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Home My WebLink About15 133 Kincardine Centre for the Arts Phase Two Renovations Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE te e- *Elk t 'via: I i Y OF WO I N � pO BY -LAW NO. 2015 -133 BEING A BY -LAW TO ACCEPT A TENDER TO RENOVATE THE KINCARDINE CENTRE FOR THE ARTS (PHASE 2) WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the • municipality's ability to respond to municipal issues and 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 do renovations to the Kincardine Centre for the Arts as outlined in Report REC 2015 -09 and in the Tender for PR ART 2015; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Wayne and Harold Smith Construction Limited for the phase two renovations to the Kincardine Centre for the Arts, in the amount of $761,571.84 (including non - refundable portion of HST), 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 "Kincardine Centre for the Arts Phase Two Renovations Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 16th day of September, 2015. READ a THIRD TIME and FINALLY PASSED this 16th day of September, 2015. 1 Mayor Clerk Kincardine Centre for the Arts Phase Two Renovations Tender Acceptance (Wayne and Harold Smith Construction Ltd.) Tender By -law • By -Law No. 2015 —133 CONTRACT DOCUMENT: Folder 1 of 3 WAYNE & HAROLD SMITH CONSTRUCTION LIMITED PROJECT: Kincardine Centre for the Arts Phase Two Renovations Refer to Article A -8 for signed contract (Page 8 in Laserfiche) Owner MUNICIPALITY OF KINCARDINE C/O Karen Kieffer 1475 Concession 5, R.R. 5 Kincardine, ON N2Z 2X6 • Contractor Wayne & Harold Smith Construction Limited 55 Birch Street P.O. Box 809 Seaforth, ON NOK 1 WO Consultant NA Engineering Associates Inc., C/O Brad Miller 933 Queen Street Kincardine, ON N2Z 2Y2 Filed under separate cover in Administration File — C01 in Central Records: Drawings too large to scan. Originals filed in C01. DWG Series A000 — Architectural Folder 2 of 3 • DWG Series M100 — Mechanical DWG Series E00 — Electrical Folder 3 of 3 DWG Series F101 -F103 & F601 -F603 — Fire Alarm Project Sheet List Attached of Drawing Titles Titled: Municipality of Kincardine By -Law No. 2015 - 133 BEING A BY -LAW TO ACCEPT A TENDER TO RENOVATE THE KINCARDINE CENTRE FOR THE ARTS (PHASE 2) • Cited as: Kincardine Centre for the Arts Phase Two Renovations Tender Acceptance By -law Dated: 16 day of September, 2015 PROJECT SHEET LIST SHEET No. SHEET NAME ARCHITECTURAL 000 COVER A000 OBC MATRIX AND NOTES AD101 EXISTING AND DEMOLITION BASEMENT FLOOR PLAN AD102 EXISTING AND DEMOLITION MAIN FLOOR PLAN AD103 EXISTING AND DEMOLITION SECOND FLOOR PLAN A101 PROPOSED PARTIAL SITE PLAN A102 PROPOSED BASEMENT PLAN A103 PROPOSED MAIN FLOOR PLAN A104 PROPOSED SECOND FLOOR PLAN A105 REFLECTED CEILING PLAN - BASEMENT A106 REFLECTED CEILING PLAN - MAIN FLOOR A107 REFLECTED CEILING PLAN - SECOND FLOOR A301 SECTIONS A401 NEW WASHROOMS - PLAN DETAILS A402 NEW WASHROOMS - ELEVATED SERVICE AREA FRAMING PLAN A403 DETAILS A404 DETAILS A601 SCHEDULES A801 INTERIOR ELEVATIONS A802 INTERIOR ELEVATIONS A803 INTERIOR ELEVATIONS A804 INTERIOR ELEVATIONS �f A805 INTERIOR ELEVATIONS MECHANICAL M100 LEGEND, NOTES AND SCHEDULES MD101 DEMOLITION PLUMBING PLANS MD102 BASEMENT HVAC DEMOLITION PLAN MD103 MAIN FLOOR HVAC DEMOLITION PLAN MD104 ' SECOND FLOOR HVAC DEMOLITION PLAN M101 NEW PLUMBING PLANS M102 NEW PUBLIC W/R SANITARY PLAN, DCW /DHW PIPING PLAN AND PLUMBING SCHEDULES M200 NEW BASEMENT HVAC PLAN M201 NEW MAIN FLOOR HVAC PLAN M202 NEW SECOND FLOOR HVAC PLAN M203 PARTIAL ROOF PLAN AND REFRIGERATION SCHEMATIC M300 MECHANICAL STANDARD DETAILS HVAC M301 MECHANICAL STANDARD DETAILS PLUMBING ELECTRICAL E000 LEGENDS, NOTES & RISER DIAGRAM E001 PANEL SCHEDULES & DETAILS BASEMENT EXISTING & DEMO LIGHTING LAYOUT ED102 MAIN FLOOR EXISTING & DEMO LIGHTING LAYOUT ED103 SECOND FLOOR EXISTING & DEMO LIGHTING LAYOUT ED201 BASEMENT EXISTING & DEMO POWER LAYOUT ED202 MAIN FLOOR EXISTING & DEMO POWER LAYOUT ED203 SECOND FLOOR EXISTING & DEMO POWER LAYOUT E101 BASEMENT NEW LIGHTING LAYOUT E102 MAIN FLOOR NEW LIGHTING LAYOUT E103 SECOND FLOOR NEW LIGHTING LAYOUT E201 BASEMENT NEW POWER LAYOUT E202 MAIN FLOOR NEW POWER LAYOUT E203 SECOND FLOOR NEW POWER LAYOUT • FIRE ALARM F101 PROPOSED FIRE ALARM - BASEMENT F102 PROPOSED FIRE ALARM - MAIN FLOOR F103 PROPOSED FIRE ALARM - SECOND FLOOR F601 TYP. DETAILS F602 TYP. DETAILS F603 DETAILS n 1 n n 1 N I I , C CDC 2 1 NL ENGINEERING ASSOCIATES INC I Consulting Engineers 1 st dated pr contract I 1 2008 I 1 KINCARDINE CENTRE FOR THE ARTS RENOVATION I I This agreement is protected by CCDC copyright and is intended by the parties to be an unaltered version of CCDC 2 - 2008 except to the extent 2 I that any alterations, additions or modifications are set forth in supplementary conditions. C I I I CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE I 1 TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR PART 5 PAYMENT 1 A -1 The Work GC 5.1 Financing Information Required of the Owner I A -2 Agreements and Amendments GC 5.2 Applications for Progress Payment 1 A -3 Contract Documents GC 5.3 Progress Payment I A -4 Contract Price GC 5.4 Substantial Performance of the Work ' 11 A -5 Payment GC 5.5 Payment of Holdback upon Substantial Performance of the Work A -6 Receipt of and Addresses for Notices in Writing GC 5.6 Progressive Release of Holdback A -7 Language of the Contract GC 5.7 Final Payment !' A -8 Succession GC 5.8 Withholding of Payment ' I GC 5.9 Non - conforming Work DEFINITIONS 1. Change Directive PART 6 CHANGES IN THE WORK 2. Change Order GC 6.1 Owner's Right to Make Changes 1 3. Construction Equipment GC 6.2 Change Order 4. Consultant GC 6.3 Change Directive 5. Contract GC 6.4 Concealed or Unknown Conditions 6. Contract Documents GC 6.5 Delays 7. Contract Price GC 6.6 Claims for a Change in Contract Price 1 8. Contract Time 9. Contractor PART 7 DEFAULT NOTICE I 10. Drawings GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to 11. Notice in Writing Continue with the Work or Terminate the Contract Ill 1 Owner GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract 13. Place of the Work 14. Product PART 8 DISPUTE RESOLUTION 15. Project GC 8.1 Authority of the Consultant 16. Provide GC 8.2 Negotiation, Mediation and Arbitration 17. Shop Drawings GC 8.3 Retention of Rights 18. Specifications 19. Subcontractor PART 9 PROTECTION OF PERSONS AND PROPERTY 20. Substantial Performance of the Work GC 9.1 Protection of Work and Property 1 21. Supplemental Instruction GC 9.2 Toxic and Hazardous Substances 22. Supplier GC 9.3 Artifacts and Fossils 23. Temporary Work GC 9.4 Construction Safety 24. Value Added Taxes GC 9.5 Mould 25. Work 1 '. 26. Working Day PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees 1 PART 1 GENERAL PROVISIONS GC 10.4 Workers' Compensation GC 1.1 Contract Documents GC 1.2 Law of the Contract PART 11 INSURANCE AND CONTRACT SECURITY GC 1.3 Rights and Remedies GC 11.1 Insurance 1 GC 1.4 Assignment GC 11.2 Contract Security PART 2 ADMINISTRATION OF THE CONTRACT PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 2.1 Authority of the Consultant GC 12.1 Indemnification GC 2.2 Role of the Consultant GC 12.2 Waiver of Claims GC 2.3 Review and Inspection of the Work GC 12.3 Warranty GC 2.4 Defective Work The Canadian Construction Documents Committee (CCDC) is a national joint PART 3 EXECUTION OF THE WORK committee responsible for the development, production and review of standard 1 GC 3.1 Control of the Work Canadian construction contracts, forms and guides. Formed in 1974 the CCDC is i GC 3.2 Construction by Owner or Other Contractors made up of volunteer representatives from: GC 3.3 Temporary Work Public Sector Owners GC 3.4 Document Review Private Sector Owners GC 3.5 Construction Schedule Canadian Bar Association (Ex- Officio) 1 GC 3.6 Supervision * The Association of Canadian Engineering Companies GC 3.7 Subcontractors and Suppliers * The Canadian Construction Association GC 3.8 Labour and Products * Construction Specifications Canada GC 3.9 Documents at the Site * The Royal Architectural Institute of Canada I GC 3.10 Shop Drawings GC 3.11 Use of the Work *Committee policy and procedures are directed and approved by the four constituent GC 3.12 Cutting and Remedial Work national organizations. GC 3.13 Cleanup CCDC 2 is the product of a consensus - building process aimed at balancing the PART 4 ALLOWANCES interests of all parties on the construction project. It reflects recommended industry I GC 4.1 Cash Allowances practices. CCDC 2 can have important consequences. The CCDC and its GC 4.2 Contingency Allowance constituent member organizations do not accept any responsibility or liability for loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. 1 CCDC Copyright 2008 Must not be copied in whole or in part without the written permission of the CCDC. 1 1 Standard Construction Document CCDC 2 — 2008 I AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. I This Agreement made on the day of in the �- g ��$s' Y � -MS t om, t e year �,� ' .5 I by and between the parties Municipality of Kincardine I hereinafter called the "Owner" and Wayne & Harold Smith Construction Limited hereinafter called the "Contractor" The Owner and the Contractor agree as follows: I ARTICLE A -1 THE WORK The Contractor shall: I 1.1 perform the Work required by the Contract Documents for Kincardine Centre for the Arts Renovation 1 insert above the name of the Work located at I 707 Queen Street, Kincardine, Ontario insert above the Place of the Work I for which the Agreement has been signed by the parties, and for which NA Engineering Associates Inc. insert above the name of the Consultant is acting as and is hereinafter called the "Consultant" and 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the October day of 5 in the year 2015 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the March day I of 31 in the year 2016 . ARTICLE A -2 AGREEMENTS AND AMENDMENTS I 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A -3 of the Agreement - CONTRACT 1 DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. 1 CCDC 2 — 2008 File 005213 1 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ARTICLE A -3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A -1 of the Agreement - THE WORK: — Agreement between Owner and Contractor — Definitions — The General Conditions of the Stipulated Price Contract * Tender Form, Addendum No. 1, Addendum No. 2, Addendum No. 3, Specifications, Drawings. 1 1 ' 1 1 1 1 1 1 1 1 * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; drawings, giving drawing number, title, date, revision date or mark; addenda, giving title, number, date) CCDC 2 — 2008 File 005213 2 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ARTICLE A -4 CONTRACT PRICE I 4.1 The Contract Price, which excludes Value Added Taxes, is: 1 Seven Hundred Forty -Eight Thousand Four Hundred Dollars and Zero Cents /100 dollars $ 748,400.00 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Ninty -Seven Thousand Two Hundred Ninty -Two Dollars and Zero Cents 1 /100 dollars $ 97,292.00 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: I Eight Hundred Forty -Five Thousand Six Hundred Ninty -Two Dollars and Zero Cents /100 dollars $ 845,692.00 I 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. i I 4.5 All amounts are in Canadian funds. ARTICLE A -5 PAYMENT I 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of I Ten percent ( 10 %), the Owner shall: .1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payments, and I .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. I 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 — INSURANCE. I 5.3 Interest .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until I payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by 1 Scotiabank I (Insert name of chartered lending institution whose prime rate is to be used) for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION I or otherwise, from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. CCDC 2 — 2008 File 005213 3 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this I contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ARTICLE A -6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING 6.1 Notices in Writing will be addressed to the recipient at the address set out below. The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following such day. A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. Owner Municipality of Kincardine, CIO Karen Kieffer name of Owner* 1475 Concession 5, R.R. #5, Kincardine, Ontario, N2Z 2X6 address (519) 396 -8288 kkieffer @kincardine.net facsimile number email address Contractor Wayne & Harold Smith Construction Limited name of Contractor* 1 55 Birch Street, P.O. Box 809, Seaforth, Ontario, N0K 1 WO address (519) 527 -1040 gary @whsmithconstruction.com facsimile number email address Consultant NA Engineering Associates Inc., C/O Brad Miller name of Consultant* 933 Queen Street, Kincardine, Ontario, N2Z 2Y2 address 1 (519) 396 -1010 bmiller @naeng.com facsimile number email address 1 * If it is intended that the notice must be received by a specific individual, that individual's name shall be indicated. ARTICLE A -7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / Frrch # language shall prevail. # Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais a la demande des parties. CCDC 2 — 2008 File 005213 4 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 I ARTICLE A -8 SUCCESSION 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, 1 successors, and assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. I SIGNED AND DELIVERED in the presence of: I WITNESS OWNER MC Car porch on ©F-Hr)-e Hun \C1pQ\ dP 1 a name of owner Kj Y ,d n c, s ignatur • signa e I �j ) n\ Ye( Lc r k -- - 4/16. c ��. P a r name ofperson signing name and title ofperson signing - I signature signature II,lY1rYNK_> I C) 0. 0--X—k—Q— Senn\ Per L r nr r , r As . I name ofperson signing name and • title of • • son signing I WITNESS CONTRACTOR I name o • 'tractor I- AY/4/0115 alt12411-v g Ale 647 • A • I ,_� signatur gnature VIIII —.411111 111111111M name ofperson signing name and title ofperson signing I signature signature name ofperson signing name and title ofperson signing N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for: I (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. CCDC 2 — 2008 File 005213 5 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Standard Construction Document CCDC 2 — 2008 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 2. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: - a change in the Work; - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 3. Construction Equipment Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. 4. Consultant The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 5. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 6. Contract Documents The Contract Documents consist of those documents listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. 7. Contract Price The Contract Price is the amount stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 8. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A -1 of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. 9. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 10. Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams. 11. Notice in Writing A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between them and the Consultant that is transmitted in accordance with the provisions of Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. 12. Owner 1 The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 13. Place of the Work ' The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 14. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include Construction Equipment. CCDC 2 - 2008 File 007100 6 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ' 15. Project The Project means the total construction contemplated of which the Work may be the whole or a part. 16. Provide ' Provide means to supply and install. 17. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data ' which the Contractor provides to illustrate details of portions of the Work. 18. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the ' Work. 19. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at ' the Place of the Work. 20. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such ' legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 21. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract ' Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 22. Supplier ' A Supplier is a person or entity having a direct contract with the Contractor to supply Products. 23. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. 24. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec ' Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by the tax legislation. 25. Work ' The Work means the total construction and related services required by the Contract Documents. 26. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. 1 1 1 CCDC 2 - 2008 File 007100 7 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Standard Construction Document CCDC 2 — 2008 1 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1 1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.7 If there is a conflict within the Contract Documents: .1 the order of priority of documents, from highest to lowest, shall be - the Agreement between the Owner and the Contractor, — the Definitions, Supplementary Conditions, — the General Conditions, — Division 1 of the Specifications, — technical Specifications, — material and finishing schedules, — the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.1.8 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.9 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. 1 GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 2008 File 007213 8 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT ' 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be ' modified or extended only with the written consent of the Owner, the Contractor and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract ' Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will promptly inform the Owner of the date of receipt of the Contractor's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. ' 2.2.5 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A -5 of the Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT and GC 5.7 - FINAL PAYMENT. ' 2.2.6 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The ' Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. ' 2.2.7 Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party. 2.2.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.10 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.11 With respect to claims for a change in Contract Price, the Consultant will make fmdings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.12 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to ' require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. CCDC 2 — 2008 File 007213 9 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this ' contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 2.2.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Contractor's submittals, in accordance with the Contract Documents. 2.2.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 2.2.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.17 All certificates issued by the Consultant will be to the best of the Consultant's knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 1 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is designated by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. CCDC 2 — 2008 File 007213 10 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 PART 3 EXECUTION OF THE WORK I GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for I co- ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS I 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, I the Owner shall: .1 provide for the co- ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of I the Work; . 3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; I .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co- ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. I 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work; I .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Consultant in writing any apparent deficiencies in the work of other contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. I 3.2.4 Where the Contract Documents identify work to be performed by other contractors or the Owner's own forces, the Contractor shall co- ordinate and schedule the Work with the work of other contractors and the Owner's own forces as specified in the Contract Documents. I 3.2.5 Where a change in the Work is required as a result of the co- ordination and integration of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. I 3.2.6 Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the I Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY WORK I 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines I to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. 1 CCDC 2 — 2008 File 007213 11 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: .1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter- relationship to demonstrate the Work will be performed in conformity with the Contract Time; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Work while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.7.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.7.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. CCDC 2 — 2008 File 007213 12 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 1 3.7.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. 3.7.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the ' Subcontractor's or Supplier's work which has been certified for payment. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified ' shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.8.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. ' GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. 1 GC 3.10 SHOP DRAWINGS 3.10.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. ' 3.10.2 The Contractor shall provide Shop Drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. ' 3.10.3 Upon request of the Contractor or the Consultant, they shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings. 3.10.4 The Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. ' 3.10.5 Shop Drawings provided by the Contractor to the Consultant shall indicate by stamp, date and signature of the person responsible for the review that the Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. ' 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Contractor for approval. 3.10.8 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: .1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and 1 .2 the Contractor has checked and co- ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a ' Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.10.10 The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for ' meeting all requirements of the Contract Documents. 3.10.11 The Contractor shall provide revised Shop Drawings to correct those which the Consultant rejects as inconsistent with the Contract Documents, unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the Consultant. 3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. CCDC 2 -2008 File 007213 13 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 GC 3.11 USE OF THE WORK 3.11.1 The Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and operations of employees and Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Work. 3.11.