve the substance that causes the .stain, absorb the.stain; or act as a bleaching agent. Thus stain removers fall into three general classes. • ' . 1. Solvents such as mineral spirits, xylene, or chlorinated solvents which dissolve grease, chewing gum, lipstick, etc, . 2. Absorbents such as chalk, talcum powder, blotting paper or cotton which absorb fresh grease . or moist stains. . 3. Bleaches such as household ammonia, hydrogen peroxide, acetic acid or lemornjuice which discolour stains, . . . Appreciate the importance of knowing the surface to be treated and the nature of the stain, before trying to remove it, The maintenance staff should review the following prior to proceeding: • • 1. If it is a water base stairs, waterwiil remove it. • .. 2. If it•is an alcohol-base stain, alcohol will remove it. .. . 3, If it is an acid stain, an alkali will remove It. • 4, If it is an alkali stain; an acid wilt remove It, . • • 5, if it is a grease stain, soap or a degreaser will remove it. . . 6. If the stain contains albumin, as in milk or blood, do not use a hot solution as it may cook•the albumin. . • . "Water" marks — water will not damage marble or stone although. It may temporarily darken the stone. .r\ Often what looks like a watermark on marble may have been caused. by acids in citrus drinks or. soft drinks, which can etch the surface. Refinishing the affected May be the only Way to remove these " `-' marks. • . • TERRAZZO, TiLE AND MARBLE ASSOCIATION OF CANADA • 16 • • • • INK STAINS • Different inks require different treatments. Ordinary writing inks may etch concrete due to acid content. To remove a stain of this type,' mix a solution of sodium perborate (dry hydrogen peroxide) in hot and add whiting (such as chalk), iniX to a thick paste, apply In 6 mm layer, and leave until dry.' if sorne::of the blue colour Is visible after poultide is removed, repeat: Sodium perborate may be obtained frorn a druggist and used with caution as it may cause skin irritation. Use rubber gloves, wash any • affected areas with water immediately. • Many red, green, violet and other bright coloured inks are water solutions of synthetic dyes: ; Stains: made by this type of Ink can usually be removed by the sodium perborate poultice described above. :Often the . stain'can be removed by applying ammonia water on cotton batting. Javeile water is also efe ;`used the same as ammonia water, or :mixed to a paste with whiting and' applied as a1poultice:.A. mixture:`of equal parts of chlorinated lime and whiting reduced to . a paste with water may also be used as a paufticirig material. Some blue Inks contain Prussian Blue, a ferrocyanide of iron. • These stains cannot be removed by the perborate poultice, Javelle (Calcium or Sodium Hypochlorite), water, or chlorinated lime poultice Such . stains yield to treatment of ammonia water applied on a layer of cotton batting. A strong soap. solution applied the same way may also be effective. indelible ink often consists entirely of synthetic dyes. Stains may be treated as outlined, abov.e.:However,, . some indelible inks contain silver salts which cause a black stain.` This may be removed with am= Sonia •eater applied by bandage. LUBRICATING OIL • • • Lubricating oil may quickly penetrate concrete and portland cement. It should be mopped off immediately,. covering the spot with Fuller's earth, or a dry powdered material such as hydrated lime, whiting A :dry portland cement. if treated soon enough, there will be no stain. However, when the oil has remained for some time, other methods will be necessary. . Saturate white Canton flannel in a mixture of equal parts of acetone and amyl acetate and .. . : place ' over stain. Cover with a slab of concrete or pane of glass. If the stain is on a vertical surface, improvise;,means to hold. cloth and covering In place. Keep the cloth saturated until stain is removed.' If the`soivent tends to spread the stain, a larger cloth should b'e used. Covering the saturated cloth with. glass drives the stain into the concrete, while a dry slab of concrete draws some oil into it. • Scrubbing with mineral spirits dr • other organic solvents will often remove oil stains.. Caution should be taken when using or solvents as inhalation of the vapour and prolonged' skin contact with the liquid may lead to unpleasant health effects. • • TOBACCO STAINS. . • The following formula Is usually effective, dissolve 900 g •(2.Ibs.) of tri sodium phosphate (TSP). crystals in . 