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HomeMy WebLinkAbout14 115 Municipal Administration Centre Renovations (Allen-Hasting Ltd.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1. :0„ Lz.. 4 4.J'*1 KBT , � Gy PALIIY OF KMCP� \0 BY -LAW NO. 2014 -115 BEING A BY -LAW TO ACCEPT A TENDER TO RENOVATE THE MUNICIPAL ADMINISTRATION CENTRE (Allen - Hasting Ltd.) 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 e 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 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 it has been determined that there is a need to renovate the Municipal Administration Centre as outlined in Report CBO 2014 -09; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Allen - Hasting Ltd. for the renovation of the Municipal Administration Centre in the amount of $1,471,780 (excluding applicable taxes), be hereby accepted. 2. That the Mayor and Chief Administrative Officer be 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. 4. This by -law may be cited as the "Municipal Administration Centre Renovations (Allen - Hasting Ltd.) Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 13th day of August, 2014. READ a THIRD TIME and FINALLY PASSED this 13th day of August, 2014. L- giai_ " i' • • • Deputy Mayor De • uty Clerk • Municipal Administration Centre Renovations (Allen - Hasting Ltd.) Tender Acceptance By -law By -Law No. 2014 - 115 CONTRACT DOCUMENT: ALLAN - HASTING LIMITED Project: Municipality of Kincardine Renovations To Municipal Administration Centre Contract No. 14043 Refer to Article 10 A -4 for signed contract (Page 172 of scanned document) Between Owner Municipality of Kincardine and Contractor Allen- Hastings Limited 28 Birch Road R.R. #1 Miller Lake, ON NOH 1Z0 Filed under separate cover in Administration File — C01 in Central Records: Also: OIRCA Ontario Industrial Roofing Contractor's Association STANDARD FORM OF WARRANTY — Warranty No. 13231 Soprema Mod -Bit Municipality of Kincardine Terrace Roof MAC Building Date of completion of roofing December 16, 2014 Date of expiration of warranty December 16, 2016 Soprema Platinum 10 Year Limited Warranty Titled: Municipality of Kincardine By -Law No. 2014 - 115 BEING A BY -LAW TO ACCEPT A TENDER TO RENOVATE THE MUNICIPAL ADMINISTATION CENTRE (Allen - Hasting Ltd.) Cited as: Municipal Administration Centre Renovations (Allen - Hasting Ltd.) Tender Acceptance By -law Dated: 13 day of August, 2014 Municipal Administration Centre Renovations (Allen - Hasting Ltd.) Tender Acceptance By -law By -Law No. 2014 - 115 CONTRACT DOCUMENT: ALLAN - HASTING LIMITED Project: Municipal Administration Centre Renovations Refer to Article 10 A -4 for signed contract (Page 172 of scanned document) Between Owner Municipality of Kincardine and Contractor Allen- Hastings Limited 28 Birch Road R.R. #1 Miller Lake, ON NOH 1Z0 Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By -Law No. 2014 - 115 BEING A BY -LAW TO ACCEPT A TENDER TO RENOVATE THE MUNICIPAL ADMINISTATION CENTRE (Allen - Hasting Ltd.) Cited as: Municipal Administration Centre Renovations (Allen - Hasting Ltd.) Tender Acceptance By -law Dated: 13 day of August, 2014 ....... ,, Roofing & Sheet Metal Ltd. ...--.. PO BOX 11, OWEN SOUND TELEPHONE (519) 371 -3888 ONTARIO N4K 5P1 FAX (519) 371 -4694 June 25, 2015 Allen Hastings 28 Birch Road R.R. 1 Miller Lake, ON NOH 1Z0 Attn: Barry Mellish Re: Municipality of Kincardine 1475 Conc 5 Kincardine, ON Enclosed please find the original Two Year Ontario Industrial Roofing Contractors Association Warranties for the work we completed at the above noted Projects. ... Please forward this document to the appropriate person. Have them sign all three 4 copies, return one signed copy directly to us and have the _Owner retain a copy for their records. Please note that the Warranty does not become effective until we receive THIS back. We trust the enclosed is satisfactory, but should you have any questions, please do not hesitate to call us. 1 Yours truly, Kaitlyn Knipe Office Administrator Members O.I.R.C.A. Members C.R.C.A. 0 incik Ontario Industrial Roofing Contractors Association STANDARD FORM OF WARRANTY Warranty No. 13231 The Company, being a member in good standing of the Ontario Industrial Roofing Contractors' Association, has completed the installation of the following roofing assembly: Soprema Mod - Bit on the building described as follows Owner Municipality of Kincardine Building Terrace Roof Location 1475 Concession 5 Rd Kincardine, ON N2Z 2X6 Approximate area of roof warranted 4400 Date of completion of roofing December 16, 2014 Date of expiration of warranty December 16, 2016 The Company will repair, at their expense, any actual leaks in the roofing membrane, membrane flashings and related street metal work of the said roof resulting from our faulty workmanship for a period of two years on the roof membrane and membrane flashings and one year on related sheet metal work commencing thirty days after the above date of completion. The warranty is given and accepted on the following conditions: (a) If leakage to the roof occurs, the Owner shall notify the Company immediately in writing and if repairs are to be made under this warranty, the Owner shall allow for a reasonable time to effect such repairs. Such repairs are to be made during regular working hours by our forces. (b) Neither this warranty nor the contract for the installation of the roof shall render the Company liable in any way for any damage to the above described building or to any contents thereof, or for any interruption of business resulting therefrom. Acceptance of this warranty by the Owner shall constitute conclusive evidence that he does not and will not hold the Company liable for any damage to the said building or any contents thereto, notwithstanding anything to the contrary contained in any agreement, written or oral, for the installation of the roof. (c) No responsibility of liability is assumed in respect of repairs made necessary by: gale, hurricane, tomado, hail storm, lightning, or other phenomena of the elements or other hazards which may cause damage to the exterior, interior or contents of the said building or structure; inadequate design or specification; water vapour or moisture migration through or from the roof deck; failure of any materials used as a roof base or deck, or roof insulation over which said roof has been applied; settling of the building or distortion or failure of the building's foundations, walls, copings, or roof deck; failure of any components or appurtenances used in the roof system; nor damage to said roof and flashings caused during or after the application thereof by persons working or being on or about said roof. (d) This warranty is given expressly in lieu of any other guarantees or warranties expressed or implied including any implied warranty of merchantability, quality or fitness for a particular purpose. (e) This warranty will be cancelled automatically if the surface of the roof is altered in any way or if the roof is altered by attachments made thereto, or if the building is used for any other purpose than originally designed without the prior written approval of the Company. (f) Complete payment to the Company for the above work is a condition precedent to this warranty taking effect. (g) This warranty does not warrant any materials, or design, or methods specified or directed by the Owner, his Architect or their Agent. (h) If leakage to the roof occurs, the Owner will be responsible for all costs associated with providing clear access to the roofing assembly described above for inspections and/or repairs, including the removal and replacement of all materials, equipment or anything covering the assembly. D.J. Peat Roofing & Sheet Metal Limited Company June 9, 2015 ,5 , 2 Date Authorized Officer We confirm the above roof to be in good condition, as of the date below, and accept this warranty as the full extent of the roofing contractor's liability. Municipality of Kincardine Owner y r ,$)..„ A Date Auth orized Officer D.J. Peat Roofing & Sheet Metal Ltd. PO BOX 11, OWEN SOUND TELEPHONE (519) 371 -3888 ONTARIO N4K 5P1 FAX (519) 371 -4694 August 21, 2015 n, Municipality of Kincardine g�C 1475 Concession 5 qU6 FQ Kincardine, ON N2Z 2X6 Friff7, � o A 207.5. e/ht,.' Re: Kincardine Municipal Admin Building 1475 Concession 5 Kincardine, ON Enclosed please find the original Soprema Platinum 10 Year Limited Warranty for the job we have completed at the above noted address. Please read the conditions and forward to your client to keep in a safe place. We trust the enclosed is satisfactory, but should you have any questions, please do not hesitate to contact us. Yours truly, Kaitlyn Knipe Office Administrator Members O.I.R.C.A. Members C.R.C.A. Agenda Council 0 File No. MR Consent ❑ a) 1 1 at 7,12 f 0 CirIction raigd. other: Pa 1 r.Ao ❑ ❑ C en • Clerk 69-(1 J , Nc 1 1):114. Treasury ❑ ❑ C/ r 5,44 `°" ' 149/'(--"5- Public Works 0 ❑ O Budding/Planning Iid" ❑ Recreation ❑ ❑ < { F� A , , Emergency Services ❑ ❑ Scanne t i ty V 5 .: ::Se. ❑ TECEIVED AUG 2 7 2015 Other: ❑ ❑ SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA SOPREMA a g es go SOPREMA WARRANTY PLATINUM 10 YEARS \ r 09 tot a Name and address of owner : Project description : a 1 Municipality of Kincardine Area 1475 Concession 5 4400 ft / r, ; Kincardine, ON Date issued: ' i N2Z2X6 2014 -12 -16 7 Specification 1 Name and address of contractor : XI DJ Peat Roofing and Sheet Metal Ltd. Base sheet field area: 3 438640 Grey Road 15 Sopraflash Flam Stick a a Annan, ON Cap sheet field area : NOH1 B0 Sopralene Stick HR GR a a Name and address of project : Base sheet (lashings : NS Kincardine Municipal Admin. Building Sopraflash Flam Stick 3 2 O. 1475 Concession 5 Cap sheet (lashings: a a Kincardine, ON Sopralene Stick HR G 2 N2Z2X6 d SOPREMA INC., a legally constituted corporation with its registered office at 1688 rue J.B. Michaud, Drummondville (Quebec) J2C 8E9, hereafter designed as ' In SOPREMA, warrants, to the above referenced owner, that SOPREMA will repair any leaks in the roofing membrane for the above referenced building and roof a a area during the warranty period indicated above, beginning at the issue date of the warranty or at the date of substantial completion if applicable, subject to the LIMITATIONS and CONDITIONS set forth hereunder: 9 i xi L IMITATIONS and CONDITIONS a 1. In the event that manufacturing defects or deficiencies in the materials furnished or approved by SOPREMA or an application defect by the approved roofing contractor 9 oc which causes water infiltration to occur, and provided that the materials in question were installed in strict compliance with current published standards, instructions and a d specifications prepared by SOPREMA, SOPREMA undertakes, for the duration of this warranty, to make all necessary repairs to restore the roofing system to dry and 2 2 O watertight condition. The liability of SOPREMA hereunder shall be limited to the cost of materials and labour to restore the roofing assembly and membrane to a dry and a a watertight condition and shall, under no circumstances, include the replacement of an existing roof assembly in the case of a recover (Platinum Generations), any direct, a E indirect or consequential damages of any kind other than damage to the roof. Specifically, SOPREMA shall not be liable for loss of use of the building or the equipment or 7 s contents therein, lost profits due to production stoppages or any other type of harm whatsoever and without restriction caused to the owner, the users and/or any clients. T a 2. With the exception of SOPRANATURE green roof system components provided by SORPEMA, the owner will have to (at its own expense) do the work required to free the Ss roofing membranes from any items covering them, including but not limited to earth fill, plants, paving stones, concrete, gravel and insulation, so that SOPREMA can h a proceed with the repairs. 0 III is 3. In the event that materials covered by the warranty are no longer available, SOPREMA reserves the right to supply other materials compatible with the work to be 3 N performed. a 4. This warranty shall only be in effect if SOPREMA has been paid in full for all warranty charges and materials supplied for installation on the above - referenced building. 5. Subject to the other terms and conditions of this warranty and without limiting the generality thereof, SOPREMA shall not be held liable in the event of: a) Abusive or 0 abnormal use of the materials supplied by SOPREMA, such as excessive traffic on the roof, use as a storage area, storage or stockpiling of materials or objects on 3 SOPREMA materials. b) Faulty building design or construction. c) Insufficient ventilation of the attic in buildings with vented attics. d) Alterations, transformation, additions a or repairs to the roof after the above referenced date without prior, written authorization from SOPREMA e) Damage from falling objects regardless of source. f) Acts of G od including but not limited to war, rioting, acts of terrorism and natural catastrophes, including but not limited to Flooding, lightning, hail, earthquakes and windstorms. g) O Movement or deterioration of a material adjacent to and /or incorporated into materials used as a direct or indirect base for the membrane, or any defects in the building a d structure or abnormal movement thereof. h) Improper maintenance of the roof, or failure to exercise reasonable care. 3 2 6. During the warranty period, SOPREMA agents or employees must have free access to the roof at all times during regular business hours as may be required. a E 7. This warranty may be transferred to subsequent owners of the building provided written notice is sent to SOPREMA, at the above - referenced address within THIRTY (30) 9 ol days of change of ownership, failing which, the warranty shall be null and void. xi H 8. The warranty holders' recourse as described herein is the sole and exclusive recourse in the event of a claim under this warranty or a claim in any way related to the a membrane, and excludes all other types of claim, including for regular wear, changed appearance or variation in colour or tone. a C in 9. In the event of dispute over interpretation or enforcement of this warranty, the court jurisdiction for dispute settlement shall be that of the province in which the building is ix located and in the city in which SOPREMA has its closest registered office. In the event that SOPREMA has no registered office in the province, the city shall be that in xi O o. which the building is located. H 10. The owner is presumed to have understood the nature and scope of each clause of this warranty unless explanations were asked in writing of SOPREMA within TEN (10) a days of the issuance date. 0 a 11. In the event a leak occurs during the warranty period, the warranty holder must notify SOPREMA in writing at the above - referenced address to the attention of the a 0 Warranty Agent, Soprema Technical Department, within EIGHT (8) days of the discovery of the leakage. a It No agent, supplier representative or employee of SOPREMA is authorized to alter this warranty in any way whatsoever. No warranties or O It cc obligations, whether express or implied and whether of a legal nature or not, shall extend the scope of the present warranty. In the event xi d an individual term or provision of this warranty is declared null and void by a Court, the other terms and provisions of the warranty shall 1 tow retain their full force and effect and not be invalidated in any way. Is a C W a. a a. 1 N a a c W m a. 1 y a a cn • =nom} 9 G t". BIO @ a: H a VW3adOS VMERIM S S VW3RdOS VIABIddOS VW311dOS VW38dOS VW3ildOS VVfl dOS Vti1113RdOS VMl3tddOS MEMOS VW3tddOS t4W971dOS VW311dOS MUNICIPALITY OF KINCARDINE RENOVATIONS TO MUNICIPAL ADMINISTRATION CENTRE CONTRACT NO. 14043 ADDENDUM NO. 2 ' Plan takers shall note the following: ARCHITECTURAL (See SK - 2 - 1, SK - 3 - 1, SK - 4 - 1, and SK - 6 - 1) ' (1) Remove and Dispose of existing glazed window panel as shown in Drawing SK -2 -1. ' (2) Remove and dispose of existing large wall mounted photograph on east wall of entrance lobby 1 -10, as shown on Drawing SK -2 -1, patch and make good fmishes. Photo to be given to the Municipality. ' (3) Temporarily remove and store 5 filing cabinets as shown in Drawing SK -2 -1 for duration of work. At completion of work, reinstall filing cabinets in original location. The Owner will temporarily relocate the files within cabinets. Co- ordinate other work with Owner. (4) Existing and pre - fmished 34" double, glazed, wood doors, including existing pre - finished 1 wood frame, transom light and hardware, to be carefully removed and salvaged as shown in Drawing SK -2 -1 for reinstallation in the work as door D1-8. (5) Existing and pre - finished 36" double, glazed, wood doors, including existing pre - fmished wood frame, transom light and hardware, to be carefully removed and salvaged as shown in Drawing SK -2 -1 for reinstallation in the work as door D1-9. On Drawing A -601 Door Schedule, delete information - (6 ) g ormation for Door D 1 8 and add: Use 1 salvaged and pre - finished 34" double, glazed, wood doors, including existing pre - finished wood frame, transom light and hardware, and install as Door D1 -8 as shown on drawings. ' (7) On Drawing A -601 Door Schedule, delete information for Door D1-9 and add: Use salvaged and pre - finished 36" double, glazed, wood doors, including existing pre - finished wood frame, transom light and hardware, and install as Door D1-9 as shown on drawings (8) Extend the area of rubber tile flooring within the hallway to the area in front of service counters in the Public Works Department and Building Department as shown in Drawing SK -3 -1. (9) Revise interior Finish Schedule on Drawing A -601 for Open Office Area 1 -29 and Open Office Area 1 -33 to incorporate changes to floor finishes noted in Item 8 above. 1 1 (10) The Contractor shall temporarily remove and after new floor finishes are installed in the Public Works Department and the Building Department, reinstall existing service counter I units at location shown in Drawing SK -3 -1. The cost to complete this work should be included in the provisional rubber flooring item 2 -1 b. I (11) The Contractor is to install a pre - finished and existing glazed wood door including wood frame, side light and transom light in Office 1 -08. This door is already equipped with glazing and hardware and will be supplied by the Owner. See SK -4 -1 for the door and 1 screen location. Changes to elevation and schedule drawings will apply. (12) Remove and dispose of existing glazed panel in aluminum framed front entry door D1 -3 1 and D1 -4 and replace with new ones. New glazed panels to match existing. (13) In Drawing A -601, Interior Finish Schedule, for the following spaces: Corridor 1 -18, I Corridor 1 -19, Corridor 1 -20, Corridor 1 -26, Corridor 1 -30, Corridor 1 -31, Corridor 1 -42 and Corridor 1-46, add the following: `Paint with formula 1 the north, south, east and west existing gypsum board walls. New paint colour to match existing'. I (14) Delete references in hardware schedule to locking devices and latch devices. Add the following `All required locking and latching devices for doors to be provided and 1 installed by the Owner — Contractor to co- ordinate'. (15) Delete the note in Drawing A -102 referring to the location and installation of the wall 1 mounted information screen in Entrance Lobby 1 -10. Replace this with information for locating and installing the wall mounted screen noted in Drawing SK -6 -1. MECHANICAL (See SKM1 and SKM2 M ( ) 1 1. Replace 3 existing water closets with new water closets (WC -1). Install new water closets after new flooring is complete, make any and all modifications that are necessary to existing plumbing to accommodate new water closets. Refer to sketches SKM1 and I t SKM2. The cost to complete this work should be included in the provisional rubber flooring item 2 -1 b. 1 ELECTRICAL 1 1. Delete all Type `C' luminaries from Visitor Waiting 1 -04. Delete all references to Luminaire Type `C' from drawings, schedules and details 1 2. Clarify wall pack luminaire above east garage door is to be powered by a dedicated circuit that is always energized. Luminaire to have integrated photocell for dusk -to -dawn I operation. Luminaire to also have integrated motion sensor. When no motion is detected luminaire operates at 30% brightness. Upon detection of motion, luminaire ramps up to 100% brightness for a minimum of five minutes. 1 1 GENERAL ' 1. The Contractor may assume that the staging criteria may be changed as follows: a) The staging of the work area may be combined with the following areas together: ' - Finance and CAO Department & Public Works and Clerk Department — Multi Purpose and Council Chambers & Building Department — Merlin General & ANI and Bruce Power 1 — Unassigned & Bruce Power and Merlin & RCM b) While the areas may be combined into larger areas, the amount of time during which 1 the Public Works and Clerks Department will be under construction will be kept to a minimum. c) The other staging criteria in the specifications will be followed. 2. When the tender submissions are provided on August 8, 2014, the General Contractors are to submit the Statement Re: Sub - Contractors page listing key Sub - Contractors that they will be working with. 1 3. The Contractor will be supplied a security code to access the building during off hours to complete work and access to the shut -off for the emergency alarms for a short period of ' time, if necessary. 4. The Municipality will have a designated substance survey completed and receive a report by mid- August. During the tendering period the bidder may assume that there are no hazardous materials within the building. 1 B. M. ROSS AND ASSOCIATES LIMITED ' Engineers and Planners 62 North Street Goderich, ON N7A 2T4 ' Phone: (519) 524 -2641 Fax: (519) 524 -4403 www.bmross.net 1 July 31, 2014 1 1 Contractor's Signature Date 1 Faxed to all Plan Takers — 9 pages + addenda receipt 1 I I NOTES: I I. THIS SKETCH TO BE READ IN CONJUNCTION WITH REMOVE AND DISPOSE OF ARCHITECTURAL DRAWING A -101 EXISTING GLAZED PANEL 2. MOVING OF FILING CABINETS TO BE CO-ORDINATED WITH OWNER I REMOVE AND DISPOSE OF LARGE PHOTOGRAPH MOUNTED ON THIS WALL - PATCH AND MAKE GOOD FINISHES I EXISTING FLUNG CABINETS - 5 IN TOTAL - TO BE TEMPORARILY REMOVED AND STORED FOR DUURATION N OF WORK AND 1 2 i a I REINSTALLED AT ORIGINAL WORK LOCATION AT COMPLETION OF THESE EXISTING 34' DOUBLE - I. ., - • - . • - _1 • I GLAZED WOOD DOORS - I INCLUDING WOOD FRAME, TRANSOM LIGHT AND HARDWARE ( I I I - TO BE CAREFULLY REMOVED - 11 -- ii--- 3- - -ii- Q — --1 AND SALVAGED FOR I ,� I\ , , I RE- INSTALLATION AS DOOR D1-8 IN RENOVATION WORK I I _ EXISOU � � �'� � I ' I I G THESE LAZE WO TING OD DOORS 36' D U BLE � '` i ' ., INCLUDING WOOD FRAME, I �� ��: : TRANSOM LIGHT AND HARDWARE I'i - �': TO BE CAREFULLY REMOVED I _ a .% p AND SALVAGED FOR • b a ' RE- INSTALLATION AS DOOR D1 -9 I �� �.< ��- �'� ' ' _ -- � '�� �' �/ ° � • IN RENOVATION WORK III - a THESE 36' DOUBLE SOLID WOOD I ►- 4 _ I FRAME, INCLUDING TRANSOM LIGHT AND ' / / / 4 ' OWNER k ; , 3 I_ I1.11F7 I Ill reff/zz, 4 . ti s I — — — 0 t . i 11 = N I E) 0 GROUND FLOOR PLAN (PARTIAL) ADOLFO 1. Do not use this drawing for DATE: 28 July 14 PROJECT: L construction unless signed and . by �Q AS SOC _ , . • SPALETA sealed b the Architect. ��' SCALE : As Shown Kincardine I t : ARCHITECT 2. Do not scal drawi 2 Q I�,`r 3. All drawings, specifications and 0 A • ' $ Z' ` I. Municipal r ela ted d are the i . r" � - 125 An B lesea Street ' Administration Bldg . l. copyright property of the architect. I A DRAWN BY: AS Renovations to REVISIONS: 9 (5 4 8 8948 1V2 V2 DRAWING: ,._.,f., - Tel. Reproduction in whole or in part is 1. Drawing issued with prohibited without the architects 5325 C Addendum No. 2 I written consent. ,''', UCEN ... SK-2-1 I I I NOTES: 1, THIS SKETCH TO BE READ IN CONJUNCTION WITH ARCHITECTURAL DRAWING A -103 I I I .. ...,,,,:::-.,-.7.,7::..7.7..:7.:..::7. ..7 7 : :::,:.::,: :::.: :::: ::: - .. .: 7 : .:. li 7 -_-_- 7 _177 _•_ ;_ i7:1 1 : -I mr,............................,..... ..................... r — — .. r te ' • ' ......... :, I - : I / , I 6` I RE- INSTALL EXISTING SERVICE I 0 I I COUNTERS IN POSITION SHOWN AFTER INSTALLATION OF NEW FLOOR FINISH PROVIDE AREAS OF RUBBER TILE I IN FRONT OF THE SERVICE N CO IN THE IC O GROUND FLOOR RENOVATION WORKS RK5 AND BUILDING I DEPARTMENT AS SHOWN FLOOR FINISHES PLAN (PARTIAL) 1/16.=1.-0. ' 1. Do not use this drawing for A DOL FO ASS DATE: 29 July 14 PROJECT: led by the construction unless Ar c Architect. signed and r- �( `7.....9. JOB NO.: 1403 Municipality of �• : SPALETA sealed y t Arhi I SCALE As Shown Kincardine ARCHIT 2. Do not scale dr awing. 2 t re 3. All drawings, is are specifications and Q A' ' S DRAWN BY: AS Kincar ine to elated documents are the m ' + 125 Anglesea Street Ad m i nistration Bldg r . B copyright property of the architect. � REVISIONS • Tel (519 Ont. ) 524. 8948 N7A I V2 Reproduction in whole or in part is LICENCE 9P�ETA 1. Drawing issued with DRAWING: Tel (519 • 9 prohibited without the architect's Addendum Addendum No. 3 I written consent. �"' ,v,,,,,,,,,,,,,,��`'� , S K_ 3 .1 I I I NOTES: I 1. THIS SKETCH TO BE READ IN CONJUNCTION WITH ARCHITECTURAL DRAWINGS A -102 AND A-401 1 I I _ .F4_1_ _ . I . _ I I 1 I o- - -= - �`�-� -� -- i -R I- r I I i I- L - H- l - j — r. J I I FINANCE EP DEPARTMENIIIIIL T 1■ I I— LIIIIiI I I , I 1 II r / I IA I — © — 1 .1 — I — • — I — I II L -C:A. -- _ I I DEPARTMENT L_ JI J • • 7--____1.--_1 - . _____ 1 1 -F---. ...._ _ ___ 1 SCREEN SCR1 -1 INSTALLED IN I LOCATION SHOWN DOOR UNIT D1 -10 INSTALLED IN LOCATION SHOWN - GLAZED WOOD DOOR, WOOD FRAME, N I SIDE LIGHT AND TRANSOM LIGHT GROUND FLOOR RENOVATION SUPPLIED BY OWNER El) O P (PARTIAL) I 1/15 =1'4Y 1. D o not use this drawing for ADOLFO construction unless signed and ASSOC DATE: 29 July 14 PROJECT: ;'• • :: - SPALETA sealed by the Architect. O J JOB NO.: 1403 Kincardine r • A Sh I SCALE: s own Kincardine 2. Do not scale drawing. Q ARCHITECT 2 Renovations to tIC 3. All drawings, spedfications and O A- ' S Z DRAWN BY: AS ,r • •n'+) r Municipal elated documents are the 7 r 125 An lesee Street Administration Bldg. c . _ - B copyright property of the architect. REVISIONS: ,_ Goderich Ont. N7A 1 V2 Reproduction in whole or in part is • SPALETA 1. Drawing issued with DRAWING: Tel. (519) 524 . 8948 LICENCE prohibited without the architect's rig Addendum No. 4 I written consent. �" "a „r,..... „.... "'� SK-4-1 I I 1 I I 0 0 0 I O- - • :F - - i - -- - - - i - -- — — iii - • ■■ -- 1 1 _ 1 1 _ 1 1 lir - I. - ' - I 1 1 1 II FINANCE I I DEPARTMENT ' ill 1! Ttl Entrance 'Lobby10 I J r � I I I 0 — — • — I II 0 — I II I DEPARTMENT — ` L — J I r - - - -- 1 I I� I l I Lii . I - _ - _ -- - - -� Jr - - -- 1 - -- - -M = -- -- - - -[ I NOTES; WALL MOUNTED INFORMATION 1. THIS SKETCH TO BE READ IN CONJUNCTION WITH SCREEN WILL BE SUPPLIED BY ARCHITECTURAL DRAWING A -102 I OWNER - CONTRACTOR TO 2. CONTRACTOR TO PROVIDE SPECIFICATION INFORMATION MOUNT THIS SCREEN ON THE AND MANUFACTURER'S LITERATURE FOR SCREEN WALL AS SHOWN, USING MOUNTING BRACKET TO ARCHITECT FOR APPROVAL CONCEALED BRACKETS AND PRIOR TO INSTALLATION I FASTENERS - PROVIDE BLOCKING N IN WALL AS REQUIRED - PROVIDE ELECTRICAL AND DATA OUTLET O GROUND FLOOR RENOVATION IN WALL AT 6-0" ABOVE FINISHED PLAN AND CENTRED ON WALL PLAN (PARTIAL) I - PATCH AND MAKE GOOD ALL FINISHES 1/16° =1' -0° I ADOLFO 1. Do not use this drawing for Assoc ATE: 30 July 14 PROJECT r. construction unless signed and SPALETA sealed by the Architect. •t �J JOB NO.: 1403 Municipality of • _ ,.... .