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HomeMy WebLinkAbout2007-196 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007 - 196 Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library. 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, an amendment to the contract between Shoalts Zaback Architects Limited, Kingston ,Ontario, and said Corporation; and, 2. THAT the amended contract attached hereto as Schedule "A" form part of this By-Law BY-LAW read a first and second time this 29th day of October 2007 BY-LAW read a third time and finally passed this 29th day of October 2007 harlie Trim: Deputy. Mayor . /' construction document CCDC Stipula~'ed price contract >Mndow Conservation -Newcastle Community Centre Project: The Corporation of the Municipality of Clarington Tender CL 2001-43 / S & Z Project No. 0145 D ~ Canadian construction documents committee Reprint 1998 TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND COA"TRACTOR A-I The Work A--? Agreements and Amendments A-3 Contract Documents A-4 Contract Price A-S Payment A-6 Receipt of and Addresses for Notices A-7 Language oC the Contract A-8 Succession DEFINITIONS 1. Contract 2. Contract Documents 3. Owner 4. Contractor 5. Subcontractor 6. Supplier 7. Consultant 8. Project 9. Work 10. Place of the Work 11. Roduct 12. Provide ` I3. Contract Price 14. Contract Time t5. Working Day 16. Supplemental Inswc[ion 17. Change Order 18. Change Directive I9. Substantial Performance of the Work 2D. Value Added Taxes GENERAL CONDITTONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC L I Contract Documents GC 1.2 Law of the Contract GC 1.3 Rights and Remedies GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority of the Consultant GC 2.2 Role of the Consultant GC 2.3 Review and Inspection of the Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.! Control of the Work GC 3.2 Conswction by Owner or Other Contractors GC 3.3 Temporary Supports, Swctures, and Facilities GC 3.4 Document Review GC.3.5 Conswction Schedule GC 3.6 Conswction Safety GC 3.7 Supervisor GC 3.8 Subcontractors and Suppliers GC 3.9 Labour and Roducts GC 3.10 Documents at the Site GC 3.11 Shop Drawings GC 3.12 Use of the Work GC 3.13 Cutting and Remedial Work GC 3.14 Cleanup Standard Construction Document - CCDC 2 - 1994 PART4 ALLOWANCES GC 4.1 Cash Allowances GC 4.2 Contingrncy Allowance PART 5 PAYMENT GC 5.] Financing Information Required of the Owner GC 5.2 Applications for Progress Payment GC 53 Progress Payment GC 5.4 Substantial Performance of the Work GC S.5 Payment of Holdback upon Substantial Pcrformance of the Work GC 5.6 Rogressive Release of Holdback _ CC 5.7 Final Payment GC 5.8 Withholding of Payment GC 5.9 Non-conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Changes GC 6.2 Change Order GC 6.3 Change Directive GC 6.4 Conttaled or Unknown Conditions GC 6.5 Delays PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Stop the Work, or Terminate the Contract GC 7.2 Conuactor's Right to Stop the Work or Tetminate the Contract PART 8 DISPUTE RESOLUTION GC 8.1 Authority of the Consultant GC 8.2 Negotiation, Mediation, and Arbitration GC 8.3 Retention of Rights PART 9 PROTECTTON OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Roperty GC 9.2 Damages and Mumal Responsibility GC 9.3 Toxic and Hazardous Substances and Materials PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GC 10.2 Laws. Notices, Pernits, and Fees GC 10.3 Patent Fees GC 10.4 Workers' Compensation PART I I INSURANCE -BONDS GC 1 LI Insurance GC 1 L2 Bonds PART 12 INDEhINIFICATTON -WAIVER -WARRANTY GC 12.1 Indemnification GC I2.2 Waiver of Claims GC 12.3 Warranty ~CD~ CCDC Copyright 1994 Reprint 1998 Must not be copied in whole or in part without the written permission of the CCDC. ' November 1998 CCDC 2 - 1994 -NEW PAGES 33R AND 34R At the time of publication of CCDC 2 - 1994 and the accompanying guide, it was clear to the Committee and to the large marjority of those in the construction industry dealing with this document that GC 12.2.1.3 and GC 12.2.1.4 restricted the Contractor's continuing liability to an Owner. In the first instance, this relates to claims arising against the Contractor as a result of the Contractor having brought or introduced toxic or hazardous substances and materials to the place of the work; and in the latter instance, to claims arising with respect to substantial defects or deficiencies in the work. It is still the view of the Committee that the proper interpretation of those clauses is to that effect. It has been suggested to the Committee that there may be those who are attempting to interpret these clauses differently. Out of an abundance of caution, the Committee has recommended that pages 33 and 34 of the contract form be reworded insofar as they relate to GC 12.2.1.3 and GC 12.2.1.4 Accordingly new pages marked 33R and 34R will be found in the document, and copies are attached to this bulletin. The document will continue to be known as CCDC 2 - 1994. For further information, please contact the Secretary, CCDC at (613). 236-9455. Standard Construction Documan[ - C'C'DC 2 • 1994 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when n stipulated price Is the hasis of payment. This Agreement made on the _...__._ . __..___ ......... daY of _.~ a y _._. • two thousand and two (2002) m the year by and between The Corporation of the Municipality of Cla_rington _- - hereinafter called the "Owner" and Roof Tile hta na cement Inc. hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A-1 THE WORK The Contractor shall: L 1 perform the Yfork required by the Contract Documents for - window c o n s e r v a t i o n insert shove the ride of the {{'ark located at Newcastle Community Centre insert nbove the Plnee of fhe 14'ork which have been signed by the parties, and for which--Snoalts and zaback architects Ltd. insert obave the name of the Con.rutmnt 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 Gl'ork by the _1 5 t n day of . a p r i i _. _ _ - in the Year _._2 0 0 2.....__ and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Sub,rtantinl Performance of the i6"ork, by the 1 0th day of .l u n e in [he yeaz 2 00 2. CCDC 2 - 1994 File 00502 ~~ t ARTICLE A-2 AGREEMENTS AND AMENDMENTS 2.1 The Contrnct supersedes all prior negotiations, representations, or agreements, either written or oral, relating in any manner to the if ork, 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 Contrnct Documents referred to in Article A-1 of the Agreement -THE WORK: • Agreement Between Owner and Contractor • Definitions • The General Conditions of the Stipulated Price ContraM s • Specification: See attached Table of Contents " Drawings: Title Sheet At Front Elevation A2 Main Doors A3 Typical Window Elevation A4 Window Head Section AS Window Jamb Section A6 Window Sill • Bid Form: Signed January 28, 2002 (copy attached) ' Addenda: Addendum No. 1, January 23, 2002 (copy attached) " Letter of Intent: February 15, 2002 (copy attached) ~ (/n.sert here, attaching additional pages if required, a list identifying al! other Contract Documents e.g. Supplementary Conditions; .Specifications, giving a list oJcontents with section numbers and titles, number of pages, and date; Drawings, giving drawing number, title, dare, revision date or mark; Addenda, giving title, number, date) CCIK 2 - 1994 File 00502 2 • Window Conservation Table of Contents Newcastle Community Centre Section 00000 Page 1 of 1 November 2001 Section Title No. of Pages 00000 Table of Contents 1 00001 List of Drawings 1 00100 Instructions to Bidders g 00220 Existing Conditions Data 1 00410 List of Subcontractors 2 00710 General Conditions 1 00800 Supplementary General Conditions 2 01001 General Requirements 12 01006 Quality Control 1 01040 Coordination 2 01060 Regulatory Requirements 1 01535 Temporary Facilities 2 01545 Safety Requirements 4 01560 Temporary Controls 2 01561 Environmental Protection 1 01700 Contract Closeout 3 08611 Conservation of Wood Windows 5 08612 Wood Epoxy Consolidation 3 08613 Wood Epoxy Patching 2 09899 Surface Preparation 3 09900 Painting 3 Window Conservation Stipulated Price Bid Form Section 00300 Newcastle Com,nunity Hall Page 1 . 145 January 2002 ADDENDUM #1, CL2001-43 1.1 Bidder .1 Name of Bidder: Identification Tt ~~ hniktJp~2~ti('-i>/~ 1mlc: .2 Address of Bidder: 2~53~ ~~ fib rtiuSitsS>~~c~R~ ~:~~ L4j Imo; i 1.2 Delivery of Bid .1 We hereby deliver our Stipulated Price Bid to: Form The Municipality of Clarington, Office of the Clerk 40 Temperance Street Bowmanville, Ontario L1C 3A6 1.3 Bid Price .1 We, the undersigned, deGare that we have carefully examined the Contract Documents and Addenda numbered C~~ and having examined the Place of Work, and examined all conditions affecting the Work; hereby offer to enter into a Contract to perform the Work required by the Contract Documents for the Bid Price of: Dollars ($ 3l > /~ . W ) in Canadian funds, which price includes all applicable taxes in force at this date. .2 The Bid Price does not incude Federal Goods and Services Tax (GST). .3 The Bid Price does include the Ontario Retail Sales Tax. 1.4 Validity of Bid .1 Our bid will remain in good standing for 30 days after the closing date of bids. 1.5 Allowances .1 We have included any Cash Allowances which are set out in Section 01001 -General Requirements. 1.6 Enclosures .1 We enclose herewith the following: .1 Security deposit and Letter of Surety as spelled out in Section 00100, 1.7. .2 The Supplementary Bid Forms, List of Sub Contractors, OD410. 1.7 Addenda .1 We acknowledl bidding period: Addendum No. Addendum No. Addendum No. Addendum No. to receipt of the following Addenda issued during the ~ dated ~hW 1,:~ 2 ~, c~ L dated dated dated 1.6 Schedule .1 We have undertake to start the work on I c g~ ~SGt~S Day Month and to be substantially complete by Day Month Window Conservation Stipulated Price Bid Form Section 00300 Newcastle Community Hall Page 2 • 145 January 2002 ADDENDUM #1, C12001-43 1.9 Declarations .1 We understand that the Owner will pay all Federal Goods and Services Tax payable with respect to the Contract Amount and such is not included in the Bid Price. .2 We agree to execute the Contract and provide to the Owner with satisfactory Security specified in the conditions of the contract within seven (7) days from the date of notification of acceptance of the Stipulated Price Bid. 3 We declare that no person, firm or corporation other than the undersigned has any interest in the Stipulated Price Bid or in the proposed Contract for which the Stipulated Price Bid is made. .4 We declare that this Bid is irrevocable and may not be withdrawn by the undersigned and is open for acceptance the Owner during the Bic Acceptance Period as per Document 00100. .5 We agree to make application for all applicable fees and permits including the building permit and that the cost of such fees and permits (except the cost of the Building Permit fee which is not applicable for this Contract) has been included in our Bid Price. .9 We understand and agree that the Owner has no obligation to 2ccep this bid and may refuse it for any reason whatsoever in its sole and absolute discretion and without any explanation to the undersigned. 1.10 Signature of Signatures SIGNED, SEALED AND SUBMITTED for and on behalf of: name of (apply seal above signature) ~~C~~t= C9th,.-r~;U 6Ya+C~l~l_ XnA~„TkG~-~~' name and title of person signing witness signature name and title of person signing Date: This 2~~~'' day of J /kN wKM ^~ , 2002. • .`/incow Conservation _isi of Subcontractors Section 00410 Newcasne Community Centre 4ppendix S1 Page 1 of 2 __ November 2001 1 1 General 1 Document 00430, List of Subcontractors Appendix shall form an integral part of the Bid Form. 2 The bidder declares that it has ascertained to it's satisfaction that the sub-trades listed meet the qualification standards stated in the respective specification section. 3 Bidder shall make an entry against each possible subcontractor or by stating "own forces" (meaning under the direct employ of contractor). Please add to list all other subcontractors as required. 4 Upon request by Owner, submit qualification forms for listed subcontractors. 5 Once accepted, the listing must not be changed unless agreed upon in writing by the Owner. 6 The Bidder declares that it has ascertained to its complete satisfaction that the subcontractors listed are fully acquainted with the extent and nature of the Work involved and of the proposed construction schedule. 7 The Owner reserves the right to accept or reject any proposed sub-contractors in accordance with the procedures set out in G.C. 3.8.3 and 3.8.4 (CCDC 2). ' 1.2 List of Subcontractors Conservation of Wood Windows E--~t`I'L~._~j/kr=hi ~~it~"j?~t,E Epoxy Work k Surface Preparation tt Painting b~ bVingow Conservanon Newcastle Commurnty Centre _sr or Suocontractors .opengix S1 ~ec:,on 00410 ~~ce 2 of 2 Novemoe~ 2001 1.3 Signature of Bidder Signatures SIGNED, SEALED AND SUBMITTED for and on behalf of: ~I~fV~(~t-~IkEL!MiJ~j J/f.iG name i ~, '~~ ~ ~ ~ ~'~,~% (apply seal above signature) it%1-L•'~. ('.-f*~_ -I.,GI L! fG+`.`G,-.'s,' (~17kt.~~c~/`.',t'~ 1 name and title of person signing witness signature name and title of person signing Dated: This ~fy' ~' day of ~~' ~~=~ j .2002. ZURICH INSURANCE COMPANY HEAD OFFICE FOR CANADA 400 UNIVERSITY AVENUE TORONTO ONTARIO M5G 1S7 AGREEMENT TO BOND Dale: JANUARY 23, 2002 \\'HEREAS, ROOF TILE MANAGE.'13ENT INC. tender to CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Obligee) concerning WINDOW CONSERVATION NEW CASTLE COMMUNITY CENTRE NEWCASTLE, ONTARIO BOND NO. 6314076-2 (Principal) has submitted a tvrit[en dated JANUARY 24, 2002 and [he condition of this obligation being such that the Principal shall have the tender accepted within NINETY (90) days from the closins date of tender. \\'e, ZtiRICH INSURANCE COSIPANY, a corporation crea[ed and existing under the laws of Switzerland and duly aud~orized to uansact business o2 Suretysttip in the Province of ONTARIO as Surety, agree to issue for the Principal if the Principal shall enter into a contract with the Obligee, the following bond(s): (a) a contract Performance Bond of ( 50% ) of the contract price not exceeding the maximum sum of: FIFTY PERCENT OF THE CONTRACT AMOUNT ( 90% ) (b) a Labour and Material Payment Bond of ( % ) of the contract price no[ exceeding the maximum sum of: % ) This consent shall be nuli and void unless an application for the said bond(s) is made within thirty (30) days following the award of the contrac[. ZURICH INSURANCE COMPANY V~1 +~ ` ~f ` ` ~~ VERN C. CORBY, Attorney-ir,-fact. C. ~~~'Pi I ~FILES~OLNRFRM\CONS[NT MASTERS INSURANCE LIMITED MASTERS LIFE ~N$URANCE AGENCY LTD. MASTERS INSURANCE ~HAMILTO N~ LIMITED January 23, 2002 Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Purchasing Department Dear Sir/Madam: Re: Bidder -Roof Tile Management Inc. Window Conservation Project New Castle Community Centre - Tender No. CL2001-43 Masters Insurance (Hamilton) Limited has served as Insurance Brokers for Roof Tile Management Inc. for many years. At the present time, we have in place an on-going limit of liability of $5,000,000; with respect to bodily injury or property damage claims and further capacity is available to increase this limit, as required. We also have in place a Builder's Risk coverage program that has the capacity to provide limits of liability in excess of $25,000,000 any one project; with the further capacity to increase this limit, as required. Both Wrap Up Liability and Wrap Up Builder's Risk facilities are also available, as required. We consider Roof Tile Management Inc. to be extremly well managed and professional in all aspects of construction, and their record of completing projects, with excellent claims history results, is most impressive. continued..........\2 VAUGHAN ~ I-IAMILTON ~ WINDSOR 25 MAIN STREET WESr SuiTE 605 HAMILTON ONTARIO LSP 1 H 1 Fax: 19051 577-9154 TeL: (905) 577-1 180 1416) 798-7713 -2- Corporation of the Municipality of Claringron Attention: Purchasing Department The various insurers we have participating on Roof Tile Management Inc.'s insurance program have provided them with coverages on many single projects in the multi-millions of dollars range. With regard to the above captioned project, we would certainly consider favourably our support in the execution of the required Liability and Builders Risk Insurance coverages in support of the contract. Should you have any other questions about our experience with this contractor, please do not hesitate to contact our office.• Yo r~truJ Paul J. Kocukov Sr. Account Manager MASTERS INSURANCE (HAMILTON) LIMITED • C1ar~ n - Leading the Way February 15, 2002 Roof Tile Management Inc. Attention: Pieter Chung 2535 Drew Road Mississauga, ON L4T 1G1 P: 905-672-9992 8 F: 672-9902 Dear Mr. Chung: ._~ 2 , Via: Fax Regular Mail RE: CL2001-43 WINDOW CONSERVATION, NEWCASTLE COMMUNITY CENTRE Please be advised that Roof Tile Management Inc. have been awarded the above noted contract. A contract document will be prepared and will follow under the separate cover. In accordance with the General Terms and Conditions of the Tender/Quotation document, prior to the commencement of any work you are required to submit the following documentation to the undersigned: 1) Liability Insurance Certificate (naming The Municipality of Clarington and Shoalts and Zaback Architects Ltd. as additionally insured); 2) Workplace Safety and Insurance Board (WSIB) Certificate of Clearance; and 3) Proposed work schedule Thank you for your interest in this regard. Yours truly, /`; o-~. ~~~ Lou Ann Birkett, C.P.P., A.M.C.T Purchasing Manager LAB'km Cc: Fred Horvath, RDMR, RRFA, Director of Operations Gerry Shoalts, Shoalts and Zaback Architects Ltd. LETTER OF INTENT DNG: WP51 DATA/AWARD/ATENDERlACL01-43 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T (905) 623-3379 ARTICLE A-4 CONTRACT PRICE 4.1 The Contract Price, which excludes V clue Added Taxes, is: Thirty one thousand, seven hundred------------------- ------------------------------------------------dollars zero -31,700.00 and _ cents. $ - __. __-_--_- (G.S.T.) 4.2 Value Added Taxes (of __-_~ __ %) payable by the Owner to the Contractor are: Two thousand, two hundred and nineteen---------------- . - - .. ____. --------------------------------------------dollars and _-zero __ cents. $__2,2t9.o0 4.3 Total amount payable by the Owner to the Contractor far the construction of the Work is: Thirty three thousand, nine hundred and nineteen----- . _._..__._._._._.._.......__...... ------------------------------------------------dollars and zero cents. $ 3 3, 9 1 9. 0 0 4.4 All amounts are in Canadian funds. 4.5 These amounts shall be subject to adjustments as provided in the Contract Documents. CCDC 2 - 1994 File 00502 3 ARTICLE A-5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of ____ _ ten percent ( t ~ %), the Owner shall in Canadian funds: 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 upon Substantial Perjormnnce ojthe 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 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 - INSURANCE. 5.3 Interest 1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest a[ _ q n e &_ _ o n e - n a i f percent (_ 1_._5_ %) 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 RESOLUTION from the date the amount would have been due and payable under [he Contract. had it not been in dispute, until the date it is paid. CCDC 2 - 1994 File 005(Y2 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 regulaz post, to have been delivered within 5 i{'orking Days of the date of mailing when addressed as follows: The Owner a[ 40 Temperance Street __ .... .rtree! and number and postal bos number if npplicafife Bowmanville, Ontario L1C 3A6 pas! office or districl. province, pormf code_ _._..-.._.__ -___...._.__ __.___..-... _.___._._.. __.....__._ _._._._...... __._.._..__ _.._..__ __a.._,.. _.....__ _, The Contractor at 2535 Orew Road ______ slreet and number and pasta( box number if nppllc{(6Ie%` Mississauga, Ontario L4T 1G1 - - - _ -- -- posl office or distrtct province, posh! code,_ The Consultant a[ 4 Cataraqui Street, Suite 206 street and number and poslaf bax number f applicable Kingston, Ontario K7K 1Z7 post office or distnct provincr, posh co e ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepazed in both the English and French languages, it is agreed that in the even[ of any appazentdiscrepancybe[weenche English and Frenchversions, the English/~'iM* language shall prevail. * Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente conventioir est r~~lg.