4.54/(1 gal.) hot water. Mix 340 g (12 ounces) of chlorinated lime to a paste in a shallow enamelled pan by adding water slowly and mashing the lumps. Pour this and the trl- sodium phosphate solution into a 9 / (2 gal.) stoneware jar and add water until full. Stir well, cover the jar, and allow time to settle :, To use, add some of the liquid to powdered talc until a thick paste is obtained. Apply as a 6 mm poultice a trowel: To apply with a brush, add about one teaspoon of sugar to each 454 g (Ib.) of powdered talc. When dry, scrape off with a wooden paddle or trowel. This mixture is a strong bleaching agent and is . corrosive to metals. Care should be taken not to drop it on coloured fabrics or metal fixtures. • • • • This method Is valuable for treating other stains Tri- sodium phosphate may be purchased at dru tores, chemical supply or laundry supply houses, if the stain is not bad, grit scrubbing powders, corrirn ly Used on-terrazzo, tile and marble floors are often satisfactory as a poulticing material, Stir powderint hot water until mortar consistency is obtained, Mix thoroughly, then apply to.stained surface in.a '18 mm layer. Leave until dry. In most cases, two or more applications will be necessary... • • . • i • i TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA 17 • • • COFFER STAINS ' • i Coffee stains can be removed by applying a cloth saturated in glycerine diluted with four times its volume c of water. JaveIle water, or the solution Used on iron stains; is also effective. _" IODINE STAINS • An iodine stain will gradually disappear on its own accord. It may be removed quickly by applying alcohol. and covering with whiting or talcum powder. If on a verticalsurface, mix talcum to a paste with aloohol. Apply some alcohol to the stain, then cover with paste, • . BL000 STAINS. • Blood stains can be removed by the following method: . - Use cold water and a mild detergent to clean the area. - Apply a solution of cold water and trkodlum- phosphate (T.S.P.) crystals or a solution of 5.0% ammonia and water, allowing it to sit for several minutes.. . . . . - Agitate or scrub gently with a stiff scrubbing brush or nylon scouring. pad. . . . • . , - Rinse with clear, cold water, Dry with a clean cloth or paper towel. .. • - If the stain remains use a poultice with a powder such as ammonia and.dlatomaceous earth. • CHEWING GUM • . Chewing gum can be removed by the following method: • • . • - Apply ice to harden gum. . - Scrape off with putty knife or razor blade. • - Remove remaining traces by scrubbing with a nylon scouring pad, saturated with. trichloroethylene. Caution should be used when using frichloroefhylene as inhalation of the vapour and skin contact vv ith the liquid may lead to unpleasant health effects. . GREASE . Method for removal of grease, fat, butter, salad dressing or milk varies with the conditions, : TWO methods. are recommended: . Method 1 . , - Use a strong solution of high-alkaline cleaner (T.S.P. or similar product) and very hot water. - Agitate with stiff scrubbing brush. . . - Rinse thoroughly with very hot water. . Method 2 • . . - Apply a thin layer of thick paste of non bleaching cleanser (pumice powder) which will not grout joints. Note: Other absorbents are corn hieal,.corn'starch, talcum powder, Fuller's' earth, and French .chalk. - Next morning agitate with scrubbing brush or nylon scouring pad. . - Rinse thoroughly with very hot water. . • .. • TERRAZZO, TILE AND MARBLE ASSOCIATION OF CANADA . . ' . 