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Contractor shall co- ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 1 3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill -timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.13 CLEANUP 3.13.1 The Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for use or occupancy by the Owner. The Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining work. 3.13.3 Prior to application for the final payment, the Contractor shall remove any remaining products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES 1 GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Contractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Contractor's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. CCDC 2 — 2008 File 007213 14 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 I GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. I 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized 1 under paragraph 4.2.3 and the contingency allowance. PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, I furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 1 5.2.1 Applications for payment on account as provided in Article A -5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties. I 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Work as of the last day of the payment period. I 5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. I 5.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. I 5.2.6 The Contractor shall include a statement based on the schedule of values with each application for payment. 5.2.7 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. I GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT: I . 1 the Consultant will promptly inform the Owner of the date of receipt of the Contractor's application for payment, .2 the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant I determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, .3 the Owner shall make payment to the Contractor on account as provided in Article A -5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: I - receipt by the Consultant of the application for payment, or the last day of the monthly payment period for which the application for payment is made. 1 I CCDC 2 — 2008 File 007213 15 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within one Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Contractor's list and application: .1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: 1 .1 submit an application for payment of the holdback amount, .2 submit CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 5.5.2 After the receipt of an application for payment from the Contractor and the statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. 5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. CCDC 2 — 2008 File 007213 16 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ' 5.6.2 In the Province of Quebec, where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the ' Contractor shall ensure that such subcontract work or Products are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. ' 5.7.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and advise the Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation ' applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A -5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT ' 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. GC 5.9 NON - CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. ' PART 6 CHANGES IN THE WORK ' GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: .1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change ' Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present, in a form acceptable to the Consultant, a method ' of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the application for progress payment. CCDC 2 — 2008 File 007213 17 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this ' contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be deteimined on the basis of the cost of the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: .1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Contractor, for personnel (1) stationed at the Contractor's field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; .3 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7.1; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Contractor's field office; .8 deposits lost; .9 the amounts of all subcontracts; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. CCDC 2 — 2008 File 007213 18 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 I 6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to I failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work shall be borne by the Contractor. 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing I the Work attributable to the Change Directive and shall provide the Consultant with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. I 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in I the Work, or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order. I GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: I .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in I the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. I 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE 1 ORDER or GC 6.3 - CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the 1 Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 - TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 - 1 ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant or anyone I employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. I 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the I Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incuned by the Contractor as the result of such delay. 1 1 CCDC 2 — 2008 File 007213 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 6.5.3 If the Contractor is delayed in the performance of the Work by: .1 labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.13 of GC 2.2 - ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: ' .1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE 1 GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contractor' s right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in Writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. CCDC 2 — 2008 File 007213 20 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently I agreed in writing by the parties, the Contractor shall be in compliance with the Owner's instructions if the Contractor: .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and I .3 corrects the default in accordance with the Contract terms and with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: I .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. I 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider I expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the I Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and I .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. I 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT I 7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in I bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone I directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the I Owner's contractual obligations if: .1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 - PROGRESS PAYMENT, or I .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - I FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not I corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for I all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. I CCDC 2 — 2008 File 007213 21 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. 1 GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.2.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. 1 CCDC 2 — 2008 File 007213 22 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be .1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 — AUTHORITY OF THE CONSULTANT. ' 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have ' under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage ' which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph ' 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. ' GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. ' 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and ' .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. ' 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work. CCDC 2 — 2008 File 007213 23 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 9.2.5 If the Contractor .1 encounters toxic or hazardous substances at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and .4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.2.8 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: .1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1— PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.2.9 If either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions - Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. CCDC 2 — 2008 File 007213 24 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 ' GC 9.5 MOULD 9.5.1 If the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, ' .1 the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be ' taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and Contractor. 9.5.2 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was ' caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.5.3 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was ' not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and ' .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall ' act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 - MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES ' 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid 1 closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES ' 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract ' Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. CCDC 2 — 2008 File 007213 25 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 10.2.6 If the Contractor fails to advise the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, again with the Contractor's application for payment of the holdback amount following Substantial Performance of the Work and again with the Contractor's application for final payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41— CCDC Insurance Requirements in effect at the time of bid closing except as hereinafter provided: .1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. .3 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work .4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of: (1) 10 calendar days after the date of Substantial Performance of the Work; CCDC 2 — 2008 File 007213 26 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking purposes, or for the installation, testing and commissioning of equipment forming part of the Work; (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more ' than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or ' operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. .6 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or ' damage: (1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract ' except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the Loss or damage as the Consultant may recommend in consultation with the Contractor; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the ' amount which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work; and ' (3) to the Work arising from the work of the Owner, the Owner's own forces or another contractor, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in ' accordance with the progress payment provisions. .7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the ' insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work. ' 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the ' right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to the Contractor. ' 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance ' requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance ' requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 — INSURANCE REQUIREMENTS. GC 11.2 CONTRACT SECURITY 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any Contract security specified in the Contract Documents. CCDC 2 — 2008 File 007213 27 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond foims. PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY 1 GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: .1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or I (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A-4 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. .3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of interest and 1 all legal costs. 12.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 1 12.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 — PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: .1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known; .2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. 1 1 CCDC 2 — 2008 File 007213 28 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 GC 12.2 WAIVER OF CLAIMS I 12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against I the Owner arising from the Contractor's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: I . 1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Owner from the Contractor no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be I asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 12.1.4 or 12.1.5 of GC 12.1— INDEMNIFICATION; and I .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the I Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the I Contractor arising from the Owner's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: I .1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Contractor from the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted by the Owner against the Contractor pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 - INDEMNIFICATION; I .4 damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.3 - WARRANTY; and I .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Writing of claim has been received by the Contractor from the Owner within a period of six years from the date of Substantial I Performance of the Work should any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: .1 any limitation statute of the Province or Territory of the Place of the Work; or I .2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.2.5 The Owner waives and releases the Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been I received by the Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: I .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. I 12.2.7 The party giving "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. I CCDC 2 — 2008 File 007213 29 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of I CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 shall be considered to be an interim account and the party making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph12.2.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. 1 1 1 1 1 1 1 CCDC 2 — 2008 File 007213 30 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1 CCDC I 75 Albert Street Suite 400 Ottawa, Ont. KIP 5E7 ( \N\))\ C UNS'i R Li 1_.)()( I!M)' S (.,t). \1 \11.fI Tj .' .- I CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE Tel: (613) 236 -9455 Fax: (613) 236 -9526 CCDC 41 ' info @ccdc.org CCDC INSURANCE REQUIREMENTS PUBLICATION DATE: JANUARY 21, 2008 I 1. General liability insurance shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than I the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320. To achieve the desired limit, umbrella or excess liability insurance may be used. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. I 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,000 inclusive I per occurrence for bodily injury, death and damage to property, covering all vehicles owned or leased by the Contractor. Where the policy has been issued pursuant to a government- operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. I 3. Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft (if used directly or indirectly in the performance of the Work), including use of additional I premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and limits of not less than $5,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. I 4. "Broad form" property insurance shall have Limits of not less than the sum of 1.1 times Contract Price and the full value, as stated in the Contract, of Products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Forms 4042 I and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfactory Association proof of financial capability by the Contractor, the Owner may agree to increase the deductible of Canadian amounts. I Engineering Companies 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive I boiler and machinery policy. Canadian 6. "Broad form" contractors' equipment insurance coverage covering Construction Equipment used by Construction I the Contractor for the performance of the Work, shall be in a form acceptable to the Owner and shall Association not allow subrogation claims by the insurer against the Owner. Subject to satisfactory proof of financial capability by the Contractor for self - insurance, the Owner may agree to waive the equipment insurance requirement. Construction I 7. Standard Exclusions Specifications Canada 7.1 In addition to the broad form property exclusions identified in IBC forms 4042(1995), and I 4047(2000), the Contractor is not required to provide the following insurance coverage: • Asbestos • Cyber Risk I The Royal • Mould Architectural • Terrorism Institute of Canada w w c c d o r 1 1 1 1 1 1 1 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, ' Kincardine, Ontario REFERENCE NO: 15 -4009 1 SUBMIT TO: 1 Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, RR#5 ' Kincardine, Ontario N2Z 2X6 Attention: Karen Kieffer, Director of Parks and Recreation ' Sealed tenders will be received not later than: 2:00:00 PM, Local Time, Thursday, September 3, 2015 1 We, the undersigned Wayne & Harold SMITH CONSTRUCTION LIMITED of the City/ Municipality of Seaforth, Ontario have examined the tender documents for the KINCARDINE CENTRE FOR THE ARTS RENOVATION including: Addendum No. C3Al E dated 4 (A6 u S i ' Addendum No. 1 O dated AtkruSr / 0 D2 1 i; ' Addendum No. 1-1 /I_ t E dated SEP f 'v G 1 .Za) 3 Addendum No. dated 1 Addendum No. dated Addendum No. dated • Addendum No. dated Addendum No. dated ' NA Engineering Associates Inc. www.naeng.com� KINCARDINE CENTRE FOR THE ARTS Protect 15-4009 Rev 2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 We will supply the necessary materials and services at the costs listed below to complete the scope of work outlined in the said documents. The total contract price is made up of the following prices: SUB -TOTAL CONTRACT PRICE (a) $ 669, L100, u' ' ALLOWANCES (b) $ 79,000.00 1 STIPULATED CONTRACT PRICE (incl. Allowances) (a +b) $ 7 l OO 1 H.S.T. (13% OF CONTRACT PRICE) $ 7, y °o 1 11l` 1 TOTAL STIPULATED CONTRACT PRICE (including HST) $ g j J 6' 109c- 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 1 TENDER FORM 00 41 13 ' TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario ' REFERENCE NO: 15 -4009 Allowances 1.0 PROCEDURE .1 The express intent of this tender is that all Cash Allowances ' shall be carried by the Contractor, not by individual subcontractors. The Contractor shall include in his Tender all Cash Allowances called for in this Section. .2 No expenditure against Cash Allowances shall be made or incurred except as instructed by the Consultant in writing. 1 .3 Mark up for the Contractor's expense and profit will be allowed where individual specific purpose Cash Allowances are exceeded. ' .4 The amounts listed are deemed to be all inclusive but not to include Value Added Taxes (H.S.T.). ' 2.0 CASH ALLOWANCES .1 Include in Stipulated Contract Price the following specific Cash Allowances to be expended in whole or in part only as directed by the Consultant. .1 Materials Testing and Inspection: $ 5,000 1 .2 Hardware: $23,000 .3 Signage: $ 1,000 1 .3 Contingency: $50,000 Total Allowances to be carried in the Stipulated Contract Price: $79,000 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev2 . 925 .° • 1 TENDER FORM 00 41 13 1 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 The Stipulated Contract Price includes the cost of 100% Performance Bond and 50% Labour and Material Bond, all Permits, Insurance Premiums and all taxes on products and equipment. 1 ,V0 6 - 1 - 11 �c tiu re-4 - r 1-1. a (Dollars) 1 Including all applicable taxes as noted (including H.S.T.) Harmonized Sales Tax (H.S.T.): $ 6 1 1 . 0 / a id 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 eC&LI) TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 The Owner reserves the right to accept or reject all or any part of this Tender and not 9 P reject Yp necessarily accept the lowest or any of the prices submitted. Declarations: We hereby agree declare that: We a to perform the work and attain Substantial Performance on /or before March 31, 2016. No person, firm, or corporation other than the undersigned has any interest in this Tender or in the proposed contract for which this tender is made. 1 This Tender is open to acceptance for a period of sixty (60) days from the date of the closing. 1 Harold B. Smith — President Name and Title (please type or print in block letters) " -� 1 - -- Signature 1 1 1 1 ' NA Engineering Associates Inc. `' KINCARDINE CENTRE FOR THE ARTS www.naeng.com �1 Project 15 4009 Rev2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 111 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 Signed, sealed and submitted for and on behalf of: Company: Wayne & Harold SMITH CONSTRUCTION LIMITED (Name) ' 55 Birch Street, P.O. Box 809 (Street Address or Postal Box Number) Seaforth, Ontario NOK 1WO (City, Province & Postal Code) (Apply Seal Above) 519 - 527 -1079 519- 527 -1040 (Telephone) (Facsimile Number) Signature: ' > 1 Name & Title: Harold B. Smith - President (Please print or type) 1 Witness: 4Lti) Dated at Seaforth, ON this lst day of September , 2015 1 1 NA Engineering Associates Inc. 411%. KINCARDINE CENTRE FOR THE ARTS 1 www.naeng.com Project 15 -4009 Rev 2 1 111 TENDER FORM 00 41 13 ' TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario ' REFERENCE NO: 15 -4009 ' The following is a listing of the sub - contractors to be employed on the work described above which, are identified below naming each subcontractor to be used in making up this Tender and stating the portion of work allocated to each. ' Subcontractor Portion of Work Telephone rt n k Ie pho n No. 1 Mechanical CLA C S 1 ci Sa(2 39/3 r;_ 2 n i- ri J Electrical 113 Insulation Sig 50- / /0 Masonry , Gypsum Board o r 62-ut 1 1 1 1 1 1 ' NA Engineering Associates Inc. v✓ww.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 Rev 2 t 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 SEPARATE PRICES 1 Provide separate prices as follows to make the following changes to the Contract Price. The Owner may select any, all, or none of the separate prices below, at their discretion: Add Subtract 1. Omit the requirement for the removal of the existing boiler from the 1 basement furnace room. Disconnect and decommission the boiler and leave it in the furnace room. $ 1,5o a'' 2. Omit completely the renovation work for the Staff Washroom, room number 008. $4, too 1 1 1 1 j � 1 P d -) 56 � � qt2 G X11. rr ca-r °I fi r / 1 � c � � 1 tA S 6 PV 144A 14 (-41;C 11) Ad 4 301 a oo ' 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 L ''- 1 1 . 