~`~ en anglais a la demande des patties. ARTICLE A-8 SUCCESSION 8.1 The Contract Documents aze 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. CCDC 2 - 1994 File 00502 5 In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. SIGNED AND DE[,IVERED in the presence of: OWNER The Corporation of the Municipality of Clarington name of owner ////~~n/~(t~'~J~//'/~~ ' .eip~naturr _ ~ John Mutton, Mayor - - '.4nlne 4nd fide- ers n i air - y -___ __ r. signnn, atti L Barrie, Clerk Home and title of person signing CONTRACTOR Roof Tile M~n/~agement Inc. - _..__.....__.___._ _ u L........t.._._._______ nnme of contrnc(or j sigmture / f / et~~ ix(/(/// I i _ -. nnme and (itfe ofperso ss~ig~ynin~g .eiRnrr(nre WITNESS signafnre name and title of person signing WITNESS signafnre nnme and !i(le of person signing name and title of person signing NB. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for: (a) proof gjauthority 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 (h) the affixing of a corporate seal, this Agreement should he properly sealed. CCDC' 2 - 1994 File 00502 (> Standard Construction Document -CCDC 2 - 1994 DEFINITIONS The fallowing Definitions shall apply to all Contract Documents. 1. 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. 2. Contract Documents The Contract Uocuments consist of those documents listed in Article A-3 of the Agreement -CONTRACT DOCUMENTS and amendments agreed upon between the parties. 3. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owners authorized agent or representative as designated to the Contractor in writing, but does not include the Can.rultant. 4. 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. 5. 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. 6. Supplier A.Supplier is a person or entity having a direct wntmct with the Contractor [o supply Producte no[ worked to a special design for the Wnrk. 7. Consultant The Consultant is Ure 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. S. Project The Project means the total construction contemplated of which the [fork 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 of the Agreement - THE WORK. 11. Product Product or Products means material, machinery, equipment and fixtures forming the [fork, but does not include machinery and equipment used to prepare, fabricate, convey, or erect the 6fork, which are referred to as construction machinery and equipment. 12. Provide Provide means to supply and install. CCDC 2 - 1994 File 00602 13. Contract Price The Contract Price is the amount stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 14. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A-1 of the Agreement -THE WORK from commencement of dte Work [o Substantial Performance of the Work-. I5. 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. 16. Supplementallns[ruction A Supplemental Instruction is an instmction, 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 [o supplement the Contract Documents as required for the performance of the Work. 17. Change Order A Change Order is a written amendment to the Contract prepazedby 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. 18. Change Directive A Change Directive is a written instmction prepared by the Consultant and signed by the Owner directing a change in the Il'ork within the general scope of the Contract Documents. 19. Substantial Performance of the Work Suhstantia! 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 no[ contain such deFmition, .Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 20. 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. CCDC 2 - 1994 File 00602 Standard Construction Document -CCDC' 2 - 199J GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC L1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work no[ consistent with, not coveredby, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contmc[ual 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, aSupplier, 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 any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents m accordance with such rewgnized meanings. L 1.5 Referencesin the Contract Documents to the singulaz shall be considered to include the plural as the context requires. 1.1.6 The specifications aze that portion of [he Contract Documents, wherever located and whenever issued, consisting of the written requirements and s[andazds for Products, systems, workmanship, and the services necessary far the performance of the Work. 1.1.7 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 conVOl the Contractor in dividing the work among .S'ubcontractors and Suppliers or in establishing the extent of the work to be performed by a ttade. 1.1.9 If there is a conflict within Contract Documents: the order of priority of documents, from highest to lowest, shall be • the Agreement between the Owner and the Contractor, • the Defmitions, • Supplementary Conditions, • the General Conditions, • Division 1 of the specifications, • Divisions 2 through 16 of the,specifica[ions, • material and finishing schedules, • drawings. CCDC 2 - 1994 File 00712 2 drawings of larger scale shall govern over those of smaller scale of the same date. 3 dimensions shown on drawings shall govern over dimensions scaled from drawings. 4 later dated documents shall govern over earlier documents of the same type. 1.1.10 The Owner shall provide the Contractor. without chazge, sufficient copies of the Contract Documents to perform the [fork. 1.1.11 Specifications, drawings, models, and copies thereof furnished by the Consultant aze and shall remain the Con.cultnnt's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All specifications, drawings, and models famished by the Consultant aze to be used only with respect to the Rork and are not to be used on other work. These specifications, dmwings, and models are not to be copied or altered in any rrranner without the written authorization of the Consultant. 1.1.12 Models famished by the Contractor at [he Owner's expense aze the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the ControctDncuments, 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 ollter, which consent shall no[ be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Uocumentr, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor, and the Cnn.rultant. 2.1.3 If the ConsultanPs employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonableob_jectionand whose status under the Contract Documents shall be that of the former Consultant. CCDC 2 - 1994 File 00712 to 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 of the final certificate for payment, and subject to GC 2.1 -AUTHORITY OF THE CONSULTANT and with the Owner's concurrence, from time to time until thc completion of any correction of defects as provided in pazagmph 12.3.3 of GC 12.3 -WARRANTY. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate [o the progress of construction to become familiaz with [he progress and quality of the work and to determine if [he York 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 representativesto 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 [o 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, GC 5.3 -PROGRESS PAYMENT, and GC 5.7 -FINAL PAYMENT. 2.2.5 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 connectionwith the Work in accordancewith 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. chazge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, .S'upplierr, or their agents, employees, or any other persons performing portions of the Work.. 2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Dncumentc 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 Use Owner or the C'a~tractor. 2.2.7 Claims, disputes, and other matters in question relating [o the performance of the lfbrk 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 Con.cultnnt and to the other party for the Con,cultanfs interpretation and finding which will be given by notice in writing to the parties within a reasonable time. 2.2.8 The Consultant will have authority to reject work which in the Con.cultanf s opinion does not conform to the requirements of the Contract Documents. Wheneverthe Consultant considers i[ necessary- or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the. Consultant to the Contractor, Subconlractonc, Suppliers, or their agents, employees, or other persons performing any of the Work. 2.2.9 During the progress of the Work the Consultant will furnish Supplemental lnctruction.r to the Contractor with reasonable promptness or in accordance with a schedule for such inswctions agreed to by the Consultant and the Contractor. 2.2.10 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 Dacumentc. CCDC 2 - 1994 File 00712 ll 2.2.11 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 -CHANGE ORDER and GC 6.3 -CHANGE DIRECTIVE. 2.2.12 The Consultant will conduct reviews of [he Work to determine the date of Substantial Performance of the 6€ork as provided in GC 5.4 -SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.13 All certificatesissued by the Consultant shall be [o the best of the Consultant's knowledge, information, and belief. By issuing any certificate, [he Consultant does not guarantee the Work is correct or complete. 2.2.14 The Consultant will receive and review written warranties and related documents required by [he Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe, and proper facilities at all times for the review of the Work by ttte Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than [he Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections, or approvals in the Contract Documents, or by [he Consultant s instmctions, 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. 2.3.3 The Contractor shall famish promptly to the Consultant two copies of certificates and inspection reports relating [o the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections, or approvals before such special tests, inspections, or approvals aze made, given or cmnple[ed, the Contractor shall, if so directed, uncover such work, have the inspections or tests saflsfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cos[ of examination and correction. If the work is in accordancewith the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. GC 2.4 DEFECTIVE WORK 2.4.1 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 cazelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors work desVoyed or damaged by such removals or replacements at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract CCDC 2 - 1994 File 00712 ]2 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 GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinatiog the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Prgject to other contractors and to perform work with own farces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: 1 provide for the co-ordination of the acflviUes and work of other contractors and Owner's own forces with the Work of the Contract; 2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; 3 enter into sepazate contrails 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 coverageof the Contractor as it affects the Work-; and 5 take all reasonable precautions to avoid labour disputes or other disputes on the Prgject arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: 1 afford the Owner and other contractors reasonable opportunity [o introduce and store their products and use their construction machinery and equipment [o execute their work; 2 coordinate 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 participatewithothercontractorsandtheOwnerinreviewingtheirconstructionscheduleswhendirected to do so; and 4 where paR of the 6i'ork 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 appazent deficiencies in such work. Failure by the Contractor to so CCDC 2 - 1994 File 00712 13 report shall invalidate any claims against the Owner by reason of the deficiencies in the work of other contractors or Owner's own forces except those deficiencies not then reasonably discoverable. 3.2.4 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. 3.2.5 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 deemed to have consented to arbitration of anv dispute with any other contractor whose contract with the Owners contains a similaz agreement to arbitrate. GC 3.3 TEMPORARY SUPPORTS, STRUCTURES, AND FACILITIES 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary supports, stmctmes, and facilities and Ute design and execution of construction methods required in their use. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such temporary supports, structures, and facilities and their method of construction are of such a nature [hat professional engineering skill is required to produce safe and satisfactory results. 3.3.3 Notwithstanding the provisions of GC 3.1 -CONTROL OF THE WORK, paragraph 3.3.1.. and pazagmph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, strnchtres, and facilities or specify a method of construction in whole or in part. such facilities and methods shall be considered to be part of the design of the li'ork and the Contractor shall not be held responsible for that part of [he design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency, or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information, and belief and in making such review the Contractor does no[ assume any responsibility to the Owner or the Consultant far 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 infornta[ion 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 [o 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; CCDC 2 - 1994 File 00712 14 .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 of GC 3.2 -CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations, and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. 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 patties under the Contract with respect to work to be performed under subcontract, and shall: 1 enter into contractsor written agreementswith Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; 2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and 3 be as fully responsible to the Owner far acts and omissions of Subcontractors, Suppliers, and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.8.2 The Contractor shall indicate in writing, at the request of the Owner, those Subcontractors or Suppliers whose bids have been receivedby the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those.Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.8.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.8.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. 3.8.5 The Contractor shall no[ be required to employ as a Subcontractor or Supplier, a person or firm to whom the Contractor may reasonably object. CCDC 2 - 1994 File 00712 15 3.8.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as [o the percentage of the .S'uhcontractor s or ,Supplier's work which has been certified for payment. GC 3.9 LABOUR AND PRODUCTS 3.9.1 The Contractor shall provide and pay for labour, Products, tools, constmction machinery and equipment, water, heat, light, power, transportation, and other facilities and services necessarv for the performance of the Work in accordance with the Contract. 3.9.2 Products provided shall be new. Products which aze not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall no[ employ on the Work anyone no[ skilled in the [asks assigned. GC 3.10 DOCUMENTS AT THE SITE 3.10.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place ojthe Work, in good order and available to the Owner and the Consultant. GC 3.11 SHOP DRAWINGS 3.11.1 Shop drawings aze drawings, diagrams, illustrations, schedules, performance charts, brochures, Product, and other data which the Contractor provides to illustrate details of a portion of the Work. 3.11.2 The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant may reasonably request. 3.11.3 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. A[ the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents. 3.11.4 The 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 prepaze a schedule of the dates For submission and return of shop drawings. Shop drawings which require approval of any legally constituted authority having jurisdiction shall be submitted [o such authority by the Contractor far approval. 3.11.5 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 accordancewith the schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultants review is for conformity to the design concept and for general arrangementonly. 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. 3.11.6 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 CCDC 2 - ]994 File 00712 16 Contractor shall notify the Consultant in writing of any revisions to the resubmission other than those requested by the Consultant. GC 3.12 USE OF THE WORK 3.12.1 The Contractor shall confine construction machinery and equipment, storage of Yroducte, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall no[ unreasonably encumber the Work with Products. 3.12.2 The Contractor shall not load or permit to be loaded any par[ of the 44'ork with a weight or force that will endanger the safety of the Work. GC 3.13 CUTTING AND REMEDIAL WORK 3.13.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. 3.13.2 The Contractor shall coordinate the Work to ensure that this requirement is kept to a minimum. 3.13.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill- timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1 -CHANGES, GC 6.2 -CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 3.13.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.14 CLEANUP 3.14.1 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. 3.14.2 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. 3.14.3 Prior to application for the fmal 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. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes cash allowances stated in the Contract Documents, which allowances shall be expended as the Owner directs through the Consultant. 4.1.2 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 CCDC 2 - 1994 File 00712 t7 performing the work stipulated under the cash allowancesbut do not include any Value Added Tazes payable by the Owner to the Contractor. 4.1.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.L4 Where costs under a cash allowance exceed the amount of the 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. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any differencebetweenthe 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 prepaze 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. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 Expenditures under the wntingency 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. PARTS PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement, andlor promptly from time to time thereafter, famish to the Contractor reasonable evidence that financial arrangementshave been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall notify the Contractor in writing of any material change in the Owner's financial arrangements during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement -PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of 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 a[ that date. 5.2.3 The Contractor shall submit [o 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. CCDC 2 - 1994 File 00712 18 5.2.4 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.5 The Contractor shall include a statement based on the schedule of values with each application for payment. 5.2.6 Claims for Products delivered to the Place of the Work but not ye[ incorporated into [he Work shall be supported by such evidence as the Consultant may reasonably require to establish [he value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 The Consultant will issue to the Owner, no laterthan 10 days after the receipt of an application for payment from the Contractor submitted in accordance wit11 GC 5.2 -APPLICATIONS 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. 5.3.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement - PAYMENT no later than 5 days after the date of a certificate for payment issued by the Consultant. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall prepare and submit [o the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consultant to establish Suhstantia! Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 No later than 10 days after the receipt of the Contractor's list and application, [he Consultant will review the Work to verify the validity of the application, and no later than 7 days after completing the review, will notify the Contractor whether ffie Work or the designated portion of the !fork is substantially perforned. 5.4.3 The Consultant shall state the date of Substantial Performance of the Work or designated portion of Ure 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 submit an application for payment of the holdback amount, 2 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 gjthe 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. CCDC 2 - 1994 File 00712 19 5.5.2 After the receipt of an application for payment from the Contractor and the swam 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 {lark, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 The 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 no[ 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 [he 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 retainedfor such subcontmct work, or the Products supplied by such Supplier, on the day following the expimtion of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. Sb.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 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 days after the receipt of an application from the Contractor for final payment, review [he Work to verify the validity of the application. The Consultant will, no laterthan 7 days after reviewing the 61'ork, notify the Contractor that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will issue a final certificate for payment. 5.7.4 Subject to the provision of pamgmph 10.4.1 of GC 10.4 -WORKERS' COMPENSATION, and any lien legislation applicable [o the Place oJthe Work, the Owner shall, no later than 5 days after the issuance of a £mal 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 [hereof, but the Owner may withhold, until the remaining portion of the Wnrk is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cast of performing such remaining work. CCDC 2 - 1994 File 00712 20 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 no[ in accordance with the requirements of [he Contract Documents. 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 [o 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. GC 6.2 CHANGE ORDER 6.2.1 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 ro the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Trme 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. GC 6.3 CHANGE DIItECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior [o the Owner and the Contractor agreeing upon the adjustment in Contract Prrce and Contract Time, [he Owner, through the Consultant, shall issue a Change Directive. 6.3.2 Upon receipt of a Change Directive, the Contractor shall proceed promptly with [he 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 [o perform the work attributable [o the change. If a change in the Work results in a net increase in the Contract Price, an allowance for ovefiead and profit shall be included. 6.3.3 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 aze involved in a change in the Work, the allowance for ovefiead and profit shall be calculated on the basis of the net increase, if any, with respect to that change in the Work. 6.3.4 The Contractor shall keep and present, in such form as the Consultant may require, an itemized accounting of the cos[ of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable [o [he Change Directive shall be limited to the actual cost of all of the following: 1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bazgaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor; CCDC 2 - 1994 File 00712 2t 2 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; 3 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 cos[ 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; 5 the cast 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 Pface ojthe 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 of GC 10.3 -PATENT FEES; 13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; 14 any adjustment in taxes and duties fot which the Contractor is liable; IS chazges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items inclrQed; 16 the cost of removal 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 of the fmal amount of a Change Directive, the undisputed value of the work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Tirne or the method of determining it, the adjustment shall be referred [o the Consultant for determination. 6.3.7 If at any time after the start of the work directed by a Change Directive, the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and Contractor. CCDC 2 - 1994 File 00712 22 GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.41 If the Owner or the Contractor discover conditions at the Place of the Work which are: 1 subsurface or otherwise concealedphysical conditions which existed before the commencement of [he 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 of the characterprovided for in [he 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 firs[ observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the fmding 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. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant shall report the reasons for this finding [o the Owner and the Contractor in writing. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the li'ork by an action or omission of the Owner, Consultant, or anyone employed or engagedby them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in [he 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 engagedby [he Contractor directly or indirectly, then the Contract Time shall be extended for such reasonabletime as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.3 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 reasonabte 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 [o payment for costs incurred by such delays unless such delays result from actions by the Owner. 6.5.4 No extension shall be made for delay unless notice in writing of claim is given to the Consultant not later than 10 Working Days afterthe commencementof delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.9 of GC 2.2 -ROLE OF THE CONSULTANT, no claim for delay shall be allowed because of failure of the Consultant to famish instructions until 10 Working Days after demand for such instructions has been made and not then, unless the claim is reasonable. CCDC 2 - 1994 File 00712 2s 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 assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiveris appointed becauseof the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 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. 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: 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 [he default in accordance with such schedule. 7.1.4 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 thereafterdue the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or 2 terminate the Contractors right to continue with the 6i'ork 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 fmishing 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 cos[ of corrections to work performed by the Contractor that may be required under GC 12.3 -WARRANTY, exceeds the unpaid balance of [he Contract Price; however, if such cost of fmishing the Wark is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and 4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 -WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. CCDC 2 - 1994 File 00712 24 7.1.6 The Contractor's obligation under the Contract as to quality, correction, and waman[y of [he work performed by [he Contractor up to the time of termination shall continue in force after such termination. GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner should be adjudged bankmp[, 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. 7.2.2 If dre Work should be stopped or otherwise delayed for a period of 30 days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner notice in writing, terminate the Contract. 7.2.3 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: 1 the Owner fails to famish, 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 awazded by arbitration or court. or 4 the Owner violates the requvemen[s of the Contract to a substantial degree and the Consultant, except for GC 5.1 -FINANCING INFORMATION REQUIRED OF THE OWNER, confums by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's notice in writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is no[ correctedwithin 5 k orking Davs 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. 7.2.5 If the Contractor temrinates 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 constmction 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 GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure [o agree where agreementbe[weenthe parties is called for, herein collectively called disputes, which aze not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions -DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of CCDC 2 - ]994 File 00712 25 GC 8.2 -NEGOTIATION, MEDIATION, AND ARBITRATION, and in GC 8.3 -RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopazdize 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 casts incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION, AND ARBITRATION 8.2.1 In accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes, the parties shall appoint a Project Mediator I within 30 days after the Contract was awazded, 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. 8.2.2 A party shall be conclusively deemed to have accepted a fmding of the Consultant under GC 2.2 -ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particulaz matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the pally sends a notice in writing of dispute [o 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 [o 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. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negoflations and agree to provide, without prejudice, frank, candid and timely disclosure of relevantfacts, information, and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under paragraph 8.2.2, the parties shall request the Project Media[orto assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted m accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes. 8.2.5 If the dispute has not been resolved within 10 Working Days afterthe Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving notice in writing to both parties. 8.2.6 By giving a notice in writing to the other party, not laterthan 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute [o 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 ojthe Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a notice is not given under paragraph 8.2.6 within the required time, the parties may refer the umesolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. CCDC 2 - 1994 File 00712 26 8.2.8 L` 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 arfiiVation as provided in pamgmph 8.2.6 shall be 1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier, and 2 consolidated into a single arbitration under the rules governing the arbiVation under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instmctions as provided in pamgraph 8.1.3. 8.3.2 Nothing in Part 8 of the General Conditions -DISPUTE RESOLUTION shall be construed in any way [o 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 constmed 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. 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 ojthe 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 of the Contract damage the Work, ffie 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 Owners 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 of the other party in respect of such wrongful act or neglect if it be that of a third party. CCDC 2 - 1994 File 00712 27 9.2.2 Claims for damage underparagraph 9.2.1 shall be made in writing to the party liable within reasonabletime after the first obsen-ance of such damage and if undisputed shall be co~rmed by Change Order. Disputed claims shall be resolved as set out in Part S 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 a[ 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 pay or 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 [o 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 ojthe Work with respect to existing conditions. 9.3.2 Prior to the Contractor commencing the lf'ork, the Owner shall 1 take all reasonable steps to determine whether any toxic or hazazdous 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. 9.3.3 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 a[ the Place of the Work prior to the Contractor commencing the Work. 9.3.4 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 hazazdous 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 1 encounters toxic or hazardous substances or materials at the Place of the Work-, or 2 has reasonable grounds to believe that toxic or hazazdous substances or materials aze present at the Place of the Work, which were no[ disclosedby the Owner, as required underparagraph 9.3.2, or which were disclosed but have not been dealt with as required under pamgmph 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. CCDC 2 - 1994 File 00912 28 9.3.6 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. 9.3.7 Notwithstanding paragraphs 2.2.6 and 2.2.7 of GC 2.2 -ROLE OF THE CONSULTANT, or paragraph 8.1.1 of GC 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. 9.3.8 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 [o the Contractor commencing [he Vi irk. This obligation shall not be construed [o 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. 9.3.9 GC 9.3 -TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS shall govern over the provisions of pazagraph 1.3.1 of GC 1.3 -RIGHTS AND REMEDIES or GC 9.2 -DAMAGES AND MUTUAL RESPONSIBILITY. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added lazes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement -CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for the building permit, permanent easements, and rights of servitude. The Contractor shat] be responsible for permits, licenses, or certificates necessary for the performance of the Work which were in force at the date of bid closing. 10.2.3 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. 10.2.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, roles, regulations, or codes relating to the Work. If the Contract Documents aze at variance therewith, or if, subsequent to the date of bid closing, changes aze 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. CCDC 2 - 1994 Fila 00712 29 10.2.5 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 i[ to be contrary to any laws, ordinances, roles, 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, roles, regulations, or codes. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions. suits, or proceedings arising out of the Contractors performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by [he Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan, or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, Substantial Performance of the Work, and the issuance of the fmal certificate for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE -BONDS GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 -INDEMNIFICATION, the Contractor shall provide, maintain, and pay for the insurance coverages specified in GC I L 1 -INSURANCE. Unless otherwise stipulated, the duration of each insurance policy shall be from the date of commencement of the /fork anal the date of the final certificate far payment. Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements. I General Liability Insurance: General liability insurance shall be in the join[ names of the Contractor, the Owner, and the Consultant, with limits of not less than $2,000,000 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 2100, or its equivalent replacement, provided that IBC Form 2100 shall contain the latest edition of the relevant CCDC endorsement form. To achieve the desired limit, umbrella, or excess liability insurance may be used. All liability coverage shall be maintained for completed operations hazazds from the date of Substantaa! Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following .Substantial Performance of the Wnrk. Where the Contractor maintains a single, blanket policy, the addition of the Owner and the Consultant is limited CCDC 2 - 1994 File 00712 30 to liability arising out of the Project and all operations necessary or incidental thereto. The policy shall be endorsed to provide the Owner with no[ 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 licensedvehiclessholl have limits of not less than $2,000,000 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 I S 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 co~rmation of automobile insurance covemge 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 if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of no[ less than $2,OOQ.000 inclusive per occurrencefor 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 Iusurance: (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 deductlble not exceeding $2.5011. 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 [he final certificate for payment. (2) Boiler and machinery insurance shall be in the join[ names of the Contractor, the Owner, and the Consultant for no[ less than the replacement value of the bailers, 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 of [he property insured and until 10 days after the date of the final certificate for payment. (3) The policies shall allow for partial or total use or occupancy of the York. 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 W"<~rk, 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 unearned premiums applicable to the Contractor's policies upon termination of covemge. (4) The policies shall provide that, in the case of a loss or damage, payment shall be made ro 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 no[ affect [he rights and obligations of either party under the Contract except that the Contractor shall be entitled to CCDC 2 - 1994 File 00712 31 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 Wark 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 of the Work. (6) In the case of loss or damage to the Work arising from the work of another contmctor, or Owner's own forces, the Owner, in accordancewith the Owner's obligations under pazagraph 3.2.2.4 of GC 3.2 - CONSTRUCTION BY O W NER OR OTHER CONTRACTORS, shall pay the Contractor the cost of restoring 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 cons[mc[ion machinery and equipment used by the Contractor for the performanceof the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form accep[ableto 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-insurance, the Owner agrees to waive the equipment insurance requirement. 11.1.2 The Contractor shall be responsible for deductible amounts under the policies except where such amounts maybe 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. 11.1.3 Where the full insurable value of the 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. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. GC 11.2 BONDS 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any surety bonds required by the Contract. 11.2.2 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 CCDC approved bond forms. CCDC 2 - 1994 File 00712 32 PART 12 INDEMNIFICATION -WAIVER -WARRANTY GC 12.1 INDEMNIFICATION 12.].1 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: l 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. 12.1.2 The obligation of the Contractor to indemnify hereunder shall be limited to $2,OOQ000 per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of $2AOQ000. 