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Home My WebLink About2006-003 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006 - 003 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and GSM Design Exhibits Inc., Montreal, Quebec, to enter into agreement for the production of the exhibit gallery for the Brian McFarlane Hockey Museum. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, GSM Design Exhibits Inc., Montreal, Quebec, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 16th day of January, 2006. By-law read a third time and finally passed this 16th - - - - - - - - - - - - - - \/\ \( \ - BBA - Project No. 04103 - - ... CONTRACT DOCUMENTS Hockey Museum Exhibits Productions Total Hockey Garnet B. Rickard Recreation Complex Municipality of Clarington BARRY. BRYAN ASSOCIATES (1991) LIMITED Architects Engineers Landscape Architect Project Managers 11 Stanley Court, Unit 1 Whitby, Ontario L 1 N 8P9 Tel: (905) 666-5252 Tor: (905) 427-4495 Fax: (905) 666-5256 E-mail: bba@bba-archeng.com www.bba-archeng.com July 4, 2006 - - Standard Construction Document CCDC ... - - - - - Stipulated price contract - - - - - - - - Project: Hockey Museum Exhibits Productions Total Hockey, Garnet B. Rickard Recreation Complex Municipality of Clarington - [S [S D [S Canadian construction documents committee ... ... This agreement is protected by copyright and is intended by the parties to be an unaltered version of CCDC 2 - 1994 except to the extent that any alterations. or modifications are set forth In supplementary conditions. - Standard Construction Document - CCDC 2 - 1994 - AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. - This Agreement made on the ~ day of July in the year 2006 - by and between - Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIe 3E6 - hereinafter called the "Owner" - and - GSM Design Expositions/Exhibits Inc. 4809 boulevard de Maisonneuve Quest Montreal, Quebec H3Z IM8 - hereinafter called the "Contractor" - The Owner and the Contractor agree as follows: - ARTICLE A-I THE WORK - The Contractor shall: 1.1 perform the Work required by the Contract Documents for Hockey Museum Exhibits Productions work title located at Total Hockey, Garnet B. Rickard Recreation Complex, Municipality of CIa ring ton which have been signed by the parties, and for which Barry. Bryan Associates (1991) Limited is acting as and is hereinafter called - - the "Consultant" and - 1.2 do and fulfill everything indicated by this Agreement, and - 1.3 commence the Work by the ~ day of July in the year 2006 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the ~ day of September in the year 2006. - eeDe 2 - 1994 File 00502 - This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. ... - ARTICLE A-2 AGREEMENTS AND AMENDMENTS - 2.1 The Contract supersedes all prior negotiations, representations, or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A-3 of the Agreement - CONTRACT DOCUMENTS. - 2.2 The Contract may be amended only as provided in the Contract Documents. ARTICLE A-3 CONTRACT DOCUMENTS - 3.1 The following are the Contract Documents referred to in Article A-I of the Agreement - THE WORK: . Agreement Between Owner and Contractor . DefInitions . The General Conditions of the Stipulated Price Contract - - 3.1.1 GSM letter dated January 3, 2006 outlining the scope of work (2 pages) 3.1.2 Appendix 'A' (6 pages) 3.1.4 Municipality of Clarington Schedule (C) Standard Terms and Conditions (8 pages) 3.1.3 Contractor Safety - Policy and Procedure provided by the Municipality of Clarington (8 pages) - - 3.1.5 GSM Contract Documents comprising of the following: - Section 00300 Section 00400 Section 01005 Section 01200 Section 01320 Section 01330 Section 01410 Section 01450 Section 01520 Section 01545 Section 01560 Section 01740 Section 01770 Section 01780 General Conditions Supplementary General Conditions General Instructions and Special Provisions Site Administration Construction Progress Documentation Submittal Procedures Regulatory Requirements Quality Control Construction Facilities Safety Requirements Temporary Barriers and Enclosures Cleaning Closeout Procedures Closeout Submittals ... - - - - - 1 page 6 pages 6 pages 2 pages 2 pages 4 pages 4 pages 3 pages 3 pages 2 pages 2 pages 2 pages 2 pages 6 pages * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. Supplementary Conditions; Specifications, giving a list of contents with section numbers and titles, number of pages, and date; Drawings, giving drawing number, title, date, revision date or mark; Addenda, giving title, number, date) - - eeDe 2 - 1994 File 00502 2 ... This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - ARTICLE A-4 CONTRACT PRICE - 4.1 The Contract Price, which excludes Value Added Taxes, is: Five Hundred and Thirty Nine Thousand dollars - and zero cents. $539,000.00 ... 4.2 Value Added Taxes (of 6%) payable by the Owner to the Contractor are: Thirty-Two Thousand, Three Hundred and Forty dollars - and zero cents. $32,340.00 - 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: - Five Hundred and Seventy-Six Thousand, Three Hundred and Forty dollars and zero cents. $571,340.00 - 4.4 All amounts are in Canadian funds. - - 4.5 These amounts shall be subject to adjustments as provided in the Contract Documents. - - - - - - - eeDe 2 - 1994 File 00502 3 - This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - ARTICLE A-5 PAYMENT - 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback often percent ( 10 %), the Owner shall in Canadian funds: - - - .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 payment, and .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. - 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions ofGC 11.1 - INSURANCE. 5.3 Interest - - - - - - - - - - - .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at ten percent (lQ%) per annum above the bank rate on such unpaid amounts shall also become due and payable until payment. Such interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the amount of any claim settled pursuant to Part 8 of the General Conditions - DISPUTE RESOLUTI ON 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. - eeDC 2 - 1994 File 00502 4 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES - 6.1 Notices in writing between the parties or between them and the Consultant shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the fIrm, or to an officer of the corporation for whom they are intended by hand or by registered post; or if sent by regular post, to have been delivered within 5 Working Days of the date of mailing when addressed as follows: - The Owner at 40 Temperance Street ... Bowmanville, Ontario LlC 3E6 96 1Jr? The Contractor at 48.'19 boulevard de Maisonneuve Quest - Montreal, Quebec H3Z IM8 - The Consultant at 11 Stanley Court, Unit 1 Whitby. Ontario Ll N 8P9 - 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 language shall prevail. - 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais it la demande des parties. - ARTICLE A-8 SUCCESSION - 8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and aSSIgns. - - - - - - eeoe 2 - 1994 File 00502 5 - This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. - SIGNED AND DELIVERED in the presence of: - OWNER ... f the Municipality of Clarington - WITNESS - - signatllre name and title of person signing - name and ti0I.!:/ p(rson signing U \oJ 'd 3i, LOQh - CONTRACTOR - GSM Design Expositions/Exhibits Inc. ~u0. :~6~11ND name and title of person signing - WITNESS ~~ - signatllre - S\t..~\ifWt.- Ov€,LLL.\ name and title of person signing name and title of person signing - - N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership: or (b) the affixing of a corporate seal, this Agreement should be properly sealed. - - eeDe 2 - 1994 File 00502 6 - This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. ... - - DEFINITIONS Standard Construction Document - CCDC 2 - J 994 - 1. The following Definitions shall apply to all Contract Documents. - 2. - 3. - 4. - 5. - - 6. - 7. - 8. - 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. Contract Documents The Contract Documents consist of those documents listed in Article A-3 ofthe Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 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. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work, or to supply Products worked to a special design for the Work. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products not worked to a special design for the Work. Consultant The Consultant is the person or entity identified as such in the Agreement. The Consultant is the Architect, the Engineer, or entity licensed to practice in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. Project The Project means the total construction contemplated of which the Work may be the whole or a part. - 9. Work The Work means the total construction and related services required by the Contract Documents. 10. - - - - Place of the Work The Place of the Work is the designated site or location of the Work identified in Article A-I ofthe Agreement - THE WORK. eeDe 2 - 1994 File 00602 7 - This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 11. - 12. - 13. - 14. - IS. - 16. - - 17. - - 18. - 19. - - 20. - - - - Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include machinery and equipment used to prepare, fabricate, convey, or erect the Work, which are referred to as construction machinery and equipment. Provide Provide means to supply and install. Contract Price The Contract Price is the amount stipulated in Article A-4 of the Agreement - CONTRACT PRICE. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A-I of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. Working Day Working Day means a day other than a Saturday, Sunday, or a holiday which is observed by the construction industry in the area of the Place of the Work. 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. 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. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a change in the Work within the general scope of the Contract Documents. 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 defmition, Substantial Pelformance 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. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax and any similar tax, the payment or collection of which is by the legislation imposing such tax an obligation of the Contractor. - eeoe 2 - 1994 File 00602 8 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT Standard Construction Document - CCDC 2 - 1994 - GC 1.1 P ART I GENERAL PROVISIONS CONTRACT DOCUMENTS 1.1.1 - - 1.1.2 - - 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. 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 of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. 1.1.3 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. - 1.1.4 - 1.1.5 - 1.1.6 - 1.1.7 - Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. References in the Contract Documents to the singular shall be considered to include the plural as the context reqUIres. 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, and the services necessary for the performance of the Work. 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, schedules, and diagrams. 1.1.8 Neither the organization of the specifications into divisions, sections, and parts nor the arrangement of drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers or in establishing the extent of the work to be performed by a trade. - 1.1.9 - - - .2 .3 - .4 - If there is a conflict within 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, . material and finishing schedules, . drawings. drawings of larger scale shall govern over those of smaller scale of the same date. dimensions shown on drawings shall govern over dimensions scaled from drawings. later dated documents shall govem over earlier documents of the same type. eeDe 2 - 1994 File 00712 9 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infi'ingement of Copyright. Only sign this contract jfthe document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 1.1.10 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. - 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. - - 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 - 2.1.2 - 2.1.3 - 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. 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. 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 during construction until issuance ofthe final certificate for payment, and subject to GC 2.1 - AUTHORITY OF THE CONSULT ANT and with the Owner's concurrence, from time to time until the completion of any correction of defects as provided in paragraph 12.3.3 ofGC 12.3 - WARRANTY. 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 - - 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, Ge 5.3 - PROGRESS PAYMENT, and GC 5.7 - FINAL PAYMENT. eeoe 2 - 1994 File 00712 10 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 2.2.5 - - 2.2.6 .... - 2.2.7 - - 2.2.8 - - 2.2.9 - 2.2.1 0 .. 2.2.11 - 2.2.12 .. 2.2.13 - 2.2.14 - 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. The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract, except with respect to GC 5.1- FINANCING INFORMATION REQUIRED OF THE OWNER. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant's interpretation and finding which will be given by notice in writing to the parties within a reasonable time. 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 ofthe Consultant to the Contractor, Subcontractors, Suppliers. or their agents, employees, or other persons performing any of the Work. 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. The Consultant will review and take appropriate action upon such Contractor's submittals as shop drawings, Product data, and samples, as provided in the Contract Documents. The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. The Consultant will conduct reviews of the Work to determine the date of Substantial Pelformance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. All certificates issued by the Consultant shall be to the best ofthe Consultant's knowledge, information, and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 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. 2.3.1 GC 2.3 REVIEW AND INSPECTION OF THE WORK - .. - 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 ofthe Work by authorized agencies. If parts ofthe 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. eeoe 2 - 1994 File 00712 11 1l1is contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 2.3.2 - 2.3.3 - 2.3.4 - - 2.3.5 - If work is designated for tests, inspections, or approvals in the Contract Documents, or by the Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notice of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notice of the date and time of inspections by other authorities. The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 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. 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. 2.4.1 GC 2.4 DEFECTIVE WORK - - - 2.4.2 - 2.4.3 - The Contractor shall promptly remove from the Place of the Work and replace or re-execute 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. The Contractor shall make good promptly other contractors' work destroyed or damaged by such removals or replacements at the Contractor's expense. 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. - PART 3 EXECUTION OF THE WORK 3.1.1 GC 3.1 CONTROL OF THE WORK - 3.1.2 - 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. The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinating the various parts of the Work under the Contract. - GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Ownerreserves the right to award separate contracts in connection with other parts ofthe Project to other contractors and to perform work with own forces. - 3.2.2 - - When separate contracts are awarded for other parts ofthe Project, or when work is performed by the Owner's own forces, the Owner shall: .1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; eeDe 2 - 1994 File 007]2 12 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - - - - 3.2.3 - - - - - 3.2.4 - 3.2.5 - - .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co-ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 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 introduce and store their products and use their construction machinery and equipment to execute their work; .2 co-ordinate and schedule the Work with the work of other contractors and Owner's own forces and connect as specified or shown in the Contract Documents; .3 participate with other contractors and the Owner in reviewing their construction schedules when directed to do so; and .4 where part of the Work is affected by or depends upon for its proper execution the work of other contractors or Owner's own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any apparent deficiencies in such work. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason ofthe deficiencies in the work of other contractors or Owner's own forces except those deficiencies not then reasonably discoverable. Where a change in the Work is required as a result of the co-ordination and connection 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 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. Claims, 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 decmcd to have consented to arbitration of any dispute with any other contractor whose contract with the Owners contains a similar agreement to arbitrate. - 3.3.1 GC 3.3 TEMPORARY SUPPORTS, STRUCTURES, AND FACILITIES - 3.3.2 - - 3.3.3 - The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary supports, structures, and facilities and the design and execution of construction methods required in their use. The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such temporary supports, structures, and facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraph 3.3.1, and paragraph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, structures, and facilities or specify a method of construction in whole eeDe 2 - 1994 File 00712 13 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC3.4 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 CONSTRUCTION SAFETY 3.6.1 Subject to paragraph 3.2.2.2 ofGC 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. - - GC 3.7 SUPERVISOR - 3.7.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. The supervisor shall not be changed except for valid reason. - 3.7.2 The supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the supervisor by the Consultant shall be held to have been received by the Contractor. - GC 3.8 SUBCONTRACTORS AND SUPPLIERS ... 3.8.1 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; - - - eeDe 2 - 1994 File 00712 14 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - .. 3.8.2 ... - 3.8.3 .. .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. The Contractor shall indicate in writing, at the request ofthe 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. 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. 3.8.4 Ifthe 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. - 3.8.5 - 3.8.6 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to whom the Contractor may reasonably object. 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 3.9 LABOUR AND PRODUCTS - 3.9.1 - 3.9.2 - 3.9.3 .. The Contractor shall provide and pay for labour, Products, tools, construction machinery and equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance ofthe Work in accordance with the Contract. 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. 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. - 3.10.1 GC 3.10 DOCUMENTS AT THE SITE 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. 