• • tr: t SCALE: AS Shown Kincardine I ARCHITECT 2. Do not scale drawing. 0 DRAWN BY: AS Renovatons to 3 . All drawings, specifications and 0 A' ' S i / Municipal Administratio Bld . related documents are the Administration . �, 125 Angles a t. N7A 1 V2 • • • SP Street r REVISIONS: 9 Goderich On copyright property of the architect. ALETA DRAWING — - Tel. (519) 524 . 8948 Reproduction in whole or in part is UCENCE 1. Drawing issued with prohibited without the architect's rig Addendum No. 6 I written consent. " °,, S K -6 -1 I — • — — — — — i — — — — — — — • MI I N plii, ,, )210 MIN m • Z D c Z -_ - m I III - • x.81 °�m -� ooN III • u^ _ mrowo mP 2 ,> , ~ , go m m O 0 L I� s� MECHANICAL STORAGE MAINTENAN• x. I � _ ROOM 1 -10 VAULT 1 -11 ROOM 1 -12 w . • cn <- o COR- mi I 4 ' 111 1 ' D 0 9 I:4IIA17GE7•I1 — ..mu11i�IJ -I [ 11 C— • o L.... ,.., WASHROOM IJ WASHROOM �� LIFT EXI TING ATER CLOSET — 0 ALLOW FOR M � (1 -1 FLOOR FINISH " EPLACEMENT A\ID REINSTALL < N ('j� a ONC Lp•' 1 4 COMP E. AL : FO' z N r - 1 MOD FIC' ION': TO SHIT ATYPIC L • 2) J 4, oo '01 III cn o -_ 41:, REPLACE E (STING WATER COR- _ � CLOSETS WI H NEW WC -1 RIDOR 1 -13 P ED I 1 1_ _ I El WATER CLO'IETS (TYPICAL OF i) P o Z 1 _J r , INN NM 1 AriPAIWIIM—I 17 NMI 0. FOR= III' ES IF�:'AGE RIDOR 1 CLOSET CLOSET U. b y • � 6 LIFT EXISTING FLI1•R DRAIN GRATES TO j o 1.11 � " ALLOW FOR FLOO FINISH REPLACEMENT g v a IdIH_ - _ AND REINSTALL • CE FLOOR IS COMPLETE. z 4 § ` ,1111 _ . 111 RIDOR 1 -17 I .1 / • ) G ALLOW FOR MODI' CATIONS TO SUIT . a � . �1 _ I (TYPICAL OF 2) r te / wai a � E FC -14 - H ' V F / II CD o • LJCE ,, q ks, ,aa Fo o (A k en m O I I I I I PLUMBING FIXTURE SCHEDULE I SYMBOL WC -1 WATER CLOSET DESCRIPTION DRAIN VENT HW CW CONNECT TO EXISTING I NOTE : — ALL SANITARY VENTING TO BE IN ACCORDANCE WITH LATEST EDITION OF ONTARIO BUILDING CODE. — ALL FLOOR DRAINS TO BE TRAPPED, VENTED AND PRIMED BELOW FLOOR. I SPECIFICATIONS AMERICAN STANDARD 2386.500, CADET 3 RIGHT HEIGHT ELONGATED I TOILET, WHITE IN COLOUR, VITREOUS CHINA, FLOOR MOUNTED TOILET WITH WC - 1 INSULATED TANK, 1.3 GALLON FLUSH CYCLE, CENTOCO ELONGATED OPEN FRONT SEAT LESS COVER, SUPPLY, AND STOP. MaP RATING OF 1,000. PROVIDE AND INSTALL OFFSET WATER CLOSET FLANGE IF REQUIRED. I GRILLE AND DIFFUSER SC EDI I AIR FLOW NECK SIZE/ SYMBOL RANGE (CFM) FACE SIZE MODEL NUMBER I S -1 I 100 -150 6"0/24"x24" SCD/ 31 /3C/ B 12 CFM I S -2 „ 48 LBP15A /1000 /VCS3 /A /B12 CFM 150 2.5 / FULL SIZE PLENUM 12" DEEP I S -3 250 10 "0/24 "x24" SCD /31/3C/B12 CFM ACCES: 1 \ ANIT I QP 4FESS /o w c�9� F 2 m I T. A. MADRZYK o 0 I A�0,, OF 0 �,,,` - • ^J• �J- 'r �� DATE: J OB NAME: Municipality of Kincardine Renovations to MrELEX yea JULY 28/14 SKETCH ENGINEERING LTD. BIIIN Municipal Administration Centre 2453 MAIN STREET, P.O. BOX 93 DWG. TITLE: SI(dI2 LONDON, ONTARIO N6P 1P9 JOB N0. 214210 TEL: (519) 652 -1193 PLUMBING FIXTURE SCHEDULE FAX: (519) 652 -0112 SCALE: www.melex.on.ca N.T.S. I 1 MUNICIPALITY OF KINCARDINE ' RENOVATIONS TO MUNICIPAL ADMINISTRATION CENTRE CONTRACT NO. 14043 ADDENDUM NO. 1 1 Plan takers shall note the following: 1 (1) A recommended site visit is scheduled for 2:30 p.m. on Tuesday, July 29, 2014. Representatives from the Municipality, operating authority and the Engineer will be present. 1 1 1 1 1 B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street ' Goderich, ON N7A 2T4 Phone: (519) 524 -2641 Fax: (519) 524 -4403 www.bmross.net July 24, 2014 1 1 1 1 1 1 1 1 1 MUNICIPALITY OF KINCARDINE 1 RENOVATIONS TO 1 MUNICIPAL ADMINISTRATION CENTRE 1 CONTRACT NO. 14043 1 1 1 1 1 � BMROSS engineering better communities 1 1 1 1 1 1 MUNICIPALITY OF KINCARDINE RENOVATIONS TO MUNICIPAL ADMINISTRATION CENTRE CONTRACT NO. 14043 1 1 1 1 1 1 1 1 1 1 1 MUNICIPALITY OF KINCARDINE RENOVATIONS TO MUNICIPAL ADMINISTRATION CENTRE 1 CONTRACT NO. 14043 INDEX TO CONTRACT DOCUMENTS 1 Description Page Addendum No. 1 Front Cover 1 Information to Bidders IB -1 - IB -12 Tender Form of Tender T -1 — T -6 T -A & T -B Statement re Sub - Contractors Agreement to Bond Performance Bond 1 Labour and Material Payment Bond Schedule of Plans, Specifications, General Conditions & Standards I Index to Special Provisions I Special Provisions • Division 1 -- General Requirements SP -1 -1 to SP -1 -6 Division 5 -- Metals SP -5 -1 to SP -5 -6 Division 6 -- Carpentry SP -6 -1 to SP -6 -9 Division 7 -- Thermal and Moisture Protection SP -7 -1 to SP -7 -14 Division 8 -- Doors and Windows SP -8 -1 to SP -8 -6 1 Division 9 -- Painting and Finishing SP -9 -1 to SP -9 -14 Supplemental General Conditions SGC -1 & SGC -2 General Conditions — OPSS.MUNI 100 Rev. Date: 11/2006 1 Agreement A -1 -A -4 Municipality of Kincardine Corporate Statement Occupational Health and Safety Contract Release 1 Statutory Declaration re Payment of Accounts Statutory Declaration re Liens and Liabilities 1 1 1 1 I 1 i INFORMATION TO BIDDERS 1 1 1 I 1 1 1 1 1 1 Z: \14043- Kincardine- Municipal_Office_Upgrades \WP \Contract \14043 -Info. to Bidders.docx 1 1 I INDEX TO INFORMATION TO BIDDERS (February 2014) 1 1) Date and Place for Receiving Tenders IB -1 2) Tender Deposit IB -1 3) Submission of Tender IB -1 I 4) Clarification IB -2 5) Withdrawal of Tender 1B -2 6) Disqualification of Tender IB -2 7) Form of Agreement 1B -2 8) Competency of Bidders IB -2 9) Supervision of Work IB -2 10) Sub - Contractors IB -3 11) Tender Acceptance 1B -3 12) Performance and Payment Bonds 1B -3 13) Insurance 113-3 14) Completion Date and Liquidated Damages 1B -4 15) Disposal and Use of Excavated and Excess Materials I13-5 16) Taxes 113-6 17) Regulation of Pits and Quarries 1B -6 1 18) Salvageable Material IB -6 19) Geotechnical Investigation Report 1B -6 I 20) Utilities 1B -6 21) Occupational Health and Safety Act 113-6 22) Workplace Safety and Insurance Board Certificates IB -7 23) Contract Release I13-7 24) Use of Premises 113-7 25) Permit for Taking Water in Excess of 50,000 Litres Per Day 1B -7 26) Hot Mix Plant - Environmental Protection Act IB -7 27) Restrictions on Open Burning IB -7 28) Night, Sunday, and Holiday Work 113-8 1 29) Drainage 1B -8 30) Bribery IB -8 31) Provisions for Traffic, Access, and Protection 1B -8 32) Cold Weather Concrete 1B -9 33) Falsework 1B -9 34) Excess Loading of Motor Vehicles 1B -9 35) Protection of Trees IB -10 36) Ontario Provincial Standards I13-10 37) Guaranteed Maintenance IB -10 38) Garbage Collection and Blue Box Recycling IB -10 39) Dust Control IB -11 40) Disposal of Waste Asphalt I13-11 41) Lump Sum for Mobilization and Demobilization I3-11 I 42) Lump Sum for Other Requirements 113-12 I I I r I IB -1 INFORMATION TO BIDDERS I 1) DATE AND PLACE FOR RECEIVING TENDERS: ' Tenders will be received by: Michele Barr, Director of Building and Planning Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 until 3:00 p.m., Friday, August 8, 2014 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque or bid bond payable to: The Municipality of Kincardine for the amount of: Fifty Thousand Dollars ($50,000). This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after receiving written notice from the Contract Administrator of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit prices for the work, and the total tender shall be described in both words and figures. Bidders will be required to add Harmonized Sales Tax (HST) on the tender form in the space provided. The tender shall be signed by the bidder on page T -B of the Form of Tender and delivered in a sealed, opaque envelope, clearly marked TENDER. I IB -2 I b) Statement re Sub - Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of 1 proposed Sub - Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. 1 c) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their I bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: I Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: I A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: Tenders will not be considered where: I a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque or bid bond. d) They are submitted by fax or electronically. More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: Bidders and Sub - Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their financial resources as may be deemed necessary. I 9) SUPERVISION OF WORK: In accordance with Section GC7.01.10 of the General Conditions, the Contractor shall have an authorized representative onsite while any work is being performed to supervise the work and act for or on the Contractor's behalf. This may include attendance by the Contractor's representative at site meetings as may be reasonably scheduled by the Contract Administrator. I I IB -3 10) SUB- CONTRACTORS: The Contract Administrator shall reserve the right to review the Sub - Contractors proposed at the time of tendering and to approve any Sub - Contractors proposed after the contract is awarded. 11) TENDER ACCEPTANCE: Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender whether any other tender had been previously accepted or not. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. The lowest price bid or any bid will not necessarily be accepted. The Owner reserves the right to reject any or all tenders and to award to other than the lowest bidder as the interests of the Owner may require. 12) PERFORMANCE AND PAYMENT BONDS: The Contractor, upon receipt of written notice from the Owner awarding the contract, shall provide a Performance Bond in the amount of one hundred percent (100 %) and a separate Labour and Material Payment Bond, in the amount of fifty percent (50 %) of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten (10) days of the 1 acceptance of the tender, and shall be at the expense of the Contractor. 13) INSURANCE: GC 6.03.01 — General has been amended as follows: Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 — General Liability Insurance and GC 6.03.03 — Automobile Liability Insurance. Insurance coverage in clauses GC 6.03.04.01 — Aircraft Liability Insurance, GC 6.03.04.02 — Watercraft Liability Insurance, GC 6.03.05.01 — Property Insurance, GC 6.03.05.02 — Boiler Insurance, and GC 6.03.06 — Contractor's Equipment Insurance shall be required as listed below: a) Aircraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. b) Watercraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever watercraft are anticipated to be used during the course of construction. c) Contractor's Equipment Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of insurance. I IB - 4 I d) GC 6.03.05.01 — Property Insurance, has been amended as follows: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid Builders Risk insurance, on an All Risk form acceptable to the Owner, in the amount of not less than the sum of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. The duration of the Builders Risk policy shall be from the date of commencement of the Work until 10 days after the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance. Builders Risk insurance shall I be in the name of the Contractor with the Owner and the Contract Administrator named as additional insured. GC 6.03.02.01- General Liability Insurance, has been amended as follows: General liability insurance and completed operations coverage shall both be in the name of the Contractor, with the Owner, the Contract Administrator, and the other building tenant during the construction period (name to be provided to the Contractor awarded the project) named as additional insureds, both with the limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100 or equivalent. GC 6.03.07.01 has been amended as follows: The duration of each insurance policy, excluding completed operations coverage, shall be from the date of commencement of the Work until 10 days after the date of Final Acceptance of the Work, as set out in the final Acceptance Certificate. Completed operations coverage shall be maintained for six years from the date of Final Acceptance. I 14) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: 111 The Contractor shall complete this contract in its entirety by: January 30, 2015, with the new HVAC system being in operation by December 15, 2014. If this time limit above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, , 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; r IB -5 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; 5) for any cause beyond the reasonable control of the Contractor; I or 6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub - Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in I full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator or any person to take any action consequent upon the act, default, breach, neglect, delay, non - observance or non - performance by the Contractor in respect of the work or contract, or any portion thereof, such powers j or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of One Thousand Dollars ($1,000.00) per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. Also, The Contractor will pay to the Owner the sum of One Thousand Dollars ($1,000.00) per week if the HVAC unit is not operating by December 15, 2014 to compensate for the additional electric heating and contract administration costs. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. 15) DISPOSAL AND USE OF EXCAVATED AND EXCESS MATERIALS: OPSS 180 shall apply to this contract. Excess materials shall be disposed of within or outside of the contract limits as set out elsewhere in the contract. I 1 IB -6 I 16) TAXES: Harmonized Sales Tax (HST): , The 13 % Harmonized Sales Tax will be paid on all work performed within the contract. It will be listed as a separate item on all tender documents and adjusted on fmal payment in accordance with the fmal I contract price. 17) REGULATION OF PITS AND QUARRIES: I Bill 120, An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable in such parts of Ontario as the Lieutenant Governor shall from time to time designate by Regulation. I All costs related to this specification will be deemed to have been included in the appropriate tender items and no separate payment will be made therefore. I 18) SALVAGEABLE MATERIAL: All existing materials along the line of construction deemed salvageable by the Contract Administrator , shall be delivered to the storage site designated by the Contract Administrator. All other materials that, in the opinion of the Contract Administrator, cannot be salvaged shall be disposed of outside the limits of the contract, as directed by the Contract Administrator or at locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean-up after construction to the complete satisfaction of the Contract Administrator. 19) GEOTECHNICAL INVESTIGATION REPORT: I If a geotechnical investigation was performed for this contract, the report will be made available at the office of the Contract Administrator for inspection by any bidder but the office of the Contract Administrator assumes no responsibility for any errors or omissions which may be inherent in the soils report. Neither the Owner nor the Contract Administrator warrants interpretations of data or opinions expressed in any subsurface report. 20) UTILITIES: The location and depth of the utilities shown on the contract drawings are based on information obtained from the applicable operating authority. It is the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities or other utilities not shown on the drawings and to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to all storm and sanitary sewers, and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. The Contractor shall adhere to the requirements for pipe support as provided by the utility company. 21) OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor's attention is drawn to the regulations issued by the Ministry of Labour for the Province of Ontario under the Occupational Health and Safety Act. The Contractor acknowledges that they will comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. I I I IB -7 22) WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board (WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. 23) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance or Completion, the Contractor shall complete, in triplicate, the Contract Release, the Statutory Declaration re Payments of Accounts and the Statutory Declaration re Liens & Liabilities on the forms bound herein. Only the original, signed forms will be accepted by the Contract Administrator. 24) USE OF PREMISES: The Contractor shall confine the apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of the Contract Administrator and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. 25) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment. 26) HOT MIX PLANT -- ENVIRONMENTAL PROTECTION ACT: The attention of the Contractor is drawn to the Environmental Protection Act, RSO 1980, and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual obligations as set out in the General Conditions, Section GC7.01. 27) RESTRICTIONS ON OPEN BURNING: Any open burning must be in conformity with local municipal by -laws, regulations pursuant to The Ontario Fire Code and the conditions noted below. Open burning which does not conform to these policies may be in contravention of the Environmental Protection Act, RSO 1990. a) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources I b) and other regulatory bodies having jurisdiction. Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOE. c) The Contractor shall inform the District Officer of the Regional Operations Division of the I d) Ministry of Environment, one week in advance, of the date when burning will commence. All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. I f) Open burning shall be located within the contract limits, no closer than 30 m to water bodies, and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke, material discomfort to nearby recipients, and a decrease in visibility on any roadway. g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. I I IB -8 I h) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 m. i) Materials to be burned shall consist of wood wastes only and shall not be burned in such a manner as to cause odour, excessive smoke or other material discomfort to nearby receptors. j) Debris from open fires shall not be piled adjacent to or discharged into watercourses. k) Open fires shall not be located between Sta. and Sta. . Where open burning is prohibited or impractical in specific areas of this contract, brush and debris may, as an alternative to burning, be disposed of outside the right -of -way in a manner approved by the Contract Administrator, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 28) NIGHT, SUNDAY, AND HOLIDAY WORK: Work during the night, on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 29) DRAINAGE: I The Contractor shall keep all portions of the work properly and efficiently drained during construction and until completion, and will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations may cause to flow elsewhere. 30) BRIBERY: I Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the I Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. Bribery shall be considered as non - fulfilment of the contract by the Contractor. 31) PROVISIONS FOR TRAFFIC, ACCESS, AND PROTECTION: a) Urban Areas: I Traffic shall be maintained at all times during construction for private access, but detours to streets adjacent to the work will be permitted with permission from the Contract Administrator. When requested by the Contract Administrator, the roadway shall be kept open by placing sufficient granular material to carry traffic. If it is desirable to detour traffic during the construction of any part of the work, the Contractor shall I supply, place and maintain proper detour signs, including adequate barricades and lights to clearly mark such detours throughout their entire length to the satisfaction of the Contract Administrator. The routing of such detours will be approved by the Contract Administrator. I The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads and shall restore these roads to their original condition. The Contract Administrator may require that I Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. I I I IB -9 I b) Rural Areas: If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly ' mark this detour throughout the entire length and to the satisfaction of the Contract Administrator. c) General: The Contractor shall be responsible for signing the detour and the detour shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7 (Temporary Conditions). As per Book 7, the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs, barricades, and lights at all points along ' the line of construction that may be hazardous. The Contractor will provide good vehicular access at all times, for all residents who presently have access along the line of construction. Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Contract Administrator. 32) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the bidders shall note that no additional payment will be made for heating or cooling of concrete or housing of structure and heating of the housing enclosure. 33) FALSEWORK: All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the following information: The type of work and grade of all materials, including sills to be used in the falsework; Design loads on mud sills or other falsework supports; Horizontal forces imposed on the falsework and used for design purposes; Details of splices of supports for motorized finishing machines, and the like. The Contractor is to submit three copies of the drawings to the Engineer at least one week prior to construction of the falsework. The grades and stresses of all materials shall be in accordance with the Canadian Standards Association (C.S.A.) latest revisions to standards CAN 086.1 -M and S269.1. The deflection of beams used for falsework shall be limited to 1/360 of the span and shall be noted on the drawings. The completed falsework shall be reviewed on site and certified as being in general conformance with the falsework design. The letter of certification shall be signed and sealed by a Professional Engineer licenced in Ontario. Such certification shall be submitted to the Contract Administrator not less than 24 hours prior to pouring concrete. 34) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract, payment for weighed items is as follows: Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. I 1 IB -10 I This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act. 35) PROTECTION OF TREES: ' The Contractor's operations shall not cause damage to the trunk or branches of trees, or flooding or sediment deposits on areas where trees are not designated for removal. Protective measures shall be taken to safeguard trees from contract operations, equipment and vehicles. Unless stated elsewhere in the contract, equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. Within five calendar days of any damaged that may occur, branches 25 mm or greater in diameter that are broken, shall be cut back cleanly at the break or to within 10 mm of their base, if a substantial portion of the branch is damaged. Roots 25 mm or larger in diameter that are exposed by the Contractor's operation shall be cut back I cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 36) ONTARIO PROVINCIAL STANDARDS: I Bidders are hereby advised that the Ontario Provincial Standards apply to this contract and are to be used where applicable. Bidders are responsible for familiarizing themselves with the latest revisions of the I Ontario Provincial Standards. 37) GUARANTEED MAINTENANCE: , 2 % of the value of the work will be retained for a period of 12 months following the date of completion as a guarantee of the proper performance of the work included in the contract. This amount will be released without interest upon expiry of the maintenance period and correction of all deficiencies. The maintenance holdback will be held in addition to the 10% holdback required by the Construction Lien Act. The holdback will be retained by the Owner, commencing during the latter part of the period of construction and generally not before the contract is approximately 80% complete. No alternate forms of security will be considered. , 38) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co- ordinating the collection of all garbage and blue box recycling, within the limits of the contract during construction, with the appropriate authority. a I 1 I IB -11 39) DUST CONTROL The Contractor shall take such steps, as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours, or elsewhere, or by public traffic, where it is the Contactor's responsibility to maintain a roadway through the work. ' Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all preventative measures required by the Contract Administrator outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include "Water for Compaction and Dust Control" or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). I 40) DISPOSAL OF WASTE ASPHALT Asphalt pavement and/or prime surface asphalt required for removal in carrying out the work of the various tender items included in this contract shall be disposed of either within the roadbed or outside the I contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. Disposal of asphalt within the roadbed must be crushed and not contaminated with non - granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material. The contract price for the item requiring such work shall be full compensation for excavating, crushing, loading, hauling, and levelling and for all other work which may be required to dispose of the asphalt material and for providing a suitable site for material which is to be disposed of within the roadbed or outside the contract limits. 41) LUMP SUM FOR MOBILIZATION AND DEMOBILIZATION: This item in the Schedule of Items and Prices (or, in the case of a lump sum type contract, in the breakdown schedule) is to cover the Contractor's cost of mobilization at the beginning of the construction period and demobilization at the close of the construction period. The price entered for this item shall be consistent with the costs involved but shall not, in any event, exceed ten percent (10 %) of the total tender price. If the Bidder has entered against this item in his tender a price in excess of 10% of the total tender price, the Owner shall, in preparing contract documents based upon the tender, reduce the price for the said item to an amount not exceeding 10% of the total tender price and shall add the amount of the reduction to the price for the "Lump Sum for Other Requirements" item so that the total tender price shall not be affected. Sixty percent (60 %) of the price for the Mobilization and Demobilization item shall be considered as relating to mobilization and the balance to demobilization. The payment for mobilization shall be included in the first payment certificate issued for the contract subject to the Contract Administrator being satisfied that full mobilization has been carried out. If the Contract Administrator is not so satisfied, he shall allow a payment which, in his opinion, reflects the degree of mobilization effected to date. I IB -12 I The payment for demobilization shall become due following completion of the works and subject to the Contract Administrator being satisfied that full demobilization has been carried out. The Contract Administrator may, in his discretion, allow partial payment for demobilization before full demobilization has been effected. 