12.1.3 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 [he Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.4 GC 12.1 -INDEMNIFICATION shall govern over the provisions of pamgmph 1.3.1 of GC 1.3 -RIGHTS AND REMEDIES or GC 9.2 -DAMAGES AND MUTUAL RESPONSIBILITY. GC 12.2 WAIVER OF CLAIMS 12.2.1 Waiver of Claims by Owner As of the date of the final 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 of GC 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 arising from the Contractor bringing or introducing 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 Performance ojthe Work, as set out in the certificate of .Substantial Performance of the Work, or within such shorter period as CCDC 2 - 1994 File 00712 33R may be prescribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from the Contractor's performance of the 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 [hat 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. 12.2.2 Waiver of Claims b}' 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 [hose 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. 12.2.3 GC 12.2 - W AIVER OF CLAIMS 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. GC 12.3 WARRANTY 12.3.1 The warranty period with regard to the Contract is one year from the date of Suhstantral Performance of the Work or those periods specified in the Contract Documents for certain portions of the Work or Products. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 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 appearprior to and during the warranty periods specified in the Contract Documents. 12.3.4 The Owner, dvough the Consultant, shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.3. 12.3.6 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 manufac[urerto the benefit of the Owner. 3qR WDC 2 - 1994 File 00712 D ~ Canadian Construction Documents Committee The Canadian Construction Documents Committee is a joint committee composed of public and private owners and representatives appointed by: The Association of Consulting Engineers of Canada The Canadian Construction Association Construction Specifications Canada The Royal Architectural Institute of Canada Co[mttittee policy and procedures are directed and approved by the constituent organizations. This document has been endorsed by each of the above organizations. Enquiries should be directed to: The Secretary Canadian Construction Documents Committee 400 - 75 Albert Street Ottawa, Ontario K1P SE7 Tel: (613) 236-9455 Fax: (613)236-9526 www.ccdc.org OCDC Copyright 1998 Must not be copied in whole or in part without the written permission of the CCDC. Window Conservation Newcastle Community Centre Newcastle, Ontario Tender CL 2001-43 Specification Architect: Shoalts and Zaback Architects Ltd. 4 Cataraqui Street, Suite 206 Kingston, Ontario K7K 1Z7 Tel.: 613-541-0776 Fax: 613-541-0804 Contact: Gerry Shoalts Other: Eric Riddell Heritage Consultant: Craig Sims 247 Main Street Kingston (Barriefield), Ontario K7K 5S5 Tel.: 613-547-5658 Fax: 613-547-0400 Contact: Craig Sims Owner: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Tel.: 905-623-3379 Fax: 905-623-4169 Contact: Fred Horvath Other: Lou Ann Birkett S&Z Project No. 0145 November 2001 Window Conservation Table of Contents Section 00000 Newcastle Community Centre Page 1 of 1 November 2001 Section Title No. of Pages 00000 Table of Contents 1 00001 List of Drawings 1 00100 Instructions to Bidders g 00220 Existing Conditions Data 1 00410 List of Subcontractors 2 00710 General Conditions 1 00800 Supplementary General Conditions 2 01001 General Requirements 12 01006 Quality Control 1 01040 Coordination 2 01060 Regulatory Requirements 1 01535 Temporary Facilities 2 01545 Safety Requirements 4 01560 Temporary Controls 2 01561 Environmental Protection 1 01700 Contract Closeout 3 08611 Conservation of Wood Windows 5 08612 Wood Epoxy Consolidation 3 08613 Wood Epoxy Patching 2 09899 Surface Preparation 3 09900 Painting 3 Window Conservation List of Drawings Section 00010 Newcastle Community Centre Page 1 of 1 November 2001 Drawing Number Title Al Front Elevation A2 Main Doors A3 Typical Window Elevation A4 Window Head Section A5 Window Jamb Section A6 Window Sill 1 Window Conservation Instructions to Bidders Section 00100 Newcastle Community Centre Page 1 of 6 November 2001 ' ' PART1-GENERAL ' 1.1 Invitation 1 Bid Call 1 Offers signed under seal, executed, and dated will be received by the Owner, The Municipality of Clarington, shall be contained in the envelope provided by the Owner, and addressed to: The Office of the Clerk, on or before 2:00 p.m., Thursday. January 24 2002. .2 Offers submitted after the closing time shall be rejected and returned to the bidder unopened. .3 Offers will be opened in public immediately after closing time. Bidders will be informed of bid results after analysis of the bids is complete. ' 5 Amendments to the submitted offer will be permitted if received in writing prior to bid closing and if endorsed by the same party or parties who signed and sealed the ' offer. .6 Tenders received after the closing time and date will be returned unopened and will not be considered. ' 1.21ntent .1 The intent of this bid call is to obtain an offer for the conservation of the front elevation windows and doors, ' Newcastle Community Hall. ' 1.3 Contract Documents 1 Identification The Contract Documents are identified as Tender CL 200-43 (Shoalts and Zaback Architects Project No. 0145), as prepared by the Consultant, Shoalts and Zaback Architects Ltd., located at 4 Cataraqui Street, Suite 206, Kingston, Ontario, ' K7K iZ7, Telephone 613-541-0776, Fax 613-541-0804. The Contract Documents are listed in the Table of Contents. ' 1.4 Contract/Bid Documents 1 Definitions .1 Contract Documents: Defined in CCDC2 - 1994 Edition, Definitions. .2 Bid Documents: Contract Documents supplemented with Instructions to Bidders, Bid Form, bid securities, and Bid Supplementary Forms identified herein. ' 3 Bid, Offer, or Bidding: Act of submitting an offer under seal. 4 Bid Price: Monetary sum identified by the Bid Form. .2 Availability ' .1 Bid Documents are made available only for the purpose of obtaining offers for this project. Their use does not confer a license or grant for other purposes. Window Conservation Newcastle Community Centre 1 1 1 1.5 Site Assessment Instructions to Bidders Section 00100 Page 2 of 6 November 2001 .3 Examination 1 Upon receipt of Bid Documents verify that documents are complete; notify Consultant should the documents be incomplete. 2 Immediately notify the Consultant upon finding discrepancies or omissions in the Bid Documents. .4 Queries/Addenda 1 Direct questions to Mr. Gerald Shoalts, Shoalts and Zaback Architects Ltd., Telephone 613-541-0776, Fax 613-541-0804. .2 Addenda may be issued during the bidding period. All addenda become part of the Contract Documents. Include costs in the Bid Price. 3 Verbal answers are only binding when confirmed by written addenda. 4 Clarifications requested by bidders must be in writing not less than seven days before date set for receipt of bids. The reply will be in the form of an addendum, a copy of which will be forwarded to known bidders no later than three (3) working days before receipt of bids. ProducUSystem Options 1 Where the Bid Documents stipulate a particular product, alternatives will be considered by the Consultant up to seven (7) days before receipt of bids. 2 When a request to substitute a product is made, the Consultant may approve the substitution and may issue an Addendum to known bidders. 3 In submission of alternatives to products specified, bidders shall include in their bid, any changes required in the work to accommodate such alternatives. A later claim by the bidder of changes in work necessitated by use of alternatives shall not considered. 4 Unless alternatives are submitted in this and subsequently accepted, provide products as specified. 1 Site Examination 1 Visit the project site and surrounding area before submitting a bid. 2 Bidders Briefing .1 A Bidders Briefing will be held at 2:00 p.m., Thursday, January 10, 2002, in the Committee Room at the Municipal Administrative Centre. .2 Representatives of the Consultants will be in attendance. 3 Summarized minutes of this meeting will be circulated to all known bidders. These minutes will form part of the Contract Documents. 1 Window Conservation Instructions to Bidders Section 00100 Newcastle Community Centre Page 3 of 6 ~ November 2001 4 Information relevant to the Bid Documents will be recorded in an Addendum and issued to known bidders. 1.6 Bid Submission 1 Bid Ineligibility 1 Bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, shall at the discretion of the Owner, be declared informal. 2 Bids with Bid Forms and enclosures which are improperly prepared shall at the discretion of the Owner, 6e declared informal. 3 Bids that fail to include security deposit, bonding or insurance requirements shall at the discretion of the Owner, be declared informal. 2 Submissions 1 Submit two (2) copies of the executed offer on the Bid Forms provided, signed and corporate sealed together with the required documentation in the envelope provided, clearly identified with bidders name, project name and Owners name on the outside. 1.7 Bid Enclosures/ .1 Security Deposit Requirements 1 A Bid Band by the Bidder and a Guarantee Surety Company authorized by law to carry on business in the Province of Ontario, and in all other respects acceptable to the Corporation of Clarington, a bank draft, money order, certified cheque, or cash in the amount specified below, payable to the Corporation of the Municipality of Clarington, and valid for a period of not less than ninety (90) days, must be included in the same envelope as the Bid. If a Bid is accepted and the Bidder fails when required to execute the Contract for the work or to provide the necessary bonding as discussed below, the Bid Deposit will be exercised and forfeited. 2 The amount of the Bid Deposit shall be calculated as follows: 1 Fora Bid Price of $20,000.00 or less, the minimum deposit required is $1,000.00. 2 For a Bid Price of $20,000.00 to $50,000.00, the minimum deposit required is $2,000.00. .3 For a Bid Price of $50,000.01 to $100,000.00, the minimum deposit required is $5,000.00. 4 For a Bid Price of $100,000.01 to $250,000.00, the minimum deposit required is $10,000.00. Window Conservation Newcastle Community Centre 1 Instructions to Bidders Section 00100 Page 4 of 6 November 2001 .5 For a Bid Price of $250,000.01 to $500,000.00, the minimum deposit required is $25,000.00. 6 For a Bid Price of $500,000.01 to $1,000,000.00, the minimum deposit required is $50,000.00. 7 For a Bid Price of $1,000,000.01 to $2,000,000.00, the minimum deposit required is $100,000.00. .8 For a Bid Price of $2,000,000.01 and over, the minimum deposit required is $200,000.00. 3 The Bid Deposits with the exception of the two (2) lowest bidders will be returned within ten (10) working days after opening the bids. 4 The Bid Deposit of the Successful Bidder and the second low Bidder, will be returned when the successful Bidder has fully complied with the conditions outlined in the Bid and Contract Documents. If the Successful Bidder refuses or neglects to execute the contract or to submit the required documents within ten (10) working days of notification of the contract award, the Corporation of the Municipality of Clarington may, at it sole discretion, cash the deposit cheque and such deposit shall be subject to forfeit, not as a penalty but in liquidation of damages sustained. The Corporation of the Municipality of Clarington shall then have the right to award the contract to another Bidder or to re-Bid the project. .S Bidders are requested to note that no interest will be paid for deposit cheques retained and/or cashed by the Corporation of the Municipality of Clarington. .2 Consent of Surety 1 A Performance Security will be requested from the successful bidder either in the amount of twenty percent (20%) of the total bid (cash, cheque certified by the Bank upon which it is drawn, bank cheque, money order, Irrevocable bank letter of credit, or approved Government bearer bonds - no interest shall be payable on any such deposit), or a performance in the amount of fifty percent (50%) of the total bid from a surety company organized by law to carry out business in the Province of Ontario, prior to the execution of a contract or the placing of an order. Such deposits will be retained until completion of the contract to the satisfaction of the Property Manager or his designate. The Performance Security may be reduced at various stages of the project, at the discretion of the Corporation. Failure of a tenderer to Window Conservation Newcastle Community Centre t LJ u 1 1 i~ i~ ii Instructions to Bidders Section 00100 Page 5 of 6 November 2001 file a performance security within seven (7) days after heing requested to do so shall be reason for rejecting the bid and accepting the next lowest or any tender or calling for new tenders. Said Letter of Credit shall be irrevocable, with no conditions, and with automatic extension. This Letter of Credit shall remain in force during the term of the Agreement. Upon the forfeiture of the contract by the Contractor, as provided by in the terms of this contract, the Municipality shall be entitled to draw on the Letter of Credit for liquidated damages in the amount of 20% of the tender as a result of the said Contractor's failure to comply with all terms and conditions of the contract, such sum being hereby established by the Contractor and the Municipality as a genuine pre-estimate of such liquidated damages. 3 Each Bidder must provide an "Original Letter' from its Insurance Company stating that the Bidder can obtain the stated amounts of coverage, and naming the Municipality of Clarington and Shoalts and Zaback Architects Ltd. as additional insured, in the amount of 33,000,000.00 for Commercial General Liability. The Owner shall insure and shall maintain the Builder's All Risk Insurance, in the joint names of the Contractor and of the Owner, continuously from the commencement of the work to the date of the Completion Acceptance as indicated by the Certificate of Completion. .4 Bid Signing 1 The bid form shall be signed under seal by the bidder. 2 Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature. Affix seal. 3 Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the word partner under each signature. Affix seal to each signature. 4 Limited Company: Signature of a duly authorized signing officer(s) in their normal signatures. Insert the officer's capacity in which the signing officer acts, under each signature. Affix the corporate seal. If the bid is signed by officials other than the President and Secretary of the company, or the President-Secretary- Treasurer of the company, a copy of the by-law resolution of the Board of Directors authorizing them to do so must also be submitted with the bid in the bid envelope. ii Window Conservation Instructions to Bidders Section 00100 Newcastle Community Centre Page 6 of 6 November 2001 1.8 Offer Acceptance/ 1 Duration of Offer Refection 1 Bids shall remain open to acceptance and shall be irrevocable for a period of sixty (60) days after the bid closing date. 2 Acceptance of Offer .1 The lowest or any tender not necessarily accepted. 2 Bidders may be required to demonstrate that they meet the experience requirements outlined in the technical sections of the Specification before acceptance. Failure to satisfactorily meet experience requirements will mean bid is rejected. 3 After acceptance by the Owner, the Consultant on behalf of the Owner, will issue to the successful bidder, a written Letter of Intent. .4 After a bid has been accepted, all submitted bid securities will be returned to the unsuccessful bidders. 1.9 Procedures to be used if .1 The procedure recommended in CCDC Document 23 will be the Bids exceed the Budget used. 2 In the event that all Bids received exceed the Owner's budget, the Owner will negotiate changes (n the scope of the work with the bidder submitting the lowest acceptable Bid. When the negotiations result in a Contract Price acceptable to both parties, no re-bidding of the project is necessary and the Contract should be awarded at the negotiated price. If negotiations fail to produce a Contract Price acceptable to both parties, or if, in the first instance, the changes contemplated result in a value in excess of 15%, the Bid Documents may be amended and invitations to re-bid be restricted to the bidders who submitted the three (3) lowest acceptable Bids on the original Bid Call. Window Conservation Existing Conditions Data Section 00220 Newcastle Community Centre Page 1 of 1 November 2001 1.1 General 1 Thorough investigation of existing conditions through examination of the Project Site, areas which are affected by the Work, examination of documentation made available by the Owner for inspection, and requirements of authorities having jurisdiction for the Project Site and Work is the sole responsibility of the Bidder. 2 Work which could have been determined through a careful and thorough investigation by an experienced person will not be accepted as an extra. Window Conservation List of Subcontractors Section 00410 Newcastle Community Centre Appendix S1 Page 1 of 2 November 2001 1.1 General 1 Document 00430, List of Subcontractors Appendix shall form an integral part of the Bid Form. 1.2 List of Subcontractors 2 The bidder declares that it has ascertained to it's satisfaction that the sub-trades listed meet the qualification standards stated in the respective specification section. 3 Bidder shall make an entry against each possible subcontractor or by stating "own forces" (meaning under the direct employ of contractor). Please add to list all other subcontractors as required. 4 Upon request by Owner, submit qualification forms for listed subcontractors. 5 Once accepted, the listing must not be changed unless agreed upon in writing by the Owner. .6 The Bidder declares that it has ascertained to its complete satisfaction that the subcontractors listed are fully acquainted with the extent and nature of the Work involved and of the proposed construction schedule. 7 The Owner reserves the right to accept or reject any proposed sub-contractors in accordance with the procedures set out in G.C. 3.8.3 and 3.8.4 (CCDC 2), Conservation of Wood Windows Epoxy Work Surtace Preparation Painting Window Conservation List of Subcontractors Section 00410 Newcastle Community Centre Appendix S1 Page 2 of 2 November 2001 1.3 Signature of Bidder Signatures SIGNED, SEALED AND SUBMITTED for and on behalf of: name of Bidder signature (apply seal above signature) name and title of person signing witness signature name and title of person signing Dated: This day of , 2002. Window Conservation General Conditions Section 00710 Newcastle Community Centre Page 1 of 1 ' November 2001 I , CCDC 2, Stipulated Price Contract, 1994, forms the General Conditions between the Owner and the Contractor. 1 1 1 1 Window Conservation Newcastle Community Centre t C LJ 1 1 1 Supplementary General Conditions Section 00800 Page 1 of 2 November 2001 The Canadian Standard Construction Documents CCDC 2, 1994 for the Stipulated Price Contract consisting of the Agreement Between the Owner and Contractor, Definitions, the General Conditions of the Stipulated Price Contract, Articles GC1 to GC36 inclusive and the Supplementary Conditions are a part of the Contract Documents. 1. General 1 The Canadian Standard Construction Document CCDC 2, 1994 for the Stipulated Price Contract consisting of the Agreement between the Owner and the Contractor, Definitions, the General Conditions of the Stipulated Price Contract, Articles GC1 to GC36 inclusive and the Supplementary Conditions are part of the contract documents. .2 The following Supplementary Conditions shall be read in conjunction with the General Conditions of the Contract contained in the Canadian Construction Document CCDC 2, 1994. 2. G.C. 1.1 Contract Documents 1 Add 1.3: "Drawings and specifications are complementary. Items shown or mentioned in one and not the other are deemed to be included in the Contract work." 3. G.C. 6 .1 Paragraph 6.2.3., add the following: "The following fee percentage and overhead charges shall be applied to additional work ordered by the Consultant: 1 Where a change is made in work to be carried out by the Contractor's own forces and for which no contract unit prices are scheduled, the value of the additional work shall be determined by adding to the reasonable cost of the materials and labour (as assessed by the Consultant), an allowance for the Contractor's combined overhead and profit of not more than ten (10) percent of the total. .2 Where such a change is made in work to be carried out by a subcontractor, the value of the additional work shall be determined in a similar manner, the allowances for the subcontractor's overhead and profit, being not more than those set out above for the Contractor's. In such cases, the Contractor shall be permitted to add thereto an allowance in respect of combined overhead and profit of not more than five (5) percent on the total of the subcontractor's quotation. The contractor's overhead includes the cost of supervision'. 