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98-166
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-166 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing, Siding and Sheet Metal, Newcastle, in respect to the Hampton Operations Centre Roof Replacement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between the Barr's Roofing, Siding and Sheet Metal and said Corporation. 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 9 day of November , 1998. By-law read a third time and finally passed this 9 day of November, 1998. ayor erk r Barr's Hooting,Siding&Street Me ta 66 Metcalf St.,P.O.Box 20009 + Newcastle;Ontario L18 1M3 ' — -vl�u ,, // Ph: Fax W5.987-3838 MUNICIPALITY OF CLARINGTON ' HAMPTON OPERATION CENTRE ' PARTIAL ROOFING REPLACEMENT ' TSH PROJECT NO - - . 22 13783 03 ' TENDER NO: CL98-20 ' OCTOBER 1998 1 Y F ' totten suns hubicki associates TENDER DOCUMENTS & TECHNICAL SPECIFICATIONS ' MUNICIPALITY OF CLARINGTON HAMPTON OPERATION CENTRE 1 PARTIAL ROOFING REPLACEMENT 1 1 1 1 ' TSH PROJECT NO. 22-13783-03 ' TENDER NO: CL98-20 ' OCTOBER 1998 ' EEO Canadian construction documents committee SUMMARY OF IMPORTANT DIFFERENCES BETWEEN ' THE 1994 AND THE 1982 EDITIONS OF CCDC 2 • The Articles of the Agreement and General Conditions of the CCDC 2 - 1994 are reordered. ' Article A-4 of the Agreement- CONTRACT PRICE Value Added Taxes are excluded from the Contract Price. ' Article A-5 of the Agreement- PAYMENT `Final certificate for payment' is used as a milestone event in the life of the Contract. • GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER ' The Contractor is entitled to request the Owner to furnish reason evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. • GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK ' The Owner is required to place the holdback amount in a separate holdback account 10 days prior to the expiry of the holdback period • GC 6.3 - CHANGE DIRECTIVE ' Introduces a new administrative document called a `Change Directive' which is signed by the Owner and authorizes the change to proceed where there has been no agreement on the value of a change or the valuation method. ' GC 6.4 - CONCEALED OR UNKNOWN CONDITIONS The scope is expanded to include concealed physical conditions as well as underground conditions.The procedure and time period for the giving of written notices are specified. ' Part 8 of the General Conditions -DISPUTE RESOLUTION The dispute resolution procedures are amended to mandate the sequential approach of negotiation, mediation,and arbitration.If neither party elects to use arbitration, the parties may refer the unresolved ' dispute to the courts or to any other form of dispute resolution, including arbitration,which they have agreed to use. • GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS ' New General Condition outlines the procedures to apply and the obligations of the parties respecting the presence of toxic or hazardous substances or materials at the Place of the Work. • GC 11.1 - INSURANCE ' The insurance conditions are revised to refer the prevailing standard insurance policy forms endorsed by the Insurance Bureau of Canada (IBC) rather than the current CCDC Policy Forms. Certain mandatory endorsements, however, are required by the CCDC provisions to the IBC policies. ' GC 12.3 - WARRANTY New provision states that Product warranties requiring guarantees in excess of 1 year shall be issued by the manufacturer to the benefit of the Owner and they are to be acquired by the Contractor on ' behalf of the Owner. In the Committee's continuing effort to keep the wording of the standard documents clear and consistent, minor editorial changes have been made. These editorial changes do not change the intent of the document. June, 1994 t TABLE OF CONCORDANT ARTICLES 19821 1994 EDITIONS OF CCDC 2 ' 1982 19% 1982 1994 Edition Edition Edition Edition ' ARTICLES OF AGREEMENT GC 14.3 GC 5.4 Substantial Performance of A-1 A-1 The Work the Work New A-2 Agreements and Amendments GC 14.4 GC 5.5 Payment of Holdback upon ' A-2 A-3 Contract Documents Substantial Performance of A-3 A-4 Contract Price the Work A-4 A-5 Payment GC 14.5-.6 GC 5.6 Progressive Release of Holdback A-6 A-6 Receipt of and Addresses for Notices GC 14.7 GC 5.7 Final Payment ' A-7 A-7 Language of the Contract GC 14.9 GC 5.8 Withholding of Payment A-8 A-8 Succession GC 14.10 GC 5.9 Non-conforming Work PART 6 CHANGES IN THE WORK ' GENERAL CONDITIONS GC 11 GC 6.1 Changes PART 1 GENERAL PROVISIONS GC 12.2 GC 6.2 Change Order GC 1 GC 1.1 Contract Documents New GC 6.3 Change Directive ' A-7 GC 1.2 Law of the Contract GC 28 GC 6.4 Concealed or Unknown A-5 GC 1.3 Rights and Remedies Conditions GC 8 GC 1.4 Assignment GC 4 GC 6.5 Delays , PART 2 ADMINISTRATION OF THE PART 7 DEFAULT NOTICE CONTRACT GC 5 GC 7.1 Owner's Right to Perform GC 3 GC 2.1 Authority of the Consultant the Work, Stop the Work, ' GC 2.1 & 3 GC 2.2 Role of the Consultant or Terminate the Contract GC 32 GC 2.3 Review and Inspection of the GC 6 GC 7.2 Contractor's Right to Stop the Work Work or Terminate the Contract GC 33 GC 2.4 Defective Work PART 8 DISPUTE RESOLUTION ' PART 3 EXECUTION OF THE GC 7.1-3 GC 8.1 Authority of the Consultant WORK New GC 8.2 Negotiation,Mediation, and ' GC 25.1 GC 3.1 Control of the Work Arbitration GC 9 GC 3.2 Construction by Owner or GC 7.4 GC 8.3 Retention of Rights Other Contractors PART 9 PROTECTION OF PERSONS GC 25.3-.4 GC 3.3 Temporary Supports, , AND PROPERTY Structures, and Facilities GC 25.5 GC 3.4 Document Review GC 21 GC 9.1 Protection of Work and Property GC GC 25.6 GC 3.5 Construction Schedule 22 GC 9.2 Damages and Mutual GC 25.2 GC 3.6 Construction Safety Responsibility ' New GC 9.3 Toxic and Hazardous GC 26 GC 3.7 Supervisor GC 10 GC 3.8 Subcontractors and Suppliers Substances and Materials GC 27 GC 3.9 Labour and Products PART 10 GOVERNING ' ` GC 1.8 GC 3.10 Documents at the Site REGULATIONS GC 34 GC 3.11 Shop Drawings GC 15 GC 10.1 Taxes and Duties GC 29 GC 3.12 Use*of the Work GC 16 GC 10.2 Laws, Notices, Permits, ' GC 31 GC 3.13 Cutting and Remedial Work and Fees GC 30 GC 3.14 Cleanup GC 17 GC 10.3 Patent Fees PART 4 ALLOWANCES GC 18 GC 10.4 Workers' Compensation , GC 35 GC 4.1 Cash Allowances PART 11 INSURANCE-BONDS GC 36 GC 4.2 Contingency Allowance GC 20 GC 11.1 Insurance PART S PAYMENT GC 23 GC 11.2 Bonds ' New GC 5.1 Financing Information PART 12 INDEMNIFICATION- Required of the Owner WAIVER-WARRANTY GC 13 GC 5.2 Applications for Progress GC 19 GC 12.1 Indemnification ' Payment GC 14.12-.15 GC 12.2 Waiver of Claims GC 14.1-.2 GC 5.3 Progress Payment GC 24 GC 12.3 Warranty ' Standard Construction Document-CCDC 2- 1994 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the day of in the year_--_ ' by and between The Municipality of Clarington hereinafter called the "Owner" ' and Barr's Roofing, Siding and Sheet Metal Limited hereinafter called the "Contractor" ' The Owner and the Contractor agree as follows: ARTICLE A-1 THE WORK ' The Contractor shall: 1.1 perform the Work required by the Contract Documents for Supply, Installation and Removal ' of Roofing Work insert above the title of the Work ' located at Hampton Operation Centre, 2320 Taunton Road, Oshawa insert above the Place of the Work ' which have been signed by the parties, and for which Totten Sims Hubicki Associates (1997) ' Limited I I insert above the name of the Consultant is acting as and is hereinafter called the Consultant and ' 1.2 do and fulfill everything indicated by this Agreement, and 1.3 commence the Work by the 16 day of November in the year 1998 ' and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the 30 day of November in the year 1998 ' CCDC 2- 1994 File 00502 1 ARTICLE A-2 AGREEMENTS AND AMENDMENTS ' 2.1 The Contract supersedes all prior negotiations,representations,or agreements,either written or oral,relating in any manner to the Work,including the bidding documents that are not expressly listed in Article A-3 of ' the Agreement- CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. ' ARTICLE A-3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement- THE WORK: ' • Agreement Between Owner and Contractor ' • Definitions • The General Conditions of the Stipulated Price Contract Tender Documents and Technical Specifications dated October 1998 1 1 * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. Supplementary Conditions;Specifications,giving a list of contents with section numbers and titles, number of pages, and date;Drawings, giving drawing number, title, date, revision date or mark;Addenda, giving title, ' number, date) CCDC 2- 1994 File 00502 2 ' ARTICLE A-4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: ' Twenty-Six Thousand, Seven Hundred and Forty-Five ' --------------------------------------------- dollars ' and Zero cents. $ 26'745.00 ' 4.2 Value Added Taxes (of 7 %) payable by the Owner to the Contractor are: (GST) One Thousand, Eight Hundred and Seventy-Two ' ---------------------------------------------- dollars ' and Fifteen cents. $ 1,872.15 1 4.3 Total amount payable by the Owner to the Contractor for the construction of ' the Work is: Twenty-Eight Thousand, Six Hundred and Seventeen ----------------------------------------------- dollars ' and Fifteen cents. $ 28,617.15------- ' 4.4 All amounts are in Canadian funds. 4.5 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.6 The price breakdown of Item 4.1 is as follows: ' Option A: ' New Metal Flashing $ 2,560.00 Option B: Additional Roof Area $ 2,385.00 Removals, New Roof, Etc. $21,800.00 ' TOTAL $26,745.00 1 ' 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 ( 10 %), the Owner shall in Canadian funds: .1 make progress payments to the Contractor on account of the Contract Price when due in the amount , certified by the Consultant together with such Value Added Taxes as may be applicable to such payment, and 2 upon Substantial Per of the Work, pay to the Contractor the unpaid balance of the holdback ' amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment,pay to the Contractor the unpaid balance of the ' Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance ' policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 - INSURANCE. 5.3 Interest ' .