3.11.1 GC 3.11 SHOP DRAWINGS .. - 3.11.2 - 3.11.3 ... - Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product, and other data which the Contractor provides to illustrate details of a portion of the Work. The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant may reasonably request. The Contractor shall review all shop drawings prior to submission to the Consultant. The Contractor represents by this review that: the Contractor has determined and verified all field measurements and field construction conditions, or will do so; Product requirements; catalogue numbers; and similar data and that the Contractor has checked and co-ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor shall confirm this review of each shop drawing by stamp, date, and signature of the person responsible. At the time of submission the Contractor shall notify the Consultant in eeDe 2 - 1994 File 007] 2 ] 5 '1l1is contract is protccted by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. ... - .. - 3.11.5 ... - 3.11.6 - writing of any deviations in the shop drawings from the requirements of the Contract Documents.3 .11.4The Contractor shall submit 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. Upon request of the Contractor or the Consultant, they jointly shall prepare a schedule of the dates for submission and return of shop drawings. Shop drawings which require approval of any legally constituted authority havingjurisdiction shall be submitted to such authority by the Contractor for approval. The Contractor shall submit shop drawings in the form specified or as the Consultant may direct. The Consultant will review and return shop drawings in accordance with the schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review is for conformity to the design concept and for general arrangement only. 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 unless the Consultant expressly notes the acceptance of a deviation on the shop drawings. Upon the Consultant's request, the Contractor shall revise and resubmit shop drawings 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 resubmission other than those requested by the Consultant. 3.12.1 GC 3.12 USE OF THE WORK - - 3.12.2 .. The Contractor shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Work with Products. 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. - 3.13.1 GC 3.13 CUTTING AND REMEDIAL WORK 3.13.2 - 3.13.3 - 3.13.4 - The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. 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 - CHANGES, Ge 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 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 3.14 CLEANUP - 3.14.1 - 3.14.2 - 3.14.3 ... - The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 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 Work clean and suitable for occupancy by the Owner before attainment of Substantial Performance of the Work. The Contractor shall remove products, tools, construction machinery, and equipment not required for the performance of the remaining work. Prior to application for the final certificate for payment, the Contractor shall remove products, tools, construction machinery and equipment, and waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees. eeDe 2 - 1994 File 00712 16 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original documcnt, unchanged. ... - PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES - 4.1.1 - 4.1.2 - 4.1.3 - 4.1.4 - 4.1.5 - The Contract Price includes cash allowances stated in the Contract Documents, which allowances shall be expended as the Owner directs through the Consultant. Cash allowances cover the net cost to the Contractor of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the work stipulated under the cash allowances but do not include any Value Added Taxes payable by the Owner to the Contractor. The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. Where costs under a cash allowance exceed the amount ofthe allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out in the Contract Documents. The Contract Price shall be adjusted by Change Order to provide for any difference between the actual cost and each 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. - - 4.2.1 GC 4.2 CONTINGENCY ALLOWANCE The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. - 4.2.2 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 _ CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.2 and the contingency allowance. - P."'--~T 5 PAYMENT 5.1.1 GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER - - 5.1.2 - The Owner shall, at the request ofthe Contractor, prior to execution ofthe Agreement, and/or promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. The Owner shall notify the Contractor in writing of any material change III the Owner's financial arrangements during the performance of the Contract. - 5.2.1 GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.2 - - Applications for payment on account as provided in Article A-5 ofthe Agreement - PAYMENT may be made monthly as the Work progresses. Applications for payment shall be dated the last day of the agreed monthly payment period and 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 at that date. eeDe2-1994 File 00712 17 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 5.2.3 - 5.2.4 - 5.2.5 - 5.2.6 - The Contractor shall submit to the Consultant, at least 14 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. 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. The Contractor shall include a statement based on the schedule of values with each application for payment. Claims 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. - 5.3.1 GC 5.3 PROGRESS PAYMENT - 5.3.2 - The Consultant will issue to the Owner, no later than 10 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 5.2 - APPLICA nONS FOR PROGRESS PAYMENT, a certificate for payment in the amount applied for or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly notify the Contractor in writing giving reasons for the amendment. The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement -P A YMENT no later than 5 days after the date of a certificate for payment issued by the Consultant. - 5.4.1 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK - - 5.4.2 - 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 prepare and submit to the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consultant to establish Substantial Pelformanceofthe 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. No later than 10 days after the receipt of the Contractor's list and application, the Consultant will review the Work to verify the validity ofthe application, and no later than 7 days after completing the review, will notify the Contractor whether the Work or the designated portion of the Work is substantially performed. 5.4.3 The Consultant shall state the date of Substantial Performance ofihe rVurk or designated portion ofihe Work in a certificate. - 5.4.4 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, will 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 .2 - - - submit an application for payment of the holdback amount, submit a sworn statement that all accounts for labour, subcontracts, Products, construction machinery and 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. eeDe2-1994 File00712 18 This contract is protected by Copyright Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 5.5.2 After the receipt of an application for payment from the Contractor and the sworn 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 has not been placed in a separate holdback account, the Owner shall, 10 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.5.5.4The holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the 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. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 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 day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. - - - 5.6.2 Notwithstanding the provisions of the preceding paragraph, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products is 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 - 5.7.2 - 5.7.3 - 5.7.4 - When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. The Consultant will, no later than 10 days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application. The Consultant will, no later than 7 days after reviewing the Work, notify the Contractor that the application is valid or give reasons why it is not valid. When the Consultant finds the Contractor's application for final payment valid, the Consultant will issue a final certificate for payment. Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSA nON, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 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 ofthe 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. - eeDe 2 - 1994 File 00712 19 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. ... - PART 6 CHANGES IN THE WORK - GC 6.1 CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make changes in the Work consisting of additions, deletions, or other revisions to the Work by Change Order or Change Directive. - 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. 6.2.1 GC 6.2 CHANGE ORDER - - 6.2.2 - - When a change in the Work is proposed or required, the Consultant shall provide a notice describing the proposed change in the Work to the Contractor. The Contractor shall 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. 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, signed by Owner and Contractor. The value of the work performed as the result of a Change Order shall be included in applications for progress payment. 6.3.1 GC 6.3 CHANGE DIRECTIVE - - 6.3.2 - 6.3.3 - - 6.3.4 - .1 - .2 - .3 - - - If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of expenditures and savings to perform the work attributable to the change. If a change in the Work results in a net increase in the Contract Price, an allowance for overhead and profit shall be included. If a change in the Work results in a net decrease in the Contract Price, the amount of the credit shall be the net cost, without deduction for overhead or profit. When both additions and deletions covering related work or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be calculated on the basis of the net increase, if any, with respect to that change in the Work. The Contractor shall keep and present, in such form as the Consultant may require, an itemized accounting ofthe cost of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all of the following: wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor; salaries, wages, and benefits of the Contractor's office personnel engaged in a technical capacity and other personnel at shops or on the road, engaged in expediting the production or transportation of materials or equipment; contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial 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 paragraphs 6.3.4.1 and 6.3.4.2; .4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and 6.3.4.2; eeDe 2 - ] 994 File 007] 2 20 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - - - -. - - - - - - .5 the cost of all Products including cost of transportation thereof; .6 the cost of materials, supplies, equipment, temporary services and facilities, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof; .8 deposits lost; .9 the amounts of all subcontracts; .10 the cost of 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 license 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 ofGC 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 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; .16 the cost ofremoval and disposal of waste products and debris; .17 cost incurred due to emergencies affecting the safety of persons or property; 6.3.5 Pending determination ofthe final amount of a Change Directive, the undisputed value ofthe work performed as the result of a Change Directive is eligible to be included in progress payments. - 6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Time or the method of determining it, the adjustment shall be refcrred to the Consultant for determination. - 6.3.7 Ifat any time after the start of the work directed by a Change Directive, the Owner and the Contractorreach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and Contractor. - GC 6.4 CONCEALED OR UNKNOWN CONDITIONS - 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or - - - .2 physical conditions of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities ofthe character provided for in the Contract Documents; then the observing party shall notify the other party in writing before conditions are disturbed and in no event later than 5 Working Days after first observance of the conditions. eeDe2-1994 File 00712 21 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright scal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstratc that it is an original document, unchanged. - - 6.4.2 - 6.4.3 - 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, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. 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 shall report the reasons for this finding to the Owner and the Contractor in writing. 6.5.1 GC 6.5 DELAYS - - - 6.5.2 - - 6.5.3 - - 6.5.4 - - 6.5.5 - If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant, or anyone employed or engaged by them directly or indirectly, contrary to the provisions ofthe 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. If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. If the Contractor is delayed in the performance of the Work by 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), fire, unusual delay by common carriers or unavoidable casualties, or without limit to any of the foregoing, by a cause beyond the Contractor's control, 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. No extension shall be made for delay unless notice in writing of claim is given to the Consultant not later than 10 Working Days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. Ifno schedule is made under paragraph 2.2.9 ofGC 2.2 -ROLE OF THE CONSULTANT, no claim for delay shall be allowed because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made and not then, unless the claim is reasonable. PART 7 DEFAULT NOTICE - GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT - 7.1.1 If the Contractor should be adjudged bankrupt, or makes a general assignnlent for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because ofthe Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 7.1.2 If the Contractor should neglect 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, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. - - - eeoc 2 - ] 994 File 00712 22 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 7.1.3 If the default cannot be corrected in the 5 Working Days specified, the Contractor shall be in compliance with the Owner's instructions if the Contractor: - - 7.1.4 - - - .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with such schedule. If the Contractor fails to correct the default in the time specified or subsequently agreed upon, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: - - - - - - .1 take possession of the Work and Products; utilize the construction machinery and equipment; subject to the rights of third parties, finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the ditTerence. - 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 in force after such termination. - 7.2.1 GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT - 7.2.2 - - 7.2.3 - If the Owner should be 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, by giving the Owner or receiver or trustee in bankruptcy notice in writing, terminate the Contract. If the Work should be stopped or otherwise delayed for a period of30 days or more under an order ofa court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner notice in writing, terminate the Contract. The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if: eeDe 2 - 1994 File 00712 23 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - .. - - - 7.2.4 .. - 7.2.5 - .1 the Owner fails to fumish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements ofthe Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. The Contractor's notice in writing to the Owner provided under paragraph 7.2.3 shall advise that ifthe default is not corrected within 5 Working Days following the receipt of the notice in writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and construction machinery and equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. - PART 8 DISPUTE RESOLUTION 8.1.1 GC 8.1 AUTHORlTY OF THE CONSULTANT - - 8.1.2 - .. 8.1.3 - .. 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. 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 ofGC 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. If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's opinion are necessarj for the proper performance ofthc 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. - 8.2.1 GC 8.2 NEGOTIATION, MEDIATION, AND ARBITRATION - - .. In accordance with the latest edition of the Rules for Mediation ofCCDC 2 Construction Disputes, the parties shall appoint a Project Mediator .1 within 30 days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 30 day period, within 15 days after either party by notice in writing requests that the Project Mediator be appointed. eeoe 2 - 1994 File 00712 24 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 8.2.2 - - 8.2.3 - 8.2.4 - - 8.2.5 - 8.2.6 - 8.2.7 - - A party shall be conclusively deemed to have accepted a finding ofthe 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 the notice of dispute setting out particulars of this response and any relevant provisions of the Contract Documents. 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. 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 latest edition of the Rules for Mediation of CCDC 2 Construction Disputes. I f 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 tenninate the mediated negotiations by giving notice in writing to both parties. By giving a notice in writing to the other party, not later than 10 Working Days after the date oftennination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The arbitration shall be conducted in the jurisdiction of the Place of the Work. On expiration ofthe 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a notice 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. 8.2.8 If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting arbitration in paragraph 8.2.6 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 tenninated, 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. 