18 . • L'ASS�CIAl'��D�I; CAt01A ®��I�lIe1� 8�� T��63A�� ®, �'U��.� ��' I@�A��3�� � - - � ��IEM ®�R5H1P R05TER 1890/2000 � . CC7NTRACTOR MEMBERS •' .� AI,BEI$B'A � E, Be11uz E� 5on Tile E� Marhfe Ltd. Cen4a Canstructian. (alberYa Marble C� The Company Bertofa llles D.'Rrnarlo The Ltd. • Porter Tile F� Marble Ltd. Kingstan ared Gem - Campbell Terrazzo px llle lric, • ideal The � Terrazzo Ltd, Eastern Dntario Terrazzo CxTlle Co. Herltase 7111r�s inc: ;.• ' Spada Tile (Bellevflie) Ltd, Lancie llle ltd, ' , T3ItI'�IB� C ®ILiJl!'d�IA Kitchener area Maple Terrazzo, tMaitile s�111e Inc. Rpex Granite E�llle Inc. Tosco The Llm4ted � Rtchmond.:111e. "Llmit'ed �� .. Bridgewater ilia Ltd. Twin Clty Tile Company Ltd. Terrazzo,: M:osalc: �:TIIe;Co, Ltd. CC,,S Ceramic �11e Cantr�ctors • . (.nndan area Yark'Mar�i(e;`T1tQ :�'Terrazao Inc, Star The Company Ltd. Bernardo Marble . Es Tl{e Ltd, LU/rtdsor are��' ` � • ClaSSic Markle, Granite tz ilia Colauttl Broitie'rs �M•arble.Tlle f� Carpe 14�ANI`iC ®.� r� Ottauta area Plaza Ontario M'a�ble`�.'Tile inc. Fabric &Watts Llmlted Rrban Terrazzo, Tile ls. Marble Ltd. Unique Flndring and'Installfa¢(on� ' : Capital 111e 5 Flooring Ltd. � ::...;�,.;, NEB III�UNS�ICI� : C,D, Tile Ltd. QIJEEEC ..' ,`..;f;;;; ,�.: . . Rcadla Marble, The E. Terrazzo Ltd, � DlValentin Canstructidn Ltd. Montreal at�+� . • �_��.'•� : = < �!' Carpet (ranch Ltd, Dur1e The Ex Marble Ltd, G H Clot Cle Ltee " '`' ""� Coastal Flooring �. Wall (1992) Ltd. 'Federal The Company Limitsd Easey -Pllon Inc: '. -• • • ' Saint Jahn The �, Terrazzo Ca, Ltd. Rresta Construction inc. La Cie Maruzzf Ltee . • 5udbu�y oleo Les Ceramiques Champlain (1999) Lts NOVA BCO'Y`'(A H N Tile � Terfazzo lnc. � National Ceramic + Ltd. Nava 'ilia � Marble 4lmited Centis 11fe >x Terrazzo (1991) Inc. �(7erbra�ke a��a • Tnrpr?tD area � Fena Terrazzo.Tuile.:et.Marbre Ltee ®N'I'A'�I® FlmberTlle txTerrazio Inc, Nam( /tan area CalligaroTlle Co. ltd, ��SI�A']���I�A)��`:r�.;;� �; Fldlers Maln ilia F. Carp�a Co, Ltd, Capital 5toneworks Ltd. 1:CKL Flgoring.Ltd; ��:'.;; >,•.�: °�.t :.Casilewall Marble and 111e Inc, ' • SUPPLI�'R MEME�FRS >grnie Slate 6.11{e Company Ltd. lmala Marketing Services Pnly'merica� inc;��' ° •s :•��: Ancgr Granitq� Ttle Inc. industrial Rbraslves Inc, Premlet Cefam(cs.lrtiRartln ;g,Ltd. -_ Centura Flocla• and Wall Fashions � (tiiv, of Paul.MacMlllan In[.): •. Ptoma Fldhe5lves�li�c: ".': ~�r�� �-� Chemban'd Limited Italber lnternatidnai Inc. '• Quar'fzitec.lnc: i':;';;;,; 4: � ''' , •;t .;. C {at Imports Ltd. Key Resin Company, fnc, Savala Canada= lnc:; "� >:'•��:�� °;;�;� ' ❑a1 -111e of Canada, Inc, La Margna Inc, 5rMuterSyst�rn�,.(Ga�adaj lnc. Domus Lns {nearing ComFlany Laticrete internatlanal Se1by�Urrete Ffoorl�g � �•;:' .� Duachem Inc. � Mapef Inc, 5tacan Fasteriars�Llriilt�d;''� Expressions in Tile Maple Leaf Ceramic Ind. fleg'd, 5toklosar Marble °qua {rl�s Federal White Cement, Inc.. The Marble Clinic Ter Inc. •_.,.° i;r•s:��•:.::r,': Ffextlie Ltd. Marble � Granite International Ltd. Terrazaa &. Marble Stippj'y:C'a. • ' General Polymers Marble Trend Ltd, Thames Vailey ' Georgia - Pacific Canada inc, New.Engiand Slate Limited � ' ' Tile Redl Canada lric, �• ' -��' ` •Galdmark 5anitatlon Products Ltd. Olympia 111e' Internatlanal Inc. Vanguard Maintenanee .6 Janitdrlal Granlreic Inr, 051 Hard Surfaces. 5ervlces�Ltd. � ' 6ranit Busslere Inc: Pamas Slate f� Stone 5upplles•Inc. Windsor Ceramics (1999) Inc, PROFESS/ ©NAL Mk�MBFRS F1FFlL(ATE A55�GATlONS • • • •� • ��'•���'�` Glaba B f Pi n Consultants . • : c �� ;1q�,`� ene {t a In[. Ceramic ilia Cantractars Ec Industry Rssorlatlon of B,C.� '�`�� `" lntertek Testing Services - NR Ltd. ' Terrazzo, The � Markle Guild of Qntar {o, fnr., •• err hk ,�Ul���`�����?4 ��' Sf�,��' � ;(} !<R6 Group ,. �.� y��,sr��"`y�IG�� ,�z �' k? National l"ratnin9 Centre f��r Slane Fi �L`` '��a ���� ; � '�` �� # � ��fi�? � r' Masonry Trades J � � ��'�'�`�s '"�� �.�y�� '��{ , `�i�� ��,�� to '� �,f Y f �� 1 Picca Englneering � rf.