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest atCanada Bank Rate percent ( +2 %) 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 the Contract, had it not been in dispute, until the date it is paid. 1 1 CCDC 2- 1994 File 00502 4 ' ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES 6.1 Notices in writing between the parties or between them and the Consultant shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm, or to an officer of the corporation for whom they are intended by hand or by registered post; or if sent by regular post, to have been delivered within 5 Working Days of the date of mailing when addressed as follows: ' The Owner at 40 Temperance Street ' street and number and postal box number if applicable Bowmanville, Ontario L1C 3A6 post office or district,province,postal code The Contractor at 66 Metcalf Street P.O. Box 20009 ' street and number and postal box number if applicable Newcastle, Ontario L1B 1143 post office or district,province,postal code The Consultant at 300 Water Street ' street and number and postal box number if applicable Whitby, Ontario LIN 9J2 ' post office or district,province,postal code ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English/French* 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 prdsente convention est rddigde ' en anglais A la demande des parties. ' ARTICLE A-8 SUCCESSION ' 8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. 1 ' 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 DELIVERED , in the presence of. OWNER ' The Municipality of Clarington name of owner signwture WITNESS ' .Diane re. MWor _ name and title of. rson si , signature 11 signature att1 L arrie, Clerk name and title of person signing name and title of person signing CONTRACTOR Barr's Roofing, Siding & Sheet Metal Limited name of contractor signature WITNESS , name and title of person signing signature signature ' name and tide of person signing, nano and title of person signing , N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for. (a) proof of authority to execute this document, attach such proof of authority in the form of a certified , copy of a resolution naming the representative(s)authorized to sign the Agreement for and on behalf of the corporation or partnership: or (b) the agUing of a corporate seal, this Agreement should be properly sealed. ' CCDC 2- 1994 File 00502 6 , Standard Construction Document-CCDC 2- 1994 DEFINITIONS The following 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 Documents 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 Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 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 contract with the Contractor to supply Products not worked to a special design for the Work. 7. Consultant The Consultant is the person or entity identified as such in the Agreement. The Consultant is the Architect, the Engineer, or entity licensed to practice in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 8. Project The Project means the total construction contemplated of which the Work may be the whole or a part. 9. Work The Work means the total construction and related services required by the Contract Documents. 1 10. Place of the Work The Place of the Work is the designated site or location of the Work identified in Article A-1 of the Agreement - THE WORK. 11. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include machinery and equipment used to prepare,fabricate,convey,or erect the Work, which are referred to ' as construction machinery and equipment. 12. Provide ' Provide means to supply and install. ' CCDC 2- 1994 File 00602 7 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-I of the Agreement-THE WORK from commencement of the Work to Substantial Performance of the Work. 15. 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. _ Supplemental Instruction A Supplemental Instruction is an instruction,not involving adjustment in the Contract Price or Contract Time, in the form of specifications,drawings,schedules,samples,models or written instructions,consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 17. Change Order ' A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: ' - a change in the Work; - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 18. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a change in the Work within the general scope of the Contract Documents. , 19. Substantial Performance of the Work Substantial Per of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, 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 8 Standard Construction Document-CCDC 2- 1994 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however,that the Contractor shall supply products or perform work not consistent with,not covered by,or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier,or their agent,employee, or other person performing any of the Work. ' .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 The specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, and the services necessary for the performance of the Work. 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 control the Contractor in dividing the work among Subcontractors and Suppliers or in establishing the extent of the work to be performed by a trade. 1.1.9 If there is a conflict within Contract Documents: 1 the order of priority of documents, from highest to lowest, shall be • the Agreement between the Owner and the Contractor, • the Definitions, ' • Supplementary Conditions, • the General Conditions, • Division I of the specifications, • Divisions 2 through 16 of the specifications, • material and finishing schedules, • drawings. ' CCDC 2- 1994 File 00712 9 .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 charge, sufficient copies of the Contract Documents to perform the Work. 1.1.11 Specifications, drawings,models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All specifications,drawings,and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These specifications,drawings, and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.12 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. ' GC 13 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents,the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant, or Contractor shall constitute a waiver of any right , or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT ' GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner,the Contractor,and , the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. CCDC 2- 1994 He 00712 10 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 the completion of any correction of defects as provided in paragraph 12.3.3 of GC 12.3 - WARRANTY. ' 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties,responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A-5 of the Agreement-PAYMENT,GC 5.3 -PROGRESS PAYMENT, and GC 5.7 -FINAL PAYMENT. 1 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 connection with the Work in accordance with the applicable construction safety legislation,other regulations, or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of,or be responsible for the acts or omissions of the Contractor,Subcontractors,Suppliers,or their agents, employees, or any other persons performing portions of the Work. 2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the performance thereunder by both parties to the Contract, except with respect to GC 5.1 -FINANCING INFORMATION REQUIRED OF THE OWNER. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making 1 such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.7 Claims,disputes,and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER,shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant's interpretation and finding which will be given by notice in writing to the parties within a reasonable time. 2.2.8 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated,installed,or completed. However,neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the ' Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. ' 2.2.9 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. ' 2.2.10 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 Documents. CCDC 2- 1994 File 00712 1 I i 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 the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.13 All certificates issued by the Consultant shall be to the best of the Consultant's knowledge,information,and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.14 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all .times. The Contractor shall provide sufficient, safe, and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests,inspections,or approvals in the Contract Documents,or by the Consultant's instructions, or 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 furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, ' inspections,or approvals before such special tests, inspections,or approvals are made,given or completed, the Contractor shall,if so directed,uncover such work,have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 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 carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such 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 12 1 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. 1 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-ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to ' other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the ' Owner's own forces, the Owner shall: .1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract, .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; ' .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract, 1 .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co-ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; ' .2 co-ordinate and schedule the Work with the work of other contractors and Owner's own forces and connect as specified or shown in the Contract Documents; .3 participate with other contractors and the Owner in reviewing their construction schedules when directed ' to do so; and .4 where part of the Work is affected by or depends upon for its proper execution the work of other contractors or Owner's own forces,promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any apparent deficiencies in such work. Failure by the Contractor to so 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 any dispute with any other contractor whose contract with the Owner contains a similar 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, structures, and facilities and the 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 that 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 paragraph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, structures, and facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and ' the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. , GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency,or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information,and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, ' inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: , 1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be performed in conformity with the Contract Time; 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 r .