8.3.1 GC 8.3 RETENTION OF RIGHTS - - 8.3.2 - - - 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 notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3. Nothing in Part 8 ofthe 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 to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. eeDe 2 - 1994 File 00712 25 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Cop)Tight. Only sign this contract if the document cover page beaTS a CCDC copyright seal to demonstratc that it is an original document, unchanged. - - 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 Should the Contractor in the performance ofthe Contract damage the Work, the Owner's property, or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such damage at the Contractor's expense. - 9.1.3 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 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. - - GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY - 9.2.1 If either party to the Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom the other party is responsible in law, then that party shall be reimbursed by the other party for such damage. The reimbursing party shall be subrogated to the rights ofthe other party in respect of such wrongful act or neglect if it be that of a third party. - - 9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time after the first observance of such damage and if undisputed shall be confirmed by Change Order. Disputed claims shall be resolved as set out in Part 8 of the General Conditions - DISPUTE RESOLUTION. - 9.2.3 If the Contractor has caused damage to the work of another contractor on the Project, the Contractor agrees upon due notice to settle with the other contractor by negotiation or arbitration. If the other contractor makes a claim against the Owner on account of damage alleged to have been so sustained, the Owner shall notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. The Contractor shall satisfy a final order or judgment against the Owner and pay the costs incurred by the Owner arising from such action. - - 9.2.4 If the Contractor becomes liable to payor satisfy a final order, judgment, or award against the Owner, then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction. - GC 9.3 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS - 9.3.1 For the purposes of applicable environmental legislation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.3.2 Prior to the Contractor commencing the Work, the Owner shall - .1 take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances and materials. - - eeoe 2 - 1994 File 007] 2 26 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bcars a CCDC copyright seal to demonstrate that it is an original documcnt, unchanged. - - 9.3.3 - 9.3.4 - The Owner shall take all reasonable steps to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor conm1encing the Work. Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or otherwise render harmless toxic or hazardous substances or materials which were present at the Place of the Work prior to the Contractor commencing the Work. - 9.3.5 If the Contractor - - - - 9.3.6 - - 9.3.7 - 9.3.8 - - 9.3.9 - .1 encounters toxic or hazardous substances or materials at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances or materials are present at the Place of the Work, which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but have not been dealt with as required under paragraph 9.3.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the substances or materials, and .4 immediately report the circumstances to the Consultant and the Owner in writing. If the Contractor is delayed in performing the Work or incurs additional costs as a result of taking steps required under paragraph 9.3.5.3, the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor and the Contractor shall be reimbursed for reasonable costs incurred as a result of the delay and as a result of taking those steps. Notwithstanding paragraphs 2.2.6 and 2.2.7 ofGC 2.2 - ROLE OF THE CONSULTANT, or paragraph 8.1.1 ofGC 8.1 - AUTHORITY OF THE CONSULTANT, the Consultant may select and rely upon the advice of an independent expert in a dispute under paragraph 9.3.6 and, in that case, the expert shall be deemed to have been jointly retained by the Owner and the Contractor and shall be jointly paid by them. The Owner shall indemnify and hold harmless the Contractor, the Consultant, their agents and employees, from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or resulting from exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to thc Contractor commencing the Work. This obligation shall not be constmed to negate, abridge, or reduce other rights or obligations of indemnity set out in GC 12.1 - INDEMNIFICATION or which otherwise exist respecting a person or party described in this paragraph. GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS shall govern over the provisions of paragraph 1.3.1 of GC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. - PART 10 GOVERNING REGULATIONS 10.1.1 GC 10.1 TAXES AND DUTIES - - 10.1.2 - 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. Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. eeDe 2 - 1994 File 00712 27 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - GC 10.2 LAWS, NOTICES, PERMITS, AND FEES The laws of the Place of the Work shall govern the Work. 10.2.1 - 10.2.2 - 10.2.3 - 10.2.4 - - - 10.2.5 - The Owner shall obtain and pay for the building permit, permanent easements, and rights of servitude. The Contractor shall be responsible for permits, licenses, or certificates necessary for the performance of the Work which were in force at the date of bid closing. 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. 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 date 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 notify 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 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. If the Contractor fails to notify the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.4; 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. 10.3.1 GC I 0.3 PATENT FEES - - - 10.3.2 - 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. The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's perforn1ance 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 10.4.1 GC lOA WORKERS' COMPENSATION Documents. - - 10.4.2 - Prior to commencing the Work, Substantial Performance of the Work, and the issuance of the final certificate for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. At any time during the term ofthe Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART II INSURANCE - BONDS 11. 1.1 GC 11.1 INSURANCE - - - Without restricting the generalityofGC 12.1 -INDEMNIFICA nON, the Contractor shall provide, maintain, and pay for the insurance coverages specified in GC 11.1 - INSURANCE. Unless otherwise stipulated, the duration of each insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment. Prior to commencement of the Work and upon the placement, renewal, eeDC 2 - 1994 File 00712 28 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract jfthe document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - 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. .1 General Liability Insurance: ... General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, with limits of not less than $3,000,000 per occurrence and with a property damage deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 21 00, or its equivalent replacement, provided that IBe Form 21 00 shall contain the latest edition of the relevant ceDC endorsement form. To achieve the desired limit, umbrella, or excess liability insurance may be used. All liability coverage shall be maintained for completed operations hazards from the date of Substantial Peiformance of the Work, as set out in the certificate of Substantial Pelformance of the Work, on an ongoing basis for a period of 6 years following Substantial Pelformance of the Work. Where the Contractor maintains a single, blanket policy, the addition of the Owner and the Consultant is limited to liability arising out of the Project and all operations necessary or incidental thereto. The policy shall be endorsed to provide the Owner with not less than 30 days notice in writing in advance of any cancellation, and of change or amendment restricting coverage. - ... - ... .2 Automobile Liability Insurance: - Automobile liability insurance in respect of licensed vehicles shall have limits of not less than $3,000,000 inclusive per occurrence for bodily injury, death, and damage to property, covering all licensed vehicles owned or leased by the Contractor, and endorsed to provide the Owner with not less than 15 days notice in writing in advance of any cancellation, change or amendment restricting coverage. Where the policy has been issued pursuant to a government-operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. ... - .3 Aircraft and Watercraft Liability Insurance: - Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft ifused directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than $3,000,000 inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than $2,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. - - .4 Property and Boiler and Machinery Insurance: (1) "All risks" property insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of Products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 4042 or its equivalent replacement, provided that IBC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 10 days after the date of the final certificate for payment. - - - (2) Boiler and machinery insurance shall be in the joint names of the Contractor, the Owner, and the Consultant for not less than the replacement value of the boilers, pressure vessels, and other insurable objects forming part of the Work. The insurance provided shall not be less than the insurance provided by the "Comprehensive Boiler and Machinery Form" and shall be maintained continuously from commencement of use or operation ofthe property insured and until 10 days after the date of the final certificate for payment. - - - eeDe 2 - 1994 File 00712 29 This contract is protected by Copyright. Use ofa CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original documcnt, unchanged. - - - - - - - - - - - - - 11.1.2 - 11. 1.3 - 11.1 .4 - 11. 1.5 - - (3) The policies shall allow for partial or total use or occupancy of the Work. If because of such use or occupancy the Contractor is unable to provide coverage, the Contractor shall notify the Owner in writing. Prior to such use or occupancy the Owner shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, as in sub-paragraphs (1) and (2), including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the uneamed premiums applicable to the Contractor's policies upon termination of coverage. (4) The 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. 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. (5) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - PROGRESS PAYMENT. 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 ofthe Work. (6) In the case of loss or damage to the Work arising from the work of another contractor, or Owner's own forces, the Owner, in accordance with the Owner's obligations under paragraph 3.2.2.4 ofGC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, shall pay the Contractor the cost ofrestoring the Work as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - PROGRESS PAYMENT. .5 Contractors' Equipment Insurance: "All risks" contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance ofthe Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insuranct:, the Owner agrees to waive the equipment insurance requirement. The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 9.1 - PROTECTION OF WORK AND PROPERTY and GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. Where the full insurable value ofthe Work is substantially less than the Contract Price, the Owner may reduce the amount of insurance required or waive the course of construction insurance requirement. 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 amount which is due or may become due to the Contractor. All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. eeDC 2 - 1994 File 00712 30 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - 11.2.1 GCI1.2 BONDS - 11.2.2 - - The Contractor shall, prior to commencement ofthe Work or within the specified time, provide to the Owner any surety bonds required by the Contract. Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfilment of the Contract. The form of such bonds shall be in accordance with the latest edition of the eCDC approved bond forms. PART 12 INDEMNIFICATION - WAlVER- WARRANTY 12.1.1 GC 12.1 INDEMNIFICATION - - - - - - 12.1.2 - 12.1.3 - 12.1.4 - The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings (hereinafter called "claims"), by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract provided such claims are: .1 attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, and .2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable, and .3 made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. The obligation of the Contractor to indemnify hereunder shall be limited to $3,000,000 per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of $3,000,000. The Owner shall indemnify and hold harmless the Contractor, the Contractor's agents and employees 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 a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. GC 12.1 - INDEMNIFICATION shall govern over the provisions of paragraph 1.3.1 ofGC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. 12.2.1 GC 12.2 WAIVER OF CLAIMS - - - - - Waiver of Claims by Owner As of the date of the fmal certificate for payment, the Owner expressly waives and releases the Contractor from all claims against the Contractor including without limitation those that might arise from the negligence or breach of contract by the Contractor except one or more of the following: .1 those made in writing prior to the date of the final certificate for payment and still unsettled; .2 those arising from the provisions ofGe 12.1 - INDEMNIFICATION or GC 12.3 - WARRANTY; .3 those arising from the provisions of paragraph 9.3.5 of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS and those arising from the Contractor bringing or introducing eeDe2-1994 File00712 31 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - - - .... - - - - 12.2.2 - - - 12.2.3 any toxic or hazardous substances and materials to the Place of the Work after the Contractor commences the Work. In the Common Law provinces GC 12.2.1.4 shall read as follows: .4 those made in writing within a period of 6 years from the date of Substantial Pelformance of the Work, as set out in the certificate of Substantial Pelformance 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 and those arising from any liability of the Contractor for damages resulting from the Contractor's performance ofthe Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein "substantial defects or deficiencies" means 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. In the Province of Quebec GC 12.2.1.4 shall read as follows: .4 those arising under the provisions of Article 2118 of the Civil Code of Quebec. Waiver of Claims by Contractor As of the date of the final certificate for payment, the Contractor expressly waives and releases the Owner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except: .1 those made in writing prior to the Contractor's application for final payment and still unsettled; and .2 those arising from the provisions of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS or GC 10.3 - PATENT FEES. GC 12.2 - WAIVER OF CLAIMS shall govern over the provisions of paragraph 1.3.1 ofGC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. 12.3.1 GC 12.3 WARRANTY - - 12.3.2 .... 12.3.3 - 12.3.4 - 12.3.5 12.3.6 - - - The warranty period with regard to the Contract is one year from the date of Substantial Performance of the Work or those periods specified in the Contract Documents for certain portions of the Work or Products. The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. Except for the provisions of paragraph 12.3.6 and 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 warranty periods specified in the Contract Documents. The Owner, through the Consultant, shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.3. The Contractor shall be responsible for obtaining Product warranties in excess of one year on behalf of the Owner from the manufacturer. These Product warranties shall be issued by the manufacturer to the benefit of the Owner. eeoe 2 - 1994 File 00712 32 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. - .. - ... ... - -- .. - ... - - - .. - .. .. .. - - .. ~/I()ntrAnl. ,L;orli J,;ory :=1. ')()OC, George Acorn raclllties Manoger. Cornn-ll JnitV SpPJicps Municlpalitv of Clarinnion Brian McFarlane Hockey Museum Exhibits Production Doar SII", Wo 31'0 pleased to subr nit U II:'; f.Jrof.Jusul fOf It IC fJroJCct cit(~cj ubove. GSJ\t11 }j Scope of Work tJn 3IS'fll/ For ihR Rxhlhii nallel'V totalinq ~ rn', soul"cinq. fabrication, shiPPwl~l and Installatlc>I-1 e,f, but not IlrnitecJ to, all followin~l COITlpcWlorlts as rJcflllcd Clr IrJ dppr ovcrJ III ttlC fllletl e.xhlbit cJesiqn Sots (clcccJI's). cllsploy's oncl showcoses. floor snd wall finishes; inter active devices (el8dronic: or mer-hanIC:FlI), gctllcry IlgtilirlQ fixtures: audio-viSlJal AClL Jipn,ent Cludio-visual productions; glaphlc produclion::;; FOI" audio-visual produclions: preparation of SCI"ipts, lIohtlno dA~,ion equipment ann spAr-ial etfeds when ner-essFlry' pruducliOll or texts und diulogs; negotiation and purchase of necessGr"y copyr'ights for' 011 rnotel"iol used; castino; shclf.:.Jling; production of ,;waphics and ar-lI/natlons. fJrOOl J~tion of off-line version; productlull of on-line version; . II . ....~~ ~ t " 1 \ , \. - - Oric.n \/icfa--Iane ;-ccJ:SV ~..,iiJ:,p.lJi-n. Fxl-',hii:~., F':-(ldui_:i.!'_:/l !-'rc,pl-';'7iU!" ,..Ji...r'II_,(..H)/':'; :.21)Clt~;.:2 ,::.,t := Contract ArTIount - The c~bo\jc ':.;cc-,pc: I.A vVUrf<. \/illl l:e executed for lurTlp sum AniOIJnt of :B!"i:iqOOO no CUIT1plellul'l ui lr\e r,>roJect is curn,mtly SChAoulAc-! tnr thp, Fond of (\UI:lust '-!OOC. - VVe hope: thle, \lvill l)e o;ullo;l ucl,)r Y driel bWdil your instruc:tions. VVu 11'-'1_"_' 1I11'..; will Lx: sulrs!'uctory and El'vVSlt your instn.lctlnns - Best r'el~larclS. - 'I' , \ I ~ 1,\ . _ \ I {14: 1,'\ '\ ;~i!~?i(Yl!lt '~ . I i /1 )1 : 111.t-,\.\ \, ... I V ). L ; \ V \ ,)J I ,~/ Yves Mayrand PI'P'O'.iclent - - - - - - - - - - - - - - - APPENDIX 'A' 1. ... - - The Price payable to Contractor/Designer is a remuneration for the goods and services provided by Contractor/Designer, detail of which are set out in GSM letter dated January 3, 2006 and which includes, without limitation: 1.1 The conception, fabrication, shipping and installation of all the exhibits, to the Municipality of Clarington satisfaction, and 1.2 All agreed replacement parts and services for the Deliverables. The Municipality of Clarington is solely responsible for the transport, storage, manipulation, installation, security and insurance of all artifacts and will do so at its own expense. ... - 2. Costs and Expenses/Warranties of Contractor/Designer - 2.1 - - 2.2 - 3. Insurance - 3.1 - - - - - - - Contractor/Designer represents and warrants that Contractor/Designer will at its own expense obtain and comply with all permits, licenses, authorizations, approvals or consents as may be required in order for it to perform its obligations under the Contract. In this regard, the Municipality of Clarington agrees to assist Contractor/Designer in the foregoing. Except as specifically set forth in the Contract, Contractor/Designer shall be solely responsible, to the exclusion of the Municipality of Clarington, for all costs and expenses incurred by it or required, for the performance of its obligations under the Contract. Contractor/Designer shall, until all Deliverables are accepted by the Municipality of Clarington pursuant to the Contract, procure and maintain in full force and effect, and at its own cost and expense the following types of insurance on the terms set out below and in form and substance satisfactory to the Municipality of Clarington, with insurers of good repute and duly qualified in those locations where their services are to be performed: 3.1.1 commercial general liability covering personal injury and property damage, including contractual liability to cover Contractor/Designer's obligation under the Contract. This policy shall not be cancelled, modified or limited in its conditions without the prior and written agreement of the Municipality of Clarington or until all Deliverables are accepted. Page 1 of6 - - - - - - - - 3.1.2 errors and omissions insurance covering damages resulting from errors, omissions or deficiencies in the Deliverab1es, including damages, penalties or other sums to be paid in accordance with the Contract or otherwise. This policy shall not be cancelled, modified or limited in its conditions without the prior written agreement of the Municipality of Clarington. The policies referred to in this Section shall each be for an insured amount of not less than three million dollars ($3,000,000) per loss. 3.2 Contractor/Designer shall promptly provide the Municipality of Clarington with the original/certified true copy of certificates of insurance, evidencing all of the above coverages and all special requirements specifically stated above. 