1 01 TRISURA I BID BOND CCDC 220 -2002 I No. TCS0109017 -15 -013 Bond Amount 3% of Tender Amount Wayne & Harold Smith Construction Limited as Principal, hereinafter called the Principal, and TRISURA GUARANTEE INSURANCE COMPANY a corporation created and existing under the laws of CANADA and duly authorized to transact the I business of Suretyship in Canada, as Surety, hereinafter called the Surety, are held and firmly bound unto The Municipality of Kincardine as Obligee, hereinafter called the Obligee, in the amount of Three percent of tender amount (3% of Tender Amount) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. I WHEREAS, the Principal has submitted a written bid to the Obligee, dated the 27th day of August, 2015 for Project No. 15 -4009; Kincardine Centre for the Arts Renovation, 707 Queen Street, Kincardine, Ontario. I The condition of this obligation is such that if the Principal shall have the bid accepted within the time period prescribed in the Obligee's bid documents, or, if no time period is specified in the Obligee's bid documents, within sixty (60) days from the closing date as specified in the Obligee's bid documents, and the Principal enters into a formal contract and gives the specified I security, then this obligation shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former. I The Principal and Surety shall not be liable for a greater sum than the Bond Amount. It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of this Bond. I No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. I IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated the 14th day of August, 2015 . I SIGNED and SEALED In the presence of: • .yn- & `- rol- Smith ' • • tion Limited �i ' � I Sign ure `. � (Witness as to Principal) igna r- (seal) .SM t, ILt, 4 ;rat I Print Name of Witness Print Name of Person Signing TRISURA GUARANTEE INSURANCE COMPANY 1 _ _ (seal) Michelle Mennaman, A orney -in -Fact 1 EEI3 I Copyright 2002 Canadian Construction Documents Committee (CCDC 220 -2002 has been endorsed by the Surety Association of Canada) 1 Vancouver Office Calgary Office Toronto Office Montreal Office Halifax Office Quebec Office 666 Burrard St 150 — 6 Ave SW 333 Bay St. 1501 McGill College Ave 201 Brownlow Ave 979 de Bourgogne Ave I Suite 1530 Suite 3360 Suite 1610 Suite 1620 Suite 4 Suite 340 Vancouver, BC V6C 2X8 Calgary, AB T2P 3Y7 Toronto. ON M5H 2R2 Montreal, QC H3A 3M8 Dartmouth, NS B3B 1W2 Quebec, OC G1W 21-4 Tel (604)688.5541 Tel (403) 663.3343 Tel: (416)214 -2555 Tel (514)845 -4555 Tel: (902)488 -6889 Tel: (418)650.2544 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 Bond No. TCS0109017 -15 -013 Note: Bonding Companies may submit the Agreement to Bond on their standard forms provided they 1 conform to the form below. AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for: Wayne & Harold Smith Construction Limited in a Performance Bond totaling One Hundred Per Cent (100 %) of the contract amount and in a Labour and Materials Payment Bond totaling Fifty Per Cent (50%) of the contract amount and conforming to the Instruments of the Contract attached hereto, for the full and due performance and maintenance of the works shown and described herein, if the Contract for: KINCARDINE CENTRE FOR THE ARTS RENOVATION is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Contract is accepted, application 1 for a Performance Bond and a Labour and Materials Payment Bond must be made to the undersigned within thirty (30) days of the execution of the contract related thereto, otherwise this Agreement shall be null and void. 1 DATED this 14 day of August , 2015 1 Trisura Guarantee Insurance Company Name of Bonding Company Michelle Mennaman Attorney -in -fact 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com N1 Project 15-4009 ism Rev1 1 1 1 ADDENDUM No. 1 Project Number: 15 -4009 N A 1 Date: August 12, 2015 E N G I N E E R I N G Issued to: Bidders ASsocIAT5S ,Nc Project Description: Kincardine Centre for the Arts Renovation r,;, ,, ,, , ; ,; ,, r q }; ■ n , I Project Location: 707 Queen Street, Kincardine, Ontario Total Number of Pages: 2 pages + 12 pages attached This addendum forms part of the Contract documents and amends the original drawings, I specifications, and details. 1. The following is a list of the contractors that attended the mandatory site meeting I on August 11, 2015. Only general contractors that attended this meeting are eligible to submit a bid for this project: I _ Aubi Design Build SDI Builders m.timmermans@aubidesign.com denise@sdibuilders.com - Skyway kiel.farrish@skycan.ca I - Allen Hastings Ltd - Silver Birch Interiors bmellish@allenhastingslimited.ca allenhastingslimited.ca dvlan@silverbirchinteriors.ca - WH Smith Construction gary(a,whsmithconstruction.ca 1 2. Reference Tender Closing Date. The tender closing has been revised from Wednesday, August 26, 2016 at 2:00:00 pm to Thursday, August 27, 2016 at 2:00:00 pm. A revised copy of the Form of Tender (specification section 00 41 I 13) is appended to this addendum, reflecting this change. 3. Reference: Date of Substantial Performance. The required date of Substantial I performance has been changed from March 1, 2016 to March 31, 2016. A revised copy of the Form of Tender (specification section 00 41 13) is appended to this addendum, reflecting this change. I 4. Reference Specification Section 08 70 00 — Hardware. Door hardware wiring for doors numbered 117a and 118a (Public Washroom doors) are to be wired in accordance with the attached riser diagrams (3 pages). 1 5. Reference Drawings A000 and A102. Revise wall type W4 to include the demolition and removal of the existing wood studs. Replace studs with new 3 I 5/8" metal studs @ 16" o.c. Omit requirement for 6 mil poly vapour barrier in this assembly. 107 ERIE ST. SUITE 2 ►2 STRATFORD. ON N5A 6. Reference Drawing A105. In Storage Room 007 (currently the boiler room), the PHONE 519273 205 1 Contractor may install a suspended ceiling in lieu of the specified gypsum board FAX 519 ceiling. The suspended ceiling must be installed as a system, and must provide a 90 ALBERT STREET ❑ minimum fire resistance rating of 1.0 hour. If this substitution is selected, the LONDON, ON 320000 I contractor is responsible to include for any other minor requirements to make this FAX 519 change, including adjusting to plumbing lines, electrical fixtures, finishes, etc. 933 QUEEN STREET ❑ KINCARDINE ON N2Z 2Y2 7. The Contractor may, at their option, work outside of normal business hours. If PHONE 519 396 -1000 I y p during the course of the project, the Owner elects to prescribe after hours work, FAX 519 396 -1010 the additional cost for the prescribed premium time work will be considered as additional costs and a change order will be issued for same. Form: 301 /Rev.03 I Rev. March, 2010 Page 1 of 2 1 8. With respect to the existing audio and video control equipment located in the southeast corner of the stage area, the Owner will, at their cost, remove this equipment prior to the commencement of the work in this area, and reinstall same N L at the completion of the work. ENGINEERING 1 ASSOCIATES INC 9. Reference specification section 072119 — Foamed -in -place Insulation. The „ ; „ , , ; ,r F following is an additional acceptable product: `Wailtite V3, for cavity walls, closed cell, medium density, spray - applied polyurethane foam insulation and air barrier. Conforming to CAN /ULC S 705.1 -01, Zero ODP, GreenGuard Certified. Manufactured by BASF Canada. END OF ADDENDUM 1 1 1 1 1 1 1 1 1 1 1 1 Form: 301 /Rev.03 Rev. March, 2010 Page 2 of 2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 SUBMIT TO: ' Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, RR #5 ' Kincardine, Ontario N2Z 2X6 Attention: Karen Kieffer, Director of Parks and Recreation Sealed tenders will be received not later than: 1 2:00:00 PM, Local Time, Thursday, August 27, 2015 1 We, the undersigned of the City / Municipality of have examined the tender documents for the KINCARDINE CENTRE FOR THE ARTS RENOVATION ' including: Addendum No. dated Addendum No. dated 1 Addendum No. dated Addendum No. dated Addendum No. dated 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 Rev 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, ' Kincardine, Ontario REFERENCE NO: 15 -4009 We will supply the necessary materials and services at the costs listed below to complete the scope of work outlined in the said documents. The total contract price is made up of the following prices: 1 SUB -TOTAL CONTRACT PRICE (a) $ ALLOWANCES (b) $ 79,000.00 1 STIPULATED CONTRACT PRICE (incl. Allowances) (a +b) $ 1 H.S.T. (13% OF CONTRACT PRICE) $ ' TOTAL STIPULATED CONTRACT PRICE (including HST) $ 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Ilk444 Project 15 -4009 Rev 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 Allowances 1.0 PROCEDURE .1 The express intent of this tender is that all Cash Allowances ' shall be carried by the Contractor, not by individual subcontractors. The Contractor shall include in his Tender all Cash Allowances called for in this Section. .2 No expenditure against Cash Allowances shall be made or incurred except as instructed by the Consultant in writing. ' .3 Mark up for the Contractor's expense and profit will be allowed where individual specific purpose Cash Allowances are exceeded. ' .4 The amounts listed are deemed to be all inclusive but not to include Value Added Taxes (H.S.T.). ' 2.0 CASH ALLOWANCES . 1 Include in Stipulated Contract Price the following specific Cash Allowances to be expended in whole or in part only as directed by the 1 Consultant. .1 Materials Testing and Inspection: $ 5,000 .2 Hardware: $23,000 .3 Signage: $ 1,000 1 .3 Contingency: $50,000 Total Allowances to be carried in the Stipulated Contract Price: $79,000 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 The Stipulated Contract Price includes the cost of 100% Performance Bond and 50% Labour and Material Bond, all Permits, Insurance Premiums and all taxes on products and equipment. 1 (Dollars) Including all applicable taxes as noted (including H.S.T.) ' Harmonized Sales Tax (H.S.T.): $ 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 1 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 The Owner reserves the right to accept or reject all or any part of this Tender and not necessarily accept the lowest or any of the prices submitted. 1 Declarations: 1 We hereby declare that: We agree to perform the work and attain Substantial Performance on /or before March 31, 2016. No person, firm, or corporation other than the undersigned has any interest in this Tender or in the proposed contract for which this tender is made. This Tender is open to acceptance for a period of sixty (60) days from the date of the closing. 1 1 1 Name and Title (please type or print in block letters) 1 Signature 1 1 1 1 ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 V Rev1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, 1 Kincardine, Ontario REFERENCE NO: 15 -4009 Signed, sealed and submitted for and on behalf of: 1 : Com an p Y (Name) (Street Address or Postal Box Number) 1 (City, Province & Postal Code) (Apply Seal Above) (Telephone) (Facsimile Number) 1 Signature: 1 Name & Title: (Please print or type) 1 Witness: 1 Dated at this day of , 2015 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev1 1 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION ' 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 The following is a listing of the sub - contractors to be employed on the work described above ' which, are identified below naming each subcontractor to be used in making up this Tender and stating the portion of work allocated to each. Subcontractor Portion of Work Telephone No. Mechanical Electrical Insulation 1 Masonry Gypsum Board 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 Rev 1 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 ' Note: Bonding Companies may submit the Agreement to Bond on their standard forms provided they conform to the form below. AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for: , in a Performance Bond totaling One Hundred Per Cent (100 %) of the contract amount and in a Labour and Materials Payment Bond totaling Fifty Per Cent (50 %) of the contract amount and conforming to the Instruments of the Contract attached hereto, for the full and due performance and maintenance of the works shown and described herein, if the Contract for: KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Contract is accepted, application 1 for a Performance Bond and a Labour and Materials Payment Bond must be made to the undersigned within thirty (30) days of the execution of the contract related thereto, otherwise this Agreement shall be null and void. 1 DATED this day of , 2015 Name of Bonding Company Attorney -in -fact 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 1 1 I TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION I 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 1 SEPARATE PRICES Provide separate prices as follows to make the following changes to the Contract Price. The I Owner may select any, all, or none of the separate prices below, at their discretion: Add Subtract 1 1. Omit the requirement for the removal of the existing boiler from the basement furnace room. Disconnect and decommission the boiler and leave it in the furnace room. $ 1 2. Omit completely the renovation work for the Staff Washroom, room number 008. $ 1 • 1 1 1 1 1 1 1 1 I NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 �' Rev1 1 1 1 1 1 r 120VAC IM PS ceiling (17) 17 z" conduit -O z "conduit -O Speaker 2" conduit -- Speaker 2" conduit -c 120 VAC . -.- H 0000 114 ------.1., ` I N THE EVENT OF AN ■ 1 I 1 EMERGENCY PUSH MB IMBI EMERGENCY BUTTON AND 1 AUDIBLE AND VISUAL \ SIGNAL WILL ACTIVATE • . \1 1 r - - H I n2 -_ o MB �— ' i4 ' 5 , 9 I 8 18 900mm- 1100mm 1 ■ finished floor door shown from outside washroom door shown from inside washroom (push side) I (pull side) DRAWING #: PROJECT NAME: MOUNTING INFORMATION: LEGEND: Div. 16 to provide 3' conduit to all locations shown 1 - door contact IM - integration module DE 0 1 Kincardine Centre for the Ads 2- current transfer PS - power supply om k o Drive 100 Di 16 pro vide single gang boxes for all locations shown 4- electric lockset �0 7 - auto operator P 9797 Div. 16 to provide 120 VAC to auto operator and to power 8 - interior switch enclosure a a mss i DATE: REVISED: OPENING(S)• supply 9- exterior switch enclosure 1 14 - LED monitor 1 — 8- Jul -15 17- speaker DRAWN BY' CHECKED BY• 109a — 18 - emergency button - rg acp NOTE: THIS DRAWING HAS BEEN COMPLETED TO THE AUTHORS BEST ABILITY GIVEN THE INFORMATION AT THE TIME OF COMPLETION. PLEASE USE THIS INFORMATION AT YOUR OWN RISK 1 1 1 1 1 1 1 1 ceiling 144 jV €i� :Alm;: 411:a4144,41- ° �`-- — �_ ,,, m _ . y, �, ® Z conduit \ q conduit : -� z conduit q condult I / 2 2 MB -, s L s L_I 9 1- a 118a 117a finished floor door shown from inside washroom door shown from inside washroom (pull side) (pull side) I DRAWING #: PROJECT NAME: MOUNTING INFORMATION: ( LEGEND: I I I Div. 16 to provide I" conduit to all locations shown 12 - current transfer D C Kincardine Centre for the Arts 4- deadbolt with signal switch E 02 Ki Div. 16 to provide single gang boxes for all locations shown 17 - auto operator ontoxa. Ontario Drive -RO 1 I 8 - interior wall switch 1 'P � uoW 9vs.o _ _._ Div. 16 to provide 120 VAC to auto operator 9 - exterior wall switch P. ro p i Pwsrarams.oa ( IM - integration module co DATE: REVISED: OPENING(S): PS -power supply 0- Jul -15 -_ I 117a DRAWN BY: I CHECKED BY: 118a rg i acp NOTE: THIS DRAWING HAS BEEN COMPLETED TO THE AUTHOR'S BEST ABILITY GIVEN THE INFORMATION AT THE TIME OF COMPLETION. PLEASE USE THIS INFORMATION AT YOUR OWN RISK 1 1 1 1 1 1 1 1 — to perimeter security system I (verify requirements with supplier) JB 2" conduit • II ll IM131 ■ • • 1 I finished floor door shown from push side � . DRAWING #: PROJECT NAME: I MOUNTING INFORMATION: I LEGEND: ';^ ` Div. 16 to provide q" conduit to location shown 1 - door contact K incardine Centre for t he Arts JB - junction box omw�a.� oH �L +RO DE 03 Div. 16 to provide junction box 9T9r 11 1 e. F.- 'P 00 ivW.T ..' .' DATE: REVISED: — OPENIN w:ralams.�e 10 Jul - 15 -- 9a DRAWN BY: CHECKED BY: ` - -- NOTE:THIS DRAWING HAS SEEN COMPLETED THE AUTHORS BEST ABILITY GIVEN THE INFORMATION AT THE TIME OF COMPLETION. PLEASE USE L acp 1 THIS INFORMATION AT YOUR OWN RISK. 1 1 1 1 ADDENDUM No. 2 ■ � Project Number: 15 -4009 N A Date: August 18, 2015 ENGINEERING Issued to: Bidders AssOcIATES INC Project Description: Kincardine Centre for the Arts Renovation t, ., , „ 1 , g: r:9 JI ; I Project Location: 707 Queen Street, Kincardine, Ontario Total Number of Pages: 1 page + 9 pages attached This addendum forms part of the Contract documents and amends the original drawings, specifications, and details. ' 1. Reference Tender Closing Date. The tender closing has been revised from Thursday, August 27, 2015 at 2:00:00 pm. to Thursday, September 3, 2015 at 2:00:00 pm. A revised copy of the Form of Tender (specification section 00 41 13) is appended to this addendum, reflecting this change. 2. Reference drawing E001. On the panel `N' schedule, revise the breaker size for RC -1 from circuit 31, 33, 35 to 175A instead of 150A. END OF ADDENDUM 1 1 1 1 ' 107 ERIE ST. SUITE 2 ►g: STRATFORD, ON N5A 2M5 ' PHONE 519 273 3205 FAX 519 273 7133 90 ALBERT STREET LONDON, ON N6A 1L8 ' PHONE 519 432 0000 FAX 519 432 1313 933 QUEEN STREET ❑ KINCARDINE ON N2Z 2Y2 PHONE 519 396 -1000 FAX 519 396 -1010 1 Page 1 of 1 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, 1 Kincardine, Ontario REFERENCE NO: 15 -4009 SUBMIT TO: Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, RR #5 Kincardine, Ontario N2Z 2X6 Attention: Karen Kieffer, Director of Parks and Recreation 1 Sealed tenders will be received not later than: 2:00:00 PM, Local Time, Thursday, September 3, 2015 1 We, the undersigned of the City / Municipality of have examined the tender documents for the KINCARDINE CENTRE FOR THE ARTS RENOVATION including: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated 1 Addendum No. dated Addendum No. dated Addendum No. dated NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 2 1 1 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION ' 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 1 We will supply the necessary materials and services at the costs listed below to complete the scope of work outlined in the said documents. 1 The total contract price is made up of the following prices: SUB -TOTAL CONTRACT PRICE (a) $ ALLOWANCES (b) $ 79,000.00 STIPULATED CONTRACT PRICE (incl. Allowances) (a +b) $ 1 H.S.T. (13% OF CONTRACT PRICE) $ TOTAL STIPULATED CONTRACT PRICE (including HST) $ 1 1 1 1 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 T' Rev2 1 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 Allowances 1 1.0 PROCEDURE .1 The express intent of this tender is that all Cash Allowances shall be carried by the Contractor, not by individual subcontractors. The Contractor shall include in his Tender all Cash Allowances called for in this Section. .2 No expenditure against Cash Allowances shall be made or 1 incurred except as instructed by the Consultant in writing. .3 Mark up for the Contractor's expense and profit will be allowed where individual specific purpose Cash Allowances are exceeded. .4 The amounts listed are deemed to be all inclusive but not to include Value Added Taxes (H.S.T.). 2.0 CASH ALLOWANCES .1 Include in Stipulated Contract Price the following specific Cash 1 Allowances to be expended in whole or in part only as directed by the Consultant. , .1 Materials Testing and Inspection: $ 5,000 .2 Hardware: $23,000 .3 Signage: $ 1,000 .3 Contingency: $50,000 1 Total Allowances to be carried in the Stipulated Contract Price: $79,000 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 'r Rev 2 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION ' 707 Queen Street, Kincardine, Ontario ' REFERENCE NO: 15 -4009 1 The Stipulated Contract Price includes the cost of 100% Performance Bond and 50% Labour and Material Bond, all Permits, Insurance Premiums and all taxes on products and equipment. 1 (Dollars) Including all applicable taxes as noted (including H.S.T.) Harmonized Sales Tax (H.S.T.): 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 154009 V Rev 2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 The Owner reserves the right to accept or reject all or any part of this Tender and not 1 necessarily accept the lowest or any of the prices submitted. 1 Declarations: We hereby declare that: We agree to perform the work and attain Substantial Performance 1 on /or before March 31, 2016. No person, firm, or corporation other than the undersigned has any interest in this Tender or in 1 the proposed contract for which this tender is made. This Tender is open to acceptance for a period of sixty (60) days from the date of the closing. 1 1 Name and Title (please type or print in block letters) 1 Sig nature 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 1 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 Signed, sealed and submitted for and on behalf of: Company: 1 (Name) 1 (Street Address or Postal Box Number) (City, Province & Postal Code) (Apply Seal Above) (Facsimile Number) ( ) 1 Signature: 1 Name & Title: (Please print or type) 1 Witness: 1 Dated at this day of , 2015 1 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 The following is a listing of the sub - contractors to be employed on the work described above which, are identified below naming each subcontractor to be used in making up this Tender and stating the portion of work allocated to each. Subcontractor Portion of Work Telephone No. 1 Mechanical Electrical ' Insulation Masonry Gypsum Board 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 2 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION ' 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 ' Note: Bonding Companies may submit the Agreement to Bond on their standard forms provided they conform to the form below. AGREEMENT TO BOND 1 We, the undersigned, hereby agree to become bound as Surety for: in a Performance Bond totaling One Hundred Per Cent (100 %) of the contract amount and in a Labour and Materials Payment Bond totaling Fifty Per Cent (50 %) of the contract amount and ' conforming to the Instruments of the Contract attached hereto, for the full and due performance and maintenance of the works shown and described herein, if the Contract for: KINCARDINE CENTRE FOR THE ARTS RENOVATION is accepted by the Owner. 1 It is a condition of this Agreement that if the above mentioned Contract is accepted, application for a Performance Bond and a Labour and Materials Payment Bond must be made to the 1 undersigned within thirty (30) days of the execution of the contract related thereto, otherwise this Agreement shall be null and void. DATED this day of , 2015 Name of Bonding Company ' Attorney -in -fact 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 2 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 SEPARATE PRICES ' Provide separate prices as follows to make the following changes to the Contract Price. The Owner may select any, all, or none of the separate prices below, at their discretion: Add Subtract 1. Omit the requirement for the removal of the existing boiler from the basement furnace room. Disconnect and decommission the boiler and leave it in the furnace room. $ 2. Omit completely the renovation work for the Staff Washroom, room number 008. 