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 parties under the Contract with respect to work ' to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform ' their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors,Suppliers,and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the 1 Contractor. 3.8.2 The Contractor shall indicate in writing, at the request of the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. ' 3.8.3 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 1 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 not 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 to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.9 LABOUR AND PRODUCTS 3.9.1 The Contractor shall provide and pay for labour, Products, tools, construction machinery and equipment, water,heat, light,power, transportation,and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.9.2 Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the , Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.10 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 of the Work, in good order and available to the Owner and the Consultant. GC 3.11 SHOP DRAWINGS 3.11.1 Shop drawings are drawings,diagrams,illustrations,schedules,performance charts,brochures,Product,and other data which the Contractor provides to illustrate details of a portion of the Work. ' 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. At 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 prepare 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 to such authority by the Contractor for 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 accordance with the schedule agreed upon,or otherwise with reasonable promptness so as to cause no delay. The Consultant's review is for conformity to the design concept and for general arrangement only. The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the shop drawings or for meeting all requirements of the Contract Documents unless the Consultant expressly notes the acceptance of a deviation on the shop drawings. 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- 1994 File 00712 16 1 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 Products, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Work with Products. 3.12.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.13 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 co-ordinate 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 final certificate for payment, the Contractor shall remove products, tools, ' construction machinery and equipment, and waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees. ' 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 17 performing the work stipulated under the cash allowances but do not include any Value Added Taxes 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. 4.1.4 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 difference between the actual cost , and each cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. 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 contingency allowance shall be authorized and valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.2 and the contingency allowance. 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, and/or promptly from time to time thereafter,furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 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 at that date. 5.2.3 The Contractor shall submit to the Consultant, at least 14 days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. 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 yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 The Consultant will issue to the Owner,no later than 10 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 5.2 - 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 to the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consultant to ' establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. ' 5.4.2 No later than 10 days after the receipt of the Contractor's list and application, the Consultant will review the Work to verify the validity of the application,and no later than 7 days after completing the review, will notify the Contractor whether the Work or the designated portion of the Work is substantially performed. ' 5.4.3 The Consultant shall state the date of Substantial Per of the Work or designated portion of the 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 of the Work and for which the Owner might in any way be held responsible ' have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. CCDC 2- 1994 File 00712 19 5.5.2 After the receipt of an application for payment from the Contractor and the sworn statement as provided , in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount has not been placed in a separate holdback account,the Owner shall, 10 days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 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 not exist or apply, the holdback amount shall be due and , payable in accordance with other legislation, industry practice, or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or,if permitted by the lien legislation applicable to the Place of the Work,other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK ' 5.6.1 Where legislation permits and where,upon application by the Contractor,the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, , the Owner shall pay the Contractor the holdback amount retained for such subcontract work,or the Products supplied by such Supplier, on the day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. ' 5.6.2 Notwithstanding the provisions of the preceding paragraph, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products is protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not , performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT , 5.7.1 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 the Work to verify the validity of the application. The Consultant will,no later than 7 days ' after reviewing the Work, notify the Contractor that the application is valid or give reasons why it is not valid. 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 paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien , legislation applicable to the Place of the Work, the Owner shall, no later than 5 days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A-5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT , 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor,there are items of work that cannot be performed,payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the , Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. 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 not in accordance with the requirements of the 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 to the Work by Change Order or Change Directive. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. 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 to the ' Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and the Contractor agree to the adjustments in the Contract Price and Contract Time or ' to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order,signed by Owner and Contractor. The value of the work performed as the result of a Change Order shall be included in applications for progress payment. GC 6.3 CHANGE DIRECTIVE ' 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be ' determined on the basis of the cost of expenditures and savings to perform the work attributable to the change. If a change in the Work results in a net increase in the Contract Price, an allowance for overhead and profit shall be included. 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 are involved in a change in the Work, the allowance for overhead and profit shall be ' calculated on the basis of the net increase, if any, with respect to that change in the Work. 6.3.4 The Contractor shall keep and present,in such form as the Consultant may require,an itemized accounting ' of the cost of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all of the following: ' 1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements,or under a salary or wage schedule agreed upon by the Owner and Contractor, CCDC 2- 1994 File 00712 21 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 cost is based on wages, salaries,or other remuneration paid to employees of the Contractor and included in , the cost of the work as provided in paragraphs 6.3.4.1 and 6.3.4.2; .4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and ' 6.3.4.2; .5 the cost of all Products including cost of transportation thereof; ' .6 the cost of materials,supplies,equipment,temporary services and facilities,and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, ' dismantling, removal, transportation and delivery cost thereof; .8 deposits lost; ' .9 the amounts of all subcontracts; .10 the cost of quality assurance such as independent inspection and testing services; , .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent license fees, and damages for infringement of patents and cost of defending suits , therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 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 for which the Contractor is liable; ' .15 charges for long distance telephone and facsimile communications, courier services, expressage, and , petty cash items incurred; .16 the cost 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 final amount of a Change Directive, the undisputed value of the work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Time or the method , of determining it, the adjustment shall be referred to 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 ' 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or ' .2 physical conditions of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents; then the observing party shall notify the other party in writing before conditions are disturbed and in no ' event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work,the Consultant, with the Owner's approval, 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 to the Owner and the Contractor in writing. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant,or anyone employed or engaged by them directly or indirectly,contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant ' may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. ' 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the ' Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 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 reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner. ' 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 after the commencement of delay,providing however,that in the case of a continuing cause of delay only one notice of claim shall be necessary. ' 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 furnish 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 23 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 receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. ' 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 i .3 corrects the 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 thereafter due the Contractor ' provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the ' Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: 1 take possession of the Work and Products; utilize the construction machinery and equipment; subject ' to the rights of third parties,finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense; and .2 withhold further payment to the Contractor until a final certificate for payment is issued; and ' .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a ' reasonable allowance as determined' by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3-WARRANTY,exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid ' balance of the Contract Price, the Owner shall pay the Contractor the difference; and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections , to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. CCDC 2- 1994 File 00712 24 ' 7.1.6 The Contractor's obligation under the Contract as to quality, correction, and warranty of the work . performed by the Contractor up to the time of termination shall continue in force after such termination. GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT ' 7.2.1 If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the ' Owner or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 7.2.2 If the 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 furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or ' .2 the Consultant fails to issue a certificate as provided in GC 5.3 PROGRESS PAYMENT, or ' .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant,except ' for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's notice in writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the notice in writing,the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above,the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and ' construction 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 to agree where agreement between the parties is called for,herein collectively called disputes,which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the ' General Conditions- DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of ' CCDC 2- 1994 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 jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have ' required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION,MEDIATION, AND ARBITRATION ' 8.2.1 In accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes, the parties shall appoint a Project Mediator .1 within 30 days after the Contract was awarded,or .2 if the parties neglected to make an appointment within the 30 day period, within 15 days after either ' party by notice in writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a funding of the Consultant under GC 2.2 - ROLE ' OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a notice in writing of dispute to the other party and to the Consultant, which , contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a notice in writing of reply to the dispute within 10 Working Days after receipt of 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 negotiations and agree to , provide,without prejudice,frank,candid and timely disclosure of relevant facts,information,and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under paragraph 8.2.2,the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the 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 after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties,the Project Mediator shall terminate the ' mediated negotiations by giving notice in writing to both parties. 8.2.6 By giving a notice in writing to the other party,not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5,either party may refer the dispute to be finally resolved by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 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 unresolved 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 If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting arbitration in paragraph 8.2.6 that a dispute be arbitrated immediately,all disputes referred to arbitration as ' provided in paragraph 8.2.6 shall be 1 held in abeyance until (1) Substantial Performance of the Work, ' (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier, and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. ' GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3. ' 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be ' construed as a waiver of any right that party may have under paragraph 8.2.6 to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. ' PART 9 PROTECTION OF PERSONS AND PROPERTY ' GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and ' shall be responsible for such damage, except damage which occurs as the result of. .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. ' 9.1.2 Should the Contractor in the performance of the Contract damage the Work, the Owner's property, or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such damage at the Contractor's expense. ' 9.1.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided ' in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER,and GC 6.3 - CHANGE DIRECTIVE. ' GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY 9.2.1 If either party to the Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom the other party is responsible in law, then that party shall be ' reimbursed by the other party for such damage. The reimbursing party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. CCtx 2- 1994 File 00712 27 9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time , after the first observance of such damage and if undisputed shall be confirmed by Change Order. Disputed claims shall be resolved as set out in Part 8 of the General Conditions - DISPUTE RESOLUTION. ' 9.2.3 If the Contractor has caused damage to the work of another contractor on the Project,the Contractor agrees upon due notice to settle with the other contractor by negotiation or arbitration. If the other contractor makes a claim against the Owner on account of damage alleged to have been so sustained,the Owner shall ' notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. The Contractor shall satisfy a final order or judgment against the Owner and pay the costs incurred by the Owner arising from such action. ' 9.2.4 If the Contractor becomes liable to 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 to any and all courts of competent jurisdiction. GC 9.3 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS 9.3.1 For the purposes of applicable environmental legislation, the Owner shall be deemed to have control and , management of the Place of the Work with respect to existing conditions. 9.3.2 Prior to the Contractor commencing the Work, the Owner shall ' 1 take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances and materials. 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 at 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 hazardous substances or materials which were present at the Place of the Work prior to the Contractor commencing the Work. , 9.3.5 If the Contractor .1 encounters toxic or hazardous substances or materials at the Place of the Work, or , .2 has reasonable grounds to believe that toxic or hazardous substances or materials are present at the , Place of the Work, which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but have not been dealt with as required under paragraph 9.3.4, the Contractor shall ' .3 take all reasonable steps,including stopping the Work,to ensure that no person suffers injury,sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the , substances or materials, and .4 immediately report the circumstances to the Consultant and the Owner in writing. , CCDC 2- 1994 File 00712 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 to the Contractor commencing the Work. This obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity set out in GC 12.1 - INDEMNIFICATION or which otherwise exist respecting a person or party described in this paragraph. 9.3.9 GC 9.3-TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS shall govern over the provisions of paragraph 1.3.1 of GC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL ' RESPONSIBILITY. ' PART 10 GOVERNING REGULATIONS ' GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after rthe 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 shall be responsible for permits, licenses, or certificates necessary for the performance of the ' Work which were in force at the date of bid closing. 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,rules,regulations,or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the date of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall notify the Consultant in writing requesting direction immediately upon such variance or ' change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. CCDC 2- 1994 File 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 it to be contrary to any laws,ordinances,rules,regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the , costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. GC 10.3 PATENT FEES , 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. ' The Contractor shall hold the Owner harmless from and against claims,demands, losses,costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits,or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract,the model,plan, or design of which was supplied to the Contractor as part of the Contract Documents. , GC 10.4 WORKERS' COMPENSATION ' 10.4.1 Prior to commencing the Work,Substantial Performance of the Work,and the issuance of the final certificate for payment,the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. ' 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 r 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 11.1 - INSURANCE. Unless otherwise stipulated,the duration of each insurance policy shall be from the date of commencement of the Work until , the date of the final certificate for payment. Prior to commencement of the Work and upon the placement, renewal,amendment,or extension of all or any part of the insurance,the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements. .1 General Liability Insurance: General liability insurance shall be in the joint names of the Contractor, the Owner,and the Consultant, ' with limits of not less than $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 hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work,on an ongoing basis for a period of 6 years following Substantial Performance of the Work. 