3.3 The provisions ofthis section as to maintenance of insurance shall not be construed as limiting in any way the extent to which Contractor/Designer shall be held responsible for payment of damages resulting from its activities or the activities of any person or persons for which Contractor/Designer is otherwise responsible. - 4. Confidentiality 4.1 - - - - - - - - - - Contractor/Designer shall keep secret and confidential, and shall not at any time (other than for the performance of its duties to the Municipality of Clarington) for any reason disclose or permit to be disclosed to any person, or otherwise make use or permit use to be made of any data, information or material of whatsoever nature: 4.1.1 which is given to Contractor/Designer, whether by or on behalf of the Municipality of Clarington, employees of the Municipality of Clarington, or otherwise, to enable Contractor/Designer to discharge its duties to the Municipality of Clarington or to perform the services specified or for any other purpose arising from or connected with the Contract between Contractor/Designer and the Municipality of Clarington in any way whatsoever; 4.1.2 which otherwise comes into the possession of Contractor/Designer by reason of or in connection with its entry into the Contract with the Municipality of Clarington or performing the services specified; 4.1.3 relating to the performance ofthe Contract with the Municipality of Clarington or the services specified by Contractor/Designer, or to any activity or business of the Municipality of Clarington; and Page 2 of6 - - - - - - - .. - - - - - - - - - - - 4.3 4.4 5. 4.1.4 which is derived or generated from the data, information and material referred to in paragraphs 4.1.1 to 4.1.3 above. 4.2 ContractorlDesigner shall make no reference in any advertising or other promotional or publicity material, to the Contract, without the prior written consent of the Municipality of Clarington. Contractor/Designer shall ensure and procure that all its employees, agents, representatives and subcontractors comply with the foregoing provisions of this Clause 4. Notwithstanding the termination of the Contract (for whatever reason), the parties shall continue to be bound by the terms of this Section, which shall continue to be in full force and effect in accordance with its terms. Contractor/Designer's Warranties, Workmanship and Material Warranties: 5.1 5.2 5.3 All materials and equipment provided by the Contractor/Designer in performing the services or deliverables shall be new. Ifrequested by the Municipality of Clarington, the Contractor/Designer shall furnish satisfactory evidence of the kind and quality of materials and equipment purchased by it. The ContractorlDesigner shall not substitute materials for those specified by the Municipality of Clarington or agreed to by the parties without prior approval of the Municipality of Clarington. The ContractorlDesigner warrants that all equipment, materials and services purchased by the Contractor/Designer from third parties shall be free from defective materials and workmanship for a minimum period of one (1) year from the date of substantial performance. If requested by the Municipality of Clarington, the ContractorlDesigner shall assign to the Municipality of Clarington all warranties that it has obtained from such third-party vendors. In this regard, it is the ContractorlDesigner's responsibility to ensure that its rights and benefits under any contract with the third-party vendors are assignable to the Municipality of Clarington upon the Municipality of Clarington's request. The Municipality of CIa ring ton shall have title to: a) all work completed or in the course of construction or installation performed by the Contractor/Designer under the Contract; and b) all equipment, materials, tools and supplies purchased by the Contractor/Designer for the purposes of the Contract regardless of whether the same is purchased under the name of the Contractor/Designer of the Municipality of Clarington. Page 3 of6 - - - - - - - - - - c) the Contractor/Designer warrants that the services performed by it under the Contract shall: .1 be performed with all due and proper diligence, skill and care in a good, thorough and workmanlike manner; .2 comply with the deliverab1es specified in the Contractor/Designer's letter dated January 3,2006 and the implementation schedule in this Contract; .3 meet with the best industry practices; and .4 be performed with the highest regard for the safety of the Municipality of Clarington's personnel and premises. 5.4 The Contractor/Designer warrants that the deliverables shall be free from defective materials and workmanship for a minimum period of one (1) year from the date of substantial performance. 5.5 In the event that any of the warranties above is breached, without prejudice to any other right or remedy that the Municipality of Clarington may have against the Contractor/Designer under the Contract or general law, the Contractor/Designer shall do all such things as may be necessary to correct the breach without additional charge to the Municipality of Clarington. - 6. Contractor/Designer's Team: 6.1 - - 6.2 - - 6.3 - - - - The Contractor/Designer shall ensure that the Project is prosecuted in a professional, diligent, timely and proper manner. The Contractor/Designer's obligation in this paragraph includes deploying adequate manpower to the Project and assigning its experts to work on site. The Contractor/Designer shall ensure that all its employees, subcontractors, agents and representatives assigned to work on the Project have the necessary experience and skills, and are qualified to perform the work required by their craft classification. The Contractor/Designer shall, upon request by the Municipality of Clarington, furnish the necessary certificates of qualification of the Contractor/Designer's Personnel. The Contractor/Designer shall enforce strict discipline and good order among the Contractor/Designer's Personnel, and exercise the necessary supervision and control to prevent the Contractor/Designer's Personnel from violating any laws, regulations or the Municipality ofClarington's terms and conditions in the course of performing work under the Contract. Page 4 of6 - - - - - - - ... ... ... - - - - - - - - ... 7. 8. 8.3 Contractor/Designer's Understanding: 7.1 The Contractor/Designer is deemed to have the knowledge and understanding of the nature, location and scope of the work to be performed by it under the Contract, the contingencies in relation to the prosecution of the work, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters that can in any way affect the work. Reporting and Consultation: 8.1 The ContractorlDesigner shall meet with the Municipality of Clarington's Project Manager regularly to discuss and give an update on the progress of the Project and any issues encountered by the Contractor/Designer. 8.2 The Contractor/Designer shall consult with the Municipality of C1arington on, and obtain the Municipality of Clarington's prior written approval for, every stage of the Project including, without limitation: a) selection, procurement, presentation and installation ofthe exhibits, equipment (whether visual, audio, multimedia or otherwise) and other materials b) selection and use of communication and interactive tools (e.g. audio and visual aids, visual walls, and text and graphic panels) c) overall aesthetics of the exhibition (e.g. furnishings and lighting to be used) d) As part of the process, the Contractor/Designer shall provide, where appropriate, samples, mock-ups, props and presentations to enable the Municipality of Clarington to evaluate the Contractor/Designer's proposals meaningfully and effectively. Notwithstanding any approval given by the Municipality of Clarington on any of the Contractor/Designer's proposals, designs and technical specifications relating to the Project, the Contractor/Designer undertakes to be solely responsible for the adequacy of such proposals, designs and technical specifications and for compliance with the Deliverables, unless Contractor/Designer has, prior to the Municipality of Clarington giving the approval, specifically informed the Municipality of Clarington ofthe consequences or repercussions of its decision. Page 5 of6 - - - - - - - - - - - - ... - - - - - - 9. 9.2 Publicity: 9.1 The ContractorlDesigner shall not, without the prior written consent of the Municipality of Clarington: a) use the name or any trade name or registered trademark of the Municipality of Clarington in any advertising or communications to the public in any format; b) make publicity releases or announcements regarding the Contract; or c) take any photographs, video or other recordings of the Municipality of Clarington's property. The Contractor/Designer shall cause all of the Contractor/Designer's Personnel to comply with these requirements. Page 60f6 - - CONTRACTOR SAFETY POLICY AND PROCEDURE - POLICY: - Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: - - - the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; - every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and - Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. - DEFINITIONS: ... Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality - Project - means a construction project, whether public or private, including: . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; - - the moving of a building or structure; and ... any work or undertaking, or any lands or appurtenances used in connection with construction. - - Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. - - ... - CONTRACTOR SAFETY - - ... ... ... ... ... - - ... d) I ... ... e) ... f) - - - - POLICY AND PROCEDURE Continued... Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. ... - CONTRACTOR SAFETY - - ... - ... - - - - ... i\ JJ ... k) ... I) ... - - - - POLICY AND PROCEDURE Continued... g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) ii) iii) copies of the Municipal Corporate Health and Safety Program departmental health and safety policies workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. i) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). VVhere applicable, the Municipality will retain the right to aiiow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. ... - CONTRACTOR SAFETY - POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM - To Contractor(s): - The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and - operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. .. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. - - The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups ....................................................................... - The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups ....................................................................... ... Injury frequency performance for the last two years - This may be available from the contractor's trade association. ... ....................................................................... ... Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). ... ... Confirmation of Independent Operator Status - The WSIB independent operator number assigned: .. (Bidders to include the letter confirming this status and number from WSIB with their bid submission). - - - - - CONTRACTOR SAFETY - - - ... ... ... - - - - ... 3. - ... 4. ... 5. - - ... POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the '~ct''); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall: a) act safely and comply in all respects to the Act, and b) I ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the Act. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non- compliance. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on the site at any time or times for the purpose of inspection to determine compliance with this contract/tender. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. ... - CONTRACTOR SAFETY .... POLICY AND PROCEDURE Continued... 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: - ... a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; - ... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and ... - c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. ... ... Contractor Name of Person Signing for Contractor ... Signature of Contractor Date ... ... ... - - - - - - CONTRACTOR SAFETY - POLICY AND PROCEDURE Continued... Schedule "B" - CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER - The purpose of this form is to: (Issuer to check one of the following) .. o Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. .. o Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. .. ... PART "A" - DETAILS OF CONTRACT ... CONTRACTOR/P.O. # DESCRIPTION: ... ... ... I NAME OF FIRM: - ... .. - - .. ... - CONTRACTOR SAFETY - POLICY AND PROCEDURE Continued... - PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE AND TIME OF INFRACTION .. DESCRIPTION OF INFRACTION, INCLUDING LOCATION: ... - ORDER GIVEN BY MUNICIPALITY: - .. DID THE CONTRACTOR COMPLY WITH THIS ORDER? .. - DATE AND TIME OF COMPLIANCE: - ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE .. ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE ... PART "C" - ADDITIONAL COMMENTS ... THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. .. - - .. - - STANDARD TERMS AND CONDITIONS 1. DEFINITIONS .... Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. - Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. - Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. - Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. .... Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. - 2. SUBMISSION OF BID - Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. - The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. ... If a joint bid is submitted, it must be signed on behalf of each of the Bidders. - The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. ... Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. .... A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. - - - - .... ... - STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT - The contract consists of the documents aforementioned. - The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. - None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. - 4. CLARIFICATION OF THE DOCUMENT - Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. - No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. PROOF OF ABILITY - 5. The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. - 6. DELIVERY - Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. .. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. .. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. .. Time shall be of the essence of the contract. .. .. - - .. ... - STANDARD TERMS AND CONDITIONS (continued) 7. PRICING ... Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. - ... Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. - All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. - If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. - ... Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality "an" appropriate or "no" appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. - 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. ... Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. - Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. ... The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. - Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. ... 9. PATENTS AND COPYRIGHTS - The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. - The company shall pay all royalties and patent license fees required for the work. - - - - - - - - - - - - - ... - - ... - - - - STANDARD TERMS AND CONDITIONS (continued) 9. PATENTS AND COPYRIGHTS- cont'd If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warrantyiguarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. - ... STANDARD TERMS AND CONDITIONS (continued) 17. DEFAULT BY COMPANY - a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. - b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. - ... c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. - d. If the Municipality terminates the contract, it is entitled to: - i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; - ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). - iii) - 18. CONTRACT CANCELLATION ... The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liabie to the Company for loss of anticipated profit on the cancelled portion or portions of the work. - 19. QUANTITIES - Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. .. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. ... - - .. - .. .. .. ... .. - .. - .. - .. - - - .. - .. - STANDARD TERMS AND CONDITIONS (continued) 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the (WSIB) Workplace Safety and Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality . Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Commercial/Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for Bodily Injury Death and Property Damage including loss of use thereof or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. - - STANDARD TERMS AND CONDITIONS (continued) 24. LIABILITY - ... The company agrees to defend, fully indemnify and save harmless the Municipality from any and all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, or resulting from negligent acts or omissions by the contractor in the performance of his obligations under the contract, or resulting from negligent acts or omissions by the contractor in the performance of his obligations under the contract, save and except for damage caused by the negligence of the Municipality or its employees. - - The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE - - The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY - ... The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. - The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. - The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS ... ... The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK - The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. ... The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. - - - - ... - - ... .... .... - - ... - .... .... - - - - - .... STANDARD TERMS AND CONDITIONS (continued) 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. - - - - - - - - - - - - - ... /\ / \\ \ / \ / B B /\ - - Project No. 04103 - - - GSM CONTRACT DOCUMENTS TOTAL HOCKEY at the Garnet B. Rickard Recreation Complex Municipality of Clarington Contract No. BARRY. BRYAN ASSOCIATES (1991) LIMITED Architects Engineers Landscape Architect Project Managers 11 Stanley Court, Unit 1 Whitby, Ontario L 1 N 8P9 Tel: (905) 666-5252 Tor: (905) 427-4495 Fax: (905) 666-5256 E-mail: bba@bba-archeng.com www.bba-archeng.com May 9, 2006 - - DIVISION 0 SECTION 00300 GENERAL CONDITIONS Page 1 - 1.0 GENERAL .. - .1 The Agreement, Definition and General Conditions of this Contract shall be the Canadian Standard Construction Document CCDC-2, 1994, Stipulated Price Contract, except as amended by the Supplementary General Conditions, Section 00400. End of Section - - - - ... - - - - - - - - 04103-00300wpd - - - DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 1 ... 