42) LUMP SUM FOR OTHER REQUIREMENTS: In the Schedule of Items and Prices, the Bidder shall enter his tender price for providing items such as , watchmen, permits and approvals (other than those to be paid for by the Owner), items required by the Drawings or Specifications but which have been omitted from the Schedule of Items and Prices and other items required by the contract but not specifically covered by or related to the other items in the Schedule 1 of Items and Prices. Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. I I I I 1 I I I I 1 I T -1 FORM OF TENDER ' Municipality of Kincardine Renovations to Municipal Administration Centre Contract No. 14043 Tender by Allen - Hastings Limited 1 residing at 28 Birch Road, RR #1, Miller Lake, ON NOH 1Z0 I a company duly incorporated under the laws of Ontario I and having its head office at 28 Birch Road, RR #1, Miller Lake, ON NOH 1Z0 1 hereinafter called the "Bidder" To -- Municipality of Kincardine i I/We Allen - Hastings Limited I having carefully examined the locality and site of the proposed works and all tender documents relating thereto, including the Form of Agreement, Special Provisions, Contract Drawings, Information to Bidders, 1 Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General Conditions and Addendum/Addenda Numbers 1 to 3 * inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance III with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, materials, tools, plant, matters and things necessary therefore, complete and ready for use I within the time specified for the sum, including HST, of I One Million, Six Hundred Sixty Three Thousand, One Hundred Eleven Dollars and Forty Cents ($1,663,111.40) I or such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. * The bidder will insert here the number of the Addenda received during the tendering period and taken into account when preparing the Tender. 1 1 T -2 THE AFORESAID SUM IS MADE UP AS FOLLOWS: 1 SCHEDULE OF ITEMS AND PRICES 1 Description Amount 1 I Part A; Building Renovations Complete construction of all facilities in the contract, including supply $1,309,690.00 I of all materials, labour, plant, and equipment as shown on the drawings or specified herein (Items 1 -1 to 1 -10 of the Breakdown Schedule of Items and Prices) Part B; Provisional Items 1 Complete construction of all facilities in the contract, including supply $112,090.00 of all materials, labour, plant, and equipment as shown on the drawings I or specified herein (Items 2 -1 to 2 -2 of the Breakdown Schedule of Items and Prices) I Part C; Contingency Allowance Lump Sum allowance for contingency items authorized in writing $50,000.00 during the construction (Provisional Sum) SUB -TOTAL FOR ALL WORKS SHOWN ON THE DRAWINGS III OR DETAILED IN THE SPECIFICATIONS (Parts A - C) $1,471,780.00 13% HST $191,331.40 1 TOTAL TENDER $1,663,111.40 1 1 T -3 I THE AFORESAID SUM IS MADE UP AS FOLLOWS: BREAKDOWN SCHEDULE OF ITEMS AND PRICES 1 NOT TO BE COMPLETED WHEN TENDERING The two lowest Tenderers shall submit this form, filled in, to the Consulting Engineer by August 11, 2015 at • noon. If, in the opinion of the Engineer, the breakdown contains prices which are unbalanced, the Contractor I will be required to submit data to substantiate his prices. In any event, the Engineer reserves the right to adjust the breakdown to correct any unblanced prices. 1 Item Description Quantity Unit Unit Price Amount PART "A "; BUILDING RENOVATIONS a 1 -1 Mobilization and demobilization at the job site of 1 L.S. $20,720.00 I offices, stores, conveniences, other temporary facilities, implementation of protective measures, staging and other items not required to form part of I the permanent works and not covered by other items of the Schedule of Items and Prices (Refer to Item 41 of the Information to Bidders I 1 -2 Cladding and Insulation 1 a) Removals from exterior walls as required 1 L.S. $8,010.00 b) Install siding and PVC trim with strapping 1 L.S. $75,470.00 1 and fiber cement siding c) Install new air barrier and insulation on walls 1 L.S. $16,580.00 1 d) Reconstruct soffit of second floor sloped roof 1 L.S. $26,280.00 I e) Reconstruct soffit at gables and entrance canopy 1 L.S. $4,160.00 salvaged and new material I f) Install metal trim and flashing 1 L.S. $7,025.00 1 -3 Roofing I a) Remove surplus roofing components from 1 L.S. $22,890.00 balcony area and re- install paving stone with leveling shims I b) Install new roofing system with new insulation, 1 L.S. $101,300.00 drains and 2 -ply roofing membrane system I c) Installation of additional snow guards 1 L.S. $4,060.00 on the roof where shown 1 1 1 T -4 1 Item Description Quantity Unit Unit Price Amount 1 -4 Miscellaneous Metals 1 a) Galvanized and painted steel railing around the 1 L.S. $28,205.00 second floor balcony 1-5 Carpentry nt rp ry 1 a) Removals from interior as required 1 L.S. $4,100.00 I b) Interior framing of walls and ceiling, etc. 1 L.S. $14,840.00 c) Exterior framing for railings, gables, exterior 1 L.S. $4,580.00 1 walls, infill door, etc. 1 d) Millwork and counter top at front entrance 1 L.S. $11,750.00 and trim throughout I e) Miscellaneous carpentry, including restoring 1 L.S. $36,980.00 all temporary access holes in drywall modifications and repairs to accommodate lights and re- installation 1 of suspended ceilings 1 1 -6 Doors a) Interior doors and windows 1 L.S. $3,580.00 I b) Door hardware and locks 1 L.S. $1,710.00 1 c) Roll -up window at counter 1 L.S. $5,880.00 I d) Exterior window and exterior window 1 L.S. $42,260.00 glazing sections 1 1 -7 Finishes a) Interior painting 1 L.S. $12,570.00 b) Exterior painting 1 L.S. $9,520.00 1 c) Removal and placement of carpet tile flooring and 1 L.S. $12,220.00 baseboard in fmance department 1 d) Removal and placement of granite tile flooring 1 L.S. $8,650.00 at entrance 1 1 T -5 1 Item Description Quantity Unit Unit Price Amount 1 1 -8 HVAC and Mechanical Systems a) Removal of existing as required 1 L.S. $9,263.00 I b) All i in , ductwork, equipment, controls etc. 1 L.S. 11 p P g $ 7,498.00 I for HVAC system in the basement c) All piping, ductwork, equipment, controls, etc. 1 L.S. $49,368.00 1 for HVAC system in mezzanine and above d) All piping, ductwork, equipment, controls, etc. 1 L.S. $196,261.00 1 for HVAC system on first floor 1 e) All piping, ductwork, equipment, controls etc. 1 L.S. $198,483.00 for HVAC system on second floor I f) Flushing, removal of Methanol solution and 1 L.S. $6,414.00 testing of buried geothermal piping 1 g) HVAC testing and commissioning of system 1 L.S. $2,134.00 I h) Miscellaneous plumbing including drains 1 L.S. $5,824.00 i) All other miscellaneous mechanical and 1 L.S. $0.00 1 HVAC system components 1 -9 Electrical I a) Removal of surplus electrical components and lights 1 L.S. mp p � $3,500.00 1 b) Baseboard heaters, associated controls 1 L.S. $13,300.00 and wiring 1 c) Lighting and controls in lobby entrances, CAO, 1 L.S. $29,700.00 and finance areas I d) Exterior lighting and controls 1 L.S. 15 � g $ ,700.00 1 e) Miscellaneous electrical and alarm equipment 1 L.S. $3,950.00 1 1 1 T -6 1 Item Description Quantity Unit Unit Price Amount 1 -10 Miscellaneous Items a) Data and communication wiring 1 L.S. $ 7 g $ ,650.00 1 b) Removal cost when not included in other items, and 1 L.S. $8,500.00 disposal of all surplus materials c) Lump Sum to cover all other requirements of 1 L.S. $158,805.00 the contract not specifically covered by or 1 related to the preceding items. (Refer to Item 42 of the Information to Bidders) 1 TOTAL AMOUNT OF PART "A" (ITEMS 1 -1 to 1 -10) $1,309,690.00 1 PART "B "; PROVISIONAL ITEMS 2 -1 Finishings 1 a) Removal and placement of carpet tile flooring and 1 L.S. $35,590.00 baseboard in public works, clerk, and building departments on 1st floor b) Removal and placement of rubber tile flooring and 1 L.S. $28,800.00 1 baseboard in central hallways, washroom and kitchen areas 1 2 -2 Electrical 1 a) Lighting and controls throughout the remainder 1 L.S. $47,700.00 of the 1st floor 1 TOTAL AMOUNT OF PART "B" (ITEMS 2 -1 to 2 -2) $112,090.00 1 1 1 1 1 T -A STANDARD TENDER REQUIREMENTS 1 I/We agree to complete the work within the time specified in the Information to Bidders. 1 I/We also agree that this Tender is subject to a formal contract being prepared and executed. o �' subject gP P 1 In submitting this Tender for the work, the Tenderer further declares: 1 (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; 1 (b) That this tender is made without any connection, knowledge, comparison of figures or ' arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict of Interest Act, RSO 1990 "; 1 (d) That the offer shown in the Schedule of Items and Prices is to continue open to acceptance until the formal contract is executed by the successful Tenderer for the said 1 work or until thirty (30) days after the tender closing date, whichever event occurs first and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; 1 (e) That if we, the undersigned, withdraw this tender before the Owner shall have considered 1 the tenders and awarded the contract at any time within thirty (30) days after the tender closing date, the amount of the deposit accompanying this tender shall be forfeited to the Owner; 1 (f) That the awarding by the Owner of the contract based on this tender shall be an 1 acceptance of the tender; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; 1 T -A Date Specified.doc 1 1 T -B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the 1 money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The "Agreement to Bond" of the Dominion of Canada General Insurance Company Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond in an amount equal to 100% of the contract price and a separate Labour and ' Material Payment Bond in an amount equal to 50% of the contract price, is enclosed herewith. A certified cheque/bid bond for the sum of Fifty Thousand Dollars ($50,000.00) is attached hereto. 1 DATED AT Miller Lake this 8 day of August , 20 14 . (Signed) ( Sigeed) Signature of Witness Signature of Bidder ' NOTE: If the tender is submitted by or on behalf of an incorporated company, it must be signed in the name of such company by the duly authorized officers and the seal of the corporation must be affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. 1 1 14043 -T -B 2 Bonds -50% L&M Bond.docx 1 STATEMENT RE: SUB - CONTRACTORS The following is a list of Sub - Contractors or Sub - Trades intended to be used in the execution of the contract showing the approximate portion of the work to be allotted to each. 1 ITEM SUB - CONTRACTORS Name and Address Percent of Contract 1. Demolition Allen- Hastings 2. 1 Metals J.C. Welding - Walkerton 3. 1 Rough Carpentry Allen- Hastings 4. Finished Carpentry CCW Inc. - Kitchener ' S. Roofing DJ Peat Roofing - Owen Sound 6. Windows KW Glass - Kitchener 7. Drywall Canaan- Waterloo 8. Flooring Cuneos - Walkerton 1 9. Painting Bailey - Miller - Hanover 10. Mechanical Brad Baker - Exeter 1 11. Electrical Brad Baker - Exeter 1 12. Z: \wp \Contracts\Forms \Sub- Contractors.docx 1 1 1 AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) 1 ** 1 I Date: , 20_ PROJECT NO. 1 CONTRACT NO. TO: 1 Dear Sirs: RE: 1 In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer ") for the construction of subject to the express conditions that the Owner receive the Performance Bond and the Labour and Material Payment Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond in an amount equal to 100% of the contract price and a Labour and Material Payment Bond in an amount equal to 50% of the contract price, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the acceptance of the said tender and execution of the said Agreement by the ' Owner has been mailed to us. Yours very truly, (Seal) ' NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. Z : \wp \Contracts\Forms\AgToBond -2 bonds -50% L &M Bond.doc PERFORMANCE BOND 1 Bond No. Project No. Amount $ Contract No. i KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal" 1 and hereinafter called "the Surety", are jointly and severally held and firmly bound unto ' hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) ' of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of 1 20 ' WHEREAS by an agreement in writing dated the day of , 20 the Principal has entered into a contract with the Obligee, hereinafter called "the Contract ", for the construction, alteration, repair or maintenance of a public work, namely 1 as in the Contract provided, which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal ' shall at all times duly perform and observe the Contract including all the terms and conditions thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, ' liens, proceedings, demands, awards, payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the 1 Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. 1 Performance Bond Page 2 Provided further and it is hereby agreed and declared that there shall be no liability under this instrument of the Principal and Surety for payment of any claims for labour, material or services used or reasonably required for use in the performance of the Contract to the extent the amount of such 1 claims is paid pursuant to a Labour and Materials Payment Bond. Provided always and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. Provided further and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected 1 by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or power reserved to it under the 1 Contract or by its forbearance of exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forbearance or forgiveness which may take place between the Principal and the Obligee. Provided further and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. 1 1 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) Per: ' In the presence of: ) Per: ) Principal ' Witness ) ) Occupation ) ) Address ) Surety 1 Z : \wp \Contracts\Forms\Performance Bond.doc 1 1 I LABOUR AND MATERIAL PAYMENT BOND Bond No. Project No. 1 Amount $ Contract No. 1 KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal", and 1 hereinafter called "the Surety ", I are jointly and severally held and firmly bound unto 1 as Trustee, I hereinafter called the "Obligee ", for the use and benefit of the Claimants, their and each of the their heirs, executors, administrators, successors and assigns, in the amount of Dollars ($ ) I of lawful money of Canada, for the payment of which sum well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. 1 WHEREAS by an agreement in writing dated the day of 20 the Principal entered into a contract with the Obligee, hereinafter called "the Contract ", for 1 which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it I shall remain in full force and effect, subject, however, to the following conditions: 1 1 1 1 I Labour and Material Payment Bond Page 2 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the I performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment, directly applicable to the Contract provided that a person, firm or corporation who rents equipment I to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof I shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. 1 2. The Principal and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his I contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein 1 provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, 1 action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a parry to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to g g g Y � J the foregoing terms and conditions, the Claimants or any of them, may use the name of the I Obligee to sue on and enforce the provisions of this Bond. 3. No suit or action shall be commenced hereunder by any Claimant: I (a) Unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy I the amount claimed. Such notice shall be served by mailing the same by registered mail, or served in any manner in which legal process may be served in the Province of Ontario, to the Principal, the Surety, and the Obligee, at any place where an office is regularly 1 maintained for the transaction of business by such persons. Such notice shall be given: 1 1 1 Labour and Material Payment Bond Page 3 Ym g 1 in respect of any claim for the amount or any portion thereof required to be held back p Y YP q from the Claimant by the Principal under either the terms of the Claimant's contract with the Principal or under the Construction Lien Act, Chapter 6, S.O. 1983 applicable to the Claimant's contract with the Principal, whichever is the greater within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimants contract with the Principal. 1 2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the ' materials for which such claim is made, under the Claimant's contract with the Principal. (b) After the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. 1 (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to submit to the jurisdiction of such Court. 1 4. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims under the Construction Lien Act, whether or not such claims be presented under and against this Bond. PROVIDED ALWAYS and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract, and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. PROVIDED FURTHER and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or powers reserved to it under the Contract or by its forebearance to exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forebearance or forgiveness which may take place between the Principal and the Obligee. 1 1 1 Labour and Material Payment Bond Page age 4 1 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this Bond. 1 IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES AND CORPORATE SEALS this day of , 20 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) In the presence of: ) 1 ) ) Principal Witness ) 1 ) Occupation ) ) 1 Address ) Surety 1 1 1 1 1 1 • Z : \wp \Contracts\Forms\L&M Bond.doc 1 SCHEDULE OF PLANS, SPECIFICATIONS, GENERAL CONDITIONS & STANDARDS The work specified in this contract will be performed in strict accordance with the following plans, specifications, General Conditions, standards, etc. for the Municipality of Kincardine, Renovations ' to Municipal Administration Centre, Contract No. 14043 A. SPECIAL PROVISIONS - Pages SP -1 -1 to SP -9 -14 B. PLANS General G1 -G5 Architectural A101 -A104, A201, A202, A301, A401, A501, A502, A601 Mechanical Ml -Mil ' Electrical El -E8 C. INFORMATION TO BIDDERS - Pages IB -1 to IB -12 i D. FORM OF TENDER E. SUPPLEMENTAL GENERAL CONDITIONS - SGC -1 F. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 G. AGREEMENT H. CONTRACT RELEASE I. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS J. STATUTORY DECLARATION RE LIENS AND LIABILITIES r r r 1 r r r r r DIVISION 1 GENERAL REQUIREMENTS 1 1 r DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -1 SECTION 1.1-- GENERAL DESCRIPTION OF WORK The work included in this Contract includes the supply of material, labour, and equipment for the complete construction of works in accordance with the accompanying plans and contract documents. The work includes but is not limited to the following: • Renovations to the Municipality of Kincardine's Municipal Administration Centre Within the tender documents there are some provisional items that the Municipality may choose to with -draw from the scope of work. The Contractor will not receive any compensation if the ' Municipality chooses to with -draw any of the provisional items. The Contractor shall become familiar with all the pre- selected and specified equipment to ensure that the project is completed in accordance with the intent of the specifications. The Contractor shall supervise and co- ordinate the work of all suppliers, fabricators, and subcontractors for all phases of the work. ' SECTION 1.2 -- APPROVAL OF CONTRACTOR'S EQUIPMENT All equipment used on the Contract shall meet with the approval of the Contract Administrator. All equipment shall be transported to the site of the work on suitable pneumatic -tired carriers. Cleated vehicles will not be permitted on existing pavements. If, in the opinion of the Contract Administrator, the Contractor is not using suitable equipment for the work, he may direct the Contractor to suspend operations forthwith and such suspension shall remain in effect until the Contractor has provided satisfactory equipment. If the Contractor does not have sufficient equipment on the job, in � the opinion of the Contract Administrator, to carry out the work satisfactorily, the Contract Administrator may direct that the Contractor supply additional equipment immediately or the Contract Administrator may suspend the work forthwith. Any suspension of the work by the Contract Administrator on account of ' improper equipment or lack of equipment to carry out work satisfactorily shall not entitle the Contractor to an extension of time of completion, and he shall remain liable for any liquidated damages caused by his failure to complete the contract within the time specified. SECTION 1.3 -- PUBLIC ACCESS ' During the course of the project, Municipal staff, staff working in the office elsewhere in the building and the general public will require access to the building. However, the staff are willing to vacate portions of the building for a period of time to facilitate this work. See additional information provided in the Program of Work section. r DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -2 SECTION 1.4 -- PROGRAM OF WORK The Contractor shall provide the Contract Administrator with a tentative proposed program of works schedule which he proposes to follow in the execution of the contract within fourteen (14) days after the contract is awarded or the order to commence work is given. The program will be reviewed for approval by the Contract Administrator and municipal staff When the staff temporarily relocate out of an area to facilitate the construction work, this will provide the Contractor a construction zone to complete work within that area of the building for a period of time. The drawings show there are four work areas on the first floor and five work areas on the second floor that may be relocated as a group for a period of time. On the second I floor there is a currently unassigned office area that would be used by staff when they vacate a portion of the building to accommodate the construction work. The staging plan and schedule to be approved must take into consideration the following: g - The staging plan and schedule shall allow the Contractor to achieve the required project completion date and minimize the disruption to staff and the general public. - The multi- purpose room must be made available to the Municipality from October 24 to October 27 as it will be used as a municipal election polling station on October 27, 2014. - The Public Works, vault, and clerk's area must be available for use by the Municipality from October 1 to October 27, 2014. - When the departments are relocated, the unassigned office space on the second floor must be available to accommodate the staff. - Installation of the baseboard heaters on the first floor shall take place before the existing HVAC system is taken off line to help heat the first floor of the building. The Contractor shall provide and maintain additional electrical heating units throughout the remainder of the building to maintain the inhabited spaces at room temperature until the new HVAC 1 system is operating adequately to heat that portion of the building. When developing the staging plan the Contractor may assume the following: ' - When working in the Finance Department area, the Contractor shall be responsible for relocating the furniture from the areas to be completely renovated into a temporary storage facility onsite. - Staff being relocated will take their computers with them but leave all their furniture behind. If necessary, the Contractor will be responsible for temporarily relocating and returning the furniture to its' original location after the work is completed. - Municipal staff or the current tenants will be responsible for relocating and reconnecting their computers at the temporary office locations. - The Contract Administrator must be notified of scheduling changes at least one week in advance. - While staff will take with them all the documents and items that they anticipate they will need while they are temporarily relocated, the Contractor should recognize that occasionally staff will need access back into their work space to retrieve items and 1 r DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -3 accommodate such requests where possible. As these will be construction areas assigned to the Contractor for a period of time, the Contractor may restrict staff access back into the work areas until he feels it is safe for the staff members to enter the area. - The Contractor may use the paved apron in the rear yard for equipment, staff parking, and lay down area. The Contractor shall maintain an access route for the public to enter the building and access the elevator, the municipal department and tenant offices and ' maintain access to a suitable number of emergency exits. - The Contractor shall be responsible for providing and maintaining suitable signage to the public to the respective areas of the building. ' - The Contractor shall provide access by occupants to at least two emergency exits at all times. SECTION 1.5 -- SOUNDINGS, BORINGS, AND INSPECTION OF SITE (deleted) ' SECTION 1.6 -- PROJECT SIGN BOARD (deleted) SECTION 1.7 -- INSPECTION AND TESTING 111 All workmanship, materials, manufactured products, and manufacturing operations used in connection with this contract shall be subject to inspection and approval by the Contract Administrator or his appointed representatives. Any and all materials or manufactured products, including pipe, may be tested by the Owner. The Contractor shall, at his own expense, supply samples for testing as directed of any and all materials or manufactured products which he is using or proposing to use in the work, and he shall not be entitled to any extra remuneration nor ' any extension of the time allowed to complete the work as a result of any delays which may be caused or occasioned as a result of compliance with this specification. Materials whose test specimens fail to meet specified requirements and those materials which are rejected upon inspection shall not be permitted to remain on the site of the work and shall be immediately removed therefrom by the Contractor at his own expense. Similarly, defective or ' unacceptable workmanship shall be immediately rectified by the Contractor at his own expense. Except as specified in Division 2 (compaction) and Division 3 (concrete), the costs of all testing shall be borne by the Owner save that where test specimens fail to