4. G.C. 12 Certificates and Payments Paragraph 14.1: deleted the last sentence. Window Conservation Supplementary Section 00800 Newcastle Community Centre General Conditions Page 2 of 2 November 2001 2 Paragraph 14.2, revise to read as follows: "The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 - Payments no later than thirty (30) days after the issuance of a Certificate for Payment by the Consultant." 5. G.C. 18 Workers' 1 Paragraph 18.1, revise to read as follows: Compensation Insurance "Prior to commencing the work and prior to application for substantial completion, the Contractor shall provide evidence of compliance with the requirements of the Province or Territory of the place of the work with respect to the Workers' Compensation Insurance, including payments due thereunder." 6. G.C. 11.2 Bonds 1 Paragraph 11.2.3, add the following: "Provide Performance Bond covering 100% of the Contract Price". "Provide Labour and Materials Payment Bond for 100% of the Contract Price". 7. G.C. 5.3 .1 5.3.2, change five (5) days to thirty (30) days. 8. G.C. 8 .1 Delete: G.C. 8.1, 8.2 and 8.3. .2 Add new G.C. 8: "The findings of the Consultant are accepted by both parties". 9. GC 11.1.1.1 -General 1 Change limit of insurance from $2,000,000.00 to Liability Insurance $3,000,000.00. 10. GC 11.1.1.9 - Property 1 This insurance will be provided by the Municipality. and Boiler and Machinery Insurance 2 The Contractor and the Consultant Team will be named as insured in the project policy. 1 C L~ Window Conservation General Requirements Section 01001 Newcastle Community Centre Page 1 of 12 November 2001 PART1-GENERAL 1.1 Related Work 1 Related Sections 1 Document 00710 -General Conditions 2 Document 00810 -Supplementary Conditions 3 Document 01535 -Temporary Facilities and Utilities .4 Document 01560 -Temporary Controls. 1.2 Cash Allowances 1 Cash Allowances, unless otherwise specified, cover net cost to Sub-Contractor of services, products, construction machinery and equipment, freight, handling, unloading, storage, and other authorized expenses incurred in performing the Work. 2 The Contract Price, and not Cash Allowance, includes Sub- contractor's overhead and profit in connection with such cash allowance. The contract price, and not the cash allowance includes the contractor's co-ordination of the work and the installation of components supplied by the allowance. 3 Refer to GC 4.1 4 Consultant may direct Contractor to obtain bids at no additional cost to Owner, for work which payment is made from Cash Allowances. .5 Cash Allowances included in the contract sum: 1 Purchase Finish Hardware (for hardware not noted on the Drawings or in the Specification): $2,500.00. 1.3 Cutting and Patching 1 Approvals 1 Submit written request in advance of cutting or alteration which affects: .1 Structural integrity of any element of Project. .2 Efficiency, maintenance, or safety of any operational element. 3 Visual qualities of sight-exposed elements. 2 Inspection 1 Inspect existing conditions, including elements subject to damage or movement during cutting and patching. .2 After uncovering, inspect conditions affecting performance of work. 3 Beginning of cutting or patching means acceptance of existing conditions. w Window Conservation Newcastle Community Centre 3 Execution 1 Perform all cutting, fitting and patching to complete the work. 2 Work shall be carried out by personnel having specialized experience with materials to be cut and patched. 3 Remove and replace defective and non-conforming work. 4 Make good and protect all concrete, masonry, drywall, wood work, and all other interior and exterior materials and finishes and Work which is damaged or disturbed, which is indicated or required to remain. 5 Perform all Work as required to make good existing interior and exterior finishes and materials, as applicable. 6 "Make Good": defined: when a finish or material has been altered, the material or finish shall be repaired and refinished to match existing quality and appearance, and when judged from a viewing distance of 1830 mm (6'), it shall not be discernible. 7 Perform work to avoid damage to other work. .8 Prepare proper surfaces to receive patching and finishing. 9 Cut rigid materials using power saw or core drill. Pneumatic or impact tools not allowed. 10 Restore work with new products in accordance with Contract Documents. 11 Fit work airtight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. 12 Refinish surfaces to match adjacent finishes; for continuous; for an assembly, refinish entire unit. 1.4 Project Meetings 1 Attend site meetings when requested by the Consultant. 2 Chair meetings. Issue minutes within 3 days to all parties in attendance. 1.5 Submittals .1 Administrative 1 Submit to Consultant submittals when requested and submittals listed for review. Submit in accordance with project schedule and in an orderly sequence so as to not cause delay in Work. 2 Work affected by submittals shall not proceed until review is complete. 3 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 coordinated with requirements of the Work and Contract Documents. General Requirements Section 01001 Page 2 of 12 November 2001 t Window Conservation Newcastle Community Centre '~ General Requirements Section 01001 Page 3 of 12 November 2001 4 Each submittal shall contain Contractor's stamp identifying that this review has occurred. 5 Verify field measurements and adjacent work are coordinated. 2 Shop Drawings and Product Data 1 "Shop drawings' means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by Contractor to illustrate details of a portion of the Work. 2 Indicate materials, methods of construction and attachment or anchorage, erection diagrams, connection, explanatory notes and other information necessary for completion of Work. .3 Adjustment made on shop drawings by Consultant are not intended to change Contract Price. .4 Make changes in shop drawings as consultant may require. 5 Submit one transparency and 2 prints of shop drawings for each requirement requested in specification Sections and Consultant may reasonably request. 6 Submit 6 copies of product data sheets or brochures for requirements requested in specification Sections and as Consultant may reasonably request where shop drawings will not be prepared due to standardized manufacture of product. 7 Submit for review within two (2) weeks of Contract award. 8 Each Shop Drawing must be certified correct by submitting trade before submission. Shop Drawings not so certified will be rejected. .9 Review of Shop Drawings is for sole purpose of ascertaining conformance with general design concept. This review shall not mean that Engineer approves detail design inherent in Shop Drawings, responsibility for which shall remain with Contractor and such review shall not relieve Contractor of his responsibility for meeting all requirements of Contract Documents. Contractor is responsible for dimensions to be confirmed and correlated at site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for co-ordination of work of all trades. .3 Samples 1 Submit for review, samples in duplicate as requested in respective specification Sections. 2 Resubmit if required by Consultant. ' Window Conservation Newcastle Community Centre u t General Requirements Section 01001 Page 4 of 12 November 2001 4 Operating Maintenance Manuals 1 Two weeks prior to application for Substantial Performance of the Work, submit to Consultant, 3 copies of operating and maintenance manuals. 2 Manuals to contain operational information on equipment, cleaning and lubrication schedules and similar maintenance information. 3 Bind contents in a three-ring, hard covered, plastic jacketed binder. Organized contents into applicable categories of work, parallel to specifications Sections. 5 Record Drawings 1 After award of Contract, Consultant will provide a set of transparency drawings for purpose of maintaining record drawings. Accurately and neatly record deviations from Contract Documents caused by site conditions and changes ordered by Consultant as they occur. 2 Record locations of concealed components of mechanical and electrical services as they are installed. 3 Identify drawings as "Project Record Copy". Maintain in new condition and make available for review on site by Consultant. 4 On completion of Work and prior to final inspection , submit record documents to Consultant. 1.6 Mock-uos 1 Mock-ups 1 Where specified complete amock-up of a designated portion of the work. 2 Mock-up shall be complete in all respects incorporating all items required in finished work. .3 Review with Consultant and revise as required by Consultant. 4 Final reviewed mock-up will be the project standard. All remaining work shall conform to the reviewed mock-up. 1.7 Schedule 1 Schedules 1 Provide the following: 2 Construction Progress Schedule including a Submittal Schedule for Shop Drawings, Product Data and Samples. 3 Cash Flow Schedule. 2 Format 1 Prepare schedule in form of horizontal bar chart. 2 Provide separate bar for each trade or operation. Provide additional breakdown as required or as requested by Consultant. 1 1 CI 1 t Window Conservation General Requirements Newcastle Community Centre Section 01001 Page 5 of 12 November 2001 3 Provide horizontal time scale identifying first work day of each week. 4 Format for listings: Chronological order of start of each item of work. .3 Submission 1 Submit initial schedules within 10 days after award of Contract. 2 Consultant will review schedule and return reviewed copy within 10 days after receipt. 3 Resubmit finalized schedule within 7 days after return of reviewed copy 4 Prepare a separate submittal schedule for shop drawings, samples and mock-ups. Include all shop drawings, samples and mock-ups on the list and incorporate the review time required within the schedule. 4 Updating the Schedule 1 The schedule will be reviewed at each project site meeting. 2 With each progress draw the Contractor shall attach a signed statement and transparencies and two (2) copies of an updated schedule which shows actual progress by the original schedule. 3 Where the project falls behind schedule a description of what remedial action is being taken by the Contractor to retain the project onto the original schedule. 5 Schedule submittals so that materials and equipment is ordered and on site well in advance of required time by the schedule. .1 In planning submittals use the following minimum times.: Contractors review and transfer to consultant. 10 days. .2 Logging by Prime-Consultant and transfer to Sub- Consultant. 5days. .3 Consultants review and return to Contractor. 10 days. 4 Contractors' review and return to Sub-Contractor. 5 days. 5 Revisions and resubmittal. 10 days 6 Contractors' review and transfer to Consultant. 5 days. 7 Second review by Consultant team. 10 days. 8 All days referred to above are working days. .6 While it may be possible in certain circumstances to reduce the above times, they are the minimum time to be allowed in planning the project schedule. For more complex shop drawings the Consultant will require a reasonable amount of additional time. Make allowances for this in the project schedule. ~J 1 t Window Conservation General Requirements Newcastle Community Centre Section 01001 Page 6 of 12 November 2001 8 The schedule of submittal shall list each specification section, the submittals required, the above time frames (as a minimum) and the key dates required to meet the project schedule. 1.8 Quality Control 1 Inspection 1 Owner and Consultant shall have access to the Work. 2 Give timely notice requesting inspection if Work is designated for special tests, inspections or approvals by Consultant instructions, or law of Place of the Work. .3 If Sub-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. 1.9 Construction Facilities and 1 No Smoking Policy Services No smoking is permitted within the existing renovated buildings, within the new construction and within the scaffold for new construction. 1.10 Material and Eauioment 1 Product and Material Quality 1 Products, materials, equipment and articles (referred to as Products throughout specifications) incorporated in Work shall be new, not damaged or defective and of best quality (compatible with specifications) for purpose intended. If requested, furnish evidence as to type, source and quality of Products provided. 2 Defective Products, will be rejected regardless of previous review. Review does not relieve responsibility, but is precaution against oversight or error. Remove and replace defective Products at own expense and be responsible for delays and expenses caused by rejections. 3 Should any dispute arise as to quality or fitness of products, decision rests strictly with the Consultant based upon requirements of Contract Documents. 4 Products: 1 Products which are specified by their proprietary names or by part or catalogue number form the basis of this contract. The Bid shall be based only on named products or any equivalents named by Addenda. 2 Substitutes to these will only be considered for a credit or if manufacturer states in writing that the specified material cannot be delivered to meet the schedule. 3 Proposed substitutions must be made prior to ordering any material and may be rejected by the Consultant. Window Conservation Newcastle Community Centre 1 ~~ General Requirements Section 01001 Page 7 of 12 November 2001 2 Inserts, Anchors and Fasteners: 1 Use only factory made, threaded or toggle type inserts as required for supports and anchors, properly sized for load to be carried. Place inserts only in members of main structure and not in any finishing material. 2 Where inserts cannot be placed use factory made expansion shields for lightweights only. 3 Supply and locate all inserts, holes, anchor bolts and sleeves in time when walls, floors and roofs are erected. 4 Fasteners stressed in withdrawal are not acceptable, except where otherwise specifically shown. 5 Ensure that metal fastenings are of same material as metal components being anchored or of a metal which will not set up a galvanic action causing damage to the fastening or metal component under moist conditions. 6 Fastenings for prefinished materials shall be of concealed type unless otherwise indicated. 7 Ensure that metal fastenings and accessories are of same texture, colour and finish as material on which they occur. .3 Storage, Handling and Protection 1 Handle and store Products in manner to prevent damage, adulteration, deterioration and soiling and in accordance with manufacturer's instructions when applicable. 2 Store packaged or bundled Products in original and undamaged condition with manufacturer's seals and labels intact. 3 Store Products subject to damage from weather in weatherproof enclosures. .4 Manufacturer's Instructions .1 Unless otherwise indicated in specifications, install or erect Products in accordance the manufacturer's instructions. Do not rely on labels or enclosures provided with Products. Obtain written instructions directly from manufacturers. 2 Notify Consultant in writing, of conflicts between specifications and manufacturer's instructions, so that Consultant may establish proper course of action. 3 Improper installation or erection of Products, due to failure in complying with these requirements, authorizes Consultant to require removal and reinstallation at no increase in Contract Price. Window Conservation Newcastle Community Centre fl General Requirements Section 01001 Page 8 of 12 November 2001 1.11 Dailv Cleaning 5 Workmanship 1 Workmanship shall be best quality, executed by workers experienced and skilled in respective duties for which they are employed. Immediately notify Consultant if required Work is such as to make it impractical to produce required results. 2 Do not employ any unfit person or anyone unskilled in their required duties. 3 Decisions as to quality or fitness or workmanship in cases of dispute rest solely with the Consultant, whose decision is final. 4 Where required by local or other bylaws or regulations tradesman shall be licensed in their trade. .6 Co-ordination: Relocate equipment and/or material installed but not coordinated with work of other Sections as directed, at no additional cost. 1 The general contractor is responsible for cleaning the area of work daily, including removal of all garbage. 2 Periodic broom cleaning of work area is to be performed to meet Ontario Health and Safety Act and Regulation requirements. 1.12 Project Closeout 1 Final Cleaning ' 1 When the Work is substantially Performed, remove surplus products, tools construction machinery and equipment not required for performance of remaining work. ' 2 Remove waste materials and debris from site at regularly scheduled times or dispose of as directed by Consultant. Do not burn waste materials on site, unless approved by Consultant. 3 Leave work broom clean before inspection process commences. ' 4 Clean and polish glass and hardware. Replace broken or scratched glass after review with Consultant. 5 Remove stains, spots, marks and dirt from decorative work, electrical and mechanical fixtures, furniture ' fitments, walls, etc. and as directed by Consultant. 6 Vacuum clean and dust building interiors. 7 Broom clean and wash exterior walks, steps and ' 8 surfaces. Remove dirt and other disfigurements from exterior surfaces. 2 Documents 1 Collect reviewed submittals and assemble documents executed by Sub-Contractors, suppliers and manufacturers. Window Conservation Newcastle Community Centre l~ J 1 General Requirements Section 01001 Page 9 of 12 November 2001 2 Submit material prior to request for substantial completion. 3 Submit operation and maintenance data, record (as- built) drawings. 4 Provide warranties fully executed and notarized. All warranties must be on Sub-Contractors letterhead. Warranties from suppliers are not acceptable. 5 Submit a final statement of accounting giving total adjusted Contract Price, pervious payments, and monies remaining due. 6 Consultant will issue a final change order reflecting approved adjustments to Contract Price not previously made. .4 Takeover Procedures .1 Prior to application for certificate of Substantial Performance, carefully inspect the Work and ensure it is complete, that major and minor constriction deficiencies are complete, defects are corrected and building is clean and in condition for occupancy. Notify Consultant in writing, of satisfactory completion of the Work and request a review. .2 During Consultant inspection, a list of deficiencies and defects will be tabulated. Correct same. .3 A deficiency list is not a work list. Each Sub- Contractorshall inspect the Work, issue their own list and review the corrections prior to request for a defciency list. .4 After deficiency list is received Construction Manager's superintendent shall conduct a review of deficiencies and submit a marked up deficiency list to Consultant prior to request for review of corrected deficiencies. 5 When Consultant considers deficiencies and defects have been corrected and it appears requirements of Contract have been performed, make application for certificate of Substantial Performance. 1.13 Protection 1 Protect work from damage. Securely plug or cap open ends of conduits, pipes, ducts or equipment to prevent entry of dirt, dust, debris, water, snow or ice. Clean all piping and equipment inside and outside before testing. 2 Material stored on site shall be protected from weather and kept dry and clean at all times. Take care to avoid corrosion of metal parts. Protect all bearings and motors from damage due to moisture and dust. Equipment not yet in operation shall be turned over at least at monthly intervals to prevent bearing deterioration. Window Conservation General Requirements Section 01001 Newcastle Community Centre Page 10 of 12 November 2001 1.14 Temporary or 1 Temporary or trial usage shall not be construed as evidence Trial Usage of acceptance of same and no claim for damage shall be made for injury to or breaking of any part of such work which may be so used. 1.15 Exiting and Life Safety 1 All fire exiting systems in the Newcastle Community Centre must be maintained during construction. 