�� � #� � �' ���` � ���� �' �e5nlCk f_t Cam BR � tt l�-��� `- �` � �te� ��M,�� �t r 1 � ��'f( � ��. � .{�'��iy�� #tip �•: p y , � � a #� bra � ! '� ' , � "�'�� � �� >* � , r >���,p r •� Chartered Rrcountants , ,,' � �I� � i� .�t�� 1 ;�� f� �, <-�J �� , al r ��`Y,�1��'� { t 'i s Sr l�. !h ` kllT+ }r 'sj'} �d t I Sri i �� (. p. } r c5 t . 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I ,Iti 1S:� I..r r }� �.r� 1• I {�t, , �U ,1> :i(n {.iY 4ti���'. t. }:6,»2 � _ p ���f {t!_ 1 .t� , `.tLt° "�''� It �lY�ps�L�k�.. „ {�it L Cs�;,��'tPt�. :,r {r'1 >`I'� {��i �� 9, 7 ;. 1 *:Sf� v kr 5a1��- ., E� a,<s `+'Y'. t ���,. � t;, �, , �' 1 D T „f' l 1� }�hI J;� � t,'s ii .->N .3 ..r1 .,,k. h'�•...?Cl:, v -, ...s.. �.:c�,•.. k.F:.c'{"r!- ` :,: ��,...:.'� 5 r Y 'yr,' / } ��. r. '”, :{-��: 9 � `S�� ' � r'q TL � ,n + -. t6� rr.. .....�fu.>.Y�i� 1,F . <�35�1..n� ..t. �lr.�r, ,s.�. ,� ,�� c .i<?;S �,?i' -s �)41_r !� �.. Schluter Systems PROF 1 L E O F I N N O V A T I O N Schluter ® -DITRA Special 5 -Year Limited Project Warranty NO ASSIGNMENT: This Limited Warranty extends ONLY to the original intended owner (Owner — named herein) and is not transferable or assignable, unless otherwise prohibited by specific federal or provincial law. Owner: The Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 Location: Kincardine Community Medical Centre Physicians Group 44 Queen Street North Kincardine, ON N2Z 3C1 Project: Ceramic Tile and Schluter ® -DITRA application at the Kincardine Community Medical Centre Subject to the conditions and limitations as stated hereinafter, Schluter Systems (Canada) Inc. (hereinafter referred to as Schluter Systems) warrants that Schluter ° -DITRA (the "Product ") will meet all composition and performance criteria for a period of five (5) years from the date of purchase only when the Product is used and installed in accordance with the terms and conditions of the Schluter - DITRA Installation Handbook and industry standard guidelines that are not in conflict with the Handbook. Applicable Schluter ® -DITRA Installation Handbook Details: D- C -TS -10 If the Product fails to meet this warranty, Schluter Systems, at its election, will a) reinstall or replace the failed portion of the floor covering assembly or b) pay an amount not to exceed the original square foot cost of the installation of the floor covering assembly verified to be defective. Floor covering assembly is defined to include all Schluter ® -DITRA materials, non - reusable flooring surfaces, and the appropriate setting and grouting materials. Further, due to conditions beyond the control of Schluter Systems (e.g., color and shade availability, discontinuation, normal wear and tear), Schluter Systems cannot guarantee or warrant an exact match to the specific tile, stone, or other flooring materials used in the installation. In such events, substantially similar materials may be substituted. WARRANTY DISCLAIMER: THERE ARE NO WARRANTIES BEYOND THIS EXPRESSED WARRANTY AS STATED ABOVE. ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, ARE DISCLAIMED AND EXCLUDED, INCLUDING WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR ,, , - - -- - -- }, Schluter Systems (Canada) Inc. • 21100 ch. St -Marie • St- Anne -de- Bellevue, Quebec H9X 3Y8 • TeI.: 1- 800 - 667 -8746 •Fax: 1- 877 - 667 -2410 www.schluter.com Schluter Sysfems Pt30f1LE OF tN NOVATION A PARTICULAR PURPOSE ARISING BY STATUTE OR OTHERWISE BY LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SCHLUTER SYSTEMS EXCLUDES AND IN NO EVENT SHALL HAVE ANY LIABILITY FOR LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR OTHERWISE CONNECTED TO FAILURE OF THE PRODUCT OR FLOORING SYSTEM OF WHICH IT IS PART, NOR MISUSE OF THE PRODUCT OR FLOORING SYSTEM, REGARDLESS OF ANY STRICT LIABILITY, ACTIVE OR PASSIVE NEGLIGENCE OF SCHLUTER SYSTEMS, AND REGARDLESS OF THE LEGAL THEORY (CONTRACT OR TORT OR EXTRA - CONTRACTUAL OR OTHER), NOR FROM ACTS OF WAR, TERRORISM, FAULTY AND NEGLIGENT PENETRATION OF THE SYSTEM, FIRES, EXPLOSIONS, ACTS OF GOD, INTENTIONAL ACTS OF