meet specified requirements, the costs of retesting further specimens shall be charged to the Contractor. Should the use of unsuitable or defective materials or workmanship result in additional inspection or quality assurance costs for the Owner, such costs may be charged to the Contractor by the Owner and/or deducted from the Maintenance Security release. SECTION 1.8 -- TEMPORARY BUILDINGS Temporary buildings may be erected by the Contractor at the site of the work, but the location of all temporary buildings used for construction purposes must be submitted to the Contract Administrator for approval before work commences. Temporary buildings may not be located or constructed in such a manner as to prove objectionable to the general area and the inhabitants therein. I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -4 Adequate fire extinguishers must be provided at the site of any temporary buildings to be used in case of fire, and all temporary buildings shall comply in all respects with the requirements of any local, national, or provincial legislation concerning temporary building work. SECTION 1.9 -- ACCURACY OF DRAWINGS AS TO LOCATION OF EXISTING I STRUCTURES, UTILITIES AND BUILDING FEATURES The drawings indicate approximately the location as far as has been ascertained of existing I features, watermains, storm drains and other utilities. The Contractor is in no way to construe this location as being exact, and he shall make his own investigation in the field prior to the submission of his tender for the work. , The Owner shall not be liable for any errors or omissions in designating the location of underground facilities, and the Contractor shall receive no additional remuneration on account of I any encounter with known or unknown utilities. SECTION 1.10 -- MAINTENANCE OF FLOW (deleted) , SECTION 1.11 -- MAINTENANCE OF EXISTING STRUCTURES, DRAINS, UTILITIES, ELECTRICAL, HVAC SYSTEMS, ETC. I The Contractor shall take note that in addition to the requirements of the General Conditions, he shall preserve and maintain free of damage all existing drains, drainage work, structures, pipes, electrical and HVAC systems and other utilities that are not to be modified as defined in the scope of work for the project. The Contractor shall be fully responsible for repairing or replacing any components or systems damaged by him and shall be fully liable for any damages claimed by any injured party. The Contractor shall indemnify and save harmless the Owner and the Corporation from any claim or suit for damages. The Contractor shall preserve and maintain all such drains, structures, systems or utilities at his own expense. SECTION 1.12 -- MAINTENANCE OF TRAFFIC, DETOURS, ETC. (deleted) I SECTION 1.13 -- UTILITIES AND SERVICES PARALLELING WORKS (deleted) SECTION 1.14 -- SUPPORT OF EXISTING SERVICES I The Contractor shall be completely responsible for supporting all existing services, electrical, HVAC or other utility lines encountered during the course of the project. The type of support shall be approved by the Utility involved. SECTION 1.15 -- WORK ON RAILWAY PROPERTY (deleted) I SECTION 1.16 — SITE MAINTENANCE AFTER CONSTRUCTION (deleted) I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -5 SECTION 1.17 -- SUPPLY OF SHOP DRAWINGS The Contractor shall: • Submit shop drawings showing the dimensions and specifications of all major components and equipment used for the project. Drawings which do not conform with the contract ' drawings and specifications shall be rejected. • Be responsible for the information given in the drawings and correct any errors caused by the said drawings. • Submit three (3) copies, plus the number of copies required for his own purposes, of all drawings for review. Digital copies may be supplied for preliminary approval; however, hard copies of the shop drawings shall be provided as they will be supplied to the owner at the completion of the project. • Note that only drawings to scale shall be considered and N.T.S. marked -up drawings will not be accepted. • Note that the Contract Administrator's review of any drawings does not relieve the Supplier, Fabricator, or Contractor from the responsibility of supplying materials as indicated on the ' Engineer's drawings or as specified in the Contract Documents. SECTION 1.18 -- CERTIFIED OUTLINE AND DESCRIPTIVE LITERATURE (deleted) SECTION 1.19 -- SPARE PARTS & INSTRUCTION MANUALS I The Contractor shall supply all spare parts as required by the Specifications. They should be made available to the Owner at commissioning or as agreed with the Owner. The Contractor shall supply three (3) sets of manuals for each and every item of equipment used on the project. The manuals shall contain the drawings and literature described under Section 1.17 and information for operating, maintaining, adjusting, repairing, and dismantling of each ' item of equipment. Manuals shall be bound in a three -ring binder. Binders shall be submitted to the Owner at least one month prior to the start-up and trial operation period. SECTION 1.20 -- CERTIFICATES AND INSTRUCTIONS FOR EQUIPMENT The Contractor shall, unless otherwise permitted or directed in writing by the Contract ' Administrator, furnish to the Owner before the issuance of the Certificate of Substantial Performance and before the Owner takes over the works from the Contractor: . Certificates or letters from the manufacturers of the equipment incorporated into the works (or from their accredited agents) stating that their qualified representatives have reviewed the installation and tested the equipment which they supplied and have found everything to be satisfactorily installed and in proper working order. i 1 DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -6 • The equipment manufacturers' operation and maintenance instructions and parts lists for all equipment incorporated into the works under the Contract. • A certificate or letter from the electric power authority which has jurisdiction in the area of the works stating that the said Authority's representative has inspected the electrical installations in the works and is satisfied that they are in accordance with the said Authority's requirements. 1 I I I I I I 0 -et A � N -- OM MN NM r MN S IN MI NM MN MN M N MN - 1 ' DIVISION 5 -- METALS SP -5 -1 SECTION 5.1 -- GENERAL 5.1.1 Scope of Work The requirements of Division 1 shall apply. Work included: - Metal railings 5.1.2 Reference Standards ' The most recent revision of the standards listed below or detailed elsewhere in this specification shall apply to their particular segment of the work. a) CSA Standard CAN /CSA- G40.20 "General Requirements for Rolled or Welded Structural Quality Steel" ' b) CSA Standard CAN /CSA- G40.21 "Structural Quality Steels" ' c) CSA Standard CAN /CSA -G164 "Hot Dip Galvanizing of Irregularly Shaped Articles" d) CSA Standard CAN /CSA -516.1 "Limit States Design of Steel Structures" e) CSA Standard CAN /CSA -S136 "Cold Formed Steel Structural Members" fl CSA Standard CAN3-S157 "Strength Design in Aluminum" g) CSA Standard W47.1 ' "Certification of Companies for Fusion Welding of Steel Structures" h) CSA Standard W47.2 ' "Certification of Companies for Fusion Welding of Aluminum" i) CSA Standard W59 ' "Welded Steel Construction (Metal Arc Welding)" j) CSA Standard W59.2 "Welded Aluminum Construction" k) CSA Standard W178.1 ' "Certification of Welding Inspection Organizations" 1 DIVISION 5 -- METALS SP -5 -2 1) ASTM Standard A307 "Carbon Steel Bolts and Studs, 60000 psi Tensile Strength" m) ASTM Standard A325 "High- Strength Bolts for Structural Steel Joints" n) ASTM Standard A446 "Sheet Steel, Zinc Coated (Galvanized) by the Hot -Dip Process, Structural (Physical) Quality" o) ASTM Standard A525 "Sheet Steel, Zinc Coated (Galvanized) by the Hot -Dip Process" p) ASTM Standard A570 "Sheet Steel and Strip, Carbon, Hot - Rolled, Structural Quality" q) ASTM Standard A606 "Sheet Steel and Strip, High - Strength, Low - Alloy, Hot - Rolled and Cold- Rolled, with Improved Atmospheric Corrosion Resistance" r) CAN /CGSB -1.40 "Primer, Structural Steel, Oil Alkyd Type" s) CAN /CGSB -1.181 "Ready -Mixed Organic Zinc -Rich Coating" t) Canadian Institute of Steel Construction (CISC) "Code of Standard Practice for Structural Steel for Building" u) ASTM A 167 - Standard Specification for Stainless and Heat - Resisting ' Chromium- Nickel Steel Plate, Sheet, and Strip; 1996. v) ASTM A 240/A 240 - Standard Specification for Heat - Resisting Chromium , and Chromium- Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels, 1998b. w) ASTM A 276 - Standard Specification for Stainless Steel Bars and Shapes; 1 p p 998b. x) ASTM A 479/A 479M - Standard Specification for Stainless and Heat - Resisting ' Steel Bars and Shapes for Use in Boilers and Other Pressure Vessles; 1997a. I ' DIVISION 5 -- METALS SP -5 -3 5.1.3 Shop Drawings The contractor shall supply Shop Drawings in accordance with Section 1.17 and as detailed below. ' The following table provides a list of items, as specified within Division 5, for which shop drawings will be required. The Contractor shall note that the list provided in the table is not necessarily exhaustive, and the table may be amended by the Contract Administrator as necessary to include all relevant equipment and items. Specification Item Description Reference 5.2.8 (a) Metal Railings SECTION 5.2 -- MATERIALS ' 5.2.1 Structural Steel Roll all materials from new billets complying with the specifications; do not roll materials from rejected new billets or from material previously rolled. Provide mill report on request of the Owner. W shape, S shape, M shape, Channels, Structural Plate and Angles shall conform to CSA Standards CAN /CSA- G40.20 and CAN /CSA- G40.21, Type W, Weldable Steel, Grade 300W. Hollow Structural Sections (HSS) shall be Class H, Grade 350W. Shop paint primer shall conform to CAN /CGSB -1.40. 5.2.2 Steel Pipe Conform to CSA B63 standard weight, black or galvanized finish. ' 5.2.3 Sheet and Strip Steel Regular quality, hot rolled and cold rolled alloy steel sheets and strips shall conform to ASTM ' Standard A606. ' 5.2.4 Galvanizing Steel shall be galvanized where noted. Hot - dipped galvanizing shall conform to CSA Standard CAN /CSA -G164 and be a minimum zinc coating of 600 g/m All field welds on galvanized steel shall receive zinc -rich primer conforming to CAN /CGSB- 1.181. 1 DIVISION 5 -- METALS SP -5 -4 5.2.5 Aluminum Aluminum shall conform to CSA Standards HA Series, "CSA Standards for Aluminum and , Aluminum Alloys ". Sheet and plate shall conform to CSA Standard HA.4. Wire, rod, bar and extruded shapes shall conform to CSA Standard HA.5. Drawn tube shall conform to CSA Standard HA.7. Coat all aluminum that comes in contact with concrete, masonry, or mortar with a heavy coat of non - emulsified bituminous paint several days before installation. Use approved bushings and pads to electrically isolate submerged aluminum components from I metal fasteners or structure. 5.2.6 Welding Materials I Welding structural steel shall conform to CSA Standard W59 and shall be performed by a fabricator approved by the Canadian Welding Bureau under CSA Standard W47.1. 1 Welding aluminum shall conform to CSA Standard W59.2 and shall be performed by a fabricator approved by the Canadian Welding Bureau under CSA Standard W47.2. 5.2.7 Bolts, Nuts, Washers i) General -- bolts, nuts, and washers shall be steel or aluminum as required. ii) Steel -- conform to ASTM Standard A307 or A325 for fasteners. iii) Steel (submerged) -- all steel fasteners subject to submergence shall be stainless I steel. iv) Aluminum -- all aluminum fittings shall be fastened with aluminum or stainless steel I bolts. v) Concrete anchors -- as manufactured by Hilti (Canada) Limited or by Buildex/Red 1 Head for the particular application, or approved equal. 5.2.8 Manufactured Items 1 (a) Metal Railings (Steel) Metal railings shall conform to the details, dimensions and member sizes specified on the drawings. i U ' DIVISION 5 -- METALS SP -5 -5 SECTION 5.3 -- FABRICATION AND INSTALLATION 5.3.1 General Workmanship t Fabricate and erect all work square, plumb, straight, and true, accurately fitted, in alignment with other work, with tight joints and intersections properly secured. Work to be in strict accordance with the Drawings and approved Shop Drawings. Where possible, work to be fitted and shop assembled, ready for erection. Conceal supports, anchors, etc., wherever possible. Conceal connections of assemblies on back or interior wherever possible, especially when the finished unit will be exposed to view. Nick threads on bolted connections to prevent loosening. Exposed welds to be continuous for length of each joint. File or grind exposed welds smooth joint. � p ooth and flush to completely conceal any welded butt joints and to make a smooth transition between other joints. Grind all miscellaneous steel surfaces remaining after construction to ensure a perfectly smooth surface ready to have the specified coating system applied. The design shall be such that field welding should not be required. Touch -up field welds, bolts, and burnt or scratched surfaces after completion of erection. Touch -up galvanized surfaces with zinc primer where burnt by field welding. Prior to commencing installation, check all adjacent construction into which the work is to be incorporated and all conditions giving access to the various work locations, and notify the Contract Administrator in writing of any conditions which might prejudice a proper installation. ' Deliver the fabricated items to the site and store and handle while installin g by b methods which prevent twisting, distortion or other damage. Store items to prevent corrosion. 5.3.2 Welding Execute welds so as to avoid damage or distortion to the work. Welds on piping & headers shall be continuous to provide air or water tightness as required. All structural welds shall be performed by a company certified in compliance with CSA Standards W47.1 or W47.2. 1 I DIVISION 5 -- METALS SP -5 -6 I Should, in the opinion of the Contract Administrator, there be reasonable doubt as to the adequacy of any welds, test welds for efficiency and remove any work not meeting with CSA Standards and replace any with new work satisfactory to the Contract Administrator at no cost to the Owner. 5.3.3 Riveted and Bolted Connections Conform to the applicable sections of CSA Standard CAN /CSA - S 16.1. ' 5.3.4 Painting metal components All fabricated metal components shall be hot dip galvanized, primed with a zinc primer suitable for application on a galvanized coating and then top coated with paint or powder coated. The shop fabricator shall ensure that the combined galvanizing and paint system are compatible and provide details about the system to be used on the shop drawing submission for review and approval by the Contract Administrator. I Use primer unadulterated, as prepared by manufacturer. Paint on dry surfaces free from rust, scale, grease. Do not paint when temperature is lower than 7° C. I 5.3.5 Submerged Aluminum um which is submerged under normal conditions e. All aluminum g ( g . reservoir and wetwell ladders, platforms, etc.) shall be electrically isolated from all non - aluminum metal fasteners, components, structures, etc. This shall be accomplished through the use of approved non - metallic bushings, pads, etc. 1 I I 1 I 1 I I 1 I DIVISION 6 CARPENTRY 1 I 1 I 1 I t 1 ' Revised November 2013 I DIVISION 6 -- CARPENTRY SP -6 -1 SECTION 6.1-- GENERAL 6.1.1 Scope of Work The requirements of Division 1 shall apply. Work Included: - Rough hardware - Finish hardware and millwork 6.1.2 Shop Drawings The contractor shall supply Shop Drawings in accordance with Section 1.17 and as detailed below and elsewhere in Division 6. The following table provides a list of items, as specified within Division 6, for which shop drawings will be required. The Contractor shall note that the list provided in the table is not necessarily exhaustive, and the table may be amended by the Contract Administrator as necessary to include all relevant items. Specification Item Description Reference 6.4.3 (b) Cabinetry/Millwork 1 6.4.3 (d) Finish Hardware SECTION 6.2 -- ROUGH CARPENTRY 6.2.1 Product Handling Co- ordinate delivery with construction schedule. Protect materials from weather while in transit and on job site. 6.2.2 Q t3' uali Assurance Grade stamp lumber and label metal stud thickness gauge prior to delivery. Lumber must bear grading stamp of manufacturer. 6.2.3 Shop Drawings Submit shop drawings in accordance with Section 6.1.2. 6.2.4 Reference Standards The most recent version of the standards listed below or detailed elsewhere in this specification shall apply to their particular segment of the work. I DIVISION 6 -- CARPENTRY SP -6 -2 a) CSA Standard CAN /CSA -086 "Engineering Design in Wood" b) OSA Standard CAN /CSA -0325 "Construction Sheathing" c) ASTM Standard A307 "Carbon Steel Bolts, Studs, and Threaded Rod 60,000 psi Tensile Strength" d) ASTM Standard A325 111 "Standard Specification for Steel Bolts, Heat Treated" e) CSA S136-01 "North American Specification for the Design of Cold Formed Steel Structural Members Used in Buildings" fj CSSBI50M -1987 I "Lightweight Steel Framing Manual" g) ASTM Standard C645 I "Standard Specification for Non - structural Steel Framing Members" 6.2.5 Products (a) Lumber Materials I Except as indicated or specified otherwise, softwood S4S (surfaced four sides), moisture content (MC) 19% or less at time of installation, and shall conform to the following Standards: I - CSA Standard 0141 "Softwood Lumber" - NLGA Standard Grading Rules for Canadian Lumber. I Spruce grade No. 1/No. 2 or as indicated herein or shown on the Drawings. Machine stress -rated lumber is acceptable for all p purposes. Glued end jointed (finger joined) lumber is not acceptable. Framing and board lumber shall be in accordance with Table 9.3.2.1 of Ontario Building Code (OBC) 2012. Rough carpentry such as wood block, rough bucks, strapping, grounds and nailing strips: - S2S (surfaced two sides) is acceptable for nailing strips, grounds, and sleepers; otherwise use S4S. - All material to be pressure treated with preservative applied to cuts. DIVISION 6 -- CARPENTRY SP -6 -3 - Well seasoned stock, free from large loose resinous knots, shakes, splits, dry rot or other defects which would impair its strength or durability. Generally, it shall be well seasoned No. 2 (standard) Eastern Spruce, or No. 3 White Pine, in accordance with NLGA grading rules. (b) Panel or Sheathing Material Panels for roof, wall, or floor sheathing shall be of type, grade (interior /exterior) and thickness as shown, and shall conform to the following Standards: - CSA Standard 0121 "Douglas Fir Plywood" - CSA Standard 0151 "Canadian Softwood Plywood" - CSA Standard CAN /CSA -0437 "Standards on OSB and Waferboard forest products ". Except as specified otherwise, panels shall be 4' x 8' (1220 x 2440 mm) size, square -edge. (c) Exterior Wall Sheathing Paper O g Unless specified otherwise on the drawings, sheathing paper shall conform to CGSB -51.32 "Sheathing Membrane, Breather Type ", single ply, coated type. (d) Wood Preservative Pressure treat wood as required with preservative, conform to CSA Standard 080 "Wood Preservation ". For field end cuts, use same CCA preservative as used for shop impregnation. (e) Fasteners Nails, spikes and staples: Conform to CSA B111 "Wire Nails, Spikes and Staples" unless otherwise indicated. Bolts: Diameter as indicated, complete with nuts and washers. L Proprietary fasteners: Toggle bolts, expansion shields and lag bolts, screws and lead or inorganic fibre plugs, explosive actuated fastening devices, recommended for purpose by manufacturer. Galvanizing: Conform to CSA Standard CAN /CSA G164, use galvanized fasteners for exterior work, interior highly humid areas, pressure - preservative, or fibre - retardant treated lumber. ' (f) Metal Studs and fasteners Conform with requirements CSA S 136 -01 and coated as per CSA G164 -M92. All stud members shall consist of minimum 20 gauge, material and all fasteners shall be minimum 18 gauge, material. Fastening screws shall be minimum #6 self - tapping screws as approved by the stud supplier. I I DIVISION 6 -- CARPENTRY SP -6 -4 1 6.2.6 Execution I (a) Workmanship Ground nailing strips, rough bucks, etc., shall be accurately set as required, or as detailed and securely fastened. (b) Wood and Metal Frame Construction Comply with requirements of Section 9.23 of Ontario Building Code (OBC) or as indicated on I the Drawings. Metal studs and framing for bulk heads to be placed as indicated on the drawings or as per the I CSSBI 50M -1987 manual. Maximum spacing of stud and framing members 400 mm (16 ") oc. and not more than 50mm 1 from abutting walls unless specified otherwise. Besides openings two studs shall be placed from the floor to the ceiling that are fastened together mid - height. To support fixtures lavatory sinks, toilets, bathroom accessories and other components such as grab bars an additional stud member or furring strip shall be installed horizontally. Unless specified otherwise, secure bottom plate or furring channel for stud walls at maximum 600mm oc with 9mm diameter anchor bolts embedded at least 75 mm into the concrete and fasten similarly to the ceiling or as otherwise approved. With stud walls fasten all studs lumb with two nails through ough the base plate or screws into furring channel. The furring strip at the base and top of the wall shall be at least 22mm high. Taller furring strips, 50mm, with slotted holes shall be installed at the top of the wall when non- load bearing walls are to be installed under beams or floor systems that are expect to deflect a significant amount due to live loads. i Blocking, grounds, strapping, rough buck, anchors, shown on drawings are guides to work only, and are not necessarily complete. Location, method of securing is per standard practice or as confirmed acceptable at time of construction. Anchor rough bucks with 1 /2" bolts at 1200 mm oc unless indicated otherwise. ' Erect as indicated or required to provide true, plumb, rigid, secure support with all joints located over solid bearing. Provide blocking, bevelled 100 mm (4 ") (nominal) high wood cant strips as indicated or required for roofing and sheet metal flashings. Construct roof curbs and framing as required around roof fans, ventilation ducts and all other electrical and mechanical equipment placed on roof and as shown on Drawings. Construct, install skids for roof mounted equipment. Bolt securely together. I DIVISION 6 -- CARPENTRY SP -6 -5 Provide rough frames as required for openings in masonry. l Provide sill seal below all base plates secured to concrete slabs and foundation walls. 1 Fasten all connections together in accordance with details. Where not detailed, use best standard practice and Ontario Building Code. Connections shall be closely fitted, accurately set and tightly secured. (c) Installation of Air / Moisture Barrier On exterior walls, building paper or alternatively specified air / vapour barrier membrane is to be stapled to the exterior of gypsum board sheathing as per Ontario Building Code (OBC). Also see Division 7. (d) Wood Preservative When the wood is placed outside and exposed to the environment or when specified on the drawings, pressure treated wood shall be used. (e) Temporary Protection Provide and place all temporary protection required in order to keep building weatherproof. Provide and place all temporary doors and windows required to enclose and lock up building. (f) Installation of Plywood Subfloor and Underlay Install subfloor to wood joists 300 mm (12 ") centres. Ensure that tongue and groove joints occur along all unsupported joints. �i Underlay plywood to be glued and screwed at 200 mm (8 ") centres to subflooring. (g) Electrical Equipment Backboard Install backboard for mounting electrical equipment where indicated. Use 19 mm (3/4 ") thick G1S plywood on 19 x 39 mm (3/4" x 3 1 /2 ") furring at 300 mm (12 ") oc. SECTION 6.3 -- FINISH CARPENTRY 6.3.1 Product Handling Do not deliver finished materials during rain or damp weather. Keep all materials dry during delivery and on the job site. Prevent damage to materials during handling and storage. I DIVISION 6 -- CARPENTRY SP -6 -6 I Do not deliver finished millwork to job until all openings are glazed. 1 6.3.2 Shop Drawings Submit shop drawings in accordance with Section 6.1.2. 