1. GENERAL - .1 The Definitions and General Conditions of the Canadian Standard Construction Document CCDC-2, 1994, Stipulated Price Contract are amended as follows: .2 The Municipality of Clarington Standard Terms and Conditions appended to Instructions to Bidders shall be read in conjunction with, and form part of, the Contract document. Wherever the contents of this document exceed the requirements of the General Conditions, provide such additional requirements. - - 2. DEFINITIONS - The definitions set out on page 7 of the standard construction document are hereby amended by adding the following sentences to the appropriate paragraphs: .3 The term 'Owner' The Municipality of Clarington, shall be understood to mean The Corporation of the Municipality of Clarington, Bowmanville, Ontario, or their authorized representatives. - .7 The term 'Consultant', 'Architect' or 'Engineer', refers to Barry' Bryan Associates (1991) Limited, or their authorized representatives, in conjunction with the Owner. - 3. GC 2.3 - REVIEW AND INSPECTION OF THE WORK ... .1 Add the following to GC 2.3.2: - The Contractor shall give the Consultant and the Testing Agency at least three working days notice of the date and time fixed for all required tests and shall supply all labour, materials and fuel, etc. as necessary. 4. GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS - .1 Add new article as follows: - 3.2.6 The Contractor shall afford all other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work. 5. GC 3.7 - SUPERVISOR - .1 Add new article as follows: - 3.7.3 The Contractor's Supervisor shall be satisfactory to the Consultant and must be maintained on the job full time until all deficiencies have been corrected and the completion of the Contract has been reached. Applications to replace the Supervisor during or prior to this period will not be considered. - 6. GC 3.9 - LABOUR AND PRODUCTS - .1 Add new article as follows: - 3.9.4 Manufactured materials and equipment which are specified by their proprietary names or by part of catalogue numbers must be provided. Where a number of proprietary materials are specified for one use the Contractor may select any of the 04103-00400.wpd - .. DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS .. Page 2 .. materials specified. No substitute for the materials specified will be allowed unless written approval of alternate material equipment is authorized by the Consultant prior to signing of the Contract. .. .2 Add new article as follows: 3.9.5 The Contractor shall use all proprietary materials and equipment in strict accordance with the manufacturer's printed instructions. .. 7. GC 3.11 - SHOP DRAWINGS .. .1 Add new article as follows: 3.11.7 The Contractor shall arrange for the preparation of clearly identified shop drawings and submission of 6 copies of such shop drawings, erection and setting drawings or diagrams including electrical wiring schematics. The Consultant will return 3 copies to the Contractor. .. till .2 Add new article as follows: 3.11.8 The term Shop Drawings shall include erection and setting drawings, data sheets and electrical wiring schematics. .. .3 Add new article as follows: .. 3.11.9 The Shop Drawing Review Stamp shall be as herein shown: "This review by Barry' Bryan Associates (1991) Limited is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that Barry' Bryan Associates (1991) Limited approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for co-ordination of the work of all sub-trades". .. .. .. REVIEWED .. REVIEWED AS MODIFIED NOT REVIEWED .. BARRY. BRYAN ASSOCIATES (1991) LIMITED .. BY: DATE: .. III 04103-00400.wpd .. - - DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 3 - 7. GC 3.11 - SHOP DRAW INGS (Cont'd) - .4 Add new article as follows: 3.11.10 Samples: - Reviewed samples will be returned to the Contractor or his Superintendent on the site. Materials ordered and/or received must match reviewed samples. Any materials, whether incorporated in the building project or not, which do not match reviewed samples, shall be removed and replaced at the Contractor's expense. - 8. GC 3.12 - USE OF THE WORK - .1 Add new article as follows: - 3.12.3 The Owner shall have the right to enter and occupy the building in whole, or in part, for the purpose of placing fittings and equipment or for other uses before completion of the contract. Such entry and occupation shall not be considered as acceptance of the work or in any way relieve the Contractor from his responsibility to complete the contract. - 9. GC 3.14 - CLEAN-UP - .1 Add new article as follows: - 3.14.5 As soon as sections or areas of the work are completed and ready for painting, the Contractor shall remove all rubbish and waste, replace all broken glass and leave the areas clean suitable for painting to the Painter's approval. On completion of the work the Contractor shall remove the dust bywashing and vacuuming with industrial quality vacuum from walls, ceiling, sills, ledges, etc., thoroughly wash, wax and polish all floors and bases, clean and polish all mirrors and glass (both inside and outside) and leave the work in a condition satisfactory to the Consultant. Remove all plant and equipment, sheds, offices, barricades, hoarding, temporary roads, walks, and temporary services, surplus materials, and leave the work site in a condition satisfactory to the Consultant. - - .2 Add new article as follows: - 3.14.6 The Owner shall have the right to back charge cleaning to the Contractor if not done by the Contractor within 24 hours of notice to clean. - .3 Add new article as follows: - 3.14.7 The Owner shall have the right to back charge cost of damage to the site caused by contractor transportation in and out of the site if not repaired before final payment. - - 04103-00400. wpd - .. DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS . Page 4 . 10. GC 4.1 - CASH ALLOWANCES .1 Delete article 4.1.4 and insert the following: .. 4.1.4 In the event that the cost of the work covered by Cash Allowances should exceed the cash allowance, while the contract sum will be adjusted in conformity therewith, there shall be no adjustment to the Contractor's fee or other expenses such as overhead or profit, it being understood and agreed that the contract sum includes the Contractor's expenses and profit for all Cash Allowances whether or not they are exceeded. Work and material covered by Cash Allowance will be tendered later. The General Contractor shall sign the successful bidders as normal subcontractors and assume full responsibility for supervision, scheduling, guarantees and payment for this work. .. .. .. 11. GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER .1 Delete entirely, Articles 5.1.1 and 5.1.2. till 12. GC 5.3 - PROGRESS PAYMENT .1 Refer to Article 5.3.2 - Change "(5)" to "(30)". .. 13. GC 5.6 - PROGRESSIVE RELEASE OF HOLDBACK .1 Refer to Article 5.6.1 - Delete and replace with the following: .. "Holdback monies will not be released until 46 days after substantial performance of the Contract." .. 14. GC 5.7 - FINAL PAYMENT .1 Refer to Article 5.7.4 - Change "(5)" to "(30)". .. 15. GC 10.1 - TAXES & DUTIES .. .1 Add the following to GC 10.1.2: .1 The Contractor must provide a detailed breakdown of additional taxes if requested by the Owner in a form satisfactory to the Owner. .. .2 Profit and overhead shall not be included in the increase or decrease in costs incurred by the Contractor due to changes in the aforementioned taxes and duties. .. 16. GC 10.2 - LAWS. NOTICES. PERMITS AND FEES .1 Add new articles as follows: .. 10.2.6 It shall be the Contractor's responsibility to apply and pay for any Permits, the cost of which shall be included in the Stipulated Price except for the Municipality of Clarington Building Permit which will be obtained and paid for by the Owner. .. 04103-00400.wpd 10.2.7 The Contractor will file a Notice of Project with the Ministry and will pay any associated fees. The Contractor will be the 'Constructor' as defined by the Construction Health and Safety Act. .. .. - - DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 5 - 17 GC 11.1 - INSURANCE - .1 Add new paragraph: 11.1.1(6) The Corporation of the Municipality of Clarington and Barry . Bryan Associates (1991) Limited are to be included in the list of insured. - 18. GC 11.2 - BONDS - .1 Add new article as follows: 11.2.3 The bonds shall cover payment of all obligations occurred in the event of the Contractor's default, including the following: - - Payment of all legal, architectural, mechanical, electrical and structural engineering expenses incurred by the Owner in determining the extent of work executed and work still to be executed and any additional work required as a result of the interruption of the work. - Payment of additional expenses to the Owner in the form of Watchmen's services, light, heat, power, etc., payable over the period between the default of the original contract and commencement of the new contract. 19. GC 12.1 - INDEMNIFICATION - .1 Add new article as follows: - 12.1.5 The Contractor shall indemnify and hold harmless the Owner and the Consultant(s) for and against any and all costs and expenses (including legal and architect/engineering services and court costs) arising out of or a consequence of any default of the Contractor under the Contract. - 20. GC 12.3 - WARRANTY - .1 Add the following to GC 12.3.3: - The term "defect" shall not be construed as embracing such imperfections as would naturally follow misuse, failure to perform recommended maintenance, accident, or the wear and tear of normal use. - Generally, any manufactured item or material, which when used as directed, must be capable of such use for the duration of the specified warranty period. Failure to comply with this requirement shall be considered as being a "defect". - The costs of investigations, tests, repairs and/or replacement and the making good of any resulting damage shall be borne by the Contractor. The Contractor shall be responsible to see that all required work is performed without undue delay. - The carrying out of the replacement work and making good of defects shall be executed at such times as convenient with the Owner, which may entail overtime work on the part of the Contractor. The Owner shall give notice of observed defects promptly. Additional charges for overtime work in this regard must be borne by the Contractor. Prior to the expiry of the Warranty Period the Owner reserves the right to carry out a detailed and exhaustive inspection of the building with regard to all work carried out under the terms of this contract - 04103-00400.wpd - .. DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS . Page 6 . 20. GC 12.3 - WARRANTY (Cont'd) and the Contractor shall be required to make good the defective or unsatisfactory materials and/or workmanship observed. .. .2 Add new article as follows: .. 12.3.7 If extended warranties in excess of one year are required elsewhere in the Contract Documents, the provision of this article shall also apply for such extended periods. .. .3 Add new article as follows: 12.3.8 Any material or equipment requiring excessive servicing during the warranty period (or free maintenance period if applicable) shall be considered defective and the warranty (or free maintenance period) shall be deemed to take effect from the time that the defect has been corrected so as to cause excessive servicing to terminate. .. .4 Add new article as follows: .. 12.3.9 The Contractor shall make good in a permanent manner, satisfactory to the Owner, any and all damage to the work both during construction and during the period of warranty as aforesaid. The Contractor shall commence repairs on any work identified as defective within 48 hours or receipt of notice from the Owner or the Consultant. .. .. .5 Add new article as follows: 12.3.10 The decision of the Owner and Consultant shall be final as to the necessity for repairs or for work to be done under this Section. .. End of Section .. .. .. .. .. . . 04103-00400.wpd III - - DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS TABLE OF CONTENTS 1.01 GENERAL REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1.02 SPECIFICATION FORMAT ..................................................... 1 1.03 CO-OPERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1.04 EXAMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.05 CONCEALMENT OF PIPES, DUCTS, TUBING AND WIRING. . .. . . . . . ... . . . . . .. . . . .... 2 1.06 FASTENINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.07 CUTTING AND PATCHING ..................................................... 3 1.08 CO-ORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 1.09 CLOSING OFF AREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 1.10 VERIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. 4 1.11 OWNERSHIP OF MATERIALS................................................... 4 1.12 UTILITIES................................................................... 4 1.13 DUST CONTROL ON DRIVEWAYS AND IN WORK AREAS ........................... 5 1.14 FIRE PROTECTION REQUIREMENTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 1.15 INSPECTION OF WORK. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 5 1.16 SCHEDULING REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 - PART 1: GENERAL - Item Description - - - - - Pa~e No. - - - - - - - - - 04103-01005.wpd - - - DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS PAGE 1 - - 1.01 PART 1: GENERAL GENERAL REQUIREMENTS - - - - - .... - A. Unless specified otherwise, the provisions all Sections of Division 1 shall apply to all Sections of the specifications. B. Conform to the General Conditions of the Canadian Standard Construction Document CCDC 2 1994 Stipulated Price Contract as amended by the Supplementary General Conditions. C. Study all Contract Documents to determine additional work required by your Section on which the work of other Sections depend. D. Workmanship shall be of highest quality in accordance with best standard practice for this type of work, except where specified more precisely. E. All materials shall be exactly as specified. Only new materials will be permitted. Requests for the use of any alternate to the specified material and equipment must be submitted in writing to the Consultant, outlining the reasons for the alternate submission and the credit offered. Approval must be received in writing from the Consultant before the contractor proceeds with the alternate. The Consultant and Owner may reject any alternate without reason. F. Undertake a preconstruction survey of the existing building site and all structures in the vicinity of the proposed construction. Survey existing surface conditions. Document findings with photographs, and in writing to the Municipality of Clarington prior to construction. Be responsible for the repair of any damage not documented. 1.02 SPECIFICATION FORMAT A. These specifications are not intended as a detailed description of installation methods but serve to indicate particular requirements in the completed work. - - - - B. The Specification format is based on the Uniform Construction Index (U.C.I.) and the three part format of the Canadian National Master Specification. It is the contractors sole responsibility to provide all Work indicated in the Contract Documents. C. Separation of materials and products by Section, does not relieve the Contractor of his responsibility to coordinate and complete the all Sections of the Work in its entirety, and in accordance with the Contract Documents. 1.03 CO-OPERATION A. Cooperate with and coordinate with other trades as required for the satisfactory and expeditious completion of the work. Take field dimensions relative to this work. Fabricate and erect work to suit field dimensions and field conditions. Provide all forms, templates, anchors, sleeves, inserts and accessories required to be fixed to or inserted in the work and set in place or instruct the related trades as to their location. Pay the cost of extra work caused by and make up time lost as the result of failure to provide the necessary cooperation, information or items to be fixed to or built in, in adequate time. - - - 04103-01005.wpd - .. DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS .. PAGE 2 . 1.03 CO-OPERATION (Cont'd) B. Cooperate fully with, and provide assistance to all outside authorities including Building Inspectors, testing agencies, Consultants and the Project Manager, with the inspection of the work. .. C. Coordinate all connections to public utilities with the applicable authorities. .. 1.04 EXAMINATION .. A. Examine the work upon which your work depends. Report in writing defects in such work. The commencement of work or any part of it, shall be deemed acceptance of the work upon which work or that part of it which has been applied depends. .. B. Drawings are, in part, diagrammatic and are intended to convey scope of work and indicate general and approximate location, arrangement and sizes of fixtures and equipment. Obtain more accurate information about locations, arrangement and sizes from study and coordination of shop drawings and interference drawings, including architectural, structural, mechanical and electrical drawings and become familiar with conditions and spaces affecting these matters before proceeding with work. Where job conditions require reasonable changes in indicated locations and arrangements, make changes at no additional cost to Owner. Install and arrange fixtures and equipment in such a way as to conserve as much headroom and space as possible. .. .. .. C. 1.05 CONCEALMENT OF PIPES, DUCTS. TUBING AND WIRING 1.06 04103-01005.wpd A. Conceal pipes, ducts, tubing, conduit and wiring located in finished areas, within ceiling spaces and furred construction unless specifically noted to be left exposed. .. B. If any doubt arises as to the means of concealment, or intent of contract documents, request clarification from the Consultant before proceeding with the portion of the work in question. .. C. Do not install conduit, piping or the like exposed on face of exterior walls or surfaces without express consent of the Consultant. .. D. Mechanical and Electrical work shall be inspected and tested before being concealed. FASTENINGS .. A. Supply all fastenings, anchors and accessories and adhesives required for fabrication and erection of the work. .. B. Exposed metal fastenings and accessories shall be of same texture, colour and finish as base metal on which they occur. .. C. Fastenings used in humid areas, or exposed outside of the building, shall be stainless steel. D. Metal fastenings shall be of the same material as the metal component they are anchoring or of a metal which will not result in an electrolytic action which would cause damage to the fastening or metal component under moist or acidic conditions. .. .. .. - - DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS PAGE 3 - 1.06 FASTENINGS (Cont'd) ... - E. Anchoring and fastening devices or adhesive shall be of appropriate type and shall be used in sufficient quantity in such a manner as to provide positive permanent anchorage of the unit to be anchored in position. Install anchors at spacing to provide for required load carrying capacity. F. Keep exposed fastenings to a minimum, evenly spaced and neatly laid out. - - G. H. Supply adequate instructions and templates and, if necessary, supervise installation where fastenings or accessories are required to be built into work of other trades. Fastenings which cause spalling or cracking of material to which anchorage is being made are not permitted. - 1.07 I. Powder actuated fastening devices will not be permitted on this project. CUTTING AND PATCHING - A. Cut, patch and make good to leave work in a finished condition. B. Do cutting and patching in the following manner: - - - - 1. Regardless of which Subcontractor or Section of the specifications is responsible for any portion of cutting and patching work, in each case tradesmen qualified in the work being cut and patched shall be employed to ensure that it is correctly done. Do not cut, drill or sleeve load-bearing members without first obtaining Consultant's written authority for each condition. Drill work carefully, leaving clean hole not larger than required. Cut holes after they are located by trades requiring them. Make cuts with clean, true, smooth edges. Fit units to tolerances established and in conformance with best standard practice for applicable class of work. Make patches invisible in finished work. Co-ordinate work of your Section with work of other Sections, taking into account existing installations to assure best arrangement of components in available space. For critical locations review with Consultant before commencing work. 2. 