2 Close off access routes by placing barricades or posting guards to prevent unauthorized personnel from having access to Work while ensuring that fire exit corridors are maintained. .3 All building life safety systems must be maintained in an operational mode. .4 Any necessary disruption to alarms and life safety systems must be carried out in coordination with the requirements of tenants, the landlords and the authorities having jurisdiction. Coordinate with the Owner's representative and Consultant .5 Provide and maintain in working order, suitable ULC labeled fire extinguishers and locate in suitable positions. 1.16 Artifacts .1 Artifacts of historical or scientific interest found on site shall remain property of the Owner. Protect such articles and request directives from Consultant. 2 Give immediate notice to Consultant if evidence of archeological finds are encountered during construction, and await Consultant's written instructions before proceeding with work in this section. 1.17 Coordination of Schedule .1 At first start up meeting submit proposed schedule for work; refer specifically to window numbers. The building will continue to operate throughout this work and close coordination and cooperation with the facility manager will be required. ' Window Conservation Newcastle Community Centre General Requirements Section 01001 Page 11 of 12 November 2001 1.18 Substitutions .1 Substitution for the material specified will be permitted only on the written approval of the consultant. Unless such written approval is obtained, the contractor shall furnish the materials specified. Bid shall be based solely on specified materials. ' 1.19 Workmanship 1 Do work in accordance with best conservation practice for type of work unless documents stipulate more precise ' requirements. 1.20 Protection and Safety 1 Comply with requirements of all Acts and Regulations with respect to health and safety including the latest versions of Occupational Health and Safety Act, R.S.O. 1980 Chapter 321 (as amended) and Regulations for Construction Projects (as amended) made thereunder; and Workplace Hazardous Materials Information System (WHMIS) Regulation; Ontario Regulation 644188 including the following: 1 Before commencement of work, and throughout Contract, maintain on site, and readily accessible to all those who may be exposed to hazardous materials, a list of all hazardous materials proposed for use on site or workplace together with current Materials Safety Data Sheets (MSDS). 2 Ensure hazardous materials used and/or supplied on Site are labeled in accordance with WHMIS requirements. 3 Provide detailed written procedures for safe handling, storage and use of such hazardous materials including special precautions, safe clean up and disposal procedures. Conform to Environmental Protection Act, or any more recent legislation, for disposal requirements. .4 Ensure that those who handle, and/or are exposed to, or are likely to handle or be exposed to, hazardous materials are fully instructed and trained in accordancewith WHMIS requirements. 5 Protect public and those employed on work from injury. 1.21 Asbestos 1 Conform to Regulation respecting Asbestos on Construction Projects and in Buildings and Repair Operations- made under Occupational Health and Safety Act; Ontario Regulation 654/85 as updated, replaced or amended. 2 There are no known friable materials containing asbestos in area of work. ' Window Conservation Newcastle Community Centre r General Requirements Section 01001 Page 12 of 12 November 2001 3 In the event of unexpected discovery of friable material do no work that will disturb the material until it is determined if the material contains asbestos; and immediately report the discovery, in accordance with Ontario Regulation 654/85 (Section 8), orally and in writing to office of Construction Health Safety Branch, Ministry of Labour nearest to work place and to Owner's representative. 1.22 Lead 1 Due to the age of paint surtaces in this building, assume that paints and stripped wood surtaces are contaminated by lead. 2 Observe all safety precautions for workers, and others; see Section 09899, Surface Preparation, for additional information. 1.23 Waste Disoosal .1 Contractor is responsible for cleaning debris and waste from this contract from scaffold and work areas and it's off site disposal in accordance with applicable legislation. 2 Contractor is responsible for disposing of lead based paint removals, in accordance with authorities having jurisdiction. 1.24 Scaffolding 1 Erect scaffolding in accordance with requirements of authorities having jurisdiction. Prevent damages to existing materials and finishes. Construct and maintain scaffold in rigid, secure and safe manner. Hoard as required to prevent access by vandals. 1.25 Temporary Cleaning 1 Keep site and building free from accumulation of dirt, debris, garbage and excess material. Remove oily rags and waste from premises at the completion of the work in questions at close of each day, or more often if required. 1.26 Moving of Furniture and 1 The contractor shall be responsible for moving furniture as Ecuioment required to provide a clear area for completing the work. Window Conservation Quality Control Section 01006 Newcastle Community Centre Page 1 of 1 November 2001 1 Intent 1.1 The intent of this work includes (also see Drawings Al to A6 inclusive): 1.1.1 To restore all existing window frames including exterior brick mouldings through to and including all interior wood trim. 1.1.2 To restore the wood primary windows. 1.1.3 To restore and weather strip the main entrance doors. 1.1.4 To repair components where indicated duplicating original details. 1.1.5 To reduce air infiltration for operating sash by the addition of weather stripping, to prevent air infiltration for fixed sash by the application of sealants where directed. 1.1.6 To ensure that all windows are well fitting and easy to operate; planing, sanding, and waxing as required. 1.1.7 To retain and clean existing hardware. 1.1.8 To restore and repaint all interior and exterior woodwork associated with the windows. 2 Mockups 2.1 Prepare mockup of one window restoration as directed by consultant. 2.2 Promptly correct deficiencies. 2.3 Reviewed mockups will be the standard for the remaining work. 3 Temporary Protections 3.1 Take all necessary precautions to prevent damage to work affected by temperature, water, weather and other environmental conditions. 3.2 When sash are removed install weather-stripped plywood panels in openings (in the plane of the interior stops) to prevent infiltrating dust, fumes, thieves, etc. Install 1'x 2' polycarbonate sheets at eye level to provide light for occupants. 3.3 On exterior, drape opening with 6 mil polyethylene to keep work dry; fasten to prevent lifting, etc. 3.4 Protect all adjacent surfaces, such as stone sills, etc., throughout process with drop cloths; do not install fasteners into masonry. 4 Final Clean Up 4.1 On completion remove stains, dust, smudges caused by work. Restore any damage caused by work as directed by consultant. 4.2 Use appropriate apparatus and cleaning materials. Review proposed materials and techniques with consultant before proceeding. ' Window Conservation Newcastle Community Centre ~J L_1 1 Coordination Section 01040 Page 1 of 2 Novemhar ~nm 1.1 Contractor's Responsibilities .1 Ensure that Work erected is in compliance with Contract Documents and shall be responsible for delays or costs resulting from failure to inspect or coordinate, and for any replacement or corrective Work required. 1.2 Superintendence 1 Provide at Site at all times while Work is being performed, qualified personnel and supporting staff with proven experience in erecting, supervising, testing and adjusting projects of comparable nature and complexity. 2 Site superintendent shall be full time on site with overall authority to speak for Contractor and represent Contractor. .3 Superintendent shall be on site from start up to completion of deficiencies. Superintendent may not be changed except through death or disability. 1.3 Cooperation .1 Take field dimensions relative to Work. Fabricate and erect Work to suit field dimensions and field conditions in an acceptable manner. 2 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 separate Sections as to their location. .3 Supply all items to be built in, as and when required together with templates, measurements, shop drawings and other related information and assistance. .4 Pay the cost of extra Work and make up the time lost as the result of failure to provide necessary information and items to be built in, in adequate time. 1.4 Coordination 1 Subcontractors shall cooperate with each other to ensure that Work will be carried out expeditiously and will be satisfactory in all respects at completion. .2 Subcontractors shall examine Contract Documents with particular emphasis to Work of other Subcontractors which may affect performance of their own Work. 3 Regularly examine the Site Work of Subcontractors and report any defects or deficiencies. .4 Subcontractors shall cooperate with other Subcontractors whose Work attaches to or is affected by their own Work, and ensure that minor adjustments are performed to allow adjustable Work fit to fixed Work. Window Conservation Newcastle Community Centre CJ Coordination Section 01040 Page 2 of 2 November 2001 5 Ensure each Subcontractor maintains its own quality assurance program. 1.5 Building .1 Ensure that all necessary job dimensions are taken and all Dimension and Coordination trades are coordinated for the proper execution of the Work. Assume complete responsibility far the accuracy and completeness of such dimensions, and for coordination. .2 Verify that all Work, as it proceeds, is executed in accordance with dimensions and positions indicated which maintain levels and clearances to adjacent Work, as set out by requirements of the Drawings, and ensure that Work installed in error is rectified before construction resumes. 3 Check and verify all dimensions referring to the Work and the interfacing of all services. Verify with the trade concerned all dimensions, when pertaining to the Work of other trades. Be responsible to see that Subcontractors for various trades cooperate for the proper performance of the Work. .4 Do not scale directly from the Drawings. If there is ambiguity or lack of information, immediately inform the Consultant. Any change through the disregarding of this clause shall be the responsibility of the Contractor. 5 All details and measurements of any Work which is to fit or to conform with Work installed shall be taken at the building. 6 Advise Consultant of discrepancies and omissions on Drawings, particularly reflected ceiling plans and jointing patterns for surtace finishes, which affect aesthetics, or which interfere with services, equipment or surfaces. Do not proceed with Work affected by such items without direction from the Consultant. Window Conservation Regulatory Requirements Section 01060 Newcastle Community Centre Page 1 of 1 ___ November 2001 1.1 Laws. Notices Permits and Fees 1 Refer to GC 10.2 .2 The Building Code -Ontario Regulation 413195, including all amendments, shall govern the construction of the Work. 3 Comply with all bylaws and regulations of authorities having jurisdiction. These codes and regulations constitute an integral part of the Contract Documents. .4 Arrange for inspection, testing of Work and acceptance required by the authorities having jurisdiction. Be responsible for necessary preparations, provisions and pay all costs. .5 The Contractor is responsible for applying for and obtaining all permits that are required for the conduct of the work, including, but not limited to Building Permit, Impost and Development Charges, HVAC, plumbing, electrical, building cleaning, waste disposal, street and hoarding permits. 6 There is no cost to the project for Municipality of Clarington permits. Window Conservation Temporary Facilities Section 01535 Newcastle Community Centre Page 1 of 2 November 2001 PART1-GENERAL 1.1 Section Includes 1 Construction aids. 2 Traffic controls. 3 Office and sheds. .4 Project identification. .5 Temporary Utilities. 1.2 Related Sections 1 Section 01560 -Temporary Controls. 1.31nstallation 1 Provide all construction facilities required to execute work and Removal expeditiously. 2 Remove from site all such work after use. 1.4 Site Storaoe/ .1 Refer to GC 3.12. Loading .2 Confine work and operations of employees to areas identified by Contract documents. Do not unreasonably encumber premises with products. 3 Do not load or permit to load any part of work with a weight or force that will endanger the work. 1.5 Construction .1 This issue will be discussed at the Bidders Briefing. Parking 1.6 Offices 1 The Municipality will provide space in the existing building for filling and layout of Contract Documents and Contractor's normal site office staff and space for site meetings. 2 Provide adequate first aid facilities as required by applicable regulations. 1.7 Equipment. Tool and .1 Provide and maintain, in a clean and orderly condition, lockable Materials Storaoe weatherproof sheds for storage of tools, equipment and materials. .2 Locate materials not required to be stored in weatherproof sheds on site in a manner to cause least interference with work activities. Window Conservation Temporary Facilities Section 01535 Newcastle Community Centre Page 2 of 2 November 2001 1.8 Sanitary Facilities 1 Existing facilities may be used during construction period. 2 Maintain in clean condition. Failure to do so will result in loss of this privilege. 1.9 Water Suoolv 1 The Owner will provide a continuous supply of potable water for construction use at no cost. 2 The Owner will pay for water related utility charges at prevailing rates. 1.10 Temoorarv Power 1 The Owner will supply power at locations designated at no cost. and Lioht 2 Provide and maintain temporary lighting throughout project. 1.11 Fire Protection 1 Provide and maintain temporary fire protection equipment during performance of work required by authorities having jurisdiction and governing codes, regulations and bylaws. 1.12 Existing Services in 1 Maintain all services and utilities to existing Newcastle Existing Communitv Hall Community Hall throughout construction. 2 Necessary shut downs to tie in or separate services must be kept to a minimum and scheduled a minimum of ten (10) working days in advance with Owner's representative. These shut downs are to occur after hours or on weekends. 1.13 Newcastle Communitv .1 The fire alarm in the Newcastle Community Hall will remain Hall Fire Alarm System online throughout construction. Window Conservation Safety Requirements Section 01545 Newcastle Community Centre Page 1 of 4 November 2001 1.1 Related Work 1 Temporary Facilities and Controls - Section 01535 and Section 01560. 1.2 References 1 CSA S269.1-1975 Falsework for Construction Purposes. 2 CAN/CSA-S269.2-M87 Access Scaffolding for Construction Purposes. 3 FCC No. 301-1982 Standard for Construction Operations. 1.3 Construction 1 Observe construction safety measures of National Building Safety Measures Code 1990 Part 8, Provincial Government, Workplace Safety and Insurance Board and municipal authority provided that in any case of conflict or discrepancy more stringent requirements shall apply. 2 Comply with requirements of FCC No. 301. 1.4 Overloading .1 Ensure no part of Work is subjected to loading that will endanger its safety or will cause permanent deformation. 1.5 Falsework .1 Design and construct falsework in accordance with CSA S269.1. 1.6 Scaffolding 1 Design and construct scaffolding in accordance with CSA S269.2. 1.7 WHMIS 1 Comply with requirements of Workplace Hazardous Materials Information System (WHMIS) regarding use, handling, storage, and disposal of hazardous materials; and regarding labeling and provision of material safety data sheets as required by applicable legislation such as the Occupational Health and Safety Act. 2 Deliver copies of WHMIS data sheets to Owner's representative on delivery of materials. Window Conservation Safety Requirements Section 01545 Newcastle Community Centre Page 2 of 4 November 2001 1.8 Municipality of Clarington Contractor Safetv Requirements POLICY AND PROCEDURE POLICY: Conriactors 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 (I), (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 ru oiect; • every employer and every worker performing work on the ro ect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and • the health and safety of workers on the rp oiect is protected. • 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. Window Conservation Safety Requirements Section 01545 Newcastle Community Centre Page 3 of 4 November 2001 Constnrctor - means a person who undertakes a project for an o~rner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager -means the municipal management representative who has responsibility for a contract. 1 PROCEDtiRE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate 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 delegate 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. d) Before awarding a contract, 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. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. C' t Window Conservation Safety Requirements Section 01545 Newcastle Community Centre Page 4 of 4 November 2001 i) 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. j) 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 preciously 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, roles, 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 Waming/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. 1) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) 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. Window Conservation Temporary Controls Section 01560 Newcastle Community Centre Page 1 of 2 November 2001 PART1-GENERAL 1.1 Section Includes 1.2 Related Sections 1 Barriers. 2 Environmental Controls. 3 Traffic Controls. 1 Section 01510 -Temporary Utilities. 1.3 Installation and Removal .1 1.4 Dust Tioht Screens 1.5 Access to Site 1.6 Protection for Off-Site and Public Prooertv 1.7 Protection of Buildino Finishes and Ecuioment 2 1 .2 .3 4 Provide temporary controls in order to execute work expeditiously. Remove from site all such work after use. Provide as required dust tight screens or partitions to localize dust-generating activities, and for the protection of workers, finished areas of work and the public. Maintain and relocate protection until such work is complete. Coordinate final locations with Consultant and Owner's Representative. Failure to construct the required enclosures could result in dust migrating throughout the building. The Contractor may be responsible for cleaning the entire building should this occur. 1 Provide and maintain access roads, sidewalk crossings, ramps and construction runways as may be required for access to the work. .2 Maintain fire routes and access to adjacent buildings. 1 Protect surrounding private and public property from damage during performance work. 2 Be responsible for damage incurred. 1 Provide protection for finished and partially finished building finishes and equipment during performance of work. 2 Provide necessary screens, covers, and hoardings as required. Window Conservation Temporary Controls Section 01560 Newcastle Community Centre Page 2 of 2 November 2001 3 Be responsible for damage incurred due to lack of or improper protection. 1.8 Existing Newcastle .1 The existing Newcastle Community Hall will remain in use Community Hall throughout the construction. Maintain at all times access to exits Life and Fire Safetv and access to entrances. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION Not Used. WindowConservation Environmental Protection Section 01561 Newcastle Community Centre Page 1 of 1 November 2001 1.1 Disposal of Wastes .1 Comply with all requirements of authorities having jurisdiction. .2 Comply with all applicable regulations. 3 Do not dispose of waste or volatile materials, such as mineral spirits, oil or paint thinner into waterways, storm or sanitary sewers. 1.2 Pollution Control .1 Control emissions from equipment and plant to local authorities emission requirements. 2 Cover or wet down dry materials and rubbish to prevent blowing dust and debris. Window Conservation Contract Closeout Section 01700 Newcastle Community Centre Page 1 of 3 November 2001 1.1 General 1 The procedure for completing Contact and acceptance the Owner shall be in accordance with the method described in the OAA/OGCA Document100 and any additional requirements described below. 