DESTRUCTION OR ANY LOSSES DUE TO STRUCTURAL FAILURE OR OTHER CAUSES UNRELATED TO THE PRODUCT OR DELAYS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS GIVEN IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED. THE REMEDIES CONTAINED HEREIN ARE THE ONLY REMEDIES AVAILABLE FOR BREACH OF THIS WARRANTY. SUITABILITY OF PRODUCTS: IT IS THE RESPONSIBILITY OF THE OWNER/ BUILDER/ INSTALLER TO ENSURE THE SUITABILITY OF ALL BUILDING MATERIALS AND ALL ASSOCIATED BUILDING MATERIALS FOR THE OWNER'S INTENDED USE. IT IS RECOMMENDED THAT THE OWNER CONSULT WITH AN EXPERIENCED AND PROFESSIONAL INSTALLER. CLAIMS ON THIS LIMITED WARRANTY: To make a claim under this Limited Warranty, the owner must provide Schluter Systems with written notice within 30 days of any alleged defect in the Product covered by this Limited Warranty, together with date and proof of purchase of the Product, proof of the costs of the original installation and name and address of all installers, failing which this Limited Warranty shall be of no legal effect. Schluter Systems reserves the right at its election and as a condition of this Limited Warranty to inspect the alleged failed and defective condition. This warranty shall supersede and replace any and all prior oral or written warranties, agreements, or other such representations made by or on behalf of Schluter Systems relative to the Product or the application of the Product. No changes or modification of any terms or conditions of this warranty are allowed unless authorized by written agreement and signed by the Technical Director or an Officer of Schluter Systems. All Claims shall be sent to: Schluter Systems (Canada) Inc. Attn: Warranty Claims Dept. 2110 ch. St- Marie. St- Anne -de- Bellevue, Quebec H9X 3Y8 �. _. ___._i �__.__.. __ ti_.. Schluter Systems (Canada) Inc. • 21100 ch. St -Marie • St- Anne -de- Bellevue, Quebec H9X 3Y8 •Tel.: 1- 800 - 667 -8746 •Fax: 1- 877 - 667 -2410 www.schluter.com UANBURY WARRANTY &MAINTENANCE Owner: Municipality of Kincardine Architect: Parkin Architects Limited Project: Kincardine Community Medical Centre Lower Level Flooring Replacement Project No. 0813 -1 Location: 44 Queen Street North Kincardine • ON N2Z 3 C 1 Description: Section 09 65 30 Resilient Base • Johnsonite Rubber Base 7674 County Road 91 • Stayner • ON • LOM 1 SO PH: (705) 428 -5467 Ext 21 FAX: (705) 428 -5576 r �o�son�.te� LIMITED WARRANTY For a period of one (1) year from the date of merchantability orfitness for a particular purpose. 3. Certain chemicals and various substances shipment, Johnsonite makes the following 6. Problems caused by moisture, hydrostatic normally attack rubber formulations. Standard warranty, subject to the terms and conditions pressure, or alkali in the sub -floor. Johnsonite Rubber Tile and Rubber Sheet specified herein, far all Johnsonite Rubber and 7. Problems caused by uses, maintenance and Flooring should not be used in commercial Vinyl Wall Base, Stair Treads, Floor Keeper installation that are contrary to Johnsonite's kitchens and /or areas where impregnation from Matting and accessories. specifications, recommendations orinstructions. cooking oils, vegetable fats, petroleum products 8. Material installed with obvious defects. and similar contaminants are likely to occur. If For Johnsonite Replay Rubber Sports Floor Tiles g. Damage to flooring products from high heels or any particular chemicals or substances are and Rolls, Johnsonite warrants the wearability of spike heels, going to be present in the environment, this product for a period of two (2) years from the 10. Installation of Johnsonite products with adhesives adequate testing should be done in advance to date of installation. other than those recommended by Johnsonite, ensure suitability for the application. Defiant Oil For Johnsonite Cityscape, Roundel and Circulinity 11. Exterior installations. Johnsonite's products are and Grease Resistant Rubber Tiles are ® designed for interior applications only. recommended in such