3. 4. 5. 6. - 1.08 CO-ORDINATION - A. Co-ordinate all sections of the work. The responsibility as to which subcontractor, or supplier provides labour, material, equipment or services rests solely with the Contractor. The Consultant will not be required to settle disputes between the Contractor and subcontractors or suppliers. - 1.09 CLOSING OFF AREAS - - 041 03-01 005.wpd - A. Close off access routes by placing barricades or to prevent unauthorized personnel from having access to areas of the work. Unauthorized personnel shall mean anyone not directly concerned with the execution, supervision or inspection of the work. .. DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS .. PAGE 4 . 1.10 VERIFICATION 1.11 A. Carefully check the drawings and specifications and draw to the attention of the Consultant any apparent discrepancies or dimensional errors before proceeding with the work. Any job deviation from the specifications and drawings shall be drawn to the attention of the Consultant for decision before proceeding with the work. Check and verify all dimensions at the job site. All dimensions when pertaining to the work of other trades shall be verified with the Contractor concerned prior to start of the work. .. .. OWNERSHIP OF MATERIALS .. A. All work or material delivered on the site or premises to form part of the works, shall be considered the property of the Contractor until installed and shall not be removed without the consent of the Owner, but the Contractor shall have the right to and shall remove the surplus material after he has completed the work. If so directed by the Owner, such surplus material shall be removed at any time prior to the completion of the work. .. .. B. All excess or un-used materials shall be removed from the Owner's property, and disposed of at a location arranged for by the Contractor, and at the Contractor's expense, unless specifically noted otherwise. .. 1.12 UTILITIES 04103-01005.wpd A. .. Be responsible for the protection of all utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from relocation or repair due to the Contractor failing to provide adequate protection. B. The location and depth of any underground utilities shown on the Contract Drawings are based on the investigations made by the Owner. Contact the appropriate utilities for further information in regard to the exact location of all utilities and exercise the necessary care in construction operations and take such other precautions as are necessary to safeguard the utilities from damage. .. .. C. Give proper notices for new services as may be required. Make arrangements with authorities and utilities for service connections required. .. D. Pay any charges levied by utilities or authorities for work carried out by them in connection with this Contract, unless specified otherwise. .. E. Operate and maintain all utility systems affected by work of the Contract, until the building or specific portions thereof have been accepted by the Owner. .. F. Report existing unknown services encountered during excavation to Consultant for instructions; cut back and cap or plug unused services. Be responsible for the protection of all active services encountered and for repair of such services if damaged. .. .. III .. - - DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS PAGE 5 - 1.13 DUST CONTROL ON DRIVEWAYS AND IN WORK AREAS - - - A. Be solely responsible for controlling dust nuisances resulting from operations, both within the work limits and elsewhere as directed by the Owner. Quantities of water and calcium chloride shall be supplied and applied by the Contractor to those areas as being necessary and unavoidable for the prevention of dust nuisance or hazard to the area, as directed by the Consultant at no additional cost. B. Care shall be taken to control dust. Provide adequate protection and dust screens to the complete satisfaction of the Consultant - 1.14 FIRE PROTECTION REQUIREMENTS A. Provide fire protection to the finished project as indicated on the drawings and in the Technical Sections of the Specifications. - - - - - - - - B. Test methods used to determine fire hazard classifications and fire performance ratings of assemblies and materials shall be as required by the Ontario Building Code. C. When requested, furnish the Owner with evidence of compliance with the fire protection requirements. D. Materials and components used to construct fire rated assemblies and materials requiring fire hazard classification shall be listed and labelled or otherwise approved by the appropriate authority. Labelled materials and their packaging shall bear fire rating authorities label showing product classification. E. Fire rated door assemblies shall include doors, frames, anchors and hardware and shall bear label of fire rating authority showing opening classification and rating. F. Materials having a fire hazard classification shall be installed in accordance with the fire rating authorities printed instructions. G. Fire rated assemblies and all components shall be in accordance with the referenced design criteria. Deviations from the requirements of the referenced authority will not be permitted. H. Construct all fire rated assemblies as continuous, uninterrupted elements, except for permitted openings. Extend rated walls or partitions from the floor to the underside of the structure above. I. Fill and patch voids and gaps around openings and penetrations and at the perimeter of the assembly to maintain continuity and to produce a fire resistant smoke tight seal. - 1.15 INSPECTION OF WORK A. The Consultant shall have access to the work for the purpose of inspection. The Consultant may order any extra tests or inspections that may be deemed necessary to ascertain the proper execution of the work. If the work is found in accordance with the contract, the Municipality of Clarington shall pay the costs of extra tests or inspections. If the work is found deficient, the Contractor shall pay the costs of tests and inspections, in addition to the cost to make the work acceptable under the terms and conditions of the contract. - - 04103-01005.wpd - 'lIlII DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS AND SPECIAL PROVISIONS III PAGE 6 . 1.16 SCHEDULING REQUIREMENTS A. There will be periods during construction where no excessive noise can occur and these operations would have to be scheduled at an approved time. Allowances must be made for this special scheduling and hardship or delay claims will not be considered. .. B. Perform all work on a Monday to Friday basis between the hours of 7:00 am and 6:00 pm, and Saturday 9:00 am to 6:00 pm unless otherwise directed by the Owner. No work will be permitted on Sundays. Working hours will be in accordance with local by-laws and ordinances where applicable. .. .. However, the contractors are advised that this schedule is subject to change without notice. Working hours will be reviewed and confirmed weekly, with the Municipality of Clarington's Project Manager. .. C. Refrain from work on Statutory Holidays recognized by the Owner. D. Provide all labour, material and equipment necessary to meet the schedule. . E. Prepare and submit for approval, a schedule and a work program based on the above general sequence taking into account key dates and scheduling requirements. .. End of Section .. .. .. .. .. .. . .. III 041 03-01 005.wpd . - - - DIVISION 1 SECTION 01200 SITE ADMINISTRATION Pa~e 1 PART 1: GENERAL - 1.01 SECTION INCLUDES - A. B. C. D. Site Administrative procedures. Site meetings. Supervision. Documents on site. - 1.02 REFERENCES - A. Canadian Construction Documents Committee CCDC 2-94 , Stipulated Price Contract. 1.03 PRE-CONSTRUCTION MEETING A. Immediately prior to construction and upon notification, attend where directed by the Owner, pre-construction meeting along with representatives of major subcontractors as requested by the Consultant and Owner. - - - - B. Purpose of the meeting will be as follows: 1. Review communication procedures. 2. Review contract administration requirements including submittals, payment and change notice procedures. 3. Review construction schedule and identify critical dates and points in the schedule. 4. Identify product availability problems and substitution requests. 5. Establish site arrangements and temporary facilities. 6. Review any items requiring clarification. - 1.04 SITE MEETINGS A. - B. - C. - Prior to commencement of the Work, the Contractor together with the Consultant, shall mutually agree on a schedule for on site project meetings. Meetings will be held at least bi-weekly. Organize all necessary meetings. Ensure that persons whose presence is required are in attendance and that relative information is available to allow meetings to be conducted efficiently. The Consultant will record minutes of each meeting and distribute copies to all participants not later than four days after meeting. A. 1.05 SUPERVISION - - - 04103-01200.wpd - Employ an experienced and qualified superintendent who shall devote his time exclusively to the work of this Contract and who shall be in complete charge of the work from commencement until Total Completion. A working foreperson will not be acceptable. The superintendent shall not be changed after commencement of the work without approval of the Consultant. .. DIVISION 1 SECTION 01200 SITE ADMINISTRATION . Paqe 2 .. 1.05 SUPERVISION (Cont'd) B. Supervise, direct, manage and control the work of all forces carrying out the work, including contractors and suppliers. Carry out daily inspections to ensure compliance with the Contract Documents and the maintenance of quality standards. Ensure that the inspectors include personnel competent in inspecting the work of the mechanical and electrical trades. .. .. 1.06 DOCUMENTS ON SITE .. A. Contractors field office shall at all times contain a compete set of Contract Documents (Drawings and Specifications) with all addenda, site instructions, change orders, reviewed shop drawings and samples, finish schedules, hardware lists, progress reports, schedules, inspection reports and meeting minutes. .. B. Maintain building permit, including permit drawings and all reports or orders from jurisdictional authorities on site. .. C. Maintain 'As-built' documents on site. .. PART 2: PRODUCTS NOT APPLICABLE .. PART 3: EXECUTION NOT APPLICABLE .. End of Section .. - .. .. .. .. .. 04103-01200. wpd .. - - - DIVISION 1 SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - 1.02 - A. B. C. D. Schedule, form, content. Scheduled revisions. Critical path scheduling. Progress photographs. RELATED WORK SPECIFIED ELSEWHERE A. Closeout Procedures Section 01770 1.03 SCHEDULES REQUIRED A. Submit schedules as follows: 1 . Construction Progress Schedule. 2. Submittal Schedule for Shop Drawings and Product Data. 3. Submittal Schedule for Samples. 4. Product Delivery Schedule. - - 1.04 FORMAT - - A. B. C. D. E. F. Prepare schedule in form of a horizontal bar chart. Provide a separate bar for each major item of work, trade or operation. Split horizontally for projected and actual performance. Provide horizontal time scale identifying first work day of each week. Format for listings: chronological order of start of each item of work. Identification of listings: Systems description. - 1.05 SUBMISSION - - - - - - 04103-01320. wpd - A. Submit initial format of schedules within 15 working days after award of Contract. B. Submit schedules in electronic format, using Microsaft MS Project software, forward [through e-mail to the consultant as pdf files. C. Submit one coloured reproduction, plus 2 copies to be retained by Consultant. D. Consultant will review schedule and return review copy within 10 (ten) days after receipt. E. Resubmit finalized schedule within 7 days after return of review copy. F. Submit revised progress schedule with each application for payment. G. Distribute copies of revised schedule to: 1. Job site office. 2. Subcontractors. 3. Other concerned parties. 4. Instruct recipients to report to Contractor within 10 days, any problems anticipated by timetable shown in schedule. iii DIVISION 1 SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION .. Page 2 III 1.06 PROGRESS PHOTOGRAPHS A. Submit electronic and hard copy of colour digital photography in jpg format, standard resolution. .. B. Identification: name and number of project and date of exposure indicated. .. C. Number of viewpoints: four. Locations of viewpoints determined by Consultant. D. Frequency: monthly with progress statement. III 1.07 SUBMITTAL SCHEDULE A. Include schedule for submitting shop drawings, product data, and samples. ... B. Indicate dates for submitting, review time, resubmission time, last date for meeting fabrication schedule. .. C. Include dates when reviewed submittals will be required from Consultant. Allow minimum 10 (ten) working days for circulation and review of all submittals. .. PART 2: PRODUCTS 2.01 NOT APPLICABLE .. PART 3: EXECUTION .. 3.01 NOT APPLICABLE End of Section ... .. II .. .. III .. 041 03-01320 .wpd .. ... - ... DIVISION 1 SECTION 01330 SUBMITTAL PROCEDURES Page 1 PART 1: GENERAL SECTION INCLUDES ... - ... 1.01 A. B. C. D. E. Shop drawings and product data. Samples. Certificates and transcripts. Interference drawings. Procedure submittals. 1.02 RELATED WORK - - 1.03 - A. B. C. D. General Instructions Construction Progress Documentation Quality Control Closeout Submittals Section 01005 Section 01320 Section 01450 Section 01780 REFERENCES A. Canadian Construction Documents Committee CCDC 2-94, Stipulated Price Contract. 1.04 ADMINISTRATIVE A. Submit to Consultant submittals listed for review. Submit with reasonable promptness and in orderly sequence so as to not cause delay in 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 allowed. Work affected by submittal shall not proceed until review is complete. Present shop drawings, product data, samples and mock-ups in Metric units. Where items or information is not produced in Metric units converted values are acceptable. Errors in conversion are the responsibility of the Contractor. Review submittals prior to submission to Consultant. This review represents that necessary requirements have been determined and verified, or will be, and that each submittal has been checked and co-ordinated with requirements of Work and Contract Documents. Submittals not stamped, signed, dated and identified as to specific project by the General Contractor will be returned without being examined and shall be considered rejected. Notify Consultant, in writing at time of submission, identifying deviations from requirements of Contract Documents stating reasons for deviations. Verify field measurements and affected adjacent Work are coordinated. Contractor's responsibility for errors and omissions in submission is not relieved by Consultant's review of submittals. Contractor's responsibility for deviations in submission from requirements of Contract Documents is not relieved by Consultant review. Keep one reviewed copy of each submission on site. ... - - ... - - ... - - J. B. C. D. E. F. G. H. I. - 04103-01330.wpd -n lIIlII DIVISION 1 SECTION 01330 SUBMITTAL PROCEDURES .. Page 2 .Ii 1.05 SHOP DRAWINGS AND PRODUCT DATA 04103-01330.wpd A. B. Refer to CCDC 2 GC 3.11. Indicate materials, methods of construction and attachment or anchorage, erection diagrams, connections, explanatory notes and other information necessary for completion 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. Allow seven (7) working days for Consultant's review of each submission. Adjustments made on shop drawings by Consultant are not intended to change Contract Price. If adjustments affect value of Work, state such in writing to Project Manager prior to proceeding with Work. Make changes in shop drawings as Consultant may require, consistent with Contract Documents. When resubmitting, notify Consultant in writing of any revisions other than those requested. Accompany submissions with transmittal letter, containing: 1. Date. 2. Consultant's Project title and number. 3. Project Manager's name and address. 4. Identification and quantity of each shop drawing, product data and sample. 5. Other pertinent data. Submissions shall include: 1. Date and revision dates. 2. Project title and number. 3. Name and address of: (1) Subcontractor. (2) Supplier. (3) Manufacturer. 4. Contractor's stamp, signed by Contractor's authorized representative certifying approval of submissions, verification of field measurements and compliance with Contract Documents. 5. Details of appropriate portions of Work as applicable: (1) Fabrication. (2) Layout, showing dimensions, including identified field dimensions, and clearances. (3) Setting or erection details. (4) Capacities. (5) Performance characteristics. (6) Standards. (7) Operating weight. (8) Wiring diagrams. (9) Single line and schematic diagrams. (10) Relationship to adjacent work. After Consultant's review, distribute copies. Submit 6 prints of shop drawings for each requirement requested in specification Sections and as consultant may reasonably request. Submit 6 copies of product data sheets or brochures for requirements requested in specification Sections and as requested by Consultant where shop drawings will not be prepared due to standardized manufacture of product. Delete information not applicable to project. Supplement standard information to provide details applicable to project. .. .. .. C. D. ... E. ... F. . .. G. .. II IIIIll .. .. .. H. I. . J. K. L. iii .. - - - DIVISION 1 SECTION 01330 SUBMITTAL PROCEDURES Page 3 1.05 SHOP DRAWINGS AND PRODUCT DATA (Cont'd) M. If upon review by Consultant, no errors or omissions are discovered or if only minor corrections are made, 3 copies will be returned and fabrication and installation of Work may proceed. If shop drawings are returned stamped "not reviewed", noted copy will be returned and re-submission of corrected shop drawings, through same procedure indicated above, must be performed before fabrication and installation of Work may proceed. The review of shop drawings by the Consultant is for sole purpose of ascertaining conformance with general design concept. This review shall not mean that the Consultant approves detail design inherent in shop drawings, responsibility for which shall remain with Contractor submitting same, and such review shall not relieve Contractor of responsibility for errors or omissions in shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for co-ordination of Work of all sub-trades. - - - - N. - 1.06 SAMPLES A. Submit for review samples as requested in respective specification Sections. Label samples with origin and intended use. Deliver samples prepaid to Consultant's business address. Notify Consultant in writing, at time of submission of deviations in samples from requirements of Contract Documents. Where colour, pattern or texture is criterion, submit full range of samples. Adjustments made on samples by Consultant are not intended to change Contract Price. If adjustments affect value of Work, state such in writing to Consultant prior to proceeding with Work. Make changes in samples which Consultant may require, consistent with Contract Documents. Reviewed and accepted samples will become standard of workmanship and material against which installed Work will be verified. - - - - B. C. D. E. F. G. 1.07 MOCK-UPS A. Erect mock-ups in accordance with 01450 - Quality Control. - 1.08 CERTIFICATES AND TRANSCRIPTS A. Immediately after award of Contract, submit Workplace Safety and Insurance Board status, transcription of insurances, bonds and all other documents, certificates or transcripts requ ired by the Contract Documents. - .. 