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 not less than 30 days notice in writing in advance of any ' cancellation, and of change or amendment restricting coverage. .2 Automobile Liability Insurance: Automobile liability insurance in respect of licensed vehicles shall have limits of not less than$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 15 days notice in writing in advance of any cancellation,change or amendment restricting coverage. Where the policy has been issued pursuant to a government-operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. .3 Aircraft and Watercraft Liability Insurance: Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than$2,000,000 inclusive per occurrence for bodily injury,death,and damage to property including loss of use thereof and limits of not less than $2,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. .4 Property and Boiler and Machinery Insurance: (1) "All risks" property insurance shall be in the joint names of the Contractor, the Owner, and the Consultant,insuring not less than the sum of the amount of the Contract Price and the full value,as stated in the Supplementary Conditions,of Products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 4042 or its equivalent replacement, provided that IBC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 10 ' days after the date of the final certificate for payment. (2) Boiler and machinery insurance shall be in the joint names of the Contractor,the Owner,and ' the Consultant for not less than the replacement value of the boilers, pressure vessels, and other insurable objects forming part of the Work. The insurance provided shall not be less than the insurance provided by the"Comprehensive Boiler and Machinery Form"and shall be ' maintained continuously from commencement of use or operation of the 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 Work. If because of such use or occupancy the Contractor is unable to provide coverage,the Contractor shall notify the Owner in writing. Prior to such use or occupancy the Owner shall provide,maintain,and pay for property and boiler insurance insuring the full value of the Work,as in sub-paragraphs(1) ' and(2), including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. ' (4) The policies shall provide that, in the case of a loss or damage,payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to ' 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 Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - ' PROGRESS PAYMENT. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work. (6) In the case of loss or damage to the Work arising from the work of another contractor, or Owner's own forces,the Owner,in accordance with the Owner's obligations under paragraph 3.2.2.4 of GC 3.2-CONSTRUCTION BY OWNER 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 construction machinery and equipment used by the ' Contractor for the performance of the Work,including boiler insurance on temporary boilers and pressure vessels,shall be in a form acceptable to the Owner and shall not allow subrogation claims 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 may be excluded from the Contractor's responsibility by the terms of GC 9.1 -PROTECTION OF WORK ' AND PROPERTY and GC 9.2 -DAMAGES AND MUTUAL RESPONSIBILITY. 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. ' l 1.1.4 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 , l 1.2.1 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 12.1.1 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: .1 attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, and .2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable, and .3 made in writing within a period of 6 years from the date of Substantial Per of the Work as set out in the certificate of Substantial Per 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$2,000,000 per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of$2,000,000. 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 the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.4 GC 12.1 - INDEMNIFICATION 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. i 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 those 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 of the Work, as set out in the certificate of Substantial Per of the Work, or within such shorter period as ' CCDC 2- 1994 File 00712 33 may be prescribed by any limitation statute of the province or territory of the Place of the Work and i those 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 that a significant part or the whole of the Work is ' unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 12.21.4 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 by Contractor , As of the date of the final certificate for payment,the Contractor expressly waives and releases the Owner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except: .1 those made in writing prior to the Contractor's application for final payment and still unsettled; and ' .2 those arising from the provisions of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS or GC 10.3 -PATENT FEES. ' 12.2.3 GC 122-WAIVER 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. r GC 12.3 WARRANTY 12.3.1 The warranty period with regard to the Contract is one year from the date of Substantial Performance of f 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 appear prior to and during the warranty periods specified in the Contract Documents. 12.3.4 The Owner,through the Consultant,shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. 123.5 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 manufacturer to the benefit of the Owner. CCDC 2-1994 File 00712 34 ' MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00010 TABLE OF CONTENTS Page 1 Municipality of Clarington 1 Hampton Operation Centre Partial Roofing Replacement TABLE OF CONTENTS NO. OF E� TITLE PAGES 00010 Table of Contents 1 00100 Instruction to Bidders 9 00105 Scope of Work 1 00200 Form of Tender 8 00300 General Conditions 3 The Corporation of the Municipality of Clarin ton rP P tY g Standard Terms and Conditions 8 The Corporation of the Municipality of Clarin ton IP P tY g Contractor Safety Policy and Procedures 4 00800 Supplementary General Conditions 3 01000 General Requirements 9 07530 Single Ply Elastomeric Membrane Roofing 9 07620 Metal Flashing and Trim 3 END OF SECTION MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 1 1.1 EXAMINATION OF TENDER DOCUMENTS Each Bidder shall be responsible for checking the Tender Documents (hereinafter called Documents) noted in the Table of Contents to ensure that the set of Documents is complete. Immediately notify the Consultant of any omissions. 1.2 SUBMISSION OF TENDER Tenders, executed and signed under seal, must be submitted in a sealed envelope and delivered to the Clerks Department on the Tender forms provided TENDER FOR: Hampton Operation Centre Partial Roofing Replacement ATTENTION: Lou Ann Birkett, C.P.P., A.M.C.T Purchasing Manager Tenders shall be delivered to: Office of the Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Tenders will be received not later that: October 30, 1998, 2:00 p.m., local time. Late bids will NOT be accepted. Your bid package must include the following: • All pages that contain blanks, including two (2) copies of the Tender Form (all blanks must be completed and returned with the bid). • Tender Deposit in the amount as specified. • An Agreement to Bond. • Any addenda issued. • A proposed work schedule, must be submitted in the Form of Tender by the bidder to demonstrate compliance with this schedule. Failure to do so shall result in the tender being rejected. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 2 The use of mails for delivery of a tender will be at the risk of the tenderer and delivery by the postal agency of the Government of Ontario or employee of the agency of the Crown, concerned with the reception or distribution of mail, will not be regarded as delivery unless the envelope comes into the possession of the above mentioned representative before said closing time. 1.3 TENDER OPENING Refer to The Corporation Of The Municipality Of Clarington Standard Terms and Conditions. Tender opening meeting is scheduled to take place immediatelly following the closing time and date, in meeting room#1 1st Floor, 40 Temperance St. Bowmanville, Ontario 1.4 GENERAL The correct Tender Form, sealed in the envelope provided must be in the possession of the Municipality Clerk's Office on or before the tender closing date and time. Bidders must use the Tender Form supplied by the Municipality. Failure to do so will result in the bid being rejected. The tender must be legible, written in ink or type where stipulated, with the unit price for items and other entries clearly shown. Alternative proposals will not be considered unless requested in the tender documents or b ' P P q Y way of Addendum. The bid must not be qualified b any statement added to the Tender Form or a covering letter, q Y g or alterations to the Tender Forms (unless requested by the Municipality). The Tender Forms must be signed in the space(s) provided with the signature of the bidder or of a duly authorized official of the organization bidding. If a joint bid is submitted, it must be signed on behalf of each of the bidders and if signing authority for both bidders is vested in one individual, he/she shall sign separately on behalf of each bidder. Signatures on behalf of a non- incorporated company and by individuals must be witnessed. In case of an incorporated company, the corporate seal must be affixed to the Tender Form or words "I have authority to bind the corporation" must be legibly inserted immediately below the corporate officer's signatures. Erasures, overwriting or strike-out must be initialled by the person signing on behalf of the organization bidding. In the event of any discrepancy between the unit price and the extension, the unit price shall MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 3 govern. Where applicable, yo ur doc ume nt must be extended and totalled. Tenders must be irrevocable and valid for acceptance by the Municipality for a period of SIXTY(60)business days from the closing date of the tenders. The Municipality shall have the right to not accept the lowest or any tender. The Municipality also reserves the right to: Cancel the tender at any time prior to and after the acceptance of a bid. Evaluate submission based on past performance, timely project completion, appropriate manpower, equipment and facilities. Cancel any order if the goods or services are unsatisfactory. Accept the tender in whole or in part based on the options requested. - Request the bidder to present evidence of experience, ability, service facilities and financial standing necessary to meet satisfactorily the requirements set forth or implied in the tender. Without limiting the generality of the foregoing, any tender which is incomplete, illegible, obscure or which contains alterations not called for, or irregularities of any kind, may be rejected. 