6.3.3 Products i (a) Materials for Laminated Plastic Core for plastic laminate work: Particle board having a minimum core density of 40 lb /cu. ft. I Laminated Plastic for Postforming work: Conform to CSA Standard CAN3-A172 "High - Pressure Paper Base, Decorative Laminates ". Unless otherwise specified laminate shall be solid I colour scratch resistant finish, moulding grade 0.8 mm (0.32 ") thick. Economy grade plastic laminates are not acceptable. Colour shall be as selected later by the Contract Administrator. Approved manufacturers are Forbo Industries Inc. (Arborite), Formica Canada Inc., and Wilson Art. Laminated Plastic for Flatwork: Conform to CSA Standard CAN3 -A172 "High- Pressure Paper I _ Base, Decorative Laminates ". Unless otherwise specified, laminate shall be solid colour scratch resistant finish, standard grade 1 mm (0.04 ") thick. Economy grade laminated plastic are not acceptable. Colour shall be as selected later by the Contract Administrator. Approved manufacturers are Forbo Industries Inc. (Arborite), Formica Canada Inc., and Wilson Art. Laminated Plastic Liner: By the same manufacturer as facing sheet, not less than 0.51 mm I (0.020 ") thick, white colour. Laminated Backing Sheet: By same manufacturer as facing sheet, not less than 0.51 mm I (0.020 ") thick, sanded one side. Adhesive: Urea - formaldehyde adhesive in accordance with CSA Standard 0112.5 -M and manufacturer's recommendations. Sealer: Water resistant sealer in accordance with manufacturer's recommendations. I Painted or stained cabinets shall be as specified on drawings. Wherever practical the paint/stain shall be applied at the shop. If necessary, touch -ups may be completed after assemble in the building provided a quality uniform finish is provided. Where not specified on the drawings the finish shall be as follows: Counter Top - plastic laminate, scratch resistant. Cabinetry - stain grade birch, veneer 3 /4" medium density particle board. (b) Cabinet Work Construction Fabricate casework to AWMAC conventional construction, custom grade. Unless indicated as painted or stained all cabinets to be finished in plastic laminate. I I DIVISION 6 -- CARPENTRY SP -6 -7 I Properly construct cabinet with all components adequately glued. All joints shall be properly flushed. Set nails and screws, apply stained plain wood filler to indentations, sand smooth and leave ready to receive finish and each unit sanded before leaving shop. I Apply 9.5 mm (3/8 ") hardwood to all exposed edges of veneer board. When visible on the exterior of the cabinet, wood to match stained exterior faces. Otherwise wood edges are to be I maple. All knee space exceeding 914 mm (36 ") wide to have 50 mm x 50 mm (2 "x 2 ") steel angle 1 reinforcing welded at corners (including premoulded vanities). Provide cutouts for plumbing fixtures, inserts, appliances, outlet boxes and other fixtures I whether or not shown on the Drawings. Where wiring access is required through countertops or other exposed surfaces to electrical receptacles below, provide prefinished aluminum 38 mm (1 ' /2 ") diameter access covers. I Shop assemble work for delivery to site in size easily handled and ensure passage through building openings. I Install cabinet hardware for doors, shelves and drawers. I (c) Laminated Plastic Application Veneer laminated plastic to core material in accordance with adhesive manufacturer's I instructions. Ensure core and laminate profiles coincide to provide continuous support and bond over entire surface. I Ensure adjacent part of continuous laminate work match in colour and pattern. I Use straight self - edging strip for all flatwork to cover exposed edge of core or if indicated on the drawing with wood trim. Chamfer exposed edges of laminate uniformly at approximately 20° of as specified on drawing for wood trim. Do not mitre laminate edges. I Apply laminate backing sheet to reverse side of the core of all plastic laminate work where reverse side is concealed. I Provide cut -outs as required for inserts, grilles, appliances, outlet boxes and other fixtures. I Round internal corners, chamfer edges and seal core. Unless otherwise indicated all counter tops shall be post - formed and shall have furniture finish. I Apply laminated plastic liner sheet to interior of cabinet work where indicated. I I DIVISION 6 -- CARPENTRY SP -6 -8 (d) Finish Hardware I A Hardware Schedule shall be submitted to the Contract Administrator by the Hardware Supplier following award of the Contract for the approval of the Contract Administrator. Hardware quality and type shall be similar to existing hardware in the building. Finish hardware shall include all butts, locks, latches, push plates, pulls, kickplates, closers, holders, etc., as well as all hardware required for cabinet work such as nylon rollers, drawer guides, pulls, etc. 6.3.4 Execution I (a) Workmanship I Construct finished carpentry and finish in accordance with best practice for first class workmanship. I Sand and clean materials after erection. Accurately fit joints, coped where possible and glue. End grain wood is not accepted on finished surfaces. I Set and conceal nail heads in a finished surface in a satisfactory manner, and in stained work countersink screws and bolts and cover with side grain plugs. I (b) Installation All dimensions to be site verified, any discrepancy must be reported to the Contract Y P Y p Administrator prior to any construction or fabrication. Dimensions are nominal - Contractor to provide clearance as required for cupboards, drawers, doors, etc. Install all cabinet -work in locations as shown, level and plumb and fixed and bolted in place. Furnish and drill for all screws, expansion shields, toggle bolts, shims, etc. Install cabinet -work and equipment in close co- operation and co- ordination with all other trades involved. Provide all necessary cut -outs for service and other inserts as required by other trades. All work to be left complete, accurate to line, of sound construction and good workmanship and include all work shown on the Drawings. Site apply laminated plastic to unit as required. Adhere laminated plastic over entire surface. Joints where required or indicated shall be hairline. Apply small bead of sealant at junction of wall finish and splash -back. , After installation, fit and adjust operating hardware for doors, drawers and shelves. I 1 DIVISION 6 -- CARPENTRY SP -6 -9 (c) Casework Co- ordinate installation of rough blocking for casework to be installed under this Section. All trims must be one piece or 3.05 m (10' -0 ") min. lengths between butt joints. All butt joints shall be mitred or biscuit jointed. All interior corners maybe coped. All other corners shall be mitred. All joints shall be glued and finished nailed. Interior trim or woodwork which is to be installed directly against masonry shall be back - painted 1 with one coat of prime paint before installation. Where wood trim to windows or wood door frames is required, provide solid wood jamb extensions. Install trim exposing 3.2 mm (1/8 ") of jamb extension edge. Wood trim to metal frames shall consist of wood finished trim cut to expose 25.4 mm (1") of 1 metal frame face and a back strip of 12.7 mm ( /2 ") thick solid wood spacer laminated to outer edge of trim. (d) Hardware Supply all necessary rough hardware for execution of work of this section, such as nails, spikes, bolts, nuts, washers, screws, etc. Finished hardware shall be supplied under Division 8 and installed under this Section. Install hardware in accordance with manufacturer's instructions using special tools, etc. This trade shall be responsible for damaging hardware due to faulty installation. (e) Millwork Generally Examine drawings and furnish all finished carpentry items required for the proper execution of this project. Each item shall be complete with all required anchorage and such accessories as necessary for proper installation and for co- relation with adjoining work. (t) Wood Stairs Construct stairs to rise and run specified. Accurately route rebbates for treads and risers in stringers. Wedge and secure in place. Provide blocking between carriages. Risers to be rabbetted to treads. Provide carriage members at each stringer and at centre of span. 1 i l i DIVISION 7 THERMAL AND MOISTURE PROTECTION i i 1 i 1 I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -1 SECTION 7.1 -- GENERAL 1 7.1.1 Scope of Work The requirements of Division 1 shall apply. Work Included: — Insulation — Roofing - Flashing and Sheet Metal — Caulking and Sealants — Air Barrier — Fiber Cement Siding Provide all labour, materials, and equipment required to complete all the work of each section of this Division. 7.1.2 Shop Drawings The contractor shall supply Shop Drawings in accordance with pp y p g Section 1.17 and as detailed I below. The following table provides a list of items, as specified within Division 7, for which shop drawings will be required. The Contractor shall note that the list provided in the table is not necessarily exhaustive, and the table may be amended by the Contract Administrator as necessary to include all relevant items. I Specification Item Description Reference 7.3 Insulation 7.5 Membrane Roofing (SBS Modified Bituminous) 7.8 Flashings and Sheet Metal 7.9 Caulking and Sealants 7.6 Fiber Cement Siding - Submittals I SECTION 7.2 -- INSULATION 7.2.1 General Apply all materials in strict accordance with the manufacturer's written instructions. I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -2 7.2.2 Materials a) Wall Insulation (below grade) I Perimeter foundation wall insulation shall be rigid -board extruded/expanded - polystyrene insulation equal to Dow Chemical Canada Inc. "Styrofoam SM" and conform to CAN/ULC 5701, Type 4. "Styrofoam" concrete faced insulation boards having a factory applied 6 mm (1/4 ") thick latex modified concrete facing shall be used as shown on the Drawings, complete with securement clips, fasteners, and protective cap and edge metal flashing as recommended by the insulation manufacturer. Thickness shall be as shown on the Drawings. b) Wall Insulation (above grade) i) Wall insulation shall be rigid -board extruded/expanded - polystyrene insulation equal to Dow Chemical Canada Inc. STYROSPAN TYPE 3 and conform to CAN/ULC- S701, Type 3. Thickness shall be as shown on the Drawings. OR When specified as an acceptable alternative, spray - applied rigid polyurethane insulation in accordance with CAN/ULC- 5705.2. Thickness shall be as shown on the Drawings. I ii) When there is no strapping or alternative method provided to hold the insulation in place the insulation furring system shall be "Bailey Retainer Tee" furring channels I consisting of "T" shaped, 48 mm (1 7/8 ") wide, 25 gauge electro - galvanized steel, or accepted equivalent. iii) Masonry fasteners for furring system shall be "Tapcon" or an approved equal. c) Cavity Wall Insulation I The wall space between the interior block and exterior brick or block shall have rigid -board extruded/expanded- polystyrene insulation equal to Dow Chemical Canada Inc. "Cavitymate" and conform to CAN/ULC 5701, Type 3. Thickness shall be as shown on the Drawings. d) Roof Insulation (SBS Modified Bituminous) i Roof insulation shall be polyisocyanurate in accordance with latest version of CAN/ULC -5704. Thickness shall be as shown on the Drawings. e) Ceiling or Wall Insulation I Mineral fibre, batt type thermal building insulation equal to Owens Corning Canada or Roxul and conform to CAN/ULC 5702, Type 1. Thickness or thermal resistance (R) value shall be as , shown on the Drawings. I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -3 f) Air and Vapour Barrier I In masonry block walls the air and vapour barrier on masonry block walls shall be trowelable, synthetic rubber based adhesive material equal to Henry (Bakor) Company Air -Bloc 21. I In stud wall assembles, the vapour barrier in walls and ceilings shall conform to CAN /CGSB- 51.34 "Vapour Barrier, Polyethylene Sheet for use in Building Construction ". I Vapour barrier under concrete floor slabs shall be WR Meadows 10 mil "Perminator ". I g) Air I Moisture Barrier When specified on the drawings, an air / moisture barrier as specified shall be installed as per the I supplier specifications. I 7.2.3 Execution a) Wall Insulation (below grade) I Remove any irregularities or jagged surfaces on the wall prior to installation. Ensure that any � J gg p y I dampproofing material has had sufficient time to cure prior to installation. Secure insulation to walls using fasteners and method as recommended by the insulation manufacturer. Protect exposed edge of insulation with metal flashing. b) Wall Insulation (above grade) I Secure insulation using the furring system, or when specified with strapping, installed so as to properly accept the exterior finish. I Insulation shall be supplied and applied with shiplap joints when possible and installed with panel tight up against each other. I The insulation must not be installed until the condition of the existing wall has been reviewed for soundness by the Contract Administrator. I The insulation board shall be installed on areas as shown in the drawings and installed in accordance with manufacturer's instruction and with good construction practice. Installation shall begin at one corner with each board tightly butted to form an uninterrupted surface; cut and I fit as necessary to accommodate corners, doors, windows, plumbing and electrical conduit. I When using retainer tees, position the second insulation board butted firmly to the first and insert the Bailey Retainer Tee channel into the joint formed between the two insulation boards. Channel spacing shall be on 600 mm (24 ") centres. The back of the channel shall be pressed I flush with the face of the insulation board. I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -4 When using strapping, the panels shall be installed and held in place when the strapping is screwed in position with corrosion resistant coated #8 screws long enough to fully penetrate the sheathing. Where possible, the strapping and screws shall be installed in line with the existing wall studs at maximum 16" oc. to keep penetrations through the air barrier at the stud locations. Additional channels, galvanized angles or wood strapping shall be positioned around windows or , door openings and at corners as necessary to provide firm attachment for the exterior wall cladding. 1 In masonry walls, fasteners shall be installed through the channels and insulation board in properly pre - drilled pilot holes. Minimum four fasteners per standard length of Bailey Retainer Tee. Fasteners shall penetrate substrate wall a minimum of 25 mm (1 "). c) Cavity Wall Insulation I " Place insulation as per manufacturer's written instructions using an approved adhesive. All joints shall be parged. Insulation shall be applied by a firm licensed and/or approved by the manufacturer of the insulation. The masonry contractor shall take every reasonable precaution to keep the blocks clean of mortar mix and debris. Block walls shall be placed such that the vertical alignment of the block is within 25 mm for the entire vertical height of the wall. I The insulation must not be installed until the wall has been reviewed and approved by the Contract Administrator. d) Roof Insulation (SBS Modified Bituminous) Roof insulation shall be polyisocyanurate in accordance with latest version of CAN/ULC -5704. 1 Thickness shall be as shown on the Drawings. e) Ceiling or Wall Insulation Place batt type insulation as per manufacturer's instructions and to ensure that all voids are filled. Insulation shall not be compressed during installation. Insulation material must be protected from moisture during installation. f) Air and Vapour Barrier Apply air barrier material in masonry cavity walls to a minimum wet film thickness of 3 mm I (coverage of 3 L /m by flat trowel in strict accordance with the manufacturer's written specifications, including surface preparation and transition membranes as required. With stud walls, incorporate vapour barrier in ceiling or wall construction where shown on the Drawings and in conformance with the building code requirements at all wall penetrations. I 1 I 1 DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -5 SECTION 7.3 -- MEMBRANE ROOFING (SBS MODIFIED BITUMINOUS) 7.3.1 General Construct a Modified Bituminous Insulated Roof Membrane Assembly roofing system. Membrane system to be installed as per the supplier specifications by a company that is a member in good standing of the Ontario Industrial Roofing Contractors Association. Note roofing supplier is to provide typical details g pp p typ show installations shall take place at roof penetrations such as all vents, exhausters, roof drains, etc., parapet and wall junctions and material specification of the proposed roof membrane materials to be used for approval. While our specifications include materials for a fully adhered system by Soprema, consideration for a comparable system by another supplier or a comparable mechanically fastened down system recommended by the supplier would also be considered but not until after the tenders are submitted and reviewed. 7.3.2 Materials a) Vapour Retarder Elastocol Stick Primer and Sopravap'r self - adhesive vapour retarder. b) Recovery Board (Fiberboard) ' 4.8 mm thick non -woven polyester reinforced SBS membrane "Soprasmart Board 180 sanded" in accordance with CSA Al23.21 -10. Sealed along joints with Elastocol Stick primer per supplier specifications. c) Base Sheet Elastocol Stick primer system to seal recovery board and bond Sopraflash Stick base flashing membrane. d) Membrane Cap Sheet Sopralene Stick HR GR cap sheet and cap flashing membranes. e) Ceiling or Wall Insulation Mineral fibre, batt e thermal building insulation equal to Owens Corning Canada or typ g q g Roxul and conform to CAN/ULC S702, Type 1. Thickness or thermal resistance (R) value shall be as shown on the Drawings. I I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -6 f) Accessories Adhesives shall contain fire retardant and of the type recommended by the manufacturer of the 1 specific material being applied. For this system, Elastocol Stick, Duotack and Colply adhesive or as recommended by the roofing material supplier shall be used to bond the roofing material and insulation together. Tapered insulation shall be polyisocyanurate material with the thickness required to achieve the desired finish slope of the roof. Mechanical fasteners, if applicable, shall be equipped with 50mm diameter fastener plates as recommended by the roof system material supplier and include screws with a rust preventative coating complying with Factory Mutual Research approval standards. Base flashing, endlap cover strip and pedestal that are compatible with the proposed system and approved by the supplier. Metal flashing shall be sheet metal flashing and shall conform with requirements in Section 7.8. 7.3.3 Inspection I a) Condition of Surface , Before proceeding with installation of roofing, examine the roof deck and surfaces against which the cants are to be placed, reglets, vents and any other protrusions through the roof. I Deck shall be dry, smooth and free of depressions, waves or projections. All debris, snow, etc. shall be cleaned off deck prior to start. Report to Contract Administrator low areas in roof deck 1 which will prevent proper draining on the roof. Flutes in steel deck must be dry. Commencement of installation signifies acceptance of surfaces and conditions, and if repairs to , these surfaces are required after installation, it shall be done at no expense to the Owner. 7.3.4 Execution I a) General I All roofing and sheet metal work shall be executed in accordance with the standards as set out by the Ontario Roofing Contractors' Association. I b) Vapour Retarder Apply vapour barrier on structural deck, where warranted. Apply vapour barrier into continuous ' beads of adhesive applied along edges and evenly spaced throughout roof surface. Lap all edges and ends 100 mm, or as recommended by the supplier, and seal with adhesive. Insulation and recovery board sheathing will then be applied over vapour barrier as described below. I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -7 c) Insulation Loose lay for the mechanical system and adhered in place for the fully adhered system, insulation panels over entire surface with no separation between panels. Workmanship shall be best standard practice and shall be performed in accordance with Canadian Roofing Contractors' Association (CRCA) Roofing Specification Manual and the recommendations of the roofmg insulation manufacturer. d) Recovery Board (Fiberboard) To rovide a uniform substrate, place a 4.8 mm thick polyester reinforced asphaltic board over p P p Y p the roof structure and insulation, as required. The non - structural panel shall be mechanically fastened or adhered down with approved adhesive to the roof structure. Voids of 5 mm or larger must be filled around all penetrations or curbs. e) Base Sheet Over the insulated surface, and starting at the roof's lowest point, torch apply or if applicable cold apply membrane base sheet, to new recovery board surface as per supplier specificaitons. With torch applied, side laps and end laps are to have the thermofusible film torched off prior to the installation of the next sheet. Polyfilm on side laps to be burned off at end of working day. Lap side joints to the manufacturer's specifications and end joints 6" minimum. Stagger end joints 3 feet minimum. Terminate the base sheet 2" above deck/wall transition. For end lap and side lap sealings, cut off the corner piece of the selvage edge at the end lap that will be covered by the next preceding roll. Upon completion of the base sheet installation, provide a membrane flashing at the intersection of the roof membrane at walls, curbs and where a vertical member passes through the roof. Note: extreme caution must be used when torching near cladded walls, gas vent pipes, and heat sensitive material. With torch applied system, fully torch one ply of base sheet flashing, up the wall 8" or over outside face 4 ", and 4" onto the flat surface of the roof 4 ". At curbs, extend the base sheet flashing across the top flat portion. Base sheet flashing must be installed the same day as base sheet. All laps must be staggered. Note: All debris must be swept up and removed prior to torching of cap sheet and stripping. Membrane Cap Sheet Over the membrane base sheet, fully torch the membrane cap sheet with a granular texture surface and apply as per the supplier's specifications and those herein. Lap side joints to the manufacturer's specifications and end joints 6" minimum. Stagger cap end laps 3 feet minimum I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -8 from base end lap below. Stagger cap end laps 3 feet minimum. Stagger joints between plies of membrane so that, at no location, will the distance between joints of the bottom ply and top ply be less than 12 ". Care must be taken not to burn the membrane and its reinforcement. Provide a smooth application, free of air pockets, wrinkles, fishmouths, tears, and bitumen bleed outs in excess of 1 /2 ". For end lap and side lap sealings, cut off the corner piece of the selvage edge at the end lap that will be covered by the next roll. Terminate field cap membrane ply at the bottom of incline slope of cant. Install one ply of cap sheet flashing using a propane torch to vertical surfaces, down the slope of the cant and extending onto the flat surface of the roof membrane a minimum of 6" from the bottom of the wall or curb. Stagger joints of the cap sheet flashing and membrane cap sheet a minimum of 4 ". Lap all joints 3%2" on the cap membrane flashing. Seal top of perimeter flashing ply with SBS mastic. All laps must be staggered from base, cap and stripping plies. Note: Some bleed out is encouraged to ensure a proper watertight seal between lap surfaces. I Granule embedment or the preparation of the membrane edge where the cap sheet will overlap on the mineral surface is required. This operation will guarantee good adhesion at these location. , All bitumen overflow, footmarks and discoloration of the granules are to be repaired to provide a neat, attractive finished surface. Field capped area must be kept clean and free of debris, I equipment, material and excessive traffic. 7.3.5 Guarantee 1 The Contractor shall furnish a written ten year watertight warranty on the supplier's standard form from the date of roofing system completion. I SECTION 7.4 -- FLASHINGS AND SHEET METAL I 7.4.1 General Provide all sheet metal of every description that is required to flash the roofs, clad the building and complete fascia, soffits, flashings, etc. All sheet metal work described under this heading to be considered apart from any work called for in Division 15. The sheet metal work specified herein to be the direct responsibility of this Division. I Provide and install all additional galvanized metal or aluminium flashings as specified on drawings and as required to make a watertight installation, including all drip flashings for exterior cover. Provide joint covers, and fill joints with mastic in an approved fashion. 1 Refer to Division 4 -- Masonry, for provision and installation of all through wall dampproof flashing as indicated on the Drawings. I 1 I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -9 7.4.2 Materials a) Sheet Metal 26 gauge galvanized metal. All flashing that is to be exposed shall be prefinished with a colour coating. Colour to be selected by Owner. OR When specifically specified on the drawings or directed otherwise, Aluminum material that conform to CSA Standard CAN /CGSB -93.2 "Prefinished Aluminum Siding, Soffits and Fascia for Residential Use ". Material to be 20 gauge with baked enamel finish. Colour to be selected by Owner. b) Flashing and Trim Sheet metal flashing shall consist of not less than 0.33 mm (0.013") thick galvanized steel. All wall openings, corner panels, junctions with concrete walls, etc. shall be flashed with prefmished galvanized metal flashing. All windows shall have new aluminium flashing as asp c) Fascia, Soffits, Trim, Etc. Soffit to provide for 50% of length with vented sections. Material shall be prefmished metal or aluminium to match the existing fascia material and colour. d) Eavestrough Prefinished aluminium gutters of minimum 20 gauge material and downspouts of 22 gauge material. To be prefmished with polyester paint finish. e) Louvres Provide coloured louvres c/w insect screen, and exterior heavy wire mesh protective screening as shown. Note, insect screen is not required when louvre is connected to HVAC system but is required over the opening used to ventilate the gable space. f) Accessories Provide all accessories required for complete fabrication and installation of "Roofing and Metal Work" for buildings, including but not limited to, nails, screws, bolts, expansion bolts, toggle bolts, cleats, metal discs, and similar items whether specifically mentioned herein or not, use same metal as materials with which they are used. I I 1 DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -10 g) Colour Schedule Colours will be chosen from standard colours at time of construction. All cladding, flashings, I etc. shall be in 5000 Series paint finish. 7.4.3 Workmanship I a) Sheet Metal Flashings Accurately form all flashings to required dimensions. Make ample provisions for expansion of I the metal both vertically and horizontally. If permitted to use aluminium, coat all aluminum that comes in contact with masonry, mortar or I concrete with a heavy coat of non - emulsified bituminous paint several days before installation. Install all flashings without buckles or irregularities at roof and against masonry walls. Let 1 flashings into mortar joints at least 75 mm and secure and plug solid with roofer's cement. In general, use flat located seams with joints that permit thermal movement while tightly sealed. Mitre and solder all corners and make joints square, plumb, straight, true and watertight. Install all flashing before application of base sheet at corners, when recommended by roofing ! material supplier. Secure with nails with neoprene washers. Use extreme care to prevent pitch from running into conductors and clogging same. In case , roofing runs into sumps and conductors, clean out said conductors and sumps and make all required replacements and without additional cost to Owner. b) Vent Soffit Surfaces to be flashed to be clean and dry. Apply flashings as detailed on the Drawings. , SECTION 7.5 -- CAULKING AND SEALANTS 7.5.1 General I Provide and install all materials required for the caulking of interior and exterior perimeter joints; expansion, contraction, pressure relieving and construction joints; joints in copings, sill members, aluminum windows, pressed metal partitions; pressed metal door frames, etc. Colour to be approved by the Contract Administrator and to match the predominant material to which sealant is applied. 7.5.2 Materials r a) Primers Primers shall be type recommended by sealant manufacturer, for the appropriate sealant and corresponding substrate. I I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -11 b) Joint Fillers 1 Joint fillers shall be compatible with primers and sealants. I Sternson "Talychem Talyflex" chemical and water resistant joint filler to be used in areas where Talychem Surfacing are to be applied (see Division 3). 