1.2 Related Requirements .1 Progressive site cleaning -under Section 01001. 2 Submission of record drawings -under Section 01001. .3 Operating/maintenance manuals -under Section 01001. .4 Conditions of the Contract: Fiscal provisions, legal submittals, and other administrative requirements. 1.3 Final Cleaning 1 Immediately prior to approvals for Substantial Performance of the Work remove surplus products, tools, construction machinery and equipment not required for the performance of the remaining work. 2 Remove waste products and debris other than that cased by the Owner, and leave the work clean and suitable for use by the Owner. .3 When the Contract is completed, remove surplus products, tools, construction machinery and equipment. Remove waste products and debris. 4 Leave the work broom clean before the Substantial Performance review process commences. 5 Broom clean and wash exterior walks, steps and surfaces. .6 Remove dirt and other disfigurations from exterior surfaces. 1.4 The Lien Period 1 The Lien Period commencement, procedure and release of holdback monies will be in accordance with the Construction Lien Act, other applicable legislation and the Contract Documents. .2 Publication will be required before release of Holdbacks. Use of the total Performance Section of the Lien Act without publication will not be permitted. 1.5 Certification of Substantial 1 The Certificate of Substantial Performance is to be prepared Performance in the form required by the Construction Lien Act. When issued it is to have attached a normal progress Certificate showing the statement of account to date and is to be sub- titled `SUBSTANTIAL PERFORMANCE". Window Conservation Contract Closeout Newcastle Community Centre Section D1700 Page 2 of 3 November 2001 2 Submit all approved shop drawings, operating instructions, as build CAD drawings, warranties and guarantees, maintenance materials and keys, two (2) weeks prior to application for certificate of Substantial Performance. Acceptance of the Work will be predicated on the approval of all submitted shop drawings, operating instructions, as build drawings, warranties and guarantee, maintenance materials and keys. 1_.6 Deficiency Lists 1 Neither the Owner's representatives nor the Consultant will be responsible for the issue of extensive lists of deficiencies. Contractor assumes prime responsibility for ensuring that all items shown on Drawings and described in specifications are complete. Any reviews to approve Certificates of Substantial Performance must be immediately cancelled if it becomes obvious that extensive deficiencies are outstanding. 2 Every effort shall be made to ensure that both defects and deficiencies are made good prior to final review. 3 During the review, decision must be made as to which defects must be rectified before the building can be accepted and which defects are to be treated as warranty items. .4 Deficiencies shall be made good before the Contract is considered complete. 1.7 System Demonstration and .1 When partial occupancy of uncompleted project is required by Project Commissioning the Owner, coordinate Owner's uses, requirements, access, etc. with Contractor's requirements to complete project. .2 Provide ongoing review and attendance to building call back, maintenance and repair problems during the warranty periods. 1.8 Documents 1 Collect reviewed submittals Section 01340 and assemble documents executed by Subcontractors, suppliers and manufacturers. .2 Submit material prior to Application for Substantial Pertormance of the Work. For equipment put into use with the Owner's permission during construction ,submit within 10 days after startup. For items of Work delayed materially beyond date of Substantial Pertormance of the Work, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 3 Submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and monies remaining at wintlow Conservation Contract Closeout Section 01700 Newcastle Community Centre Page 3 of 3 November 2001 time of application for Completion of the Contract. 4 Consultant will issue a final change order reflecting approved adjustments to Contract Sum not previously made. Window Conservation Conservation of Wood Windows Section 08611 Newcastle Community Centre Page 1 of 5 November 2001 1 General 1.1 Qualifications The work of this Section must be completed by a company and tradespersons who have completed successfully similar projects. If required, supply project information and references for Consultant's review prior to award. 1.2 Conform to Sections 01005 and 01006 as applicable. 1.3 Related Work 1.3.1 Section 08612: Wood Epoxy Consolidation. 1.3.2 Section 08613: Wood Epoxy Patching. 1.3.3 Section 09899: Surface Preparation. 1.3.4 Section 09900: Painting. 2 Materials 2.1 Weather Stripping 2.1.1 All bronze as supplied by Peerless Window Equipment (or equivalent) contact: Toivu Hill, tel.: (905)889-6401 2.1.1.1 BTL5forjambs 2.1.1.2 BTL1 for sill 2.1.1.3 BCL1 for kerf liner at stile and bottom rail 2.1.1.4 BML and BM1 for meeting rail 2.1.1.5 B-300V for door jambs and heads 2.1.1.6 Bristle and fin type for meeting stiles of doors, provide samples for approval 2.1.1.7 Bristle and fin sweeps for bottom rails of doors, provide samples for approval 2.2 Putty 2.2.1 Oil based 2.3 Linseed Oil 2.3.1 Double boiled type 2.4 Turpentine 2.4.1 Use standard type. Window Conservation Conservation of Wood Windows Section 08611 Newcastle Community Centre Page 2 of 5 November 2001 2.5 Caulking 2.5.1 Interior perimeter of sealed sash and fixed trim: Top Line Paintable Latex Caulk by Tremco 2.5.2 Exterior: Dymonic by Tremco. Colour to be selected by consultant 2.5.3 Closed cell foam backer rods: SOF ROD by Tremco 2.6 Replacement Woods 2.6.1 For repairs of sash and trim kiln dried eastern white pine max. moisture content 12%, B select or better. 2.6.2 Use edge grain only to weather. 2.6.3 Clear white oak, kiln dried, for replacement parting strips and interior stops. 2.6.4 Clear Douglas Fir for replacement of glazing stops. 2.7 Adhesives 2.7.1 G2 two-part epoxy by Industrial Formulators of Canada Ltd. 2.8 Hardware 2.8.1 Screws and Grommets (window stop adjusters) Brass wood screws (slot heads) and brass grommets (#6 Window Stop Adjusters by Ives Fine Builders Hardware Inc.) 2.8.2 Original hardware configurations to be restored: 2.8.2.1 Retain and restore two sash 'D" lifts, one sash lock and two pulley rollers for each operating lower sash. (Note: Pulley rollers may be reclaimed from upper sash if necessary) 2.9 Replacement Glass 2.9.1 Replace broken original glass with clear float glass of same thickness. 2.10 Nails 2.10.1 Exterior: galvanized finishing nails. 2.11 Sash Cord 2.11.1 New sash cord properly sized for weight of sash. 3 Execution 3.1 Dismantling 3.1.1 All required dismantling, such as removal of sash, glass, brick mouldings, parting strips, etc., shall be done with extreme care, taking appropriate precautions not to damage adjacent material or window components themselves. Assume replacement of parting strips except for piece at head; when removing parting strips break paint film first to avoid damaging jambs. ' Window Conservation Newcastle Community Centre u L~ 1 Conservation of Wood Windows Section 08611 Page 3 of 5 November 2001 3.12 Take care with tools to avoid marring, crushing or splitting components. If necessary, nails which have to be removed should be snapped off on the back of the component rather than driven back through the face. 3.1.3 All components, including hardware, which are being dismantled shall be labeled and retained for the duration of thejob. 3.1.4 All disassembled components shall be labeled using the pre-assigned window inventory number, e.g., W1-02, and other information required. 3.1.5 Labels shall consist of gasket paper, marked with a waterproof marker, stapled to the component on a hidden surface in a secure manner. Label shall be applied immediately upon removal of the component. 3.1.6 Contractor shall store the components in such a way that they are protected from the weather and are accessible for easy reference throughout the job. Objects shall be stored together in logical groups to prevent any object from being misplaced or lost. 3.1.7 Sash and other components shall be appropriately stacked, padded and supported to prevent deterioration, warping, abrasion or other forms of damage. 3.1.8 Items such as hardware shall be stored and labeled in re-sealable plastic bags. 3.1.9 Disassembled items removed from site, such as sash, shall be marked "Property of Newcastle' on a hidden surface. 3.1.10 Remove curtains, blinds and tracks to facilitate work and reinstall at job end. 3.1.11 Remove and discard all extraneous fasteners and pieces of hardware. 3.2 Reglazing 3.2.1 All broken glass to be replaced with glass of the same thickness. 3.2.2 Assume 50% of lights to be totally removed and reglazed. 3.2.3 Assume 50% of glazing stops to be replaced. 3.2.4 Assume all remaining lights to have repairs to glazing compound. 3.2.5 When repairing glazing compound dig out deteriorated putty inside and out. Remove glazing stop at affected area. 3.2.6 Prime area to be puttied with one liberal coat of boiled linseed oil and turpentine (mixed 1:1 ). 3.2.7 When dry, neatly reputty and tool smooth. 3.2.8 Back prime glazing stops with the same boiled linseed oil turpentine mixture. 3.2.9 When resetting an entire light remove it, clean rebates, prime with linseed oil turpentine mix, allow to dry, apply back putty to rebate, and bed glass firmly into position in such a way that it is evenly seated. Apply another bead of putty around perimeter before installing glazing stops; tool smooth. ' Window Conservation Newcastle Community Centre ' 3.3 "Dutchmen" Conservation of Wood Windows Section 08611 Page 4 of 5 November 2001 3.3.1 Material spliced in as repair shall be same wood species with grain orientated to match original. 3.3.2 Joints shall be tight so that after finishing they are visible only upon close inspection. 3.3.3 In exterior situations joints shall be weather tight; bevel joints so that they would drain to the exterior should moisture penetrate. 3.3.4 Material spliced in shall be attached to the parent piece, not adjacent element. 3.3.5 Surface fasteners are not permitted; clamp until adhesive has set and protect from pressure marks. 3.3.6 Assume the need for 3 Dutchmen per window (frame or sash). 3.4 New Mouldings; Parting Strips, etc. 3.4.1 Replacement material shall be same species as original except white oak shall be used for new parting strips. 3.4.2 Each new piece is to match exactly the size and profile of the item to be replaced. 3.4.3 Prepare sample of each item for review by consultant prior to milling the material. 3.4.4 Back prime all new material prior to installation. 3.4.5 Direction and orientation of the grain is to match existing. 3.4.6 Joints shall match existing and shall be tight so that after finishing they are only visible from close inspection. 3.5 Other Repairs 3.5.1 Assume the need to re-shim the mortice and tenons of all bottom rails in lower sash. 3.5.2 Assume the need to disassemble two lower sash and to replace the bottom rail with through mortice and tenon joints to match original. 3.5.3 Clean out behind blind stops and fasten tightly to jambs. Gap not to exceed 1/8". Assume 30% of blind stops. 3.6 Caulking 3.6.1 Seal one window under direct review of consultant prior to beginning the remainder of the work. Provide consultant 3 days notice prior to undertaking work on the sample 3.6.2 Prepare surface in accordance with manufacturers' printed instructions. Do not install when temperature falls below manufacturers' recommended range. 3.6.3 Carefully clean joints and spaces to be sealed with non-metallic bristle brushes and damp, lint free cloths and ensure that joints are free of dust, loose mortar and other foreign material. Do not damage adjacent historic fabric. Review methods with consultant prior to removing any material. Window Conservation Conservation of Wood Windows Section 08611 Newcastle Community Centre Page 5 of 5 November 2001 3.6.4 Install backer rods where indicated to achieve depth of joint equal to width. 3.6.5 Mask and otherwise protect adjacent historic fabric from coating or staining with sealant. 3.6.6 Apply sealant under pressure to assure good adhesion to sides of joints and to completely fill all voids in joints. 3.6.7 Form surface of sealant smooth, concave, free from ridges, wrinkles, sags, air pockets and embedded foreign matter. 3.6.8 Upon completion remove masking and remove sealant smears or droppings. 3.7 Hardware 3.7.1 Remove all hardware to permit preparation of wood surfaces. 3.7.2 Remove paint using methylene chloride based paint stripper and polish lightly. Provide sample for review by consultant. 3.7.3 After painting of frame and sash reinstall hardware; lubricate and adjust for proper operation. 3.8 Installation of Weather Stripping 3.8.1 Install weather stripping in accordance with manufacturers' instructions. 3.8.2 Install on clean, dry surfaces, seated in a bed of sealant. Install with well seated nails (supplied by manufacturer) at each end and at 8" o.c. 3.8.3 All weather stripping shall be installed in one piece, i.e., one piece for jamb, one for head, etc. 3.8.4 Mitre weather stripping at corners of jambs and sill. 3.8.5 Plane sash as required to obtain proper fit and operation against weather stripping. 3.8.6 Lower sash shall be easy to operate for'/<" of its height. Window Conservation Wood Epoxy Consolidation Section 08612 Newcastle Community Centre Page 1 of 3 _ November 2001 1 General 1.1 Qualifications ^ The work of this Section must be completed by a company and tradespersons who have completed successfully similar projects. If required, supply project information and references for ' Consultant's review prior to award. 1.2 Description ' The work in this section consists of epoxy consolidation of deteriorated wood. The intention is to consolidate pockets, resulting from removal of fungal decay or from the cleaning of deep checks or crevices, prior to applying epoxy patching compound. For the Newcastle Community Centre this will be limited largely to sills, bottom rails and meeting rails. (See Section :Wood Epoxy Patching.) 1.3 Quality Assurance Work of this section shall be completed by individuals with a minimum of five (5) years experience at this type of work. 1.4 Submittals 1.4.1 Contractor shall complete the work described in this section on two (2) sample windowsills identified beforehand by the Project Consultant. This work shall be executed under direct review by the Consultant. Acceptance of the completed sample by the Consultant shall be necessary before additional consolidation work proceeds. 1.4.2 Provide Consultant 5 days notice prior to undertaking work on this sample. 1.5 Product Storage and Handling 1.5.1 Deliver epoxies in manufacturer's original, unopened containers and store inside at room temperature or as recommended by manufacturer. 1.5.2 Do not use epoxies which have exceeded manufacturer's shelf life. 1.5.3 Epoxies which have frozen since their manufacture are not to be used and are to be removed from site. 1.5.4 Follow safety precautions of epoxy as defined by product manufacturer. Observe good housekeeping practices when working with epoxies. 1.5.5 Flammable solvents may not be stored in or brought within 20 feet of historic building. 1.6 Project Conditions 1.6.1 Epoxy applications are to be performed in favorable weather conditions as defined herein and by manufacturer. The temperature range within the work area shall be between 60 to 90 degrees F. 1.6.2 Wood to be consolidated must be dry and have a moisture content below 18% by weight. Protect area from moisture until epoxy has completely cured. Window Conservation Wood Epoxy Consolidation Section 08612 Newcastle Community Centre Page 2 of 3 November 2001 1.6.3 Epoxy consolidant must be within a temperature range of 60 to 90 degrees F. at the time of application. Wood within 3 inches of the consolidation area is to be within the temperature range of 45 to 90 degrees F. at the time of application. Use of a heated enclosure around the work area is acceptable. Shade mixing and application area from direct sunlight. Provide shade to application area for minimum of 8 hours following application. 1.6.4 Area is to be secured from public use during epoxy application. Secure areas as necessary. 1.6.5 Mask or otherwise protect surrounding or adjacent historic fabric from all activities associated with this work. No fastenings associated with hoarding or other protections shall be installed in historic material without prior approval of consultant. 1.7 Clean Up 1.4.1 Following application leave all areas free and clean of epoxy. Discard unused epoxy, containers, tools and towels in accordance with any local, Provincial and Federal regulations. 2 Products 2.1 Materials 2.1.1 Epoxy consolidant: ConServ Flexible Epoxy consolidant 100 Available from: Conserv TM' - Contact: Bruce Wipple, Tel. (973) 579-1112. 3 Execution 3.1 Inspection 2.1.1 Wood deteriorating from fungal attack, loose friable material, paint and dirt must be removed before the area for treatment can be accurately defined. Actual parameters for epoxy consolidation may vary for each situation. Verify conditions and proposed treatment with Project Consultant. 2.2 Preparation 2.2.1 All dirt, paint, loose wood, failed epoxy repairs and soft wood decay must be removed prior to application of epoxy consolidant; remove decay down to sound wood. Remove all loose wood fragments and blow out all dust. Riddle area with 1/8" diameter holes at %;' spacing prior to applying consolidant. 2.2.2 Remove paint from areas being treated, see Section Surtace Preparation. No chemical paint strippers or open flame devices shall be permitted. Maintain polyethylene tent to keep wood dry. 2.2.3 Protect area from moisture until consolidant has been applied and has completely set. Wood to be consolidated must be dry and have a moisture content of less than 18% within 3 inches of decay area. 2.2.4 Protect vegetation and all building fabric from damage, spills or drips. 2.3 Application 2.3.1 Epoxy consolidant may be applied by pouring or with a brush. Window Conservation Wood Epoxy Consolidation Section 08612 Newcastle Community Centre Page 3 of 3 - _ November 2001 2.3.2 Apply liberally to prepared decay area but not beyond. Do not allow consolidant to touch adjacent areas, materials or building components. Repeat application 4 to 6 times or until surfaces do not accept more consolidant. Allow approximately one hour between applications. 2.3.3 Keep epoxy consolidant out of direct sunlight and at temperatures above 60 degrees F. until fully cured. I , Window Conservation Wood Epoxy Patching Newcastle Community Centre Section 08613 Page 1 of 2 November 2001 1 General 1.1 Qualifications The work of this Section must be completed by a company and tradespersons who have completed successfully similar projects. If required, supply project information and references for Consultant's review prior to award. 1.2 Description The work in this section consists of epoxy patching for filling and making non structural repairs on wood which has been previously treated with epoxy consolidant. (See Section 08612: Wood Epoxy Consolidation.) The intention is to patch and fill or form and pour the pockets in sills previously treated with epoxy consolidant in such a way that the original profile is restored. 1.3 Submittals 1.3.1 Contractor shall complete the work described in this section on two (2) sample windowsills identified beforehand by the Project Consultant. This work shall be executed under direct review by the Consultant. Acceptance of the completed sample by the Consultant shall be necessary before additional consolidation work proceeds. 1.3.2 Provide Consultant 3 days notice prior to undertaking work on this sample. 1.4 Product Storage and Handling 1.4.1 Deliver epoxies in manufacturer's original, unopened containers and store inside at room temperature or as recommended by manufacturer. 1.4.2 Do not use epoxies, which have exceeded manufacturer's shelf life. 1.4.3 Epoxies which have frozen since their manufacture are not to be used and are to be removed from site. 1.4.4 Follow safety precautions of epoxy as defined by product manufacturer. Observe good housekeeping practices when working with epoxies. 1.4.5 Flammable solvents may not be stored in or brought within 20 feet of historic building. 