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 2 1 1 ' A - ' mr -,, -!,- ADDENDUM No. 3 Project Number: 15 -4009 N A I Date: September 1, 2015 E=NGINEERING Issued to: Bidders ASSOCIATES INC Project Description: Kincardine Centre for the Arts Renovation ,. ;, ,, , „ I , ; „;t 1 „ ■ „ , . , , I Project Location: 707 Queen Street, Kincardine, Ontario Total Number of Pages: 1 page + 3 pages attached 1 This addendum forms part of the Contract documents and amends the original drawings, specifications, and details. 1. Reference Drawings A102, A105 and A601. The unnamed vestibule located I immediately north of room 007 will receive the same finishes as those described for room 005. I 2. Reference: Vinyl flooring. For clarification, the Marmoleum flooring is a "sheet good ", and not a tile. The base is to be the Forbo 4" rubber base as noted. The Marmoleum flooring does not require a wax or sealer after installation, but must I be cleaned in accordance with manufacturer's specifications. 3. Reference sketch Sk01, attached. The door located between rooms 014 and 015 is to be identified as door number 014a. Refer to mechanical drawings included 1 in the tender drawings for a new grille to be installed in this location. 4. Reference revised drawing A401, attached. Revisions to the drawing include: I a. Revise length of grab bars at barrier free urinal as indicated. b. Include the installation of owner - supplied toilet paper dispensers and soap I dispensers. c. Assorted dimensional revisions and clarifications, indicated in clouded areas of the drawing. 1 5. Reference: Drawing M100 Legends Notes and Schedules. Allow for adding the following manufacturers as equals subject to meeting same performance and specs: Equipment Spec Equal Grilles /Diffusers EH Price Metalaire /Krueger I Fans ERV Greenheck Cook /PennBarry Lossnay from Mitsubishi Daikin /LG 107 ERIE ST. SUITE 2 _1 Dampers (MD's, FD's, BBD's) - Ventex STRATFORD, ON N5A 2M5 I Louvers CS Group Ventex PHONE 519 273 3205 FAX5192737133 AHU 1 Johnson Controls Daikin CU's (VRF) Mitsubishi Daikin /York 90 ALBERT STREET ❑ FCU's Mitsubishi/ Johnson Daikin/ York LONDON, 51 9 432 000 PHONE 519 432 0000 I Controls FAX 519 432 1313 Cooling Coil Johnson controls Daikin 933 QUEEN STREET ❑ Reheat Coils Neptronics Thermolec KINCARDINE ON N2Z 2Y2 PHONE 519 396 -1000 I FAX 519 396 -1010 END OF ADDENDUM 1 Page 1 of 1 1 1 I 1 1 /' ® /i / /i // / //,, z% i , /i /,iii . i /., //,. ® 4 y /„ iii /. ;/„ / , ® t ;. • , 1 i ,7,4 ,, . , ,... .,,,. „:, ,.., �..� a� °.� _ ® ®�® „o. ,„ , ,,, . , ,,,,,,,, ....,_.... f 7 -2m. _ __ ___ ,,,,,_,„,,7 „„.., ,....., fx00. ____ ____ ,,,11, ILL) Ell 1 ',./0, ! ,, ,/, ___,....,,.....,..„__..., .:„....,..„..,,......._ [, DET AIL - TOILET ®�� ® . 11 FENA. VAR 117 Well: Zr. I{ L ` L [ � r , - h i .1 - — i f'' r i `” s / — s�3 , u ; 1 , o - il . :,,„ a f — I � ) 1 d t r # C (, J � (� - / _ 1GI \ a ° ENGINEERING .. ll 1 li ( �I w I r . ''///z/ , / i / � m 1 n �� L / � _ ' u E III 1 /d s�rmcrr t Y ® 1 • A .E- „ c.... suo�s. � : wrs .ce >a �m ii n r y ,. w DETAIL - URINAL iii uuRrc+awp of R;NCAROwe [J7 "A GE I siaiE.s , f 1 wE NTR RTNE [ 1) , ; Tj� � `i f f� ; l � _ � �NCARNwE� f 'ij : / i 4/ /;% / /'%%%% / //% / //%/z/ i %' /i ///////////,/ iii /i // z.; rii,,,.,, ,,, / £ p ' ��-- � , ii / „ , / ///i//i/ // r 1 T NEN SHROON FLAN DETAILS ' L o a , DETAIL - LAVATORY f ,,.rK. 1 ' F. PUBLIC WASHROOM PLAN DETAIL l I r- A401 H 1 1 1 1 1 1 1 1 1 1 TRUE NORTH: CONSTRUCTION NCR,. 1 1. EX. i. 7 1/2° 4 114" • . 7 -IY NOTE: PROVIDE ADDITIONAL 10M - JI VERTICAL WI VOID FILLED SOLID �Yi ,' e r 2:11W.24 anoExouu BEHIND ALL PLUMBING FIXTURES EX. 8" CONC. BLOCK ill ' 8 °'_ME STUDS @ 16° O.0 ' 0.1E ossmmov R " " '"' " `P0 EX. 1 1/2" INSULATION I 8" CONC. BLOCK W/ • C INSUL STUD INFILL mmeee«mw swo ono sw wt EX. 4" FACE BRICK �,. 10M @32" O.C. VOID FILLED SOL 4 6M G. - Serum. eV late 002.140179. PE 1 I : "GWB • • "X" ,' t.W.W Of WE....MGW Wssarr,�x u:«E1 Ill! fll 0• WALL TYPE EW1 WALL TYPE W2 ' L TYPE W5 ' o� E w66 ERIE ST. Suite z. 1 ''----/...i.__4.91-"--/1 \./ �J \/ / 1 B07 uite 2. EX. I 1 -4 N OTE: PROVIDE ADDITIONAl10M /4 S . . � DO ALBERT � new Le T VERTICAL W / VOID FILLED SOLID N A ARE 513.00. Tax 5642 SO BEHIND ALL PLUMBING FIXTURES ENGINEERING 933 QUEEN ST., j�j !! :1: , �� 5/8" GWB TYPE 'X" <e, �ry o e�.•x` NxcnolNE,oNr. 1.1222T2 _ � � � 6MIL VAPOUR BARRIER ri ARE S6ssmt ca s6w6 8" GWB 1 j 6" CONC. BLOCK W/ S� , 2x6 STUDS @14" O.C. OW EX. 5/ I • II �'� Or. BATT INSUL. STUD INFILL CLIENT EX. V.B. I 1� 10M @32" O.C. VOID FILLED SOLID 1 1/2" RIGID INSUL. MUNICIPALITY OF KINCARDINE EX. STUDS CMl INSUL. 5" AIR SPACE KINCARDINE, ON EX. 1" AIR SPACE 111 j 1 11.- 2x4 STRAPPING @ 24" O.C. 6" CONC. BLOCK WI/ N2Z 2X6 EX. 3 WYTHES BRICK I11 10M 32" O. C. VOID FILLED SOLID 1 . . I .� AIR BARRIER 519 396 -3491 �'� j ( °e SHED- PINE" BOARD AND BATTEN it 1111 il.tt. SIDING, STAINED TO MATCH "BLUE" TRIM PROJECT: I WALL TYPE EW2 WALL TYPE W3 TUN WALL TYPE W6 ARTS- RENOVATION 707 QUEEN STREET r rr KINCARDINE CENTRE FOR THE , 5" , � EX. 6 1/4" , - I --J .r 'IY ' oruwxcnne I • WALL TYPE SCHEDULE 5/8" GWB TYPE "X" 5/8" GWB TYPE "X" 3 5/8" METAL STUDS @ i6" O.C. ' ocx NO: oxx: C'''' aPPROVEO er 35/8" METAL STUDS @ 16" O.C. 2" SPRAY FOAM • SMR PBM NHA/LW 5/8 "GWB TYPE "X" EX. STONE FOUNDATION ' O 2015A 24 S FWJDESfA1ExG: � • 2015AUG24 15a009A • $C.aIE: SIZE 5''''''' %i0lECTNO. ' Q AS SHOWN 11x12 15-0009 et WALL TYPE W1 WALL TYPE W4 w— .N— .w —.w —. _ — I [ UST cvJC x SK02 1 1 1 1 1 1 I I 1 i / UNEXCAVATED / / UNEXCAVATED s■ ��f PI' 1 W4 012,44 V dr 1 iii ArAP STORAGE ROOM , / 007 ► / 1 0 ,I.Epr I STORAGE I U P 1 % � . / 014 N / ! ,...: �� 0 07a . __ __4 / 1 11 A A 1:;: OO i i . or- .. I 0 ifj A 0 1.4 ,, .:. , .. rg CORRIDOR I`= 1 013 I L1 lir r' I 1 f lik � 1 / PROP STORAGE / 015 1 1 107 ERIE ST. Suite 2, PROJECT: DCN NO: DWN: CHK: APPROVED BY: 1 STTRA FO D, ONT. N5A2M5 KINCARDINE CENTRE FOR THE ARTS SMR PBM NHA/LW a PHONE 519 273 3205 FAX 519 273 7133 - RENOVATION D ATE OF ISSUE: FILE NO: PROJECT N0: 2015AUG24 15 - 4009A 15 - 4009 1 N 90 ALBERT ST -, CLIENT: CLIENT DWG NO: LONDON, ONT. N6A 1L8 MUNICIPALITY OF KINCARDINE N n PHONE 519 432 0000 FAX 519 432 1313 ENGINEERING 933 QUEEN ST -, DRAWING TITLE: DWG NO: REV: 0 A S S O C I A T E S I N C KINCARDINE, ONT. N2Z 2Y2 PARTIAL PROPOSED BASEMENT S KO 1 1 N Consulting Engineers PHONE 519 396 1000 FAX 519 396 1010 FLOOR PLAN 1 N ' ENGINEERING ASSOCIATES INC Vansutrf*t BHafMeegf 1 1 1 1 PROJECT SPECIFICATION 1 FOR 1 Kincardine Centre for the Arts Redevelopment ' 707 Queen Street, Kincardine, Ontario 1 1 1 Project Number: 15 -4009 1 ' Date: July 28, 2015 107 ERIE STRE €It SUt1E 2 STRATRTD OMARIO ' Rev 0 N-5.A 2M5 PFIC� IL 1 273 3205 FAX 51c 2737133 VVYA;.rugen9.00m 1 1 1 TABLE OF CONTENTS 00 01 10 .1 TABLE OF CONTENTS 1 .1 00 21 13 - Instruction to Bidders .2 00 41 13 - Bid Form .3 00 72 00 - General Conditions .4 00 73 00 - Supplementary Conditions .5 01 10 00 - Summary of Work .6 01 21 00 — Allowances .7 01 33 00 — Submittal Procedures 1 .8 01 55 00 - Temporary Facilities and Controls .9 01 60 00 - Material And Equipment 1 .10 01 77 00 - Closeout Procedures .11 03 20 00 - Concrete Reinforcement .12 03 30 00 - Cast -in -Place Concrete .13 04 05 19 - Masonry Reinforcement and Connectors .14 04 20 00 — Masonry .15 05 12 23 - Structural Steel for Buildings .16 05 31 00 - Steel Deck .17 05 50 00 - Metal Fabrication .18 06 10 10 - Rough Carpentry 1 .19 06 20 00 - Finished Carpentry .20 07 21 16 - Batt Insulation .21 07 21 19 - Foamed in Place Insulation .22 07 31 13 - Asphalt Shingles .23 07 62 00 - Sheet Metal Flashing and Trim 1 .24 07 92 10 - Joint Sealing .25 08 70 00 — Hardware NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V • Rev 0 1 ' TABLE OF CONTENTS 00 01 10 .26 08 11 14 — Metal Doors and Frames 1 .27 09 21 16 - Gypsum Board Assemblies .28 09 22 16 - Non Structural Steel Framing 1 .29 09 51 00 - Acoustical Ceilings .30 09 65 00 - Resilient Flooring .31 09 90 00 — Painting ' .32 10 22 13 - Wire Mesh Partitions .33 10 28 13 - Toilet Accessories 1 .34 21 05 01 - Basic Mechanical Requirements .35 22 13 17 - Plumbing Piping .36 22 42 01 - Plumbing Specialties .37 23 01 31 - Air Duct Cleaning and Access Doors 1 .38 23 05 13 - Motors ' .39 23 05 29 - Supports and Anchors .40 23 05 48 - Vibration Isolation ' .41 23 05 53 - Mechanical Identification .42 23 05 93 - Testing Adjusting and Balancing 1 .43 23 07 13 - Duct Insulation .44 23 07 15 - Piping Insulation 1 .45 23 23 00 - Refrigerant Piping and Specialties .46 23 31 13 - Ductwork 1 .47 23 33 00 - Ductwork Accessories ' .48 23 37 1 3- Air Outlets and Inlets .49 23 37 20 - Louvers ' .50 23 55 01 - Air Coils .51 23 73 11 - Air Handling Units .52 25 30 01 - Energy Management and Control Systems .53 26 05 01 - Electrical General Requirements ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 ' ' Rev 0 1 1 TABLE OF CONTENTS 00 01 10 .54 26 05 20 - Wire and Box Connections (0- 1000V) .55 26 05 21 - Wires and Cables (0- 1000V) 1 .56 26 05 28 - Grounding (Secondary) .57 26 05 29 - Hangers and Supports for Electrical Systems 1 .58 26 05 31 - Splitters, Junction, Pull Boxes, and Cabinets .59 26 05 32 - Outlet Boxes, Conduit Boxes, and Fittings .60 26 05 80 - Fractional Horse Power Motors .61 26 05 81 — Motors .62 26 24 17 - Panel Boards Breaker Type 1 .63 26 27 26 - Wiring Devices .64 26 28 14 - Fuses (Low Voltage) .65 26 28 21 - Moulded Case Circuit Breakers .66 26 28 23 - Disconnect Switches (Fused and Non - Fused) .67 26 29 01 — Contactors .68 26 29 10 - Motors Starter to 208V .69 26 50 00 — Lighting .70 28 13 28 - Building Control Raceways System .71 28 31 00 — Fire detection and alarm .72 31 22 00 — Grading .73 31 23 16 — Excavating .74 32 11 19 - Granular Sub -Base .75 32 13 15 - Concrete Walks Curbs and Gutters 1 .76 32 92 23 - Sodding 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Pk, Project 15 -4009 V Rev 0 1 INSTRUCTIONS TO BIDDERS 00 21 13 PART 1: GENERAL .1 TENDER DOCUMENT .2 BID BOND ' .3 EXAMINATION OF DOCUMENTS AND SITE .4 ABILITY AND EXPERIENCE OF TENDERERS .5 SUB - CONTRACTORS .6 ALTERNATIVES 1 .7 VALIDATION PERIOD .8 DEFINITIONS 1 .9 ADDENDA ' .10 INFORMAL .11 ACCEPTANCE OR REJECTION OF TENDERS .12 PROJECT CONTACTS 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 V `. Rev 0 1 1 INSTRUCTIONS TO BIDDERS 00 21 13 PART 1: GENERAL .1 TENDER DOCUMENT .1 Sealed bids marked "KINCARDINE CENTRE FOR THE ARTS REDEVELOPMENT," addressed to: Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, RR #5 Kincardine, Ontario N2Z 2X6 1 will be received up to: 2:00:00 p.m., Local Time, Wednesday, August 26, 2015 and opened publicly at the same location at: 2:15:00 p.m., Local Time, Wednesday, August 26, 2015 1 Each bid shall contain the full name of the party or parties bidding and the signature of the parties bidding shall be in their respective handwriting. .2 Bids must be submitted on the Tender Form provided and returned in the self- addressed envelope enclosed. .3 ALL BLANK SPACES ON THE TENDER FORM MUST BE FILLED IN. .4 The intent of this project is to supply the necessary labour, materials, equipment and services required to complete KINCARDINE CENTRE FOR THE ARTS REDEVELOPMENT as per attached General Conditions, Specifications and enclosed drawings. .5 Each Bidder must attend the mandatory site meeting, Tuesday, August 11, 2015 at 10:00 am for the proposed work before submitting his bid and must satisfy himself by personal examinations as to the local conditions to be met within completing the specified work. Bidders are requested to meet at: Kincardine Centre for the Arts, 707 Queen Street, Kincardine .6 The Contractor shall make their own estimate of the facilities and difficulties to be encountered and may not claim at any time after the submission of their bid that there was any misunderstanding of the terms and conditions of the Contract relating to the site conditions. 1 .7 No bid will be accepted from any company which has a claim or instituted a legal proceeding against the Corporation of the Municipality of Kincardine or against whom against the Corporation of the Municipality of Kincardine has a claim or instituted a legal NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 `° Rev0 1 1 INSTRUCTIONS TO BIDDERS 00 21 13 proceeding with respect to any previous contract, without prior approval by against the ' Corporation of the Municipality of Kincardine. .8 The lowest or any Bid will not necessarily be accepted. The Owner reserves the right to reject any or all bids, or to award the Contract to other than the bidder submitting the 1 lowest Bid, as in its' opinion may be for the best interest of the Owner. .9 Stipulated price quoted in the Tender Form is to include furnishing of all materials, and providing of all necessary labour, construction tools, equipment and transportation 1 services to complete all work required under this contract, whether specifically included in Contract Documents or not. 1 .10 It is the intention of the Drawings and Specifications to provide finished work. Any items omitted therefrom, which are clearly necessary for completion of the work, or its appurtenances, to be considered a portion of work though not directly specified and /or shown or called for in the tender documents. 1 .11 The Tenderer shall submit with their tender submission a list of proposed sub - contractors stating the portion of the work allocated to each. 1 .2 BID BOND 1 .1 The Bidder shall submit with their bid submission a bid bond or a certified cheque in the amount of 3% of the value of their bid submission. 1 .2 Bids not accompanied by bid security will be rejected. .3 Bid bond shall be the Canadian Construction Documents Committee (CCDC) standard form of bid bond, CCDC 220, 2002 edition. 1 .4 Bid bond shall be issued by a duly incorporated surety company authorized to transact business of suretyship in the Province of Ontario. .5 Bid bond must be properly executed by both Bidder and surety. .6 Bid bond may, upon request and at the Owner's discretion, be returned to unsuccessful 1 bidders. .7 If a Bidder whose bid is accepted by the Owner in writing, without qualification, and within the acceptance period specified in the Bid Documents, refuses or fails within 15 days 1 after the date of issuance of the written acceptance of the bid to sign a formal Agreement with the Owner for the performance of the Work, the Bidder shall be liable to the Owner for the difference in money between the amount of its bid and the greater amount for 1 which a contract for the Work is entered into with some other Bidder, up to the maximum amount of the bid security provided. .3 EXAMINATION OF DOCUMENTS AND SITE .1 Each Tenderer must examine the drawings, specifications and visit the site of the work 1 before submitting their tender. They must satisfy themselves by personal examination as to the local conditions to be met with during the construction and conduct of the work. They shall make their own estimates of the facilities and difficulties to be encountered in 1 NA Engineering Associates Inc. www.naeng.com *Mbe4k KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 V Rev O 1 1 INSTRUCTIONS TO BIDDERS 00 21 13 completing the work of this contract. They shall not claim at any time after submission of this Tender, that there was a misunderstanding of the terms and conditions relating to the site conditions. .2 No plea of ignorance of conditions that exist, or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this contract as a result of the failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of said Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation or any extension of time. .3 It is the responsibility of the Contractor to review and include all related work outlined and detailed on all drawings. If in doubt about the intent or scope of work, obtain clarification prior to tender submission. The latest edition of the drawings will be applicable. .4 ABILITY AND EXPERIENCE OF TENDERERS .1 No tender will be considered from any Tenderer who is not known to be skilled and regularly engaged in work of a character similar to that covered by the Drawings and Specifications. In order to aid the Owner in determining the qualifications and capability of any Tenderer, the Tenderer shall within 48 hours after being requested in writing by the Owner to do so, furnish evidence satisfactory to the Owner, of the Tenderer's experience and familiarity with work of character specified and their financial ability to execute properly the proposed work to completion within the specified time. Evidence requested may, without being limited thereto, include the following: .1 Tenderer's performance record with listing of work of similar character and size, which they have completed, giving names of Owners, dates, and contract costs. .2 A tabulation of other works now in progress; giving locations, types, sizes, required date of completion to date of each job. .3 An itemized list of the Tenderer's equipment available for use on the proposed Contract. 1 .4 Evidence that Tenderer is licensed to do business in the Province of Ontario, in the case of a Corporation organized under the laws of any other province or 1 country. .5 Such additional information as will satisfy the Owner that the Tenderer is adequately prepared to fulfill the Contract. .5 SUB - CONTRACTORS .1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to enter into contracts or written agreements with his sub - contractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract documents, and be as fully responsible to the Owner for acts and omissions of his Sub - contractors and of persons directly or indirectly employed by them as for acts and omissions of persons 1 directly employed by him. The Contractor therefore agrees that he will incorporate the NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V .. Rev 0 1 1 I 1 INSTRUCTIONS TO BIDDERS 00 21 13 I terms and conditions of the Contract Documents into all subcontract agreements he enters into with his Sub - contractors. I .2 Only one (1) sub - contractor is to be named for each part of the work to be sub -let. Non- compliance may void the tender. I .3 Where the contractor inserts such terms as "Own forces" for the work normally undertaken by a specialty trade contractor, the contractor if requested shall submit document evidence that he possesses the necessary equipment and skilled tradesmen to I undertake such work. .4 The contractor agrees to employ those sub - contractors proposed by him in writing and I accepted by the owner at the signing of the contract. 5 The Owner may, for reasonable cause, object to the use of a proposed sub - contractor and require the contractor to select another sub - contractor. I .6 Nothing contained in the contract documents shall create a contractual relationship between a sub - contractor and the owner. .6 ALTERNATIVES I .1 Alternatives in regards to materials or methods of application will be considered, provided quotations are given on the original intent. During the tendering period, alternative materials to those specified must be transmitted in writing with full descriptive data, and I will be considered if submitted at least five (5) days prior to closing date of tenders. .2 Approval of alternatives will be confirmed by issue of an addendum to the tender documents. I .3 Cost of additional work and modifications to the design due to the use of alternatives shall be borne by the contractor. I .7 VALIDATION PERIOD I .1 All tenders must be valid for 60 days after the closing date. I .8 DEFINITIONS .1 The term Owner means the "Corporation of the Municipality of Kincardine" 1 .2 The term Consultant means "NA Engineering Associates Incorporated." .3 Working day means days other than Saturdays, Sundays, and holidays which are I observed by the construction industry in the area of the place of work and include hours of day light only. I .4 For the purpose of this document, the terms "Tender" and "Tenderer" and considered to have the same meaning as "Bid" and "Bidder ". I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7'' Rev0 1 INSTRUCTIONS TO BIDDERS 00 21 13 .9 ADDENDA .1 If in doubt about the meaning or intent of any part of the tender documents, notify the 1 Consultant or Owner in writing during the tender period. If no questions are received, it will be assumed that the work is clearly defined and that tenderers are in no doubt as to the meaning or intent of the tender documents. 1 .2 If the Consultant and /or Owner should consider it necessary, a written addendum will be sent to each tenderer. Neither owner of consultant will be responsible for any oral instructions given tenderers, which have not been confirmed in writing. .3 Changes to tender documents communicated to tenderers in the form of a written addendum, are to be considered as an integral part of the tender documents. .4 No addenda will be issued after 48 hours from the time of closing of the bidding period. .10 INFORMAL 1 .1 Tender forms which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. .2 All blanks must be legibly and properly filled in or tender may be declared "informal ". 1 .11 ACCEPTANCE OR REJECTION OF TENDERS .1 A Tender is accepted by the Owner and a Contract is made thereby between the Owner and Tenderer only when a Contract Agreement is executed by the Owner and the Tenderer. .2 The Owner will not be responsible for any liabilities, costs, expenses, loss, or damages incurred, sustained or suffered by the Tenderer prior to, or non - acceptance of a Tender. .3 The Owner reserves the right to reject any or all Tenders and to waive formalities as the interests of the Owner may require, and the lowest or any Tender will not necessarily be accepted. .4 The lowest or any Bid will not necessarily be accepted. The Owner reserves the right to reject any or all bids, or to award the Contract to other than the bidder submitting the lowest Bid, as in its opinion may be for the best interest of the Owner. .5 Instances where an invited bid shall be rejected as unacceptable are: .1 Incomplete bids (all items put to tender are not bid). .2 Bids are not properly signed and dated. .3 Bids offered or received after the specified closing time. .4 Bids that contain restrictions placed on the goods or services, by the vendor. 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 ' INSTRUCTIONS TO BIDDERS 00 21 13 .5 Bids completed in pencil, rather than typed or written in ink. .6 Bids withdrawn by the bidder or his agent. .7 Bids with calculations not completed as per instructions. 1 .8 Bids completed on forms other than those supplied in the tender documents. .9 Bids submitted without the required documentation attached or completed, ie. Insurance, bonding, etc. .10 Bids where the bidder did not attend a mandatory site meeting. 1 .11 Bids where goods or services do not comply with called for specifications. .6 No facsimile or email bids will be accepted. 1 .12 PROJECT CONTACTS 1 .1 All matters regarding this project are to be directed by email to; Consultant: NA Engineering Associates Inc. Attention: Brad Miller bmiller @naeng.com 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS 11 v1/4 Project 15 -4009 Rev 0 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 SUBMIT TO: Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, RR #5 Kincardine, Ontario N2Z 2X6 Attention: Karen Kieffer, Director of Parks and Recreation Sealed tenders will be received not later than: 2:00:00 PM, Local Time, Wednesday, August 26, 2015 1 We, the undersigned of the City / Municipality of have examined the tender documents for the KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 including: Addendum No. dated Addendum No. dated 1 Addendum No. dated Addendum No. dated , Addendum No. dated 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 ' Rev 0 1 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 We will supply the necessary materials and services at the costs listed below to complete the scope of work outlined in the said documents. The total contract price is made up of the following prices: SUB -TOTAL CONTRACT PRICE (a) $ ' ALLOWANCES (b) $ 79,000.00 STIPULATED CONTRACT PRICE (incl. Allowances) (a +b) $ H.S.T. (13% OF CONTRACT PRICE) $ 1 TOTAL STIPULATED CONTRACT PRICE (including HST) $ 1 1 NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 Allowances 1 1.0 PROCEDURE .1 The express intent of this tender is that all Cash Allowances shall be carried by the Contractor, not by individual subcontractors. The Contractor shall include in his Tender all Cash Allowances called for in this Section. .2 No expenditure against Cash Allowances shall be made or 1 incurred except as instructed by the Consultant in writing. .3 Mark up for the Contractor's expense and profit will be allowed where individual specific purpose Cash Allowances are exceeded. .4 The amounts listed are deemed to be all inclusive but not to include Value Added Taxes (H.S.T.). 