1 c) Sealants Exterior locations: I Dow Corning Canada Inc. 790 Silicone Building Sealant for bonding to concrete, etc. I Dow Corning Canada Inc. 795 Silicone Building Sealant for bonding to steel, etc. CSL Silicone Inc., CSL 315 Silicone Sealant for exterior paving slabs, interior parking garage I and horizontal traffic joints, etc. Interior locations: I Dow Corning Canada Inc. 999 Silicone Building and Glazing Sealant for interior joint between windows, door frames, etc. I Dow Corning Canada Inc. 786 Mildew Resistant Silicone Sealant for plumbing fixtures, vanity tops, etc. I d) Bond Breaker I Pressure sensitive plastic tape, for use when joint configuration does not allow for proper depth/width ratio with the use of joint filler. Shall not bond to sealants. I 7.5.3 Execution a) Preparation I Remove dust, paint, loose mortar and other foreign matter to obtain clean, sound, and dry joint surfaces. I Remove rust mill scale and coatings from ferrous metals by wire brush, grinding or sandblasting. Remove oil, grease and other coatings from non - ferrous metals with xylol, toluol or methyl - I ethyl- ketone. Prepare concrete, masonry, glazed and citreous surfaces as recommended by sealant I manufacturer. I Examine joint sizes and correct to achieve depth ratio 1/2 of joint width with minimum width and depth of 6 mm (1/4"), maximum width 25 mm (1"). I 1 DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -12 I Install joint filler to achieve correct joint depth. Where necessary to prevent staining, mask adjacent surfaces with tape prior to priming and , sealing. Apply bond breaker tape where required in accordance with manufacturer's directions. , Prime sides of joints in accordance with manufacturer's directions immediately prior to caulking. I Before any caulking or sealing is commenced, a test of the material shall be made for indication of staining or poor adhesion. I b) Application Apply sealants in accordance with manufacturer's directions, using a gun with proper size nozzle. Use sufficient pressure to fill voids and joints solid. Superficial pointing with skin bead is not acceptable. I Form surface of sealant with full bead, smooth, free from ridges, wrinkles, sags, air pockets, embedded impurities. Neatly tool surface to a slight concave joint. I Clean adjacent surfaces immediately and leave work neat and clean. Remove excess and 1 droppings, using recommended cleaners as work progresses. Remove masking tape after tooling of joints. SECTION 7.6 -- FIBER CEMENT SIDING 7.6.1 General I Construction of building veneer with factory - finished fiber cement lapsiding, finished with Colour Plus technology by James Hardie. 7.6.2 References Siding products are to conform with the following specifications: — ASTM C1186 — Standard Specification for Flat Fiber - Cement Sheets I — ASTM D3359 Standard Test Method for Measuring Adhesion by Tape Test, Tool and Tape — ASTM E136 — Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 degrees C I I I I DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -13 7.6.3 Submittals — Submit under provisions of Sections 1.17 and 7.1.2 — Product Data: Manufacturer's data sheets on each product to be used, including: o Preparation instructions and recommendations o Storage and handling requirements and recommendations o Installation methods o Upon completion, copies of warranties — Shop Drawings: Provide detailed drawings of a typical non - standard applications of cementitious siding materials which are outside the scope of the standard details, if required, 1 and specifications provided by the manufacturer — Selection Samples: For each prefinished product specified, two complete sets of colour chips representing the manufacturer's full range of available colours and patterns. — Verification Samples: For each of the chosen prefinished products specified, two samples, minimum size 4 x 6" (100 by 150mm), representing actual product, colour, and patterns. - Colour shall be selected from the samples submitted. 7.6.4 Quality Assurance Mock -Up: Provide a mock -up for evaluation of surface preparation techniques and application workmanship. i) Finish areas designated by Contract Administrator ii) Do not proceed with remaining work until workmanship, installation procedures, colour, and sheen are approved by Contract Administrator and supplier representative iii) Refinish mock -up area as required to produce acceptable work Supplier representative shall review a portion of the installation or the mock -up area, and provide i written documentation that the product is being installed in general accordance with their specifications. 7.6.5 Delivery, Storage, and Handling — Store products in manufacturer's unopened packaging until ready for installation. - Store siding on edge or lay flat on a smooth level surface. Protect edges and corners from chipping. Store sheets under cover and keep dry prior to installation. 7.6.6 Warranty Product Warranty: Limited, non - prorated 50 -year product warranty on Hardie plank siding materials to be supplied to the Owner upon completion of the installation. PVC trim limited warranty of 25 years. I I 1 DIVISION 7 — THERMAL AND MOISTURE PROTECTION SP -7 -14 7.6.7 Products Siding shall be non - asbestos fiber cement smooth lap siding manufactured by James Hardie. 1 Product type "Hardieplant" and finish type shall be as detailed on drawings. PVC trim shall be paintable, free from PVC material with product density of 0.55 grams /cm , with UV inhibitied capability. Acceptable products are: — `Azek trim board' as manufactured by Vycom Corporation — Versatex Trim board as manufactured by Walpace Technologies Inc. Fasteners shall be stainless steel to the size and length specified by the supplier or as noted on the drawings. 7.6.8 Execution , Do not begin installation until substrates have been reviewed for soundness and properly prepared. Repair any deficiencies with wall structure, sheathing, water barrier and other I materials making up the wall structure, as directed. Install 2 x 4 pressure treated strapping as shown on drawings and required to satisfy siding I supplier specifications. Install Hardie plank as per supplier specifications with a 150 mm wide strip of 6 mil I polyethylene behind all but joints between siding and trim. If necessary apply the finish coat of paint, or with factory coated material touch -up the paint surface on the siding, as required. 1 1 t I I I I 1 I 1 I I DIVISION 8 DOORS AND WINDOWS I 1 1 1 I I i I Revised September 2013 I a 1 DIVISION 8 -- DOORS AND WINDOWS SP -8 -1 SECTION 8.1 -- GENERAL ' 8.1.1 Scope of Work The requirements of Division 1 shall apply. - Doors - Windows ' - Rolling grill Provide all labour, materials, and equipment required to complete all the work of each section of this Division. 8.1.2 Shop Drawings The contractor shall supply Shop Drawings in accordance with Section 1.17 and as detailed below. The following table provides a list of items, as specified within Division 8, for which shop drawings will be required. The Contractor shall note that the list provided in the table is not necessarily exhaustive, and the table may be amended by the Contract Administrator as necessary to include all relevant items. Specification Item Description P P Reference 8.2 Interior Doors and Frames 8.3 Rolling Grill 8.4 Windows 8.5 Door Hardware SECTION 8.2 -- INTERIOR DOORS AND FRAMES 8.2.1 General Supply and install doors that are the types and sizes specified on the Drawings. Fabricate doors and frames to specified dimensions with specified finish. ' Frame types, finishing hardware, drilling and tapping for door closers and surface applied hardware to be specified on the drawings or in the respective sections of this Division. I 1 DIVISION 8 -- DOORS AND WINDOWS SP -8 -2 8.2.2 Materials 1 a) Wood Doors ' Conforming to the requirements specified on the drawings and manufactured in general accordance with the quality standard of the Architectural Woodwork Institute AWI / Arhitectural Manufactures Associations of Canada (AWMAC). - Unless specified differently on the drawings Veneer shall be white oak for stain grade and birch for paint grade. - Core shall be particle core to AWMAC Quality Standards. - Vertical edge strips to be 16mm thick to match the face of the Veneer - Fabricate doors to CSA 0132.2 -M and AWMAC requirements b) Glazing Unless specified differently on the drawings: I Floating glass to be 6mm thick unless shown otherwise to CAN2- 12.3 -M Wired glazing, when specified on drawings, shall be 6 mm Georgian polished wire 1 Insulated thermal units to CAN2- 12.8 -M, with thermally separated spacer bar, with outer pain of 6mm thick clear float or tempered glass and inner pane of 6mm clear float or tempered glass when specified on the drawings. 1 Tempered safety glass to CAN2- 12.1 -M, Type 1 Class A of 9mm thickness. Furnish sliding glass doors and shelves for display case with smooth exposed edges SECTION 8.3 — ROLLING GRILL 8.3.1 Description Provide and install, specified rolling grill as per supplier specifications to the size and with the features specified on the drawings. With this item the Contractor shall also provide a copy of the suppliers installation documentations with the shop drawings to the Contract Administrator. SECTION 8.4 — WINDOWS AND WINDOW GLAZING UNITS 8.4.1 General , Provide and install wood, steel or aluminum frame windows and glazing units in sizes and types as shown on the Drawings and/or window schedule and as hereinafter specified. 1 Windows and new glazing units are to match the type, appearance, size and colour of the existing with thermal properties that match or exceed the existing and the films on the surface when 1 specified on the drawings. 1 I DIVISION 8 -- DOORS AND WINDOWS SP -8 -3 1 8.4.2 Materials a) Aluminum Exterior Windows Options - Kawneer insulated aluminum windows to match existing fixed and louvre windows, ' complete with glazing, screens, weatherstripping, etc., - Approved equivalent b) Interior Windows When metal is specified, frames of hollow metal, 16 gauge, cold rolled steel of double rabbetted design with 50 mm face on all sides. ' When wood is specified frames shall be manufactured in general accordance with the quality standard of the Architectural Woodwork Institute (AWI), Architectural Manufacturers Association of Canada (AMAC). c) Glazing The glazing to be installed shall match the appearance of the existing, contain films on the surface when specified and match or exceed the thermal performance of the existing. When unable to determine the quality of the currently installed units the following requirements shall be followed. Exterior windows shall have thermetically sealed insulated glazing units, that are argon filled with twin 6 mm glass and 13 mm airspace. - Wired glazing, when specified on drawings, shall be 6 mm Georgian polished wire - Insulated thermal units to CAN2- 12.8 -M, with thermally separated spacer bar, with outer pain of 6mm thick clear float or tempered glass and inner pane of 6mm clear float or tempered glass unless specified otherwise on the drawings. - Tempered safety glass to CAN2- 12.1 -M, Type 1 Class A of 6mm thickness or 9mm ' - thickness when specified on drawings. Furnish sliding glass doors and shelves for display case with smooth exposed edges. - When specified be supplied with a film to reduce solar heat gain or loss. Interior windows shall be as specified on the drawings and when specified conform to the following: - Floating glass to be 6mm thick unless shown otherwise to CAN2- 12.3 -M Wired glazing, when specified on drawings, shall be 6 mm Georgian polished wire - Tempered safety glass to CAN2- 12.1 -M, Type 1 Class A of 6mm thickness or 9mm thickness when specified on drawings. 1 1 DIVISION 8 -- DOORS AND WINDOWS SP -8 -4 d) Finish Metal with baked enamel finish to match building trim colour, or anodized, as specified. , Wood finish stained or painted as specified on drawings. 8.4.3 Workmanship Windows and glazing units are to be installed, glazed, and adjusted by experienced workmen in I accordance with manufacturer's instructions and approved Shop Drawings. All windows shall be set in their correct location and be level, square, plumb, and at proper ' elevations and alignment with other work. All joints at the exterior surfaces and between window and aluminum sill members shall be , caulked tightly to provide a water -tight job. Aluminum to be placed in contact with concrete, mortar, plaster, or dissimilar metals shall be t given a heavy coat of bituminous paint on contacting surfaces. SECTION 8.5 -- HARDWARE 8.5.1 General 1 The work of this section shall consist of supplying all necessary labour and material for the installation of all finishing hardware for all doors, as shown on the Drawings and /or door schedule and as hereinafter specified. A finishing hardware schedule showing all proposed materials shall be submitted for approval of , the customer before any hardware is ordered. For materials other than those called for in this specification, catalogue cuts shall be submitted for consideration, together with hardware schedule. The Owner shall be contacted with regard to master keying all doors. All double doors to be provided with astragals. , 8.5.2 Materials NOTE -- Names are listed for comparison purposes. Alternates must be equal in appearance, 111 quality, and design to be accepted. Provide hardware in accordance with the door schedules, as indicated on the contract drawings. I I DIVISION 8 -- DOORS AND WINDOWS SP -8 -5 ' Provide hardware that matches the hardware used elsewhere in the building for the same application and similar to the products provide for comparison purposes. ' - Entrance Door Cylindrical Lockset (L) - Corbin CK4200 Heavy Duty Cylindrical Knob Lockset, or approved equal, as required for master keying - stainless steel finish - master keyed to owner's requirements (may affect selection) ' - Cylindrical Privacy Set (PR) - Corbin 864 -420 ' - stainless steel finish Lever Handle Cylindrical Privacy Set (LPR) - Corbin 720 - stainless steel finish - Cylindrical Passage Set (PA) - Corbin 864 -410 - interior doors Mortise Lockset Exit Device (PH) ' - Corbin 3126 - complete with cylinder, panic hardware and door pull - stainless steel finish - Hinges (H) - Wood Doors — number per door to match existing ' - 4 /2x4NRP - Stanley FBB 191 Closers (C) - LCN Closer /Stop/Holder #4114 H -Cush - metal cover and aluminum finish ' - Stop and Holder (SH) - Glynn- Johnson 81 Series - Stainless steel finish - Kick Plates (K) - stainless steel, full width ' - Threshold (T) - Canada Threshold (K. N. Crowder Mfg.Ltd.) - type CT -1 - combination aluminum and vinyl I I DIVISION 8 -- DOORS AND WINDOWS SP -8 -6 I - Weatherstripping (W) I - Canada Threshold (K. N. Crowder Mfg. Ltd.) - type W -2 and W -4 I - Surface Bolts (L.H. Door) (B) - top and bottom I - steel - Dead Bolt (DB) - interior, manual, dead bolt - Pull (PL) I - Ferram metal - 1109 - aluminum I I I I I I I I I I 1 I DIVISION 9 ' PAINTING AND FINISHING 1 1 1 1 1 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -1 ' SECTION 9.1 -- GENERAL 9.1.1 Scope of Work 1 The requirements of Division 1 shall apply. Provide all labour, materials and equipment required to complete all the work of each section of this Division. SECTION 9.2 -- PAINTING 1 9.2.1 General ' Unless otherwise indicated, the following areas and items will require painting: all exposed exterior woodwork and PVC trim all interior drywall all areas where existing paint work has been damaged by the Contractor's activities, or where removals and modifications have exposed unpainted areas. 1 Not included -- all prefinished items, all aluminum materials, electrical panels, starters, disconnects, and transformers. Furnish and install all materials, labour, appliances, scaffolds, equipment and tools necessary for the proper completion of the work. 9.2.2 Materials All materials and their application to comply with the applicable requirements of the CGSB Standard 1- GP -72, "Guide to the Selection of Paint Standards on Use Basis ", latest issue. See the paint specifications on the drawings for this project. Where information is insufficient on the drawings follow the requirements in these specifications. The following product manufacturers shall be acceptable: Benjamin Moore All materials to be first grade, standard manufacture, and used exactly in accordance with the manufacturer's instructions. No dilution, adulteration or mis -use of materials shall be tolerated. Deliver materials ready -mixed to job site in manufacturer's original containers with labels intact. 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -2 9.2.3 Execution 1 a) Inspection Areas to be painted shall be clean and free of dust and shall remain in that condition throughout the painting process. Do not apply paint to areas where dust is being generated. Examine the work of other trades prior to the application of any paint or fmishing materials. If any surface to be fmished cannot be put in proper condition for finishing by customary cleaning, sanding and puttying operations, notify the General Contractor immediately in writing. ' Do not proceed with finishing until surface is acceptable. Application of paint or finish to surface constitutes acceptance of the surface. ' b) Protection 1 The ainter shall not only protect his own work at all times but shall also protect Y P p tall adjacent work and materials by suitable covering or other method during progress of the work. Remove all electrical plates, flanges and fittings before commencement of work; replace in correct position on completion; cover and protect fixed equipment and fixtures. 1 c) Surface Preparation General -- Surface to be painted shall be thoroughly clean as well as floors and adjacent surfaces. 1 Mildew, efflorescence and all foreign material shall be removed from surfaces by appropriate methods. Remove machine, tool, or sandpaper marks, along with dust, grease, soiling or any 111 extraneous matter which may provide a detriment to a satisfactory and acceptable fmish. Plaster -- Cut out scratches, cracks and abrasions, undercut if cracks are large. Fill with approved patching plaster or spackling compound. Bring flush with adjoining surfaces. When dry, sand smooth and seal before applying prime coat. Do not paint plaster containing more than 15% moisture. Touch up suction spot after first coat and before applying second coat. 1 Drywall -- Fill all scratches, nicks and uneven areas with spackling compound and sand flush with the surface. , Concrete -- Remove all nibs from surface. Fill all holes and cracks with approved patching material. Etch dense, smooth and surface hardened concrete before applying paint. 1 Concrete -- clean all surfaces of oil, dust, curing compounds or any other foreign matter; apply to surfaces to be painted using etching solution of 15 - 20% muriatic acid; other surfaces may need a stronger solution to produce a surface with good adherence to paint; rinse all surfaces with clean water and dry thoroughly. I DIVISION 9 -- PAINTING AND FINISHING SP -9 -3 I Metal -- Galvanized metal shall be cleaned with a strong solvent (Duosol, Xylol) before applying recommended primer. Ferrous metal shall be washed with mineral spirits to remove oil, grease and dirt. Remove rust and scale by scraping and wirebrushing. Clean all welds and abrade with 1 power tools. Spot prime all areas at once. Wood -- Touch up knots, pitch streaks and sappy spots with recommended primer. Putty nail I holes, cracks and other defects after first coat with putty colours to match the finish. Bring putty flush with surface. Sand smooth the surface to be painted or varnished. Clean surface from all sanding dust before applying first coat. I d) Application 1 Apply paint in accordance with the manufacturers directions. Use the techniques and application best suited for type of material being applied. I Use same brand for prime, intermediate or finish coats. I Do not apply paint when surface temperatures are below 10°C (50° F). Do not paint exterior immediately following rain, frost or dew, or on surfaces where condensation has or will form due to presence of high humidity or lack of proper ventilation. Avoid painting surfaces while they I are exposed to hot sun. Apply all material under adequate illumination. Thoroughly mix material before application. 1 Spread evenly and flow on smoothly without runs, sags, or other defects. All coats must be thoroughly dry before applying the succeeding coats. I Apply each coat the same consistency as received from the container. Reducing, when required, Pp Y q to be done in strict accordance with the recommendations of the manufacturer. I d work to be uniform as to sheen, colour, , and texture. 1 Back prime interior or exterior trim before installation with primer specified. I After doors are fitted, finish tops, bottom and edges same as face and back. Cover surfaces to be stained with uniform coat and wipe off, if required. 1 Between coats, sand enamel or varnish finish applied to wood or metal with sandpaper and clean to produce an even, smooth finish. I Finish inside of drawers with one coat of sanding sealer and one coat of varnish. 1 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -4 Number of coats specified herein does not provide relief from installing additional coats at no expense to the Owner over any work deemed unacceptable for finished surfaces to various materials to be painted. Upon completion of the work all spots, stains, and other disfigurements resulting from the work 1 shall be removed and the premises left clean and free from all dirt and debris. Remove from the premises all rubbish and accumulated material of whatever nature not caused by others and leave the work in clean, orderly and acceptable condition. Supply to the Owner a minimum of one quart of each colour used. This material shall be provided in clean containers clearly labelled as to colour and contents. e) Exterior Painting i) For miscellaneous metal and metal doors, when not specified otherwise in p m the miscellaneous metals section or the drawings, exterior metal, i.e. door frames, metal doors, bumper posts, hatch frames, etc. and similar items supplied with shop primer to receive one (1) undercoat and two (2) finish coats of paint; all to a dry film thickness of 1.5 mils /coat. ii) PVC trim and wood One coat acrylic latex primer Two coats "Aura" waterborne exterior paint f) Interior Painting 1 When not specified on the drawings follow the paint formulas provided below. i) For woodwork apply 1 one coat interior enamel undercoat, CAN /CGSB -1.38 - two coats alkyd, interior, semi -gloss enamel, CAN /CGSB -1.57 1 ii) For gypsum board, plaster, existing painted wall surfaces apply one coat latex, interior, primer- sealer, CAN /CGSB -1.119 two coats alkyd, interior, low -gloss enamel, CAN /CGSB -1.202 type 2. iii) For concrete block walls apply one coat emulsion type filler, masonry block, CAN /CGSB -1.188 - one coat latex, interior, primer- sealer, CAN /CGSB -1.119 two coats alkyd, interior, semi -gloss enamel, CAN /CGSB -1.57 iv) For poured concrete apply one coat latex, interior, primer- sealer, CAN /CGSB -1.119 two coats alkyd, interior, low -gloss enamel, CAN /CGSB -1.202 type 2 1 v) For concrete floors apply one coat interior enamel, CAN /CGSB -1.66. 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -5 ' Metal supports, fasteners, brackets, hoisting beams, stairs, gratings, metal doors, door frames and all items of miscellaneous iron not prefmished, galvanized, or aluminum supplied with one shop coat of primer to receive two (2) coats of semi -gloss enamel; all to a dry film thickness of 1.5 1 mils /coat. g) Ductwork, Piping and Mechanical Equipment 1 When to remain exposed and specified, galvanized sheet metal ductwork to receive one (1) coat of galvanized primer and two (2) coats of semi -gloss enamel in colour to match adjacent 1 surfaces; all to a dry film thickness of 1.5 mils /coat. Preselected equipment, where specified, to be supplied factory finished; where any damage occurs to this finish caused by the Contractor during unloading, handling or installation, it will be the painting contractor's responsibility to refinish the damage with two coats similar to the fmish coat applied by the manufacturer. 1 Miscellaneous equipment to be supplied with one coat of primer and two fmish coats of enamel; should any damage be caused to the equipment during unloading, handling or installation, repair ' same and then apply one complete finish coat of enamel; all to a dry film thickness of 1.5 mils /coat. Refer to Finish Schedule for surface preparation and painting of equipment, piping, fittings, valves. 1 No restriction is made to the use of manufacturer but substitution may be made with comparable products and systems from any manufacturer listed under Section 9.2.2 of this section. The Contractor shall submit complete information regarding paint materials and painting systems for approval. ' FINISH SCHEDULE System 1- Ferrous Metals, Submerged Surface Preparation - SP10 Shop Coat - Interplate NFA 775/776 or NFA 081 @ 0.8 -1.0 mil Field Surf Prep. - Spot blast welds to SP 10. Power Wire brush other areas to SP3 STD. 1 Finish Coats - 2 coats Intergard EX Series, each at 5.6 mils DFT. ' System 1A - Alternate - Ferrous Metals, Submerged Surface Preparation - SP 10 Shop Coat - Interplate NFA 775/776 or NFA 081 @ 0.8 -1.0 mil 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -6 Field Surf. Prep. - Spot blast welds to SP 10. Power wire brush any other damaged areas to SP3 1 STD. Finish Coats - 2 coats Intertuf JXA106 /110, each at 7.0 -8.0 mils DFT. System 2 - Exterior, Non - Submerged 1 Surface Preparation - SP6 Shop Coat - Interplate NFA 775/776 or NFA 081 @ 0.8 -1.0 mil Field Surf. Prep. - SP3 1 Finish Coats - 1 coat Interprime CPA 039 at 1.5 mils DFT. 2 coats Interlac CN Series, each at 1.5 mils DFT. System 3 - Interior, Non - Submerged Surface Preparation - SP6 Shop Coat - Interplate NFA 775/776 or NFA 081 @ 0.8 -1.0 mil 1 Field Surf. Prep. - SP3 1 Finish Coat - 1 coat Interprime CPA 130 Yellow at 2.0 mils DFT. 2 coats Interlac CE Series, each at 1.5 mils DFT. 1 9.2.4 Colour Schedule The Contract Administrator at the time of construction will supply to the Contractor a colour schedule to cover all materials, equipment, piping, valves, fittings, etc. not prefmished and same shall not be interpreted to mean that the schedule will be made up of standard stock colours. The Contractor shall make allowance in his tender for mixing or tinting colours to match the colours of the schedule. Standard stock colours of manufacture other than specified that match colours of the schedule may be used only with the written approval of the Contract Administrator. 1 1 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -7 SECTION 9.3 -- FLOORING 9.3.1 General Reference should be made to the Room Finish Schedule on the Drawings. 9.3.2 Resilient Rubber Tile Flooring 1 Material — Resilient Rubber Tile flooring shall be AB Pure rubber flooring as manufactured by American Bilrite. Floor colouring shall be established by the Contract Administrator at the time of construction from samples supplied by the Contractor. Inspection and Preparation -- Ensure concrete floors are dry by using test methods recommended by flooring manufacturer, and exhibit negative alkalinity, carbonization or dusting. Remove existing flooring sub -floor ridges and bumps. Fill low spots, cracks, joints, holes and other defects with sub -floor filler. Clean floor and apply filler; trowel and float to leave smooth, flat, hard surface. Prohibit traffic until filler cured. 1 Prepare sub - flooring to resilient flooring manufacturer's recommendations. Application -- Dry lay tiles and make cuts as required to confirm positioning and fit before 1 applying adhesive and installing tiles. 1 Apply adhesive uniformly using recommended trowel. Do not spread more adhesive than can be covered by flooring before initial set takes place. ' Lay flooring with seams parallel to building lines to produce a minimum number of seams. Border widths minimum 1/3 width of full material. Run sheets parallel to length of room. Double cut sheet joints and continuously seal. As installation progresses, roll flooring with 45 kg 3 section roller to ensure full adhesion as per supplier specifications. Continue flooring over areas which will be under built -in furniture. ' Continue flooring through areas to receive movable type partitions without interrupting floor pattern. 