1.5 TENDER ACCEPTANCE AND CONTRACT AWARD Refer to The Corporation Of The Municipality Of Clarington Standard Terms and Conditions. 1.6 LOCATION OF THE WORK 2320 Taunton Rd. Municipality of Clarington 1.7 PRE-BID MEETING INSPECTION Reserved 1.8 CLARIFICATION OF DOCUMENTS Documents shall be read in conjunction with one another and it shall be assumed that they are in agreement. Should any discrepancies, ambiguities, omissions or conflicts occur in the related Documents, Bidders shall advise the Municipality and, if necessary, an Addendum will be issued. No oral interpretations will be effective to modify any provisions of the contract documents, unless a written addendum has been issued by the Municipality prior to tender closing. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 4 En q uiries regarding the Tender Documents shall be directed to the Municipality: Lou Ann Birkett, C.P.P., A.M.C.T Purchasing Manager Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Phone: 1-905-623-3379 1.9 ISSUANCE OF TENDER DOCUMENTS By the Municipality of Clarington 1.10 DISTRIBUTION OF DOCUMENTS Bidders shall be responsible for the distribution of all documents and addenda thereto, to their Subcontractors. 1.11 ADDENDA All communications to the Bidders will be in the form of addenda. All addenda issued by the Purchasing Department, shall become an integral part of the Tender Documents and shall be included by the Bidders in the stipulated price. Bidders shall insert, in the space provided in the Form of Tender, the number and date of the last addenda received. If no addenda have been received, insert the word "None" in the space provided. Neither the Owner nor Consultant will be responsible for oral instructions. 1.12 SUB-CONTRACTOR QUALIFICATIONS , Reserved 1.13 TENDER DEPOSIT All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 5 Totat Tender Amouut Apt nimum Poll it Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. No interest shall be payable on such deposits. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. 1.14 AGREEMENT TO BOND Only Bonds issued by insurers licensed in Canada will be accepted as per the terms and conditions of the tender document. Each Tender shall be accompanied by a letter from a Surety Company, committing themselves to bond the Bidder to the Owner with: I - Performance Bond, 100% of the full amount of the stipulated price. Form of Bond shall be latest edition of CCDC Form (221). - Labour and Material Payment Bond, 100% of the full amount of the stipulated price. Form of Bond shall be latest edition of CCDC Form (222). - Cost of Performance Bond and Labour and Material Payment Bond shall be included in the stipulated price. 1.15 QUALIFICATIONS Tender must be submitted for the stipulated sum without escalation clauses or other qualifications. 1.16 SITE EXAMINATION The Bidders shall carefully examine the site and obtain a clear and comprehensive knowledge t MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 6 of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 1.17 SCHEDULE The project is to be 100% complete by: November 30, 1998 Power sweeping of roof to be completed between 4:30- 11: pm A proposed work schedule, must be submitted in the Form of Tender by the bidder to demonstrate compliance with this schedule. 1.18 DOCUMENT FEE ( Reserved) 1.19 FREEDOM OF INFORMATION All bids submitted to the Municipality become the property of the Municipality and as such, are subject to the "Freedom of Information and Protection of Privacy Act". 1.20 GOODS AND SERVICES TAX The bidder shall NOT include any amount in his bid price for the GST. The successful Contractor will indicate on each application for payment as a separate amount the appropriate GST the owner is legally obliged to pay. This amount will be paid to the Contractor in addition to the amount certified for payment under the Contract and will therefore not affect the Contract Price. General Contractor to ensure subtrade suppliers submit bids GST exempt. The tender amount shall include all other applicable taxes and duties. 1.21 CONSTRUCTION EQUIPMENT& DUST CONTROL- The Contractor shall take steps as may be required and acceptable by the Owner to prevent dust nuisance resulting from his operations. Protect all new materials and equipment from damage during the work of this Contract. Contractor to restore to the Municipality's approval damage to existing property caused by all construction activities. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 7 1.22 DECLARATION AS TO TENDER INFORMATION The bidder by his/her signature to this Tender duly certifies and declares that this Tender is made without any connection, knowledge, comparison of figures or arrangements with any other person or persons submitting a tender for the supply of labour, product and/or equipment for which this Tender is being called, and is in all respects fair without collusion or fraud; and does further declare that no member of Council of the Municipality of Clarington is, shall be, or will become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise, or in the performance of the supply for the project or equipment referred to herein, or in the supplies, work or business to which it relates or in any portion of the profits thereof, or of any supplies to be used therein, or in any of the monies to be derived therefrom. 1.23 CONTRACTOR'S OBLIGATIONS RESPECTING SAFETY Refer to the Municipality of Clarington Contractor Safety Policy and Procedures. The Contractor acknowledges that it has read and understood the Occupational Health and Safety Act, R.S.O. 1990, c.0.1 as amended. The Contractor covenants and agrees to observe strictly and faithfully the provisions of the said Occupational Health and Safety Act and all regulations and rules promulgated thereunder. The Contractor agrees to indemnify and save the Owner harmless for civil damages arising from any breach or breaches of the said Occupational Health and Safety Act. The Contractor acknowledges his responsibility for the enforcement of the said Occupational Health and Safety Act to ensure compliance therewith. The Contractor further acknowledges and agrees that any breach or breaches of the Occupational Health and Safety Act whether by the Contractor or any of its Subcontractors may result in the immediate termination of this Contract herein and the forfeiture of all sums owing to the Contractor by the Owner. The Contractor shall allow access to the work site on such personnel as may be from time to time designated by the Owner to inspect work sites to ensure compliance with the Occupational Health and Safety Act. The Contractor agrees that any civil damages that may be assessed against the Owner by reason of a breach or breaches of the Occupational Health and Safety Act by the Contractor or any of its Subcontractors will entitle the Owner to set off the civil damages to assessed against any monies that the Owner from time to time owe the Contractor under this Contract or under any other Contract whatsoever. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 8 1.24 WARRANTIES Within two weeks of Substantial Performance of the project, submit to the Consultant, three copies of: - Names, addresses and phone numbers of subcontractors and suppliers. - Warranties and bonds showing: a) Name and address of project. b) Warranty commencement data(date of Substantial Performance of the Contract). c) Duration of warranty. d) Clear indication of what is being warranted and what remedial action will be taken under warranty. e) Signature and seal of the Contractor. Neatly type lists and notes. Use clear drawings, diagrams or manufacturer's literature. 1.25 SUBMITTALS PRIOR TO SIGNING OF CONTRACT Submit the following documents in accordance with the General Conditions to the Consultant prior to signing of Contract. a) Performance Bond in the amount of 100% of the Contract price and to include payment of legal and Consultant's expenses incurred by the Owner as a result of Contractor's default. The Contractor shall pay the premium. b) Labour and Material Payment Bond in the amount of 100% of the Contract Price. c Certificate of compliance with Worker's Compensation. d) Evidence of Insurance as required in the General Conditions and Instructions to Bidders. Certificate of Liability Insurance that shall: 1. Be in joint names of the Contractor, the Municipality and the Consultant naming the Municipality and the Consultant as additionally insured. 2. Be comprehensive liability insurance covering all operations and liability assumed under the Contract with the Municipality. 3. Include automobile liability for Contractor's owned and non-owned vehicles. 4. Have a limit of not less than five million($2,000,000)dollars inclusive for any one occurrence. 5. Be endorsed to provide that the policy will not be altered, cancelled, or allowed to lapse without thirty (30) days prior written notice for the Corporation. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00100 INSTRUCTIONS TO BIDDERS Page 9 1.26 LIQUIDATED DAMAGES Reserved END OF SECTION MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00105 SCOPE OF WORK Page 1 1.1 SCOPE OF WORK This section of the Contract includes supply and installation and removals of all roofing work called for or implied by the drawings and specifications, together with all necessary incidentals whether referred to or not, as will be required to complete the work to the full intent and meaning of the drawings and specifications. 