2.0 CASH ALLOWANCES .1 Include in Stipulated Contract Price the following specific Cash 1 Allowances to be expended in whole or in part only as directed by the Consultant. .1 Materials Testing and Inspection: $ 5,000 .2 Hardware: $23,000 1 .3 Signage: $ 1,000 .3 Contingency: $50,000 1 Total Allowances to be carried in the Stipulated Contract Price: $79,000 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com )114ttk Project 15 -4009 V Rev O 1 1 ' TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 1 The Stipulated Contract Price includes the cost of 100% Performance Bond and 50% Labour and Material Bond, all Permits, Insurance Premiums and all taxes on products and equipment. 1 (Dollars) 1 Including all applicable taxes as noted (including H.S.T.) Harmonized Sales Tax H.S.T.: $ 1 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, 111 Kincardine, Ontario REFERENCE NO: 15 -4009 The Owner reserves the right to accept or reject all or any part of this Tender and not ' necessarily accept the lowest or any of the prices submitted. Declarations: We hereby declare that: We agree to perform the work and attain Substantial Performance ' on /or before March 1, 2016. No person, firm, or corporation other than the undersigned has any interest in this Tender or in ' the proposed contract for which this tender is made. This Tender is open to acceptance for a period of sixty (60) days from the date of the closing. ' 1 1 Name and Title (please type or print in block letters) 1 Signature 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Wititk Project 15 -4009 V Rev 0 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 1 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 Signed, sealed and submitted for and on behalf of: Company: (Name) 1 (Street Address or Postal Box Number) (City, Province & Postal Code) (Apply Seal Above) (Telephone) (Facsimile Number) 1 Signature: 1 ' Name & Title: (Please print or type) 1 Witness: 1 Dated at this day of , 2015 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 The following is a listing of the sub - contractors to be employed on the work described above which, are identified below naming each subcontractor to be used in making up this Tender and stating the portion of work allocated to each. Subcontractor Portion of Work Telephone No. 1 Mechanical Electrical Insulation Masonry Gypsum Board 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 I TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION P707 Queen Street, Kincardine, Ontario 1 REFERENCE NO: 15 -4009 1 Note: Bonding Companies may submit the Agreement to Bond on their standard forms provided they I conform to the form below. AGREEMENT TO BOND 1 We, the undersigned, hereby agree to become bound as Surety for: in a Performance Bond totaling One Hundred Per Cent (100 %) of the contract amount and in a Labour and Materials Payment Bond totaling Fifty Per Cent (50 %) of the contract amount and I conforming to the Instruments of the Contract attached hereto, for the full and due performance and maintenance of the works shown and described herein, if the Contract for: KINCARDINE CENTRE FOR THE ARTS RENOVATION is accepted by the Owner. 1 It is a condition of this Agreement that if the above mentioned Contract is accepted, application for a Performance Bond and a Labour and Materials Payment Bond must be made to the I undersigned within thirty (30) days of the execution of the contract related thereto, otherwise this Agreement shall be null and void. DATED this day of , 2015 1 Name of Bonding Company 1 I Attorney -in -fact 1 I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 Rev 0 1 TENDER FORM 00 41 13 TENDER FOR: KINCARDINE CENTRE FOR THE ARTS RENOVATION 707 Queen Street, Kincardine, Ontario REFERENCE NO: 15 -4009 1 SEPARATE PRICES 1 Provide separate prices as follows to make the following changes to the Contract Price. The Owner may select any, all, or none of the separate prices below, at their discretion: Add Subtract 1. Omit the requirement for the removal of the existing boiler from the basement furnace room. Disconnect and decommission the boiler and leave it in the furnace room. $ 2. Omit completely the renovation work for the Staff Washroom, room number 008. 1 1 1 i NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 'f Rev 0 GENERAL CONDITIONS 72 G CO O S 00 00 PART 1: GENERAL ' .1 DEMOLITION .2 USE OF SITE AND FACILITIES ' .3 MANUFACTURER'S INSTRUCTIONS .4 HANDLING MATERIALS 1 .5 CUTTING, PATCHING, AND MAKING GOOD .6 EXAMINATION 1 .7 CLEAN UP .8 COORDINATION 1 .9 EQUIPMENT ' .10 LOADING .11 TIME OF COMPLETION ' .12 MINIMUM STANDARDS .13 TAXES 1 .14 FEES, PERMITS, CERTIFICATES .15 INSURANCE 1 .16 INDEMNIFICATION .17 WORKPLACE SAFETY INFORMATION BOARD STANDING 1 .18 PAYMENTS ' .19 RELEASE OF HOLDBACK .20 DOCUMENTS .21 ASBESTOS DISCOVERY .22 TERMINATION 1 .23 BONDS .24 CORPORATE STATEMENT - OCCUPATIONAL HEALTH AND SAFETY 1 .25 DOCUMENTS REQUIRED PRIOR TO AWARD OF CONTRACT ' NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V' Rev 0 1 GENERAL CONDITIONS 00 72 00 1 .26 DOCUMENTS REQUIRED PRIOR TO COMMENCEMENT OF WORK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Wkikk Project 15 -4009 Rev 0 1 1 I GENERAL CONDITIONS 00 72 00 PART 1: GENERAL 1 .1 DEMOLITION I .1 Except if expressly stated otherwise, materials indicated for removal become the Contractor's property and shall be promptly taken from the site. .2 USE OF SITE AND FACILITIES I .1 Execute work with the least amount of interference possible to normal use of the premises. I .2 Where security is reduced by work provide temporary means to maintain security. Maintain a proper fence around work and storage areas. .3 Protect work and the building interior from environmental damage temporarily until I permanent siding and enclosure is completed. .4 On completion of work, restore any affected building areas or other property damaged by result of work, to conditions found before commencement of the Contract Period, except I for items permanently altered by the terms of this Contract. .5 Contractor shall provide washroom facilities for own personnel. Arrangements may be I made with the Owner to use their facilities, but proper arrangements should be made prior to work commencing. I .3 MANUFACTURER'S INSTRUCTIONS .1 Unless otherwise specified, comply with manufacturer's latest printed instruction for materials and installation methods. I .4 HANDLING MATERIALS .1 Deliver and store materials in accordance with manufacturer's instructions. 1 .2 Store solvent based liquids away from excessive heat and open flames. .3 Contractors who use controlled products must ensure that their workers are properly I trained in the safe use and handling of such products in compliance with the Workplace Hazardous Materials Information System (WHMIS). .4 Comply with all requirements with respect to controlled products labeling and Material I Safety Data Sheets (MSDSs) according to the requirements of WHMIS and the Hazardous Products Act. I .5 CUTTING, PATCHING, AND MAKING GOOD I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V " Rev 0 GENERAL CONDITIONS 00 72 00 .1 Cut existing surface, as required, to accommodate new work. .2 Remove all items as shown or specified. 1 .3 Patch and make good all surfaces cut, damaged or disturbed, to Consultant's satisfaction. ' .6 EXAMINATION .1 Examine all surfaces to receive new snow fences, ice and water shield and heat cables. If additional corrective measures are necessary, report items to Consultant in writing. Surface shall be smooth, clean, and dry prior to installation of the materials. ' .7 CLEAN UP .1 Clean up as work progresses. .2 Upon completion remove scaffolding, temporary protections, and surplus materials. Make good any defects noted at this stage. .3 Clean areas affected under contract to a condition at least equal to that previously existing and to the satisfaction of the Consultant. .4 At the end of each work period and more often if ordered by the Consultant, remove debris from the site, neatly stack material for use and clean up generally. .8 COORDINATION .1 Study all documents that describe, or are related to any operation before commencement of that operation. Report discrepancies discovered between existing conditions and documentation. Obtain ruling on required interpretation before commencing the work. .2 Ensure that material, equipment, services, and operatives are brought to the site in sufficient quantity and in accordance with requirements of the work schedule. .9 EQUIPMENT .1 Provide and maintain equipment such as temporary stairs, ladders, ramps, scaffolds, swing stages, runways, chutes, safety rails, and the like, as required for execution of the work. , .2 Provide and maintain conveying equipment such as cranes, hoists, derricks, and the like, as required for execution of the work. .3 Assume complete responsibility for construction strength, placing, anchoring, and operation of derricks, cranes, hoists and other mechanical contrivances used for work; and ensure that loads carried thereon can safely be supported and be free from accidents to all persons. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 GENERAL CONDITIONS 00 72 00 .4 Have hoist capacities, with regard to anticipated loads, verified by a Professional ' Engineer, registered in the Province of Ontario. .5 Comply with all governing safety regulations in force at the time of construction. ' .6 Remove immediately such equipment when not required for work. .7 Provide and maintain, on site, suitable fire extinguishers in sufficient quantities, as required by the Safety Code. .10 LOADING .1 Take precautions to prevent the overloading of any part of the structure during progress of the work. Make good, at no expense to the Owner, any damage resulting from such 1 overloading. .11 TIME OF COMPLETION ' .1 The successful bidder is expected to be able to commence work within ten (10) days upon notification of acceptance of Tender, and complete the work within thirty (30) ' working days. .2 Completing this job in a timely fashion is of utmost importance to the Owner. The Contractor is expected to staff the project to prevent unnecessary delays in completion. Work must be completed by March 1, 2016. .3 It is imperative that some areas of the material installation are completed in a timely and reasonable manner. In the event of significant delays, the Owner / Consultant may request that the Contractor work weekends. The Owner / Consultant intend to provide adequate notice of any conditions which may result in the need for weekend work. .4 In the event of delay caused by strikes, on the part of the workmen employed, or by any act of the Owner, or from such other cause as, in the opinion of the Consultant, the Contractor cannot reasonably be held responsible for, or in the event of extra or ' additional work being ordered by the Consultant, the Consultant may allow such additional time for completion as he may deem fair and reasonable, providing the Contractor applies in writing for an extension of time at the time such delay occurs, or such extra or additional work is ordered, and satisfies the Consultant that he is justly entitled to a further time allowance. .12 MINIMUM STANDARDS ' .1 Materials shall be new, and work conform to, or exceed, the minimum applicable standards of the Canadian General Standards Board (CGSB), the Canadian Standards ' Association (CSA), or the Ontario Building Code. Latest editions at tender closing date and the most stringent conditions apply. .13 TAXES ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 GENERAL CONDITIONS 00 72 00 .1 Pay all applicable taxes levied by law (including Federal, Provincial, and Municipal) promptly. .2 The Harmonized Sales Tax (HST) is NOT to be considered an applicable tax for the purposes of this bid. The bidder shall therefore include separately any amount in the bid price for the said HST. In the event the HST does apply, the successful Contractor will indicate on each application for payment, as a separate amount, the appropriate HST the Owner is legally obliged to pay. The Contractor's HST registration number must be shown on all invoices. This amount will be paid to the Contractor in addition to the amount certified for payment under the contract and will therefore not affect the contract price. .14 FEES, PERMITS, CERTIFICATES .1 The Owner will obtain and pay for the Building Permit. .2 All other fees and permits are the responsibility of the Contractor. .3 Provide Authorities with plans and information for acceptance certificates. Furnish inspection certificates as evidence that work conforms to requirements of Authorities having jurisdiction. .15 INSURANCE , .1 The Contractor shall take out and maintain, during the life of the Contract, such Commercial General Liability and property damage insurance (construed as including Contractors Contingent or Protective Insurance) as shall protect him against claims for damages which may arise from operations under the Contract; whether such operations be by anyone directly or indirectly employed by him. .2 All insurance shall be carried with insurance companies authorized to do business in the Province of Ontario. .3 The Contractor shall be required to submit evidence of required insurance coverage, confirming the required coverage and policy's expiration date on attached Certificate of Insurance. 1 .4 Commercial General Liability Insurance .1 The policy shall name the Owner and the Consultant as additional insureds with limits of not less than two 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 $2,500.00. The form of this insurance shall be the latest edition of IBC 2100 or its equivalency and shall be maintained continuously from commencement of the work until the date of the Final Certificate of Completion of the work and with respect to completed operations coverage for a period of not less than twenty four (24) months from the date of Final Certificate of Completion or work. Should the Contractor decide to employ sub - contractors for operations requiring the use of explosives for blasting, or pile driving, or caisson work, or removal of weakening of support of property, building or land the XCU exclusion shall be removed. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 ' GENERAL CONDITIONS 00 72 00 .5 Non Owned Automobile Liability Policy 1 .1 Minimum Limits of Liability $2,000,000 and coverage must be extended to include vehicles hired under Contract. ' .6 The All Risks Property Insurance .1 Shall be in the joint names of the Contractor and the Municipality, shall have a limit of liability of not less than 100 percent of the value of the Contract. The form ' of this insurance shall be the latest edition of IBC Broad Form Builders Risk and/ or installation floater shall be maintained continuously until ten (10) days after the Final Certificate of Completion. .7 Standard Owners Automobile Liability Insurance .1 In respect of licensed vehicles owned, operated or hired shall have limits of not less than two million dollars. .16 INDEMNIFICATION .1 The Contractor shall indemnify and save and hold harmless the Owner and its employees ' from all actions, suites, claims and demands whatsoever which may arise directly or indirectly how so ever caused, save and except for damage caused by negligence of the Owner or its employees. ' .2 The Owner shall indemnify and hold harmless the Contractor, his agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings arising out the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of Work. 1 .17 WORKPLACE SAFETY INFORMATION BOARD STANDING .1 Prior to commencing the work, throughout the total performance of the work and prior to receiving final payment, the Contractor shall provide evidence of good standing with Workplace Safety Information Board of Ontario. .18 PAYMENTS .1 The Payment Request is to be addressed to the Owner, c/o NA Engineering Associates Inc., attention Brad Miller at bmiller @naeng.com 1 .2 Include the original invoices and the Contractor's HST registration number. .3 The Owner will provide all correspondence to NA Engineering Associates Inc., for ' approval and certification of payment. .4 Invoices are to be submitted where installation of the materials have been completed in ' full and must include the following documentation: .1 Original Invoice ' NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 GENERAL CONDITIONS 00 72 00 .2 Breakdown of invoice and progress calculation, in a mane acceptable to the consultant. .3 W.S.I.B. Certificate of Clearance .4 Statutory Declaration (except for the first invoice) .5 HST Registration Number .5 Upon completion and final inspection of the contracted work by the Owner and Consultant, the Contractor shall submit in addition to their claim for payment, the following documentation: .1 A statement of Work Place Safety Information Boards current standings. .2 Statutory Declaration to the fact that all lawful obligations and lawful claims against then, arising out of the execution of the work have been discharged and satisfied. Declaration shall be made on standard CCDC Document 9A. .3 Warranties as required and outlined within the specifications. .4 The Owner reserves the right to request additional documentation to support the request for payment. .19 RELEASE OF HOLDBACK .1 Application for release of holdback monies shall be made on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the place of work. .2 The Consultant, upon application by the Contractor, may issue a certificate for such release of holdback provided that no liens have been registered against the property in relation to this work. .20 DOCUMENTS .1 Keep one (1) copy of specifications, contract documents, and shop drawings on the site at all times. .21 ASBESTOS DISCOVERY .1 If during alteration or work existing asbestos material is discovered (eg. Fireproofing, acoustic or thermal insulation, pipe or tank covering) stop work and immediately notify Consultant. Do not remove any existing material containing asbestos fibres. .22 TERMINATION 1 .1 The Owner reserves the right to cancel this agreement upon any violation of this 1 agreement or the quality of work and /or performance of equipment. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 1 I GENERAL CONDITIONS 00 72 00 .23 BONDS I .1 Performance Bond: .1 The Tenderer agrees that he will furnish a contract performance bond in the I amount of 100% of the total tender price, using the most current Construction Documents Committee (CCDC) format. Such performance bond shall guarantee faithful performance of the Contract during the period of the Contract, including I the period of guaranteed maintenance. .2 Labour and Materials Payment Bond: I .1 This contract will require 50% Labour and Material Payment Bond. This form is to comply with the most current Canadian Construction Documents Committee (CCDC) format. I .3 Agreement to Bond .1 The tenderer shall include with his tender the Agreement to Bond in the form I enclosed herewith. Executed under its corporate seal by the surety company from which he proposed to obtain the bond. I .24 CORPORATE STATEMENT — OCCUPATIONAL HEALTH AND SAFETY .1 The Corporation of the Municipality of Kincardine is committed to ensuring that a high I standard of health and safety is provided and maintained for all employees, visitors, guests, contractors, agents and others on our premises. .2 The Contractor shall: I .1 Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation. This information I will be documented in a meeting where at least one representative of the municipality and contractor are in attendance. .2 Submit a copy of past accident records and Workers' Compensation Board I Number. .3 Include health and safety provisions in their management systems to reach and I maintain 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 at their place of work and wear appropriate personal protective I equipment as may be required. .5 Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. This proof may but is not limited to a copy of I the organization's own Health & Safety Policy, copies of training sessions, copies of logs documenting training /discussions. I .6 Must comply with Workplace Safety Insurance Board (WSIB) premiums. ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com )4b411P. Project 15 -4009 T Rev 0 1 GENERAL CONDITIONS 00 72 00 .7 The Contractor /Supplier shall sign -off on the corporate occupational health & safety form stating his agreement to comply. 1 .25 DOCUMENTS REQUIRED PRIOR TO AWARD OF CONTRACT .1 In accordance with Policy GG.2.17 Purchasing and Procurement the following information is required to be obtained prior to the final awarding of the contract to the successful bidder: .1 Clearance Certificate or Letter of Independent Contractor Status issued by the Workplace Safety Insurance Board (WSIB) directly to the Municipality .2 Certificate of Insurance naming the Municipality as an additional insured and evidencing Liability Insurance in an amount of not less than $2,000,000 ($2 Million) as well as showing all other types and limits of insurance issued by their broker /insurer directly to the Municipality (to be obtained upon each expiry .3 Signed copy of the Municipality of Kincardine Occupational Health & Safety Compliance form. .26 DOCUMENTS REQUIRED PRIOR TO COMMENCEMENT OF WORK .1 In accordance with Policy GG.2.17 Purchasing and Procurement, the following information is required to be obtained before work can commence /continue. Failure to provide this information will result in stoppage of work. .1 Clearance Certificate issued by the Workplace Safety Insurance Board (WSIB) directly to the municipality at intervals of 60 days from first issuance. .2 Certificate of Liability Insurance as above for the current policy and for each renewal period 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V• Rev0 1 1 1 SUPPLEMENTARY CONDITIONS 00 73 00 PART 1: GENERAL .1 GENERAL REQUIREMENTS .2 DEFINITIONS 1 .3 REVISIONS TO THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT 1 1 1 1 1 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 V Rev 0 1 1 SUPPLEMENTARY CONDITIONS 00 73 00 I PART 1: GENERAL .1 GENERAL REQUIREMENTS I .1 The Canadian Standard Construction Document CCDC 2 dated 2008 for Stipulated Price I Contract, amended and supplemented as set forth herein after, governs the Work and applies to every trade, division and section of the Work. .2 DEFINITIONS 1 .1 Definition 2, Contract Documents. In last line add the words "in writing" after "agreed I upon ". .2 Wherever the words "approved ", "satisfactory ", "as directed ", or similar words or phrases I are used in the specifications they shall be understood (unless the context otherwise provides), to mean that the material, method or item referred to shall be "approved by ", "satisfactory to" or "as directed by" the Consultant, unless otherwise noted. I .3 Contract Documents, shall also include the Instructions to Bidders and the completed Tender Form as submitted by the successful bidder. .4 Add to paragraph 13, PLACE OF THE WORK: The Place of the Work is also referred to 1 as the Site. .5 "Substantial Completion ", where used in the specifications shall have the same meaning I as "Substantial Performance of the Work" (item no. 20). .6 Wherever "Consultant" is used in the specification and where the context dictates, I "Consultant" shall refer to "NA Engineering Associates Inc." .7 Add new paragraphs: .1 SPECIFICATIONS AND DRAWINGS I .1 Specifications and drawing documents are referred to in the Contract I Documents as Specifications and Drawings or as Plans and Specifications. .2 MUNICIPALITY I .1 Municipality means the Municipality of Kincardine, including any of their departments or officials. I .3 PRIME SUBCONTRACTOR .1 Anyone who has a Subcontract for all or substantially all of the Work of I this Contract, or any amount greater than half of the Work of this Contract, is called a "Prime Subcontractor" and references in the Contract Documents to Subcontractors shall include subcontractors of any Prime Subcontractor. "Subcontract" and "Prime Subcontract" shall I have corresponding meanings. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS I www.naeng.com Project 15 -4009 IIIIII,SIN Rev 0 1 1 ' SUPPLEMENTARY CONDITIONS 00 73 00 .3 REVISIONS TO THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT 1 .1 Refer to Page 4, Article A -5 Payment, Clause 5.1. .1 In line 1, after the words "Contract Documents ", add "including without limitation Clause G.C. 13 ". .2 In line 3, after "subject to a holdback of... ", add: "ten percent (10 %) ". .2 Refer to Clause 5.3. .1 After "...interest at" add the words "current prime rate of the Toronto- Dominion 1 Bank." .3 GC 1.1 CONTRACT DOCUMENTS 1 .1 Add the following to Paragraph GC 1.1 of the CCDC 2, 2008: .1 If the Contractor believes that there is some discrepancy, omission, error ' or departure from the applicable By -Laws in the Contract documents or Consultant's instructions, he shall immediately cease work on the portion affected until resolved with the Consultant and instructed to proceed. .2 Change GC 1.1.8 to read: .1 The General Contractor will be provided with one set of plans and ' specifications in "pdf" format. Hard copies will not be provided. 4 GC 3.8 LABOUR AND PRODUCTS . 1 Add the following new Paragraphs to GC 3.8 of CCDC 2, 2008: .1 3.8.4 Only specified materials or articles, or substitutes accepted in ' writing, will be permitted in the work. Unspecified materials or rejected alternates if built into the work without prior approval shall be replaced with the specified or accepted material at no additional cost to the Owner. 1 .2 The General and all Subcontractors involved in this Contract must include for and pay the full scale of fair wages as may be recognized in the locality for all trades involved and shall observe all recognized 1 conditions of employment, hours of work, etc. .3 3.8.5 Descriptions of materials and work in the Contract Documents ' which have well known technical or trade meanings shall be held to refer to such recognized standards. .5 GC 3.10 SHOP DRAWINGS 1 .1 Add the following new Paragraphs to GC 3.10 of CCDC 2, 2008: ' .1 3.10.13 The Contractor shall submit a "pdf set of all required shop drawings to the Consultant, unless otherwise specified. The Contractor shall check, correct, date, stamp reviewed and sign all shop drawings before submission to the Consultant. The Consultant's examination is ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 V ' Rev 0 1 SUPPLEMENTARY CONDITIONS 00 73 00 for general arrangement only, and review does not relieve the Contractor of responsibility for errors, omissions, or conforming to the Contract documents. .2 Copies of all reviewed shop drawings shall be kept on the site in a neat orderly condition. Only copies marked with the Consultant's review stamp shall be permitted on the site. .3 Written notice of deviations to the shop drawings shall be made separately to the Consultant, requesting approval of such deviations, and such approval by the Consultant shall be valid only if made in writing separately from the shop drawings. .4 3.10.14 If any drawings and details are g e submitted without the Contractor's executed stamp of approval, or if it is evident (despite the stamp) that the drawings and details have not been checked by the Contractor, such drawings and details will not be considered and will be returned to the Contractor for checking and resubmission. In such event, it will be deemed that the Contractor has not complied with the requirements of this General Condition, and the Contractor shall be held fully responsible for all delays to the same extent as if no drawings or details had been submitted. If the Owner or Consultant considers drawings and details in such circumstances, it shall not be deemed to have waived any rights with respect to those drawings and details or future drawings and details. The Owner and Consultant shall not be responsible for ensuring that drawings and details are submitted with the Contractor's executed stamp of approval or are checked by the Contractor. .5 3.10.15 The submission of such drawings and details (in both the original submission and when re- submitted with corrections, if required) shall constitute conclusive evidence that the Contractor has checked all information thereon. No claim for an extra to the Contract shall be based on work shown on shop, setting, and erection drawings and details unless such claim is clearly stated in the Contractor's transmittal letter accompanying such drawings and details and GCs 6.1, 6.2 or 6.3 are complied with, as applicable. .6 3.10.16 Shop drawings and all other drawings, plans, specifications, models, alternatives, suggestions, ideas and similar contributions by the Contractor to the design and execution of the Work, whether before or after execution of the Agreement between the Owner and the Contractor, shall not be considered proprietary information and may be used by the Owner in the execution of the Work and any subsequent renovation, reconstruction, addition or other work on the Site, whether or not an Agreement is executed with the Contractor or subsequently terminated, all without any compensation to the Contractor. The Owner is hereby granted an irrevocable fully paid perpetual exclusive license to use such materials for such purposes (including the right to show the foregoing to prospective lenders, appraisers or other persons and to assign such license to any mortgagee or subsequent owner of the Site with or without any specific assignment document). The Contractor warrants that it has full right power and authority to grant the foregoing license either because such materials are the Contractor's property or because it has obtained adequate rights from the architects, engineers or other parties who have prepared them, or any other person owning any patent, NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Wit4A Project 15 -4009 V Rev 0 1 SUPPLEMENTARY CONDITIONS 00 73 00 I copyright or other right with respect to anything incorporated in such materials. I .6 GC 3.11 USE OF THE WORK I .1 Amend Paragraph GC 3.11 of CCDC 2, 2008 as follows: .1 In paragraph 3.11.1 change "Work" to "premises ". 1 .2 Add the following new Paragraphs to GC 3.11 of CCDC 2, 2008: .3 3.11.3 As used in paragraph 3.11.1, the "premises" means the work Site area and access thereto as shown on Drawings, or as designated by the 1 Consultant. .4 3.11.4 The Contractor shall ensure that electrical, water and all services I to the Place of the Work or the buildings on it are not interrupted except as provided in the specifications, or as may be approved by the Consultant or Owner. .5 3.11.5 The Contractor will cause any security rules established by the Owner to be followed in all respects. I .7 GC 3.12 CUTTING AND REMEDIAL WORK .1 Add the following new Paragraphs to GC 3.12 of CCDC 2, 2008: I .2 3.12.5 The Contractor shall coordinate and schedule the work so items are built in as the work progresses, if applicable. .3 3.12.6 Where specified, the Subcontractor shall be responsible for cutting in I connection with his own trade. Ensure that such cutting is kept to a minimum. .4 3.12.7 Make cuts with clean, true, smooth edges. Make patches invisible in final I assembly. .5 3.12.8 Ensure correct location and installation of openings, sleeves, inserts, etc. 1 .8 GC 3.13 CLEANUP .1 Add the following to Paragraph 3.13.2 of CCDC 2, 2008: I .1 The Contractor will make good all curbs and other works giving access to the Site and wash away and remove all construction debris from the roads within and giving access to the Site. 1 .9 GC 4.1 CASH ALLOWANCES .1 Delete Paragraph 4.1.4 of CCDC 2, 2008, and insert: I .1 4.1.4 Where costs incurred under all cash allowances exceed the total of all the allowances, the Contractor shall be compensated for any excess I incurred and substantiated, plus a percentage of the excess as a fee for overhead and profit, as determined under the Specifications. To the extent that the method of calculation of cost and the percentage fee for I NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 SUPPLEMENTARY CONDITIONS 00 73 00 overhead and profit are not dealt with in the Specifications, they shall be determined in the same manner as Change Directives under GC 6.3, as amended by the Supplementary Conditions. .2 Add the following new Paragraphs to GC 4.1 of CCDC 2, 2008: .1 4.1.8 Upon request, the Contractor shall submit to the Consultant and the Owner as required, before submission of the final application for payment, certified copies of all invoices and statements from the Suppliers furnishing materials, equipment, etc., purchased under the cash allowances. Where a cash allowance covers a Subcontract, the Consultant shall call tenders for that part of the Work. Alternatively, the Consultant may elect to have the Contractor call tenders and submit the results to the Consultant with the Contractor's recommendations, for the approval of the Owner. In either case the invited bidders shall be mutually approved by the Contractor and the Consultant and the Contractor shall then enter into a Subcontract with the Bidder selected by 1 the Owner. .2 4.1.9 Should the total amount expended on work and materials covered by cash allowances be less than the total of all allowances, then the Contractor shall not be entitled to the unexpended portions, but it shall not be required to rebate any overhead or profit it may be carrying on the unexpended portions. .3 4.1.10 The Consultant may direct the Contractor to tender work for which payment is made from a cash allowance. .10 GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER .1 Delete Paragraph GC 5.1 of CCDC 2, 2008. .11 GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 1 .1 Add the following to Paragraph GC 5.2 of CCDC 2, 2008: .1 The Contractor shall submit an application for each payment on an acceptable form, and if requested, receipts or other vouchers showing his payments for labour and materials, and payments to Subcontractors. He shall submit receipts or vouchers showing payment for materials on the site but not yet incorporated in the work, and for any other liability for which the Contractor is responsible and which, if not paid, might become the responsibility of the Owner. 1 .2 No payment will be approved for any amount requiring receipts or vouchers unless they are provided, if such receipts or vouchers are requested. All documents accompanying requests for payment or Change Orders shall be in duplicate. .2 Add the following new Paragraph 5.2.8: .1 The Contractor shall submit with each application for payment a Statutory Declaration in a form satisfactory to the Consultant that all accounts for labour, subcontracts, products, construction, machinery and equipment and other indebtedness incurred by the Contractor to the last NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com p il y % Project 15 -4009 Rev 0 1 I SUPPLEMENTARY CONDITIONS 00 73 00 day of the agreed monthly payment period have been paid in full, excepting only holdbacks. I .2 After site review for Substantial Performance and when applying for release of the holdback, if requested by the Consultant, the Contractor I shall submit to the Consultant an acceptable declaration signed by the Contractor and stating that "all material, work and services in connection with the Contract have been paid in full and no liens do or can exist ". I .3 With the request for each payment, submit a "Certificate of Clearance" from the Workplace Safety & Insurance Board, covering the status of the General Contractor. I .12 GC 5.3 PROGRESS PAYMENT .1 Add new Paragraph 5.3.2 of CCDC 2, 2008, as follows: I .1 5.3.3 The Contractor shall provide a claim for payment each month to the Consultant. The claim shall be delivered at least two (2) working days prior to a Site meeting at which it will be reviewed with representatives of I the Contractor, the Owner, and the Consultant. The claim for payment shall show the proportionate value of the work completed to date, from which shall be deducted a retention of ten percent as a holdback (less I any portion of the holdback previously released) and all previous payments. Based on its examination of such claim for payment and the meeting, the Consultant shall issue a certificate for payment. The Owner shall have the option, if it sees fit, to make progress payments or I payments of holdback by cheque jointly to the Contractor and any of its Subcontractors, sub - subcontractors, trade contractors, workers or Suppliers, or directly to such parties, and amounts so paid shall be considered to have been paid to the Contractor. I .13 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK I .1 Amend Paragraph GC 5.4 of CCDC 2, 2008, as follows: .1 Where the holdback of a Subcontractor has been released prior to Substantial Performance of the work, the Contractor shall protect the I work of the Subcontractor pending completion of the entire work and shall correct any deficiencies or defects in it regardless of whether they were apparent when the holdback was released. This is without in any way limiting the Contractor's general obligation to protect the Work. I .14 GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK I .1 Amend Paragraph GC 5.5 of CCDC 2, 2008, as follows: .1 Delete paragraph 5.5.3. I .15 GC 5.10 I .16 GC 6.2 CHANGE ORDER .1 Amend Paragraph 6.2.1 as follows of CCDC 2, 2008: I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 SUPPLEMENTARY CONDITIONS 00 73 00 .1 In the second line, after the word "Consultant" add the words "within two weeks of receiving such instructions," .2 Add the following to Paragraph 6.2.1 of CCDC 2, 2008: .1 No claim for payment or extension or reduction of Contract Time shall be 1 valid unless a Change Order is signed by the Owner. .3 Add the following to Paragraph 6.2.2 of CCDC 2, 2008: .1 No claim for extension or reduction of Contract Time in connection with a change in the Work that is the subject of a Change Order shall be considered unless included in the Change Order. .4 Add the following new Paragraph 6.2.3: .1 6.2.3 If the Contractor claims that any instruction by drawings or otherwise involves extra cost under this Contract, he shall give the Consultant written notice thereof before proceeding to execute the work, and in any event within two weeks of receiving such instructions, except in emergency endangering life or property. No such claims will be valid unless so made. .5 Add the following new Paragraph 6.2.4: .1 6.2.4 The calculation of costs for Change Orders shall be as per Section GC 6.3, and amendments. .17 GC 6.3 CHANGE DIRECTIVE .1 Add the following new Paragraph 6.3.3A to GC 6.3 of CCDC 2, 2008: .1 Where Unit Prices have been established in the Contract or accepted Bid, the Unit Prices shall be used to determine the value of any change. The unit prices shall apply only to the net change in quantities of each kind of unit in any one contemplated change notice. The cost of any additions or deletions to the contract shall be based on such unit prices without any addition for overhead or profit. .2 Add the following to Paragraph 6.3.7.1 of CCDC 2, 2008: .1 Such salaries, wages and benefits shall be included only for the portion of the calculation period that such personnel are actually engaged on the work attributable to the Change Directive. .3 Delete Paragraph 6.3.7.3 of CCDC 2, 2008. .4 Insert a new Paragraph GC 6.3.14: .1 Cost of expending and savings mentioned in 6.3.7 shall be the actual cost to whoever performs the work (subject to paragraph 3). No additional percentage fee or markup shall be allowed for any overhead or profit of any prime, superior or other Subcontractor or of the Contractor except as stated in this paragraph 6.3.14, as follows: NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 Rev 0 1 1 ' SUPPLEMENTARY CONDITIONS 00 73 00 .1 The percentage fee shall cover and compensate all parties for ' both overhead and profit. .2 The percentage used shall be ten percent (10 %) if the work is performed by the Contractor's own forces; or fifteen percent (15 %) if the work is performed by the forces of a Subcontractor, sub - subcontractor or lower level of subcontractor; of this five percent (5 %) shall be kept by the Contractor and the remainder shall be paid by it to the Subcontractor. ' .3 To calculate the percentage fee, the percentage determined under paragraph (2) shall be multiplied by the adjusted cost. ' The adjusted cost shall be determined be deducting from the actual cost, determined as set out above, all taxes, tipping fees, permit fees, payments to municipalities or authorities and similar charges that were included in the actual cost. 1 .4 Despite anything in Part 6 the Owner shall be entitled to credit calculated on the same basis as is set out above, using the same percentages, for any savings or reductions in the Work ' implemented by any Change Directive. No percentage shall be added to the actual cost of the total deletions by Change Directive if they are in excess of the total additions by Change ' Directive during the course of the performance of the Work. This shall be determined after completion of the Work and all necessary readjusting payments shall be made. ' .18 GC 6.5 DELAYS .1 In each of paragraphs 6.5.1 and 6.5.2 delete the last sentence. 1 .19 GC 7.2 CONTRACTOR'S SUSPEND THE WORK OR TERMINATE THE CONTRACT .1 Delete Paragraphs 7.2.1 & 7.2.2 to GC 7.2 of CCDC 2, 2008. 1 .2 Delete Paragraph 7.2.3.1. .3 Add to Paragraph 7.2.3 to GC 7.2 of CCDC 2, 2008: ' .1 The Owner shall not be in default when it withholds certificates or payments, or both, because of the Contractor's failure to promptly pay all ' legitimate claims or amounts owing, or because of the registration or receipt of notice of liens against the Owner's property, or because of receipt of notice of trust fund claims under the Construction Lien Act, or because the supplier of any products has retained title to the products, ' until such claims, notices or liens are paid and discharged and title to such products vests in the Owner. .20 GC 8.1 AUTHORITY OF THE CONSULTANT 1 .1 Delete Paragraph 8.1.2 to GC 8.1 of CCDC 2, 2008. .2 Add the following new Paragraph 8.1.4 to GC 8.1 of CCDC 2, 2008: NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev O 1 1 SUPPLEMENTARY CONDITIONS 00 73 00 .1 The findings of the Consultant are accepted by the parties unless one of the parties commences legal action. .21 GC 8.2 NEGOTIATION, MEDIATION, AND ARBITRATION 1 .1 Delete Paragraphs 8.2.1, 8.2.4, 8.2.5, 8.2.6, 8.2.7 & 8.2.8 to GC 8.2 of CCDC 2, 1 2008. .22 GC 9.1 PROTECTION OF WORK AND PROPERTY .1 Add the following new Paragraph 9.1.5 to GC 9.1 of CCDC 2, 2008: 1 .1 Should construction be closed down for any cause, the Contractor shall assume all responsibility for protecting the Work during such period. .23 GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES .1 Delete Paragraphs 9.2.1 to 9.2.9 inclusive, and insert the following: 1 .1 9.3.1 The Contractor shall comply in all respects with all relevant provisions of the Occupational Health and Safety Act. The Contractor shall perform all obligations under that Act and indemnify and save the Owner harmless with respect to any claim, demand, act or failure to act under that Act, (including payment of any fine that may be imposed). The Contractor shall promptly notify the Consultant and the Owner of any possible breach of that Act, which comes to the Contractor's attention. Without limiting the above, the Contractor shall ensure that each prospective subcontractor has received a copy of any list prepared under subsection 30 (1) of the Occupational Health and Safety Act before entering into a binding contract. .24 GC 10.2 LAWS, NOTICES, PERMITS AND FEES .1 Add the following to Paragraph GC 10.2 of CCDC 2, 2008: .1 The General Contractor shall pick up the Building Permit and shall apply for; secure, and pay for all other necessary permits, fees and inspections required by all authorities having jurisdiction, and shall pay for all deposits required by governing authorities. .2 The Contractor shall comply with all by -laws, ordinances, and safety requirements of all authorities having jurisdiction, and shall take on all responsibilities pertaining to all permits. .2 Add to Paragraph 10.2.2: .1 In the performance of the Work the Contractor will fulfill all requirements of the Municipality or any utility or other authority with jurisdiction and will give any necessary security for the performance of the Work to such authorities, and will co- ordinate the work of any utility or other authority (whether on or off the Site) with the Work of this Contract and avoid any extra cost to the Owner. Without limiting the generality of the foregoing, the Contractor will provide all letters of credit, bonds or other security as may be required by the Municipality or any utility or other authority. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com 1111/4 Project 15 -4009 7 Rev 0 1 ' SUPPLEMENTARY CONDITIONS 00 73 00 .25 GC 11.1 INSURANCE 1 .1 Add the following new Paragraph 11.1.6 to GC 11.1 of CCDC 2, 2008: .1 The Certificate of Insurance shall list the Consultant and Owner as ' additional insured parties. .26 GC 11.2 CONTRACT SECURITY 1 .1 Delete paragraph 11.2.1 and substitute: .1 Prior to the commencement of the Work the Contractor shall provide the ' Owner with a Performance Bond and a Labour and Materials Payment Bond each in an amount equal to fifty percent (50 %) of the Contract Price. The Performance Bond shall be maintained at its full original value and shall permit claims by the Owner for two (2) years from the ' date on which final payment under the Contract falls due. .2 Add the following new Paragraph 11.2.3 to GC 11.2 of CCDC 2, 2008: ' .1 11.2.3 The Bid Bond, 50% Performance Bond, and 50% Labour and Materials Bond shall be provided and paid for by the Contractor at the Contractor's expense. .27 GC 12.3 WARRANTY .1 Delete paragraphs 12.3.2 and 12.3.3 and substitute: ' .1 12.3.2 Subject, to paragraph 12.3.1, the Contractor agrees to correct promptly at its own expense all defects or deficiencies in the Work which ' appear prior to and during the period of one year from the Substantial Performance Date, and defects permitting water penetration, defects in exterior cladding and defects in the electrical, plumbing and heating delivery and distribution systems which appear prior to and during the ' period of two years from the Substantial Performance Date and structural defects which appear prior to and during the period of two years from the Substantial Performance Date, or such longer periods as may be specified in the Contract Documents for certain products or work. Notwithstanding the foregoing, with respect to any parts of the Work that are incomplete or deficient on the Substantial Performance Date (whether or not within the knowledge of the Owner, Consultant or ' Contractor), the warranty period shall commence on the later of Total Performance of the Work or the date of completion or correction. In the event of any breakdown in the electrical, mechanical or other systems, or in case of emergency, the Contractor shall provide immediate service on ' a 24 hour per day basis. In other cases the Contractor shall promptly correct any reported defect or deficiency within a reasonable period of time. ' .2 12.3.3 The Owner or Consultant shall notify the Contractor of observed defects and deficiencies within a reasonable time after observing them. .2 Add the following new paragraphs: ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 Rev 0 1 SUPPLEMENTARY CONDITIONS 00 73 00 .1 12.3.7 Nothing in this GC 12.3 or elsewhere in the Contract Documents shall relieve the Contractor from responsibility for faulty materials or work which appear after the warranty periods set out in this GC or elsewhere in the Contract Documents and the Contractor shall remain fully responsible for any costs, damages or expenses of the Owner resulting from faulty materials or work. .2 12.3.8 The Contractor shall deliver any additional guarantees or warranties required by the Contract Documents in form and content acceptable to the Owner and the Consultant. Failure to do so, or the wording of any such written guarantee or warranty, shall not detract from the obligations of the Contractor or anyone else under the Contract Documents. .28 Add the following new General Conditions: .1 GC 13 TAKE -OVER PROCEDURES .1 13.1 Recommended procedures contained in OAA /OGCA document No. 100 dated April, 1997 shall be in effect except that where "days" or "calendar days" are referred to in document No. 100 change to read "working days ". Where procedures in document No. 100 are at variance with instructions in the Contract Documents, then the latter shall govern. .2 13.2 The project having attained Substantial Performance shall be agreed upon by the Contractor, the Consultant and Owner's representative and certified in the prescribed form. The Contractor shall thereupon, publish a copy of the certificate in the Daily Commercial News, as stipulated under the Construction Lien Act. Costs of publishing the Certificate shall be borne by the Contractor. .3 13.3 The Contractor shall within seven (7) days of the day the certificate is published, give notice of publication to the Owner and the Consultant, and shall furnish the Consultant with a "Certificate of Publication" before payment of the holdback will be approved. 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 1 SUMMARY OF WORK 01 10 00 1 PART 1: GENERAL ' .1 PHASING OF WORK .2 SUMMARY OF WORK INCLUDED IN THIS CONTRACT ' .3 SUMMARY OF WORK NOT INCLUDED IN THIS CONTRACT .4 RESTRICTIONS TO SITE AVAILABILITY 1 PART 2: PRODUCTS 1 PART 3: EXECUTION 1 1 1 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. www.naeng.com KINCARDINE CENTRE FOR THE ARTS Project 15 -4009 7 ` Rev 0 1 1 SUMMARY OF WORK 01 10 00 PART 1: GENERAL .1 PHASING OF WORK .1 The Drawings and Specifications represent the total sum of renovations that are planned for this property in the coming years. THIS CONTRACT DOES NOT INCLUDE ALL OF THE WORK THAT IS INDICATED IN THESE DOCUMENTS. .2 The portions of the work that are included in this Scope of Work are denoted on the 1 drawings as such. .3 It is the intent of this contract to include any preparatory work that would assist in the construction of the future portions of work, such as installation of electrical conduit, stubbing of services, etc. .2 SUMMARY OF WORK INCLUDED IN THIS CONTRACT 111 .1 The following items represent a summary list of work included and are not intended to be inclusive: .1 Basement Level: .1 Insulation and repair of selected perimeter walls. .2 Replace existing HVAC equipment in north section. 1 .3 Add new HVAC equipment in south section. .4 Demolish boiler and related fuel tank. .5 New flooring and paint in selected areas. .6 Renovate existing staff washroom, number 008. .7 Replace existing lighting in the north section. .8 Assorted gypsum board wall repairs and adjustments. .9 New fire alarm devices and fire alarm panel. 1 .2 Main Floor Level: .1 Two new public washrooms at the east side of the building, including 1 exterior sidewalk access. .2 New storage areas adjacent to new public washrooms. .3 New HVAC unit to service second floor auditorium. .4 Installation of fire spray in Theatre Guild Set Storage, Room 115. 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 Rev 0 1 I SUMMARY OF WORK 01 10 00 .5 New fire alarm annunciator panel. 1 .2 Second Floor Level: .1 Demolition of existing air conditioning equipment. 1 .2 New HVAC duct distribution for auditorium space. 1 .3 SUMMARY OF WORK NOT INCLUDED IN THIS CONTRACT .1 The following items represent a summary list of work that it to be complete in the future I and is NOT included in this contract. This list is not intended to be inclusive. .1 Basement Level: 1 .1 None. .2 Main Floor Level: I .1 Renovations to two public washrooms near front lobby. .2 Demolition of interior walls and ceiling in the Scougall Gallery area. I .3 New kitchenette and new theatre office. New finishes and lighting in Scougall Gallery. 1 .4 Enclosure of rear access stair. .5 Creation of new janitor room. I .6 New fire alarm devices. I .3 Second Floor Level: .1 Renovations to existing backstage washroom. I .2 New coat rack in elevator vestibule. .3 New fire alarm devices and fire alarm panel. 1 .4 RESTRICTIONS TO SITE AVAILABILITY I .1 The north half of the basement (dressing and make -up rooms) and the entire second floor of the building will need to be occupied by the Owner from November 8 to December 8 2015 and February 8 -26, 2016. The Contractor will be required to schedule I their work to accommodate this requirement. Prior to November 8 and between December 9 2015 and February 7, 2016, the Contractor will be required to complete work in the building such that an Occupancy Permit can be provided by the municipality. 1 1 NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 y Rev 0 1 1 SUMMARY OF WORK 01 10 00 1 PART 2: PRODUCTS Not applicable. PART 3: EXECUTION 1 Not applicable. 1 1 1 1 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 ALLOWANCES 01 21 00 1 PART 1: GENERAL ' .1 REFERENCES .2 CASH ALLOWANCES .3 CONTINGENCY ALLOWANCE PART 2: PRODUCTS 1 PART 3: EXECUTION 1 1 1 1 1 1 �1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 1 ALLOWANCES 01 21 00 PART 1: GENERAL .1 REFERENCES .1 Canadian Construction Documents Committee (CCDC) 1 .2 CCDC 2 - 2008, Stipulated Price Contract. .3 Project Supplementary Conditions .2 CASH ALLOWANCES .1 Refer to CCDC 2, GC 4.1 and SGC 4.1. .2 Include in Contract Price specified cash allowances. .3 Cash allowances, unless otherwise specified, cover net cost to Contractor of services, products, construction machinery and equipment, freight, handling, unloading, storage, installation and other authorized expenses incurred in performing Work. .4 Contract Price, and not cash allowance, includes Contractor's overhead and profit in connection with such cash allowance. .5 Contract Price will be adjusted by written order to provide for excess or deficit to each cash allowance. .6 Where costs under a cash allowance exceed amount of allowance, Contractor will be compensated for excess incurred and substantiated plus allowance for overhead and profit as set out in Contract Documents. .7 Include progress payments on accounts of work authorized under cash allowances in Consultant's monthly certificate for payment. .8 Prepare schedule jointly with Consultant to show when items called for under cash allowances must be authorized by Consultant for ordering purposes so that progress of Work will not be delayed. .9 Amount of each allowance, for Work specified in respective specification Sections is as follows: 1 .1 Include allowance of $5,000.00 for testing and inspection services. .2 Include allowance of $23,000.00 for purchase and installation of hardware. 1 .3 Include an allowance of $1,000.00 for supply and installation of signage. .3 CONTINGENCY ALLOWANCE 1 .1 Include in Contract Price contingency allowance of $50,000.00. 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 7 Rev 0 1 1 1 ALLOWANCES 01 21 00 .2 Do not include in Contract Price, additional contingency allowances for products, installation, overhead or profit. .3 Expenditures under contingency allowance will be authorized in accordance with procedures provided in CCDC 2, GC 6.1 - Changes CCDC 2, 6.2 Change Order and 1 CCDC 2, 6.3 Change Directive. PART 2: PRODUCTS 1 .1 NOT USED 1 PART 3: EXECUTION .1 NOT USED 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 SUBMITTAL PROCEDURES 01 33 00 1 PART 1: GENERAL 1 .1 ADMINISTRATIVE .2 SAMPLES 1 .3 AS -BUILT DRAWINGS AND SPECIFICATIONS .4 SHOP DRAWINGS AND PRODUCT DATA PART 2: PRODUCTS ' PART 3: EXECUTION 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com L Project 15 -4009 T Rev 0 1 I SUBMITTAL PROCEDURES 01 33 00 PART 1: GENERAL I .1 ADMINISTRATIVE 1 .1 Submit with reasonable promptness and in an orderly sequence so as to not cause delay in the work. Failure to submit in ample time is not considered sufficient reason for an extension of contract time and no claim for extension by reason of such default will be 1 allowed. .2 The Contractor shall allow the following review period by the Consultant for all submittals. This period shall commence on the date submittals are received by the Consultant: I .1 Five working days for all work requiring the review of only the Consultant. I .2 Ten working days for all reviews for all other submittals. .3 At the Consultant's option, specific items for review of other items may be sent directly to them to speed the construction process. These concerns should be discussed with the I Consultants before the construction schedule is finalized. .4 Work affected by the submittal shall not proceed until review is complete. 1 .5 Submittals not stamped, signed, dated and identified as to the specific project will be returned without being examined and shall be considered rejected. No extension of the contract schedule will be permitted as a result of rejection of any submittal. I .6 Verify field measurements and coordinate with affected adjacent work. I .7 Contractor's responsibility for errors, omissions or deviations from requirements of Contract Documents is not relieved by any review by the Consultant. .8 Keep one reviewed copy of each submission on site at all times. I .9 Submit to Departmental Representative for review submittals identified in the contract documents. Submittals are to be issued promptly and in an orderly sequence as to not cause delay in Work. The Contractor will prepare, update and maintain a submittal 1 schedule /registrar which will include: .1 A complete listing of all required project submittals. 1 .2 Submittal ID. .3 Corresponding Specification Section reference. I .4 Submittal due date and timeline. I .5 Date of first issue. .6 Associated revision dates and a summary of the modifications made. I .7 Current status. I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com ' Project 15-4 00 SUBMITTAL PROCEDURES 01 33 00 .10 The Contractor will provide an updated version of the submittal schedule/registrar to the Consultant during bi- weekly progress meetings. .2 SAMPLES .1 Submit for review samples in duplicate as requested in respective specification sections. Label samples as to origin and intended use in the work. .2 Deliver samples prepaid to Consultant's business address. 1 .3 Notify the Consultant in writing, at the time of submission of deviations in samples from requirements of Contract Documents. 1 .4 Make changes in samples, which the Consultant may require, consistent with Contract Documents. 1 .3 AS -BUILT DRAWINGS AND SPECIFICATIONS .1 As work progresses, neatly record significant deviations from the Contract Drawings and specifications using fine, red marker on full size white prints and specifications. Make the same changes on the electronic files. .2 Neatly print lettering and numbers in size to match original. Lines may be drawn free- hand but shall be neat and accurate. Add at each title block note: "AS BUILT ", sign and date. Also circle on List of Drawings /Photographs each title and number of drawing /photograph marked with "AS- BUILT" information. Circle on Table of Contents each specification section number and title of specification sections marked with "AS- BUILT" information. .3 Consultant will provide one electronic set of drawings, schedules, and specifications for as -built drawing and specification purposes. .1 Drawings are in AutoCAD. 1 .2 Specifications are in PDF format. .4 Contractor to provide the following 'as- built' information: .1 Location of curb, sidewalks, etc. .2 Any deviation from the proposed design, field changes of dimension, other significant deviations which are concealed in construction and cannot be identified by visual inspection. .3 Turn one (1) set, paper copy and electronic copy, of AS -BUILT drawings and specifications over to Consultant on completion of work. 4 SHOP DRAWINGS AND PRODUCT DATA NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com tke, Project 15 -4009 7 • Rev 0 1 1 I SUBMITTAL PROCEDURES 01 33 00 .1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by Contractor to I illustrate details of a portion of Work. .2 Submit drawings stamped and signed by professional engineer registered or licensed in I Province of Ontario of Canada. .3 Indicate materials, methods of construction and attachment or anchorage, erection diagrams, connections, explanatory notes and other information necessary for completion I of Work. Where articles or equipment attach or connect to other articles or equipment, indicate that such items have been coordinated, regardless of Section under which adjacent items will be supplied and installed. Indicate cross references to design drawings and specifications. I .4 Make changes in shop drawings as Consultant may require, consistent with Contract Documents. When resubmitting, notify Consultant in writing of revisions other than those I requested. .5 Accompany submissions with transmittal letter, in duplicate, containing: 1 .1 Date. .2 Project title and number. I .3 Contractor's name and address. .4 Identification and quantity of each shop drawing, product data and sample. I .5 Other pertinent data. .6 Submissions shall include: I . 1 Date and revision dates. I .2 Project title and number. .3 Name and address of: I .1 Subcontractor. .2 Supplier. I .3 Manufacturer. .4 Contractor's stamp, signed by Contractor's authorized representative certifying I approval of submissions, verification of field measurements and compliance with Contract Documents. I .5 Details of appropriate portions of Work as applicable: .1 Fabrication. I .2 Layout, showing dimensions, including identified field dimensions, and clearances. I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 y Rev 0 SUBMITTAL PROCEDURES 01 33 00 .3 Setting or erection details. .4 Capacities. 1 .5 Performance characteristics. .6 Standards. 1 .7 Operating weight. .8 Wiring diagrams. .9 Single line and schematic diagrams. .10 Relationship to adjacent work. .6 The Consultant shall return the reviewed documents to the Contractor, who in turn will distribute to their team as may be required. .7 Submit the following for each requirement requested in specification Sections and as Consultant may reasonably request 1 .1 Shop drawings .2 Product data sheets or brochures .3 Test reports. Report signed by authorized official of testing laboratory that material, product or system identical to material, product or system to be provided has been tested in accord with specified requirements. Testing shall be within 3 years of date of contract award for project. .4 Certificates. Statements printed on manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Certificates shall be dated after award of project contract complete with project name. .5 Manufacturer's written instructions. .6 Pre - printed material describing installation of product, system or material, including special notices and Material Safety Data Sheets concerning impedances, hazards and safety precautions. .7 Manufacturer's Field Reports. .8 Documentation of the testing and verification actions taken by manufacturer's representative to confirm compliance with manufacturer's standards or written instructions. .9 Operation and Maintenance Data 1 .8 Delete information not applicable to project. .9 Supplement standard information to provide details applicable to project. 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com kt4t, Project 15 -4009 V Rev 0 SUBMITTAL PROCEDURES 01 33 00 PART 2: PRODUCTS .1 Not applicable. ' PART 3: EXECUTION .1 Not applicable. 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS 141/4 www.naeng.com Project 15 -4009 V'` RevO 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 PART 1: GENERAL 1 .1 SUMMARY .2 QUALITY ASSURANCE 1 .3 EQUIPMENT 1 PART 2: PRODUCTS 1 PART 3: EXECUTION .1 GENERAL 1 .2 TEMPORARY UTILITY INSTALLATION .3 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V . Rev O 1 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 I PART 1: GENERAL I .1 SUMMARY 1 .1 This Section specifies requirements for temporary services and facilities including utilities, construction and support facilities, security and protection. All temporary utilities, construction and support facilities required to perform the work shall be provided as I indicated herein and the associated costs shall be included in the proposal submitted. .2 Provide temporary construction and support facilities required unless specifically noted I otherwise. Temporary construction and support facilities include, but are not limited to, the following: .1 Water service and distribution 1 .2 Sanitary facilities .3 Drinking water I .4 Temporary heat I .5 Water disposal services .6 Waste disposal services I .7 Construction aids and miscellaneous services and facilities .8 Appropriate site access including snow and ice removal 1 .3 Provide temporary construction light, power, and telecom including, but not limited to: .1 Light and power necessary for trades to perform their work I .2 Power for temporary heat, if needed .3 Power to other contractors' job site offices I .4 Provide security and protection facilities required including, but not limited to, the following: 1 .1 Barricades, warning signs, lights. .2 Enclosure fence for the site. I .3 Environmental protection. I .4 Dust barriers /temporary protection as needed. .5 Weather protection as required. .2 QUALITY ASSURANCE I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 ' Rev 0 TEMPORARY FACILITIES AND CONTROLS 01 55 00 .1 Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: .1 Building Code requirements .2 Health and safety regulations .3 Utility company regulations .4 Police and Fire Department rules 1 .5 Environmental protection regulations .6 Owner regulations 1 .2 Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. .3 EQUIPMENT .1 Temporary Offices: Contractor may provide, if so desired, their own p refabricated or I mobile units with lockable entrances, operable windows and serviceable finishes. .2 Temporary Toilet Units: Provide self - contained single- occupant toilet units of the chemical, aerated recirculation, or combustion type, properly vented and fully enclosed with a glass fiber reinforced polyester shell or similar nonabsorbent material for use by all Contractors and Subcontractors on the site. The number of units should be adequate to provide safe sanitary service for all on -site contractor personnel, and should meet any and all applicable code requirements. .3 First Aid Supplies: Comply with governing regulations. 1 .4 Fire Extinguisher: Each contractor shall provide hand - carried, portable ULC- rated, class "A" fire extinguisher for temporary offices and similar spaces according to prevailing building codes. In other locations, the General Contractor shall provide hand - carried, portable, UL- rated, class "ABC" dry chemical extinguisher, or a combination of extinguisher of NFPA recommended classes for the exposures. PART 2: PRODUCTS .1 (Not Applicable) PART 3: EXECUTION .1 GENERAL .1 Use qualified personnel for installation of temporary facilities. Locate facilities where they will serve the project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com 111 Project 15 -4009 'r Rev 0 1 I TEMPORARY FACILITIES AND CONTROLS 01 55 00 .2 Locate facilities where they will serve the project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. I Location shall be approved by the Owner. .3 Provide each temporary facility ready for use when needed to avoid delay. Maintain and I modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. Locations shall be approved by Owner. I .4 Temporary facilities as outlined herein shall be installed prior to start of work and within (30) days of notice to proceed. I .2 TEMPORARY UTILITY INSTALLATION I .1 Install, operate, protect, and maintain the respective temporary services as hereinafter specified, during the construction period of the entire project. These temporary services shall include water supply, electric, light, and power, and any other services as may be required. 1 .2 Pay all costs for the operation of temporary services herein specified. .3 Any part or parts of permanent service lines, grounds, and buildings, disturbed or I damaged by the installation and /or removal of the temporary services shall be restored to their original condition. I .4 Engage appropriate local utility companies to install temporary services. Where utility companies provide only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with utility company requirements. Coordinate with the Owner. I . 