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -8 Terminate flooring at centre line of door in openings where adjacent floor finish or colour is dissimilar. Install metal edge strips at unprotected or exposed edges where flooring terminates. 1 Seal all exposed edges at pipes, fittings, door jambs, etc. to prevent any moisture penetrating to subfloor. 1 Remove excess adhesive from floor, base and wall surfaces without damage. Prohibit traffic on floor for 72 hrs after installation. Clean floor and baseboard surface to flooring manufacturer's instructions. 1 9.3.3 Carpeting 1 Material -- Carpeting brand and specific product type shall be as specified on the drawings and supplied and installed as per the supplier specifications. Acceptable products Galapagos Mudular Carpet tiles by Venture Carpets. Adhesive used shall be as recommended by the carpet manufacturer. 1 Inspection and Preparation -- Surfaces to receive carpet finish shall be thoroughly dry, clean and cured to a hard, non - powdery finish. ' All ridges and high spots shall be ground smooth and cracks filled and depressions levelled. Thoroughly vacuum and damp mop area to receive carpet. Carpet must be installed by tradesmen approved by the manufacturer and method of installation , shall be approved by the manufacturer. A representative of the manufacturer must be at the site on the first day of installation and ' approve the method of carpet installation. Upon completion, the carpet installation shall be approved by the manufacturer in writing and copy of said approval to be provided to the Owner. Installation — Remove backing paper and apply g p p pp y carpet tiles as specified by the manufacturer. Place tiles flush and ensure that all wrinkles in surface are eliminated. 1 With carpet tiles ensure that seams are tightly fitted and tiles are laid parallel to primary walls. Carpet tiles shall be thoroughly bonded and placed as per the supplier specifications. 1 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -9 In all doorways where carpet is jointed, the seam shall be located under the door in its closed position. The finished carpeted areas shall present a smooth wearing surface free from burring or other faults, or embedded foreign material. 1 Vacuum carpets clean. Protect traffic areas of carpeted floors with polyethylene drop sheets. Tape joints to prevent shifting. 1 9.3.4 Granite Tile Material -- Tile shall be as specified on drawings. Note: the Contractor may assume for 1 tendering purposes the Municipality has a sufficient amount of tile to complete work. If not, the Municipality will purchase additional tiles as required. 1 Mortar shall be a latex modified premixed thin set mortar product. ' Grout shall be suitable for providing ease of maintenance and tinted to the selected colour. Colour samples shall be submitted for review and selected by the Contract Administrator. ' Inspection and Preparation -- Remove existing flooring, grout, and clean the surface to remove all loose material. Application -- Installation to be completed in general accordance with latest version of Tile Installation manual, published by Terrazo Tile and Marble Association of Canada. 1 Final installation to be flush with existing and adjacent tiles. Grout width and profile to match existing. 9.3.5 Base 1 Material -- Base shall be 100 mm high rubber by Johnsonite. Colour shall be established by the Contract Administrator at the time of construction. 1 Application -- Set base in adhesive tightly against wall and floor surfaces. Use lengths as long as practicable and not less than 500 mm long. 1 Install straight and level to variation of 1:1000. ' Scribe and fit to door frames and other obstructions. Use premoulded end pieces at flush door frames. Miter internal corners. Use premoulded sections for external corners. 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -10 Use toeless type base where floor finish will be carpet, coved type elsewhere. Install toeless type base before installation of carpet on floors. 1 SECTION 9.4 — ACOUSTIC LAY -IN CEILING 9.4.1 General 1 Reference should be made to the Room Finish Schedule on the Drawings. When required to match the existing products and unable to determine the quality or type of the existing, follow the specifications provided here in. The work shall generally consist of supplying all materials, equipment and labour for 1 construction of: - T -Bar suspension system 1 - Lay -in acoustic panels 9.4.2 Materials 1 a) Suspension System Suspended ceiling system to be Donn DX double -web steel exposed T -Bar system as manufactured by CGC Interiors, or approved equal. Main Tee to be 38 mm DX24 intermediate class, with double web design and rectangular bulb 24 mm (15/16 ") exposed flange with rolled cap, cross tee slots at 150 nun o.c., integral reversible splice, low sheen satin white exposed finish. 1 Cross Tee to be 38 mm DX intermediate class, with double web design and rectangular bulb, web extended to form positive interlock with main tee web, lower flange extended and offset to provide flush intersection, low sheen stain white exposed fmish. Wall Moulding to be channel or angle shape with a 24 mm (15/16 ") exposed face, material and 1 fmish to match main and cross tees. Hold Down Clips to be spring steel formed to shape of tee rectangular bulb. Hanger Wire to be galvanized soft annealed steel wire, pre - stretched, minimum 3.6 mm dia. (12 gauge). b) Acoustic Panels 1 Acoustic units for suspended non -fire rated lay -in panel ceiling system shall conform to CAN /CGSB -92.1 "Sound Absorptive Prefabricated Acoustical Units ". 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -11 1 Lay -in panels shall be 16 mm x 610 mm x 120 mm nominal size. They shall be Armstrong Fire Guard, Item No. 895, or equal. Texture and colours as required to match existing. 9.4.3 Execution a) Suspension System 1 Finished work shall be plumb, level and square with adjoining work. 1 Layout work symmetrical within each area to obtain uniform borders at least half the acoustical board (or tile) size. Electrical fixtures, ventilation, grills or diffusers and other ceiling mounted objects shall replace or be centred on acoustical board or tile. Erect the acoustical ceiling suspension systems in accordance with the system manufacturer's printed directions. 1 Frame around recessed fixtures, diffusers and openings, and where normally required in good standard practice. 1 Place hangers for suspended acoustical ceilings to support the grillage from building structural g p g system independent of walls, columns, pipes and ducts at maximum spacing of 1200 mm along the supporting grillage and not more than 150 mm from ends. Completed assembly to support all superimposed leads, such as lighting fixtures, with additional suspension hangers around perimeter of fixture (max. 600 mm spacing). Attach hangers to metal deck by looping wire through cores. 1 Erect the suspension system level with maximum tolerance of 3 mm over 4 m. Exposed main tees shall be as long lengths as practical to minimize joints, and joints shall be made square, tight, flush, and reinforced with splines. Distribute joints to prevent clustering in one area. Interlock cross members to main runner to provide rigid assembly. Use edge moulding where ceiling abuts vertical surfaces; use corner moulding along external edges at ceiling steps. b) Acoustic Panels 1 Co- ordinate work with the mechanical and electrical contractors so that fixtures will be located to present proper spacing in the tile and a neat appearance. ' Distribute variations in shades of finish from several cartons of board (or tile) uniformly over the ceiling area. 1 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -12 Use hold -down clips to prevent lifting of panels throughout. Install acoustical materials under temperature and humidity conditions closely approximating those which will exist when the building is occupied. 1 Do not install when the building is damp, cold, dry or hot. Install only after doors and windows are installed. 1 SECTION 9.5 -- METAL STUDS AND GYPSUM BOARD 1 9.5.1 General Refer to room finish schedule. 9.5.2 Materials 1 a) Metal Studs Steel studs and furring channels shall be Canadian Gypsum Company or Domtar Gypsum, complete with floor and ceiling runners and splices as required. Sizes as shown on the Drawings. Structural studs shall conform to CSA Standard CAN/CSA-S136 "Cold Formed Steel Structural Members ". b) Gypsum Board 13 mm gypsum board shall be Canadian Gypsum Company "Sheetrock" or Domtar Gypsum "Gyproc Regular ", conforming to CSA Standard CAN /CSA- A82.27 -M "Gypsum Board ". 1 16 mm gypsum board shall be Canadian Gypsum Company "Sheetrock Firecode" or Domtar Gypsum "Gyproc Fireguard Type X ", conforming to CSA Standard CAN /CSA- A82.27 "Gypsum Board" with ULC 1 hour fire rating. Tape, filler, fasteners and accessories shall be as per manufacturer's recommendations. 1 9.5.3 Execution 1 a) Metal Studs Provide metal studs as noted or shown on the Drawings. Align partition tracks at floor and ceiling and secure at 600 mm oc maximum. Place studs vertically at 400 mm oc and not more than y tan 50 mm from abutting walls, and at each side of openings and corners. Position studs in tracks at floor and ceiling. Cross brace steel studs as required to provide rigid installation to manufacturer's instructions. 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -13 1 Erect metal studding to tolerance of 1:1000. Attach studs to bottom track using screws. Co- ordinate simultaneous erection of studs with installation of service lines. When erecting studs ensure web openings are aligned. Co- ordinate erection of studs with installation of door /window frames and special supports or anchorage for work specified in other Sections. Provide two studs extending from floor to ceiling at each side of openings wider than stud g g centres specified. Secure studs together, 50 mm apart using column clips or other approved 1 means of fastening placed alongside frame anchor clips. Erect track at head of door /window openings and sills of sidelight/window openings to accommodate intermediate studs. Secure track to studs at each end, in accordance with manufacturer's instructions. Install intermediate studs above and below openings in same manner and spacing as wall studs. Provide 40 mm stud or furring channel secured between studs for attachment of fixtures behind ' lavatory basins, toilet and bathroom accessories, and other fixtures including grab bars and towel rails, attached to steel stud partitions. Provide wood blocking as required. Install steel studs or furring channel between studs for attaching electrical and other boxes. Extend partitions to ceiling height except where noted otherwise on the Drawings. Maintain clearance under beams and structural slabs to avoid transmission of structural loads to studs. Use 50 mm leg ceiling tracks. Install continuous insulating strips to isolate studs from uninsulated surfaces. Provide two continuous concealed beads of acoustical sealant at juncture of both faces of runners of plates with floor and ceiling construction, and wherever work abuts dissimilar materials. b) Gypsum Board Apply in accordance with CSA Standard CAN /CSA- A82.31 "Gypsum Board Application" and 1 manufacturer's recommendations except where specified otherwise. Provide the following material to areas to receive drywall unless otherwise specified. ' - Interior partitions within suites - 5/8" plain. Non fire rated suspended ceilings - 5/8" plain. 1 - Fire rated walls - 5/8" fire rated. 1 DIVISION 9 -- PAINTING AND FINISHING SP -9 -14 Fire rated ceilings - 2 layers 1/2" fire rated. - All washroom or bathroom walls - 1/2" water resistant drywall. Walls covered in tile - 1/2" interior cement board. Exterior stucco walls - 1/2" exterior cement board. Do not apply gypsum board until bucks, anchors, blocking, electrical and mechanical work are approved. ' Apply single layer gypsum board to wood or metal furring or framing using screw fasteners. Maximum spacing of screws 300 mm oc. ' Apply single layer gypsum board to concrete and or concrete block surfaces, where indicated, using laminating adhesive. 1 Apply Fire Rate gypsum board where indicated, to obtain specified fire separations. Apply water resistant gypsum board to wall and ceilings of all was pP Y gYP g broom/ bathroom areas not to be tiled. 1 Apply 12 mm diameter bead of acoustic sealant continuously around periphery of each face of partitioning to seal gypsum board/structure junction where partitions abut fixed building components. Seal full perimeter of cut -outs around electrical boxes, ducts in partitions. Finish face panel joints and internal angles with joint system consisting of joint compound, joint tape and taping compound installed according to manufacturer's directions and feathered out onto panel faces. Finish comer beads, control joints and trim as required with two coats of joint compound and one coat of taping compound, feathered out onto panel faces. Fill screw head depressions with joint and taping compounds to bring flush with adjacent surface of gypsum board so as to be invisible after painting is completed. Sand lightly to remove burred edges and other imperfections. Avoid sanding adjacent surface of board. Completed installation to be smooth, level or plumb, , p p ,free from waves and other defects and ready for painting. 1 1 1 1 SGC -1 SUPPLEMENTAL GENERAL CONDITIONS 1 The following items shall supplement the OPS General Conditions of Contract, latest edition. I 1.0 Section GC 1.04.01, Definitions, shall be amended with the inclusion of the following definitions: ' Provisional means that the use of this item is conditional on the circumstances determined by the Contract Administrator at the time of construction and that authorization to proceed must be granted to the Contractor prior to proceeding with the work. 1 2.0 Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) shall be revised as follows: 1 a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. 3.0 Section GC 2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: a) Agreement I b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings ' h) Tender i) Supplemental General Conditions j) General Conditions 1 k) Working Drawings 1 4.0 Section GC 3.05.01. Layout, shall be revised as follows: The Contract Administrator shall, on behalf of the Owner, provide baseline and benchmark 1 information for the location, alignment, and elevation of the work including: • Offset stakes for road centreline alignment 1 • Offset stakes for storm sewer structures and sanitary sewer structures • Final curb grade and alignment ' • Alignment for bridge foundations One week advance notice is required by the Contract Administrator to schedule the 1 construction layout. Z: \wp \Contracts\Forms\Supp Gen Conditions- revised 14Mar27.docx SGC -2 5.0 Section GC 8.02.02, Advance Payments for Materials, the first sentence of paragraph GC 8.02.02.01 shall be revised as follows: • .01 The Owner may make advance payment for material intended for incorporation in the 1 work upon written request of the Contractor and according to the following terms and conditions: 1 6.0 Section GC 8.02.08.02, Taxes, shall be revised as follows: "Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not later than 120 days after completion." ' 7.0 Section GC 8.02.08.03, Taxes, shall be revised as follows: "Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the 1 Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 120 days after completion." r 1 1 1 1 1 l 1 1 Z: \wp \Contracts\Forms \Supp Gen Conditions - revised 14Mar27.docx 1 1 ONTARIO PROVINCIAL STANDARDS 1 FOR ROADS AND PUBLIC WORKS 1 1 4 �p Si'q,k� O � \ G S fi L -p0 GENERAL CONDITIONS OF CONTRACT 1 NOVEMBER 2006 1 1 � 0 3 ' srg HO q � c Ontario Pro Standards METRIC for OPSS.MUNI 100 1 t y ,� Roads and Public Works November 2006 ° 'pae papa 1 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents 1 SECTION GC 1.0 - INTERPRETATION I GC 1.01 Captions 6 GC 1.02 Abbreviations 6 I GC 1.03 Gender and Singular References 6 GC 1.04 Definitions 6 1 GC 1.05 Substantial Performance 11 GC 1.06 Completion 11 1 GC 1.07 Final Acceptance 11 GC 1.08 Interpretation of Certain Words 11 I SECTION GC 2.0 - CONTRACT DOCUMENTS 1 GC 2.01 Reliance on Contract Documents 12 GC 2.02 Order of Precedence 12 I SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT 1 GC 3.01 Contract Administrator's Authority 14 GC 3.02 Working Drawings 15 1 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 GC 3.04 Emergency Situations 16 1 GC 3.05 Layout 16 GC 3.06 Extension of Contract Time 16 1 GC 3.07 Delays 17 I GC 3.08 Assignment of Contract 17 GC 3.09 Subcontracting by the Contractor 1 1 I Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 3.10 Changes 18 GC 3.10.01 Changes in the Work 18 1 GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 19 1 GC 3.11 Notices 19 I GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 GC 3.13 Claims, Negotiations, Mediation 20 GC 3.13.01 Continuance of the Work 20 GC 3.13.02 Record Keeping 20 1 GC 3.13.03 Claims Procedure 20 GC 3.13.04 Negotiations 21 1 GC 3.13.05 Mediation 21 GC 3.13.06 Payment 21 1 GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 1 GC 3.14.01 Conditions for Arbitration 21 I GC 3.14.02 Arbitration Procedure 22 GC 3.14.03 Appointment of Arbitrator 22 1 GC 3.14.04 Costs 22 GC 3.14.05 The Decision 23 1 GC 3.15 Archaeological Finds 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS 1 GC 4.01 Working Area 24 1 GC 4.02 Approvals and Permits 24 GC 4.03 Management and Disposition of Materials 24 1 GC 4.04 Construction Affecting Railway Property 25 GC 4.05 Default by the Contractor 25 1 GC 4.06 Contractor's Right to Correct a Default 25 1 Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 4.07 Owner's Right to Correct a Default 26 1 GC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 1 GC 4.10 Termination of the Contract 26 GC 4.11 Continuation of Contractor's Obligations 27 I GC 4.12 Use of Performance Bond 27 GC 4.13 Payment Adjustment 27 SECTION GC 5.0 - MATERIAL 1 GC 5.01 Supply of Material 28 GC 5.02 Quality of Material 28 I GC 5.03 Rejected Material 28 1 GC 5.04 Substitutions 29 GC 5.05 Owner Supplied Material 29 1 GC 5.05.01 Ordering of Excess Material 29 GC 5.05.02 Care of Material 29 I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE I 1 GC 6.01 Protection of Work, Persons, and Property 31 GC 6.02 Indemnification 31 1 GC 6.03 Contractor's Insurance 32 GC 6.03.01 General 32 1 GC 6.03.02 General Liability Insurance 32 GC 6.03.03 Automobile Liability Insurance 33 II I 1 GC 6.03.04 Aircraft and Watercraft Liability Insurance 33 GC 6.03.04.01 Aircraft Liability Insurance 33 GC 6.03.04.02 Watercraft Liability Insurance 33 I GC 6.03.05 Property and Boiler Insurance 33 GC 6.03.05.01 Property Insurance 33 I GC 6.03.05.02 Boiler Insurance 34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 GC 6.03.05.04 Payment for Loss or Damage 34 1 1 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.06 Contractor's Equipment Insurance 35 GC 6.03.07 Insurance Requirements and Duration 35 1 GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 1 GC 7.01 General 37 GC 7.02 Layout 39 1 GC 7.03 Working Area 39 GC 7.04 Damage by Vehicles or Other Equipment 40 1 GC 7.05 Excess Loading of Motor Vehicles 40 GC 7.06 Condition of the Working Area 40 1 GC 7.07 Maintaining Roadways and Detours 40 1 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 GC 7.09 Approvals and Permits 41 1 GC 7.10 Suspension of Work 42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 1 GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 1 GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 1 GC 7.16 Warranty 43 1 GC 7.17 Contractor's Workers 44 GC 7.18 Drainage 44 1 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 1 GC 8.01.02 Variations in Tender Quantities 45 1 Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 8.02 Payment 46 1 GC 8.02.01 Price for Work 46 GC 8.02.02 Advance Payments for Material 46 1 GC 8.02.03 Certification and Payment 47 GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 I GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory I Holdback Release Payment Certificates 48 GC 8.02.03.06 Certification of Completion 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 I GC 8.02.03.08 Interest 50 GC 8.02.03.09 Interest for Late Payment 50 GC 8.02.03.10 Interest for Negotiations and Claims 51 GC 8.02.03.11 Owner's Set-Off 51 1 GC 8.02.03.12 Delay in Payment 51 GC 8.02.04 Payment on a Time and Material Basis 51 GC 8.02.04.01 Definitions 51 GC 8.02.04.02 Daily Work Records 52 GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 I GC 8.02.04.05 Payment for Material 53 GC 8.02.04.06 Payment for Equipment 53 GC 8.02.04.06.01 Working Time 53 I GC 8.02.04.06.02 Standby Time 53 GC 8.02.04.07 Payment for Hand Tools 54 GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 I GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 GC 8.02.04.11 Payment inclusions 55 GC 8.02.05 Final Acceptance Certificate 55 I GC 8.02.06 Payment of Workers 55 I GC 8.02.07 Records 55 GC 8.02.08 Taxes 56 GC 8.02.09 Liquidated Damages 56 1 1 1 1 Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations 1 .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: 1 "AASHTO" - American Association of State Highway Transportation Officials "AC I" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "C ESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment 1 "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard 111 "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. 1 GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: 1 Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. 1 Page 6 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 Additional Work means work not provided for in the Contract and not considered by the Contract ' Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. Base means a layer of material of specified type and thickness placed immediately below the pavement wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in ' accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part 1 thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. ' Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the 1 Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross - sections. Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. 1 1 Page 7 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." 1 Cut-Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing 1 the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as "Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water 1 conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. 1 Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. 1 Page 8 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, ' a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material means material, machinery, equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the 1 Agreement, and includes, with the same meaning and import, "Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. 1 Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. 1 Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. 1 Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. ' Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements specific to the Work. ' Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. 1 Page 9 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and 1 adjacent structures, and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in responsible charge of the Work. 1 Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.I.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, 1 a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. ii. non - delivery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. 1 Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the I execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance I .01 The Work is substantially performed, I a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a 1 known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, 1 ii. 2% of the next $500,000 of the Contract price, and iii. 1% of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is I being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract I price in determining Substantial Performance. GC 1.06 Completion I .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, 1 a) 1% of the Contract price; or b) $1,000. I GC 1.07 Final Acceptance I .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. I GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," I "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. 1 1 1 I Page 11 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 1 .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: 1 a) The location of all mainline underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: 1 a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and 1 b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: 1 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings 1 e) Standard Specifications f) Standard Drawings g) Instructions to Tenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 1 Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govem where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 c) Detailed Drawings shall govem over general Drawings; and 1 d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following 1 descending order of precedence shall govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1 1 1 1 1 1 1 1 1 1 1 Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 1 .01 The Contract Administrator shall be the. Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. 1 .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the 1 Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, or re- execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, or re- executions shall 1 be made good, promptly, at no additional cost to the Owner. 1 Page 14 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: 1 a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non - compliance in the case of such non - compliance with the provisions of the Contract by the Contractor. 1 The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any ' deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. 1 1 Page 15 Rev. Date: 11/2006 OPSS.MUNI 100 1 .05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been 1 signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time 1 .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: 1 a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. c) Extra Work, clause GC 3.10.02. Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 d) Additional Work, clause GC 3.10.03. 1 .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or a en ed b 99 by them directly or indirectly, contrary to the provisions of the Contract Documents; 1 c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; 1 d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's 1 application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock -outs, including lock -outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be Tess than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written 1 consent of the Owner. 