1.5 Project Conditions 1.5.1 Epoxy applications are to be performed in favorable weather conditions as defined herein and by manufacturer. The temperature range within the work area shall be between 60 to 90 degrees F. 1.5.2 Wood to be consolidated must be dry, have a moisture content below 18% by weight and must have been previously treated with epoxy consolidant. Protect area from moisture by use of a polyethylene tent until epoxy has completely cured. 1.5.3 Epoxy patch must be within a temperature range of 60 to 90 degrees F. at the time of application. Wood within 3 inches of the patch area is to be within the temperature range of 45 to 90 degrees F. at the time of application. Use of a heated enclosure around the work area is acceptable. Shade mixing and application area from direct sunlight. Provide shade to application area for minimum of 8 hours following application. Window Conservation Wood Epoxy Patching Newcastle Community Centre Section 08613 Page 2 of 2 November 2001 1.5.4 Area is to be secured from public use during epoxy application. Secure areas as necessary. 1.5.5 Mask or otherwise protect surrounding or adjacent historic fabric from all activities associated with this work. No fastenings associated with hoarding or other protections shall be installed in historic material without prior approval of consultant. 1.6 Clean Up 1.6.1 Following application leave all areas free and clean of epoxy. Discard unused epoxy, containers, tools and towels in accordance with any local, Provincial and Federal regulations. 2 Products 2.1 Materials 2.1.1 Epoxy Patch: ConServ Flexible Epoxy Patch 200 Available from: Conserv T^' -Contact: Bruce Wipple, Tel. (973) 579-1112. 2.1.2 Fumed Silica: Fumed silica or equal may be used to thicken the patch to enhance tooling and application. 3 Execution 3.1 Inspection 3.1.1 Wood must have been previously treated with epoxy consolidant before patching. Verify conditions and proposed treatment with Project Consultant. 3.2 Preparation 3.2.1 Refer to Section 4 for epoxy consolidation preparation and application. 3.2.2 Protect decayed area from moisture until patch has been applied and has completely set. Wood to be patched must be dry and have a moisture content of less than 18%. 3.2.3 Protect vegetation and all building fabric from damage, spills or drips. 3.3 Application 3.3.1 Epoxy patch may be applied with a putty knife, trowel or similar tool. 3.3.2 Apply patch to properly prepared cavities or checks. Do not apply in thicknesses greater than 1 1/2 inches or in any one area exceeding one quart at one time. Allow epoxy to set before applying additional layers. 3.3.3 In certain situations, such as with those window sills where the outside corner has been abraded away, the patch material shall be mixed at a low viscosity and cast to form the desired shape. Use butcher's wax as a release on the form. After the patch has cured remove all traces of the release with varasol to ensure adhesion of paint films. 3.3.4 Plane, tool and sand sill smooth to remove all excess epoxy and restore profile. Window Conservation Surface Preparation Section 09899 Newcastle Community Centre Page 1 of 4 November 2001 1 General 1.1 Qualifications The work of this Section must be completed by a company and tradespersons who have completed successfully similar projects. If required, supply project information and references for Consultant's review prior to award. 1.2 Description 1.2.1 The work in this section describes the work necessary to prepare the interior and exterior surfaces for primer and paint and stain and varnish. 1.3 Quality Insurance 1.3.1 Work of this section shall be completed by individuals with a minimum of five (5) years' experience at this type of work. 1.4 Submittals 1.4.1 Contractor shall complete the work described in this section on one (1) sample window (sashes and frame) identified beforehand by the Project Consultant. This work shall be executed under direct review by the Consultant. Acceptance of the completed sample by the Consultant shall be necessary before additional surface preparation work proceeds. 1.4.2 Provide Consultant five (5) days notice prior to undertaking work on this sample. 1.5 Product Storage Handling 1.5.1 Observe good housekeeping practices when executing work in this section. 1.5.2 Follow safety precautions for contact, removal, containment and removal of old paint contaminated with lead as defined by local, Provincial and Federal regulations. 1.5.3 Provide fire extinguisher (carbon dioxide type) minimum 9 kg. capacity, at immediate work area. 1.6 Project Conditions 1.6.1 Surface preparation work shall be performed in favorable weather conditions as defined herein. The temperature range within the work area shall be between 50 to 90 degrees F. 1.6.2 Wood being prepared must be dry and have a moisture content below 12% by weight. Protect area from moisture until Painting is complete and cured. 1.6.3 Use of a heated enclosure around the work area is acceptable. 1.6.4 Mask or otherwise protect surrounding or adjacent historic fabric from all activities associated with this work. No fastenings associated with hoarding or other protects shall be installed in historic material without prior approval of Consultant. 1.6.5 Prevent dust associated with these activities from entering the building interior. Window Conservation Surface Preparation Section 09899 Newcastle Community Centre Page 2 of 4 November 2001 1.6.6 All exterior surfaces shall be protected by the use of polyethylene tents to protect from moisture, and once painting begins, the use of breathable tarps, from the time paint removal begins complete through final painting. 1.7 Clean Up 1.7.1 Remove from building any oil soaked rags and/or brushes at the end of each work day or earlier in the day if use of oil is finished, whichever occurs first. This is to avoid any danger of linseed oil soaked rags spontaneously combusting. 1.7.2 Clean up work area at the end of each work day. Remove from building and discard unused materials, containers, tools, towels and paint dust in accordance with any local, Provincial and Federal regulations. 1.8 References for Removal of Existing Paint Contaminated with Lead 1.8.1 The Environmental Protection Act (EPA) amended by Ontario Regulation 175/83. The Occupational Health and Safety Act, Ontario Regulation 843190 -Respecting Lead. 1.8.2 Comply with Ontario Ministry of Labour Agencies and local requirements pertaining to lead paint removal provided that in case of conflict among these requirements, or with these specifications, 1 the more stringent requirements apply. 1.8.3 Handle and dispose of contaminated waste as required by Ontario Regulation 347, made under the Environmental Protection Act amended by Ontario Regulation 175. 1.8.4 Work only in a well ventilated area. ' 1.8.5 Workers should wear protective clothing, including a suitable respirator (equipped with a HEPA filter), neoprene gloves, TYVEC suites, etc. No worker or authorized visitor should have facial hair that prevents proper fit of respirator face piece and skin. ' 1.8.6 Eating, drinking, smoking and chewing are not permitted in the work area. 1.8.7 Workers should wash hands and face when leaving the work area. Store protective clothing in work area. 1.8.8 Clean the work area thoroughly at the end of each day with all scrapings and other waste collected and placed in sealed containers. Drop sheets shall be treated as lead waste and shall be ' wetted and folded to contain lead residue and then placed in sealed containers. Dispose of the collected material in accordance with authorities having jurisdiction. ' 1.8.9 At completion, do a thorough final clean up of the work area and adjacent areas with a HEPA vacuum cleaner. 1.9 Instruction and Training 1.9.1 Before commencing work, provide every worker with instruction and training in the hazards of lead paint exposures, in personal hygiene and work practices, and in the use, cleaning, and disposal of respirators and protective clothing. 1.9.2 Instruction and training related to respirators shall include instruction and training related to: II Window Conservation Surface Preparation Section 09899 Newcastle Community Centre Page 3 of 4 __ _ _____ November 2001 1.9.2.1 The limitations of the equipment. 1.9.2.2 Inspection and maintenance of the equipment. 1.9.2.3 The fitting of the equipment. 1.9.2.4 The disinfecting of the equipment. 2 Products 2.1 Materials 2.1.1 Boiled linseed oil 2.1.2 Alkyd spar varnish 2.1.3 Turpentine 3 Execution 3.1 Scope of Paint Removal All interior and exterior surfaces shall be scraped and sanded to sound substrate; this may or may not be bare wood. All window sills, where epoxy repairs are required, shall be stripped to bare wood. 3.2 Paint Removal Using Heat Guns 3.2.1 Heat guns and careful scraping and sanding are the permissible means of removing paint from window components. 3.2.2 Open flame devices for paint removal are not permitted because of the fire hazard they pose. 3.2.3 Use heat guns in such a way that wood is not scorched; protect glazing to avoid breaking glass. 3.2.4 Scraping and sanding shall be done carefully so as not to gouge or otherwise alter the profiles of mouldings. Orbital sanders are not permitted because of the tendency to tear across the grain. 3.2.5 Customize blades for scrapers to match the shape of the original profiles. 3.2.6 Carefully sand to achieve smooth surface without altering profiles, feather edges, remove all dust with vacuum, and wipe clean. 3.2.7 Wipe all surfaces down with a weak solution of trisodiumphosphate (TSP); follow all safety procedures. Keep amount applied to absolute minimum to avoid wetting wood. 3.3 Surtace Preparation Note: Consolidation and patching with epoxy shall be executed after paint removal but before the Surtace preparation work described here. ^ 3.3.1 All areas of bare wood that are weathered grey (and which have not been consolidated and patched with epoxy), shall be treated with one coat of boiled linseed oil, alkyd spar varnish and ' turpentine, mixed in equal parts, applied by brush. II Window Conservation Surtace Preparation Section 09899 Newcastle Community Centre Page 4 of 4 November 2001 3.3.2 Alkyd primer shall not be applied before the linseed oil/turpentine/varnish mixture has oxidized; usually about 24 hrs. but varies with temperature and humidity. Window Conservation Painting Section 09900 Newcastle Community Centre Page 1 of 3 November 2001 1 General 1.1 Qualifications The work of this Section must be completed by a company and tradespersons who have completed successfully similar projects. If required, supply project information and references for Consultant's review prior to award. 1.2 Description 1.2.1 The work in this section consists of priming and painting all wood surfaces. This includes interior and exterior surfaces of existing window sash, frames and associated trim. It also includes the refinishing of all interior stops with a pigmented varnish finish. 1.3 Delivery, Storage 1.3.1 Deliver packaged materials in original, unopened, labelled and sealed containers. 1.3.2 Keep stored materials at a temperature between 50-90 degrees F., and protect from direct sun or inclement weather. 1.4 Job Conditions 1.4.1 No painting shall be undertaken if the temperature is expected to fall below 50 degrees F. within the next 48 hours unless a heated enclosure is provided. 1.4.2 Finishes shall not be applied in direct sunlight. 1.4.3 Finishes shall be protected from moisture for 48 hours after application. 1.4.4 Surtaces must be dry, clean, free from dust, grease, oil or other contaminants that will affect the work of this Section. 1.5 Protection 1.5.1 Use sufficient drop cloths and protective coverings to protect furnishings, work of others and adjacent historic fabric not being painted. 1.4.2 Remove waste rags from site at the end of each working shift. 1.6 Colours 1.6.1 Colour for all interior painted Surtaces to be white to match existing. 1.6.2 On the exterior assume that the frame will be one colour and the sash will be another. Samples will be provided by consultant. 1.5.3 The colour of the pigmented varnish for the interior stops is intended to match the originals. Window Conservation Painting Section 09900 Newcastle Community Centre Page 2 of 3 November 2001 1.6 Job Samples 1.6.1 Contractor shall provide as many as three sample panels of the different paint colour(s) and finish(es) for review by Consultant and Owner. Colours other than white may be custom tints different than those available in standard colour wheels. 2 Products 2.1 Alkyd Primer: "Suprime - 8" by Pratt & Lambert 2.2 Acrylic Latex Finish Coats: "Accolade" by Pratt & Lambert 2.3 Sealer for knots: 4 Ib. Cut shellac 2.4 Thinners, cleaners, primers, and sealers recommended by the coating manufacturer. 2.5 Materials to be new and top line of manufacturer. 2.6 Alkyd spar varnish. 3 Execution 3.1 Preparation: see "Section 09993: Surface Preparation" 3.2 Ensure all epoxy work is complete, cured and tooled. See "Section :Wood Epoxy Patching". 3.3 Seal knots. 3.4 Back prime any new material before installation. 3.2 General 3.2.1 Protect, remove and replace hardware as required. 3.2.2 Conform with approved samples. 3.3 Application 3.3.1 Typically (1) coat primer, two (2) finish coats. Finish and number of coats specified are intended to cover surfaces completely. If they do not, apply further coats until complete coverage is achieved to Consultant's approval. 3.3.2 Apply materials in strict accordance with manufacturer's directions and specifications. 3.3.3 All primer and finish paint shall be applied by brush. 3.3.4 After application of first coat, Consultant must give approval of colour before second coat application. Contractor shall allow for changes in tint at this stage. 3.3.5 Finishes shall be uniform in sheen, colour and texture, and free from sags, runs or other defects. Window Conservation Painting Section 09900 Newcastle Community Centre Page 3 of 3 __ November 2nn1 3.4 Clean Up 3.4.1 On completion of work, remove surplus material, tools, equipment, and debris from work area to satisfaction of owner. 3.4.2 Remove excess paint from glass and other adjacent surtaces. Shoalts and Zaback Architects Ltd. January 23, 2002 Page 1 of 2 Window Conservation Newcastle Community Hall Newcastle, Ontario Project No. 0145 Addendum # 1: The following items are part of the contract documents and are to be included in the base bid. The Bidding Documents are revised as follows: S ecification Item 1 Reference: Section 00100, Instructions to Bidders, 1.1: The closin date is than ed to Monda , Janua 28, 2002 on or before 2:00 .m. Item 2 Reference: Section 01001, General Requirements: 1.26 Moving of Furniture and Equipment "Free Masons Hall" The owner will arrange for the temporary removal of items of value from the area prior to start of work and will return them to place after completion of work. The contractor will carefully remove other material such as the trophy shelf as required to complete the work. Contractor will reinstate to existing conditions before leaving the site. "Davcare" The daycare is available three days per week. Contractor to work around this schedule including moving, then returning furniture and equipment to service. "Historical Society Museum" The owner will resolve items of value before work starts in this area. The contractor will be responsible for moving all other items aside to allow work and installation dust and drop sheets. The schedule for this will need to be a reed u on in advance. Item 3 Reference: Section 01535, Temporary Facilities, 1.6 Offices: There is no space for Contractor's use within the building. Contractor will be given space in the parking lot for site trailer(s) as required for storage of equipment, tools and a site office. Item 4 Reference: Section 01006, Quality Control, 3. Temporary Protection: In the Daycare Area, install 2'-0" x 2'-0" clear plexiglass view windows for each window. Review proposed location of view window with occupant of the space prior to installation. Delete 1' x 2' of carbonate sheets in all other o enin PI ood onl is sufficient. Item 5 Reference: Section 08611 Conservation of Wood Windows, 2.9 Replacement Glass: The Stipulated Sum is to include replacement of 50% of the glass. The replacement glass is to match the appearance of the existing glass. This is intended to replace existing broken glass and any glass which breaks during careful removal and reinstallation. It is not intended to replace existing glass broken throw h careless handlin b the contractor. Item 6 Reference: Section 08611, Conservation of Wood Windows:' 2.8 Hardware No alternates permitted for the Ives products. 2.1 Weatherstripping No alternates ermined for the bronze weatherstri in . 4 Cataraqui Street Suite 206 Kingston, Ontario K7K 1Z7 a-mail: mail@szarch.com Tel: (613) 547 0776 Fax: (613) 541 0804 I' Shoalts and Zaback Architects Ltd. January 23, 2D02 Page 2 of 2 Window Conservation Newcastle Community Hall Newcastle, Ontario Project No. 0145 Addendum # 7: The following items are part of the contract documents and are to be included in the base hirf Possible alternate distributor: Unique Sash Balance Company Ltd., 8301 rue Marconi, Ville d'An'ou, Q.C.., H1J 2W4, 514-493-1353. Item 7 Add Section 00300, Bid Form, co attached. Item 8 Reference: Section 00100, Instructions to Bidders, 1.7, Add: 1.7.5 Bidder is to submit a completed Section 00300 Bid Form and Section 00410, List of Subcontractors, A endix S1, with the bid submission. Item 9 Reference: Contractor's Qualifications At the Site Meeting, the bidders were reminded to review 1.1 Qualifications in each of Sections 08611, 08612, 08613, 09899 and 09900. Contractor may be required to supply confirmation of their qualifications prior to award. Failure to provide satisfactory confirmation may result in bid not being accepted by the owner. Item 10 Reference: Section 09899, Surtace Preparation 3.1 Scope of Paint Removal, Add: 3.2 `In practical terms bidder is to assume that nearly all of the paint on the window com onents will re uire removal." END OF ADDENDUM 4 Cataraqui Stree[ Suite 206 Kingston, Ontario K7K 1Z7 e-mail: mail@szarch.com Tel: (613) 541 0776 Fax: (613) 541 0804 aUA~i~a~ ~ ~~~ ~ I I I I I I ~~~ ~ ~ ~~ ~W ~~~ ~ ~~~ ~ ~~ a ~~~ ~~~g ~ p ~, w Q g q ® ~ ~ \V _d 9 4 O 9 ~ ~ ® ® (f/ ~ L JfJ ~. (j L/ (J O ~ r r~ ~ V~~ VV r ~ ~Y' VV `T^c] `~ VV O O v V ~ _ OO ~ V V ~D ~'7 ^ 1(t nl v~ ~ ^ n u UUn' ! V Q ( ~ `~ 00 O 54 r~.~ '- ' {~indoW Restoration Shoalts and ZabackArchitects Ltd ;,, "; ;, 4 Cotaraqul 64aap Suite 206, KMgeton, Dntarlo. K]K 1P I ~ Lacotlon a-maR ezarcM1Ekoe.net tel(fi13)541-W]8 taz(613)547-0804 "' "' ommunity Holl ~s~l N w ws D D t torip e E. Riddell November 16, 2001 Clie'nS Flle oma ( Superaedae I Sppeneded By t ' `i y Municipality of C/orington ~ Y'~t Client Pro)ect N DraWing Number , p!g OnWing Ti/tie Sheet Prepat & Revlalon k 0145 :~ m WI-o1 vln-oz wt-oa wt-oa W1-05 Wi-O6 ~' m c ~g b a WI-07 m~oDwoz~ ~_~ m Z m A < 0 D y~y O C C ~~N S OZ O m o m ~ W1-o9 ? m 2 ~~ ~ y p O z O O F O p ~ ASSA CAmN 3O~ ~fqo I I OQ o-K{zoo 1! AU_~ff D O O O OZ D --II mDA~~S N Z' 1.N ~O 'NN 1}110 _ O p.1a1 ZZC m noyi rr N m C C -q `1/~ ND tnND ..1 ~o ~~m As o ~ 12 m gA m o m ~ Z C m O p Z ti r Z N O O mo m A " "" {NindoW Restoration Shoalts and Zaback Architects Ltd 4 Catcicqul Street, 6ulte 206, Kingeton, Ontario, KZK 1ZJ Locotlon a-mall: ezorebOkovnet tal(813)Cs41-OT/6 fax(613)fi61-0800. NeWcost/e Community Hall Drawn by D NeWcost/e, Ontario £. 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Riddell ' Norembe~ 16, 7007 - of Clorington i_6uparaedea I Supseatled By l,l f l,t- I I r ~ - _ r: y. E Orawing Numbx ~p~.. ~./. ~~~ ~ ~ aewtan 9 ^ 2 // . 1D09. REPLACEIAENT OF TRANS0~1 LIGHT IN VERY GLAZING STOPS (SIIAILAR TO coon CONDITION, STRIP WINDOW GLAZING STOPS) ~ ~, AN_ D REFINrSH oNLv WMOfOW Restoration Shoalts and Zaback Architects Ltd ,_ ; 4 Cataroqui Street. Suite 2p6, Kingelon, Ontario, K]K 1Z] Locatlan a-moll: azorcM1Okos.net tel(613)641-OA6 Pov(813)641-0604 ~~ lyeWcastle Community Ho// orewn br pate 1 NeWcost/e, Ontario E Riddell November 16, 2001 Cllant Flle Noma 6upenedas 6upersedetl By '~ Municipa/ity of C/orington 1 1 Cllant Pro(ect q prawinq umEer prewmq Typical Window Elevation ~ Revlelnn x P / 0145 I ~~ Typical WndoW Elevation NoTE~ A3 1"-7'-0" DETAILS SHOWN ARE TYPICAL AND ARE RASED ON GROUND FLOOR WINDOWS. SECOND BOOR ARE SIMILAR (SIZES ARE DIFFERENT SEE ELEVATIDN). 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