situations. Rubber Floor Tiles, Safety Stride Solid Vinyl Floor 12, Fading and /or discoloration resulting from heavy 4. Certain oils and antioxidants sometimes used in Tiles, Triumph'" and Inertia Rubber Sports Floor sunlight penetration and ultraviolet ray exposure the manufacture of rubber tires can cause Tiles, and Terra -Turf only, Johnsonite warrants from direct orglass- filtered sunlight. staining and discoloration. In auto showrooms, the wearability of these products for a period of five 13. Material that is not installed and maintained as for example, we recommend that tires NOT be (5) years from the date of installation. recommended by Johnsonite, allowed to come into direct contact with the tile. For Johnsonite 4mm thick Rubber Floor Tiles, 14• Damage to flooring products from palletjack and We suggest utilizing a pad made from carpet, Defiant Oil and Grease Resistant Tiles, and tow -motor traffic. masonita, scrap tile, etc. Contact Johnsonite ComforTech Rubber Sheet Flooring only, 15. Premature wear and deterioration from spikes Technical Applications Departmen ®for the Johnsonite warrants the wearability of these and skate blade exposure, specific details. Note: ComforTech Rubber products for a period of the (10) years from the 16. Differences in color between products and Sheet Flooring is not recommended for use in date of installation. photography. auto showrooms. Note: ComforTech Rubber 17. Embossing deviations between product and Sheet Flooring is not warranted against If dissatisfied with the wearability, the owner must samples, photography and printed color damage from lack of protection under caster notify Johnsonite and permit an inspection of the illustrations, chairs. flooring. If the original flooring is worn through and These warranties are in lieu of an other warrant 5. Not recommended for use in hospital operating the flooring has been properly installed and y y rooms or computer rooms; NOT a conductive maintained, Johnsonite will replace the worn -out expressed or implied. Johnsonite shall not be liable tile. flooring at its cost in the affected room or area, for any incidental or consequential damages which subject to a charge to the customer to reflect a may result from a defect. Some states do not allow Rubber and Vinyl stair Treads prorated discount for the age of the flooring. the exclusion or limitation of incidental or 1. Back of the tread must be cleaned with consequential damages, so the above limitation or Johnsonite products will conform to the contract exclusion may not apply to you. These warranties denatured alcohol to ensure proper adhesion. description, with only such reasonable variation as give you specific rights, and you may also have rights 2• The nose of the tread must fit tightly against the is acceptable in the trade; it is fit for the ordinary which may vary from state to state. To know what face of the stair riser or nosing. Any open purposes for which the product is used; and it will your legal rights are in your state, consult your local spaces at the nosing between the step and the be adequately packaged and labeled. or state ConsumerAffairs Office or your State tread must be filled with Johnsonite #930 Epoxy Attorney General. Caulking Compound (nose filler). Johnsonite will replace any defective product at no 3. All treads and risers must be thoroughly rolled charge if the defect is found prior to installation. If For complete and latest warranty information for until a firm bond has been obtained. the customer believes the product to be defective products within the Johnsonite Tarkett 4. No traffic for 24 hours. after Installation, the customer must promptly notify Collection, please see johnsonite.com. 5. Proper maintenance on a regular basis is Johnsonite and permit an inspection of the product, essential to the appearance and wear -life of the If, upon inspection, Johnsonite determines the INSTALLATION AND MAINTENANCE NOTES treads. product to be defective, subject to the limitations Rubber Wall Base 6. For rubber stair treads, see number 3 under contained in this warranty, Johnsonite will replace 1. Not for use over vinyl wall coverings or epoxy Rubber Tile. the defective product at its cost in the affected paint and(or any non - porous surfaces. Terra -TUIf room or area. 2. Generally requires little maintenance. If deemed 1. Can be power vacuumed, swept, hosed or To be eligible for replacement under any of these necessary, an acrylic floor finish can be applied. shampooed to clean. 