1 Page 17 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any 1 limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. I I .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a 1 Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. 1 1 Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 3.10.02 Extra Work 1 .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with 1 the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work 1 .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause I GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 1 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance ' .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract 1 Page 19 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation 1 GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. 1 GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 1 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. 1 In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. 1 Page 20 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the I Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.13.04 Negotiations II .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. 1 .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed I that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14, Arbitration. I GC 3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, I Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. I .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall I meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non - binding recommendation for settlement. I .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. 1 The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment 1 .01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. 1 GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by 1 either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. I GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration I .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. 1 1 Page 21 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days following the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. .03 The parties shall be bound by the decision of the arbitrator. 1 .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. 1 GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. 1 .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. 1 GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. 1 Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 i .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision 1 .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. 1 1 1 1 1 1 1 1 Page 23 Rev. Date: 11/2006 OPSS.MUNI 100 1 t SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 1 .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits. 1 .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, 1 as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and 1 d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or 1 hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and 1 disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable 1 precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator 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, notify the Contractor 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. .02 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, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the I notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. 1 1 Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, 1 Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, 1 a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work 1 withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; 1 f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is Tess than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. 1 Page 26 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. 1 GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. 1 1 l 1 1 1 1 1 1 t Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material 1 .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. 1 .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of 1 such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material 1 .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. 1 1 Page 28 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be 1 entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material 1 GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. 1 GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. 1 .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 Page 29 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies ;of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 1 1 1 1 1 1 1 1 Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 1 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the I performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. 1 .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's 1 permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims ", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made 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 or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. Page 31 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in , paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. 1 Page 32 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. 1 .06 The policies shall be endorsed to provide the Owner with not Tess than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not Tess than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance 1 of any cancellation, change, or amendment restricting coverage: a) standard non -owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance 1 GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non -owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including Toss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 1 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non -owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including Toss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance 1 GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not Tess than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. 1 Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.05.02 Boiler Insurance .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not Tess than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the uneamed premiums applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor 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 Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at 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, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. 1 1 1 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 6.03.06 Contractor's Equipment Insurance I .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims I by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not Tess than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self - insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for I the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. I GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of I commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. I .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. I .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or 1 the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the I Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. 1 .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the 1 date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding 1 .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. 1 .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. 1 1 1 Page 35 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. 1 b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. 1 1 1 1 1 1 1 1 1 Page 36 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the 1 Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of 1 construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods 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 that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act ") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations ") that may affect the performance of the Work, as the 1 "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing, and performing the Work; 1 b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; i c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of 1 the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and Page 37 Rev. Date: 11/2006 OPSS.MUNI 100 1 I f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre -start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. 1 .11 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, , and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. 1 .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the 1 activity affected until receiving direction from the Contract Administrator. .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. 1 Page 38 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced I under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be 1 necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. 1.08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for 1 Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. 1 Page 39 Rev. Date: 11/2006 OPSS.MUNI 100 1 .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specked in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours 1 .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short 1 periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de -icing chemicals or abrasives or carry out snowplowing. 1 .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. 1 Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no ' additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the ' Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to I the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's ' responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. ' GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, 1 a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. 1 GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits 1 specified in paragraph GC 7.09.01. 1 Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any 1 or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 1 .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the 1 Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the 1 Contract. GC 7.12 Notices by the Contractor .01 Before work is carried out that may affect the property or operations of any Ministry or agency of 1 govemment or any person; company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. 1 1 Page 42 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working ' Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man -made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. 1 GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have 1 removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. ' .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, 1 Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the ContractAdministrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage ' .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. 1 1 1 1 1 1 1 Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 , 1 1 SECTION GC 8.0 - MEASUREMENT AND PAYMENT 111 GC 8.01 Measurement GC 8.01.01 Quantities 1 .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor ' commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut -Off Date. ' .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: 1 a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15 %, either party to the Contract may ' make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be 1 paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. 1 1 Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02 Payment GC 8.02.01 Price for Work 1 .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of 1 payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon 1 the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following 1 procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, BIII, M, and 0 shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract 1 Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. Page 46 Rev. Date: 11/2006 OPSS.MUNI 100 , 1 1 GC 8.02.03 Certification and Payment 111 GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the ' Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. ' .02 The progress Payment Certificate shall show, a) the quantities of Work performed; 1 b) the value of Work performed; c) any advanced payment for Material; 1 d) the amount of statutory holdback, liens, Owner's set -off; e) the amount of GST, as applicable; and 1 f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. 1 .04 Payment shall be made within 30 Days of the Cut -Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the 1 Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by 1 the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concemed. 1 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; 1 Page 47 Rev. Date: 11/2006 OPSS.MUNI g 100 1 1 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the 1 Contract Administrator specifically requests it. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the 1 Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. 111 .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 Day lien period 1 prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. 1 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre - selected equipment; 1 Page 48 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 d) the amount of maintenance security required; and 1 e) the amount due the Contractor. .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the 1 payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment 1 certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: 1 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have ' been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and 1 d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. ' .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. 1 .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; 1 b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and 1 c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all 1 documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut -Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the 1 certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the 1 Contract reached Completion; and g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. 1 1 1 1 Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the ' Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. ' .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in 1 paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off 1 .01 Pursuant to Section 12 of the Constniction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, 1 claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis ' GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: ' Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, 1 administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. 1 Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. 1 Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. 1 Page 51 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, 1 and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the 1 Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un- reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. 1 1 Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 8.02.04.03 Payment for Work • .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the ' commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. ' GC 8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of 1 $3,000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: 1 a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the ' portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. ' .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price ' approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time 1 .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. 1 .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such retum. 1 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools 1 .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be 1 performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus 1 b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. 1 .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. 1 1 Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. ' .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. ' GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and ' Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate ' .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. ' GC 8.02 Payment of Workers ' .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not Tess than twice a month. ' .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set -Off. ' GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support ' the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work, and ' Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. Page 55 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for 1 this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved. 1 .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not Tess than 30 Days after the date of Final Acceptance. 1 .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 1 1 1 1 1 1 1 1 Page 56 Rev. Date: 11/2006 OPSS.MUNI 100 AGREEMENT CONTRACT NO. 14043 THIS AGREEMENT MADE IN TRIPLICATE THIS 15 DAY OF August , 2014. BETWEEN: MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner ") 1475 Concession 5, RR #5 OF THE FIRST PART ' Kincardine, ON N2Z 2X6 - and - I ALLEN- HASTINGS LIMITED (hereinafter called "the Contractor ") 28 Birch Road, RR #1 OF THE SECOND PART Miller Lake, ON NOH 2Z0 WITNESSETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 1 a) A description of the work is: Municipality of Kincardine, Renovations to Municipal Administration Centre, Contract No. 14043. ' b) The Contractor shall, except as otherwise specifically provided, at his own expense, provide all and every kind of labour, machinery, plant, structures, roads, ways, materials, appliances, articles and things necessary for the due execution and completion of all the work set out in this contract and shall forthwith according to the instructions of the Engineer commence the works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, and Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govern in the following order; namely, 1 1 A -2 a) Agreement b) Addenda 1 c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Form of Tender i) Supplemental General Conditions j) General Conditions 1 k) Working Drawings ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of this contract. 1 ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects g p s complied with the provisions of this contract, will be paid for and in respect of the works the sum of One Million, Six Hundred Sixty Three Thousand, One Hundred Eleven Dollars and Forty Cents ($1,663,111.40) 1 subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Engineer, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Engineer at the following address: B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street Goderich, ON N7A 2T4 1 w 1 A -3 I Where any such notice, direction or other communication is given or made to the Engineer, a copy thereof shall likewise be delivered to any agent of the Engineer appointed in accordance I with the General Conditions of this Contract and where any such notice, direction or other communications is given or made to such Agent, a copy thereof shall likewise be delivered to the Engineer. 1 ARTICLE 6 A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, I Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed and together with the Plans relating therto and listed in the Specifications are made part of this Contract as fully to all intents and purposes as though recited in full herein. 1 ARTICLE 7 I No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties 1 at any time, it being clearly understood that the express covenants and agreements herein contained made by the Owner shall be the only covenants and agreements upon which any rights 1 against the Owner may be founded. 1 ARTICLE 8 Time shall be deemed the essence of this Contract. 1 ARTICLE 9 1 The Contractor declares that in tendering for the works and in entering into this Contract, he has either investigated for himself the character of the work and all local conditions that might affect 1 his tender of his acceptance of the work, or that not having so investigated, he is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work or any items hereof, more expensive in character, or 1 more onerous to fulfill than was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information furnished by any methods whatsoever by the Owner or its officers or employees, being aware that I any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. 1 1 1 1 A -4 I ARTICLE 10 I This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of 1 their proper officer, as the case may be. I FOR THE OWNER: 1 0 ■ � ,� V r . ture Lune MAO Date I I/We have the authority to bind the corporation. 1 N < . -Z,. lkf Signature Name Title 1 Date I I/We have the authority to bind the corporation. 1 FOR THE CONTRACTOR: 1 � � • �Aurl�q ria.s via fO 5,►Q r i S Name Title rijy ,, � a Il I/We have t e authority to bind the corporation. 1 Signature Name Title Date I I/We have the authority to bind the corporation. 1 Z : \wp \Contracts\Forms\A- 1- 4.docx 1 1 Page 1 I MUNICIPALITY OF KINCARDINE 1 NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT 1 OCCUPATIONAL HEALTH AND SAFETY 1 The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. I Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. ALL CONTRACTORS SHALL: I 1. Demonstrate establishment and maintenance of health and safety program with objectives 1 yp �' J and standards consistent with applicable legislation and with the Municipality of Kincardine's health and safety policies and requirements. I 2. Submit a copy of past accident records and Worker's Compensation Board Number. 3. Include health and safety provisions in their management systems to reach and maintain I consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use I at their place of work and wear appropriate personal protective equipment as may be required. I 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. I 6. Must comply with Workplace Safety Insurance Board (WSIB) premiums. 7. The Contractor shall sign -off on the corporate occupational health & safety form stating 1 his agreement to comply. I Your co- operation and assistance in this matter is appreciated and vital to the Health and Safety of all. 1 1 1 Z: \wp \Contracts\Forms\KINCARDINE Health and Safety Form.doc Page 2 1 MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. i o tra or' Na Date r 1 1 1 1 r 1 1 1 Z: \wp \Contracts\Forms\KINCARDINE Health and Safety Form.doc 1 CONTRACT RELEASE IN THE MATTER of a Contract dated , 20 known as Contract for the construction of 1 1 in the , Ontario KNOW ALL MEN BY THESE PRESENTS that UWe (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself /ourselves, my /our 1 heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and ' demands whatsoever at low or in equity which UWe ever had or now have, or which I/We or my /our heirs, executors, administrators or assigns or successors and assigns, as the case may be, hereafter can, shall or may have by reason of the above - mentioned Contract, save and except any claim which UWe have arising out of; 1) the retention by the Owner of the maintenance holdback of the Contract price; ' 2) any sum retained by the Owner against the cost of uncompleted work; Y Y g p 3) (if none, state "none") 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. 1 SIGNED, SEALED AND DELIVERED ) 1 ) ) ) 1 ) ) 1 Witness or Company Seal Z: \wp \Contracts\Forms \Contract Release.doc 1 STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS 1 DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( the Owner I AND ( the Contractor I (dated , 20_ (for the construction of ( (in , Ontario. TO WIT: I I, of in the Province of , do solemnly declare: 1 1. That I am X of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of 1 the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act, R.S.O. 1990, c.C.30 and amendments thereto, with the requirements of statutes and regulations of I the Province of Ontario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. I 3. That with the exception of accounts listed below, all liabilities (including payment due to all staff, sub - contractors, suppliers, Workers' Compensation Board, insurance companies) incurred by the said Contractor arising out of our work performed, have been discharged. 1 Name & Address of Creditor Service Rendered Amount Total 1 Outstanding 1 (If there are no accounts, enter "NONE" above) AND I MAKE THIS SOLEMN DECLARATION conscientiously believing AN Y g it to be true and I knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". I DECLARED before me at the ) of ) in the County of ) I this day of ) A.D. 20 ) I A Commissioner, etc. or Notary Public ) Z: \wp \Contracts\Forms\Payment of Accounts.doc 1 I STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract 1 (entered into between ( the owner ( AND I ( the Contractor (dated 20 (for the construction of 1 (in Ontario. TO WIT: 1 I, of in the Province of do solemnly declare: 1 1. That I am of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of the facts 1 hereunder declared. 2. That all persons who have performed any work or service upon or in respect of, or placed or furnished any I materials or things to be used in connection with the above contract, have been fully paid or their claims have been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating thereto. 1 3. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have been fully paid or their claims have been settled in respect thereof except to the extent that monies (not exceeding in any instance 14% of the value of the work performed by the 1 subcontractor) have been held back by written agreement with any such subcontractors. 4. That all subcontractors who were engaged in or in any manner associated with the performance of any part of I the above contract have discharged all liabilities which they incurred in respect thereof. 5. That all claims for damage to property or injury to persons of which the above -named Contractor has received notice have been fully paid or settled. I 6. That the above -named Contractor has not had any notice of any grounds for a claim (other than those covered by para. 5 above) connected with this contract by a third party and for which a claim might be made and I 1 believe that no such claim will be made. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act ". I DECLARED before me at the ) of ) I in the County of ) this day of ) A.D. 20 ) 1 A Commissioner, etc. or Notary Public ) Z: \wp \Contracts\Forms\Liens.doc