1.2 ROOFING The work includes but is not limited to the following: — Removal and replacement of the existing cap flashings. — Removal of existing gravel. — Supply and installation of new EPDM roofing. — Supply and installation of 1/2" fibreboard. — Supply and installation of scuppers and downspouts. — Supply and installation of precast concrete splash pad. — Supply and installation of new wood curbs under roof top equipment. — Restore roofing and site elements damaged during construction. END OF SECTION TENDER SE MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00200 FORM OF TENDER Page 1 DATE: I,s T .Z f TO: Lou Ann Birkett, C.P.P., A.M.C.T Purchasing Manager Office of the Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 RE: Hampton Operation Centre Partial Roofing Replacement TSH Project#22-13783-03 Batr's Roofing,Siding&Sheet Metal Gentlemen: 66 Metcalf St.,P.O.Box 20009 Newcastle;Ontario L181M3 I/WE, Ph:905-987-1445 Fax 905-987-3838 {Name of Comm!) (Address) Having carefully examined the: Instructions to Bidders The General Conditions of the Contract Canadian Standard Construction Document CCDC-2 1994 The Corporation Of The Municipality Of Clarington Standard Terms And Conditions. The Corporation Of The Municipality Of Clarington Contractors Safety Policy and Procedures Specifications and Drawings Project Site An" Addendum No. �dated ��� � insert number(s)of Addenda received and dates as prepared by Totten Sites Hubicki Associates(1997) Limited 1. I,the Undersigned,hereby offer to labour,tools,plant,services and materials including applicable taxes and duties in force at the time of submission required to complete the Work in accordance with the requirements of the Tender Documents for the Total Stipulated Price of [Excluding '-S"". 7-,hr--W / ,y OVF- Tzi aU 5,2 ,D AAOXF�d L6tfT 40 X 4, 9- -S and IXX1100 }y° N✓J1k ��J'l$ROOfi11Q, hQ�Sheet 1116t0� 66 Metcalf St.,R0.Box 21009 Newcastle;Ontario L181 M3 MUNICIPALITY OF CLARINGTON Ph:905-987-1445 Fax 9*987-3838 Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00200 FORM OF TENDER Page 2 Dollars ($ Q©.aA in lawful money of Canada if awarded a Contract on acceptance of this offer within sixty(60)days from the time set for the Tender submission. The above amount does include an amount for the Goods and Services Tax(GST). n� y ( '� 2. The Total Stipulated Price identified in Item 1 is composed of the following individual prices: A. Removals $ H. New Roofing $ I F1 70.0 C. Sheet Metal Work $ All L- A, . Balance of Work $ 0.0.0.t.00 Total Pre-GST Amount(A-D) S 2 / ?a0.—&V GST 7% $ ��+�• D'O GST Registration No., GST 8851 45 3. And also agree that the above Total Stipulated Price includes all cash allowances in the amount of $ Nil as required by the Documents. 4. And also agree that this Tender shall remain open for acceptance for the said time whether any other Tender has previously been accepted or not. 5. And also agree that in submitting this Tender, we recognize the Owner's right to accept any Tender or Tender Prices submitted or to reject all Tenders. 6. And also agree that the awarding of a Contract,'based on this Tender, shall constitute an acceptance of this Tender or such portion thereof as contained in the award of the Contract thereof is posted. 1 7. And also agree that we will execute the Contract, within Ten(10)working days after presentation of the contract for execution by the Owner or by anyone acting on behalf of the Owner. 8. s;Q=Ietion of the Work of this Contract And also agree that we will perform the work in accordance with the schedule as outlined in Article 1.16 of the Instructions to Bidders. This assumes notification of Contract awarded by November 6, 199$ And also agree that all construction activities will be limited to the hours of 7:00 am to 4:00 pin. . k ,. " Sft &Sheet metal 66 Metcalf St.,PO.Box 20009 Newcastle•,Ontario Ltf31M3 MUNICIPALITY OF CLARINGTON Ph:905-987-1445 Fax 905-987-3838 Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00200 FORM OF TENDER Page 3 Monday to Friday And also agree that the Total Stipulated Price includes all costs including applicable charges and benefits for overtime work required to perform the work within the schedule time limitations. 9. Contractors Fees The Bidder shall charge the following fees for additions to or deductions from the work: a) On his own work 10 % Overhead plus 5 % Profit b) On subcontractor's work 10 % for Overhead and Profit The Contractor also agrees to bind his subcontractors to the maximum specified in(a) above. 10.0 Unit Prices We agree that the following unit prices shall form the basis for adjustment for additions to and deletions from the work shown on the drawings, when requested by the Consultant The prices stated shall be for material in place and include all charges for labour,materials and applicable taxes, and all overhead and profit. Nature of Work Additions To Deletions From 1. Additional Roof restoration As per contract(sqm) 114 Work Optional We agree that the following-prices shall form the basis for adjustments to the Stipulated Price as requested by the Owner. The prices stated shall be for the supply of all materials, labour and applicable taxes and include overhead and j r� ofit to complete the works. Nature of Work Additions to Contract 1.0 Replace existing sheet metal fleshings with new to match existing. '07,6-6©• &n r N MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00200 FORM OF TENDER Page 4 Signature Seal Signature Telephone Numbers of Name of Compan3%reS Roofing,Siding&Sheet Metal LTA Signing Officers 66 Metcalf St.,P.O.Box 20009 C JG7, 30 ,' f F 99 Newcastle:45 Fio L1B 173 ph�9n�-987-14 F0905-987-3838 Date Address Bares Roofing,Oft&Sheet Metal fib Metcalf SL,P.O.Box 20009 Newcastle;Ontario L181 M3 CONTRACTOR SAFETY Ph:9*987-1445 Fax 905.987-3838 POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy.and safe working environment,contractors,constructors and subcontractors must have knowledge of and operate in compliance with the Occupational-Health and Safety Act and any other legislation pertaining to employee health and.gafely. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workers'Compensation(WCB)information noted below,where applicable. • The New Experimental Experience Rating (NEER) - The WCB experience rating system for non-construction rate groups ............................................................................................. • The Council Amended Draft #7 (CAD-7) Rating - The WCB experience rating system for construction rate groups ............................................................................................. • Injury frequency performance for the last two years - This may be available from the contractor's trade association ...................... 7.7 C r.!1 L.. ... ...................................... • Has the contractor received any Ministry of Labour warnings or orders in the last two years? (if the answer is yes, please include the infraction). O • Confirmation of Independent Operator Status -The WCB independent operator number assigned: (Bidders to include the letter confirming this status and number from WCB with their bid submission.) Bares Roofing,Siding&Sheet Metal ro Metcalf St.,P6 Box 20009 Newcastle,ontaft L181 M3 CONTRACTOR SAFETY Ph:go5-987-1445 Fax 905-987-3838 POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, i/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and-site specific policies and procedures and other applicable legislation or regulations. I/we will work safety with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, Its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non- compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. Ban's Roofing,Siding &Sheet Metal 66 Metcalf SL,P.O.Box 20009 CONTRACTOR SAFETY Newcastle,Ontario L181M3 Ph:905-987-1445 Fax 905-987-8838 POLICY AND PROCEDURE Continued... 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, _ a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safety or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. Barr's Roofing,Siding&Sheet Metal 66 Metcalf St.,P.O.Box 20009 Newcastle,Ontario L181 M3 Ph:905-987-1445 Fax 905-987.3838 ................................. ........... ............................................................................................ Contractor Name of Person Signing for Contractor 4 ...... . .. .. .... .......... ......./.... . ........................................... � Signature of Contractor Date MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00300 GENERAL CONDITIONS Page 1 1.1 GENERAL The Agreement, Definitions and General Conditions of the Stipulated Price Contract shall be the Canadian Standard Construction Document CCDC-2, Stipulated Price Contract and as augmented within the Instructions to Bidders Supplementary General Conditions and by the Municipality of Clarington Standard Terms and Conditions. The Municipality's Terms and Conditions take precedent over all other conditions. END OF SECTION THE CORPORATION OF THE MUNICIPALITY OF CLARIN GT ON STANDARD TERMS AND CONDMONS 1. DEFINITIONS Municipality -The Corporation of the Municipality of Clarington,its successors and assigns. Bidder- The person,firm or corporation submitting a bid to the Municipality. Company -The person,contractor,firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. Subcontractor-A person,firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials,products, articles, fixtures, services, supplies, and acts required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling,receiving, and opening of bids. The Municipality will be responsible for evaluatingbids,awarding and administering the contract in accordance with the Purchasing By-law. id must be submitted on the forms and in the envelope supplied b the Municipality unless The b ( ) P PP Y P tY otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible,written in ink,or typewritten. Any form of erasure,strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned,unopened. Should a dispute arise from the terms and conditions of any part of the contract,regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. THE CORPORATION OF THE MUNICIPALTTY OF CLARINGTON STANDARD TERMS AND CONDITIONS 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's'stan dard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase 1 order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated,the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment,shall accompany each delivery thereof. Receiving by a foreperson,storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby,or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. F CLARINGTON THE CORPORATION O THE MUNICIPALITY OF STANDARD TERMS AND CONDITIONS 