1 Arrange with utility company and Owner if interruption of services is necessary, to make connections for temporary services. I .2 Provide adequate capacity at each stage of construction. Before temporary utility is available, provide trucked -in services. I .3 Obtain easements to bring temporary utilities to Project site where Owner's easements cannot be used for that purpose. .4 Coordinate procedures, details and dates with Owner. I .5 Construction facilities and controls shall meet requirements of authorities having jurisdiction. I .5 Temporary Water Supply: The Owner, within its facilities, will furnish water for construction purposes, free of charge to the Contractor. Where system water is not available, the General Contractor shall, at his own cost and expense; install, operate, I protect and maintain a complete temporary water supply system. .1 Provide insulation and heat tape to prevent freezing of the construction site water supply. .2 Extend piping and space outlets so that all areas of the project can be reached with a 30 m hose. I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 .6 Temporary Construction Light and Power: Install, operate, protect and maintain a complete temporary construction light and power system as detailed below. .1 Complete installation of temporary lighting and power shall be approved by the Electrical Safety Authority. .2 If available within its existing facilities, the Owner will furnish electricity to the 1 Contractor free of charge for use on the construction the site. Should power not be available from the existing facility, the Contractor shall be responsible for providing power from the public utility including all transformers, meters, distribution equipment, panels, wire, conduit, disconnects, or other appurtenances required for a complete distribution system. The Contractor shall be responsible for payment of all electric usage charges associated with the site operation except as noted below. .3 Provide main service disconnect and over - current protection at convenient location. .4 Provide temporary poles and temporary distribution wiring to the temporary power of each building, structure and trailer. Make all connections. .5 Provide receptacle outlets adequate for connection of power tools and equipment. .6 Provide waterproof connectors to connect separate lengths of electrical power cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length voltage ratio. .7 Provide warning signs at power outlets other than 110 to 120 V. 1 .8 Provide metal conduit, tubing, or metallic cable for wiring exposed to possible damage. Provide rigid steel conduits for wiring exposed on grades, floors, decks, or other traffic areas. .9 Provide metal conduit enclosures or boxes for wiring devices. .10 Provide 4 -gang outlets, spaced so 100 -foot extension cord can reach each area for power hand tools and task lighting. Provide a separate 125 -V ac, 20 -A circuit for each outlet. .11 Provide temporary lighting with local switching that provides adequate illumination for construction operations, traffic conditions and personal safety and security in surrounding areas. .12 On the interior of the project, provide one 100 -W incandescent lamp per 500 sq. ft., uniformly distributed, for general lighting, or equivalent illumination. .13 Contractors shall supply their own power for any welding operations and shall not use the Owner's provided power for this operation. .7 Temporary Data, Telephone, and Other Telecommunications (TeleData): The Contractor shall, at his own cost and expense; install, operate, protect and maintain a complete .8 Temporary Heating and Cooling: Install, operate, protect and maintain a complete Temporary Heating and Cooling System for the project as detailed below: NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 I TEMPORARY FACILITIES AND CONTROLS 01 55 00 .1 Provide temporary heating units that have been tested and labeled CSA, ULC or another recognized trade association related to the type of fuel being consumed. I If liquid fuel is used, provide under -unit containment in the event of leakage. Provide adequate ventilation or direct vent the units to the outside. I .2 Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. I .3 Maintain a minimum temperature of 12 deg C in enclosed portions of building for normal construction activities, and 17 deg C for finishing activities and areas where finished Work has been installed. I .4 Should electric service be required for temporary heaters, the Contractor shall be responsible for providing necessary connections to the existing site power distribution system. I .5 Pay for any electrical consumption charges incurred as a result of operating the temporary heaters. I .6 Use of gasoline- burning space heaters, open flame heaters or salamanders is forbidden without written permission. I .3 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION I . 1 Sanitary Facilities .1 The Contractor shall, at its own cost and expense; provide and maintain in a clean and sanitary condition, adequate and approved sanitary facilities as I specified below. Sanitary facilities include temporary toilets, wash facilities and drinking water fixtures. .2 Comply with regulations and health codes for the type, number, location, I operation and maintenance of fixtures and facilities. Install where facilities will best serve the Project's needs. Provide toilet tissue, paper towels, paper cups and similar disposable materials for each facility. Provide covered waste I containers for used material. .3 Wash Facilities: Install wash facilities supplied with potable water at convenient locations for personnel involved in handling materials that require wash -up for a I healthy and sanitary condition. Dispose of drainage properly. Supply cleaning compounds appropriate for each condition. Provide safety showers, eyewash fountains and similar facilities for convenience, safety and sanitation of personnel. I .4 Location: Consider the following recommendations when locating portable toilets at a construction site: I .1 Place toilets on flat stable ground. .2 Locate toilets as far from storm drains as possible. Provide secondary I containment if the proximity of storm drains present an unreasonable risk in the event of a leak or spill. I NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 .3 Avoid impervious surfaces, such as concrete, that will quickly direct spills to storm sewers. Grass, sand and gravel surfaces will adsorb liquid for easy clean -up of leaks or spills. .4 Place toilets inside security fences to prevent vandalism. .5 Locate toilets so that exposure to traffic and moving equipment is minimized, install safety bollards if necessary. .6 Consider securing toilets to the ground with cables and stakes if they are located in open areas subject to high winds. .7 Ensure easy access for pump truck and toilet service staff. .5 Maintenance: The following is a summary of necessary maintenance activities: .1 Follow vendor recommendations for a suitable number of portable toilets for the anticipated site workforce. .2 Provide for a suitable cleaning and maintenance schedule. .3 Check regularly for damage, leaks and spills. Ideally, this would be part of the weekly storm water site inspection. .4 Clearly label toilets needing maintenance or repair. Promptly notify vendor to schedule maintenance. .5 Maintain spill response material and equipment on site. Often, the earth moving equipment associated with the construction project is sufficient. .2 Progress Cleaning and Waste Removal: Provide cleaning and waste removal services 1 listed below: .1 Clean project site and work areas daily, including common areas. Coordinate progress cleaning for joint -use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials off -site in a legal manner. .2 Do not hold waste materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 25 °C. .3 Containerize unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. .4 Maintain project site free of waste materials and debris. .5 Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. .6 Remove debris from concealed spaces before enclosing the space. .7 Burying or burning waste materials on -site will not be permitted. 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 1 I TEMPORARY FACILITIES AND CONTROLS 01 55 00 .8 Washing waste down sewers or into waterways will not be permitted. 1 .3 Security and Protection Facilities Installation: .1 Provide protection, operate temporary facilities, and conduct construction in ways I and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will I minimize complaints from persons or firms near project site. .2 Install temporary fencing outside the drip line of trees to protect vegetation from I construction damage. Protect tree root systems from damage, flooding, and erosion. .3 Before construction operations begin, install portable 8 foot high, chain -link fence I with galvanized steel pipe posts and lockable entrance gates. Provide concrete bases for supporting posts. .4 Enclose entire site to accommodate construction operations. I .5 Install in a manner that will prevent people, dogs, and other animals from entering site except by entrance gates. Keep gates closed during operations and I locked when operations are not underway. .1 Provide gates in sizes and at locations necessary to accommodate delivery vehicles and other construction operations. I .2 Maintain security by limiting number of keys and restricting distribution to authorized personnel. Provide Owner with one set of keys. I .3 Provide "No Trespassing" signs around perimeter of fencing. Locate at 20 feet intervals. .4 Provide security to protect Work, existing facilities and Owner operations from unauthorized entry, vandalism and theft. .5 Coordinate security with Owner's security program. I .4 Barricades, Warning Signs And Lights: I . 1 Comply with standards and code requirements for erecting structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and public of possible hazard. Provide lighting, including flashing red or amber lights. 1 .1 Provide barricades where required, and covered walkways for public rights -of ways and public access to existing buildings. I .2 Do not leave excavations and trenches open overnight and weekends without OWNER'S permission. Where approval is given for excavation to be open overnight or for extended periods, the excavation shall be I secured using portable /temporary 6 ft high chain link fence. .5 Traffic Controls: I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 .1 Provide temporary traffic controls at junction of temporary roads with public P rY p roads. Include warning signs, directional signs, and flaggers for public traffic and "STOP" signs for entrance onto public roads. Comply with requirements of authorities having jurisdiction. .6 Temporary Enclosures: .1 The General Contractor shall provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Close openings in floor or roof decks and horizontal surfaces with load- bearing, wood framed construction. Provide temporary weather -tight enclosure for building exterior. Maintain until permanent enclosure is complete. .7 Temporary Partitions: .1 Erect and maintain dustproof partitions and temporary enclosures to limit dust and dirt migration into other areas, and to separate areas from fumes and noise. .8 Water and Erosion Control: .1 Grade site to drain. Maintain excavations free of water. Provide, operate and 1 maintain pumping equipment. Protect site from puddling or running water. Provide barriers as required to protect site from soil erosion. Follow site erosion plans and requirements of authorities having jurisdiction. .9 Access Roads: .1 Construct and maintain temporary roads accessing public thoroughfares to serve construction area, including snow and ice removal. .2 Extend and relocate roads as work progress requires. Provide detours necessary for unimpeded traffic flow. .3 Provide and maintain access to fire hydrants, free of obstructions. .4 Remove mud and gravel carried from construction site to university and public roads on a daily basis. .10 Operation, Termination and Removal: .1 Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. .2 Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements. 1 .3 Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24 -hour basis where required to achieve indicated results and to avoid possibility of damage. 1 .4 Prevent water - filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com *14, Project 15 -4009 V ` Rev 0 1 1 TEMPORARY FACILITIES AND CONTROLS 01 55 00 .5 Remove each temporary facility when need for its service has ended, when it has 1 been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction 1 that cannot be satisfactorily repaired. .6 Maintain Ownership responsibility for materials and items that constitute temporary facilities. 1 .7 Remove temporary paving not intended for or acceptable for integration into permanent paving. Where area is intended for landscape development, remove 1 soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks where damaged 1 and at temporary entrances, as required by authorities having jurisdiction. 8. Restore existing and permanent facilities used during construction to original condition. 1 .8 At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements. 1 .9 Restore grass areas, landscaping, concrete and macadam areas to their original condition except where shown on the Contract Documents to provide new areas. 1 1 1 1 1 1 1 1 ' NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 1 MATERIAL AND EQUIPMENT 01 60 00 PART 1: GENERAL .1 SECTION INCLUDES .2 REFERENCE STANDARDS 1 .3 QUALITY .4 AVAILABILITY .5 STORAGE, HANDLING AND PROTECTION 1 .6 TRANSPORTATION .7 MANUFACTURER'S INSTRUCTIONS 1 .8 WORKMANSHIP .9 COORDINATION .10 REMEDIAL WORK .11 LOCATION OF FIXTURES .12 FASTENINGS .13 PROTECTION OF WORK IN PROGRESS .14 EXISTING UTILITIES 1 PART 2: MATERIALS PART 3: EXECUTION 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 T RevO 1 1 MATERIAL AND EQUIPMENT 01 60 00 I PART 1: GENERAL I .1 SECTION INCLUDES 1 .1 Reference standards. .2 Product quality, availability, storage, handling, protection, transportation. 1 .3 Manufacturer's instructions. .4 Workmanship, coordination and fastenings. I .5 Existing facilities. I .2 REFERENCE STANDARDS 1 .1 Within the text of the specifications, reference may be made to the following standards: .1 ACI - American Concrete Institute 1 .2 AISC - American Institute of Steel Construction .3 ANSI - American National Standards Institute 1 .4 ASTM - American Society for Testing and Materials .5 CEC - Canadian Electrical Code (published by CSA) I .6 CEMA - Canadian Electrical Manufacturer's Association .7 CGSB - I Canadian General Standards Board .8 CISC Canadian Institute of Steel Construction I .9 CLA - Canadian Lumberman's Association .10 CRCA - Canadian Roofing Contractors Association 1 .11 CSA - Canadian Standards Association .12 FM - Factory Mutual Engineering Corporation 1 .13 IEEE - Institute of Electrical and Electronic Engineers .14 NAAMM - National Association of Architectural Metal I Manufacturers .15 NBC - National Building Code I .16 NEMA - National Electrical Manufacturers Association II NA Engineering Associates Inc. CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 MATERIAL AND EQUIPMENT 01 60 00 .17 OBC - Ontario Building Code .18 ULC - Underwriters' Laboratories of Canada .2 Conform to these standards, in whole or in part as specifically requested in the specifications. .3 If there is question as to whether any product or system is in conformance with applicable standards, the Consultant reserves the right to have such products or systems tested to prove or disprove conformance. .4 The cost for such testing will be born by the Owner in the event of conformance with Contract Documents or by the Contractor in the event of non - conformance. .5 Conform to latest date of issue of referenced standards in effect on date of submission of bids, except where a specific date or issue is specifically noted. ' .3 QUALITY .1 Products, materials, equipment and articles (referred to as Products throughout the specifications) incorporated in the Work shall be new, not damaged or defective, and of the best quality (compatible with specifications) for the purpose intended. If requested, furnish evidence as to type, source and quality of Products provided. .2 Defective Products, whenever identified prior to the completion of Work, will be rejected, regardless of previous inspections. Inspection does not relieve responsibility, but is a precaution against oversight or error. Remove and replace defective Products at own expense and be responsible for delays and expenses caused by rejection. .3 Should any dispute arise as to the quality or fitness of Products, the decision rests strictly with the Consultant based upon the requirements of the Contract Documents. .4 Unless otherwise indicated in the specifications, maintain uniformity of manufacture for any particular or like item throughout the building. .5 Permanent labels, trademarks and nameplates on Products are not acceptable in prominent locations, except where required for operating instructions, or when located in mechanical or electrical rooms. .4 AVAILABILITY .1 Immediately upon signing Contract, review Product delivery requirements and anticipate foreseeable supply delays for any items. If delays in supply of Products are foreseeable, notify the Consultant of such, in order that substitutions or other remedial action may be authorized in ample time to prevent delay in performance of Work. .2 In the event of failure to notify the Consultant at commencement of Work and should it subsequently appear that Work may be delayed for such reason, the Consultant reserves the right to substitute more readily available products of similar character, at no increase in Contract Price. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 Rev 0 1 I MATERIAL AND EQUIPMENT 01 60 00 .5 STORAGE, HANDLING AND PROTECTION 1 .1 Handle and store Products in a manner to prevent damage, adulteration, deterioration and soiling and in accordance with manufacturer's instructions when applicable. I .2 Store packaged or bundled Products in original and undamaged condition with manufacturer's seal and labels intact. Do not remove from packaging or bundling until required in the Work. I .3 Store products subject to damage from weather in weatherproof enclosures. .4 Store sheet materials, lumber on flat, solid supports and keep clear of ground. Slope to I shed moisture. .5 Remove and replace damaged Products at own expense and to the satisfaction of the i Consultant. .6 TRANSPORTATION .1 Pay costs of transportation of Products required in the performance of work. I .7 MANUFACTURER'S INSTRUCTIONS I .1 Unless otherwise indicated in the specifications, install or erect Products in accordance with manufacturer's instructions. Do not rely on labels or enclosures provided with Products. Obtain written instructions directly from manufacturers. I .2 Notify the Consultant in writing, of conflicts between the specifications and manufacturer's instructions, so that the Consultant may establish the course of action. .3 Improper installation or erection of Products, due to failure in complying with these I requirements, authorizes the Consultant to require removal and re- installation at no increase in Contract Price. I .8 WORKMANSHIP I .1 Workmanship shall be the best quality, executed by workers experienced and skilled in the respective duties for which they are employed. Immediately notify the Consultant if required Work is such as to make it impractical to produce required results. I .2 Do not employ any unfit person or anyone unskilled in their required duties. The Consultant reserves the right to require the dismissal from the site, workers deemed incompetent, careless, insubordinate or otherwise objectionable. I .3 Decisions as to the quality or fitness of workmanship in cases of dispute rest solely with the Consultant, whose decision is final. I .9 COORDINATION I NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 1 MATERIAL AND EQUIPMENT 01 60 00 .1 Insure cooperation of workers in laying out work. Maintain efficient and continuous supervision. .2 Be responsible for coordination and placement of openings, sleeves and accessories. .10 REMEDIAL WORK .1 Perform remedial work required to repair or replace the parts or portions of the Work identified as defective or unacceptable. Coordinate adjacent affected Work as required. .2 Perform remedial work by specialists familiar with the materials affected. Perform in a manner to neither damage nor endanger any portion of Work. .11 LOCATION OF FIXTURES .1 Consider the location of access doors, ladders, mechanical and electrical equipment, etc., indicated as approximate. .2 Inform the Consultant of a conflicting installation. Install as directed. .12 FASTENINGS .1 Provide metal fastenings and accessories in same texture, colour and finish as adjacent materials, unless indicated otherwise. .2 Prevent electrolytic action between dissimilar metals and materials. .3 Use non - corrosive hot dip galvanized steel fasteners and anchors for securing exterior work, unless stainless steel or other material is specifically requested in the affected specification Section. .4 Space anchors within their load limit or shear capacity and ensure they provide positive permanent anchorage. Wood, or any other organic material plugs are not acceptable. .5 Keep exposed fastenings to a minimum, space evenly and install neatly. .6 Fastenings which cause spalling or cracking of material to which anchorage is made are not acceptable. ' .13 PROTECTION OF WORK IN PROGRESS .1 Adequately protect Work completed or in progress. Work damaged or defaced due to failure in providing such protection is to be removed and replaced, or repaired, as directed by the Consultant, at no increase in Contract Price. .2 Prevent overloading of any part of the building. Do not cut, drill or sleeve any load bearing structural member, unless specifically indicated without written approval of Consultant. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Project 15 -4009 V Rev 0 11 MATERIAL AND EQUIPMENT 01 60 00 I I .14 EXISTING UTILITIES 1 1 .1 When breaking into or connecting to existing services or utilities, execute Work at times directed by local governing authorities, with a minimum of disturbance to Work, and / or 1 1 building occupants, and pedestrian and vehicular traffic. .2 Protect, relocate or maintain existing active services. When services are encountered, I 1 cap off in a manner approved by authority having jurisdiction, stake and record location of capped service. 1 PART 2: MATERIALS Not applicable. 1 1 PART 3: EXECUTION Not applicable. 1 1 1 1 1 1 1 1 1 NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com Vk Project 15 -4009 RevO 1 1 CLOSEOUT PROCEDURES 01 77 00 .2 Instruct personnel in operation, adjustment, and maintenance data. I .4 DOCUMENTS I .1 Before a recommendation for Substantial Completion is issued: 1 .1 Collect reviewed Submittals and assemble documents executed by sub - trades, suppliers and manufacturers. I .2 Provide warranties. .3 Submit a final statement of accounting given total adjusted contract sum, I previous payment, and monies remaining due. .4 Consultant will issue a final change order reflecting approved adjustments to contract sum not previously made. 1 .5 Review maintenance manual contents (operating, maintenance instructions, record "as built" drawings, spare parts, materials) for completeness. I .6 Review cash and contingency allowances in relation to contract price, change order, holdback and other contract price adjustments. .7 Submit required documentation such as statutory declarations, Workers' 1 Compensation Certificate, warranties, certificates of approval or acceptance from regulating bodies. .8 Review inspection and testing reports to verify conformance to the intent of the I documents and that changes, repairs or replacements have been completed. .5 INSPECTION / TAKE -OVER PROCEDURES I .1 Prior to application for certificate of substantial performance carefully inspect the work 1 and ensure it is complete, that major and minor construction deficiencies are complete and /or corrected and the building is in clean condition for occupancy. Notify the Consultant in writing of satisfactory completion of the work and request an inspection. 1 .2 During the final inspection by the Owner and Consultant, a list of deficiencies and defects will be tabulated. Correct to the satisfaction and approval of the same. I .3 Only when the Consultant considers outstanding deficiencies and defects fall within the requirements of this Contract, make application for certificate of substantial performance. .4 Expedite and complete deficiencies and defects identified by the Consultant. 1 .5 When partial occupancy of uncompleted project is required by the Owner, coordinate Owner's uses, requirements, access, with Contractor's requirements to complete the project. .6 Provide on -going review, inspection and attendance to building callback, maintenance ' and repair problems during the warranty period. NA Engineering Associates Inc. KINCARDINE CENTRE FOR THE ARTS www.naeng.com ..301114,. Project 15 -4009 V Rev 0 1