1.09 PROCEDURES A. ... B. C. D. - ... 04103-01330.wpd - Where required by the Contract Documents, submit Safe Work Plans and Waste Management plans to the Owner. Submit one copy of the Contractors Corporate Construction Safety Policy to the Owner. Submit a Fire Safety Plan as specified in Section 01545. Submit WHMIS Material Safety Data Sheets for all products and materials to be used on site, to the Owner. Maintain copies of MSDS on site. 11II DIVISION 1 SECTION 01330 SUBMITTAL PROCEDURES .. Page 4 .. PART 2: PRODUCTS NOT APPLICABLE III PART 3: EXECUTION NOT APPLICABLE IIlIl End of Section .. .. .. .. .. ... .. .. .. .. .. Iii III 04103-01330.wpd Iii - - ... DIVISION 1 SECTION 01410 REGULATORY REQUIREMENTS Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - ... A. B. C. D. E. F. G. H. I. J. K. References and Codes. Owner's Regulations. Standards and Definitions. Hazardous Materials. Spills Reporting. Protection of Water Quality. Waste Management Program. Smoking Environment. Potable Water Systems. Access for Inspection and Testing. Other Regulatory Requirements. - 1.02 RELATED WORK - A. B. General Instructions Safety Requirements Section 01005 Section 01545 1.03 REFERENCES A. Perform Work in accordance with the Ontario Building Code Act, O. Reg. 403/97, the Ontario Building Code (OBC) including all current amendments and other codes of provincial or local application provided that in case of conflict or discrepancy, more stringent requirements apply. ... - - - - ... C. Where a material is designated in the Contract Documents for a certain application, unless otherwise specified, that material shall conform to standards designated in the Code. Similarly, unless otherwise specified, installation methods and standards of workmanship shall also conform to standards invoked by the aforementioned Code. D. Meet or exceed requirements of: 1. Contract documents. 2. Specified standards, codes and referenced documents. 3. Manufacturers instructions. E. Where requirements of Contract Documents exceed Code requirements provide such additional requirements. F. Where the Building Code or the Contract Documents do not provide all information necessary for complete installation of an item, then the manufacturer's instructions for first quality workmanship shall be strictly complied with. A. 1.04 OWNER'S REGULATIONS ... - ... 04103-01410wpd - Conform to the standard requirements for construction projects and procedures of the Municipality of Clarington. III DIVISION 1 SECTION 01410 REGULATORY REQUIREMENTS .. Page 2 .. 1.05 STANDARDS AND DEFINITIONS A. .. Where a reference is made to specification standards produced by various organizations, conform to latest edition of standards, as amended and revised to date of Contract. B. Have a copy of each specified standard which relates to your work available on the site to be produced immediately on Consultant's request. ... C. Where a standard designates authorities such as the "Engineer", the "Owner" (when used in a sense other than that defined in the General Conditions) the "Purchaser" or some other such designation, these designations shall be taken to mean the Consultant. .. D. Wherever the words "acceptable", "approved", "satisfactory", "selected", "directed", "submit", or similar words or phrases are used in standards or elsewhere in the Contract Documents, it shall be understood that they mean, unless the context provides otherwise, "acceptable to the Consultant", "approved by the Consultant", "satisfactory to the Consultant", "selected by the Consultant", "directed by the Consultant", "inspected by the Consultant", "instructed by the Consultant", "required by the Consultant" and "submit to the Consultants". .. .. 1.06 HAZARDOUS MATERIALS lIIIII A. The Owner will arrange for independent testing of suspected hazardous materials and removal of confirmed hazardous substances. .. B. In the event of discovery of potentially hazardous materials including friable materials, immediately stop work and notify the Owner, both orally and in writing. C. .. "Hazardous Materials" will not be introduced for experimental or any other use prior to being evaluated for hazards. D. Make known to the Consultant those "hazardous materials" intended to be used in the workplace and receive "Permission to Use" before introducing to the Universities property. In addition, the Contractor shall be responsible for providing any content data and safe use data, as may be required. ... .. E. Definition: "Hazardous Material" is material, in any form, which by its nature, may be flammable, explosive, irritating, corrosive, poisonous, or may react violently with other materials, if used, handled or stored improperly. Included are substances prohibited, restricted, designated or otherwise controlled bylaw. .. F. Many common construction materials such as asbestos pipe and various insulations are hazardous materials and shall not be used under any circumstances. Such materials are banned from the Owner's facilities. .. 1.07 SPILLS REPORTING 04103-01410.wpd .. A. Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Consultant. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act. .. .. Ilii - - - DIVISION 1 SECTION 01410 REGULATORY REQUIREMENTS Page 3 1.07 SPILLS REPORTING (Cont'd) B. All spills or discharges of liquid, other than accumulated rain water, from luminaries, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Owner. - - - C. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 1.08 WASTE MANAGEMENT PROGRAM A. Submit to the Owner for approval, a Waste Management Policy. - - - - - - - B. The Waste Management Policy shall clearly state the Contractor's proposed procedures for the removal, separation, storage, transportation and disposal of all waste materials. C. The Waste Management Policy shall include a Source Separation Program for recyclable waste, and shall be in accordance with the established policies currently in place at the Municipality of Clarington, and the requirements of O. Reg. 102/94. D. Waste materials shall include surplus excavated material, scrap construction material and the like. E. Reduce construction and demolition waste in compliance with O. Reg. 102/94. F. Reduction will involve action to minimize quantity of waste at source. Reuse products which would become waste where practical. Recycling will involve collection and source separation at the site, of materials for use as feedstock in manufacturing of new products. G. Conform to local Municipal Landfill Solid waste management requirements. Consider reduction, reuse and recycling of waste generated during construction such as dimensional lumber, clean drywall, concrete, brick, scrap metal and corrugated cardboard. 1.09 BUILDING SMOKING ENVIRONMENT A. Smoking is not permitted in the Municipality's buildings. Post "No Smoking" signs at visible locations within the construction area. - - 1 .1 0 POTABLE WATER SYSTEMS - A. Potable water systems in completed buildings must meet criteria and guidelines established by Provincial and Regional authorities, prior to occupancy by the Owner. B. Upon completion, submit testing certificates verifying water quality and water systems meet all applicable Provincial and Legislated Standards. - 1.11 ACCESS FOR INSPECTIONS AND TESTING - 04103-01410wpd - A. Cooperate fully with and provide assistance to, all outside authorities including Building Inspectors, utilities, testing agencies and consultants, with the inspection of the Work. .. DIVISION 1 SECTION 01410 REGULATORY REQUIREMENTS .. Page 4 .. 1.12 OTHER REGULATORY REQUIREMENTS A. Conform to the requirements of the Ontario Ministry of Transportation, Regional and Local authorities regarding transportation of materials. .. B. Obtain required road occupancy permits. .. C. Conform to the requirements of the Ontario Ministry of the Environment. D. Conform to the requirements of the Ontario Ministry of Labour. till E. Conform to all applicable local by-laws, regulations and ordinances. .. PART 2: PRODUCTS 2.01 NOT APPLICABLE .. PART 3: EXECUTION .. 3.01 NOT APPLICABLE End of Section .. .. III II .. .. .. II till 04103-01410.wpd III - - - DIVISION 1 SECTION 01450 QUALITY CONTROL Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - 1.02 - A. B. C. D. Inspection and testing, administrative and enforcement requirements. Mock-ups. Mill Tests. Equipment and system adjust and balance. RELATED WORK A. B. C. Section 01005 Section 01330 Section 01780 General Instructions Submittal Procedures Closeout Submittals - 1.03 WORK NOT INCLUDED - - A. Requirements specified herein do not apply to the following: 1. Inspection and testing required by laws, ordinances, rules, regulations and orders by public authorities. Testing, adjustment and balancing of mechanical and electrical systems and equipment. Inspection and testing performed exclusively for Contractor's convenience. 2. 3. 1.04 REFERENCES A. Canadian Construction Documents Committee (CCDC) - - 1.05 - - - - - - 04103-01450.wpd - 1. CCDC 2-94, Stipulated Price Contract. INSPECTION A. Refer to CCDC 2, GC 2.3. B. Allow Consultant access to Work. If part of Work is in preparation at locations other than Place of Work, allow access to such Work whenever it is in progress. C. Give timely notice requesting inspection if Work is designated for special tests, inspections or approvals by Consultant, instructions, or law of Place of Work. D. If Contractor covers or permits to be covered Work that has been designated for special tests, inspections or approvals before such is made, uncover such Work, have inspections or tests satisfactorily completed and make good such Work. E. Consultant may order any part of Work to be examined if Work is suspected to be not in accordance with Contract Documents. If, upon examination such work is found not in accordance with Contract Documents, correct such Work and pay cost of examination and correction. If such Work is found in accordance with Contract Documents, Owner shall pay cost of examination and replacement. .. DIVISION 1 SECTION 01450 QUALITY CONTROL .. Page 2 .. 1.06 ACCESS TO WORK A. Allow access to Work, including off site manufacturing and fabrication plants. .. B. Cooperate to provide reasonable facilities for such access. .. 1.07 PROCEDURES A. Notify appropriate agency and Consultant in advance of requirement for test, in order that attendance arrangements can be made. .. B. Submit samples and/or materials required for testing, as specifically requested in specifications. Submit with reasonable promptness and in an orderly sequence so as not to cause delay in Work. .. C. Provide labour and facilities to obtain and handle samples and materials on site. Provide sufficient space to store and cure test samples. .. 1.08 REJECTED WORK A. .. Refer to CCDC, GC 2.4. B. Remove defective Work, whether result of poor workmanship, use of defective products or damage and whether incorporated in Work or not, which has been rejected by Consultant as failing to conform to Contract Documents. Replace or re-execute in accordance with Contract Documents. .. C. Make good other Contractor's work damaged by such removals or replacements promptly. .. D. If in opinion of Consultant it is not expedient to correct defective Work or Work not performed in accordance with Contract Documents, Owner may deduct from Contract Price difference in value between Work performed and that called for by Contract Documents, amount of which shall be determined by the Consultant. <<II 1.09 REPORTS .. A. B. Submit four (4) copies of inspection and test reports to Consultant. Provide copies to sub-contractor of work being inspected or tested. .. 1.10 MOCK-UPS 04103-01450.wpd A. .. Prepare mock-ups for Work specifically requested in specifications. Include for Work of all Sections required to provide mock-ups. B. Construct in all locations acceptable to Consultant. III C. Prepare mock-ups for Consultant's review with reasonable promptness and in an orderly sequence, so as not to cause any delay in Work. D. Failure to prepare mock-ups 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 allowed. III .. .. - - DIVISION 1 SECTION 01450 QUALITY CONTROL - 1.11 MILL TESTS - A. Submit mill test certificates as required of specifications Sections. 1.12 EQUIPMENT AND SYSTEMS - A. Submit adjustment and balancing reports for building equipment systems. PART 2: PRODUCTS - 2.01 NOT APPLICABLE - PART 3: EXECUTION 3.01 NOT APPLICABLE - End of Section - - - - - - - - - - 04103-01450.wpd - Page 3 - - - DIVISION 1 SECTION 01520 CONSTRUCTION FACILITIES Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - A. B. C. D. E. Construction aids. Office and sheds. Construction access and parking. Waste disposal. Project identification. 1.02 RELATED WORK - - 1.03 - A. B. C. D. General Instructions Regulatory Requirements Safety Requirements Temporary Barriers and Enclosures Section 01005 Section 01410 Section 01545 Section 01560 REFERENCES A. Canadian Construction Documents Committee CCDC 2- 94 , Stipulated Price Contract. 1.04 INSTALLATION AND REMOVALS A. Provide construction facilities in order to execute work expeditiously. - - B. Remove from site all such work after use. C. Make good all surfaces and restore site where disturbed by removal of temporary facilities. 1.05 FALSEWORK A. Design and construct falsework in accordance with CSA S269.1, and Ministry of Labour Regulations. - - 1.06 SITE STORAGE AND LOADING A. Refer to CCDC 2, GC 3.12. ... B. Confine work and operations of employees to areas of buildings affected by Contract Documents. Do not unreasonably encumber premises with products. - 1.07 SITE STORAGE AND LOADING - A. Do not load or permit to load any part of Work with a weight or force that will endanger the Work. - - 04103-01520.wpd - B. Store packed materials in original, undamaged condition with manufacturer's labels and seals intact. Handle and store materials in accordance with manufacturer's recommendations. Replace all damaged material. I .. DIVISION 1 SECTION 01520 CONSTRUCTION FACILITIES ifill Page 2 .. 1.08 CONSTRUCTION ACCESS AND PARKING A. Parking will be permitted on site provided it does not disrupt the performance of Work. .. B. Provide and maintain adequate access to project site as indicated and where directed by the Owner. .. C. If authorized to use new roads and driveways for access to project site, maintain such roads for duration of Contract and make good damage resulting from Contractors' use of roads. .. D. Height, width and weight restrictions must be verified prior to bringing equipment into the work area. E. .. Provide flagmen to direct traffic for large vehicles accessing public roads from the site. F. Obey and enforce all parking restrictions and speed limits. .. 1.09 SECURITY A. Be responsible for security of site, equipment, tools and materials. .. 1.10 EQUIPMENT, TOOL AND MATERIAL STORAGE A. .. Provide and maintain, in a clean and orderly condition, lockable weatherproof sheds for storage of tools, equipment and materials. B. Locate materials not required to be stored in weatherproof sheds on site in a manner to cause least interference with work activities and in a location assigned by the Owner. .. 1.11 SANITARY FACILITIES .. A. Sanitary facilities for work force are provided in accordance with governing regulations and ordinances. B. Post notices and take such precautions as required by local health authorities. Keep area and premises in sanitary condition. .. 1.12 WASTE DISPOSAL .. A. Provide appropriate garbage disposal bins. Dispose of all garbage and waste materials on a regular basis and in accordance with applicable legislation and municipal by-laws. Do not use Owner's refuse containers for construction debris. .. B. Do not permit waste to accumulate on site. C. .. Comply with the Waste Management Program specified in Section 01410. 1.13 CONSTRUCTION SIGNAGE 04103-01520. wpd . A. No signs or advertisements, other than warning signs and the Project Sign, are permitted on site. B. .. Safety and Instruction Signs and Notices: Graphic symbols shall conform to CAN3-Z321. ifill - - DIVISION 1 SECTION 01520 CONSTRUCTION FACILITIES Page 3 - PART 2: PRODUCTS - 2.01 NOT APPLICABLE PART 3: EXECUTION - 3.01 NOT APPLICABLE - End of Section - - - - - - ... - - - - - 04103-01520.wpd - - - - - 1.01 PART 1: GENERAL DIVISION 1 SECTION 01545 SAFETY REQUIREMENTS Page 1 SECTION INCLUDES - A. Safety Requirements. B. Fire Protection. 1.02 RELATED WORK - A. B. C. General Instructions Regulatory Requirements Construction Facilities Section 01005 Section 01410 Section 01520 - 1.03 SAFETY REQUIREMENTS - - - - ... - - - C. - D. - - 04103-01545.wpd - A. B. Observe and enforce all construction safety measures and comply with the latest edition and amending regulations of the following documents and in the event of any differences among those provisions, the most stringent shall apply: 1. Occupational Health and Safety Act and Regulations for Construction Projects, August 1997, Ontario Regulation 213/91 as amended by Ontario Regulation 631/94, R.R.O. 1990, Regulation 834. Hazardous Projects Act and Canada Labour Code. The Workplace Safety and Insurance Board. Ontario Building Code Act Chapter 51 and Ontario Regulation 403/97 including amendments. Ontario Regulation 454-Fire Codes and Building Construction Operation DFC No. 301, issued by the Dominion Fire Commissioner. Regulation 447- Environmental Protection Act. National Building Code of Canada, Part 8: Safety Measures on Construction and Demolition Sites. National Fire Code of Canada. The Power Commission Act. The Operating Engineer's Act. Municipal statutes. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Obey all Federal, Provincial and Municipal Laws, Acts, Statutes, Regulations, Ordinances and By-laws which could in any way, pertain to the work outlined in the Contract, or to any employees of the Contractor. Satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a Contractor, and Constructor and/or Employer with respect to or arising out of the performance of the Contractors obligations under this Contract. The Contractor will be the "Constructor" as defined by the Occupational Health and Safety Act and will file a Notice of Project with the Ontario Ministry of Labour prior to commencement of the work. Confined Space: Where applicable, provide the Consultant and all Regulatory Authorities with a copy of the Contractors' Confined Space Entry Procedure. In the event that defined procedures are not available, abide by the applicable requirements of the Occupational Health and Safety Act and all regulations made thereunder. III DIVISION 1 SECTION 01545 SAFETY REQUIREMENTS .. Page 2 . 