3. Johnsonite Rubber Wall Base will not shrink. warranties, the customer must give Johnsonite 2. Terra -Turf is warranted to be free from defects written notice of any claimed defect immediately Improper installation can cause stretching of the due to materials or workmanship for a period of upon learning of the defect and in no event more material and cause gaps when the material five (5) years. The complete limited warranty is than 90 days after the claimed defect is discovered. returns to its original length. available on request. Notice shall be given to Johnsonite at its Vin I Wall 68Se 3. For Terra -Turf, see number 3 under Rubber corporate address of 16910 Munn Road, 1, Not for use over vinyl wall coverings or epoxy Tile. Chagrin Fails, Ohio 44023. paint and /ornon- porous surfaces. Resilient Mouldings Excluded from Warranty 2• Generally requires little maintenance. {f deemed 1, Generally requires little maintenance. If necessary, an acrylic floor finish can be applied. deemed necessary, a paste or acrylic wax can These warranties do not apply to the following: 3. Johnsonite Vinyl Wall Base will not shrink. be applied. 1. The exact matching of shade, color or mottling. Improper installation can cause stretching of the 2, Johnsonite Resilient Mouldings will not shrink. 2. Any express or implied promise made by any material and cause gaps when the material Improper installation can cause stretching of salesman or representative. returns to its original length. the material which will result in gaps when the 3. Tears, burns, cuts or damage due to improper material returns to its original length. installation, improper use or improper cleaning Rubber Tile and Rubber Sheet Flooring agents or maintenance methods. (all types) For specific installation, maintenance and 4. Labor costs for installation of original or 1. proper maintenance on a regular basis is warranty details on all Johnsonite solutions, replacement material. essential to the appearance and the wear -life of including the Tarkett Collection, contact 5. Sale of "Seconds," "Off Goods" or other the the and sheet flooring. Johnsonite or visit www.johnsonite.com. irregular (non- first - quality) flooring materials. 2. Tiles may have slight color variations not With respect to "Seconds" or "Off Goods," such detected at the factory. All tiles must be dry -laid For warranty to apply, Johnsontte adhesives are sold "as is," and Johnsonite makes no and examined under standard lighting conditions must be used for installation. See specific warranties whatsoever, express or implied with for color acceptance before being installed. (See product listing for proper adhesive respect thereto, including warranties of installation brochure.) requirements. Revision 11- Released September, 2007 110907 oh������ Rubber &Vinyl Wall Base Maintenance Instructions Routine Cleanin Johnsonite Rubber and Vinyl Wall Base are maintained with regular wiping with a soft, wet cloth. A mild soap may be added to the water. Coarse scrubbing media or harsh cleaning chemicals may damage the surface of the wall base. For further questions please contact Johnsonite Customer Service or Technical Services Department at 1- 800 - 899 -8916. ��15(l�l�.�£� Technical Services Department 16910 Munn Road, Chagrin Falls, Ohio 44023 (800) 899 -8916 ext 297 Fax (440) 543 -8920 www. Johnsonite.com E -mail: info @ Johnsonite.com © 2006 Johnsonite, Inc. A Tazkett Company. 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