1.03 SAFETY REQUIREMENTS (Cont'd) E. The supervisor of the project, will be responsible for his employees and subcontractors/suppliers maintaining standard safety practices, as well as the specific safety rules listed below, while working on the Owner's property. .. F. .. The Owner reserves the right to order individuals to leave the site if the individual is in violation of any safety requirement or any Act, and any expense incurred will be the responsibility of the Contractor. .. G. Notify the Owner should any hazardous condition become apparent. Refer to Section 01410. H. Enforce the use of CSA approved hard hats and safety boots for all persons entering or working at the construction site. Refuse admission to those refusing to conform to this requirement. .. I. Provide safeguard and protection against accident or injury to any person on the site, adjacent work areas and adjacent property. 11II J. Provide safeguard and protection against damage to adjacent structures, properties and services. .. 1.04 FIRE PROTECTION .. A. Provide safeguard and protection against fire in accordance with current fire codes and regulations. B. Provide temporary fire protection throughout the course of construction. Particular attention shall be paid to the elimination of fire hazards. .. C. Comply with the requirements of FCC No. 301 Standards for Construction Operations issued by the Fire Commissioner of Canada and the National Building Code. .. D. Prior to construction, submit to the Owner and Consultant for review, a "Fire Safety Plan" conforming to Section 2.14 of the National Fire Code of Canada. Maintain a copy of the "Fire Safety Plan" on site. .. E. Provide and maintain portable fire extinguishers during demolition and construction, in accordance with Part 6 of the National Fire Code of Canada. .. F. Maintain unobstructed access for fire fighting at all areas in accordance with the National Building Code of Canada. .. 2.01 PART 2: PRODUCTS NOT APPLICABLE .. PART 3: EXECUTION fill 3.01 NOT APPLICABLE 04103-01545.wpd End of Section .. .. - - - DIVISION 1 SECTION 01560 TEMPORARY BARRIERS AND ENCLOSURES Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - 1.02 - A. B. C. D. Barriers Environmental Controls. Traffic Controls. Fire Routes. RELATED WORK A. B. General Instructions Construction Facilities Section 01005 Section 01520 1.03 REFERENCES A. Canadian Standards Association (CSA) 1. CSA 0121 Douglas Fir Plywood. - - 1.04 INSTALLATION AND REMOVAL - A. Provide temporary controls in order to execute Work expeditiously. B. Remove from site all such work after use. 1.05 WEATHER ENCLOSURES A. Provide weather tight closures to unfinished door and window openings, and other openings in floors, walls and roofs. - - - - - B. Close off floor areas where walls are not finished; seal off other openings; enclose building interior work for temporary heat. C. Design enclosures to withstand wind pressure and snow loading. D. Provide adequate weather protection around over all openings during the progress of the work to prevent damage to the building. Insulate openings to maintain comfort conditions in the area during construction. E. Provide minimum required temperatures and do everything necessary to produce a suitable environment for work to proceed without delay at all times of the year. F. Maintain the building in a secure and weatherproof condition at all times during construction. - 1.06 DUST TIGHT SCREENS - - 04103-01560.wpd - A. Provide and maintain dust tight screens or insulated partitions to localize dust generating activities, and for protection of workers, finished areas of Work, and public. B. Maintain and relocate protection until such work is complete. .. DIVISION 1 SECTION 01560 TEMPORARY BARRIERS AND ENCLOSURES . Page 2 .. 1.07 ACCESS TO SITE A. Provide and maintain access roads, sidewalk crossings, ramps and construction runways as may be required for access to Work. .. 1.08 PUBLIC TRAFFIC FLOW .. A. Provide and maintain signal flag operators, traffic signals, barricades and flares, lights, or lanterns as required to perform Work and protect the public. till 1.09 FIRE ROUTES A. Maintain access to property including overhead clearances for use by emergency response vehicles. .. 1.10 PROTECTION FOR OFF-SITE AND PUBLIC PROPERTY .. A. Protect surrounding private and public property from damage during performance of Work. B. Be responsible for damage incurred. .. 1.11 PROTECTION OF BUILDING FINISHES A. Provide protection for finished and partially finished building and existing building finishes and equipment during performance of Work. .. B. Provide necessary screens, covers, and hoardings. .. C. Confirm with Consultant locations and installation schedule 3 days prior to installation. D. Be responsible for damage incurred due to lack of or improper protection. .. E. Damaged work shall be made good by the appropriate trade. PART 2: PRODUCTS .. 2.01 NOT APPLICABLE PART 3: EXECUTION .. 3.01 NOT APPLICABLE .. End of Section .. ... ~ .. 04103-01560.wpd ... - - DIVISION 1 SECTION 01740 CLEANING Page 1 - PART 1: GENERAL - 1.01 SECTION INCLUDES A. Progressive cleaning. B. Final cleaning. - 1.02 RELATED WORK SPECIFIED ELSEWHERE - A. B. Regulatory Requirements Closeout Procedures Section 01410 Section 01770 1.03 REFERENCES - A. Canadian Construction Documents Committee (CCDC) - 1. CCDC 2- 94 , Stipulated Price Contract. 1.04 PROJECT CLEANLINESS - A. Conform to the Waste Management Program specified in Section 01410. B. Maintain Work in tidy condition, free from accumulation of waste products and debris, including that caused by Owner or other Contractors. - C. Remove waste materials from site at regularly scheduled times or dispose of as directed by Consultant. Do not burn waste materials on site. - D. Make arrangements with and obtain permits from authorities having jurisdiction for disposal of waste and debris. - E. Provide on-site containers for collection of waste materials and debris. F. Provide and use clearly marked separate bins for recycling. - G. Remove waste material and debris from site and deposit in waste container at end of each working day. - H. Dispose of waste materials and debris off site. I. Clean interior areas prior to start of finish work, and maintain areas free of dust and other contaminants during finishing operations. - J. Store volatile waste in covered metal containers, and remove from premises at end of each working day. - K. Provide adequate ventilation during use of volatile or noxious substances. Use of building ventilation systems is not permitted for this purpose. - L. Use only cleaning materials recommended by manufacturer of surface to be cleaned, and as recommended by cleaning material manufacturer. - 04103-01740.wpd - . DIVISION 1 SECTION 01740 CLEANING .. Page 2 . 1.04 PROJECT CLEANLINESS (Cont'd) M. Schedule cleaning operations so that resulting dust, debris and other contaminants will not fall on wet, newly painted surfaces nor contaminate building systems. . N. Close rooms and areas finished by painter and decorators to all but authorized persons. .. O. On completion of work remove stains and smudges from paint work, hardware, aluminum and other finished surfaces and wash and polish glass. .. P. Replace all broken, damaged or scratched glass other than those which have been broken or damaged by those installing them which shall be replaced by the installers. Q. Upon completion of final cleaning, and immediately prior to Total Performance, remove cleaning equipment, tools, waste materials and debris from the building and site. . 1.05 FINAL CLEANING IIlIII A. Refer to CCDC 2, GC 3.14. . PART 2: PRODUCTS 2.01 NOT APPLICABLE .. PART 3: EXECUTION . 3.01 NOT APPLICABLE End of Section . till .. .. . Ii .. 04103-01740. wpd .. - - - DIVISION 1 SECTION 01770 CLOSEOUT PROCEDURES Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - 1.02 - 1.03 - - - 1.04 - - ... - - - - - - A. Administrative procedures preceding preliminary and final inspections of Work. RELATED WORK A. Closeout Submittals Section 01780 REFERENCES A. Canadian Construction Documents Committee (CCDC) 1. CCDC 2- 94 , Stipulated Price Contract. B. OAAlOGCA Document 100 - Recommended procedures regarding Substantial Performance of Construction Contracts and Completion Take Over of Projects. C. The Construction Lien Act. INSPECTION AND DECLARATION A. Contractor's Inspection: All Sub-contractors shall conduct an inspection of Work, identify deficiencies and defects, and repair as required to conform to Contract Documents. 1. Notify Consultant in writing of satisfactory completion of Contractor's Inspection and that corrections have been made. 2. Request Consultant's Inspection. B. Consultant's Inspection: Consultant and Contractor will perform inspection of Work to identify obvious defects or deficiencies. Contractor shall correct Work accordingly. C. Completion: submit written certificate that following have been performed: 1. Work has been completed and inspected for compliance with Contract Documents. 2. Defects have been corrected and deficiencies have been completed. 3. Equipment and systems have been tested, adjusted and balanced and are fully operational. 4. Operation of systems have been demonstrated to Owner's personnel. 5. Work is complete and ready for Final Inspection. D. Final Inspection: when items noted above are completed, request final inspection of Work by Consultant and Contractor. If Work is deemed incomplete by Consultant, complete outstanding items and request reinspection. E. Declaration of Substantial Performance: when Consultant considers deficiencies and defects have been corrected and it appears requirements of Contract have been substantially performed, make application for certificate of Substantial Performance. Refer to CCDC 2, General Conditions Article GC 5.4 - Substantial Performance of Work and the Construction Lien Act for specifics to application. F. Commencement of Lien and Warranty Periods: date of Owner's acceptance of submitted declaration of Substantial Performance shall be date for commencement for warranty period and commencement of lien period unless required otherwise by lien statute of Place of Work. - 04103-01770.wpd .. DIVISION 1 SECTION 01770 CLOSEOUT PROCEDURES III Page 2 . 1.04 INSPECTION AND DECLARATION (Cont'd) G. Final Payment: When Consultant considers final deficiencies and defects have been corrected and it appears requirements of Contract have been totally performed, make application for final payment. Refer to CCDC 2, General Conditions Article GC 5.7 for specifics to application. .. .. H. Payment of Holdback: After issuance of certificate of Substantial Performance of Work, submit an application for payment of holdback amount in accordance with CCDC 2, General Conditions Article 5.5. .. PART 2: PRODUCTS .. 2.01 NOT APPLICABLE .. PART 3: EXECUTION 3.01 NOT APPLICABLE .. End of Section .. .. .. .. .. .. ... III + .. 04103-01770.wpd .. - - - DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS Page 1 - 1.01 PART 1: GENERAL SECTION INCLUDES - - A. B. C. D. E. F. G. As-built, samples, and specifications. Record drawings. Equipment and systems. Product data, materials and finishes, and related information. Operation and maintenance data. Spare parts, special tools and maintenance materials. Warranties and bonds. - 1.02 RELATED WORK - A. B. C. General Instructions Submittal Procedures Closeout Procedures Section 01005 Section 01330 Section 01770 1.03 SUBMISSIONS A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. - - - - - B. Copy will be returned after final inspection, with Consultant's comments. C. Revise content of documents as required prior to final submittal. D. Submit to the Consultant, three (3) final copies of operating and maintenance manuals when the project is 75% complete according to progress payment amounts. E. Ensure spare parts, maintenance materials and special tools provided are new, undamaged or defective, and of same quality and manufacture as products provided in Work. F. If requested, furnish evidence as to type, source and quality of products provided. G. Defective products will be rejected, regardless of previous inspections. Replace products at own expense. - H. 1.04 MAINTENANCE MANUALS - FORMAT Pay costs of transportation. - A. Organize data in the form of an instructional manual. - B. Binders: vinyl, hard covered, 3 'D' ring, loose leaf 219 x 279 mm with spine and face pockets. C. When multiple binders are used, correlate data into related consistent groupings. Identify contents of each binder on spine. - D. Cover: Identify each binder with type or printed title 'Project Record Documents'; list title of project and identify subject matter of contents. - 04103-01780.wpd - III DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS III Page 2 .. 1.04 MAINTENANCE MANUALS - FORMAT (Cont'd) E. Arrange content by systems, under Section numbers and sequence of Table of Contents. .. F. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. III G. Text: Manufacturer's printed data, or typewritten data. H. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages .. 1.05 MAINTENANCE MANUALS - CONTENTS - EACH VOLUME .. A. Table of Contents: provide title of project; 1. 2. 3. Date of submission; names, Addresses, and telephone numbers of Consultant and Contractor with name of responsible parties; Schedule of products and systems, indexed to content of volume. .. .. B. For each product or system: 1. :1 .. List names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation; delete inapplicable information. .. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. .. E. Typewritten Text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions specified in Section 01450 - Quality Control. .. 1.06 RECORD DRAWINGS AND SAMPLES 04103-01780.wpd A. .. In addition to requirements in General Conditions, maintain at the site for Consultant one record copy of: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Field test records. 7. Inspection certificates. 8. Manufacturer's certificates. .. 'III B. Store record documents and samples in field office apart from documents used for construction. Provide files, racks, and secure storage. III .. .. - - - DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS Page 3 1.06 RECORD DRAWINGS AND SAMPLES (Cont'd) C. Label record documents and file in accordance with Section number listings in List of Contents of this Project Manual. Label each document "PROJECT RECORD" in neat, large, printed letters. - - - D. Maintain record documents in clean, dry and legible condition. Do not use record documents for construction purposes. E. Keep record documents and samples available for inspection by Consultant. 1.07 RECORDING ACTUAL SITE CONDITIONS A. Record information on set of black line opaque drawings obtained from the Consultant. - - - - - - - - B. Provide felt tip marking pens, maintaining separate colours for each major system, for recording information. C. Record information concurrently with construction progress. Do not conceal Work until required information is recorded. D. Contract Drawings and shop drawings: legibly mark each item to record actual construction, including: 1. 2. Any deviation from construction documents. Measured locations of internal utilities and appurtenances, referenced to visible and accessible features of construction. Field changes of dimension and detail. Changes made by change orders. Details not on original Contract Drawings. References to related shop drawings and modifications. 3. 4. 5. 6. E. Specifications: legibly mark each item to record actual construction, including: 1. Manufacturer, trade name, and catalogue number of each product actually installed, particularly optional items and substitute items. 2. Changes made by Addenda and change orders. F. Other Documents: maintain manufacturer's certifications, inspection certifications, field test records, required by individual specifications sections. 1.08 EQUIPMENT AND SYSTEMS - A. - B. - - 04103-01780.wpd - Each Item of Equipment and Each System: include description of unit or system, and component parts. Give function, normal operation characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. Operating Procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. II DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS III Page 4 . 1.08 EQUIPMENT AND SYSTEMS (Cont'd) C. .. Maintenance Requirements: include routine procedures and guide for trouble-shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. D. .. Provide servicing and lubrication schedule, and list of lubricants required. E. Include manufacturer's printed operation and maintenance instructions. F. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. .. G. .. Provide Contractor's coordination drawings. H. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. . I. Additional requirements: As specified in individual specification sections. 1.09 MATERIALS AND FINISHES .. A. Building Products, Applied Materials, and Finishes: include product data, with catalogue number, size, composition, and colour and texture designations. .. B. Instructions for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. .. C. Moisture-protection and Weather-exposed Products: include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. ... D. Additional Requirements: as specified in individual specifications sections. 1.10 SPARE PARTS III A. Provide spare parts, in quantities specified in individual specification sections. B. .. Provide items of same manufacture and quality as items in Work. C. Deliver to site; place and store. till D. Receive and catalogue all items. Submit inventory listing to Consultant. Include approved listings in Maintenance Manual. E. 04103-01780.wpd Obtain receipt for delivered products and submit prior to final payment. .. III .. till - - DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS Page 5 - 1.11 MAINTENANCE MATERIALS A. Provide maintenance and extra materials, in quantities specified in individual specification sections. - B. Provide items of same manufacture and quality as items in Work. - C. Deliver to site; place and store. D. Receive and catalogue all items. Submit inventory listing to Consultant. Include approved listings in Maintenance Manual. - E. Obtain receipt for delivered products and submit prior to final payment. - 1.12 SPECIAL TOOLS - A. Provide special tools, in quantities specified in individual specification section. B. Provide items with tags identifying their associated function and equipment. - C. Deliver to site; place and store. D. Receive and catalogue all items. Submit inventory listing to Consultant. Include approved listings in Maintenance Manual. - 1.13 STORAGE. HANDLING AND PROTECTION A. Store spare parts, maintenance materials, and special tools in manner to prevent damage or deterioration. - B. Store in original and undamaged condition with manufacturer's seal and labels intact. - C. Store components subject to damage from weather in weatherproof enclosures. - D. Store freezable materials in a heated and ventilated room. E. Remove and replace damaged products at own expense and to satisfaction of Consultant. - 1.14 WARRANTEES AND BONDS A. Separate each warranty or bond with index tab sheets keyed to Table of Contents listing. - B. List subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. - C. Obtain warranties and bonds, executed in duplicate by subcontractors, suppliers, and manufacturers, within ten (10) days after completion of the applicable item of work. D. Leave date of beginning of time of warranty until the Date of Substantial Performance is determined. - E. Verify that documents are in proper form, contain full information, and are notarized. - 04103-01780.wpd - 1) . DIVISION 1 SECTION 01780 CLOSEOUT SUBMITTALS .. Page 6 II 1.14 W ARRANTEES AND BONDS (Cont'd) F. Co-execute submittals when required. .. G. Retain warranties and bonds until time specified for submittal. PART 2: PRODUCTS .. 2.01 NOT APPLICABLE .... PART 3: EXECUTION 3.01 NOT APPLICABLE .. End of Section .. .. ... .. .. .. III .. till .. iii 04103-01780.wpd ...