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated,F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work-will be entertained and-any additional work must be.authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work,including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance,and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada,it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax,duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where-required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder,including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality,except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work,pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice,contract requirements being completed and work being deemed satisfactory. r r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS r9. PATENTS AND COPYRIGHTS The company shall, at its expense,defend all claims,actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses,including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense,replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. r12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. ' 14. LAWS AND REGULATIONS The company shall comply with relevant Federal,Provincial and Municipal statutes,regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 15. CORRECTION OF DEFECTS t If at any time prior to one year after the actual delivery date or completion of the work(or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof,or all items of the bids and to award contracts to one or more.bidders submitting identical bids as to price;to accept or reject any bids in whole or in part;to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy;or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company:fails to comply with any request,instruction or order of the Municipality;or fails to pay its accounts;or fails to comply with or persistently disregard statutes,regulations, by-laws or directives of relevant authorities relating to.the work; or fails to prosecute the work with skill and diligence;or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent;or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract,then,in any such case,the Municipality may,upon expiration of ten days from the date of written notice to the company, terminate the contract. C. Any termination of the contract by the Municipality,as aforesaid,shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract,it is entitled to: i) take possession of all work in progress,materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment),and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; TIE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 1 iii) recover from the company loss,damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise speed herein, quantities are shown as approximate, are not guaranteed to be accurate,are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request,unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense,upon request,provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall,if the Municipality in its absolute discretion so desires,be required to satisfy surety requirements by providing a deposit in the form of a certified cheque,bank draft or money order or other form of surety,in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. THE CORPORATION OF THE MUNICIPALM OF CLARI.NGTON STANDARD TERMS AND CONDITIONS , Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKERS' COMPENSATION All of the Company's personnel must be covered by Workers'Compensation. Upon request by the Municipality,an original Letter of Good Standing from the Workers' Compensation Board shall be provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional named insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend,fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract,save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend,fully indemnify and save harmless the group from any and all charges, fines,penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 26. SAFETY The Company shall obey all Federal,Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws,which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing,the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or -arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets(MSDS)to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments,claims, demands,charges or other encumbrances. 28. SUSPENSION OF WORK ' The Municipality may,without invalidating the contract,suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The completion resumption and of work after the suspension shall be governed by the schedule P P established by the Municipality. 29. CHANGES IN THE WORK The Municipality may,without invalidating the contract,direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices,by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupationar Health and Safety'Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the rP oject; • every employer and every worker performing work on the rp oject complies with the Occupational Health and Safety Act and the Regulations (under the Act); and • the health and safety of workers on the ra oject 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 - an individual or firm engaged b the Municipality to do work on Y Y P �Y 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. CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... iConstruction - 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. Constructor - means a person who undertakes a project for an owner 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. PROCEDURE: 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 S 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 4 4 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. CONTRACTOR SAFETY POLICY AND PROCEDURE EDURE Continued... 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. 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 persons) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work K any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using , Contractor Health and Safety Warning/Stop Work Order From (Schedule CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... k) Where applicable, the Municipality will retain the rig ht to allow municipal employees to refuse to work in accordance with the established policy and ithe Occupational Health and Safety Act, in any unsafe conditions. I) 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. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00800 SUPPLEMENTARY CONDITIONS Page 1 1.0 GENERAL Supplements to General Conditions: - All articles contained with these Supplementary Conditions shall be read in conjunction with the General Conditions of CCDC2-1994 Stipulated Price Contract. - The Supplementary Conditions govern over the General Conditions of CCDC2-1994. 2.0 SUEPUMENTARY CONDITIONS GC 1.1 Contract Documents - Add to the end of GC 1.1.10 the following sentence: "For the purposes of this Contract, sufficient copies of Contract Documents shall be defined as 12 copies of the Contract Documents, excluding executed copies of the Contract Documents". GC 1.4 Assignment - Add new sentence to the end of GC 1.4.1: "The Owner's consent to permit assignment of all or part of this Contract shall not relieve the Contractor of the obligations and responsibilities for proper commencement, execution and completion of the Work according to the terms of the Contract". GC 3.11 Shop Drawings - Add the following new paragraph: "3.11.7 Where the Consultant's shop drawing review stamp is affixed to any one page, drawing or sheet in a submission for a produce or process, it shall be deemed to apply to all pages, drawings or sheets in the submission for the Product or process. GC 3.12 Use of the Work Add the following new paragraph: "3.12.3 The Owner shall have the right to continue to use and occupy the building and site in accordance with other provisions of the Contract Documents. Such use and occupation shall not be considered acceptance of the Work, unless so stated in writing, nor shall such use and occupation in any way relieve the Contractor from his responsibility to complete the Contract. Such use shall not be considered an act or omissions by the Owner causing delay in GC 6.5 Delays, and the Contractor is responsible for co-ordinating the Work to suit such use and occupancy, as may be further required in the Contract Documents". ' MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00800 SUPPLEMENTARY CONDITIONS Page 2 r 2.0 SUPPLEMENTARY CONDITIONS (Cont'd) Part 3 - Execution of Work: - Add new: "GC 3.15 Time is of the Essence 3.15.1 Time shall be of the essence in the performance of the Work". GC 5.3 Progress Payment - Revise terms of GC 5.3.2 from "5 days" to "30 days". - Delete GC 5.5.3 and re-number 5.5.4 as 5.5.3. - Add new GC "5.6.3 The Consultant, in his sole discretion may refuse to certify completion of the work of any or all Subcontractors or Suppliers, without offering reason. The Contractor shall obtain the Consultant's permission before submitting any claim for such certification. The Contractor shall indemnify, hold harmless and defend the Consultant and the owner against any and all claims arising from such certification or lack of such certification". - Revise terms of GC 5.7.4 from "5 days" to "30 days". GC 5.8 Withholding of Payment - Add new paragraph: "5.8.2 The Contractor and his surety or he, his executors, administrators, successors and assigns, and any and all other parties in any way concerned, shall fully relieve and indemnify the Owner and all its officers, agents, servants and employees from any and all liability of expenses by way of legal costs or otherwise in respect to any claim which may be made for lien or charge at law or in equity or to any claim or liability under the Construction Lien Act, 1983, as amended, or to any attempted attachment for debt, garnishee process or otherwise. The Owner shall not in any case be liable to any greater extent that the amount then owing by the owner to the Contractor, his executors, administrators, successors and assigns, pursuant to this Contract. MUNICIPALITY OF CLARINGTON , Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 00800 SUPPLEMENTARY CONDITIONS Page 3 2.0 SUPPLEMENTARY CONDITIONS (Cont'd) In the event that any claim for lien shall be registered or given to the Owner pursuant to the provisions of the Construction Lien Act, 1983, all payments to be made under this Contract shall be suspended until such liens have been discharged or vacated". GC 7.2 Contractor's Right to Stop the Work or Terminate Contract Add the following new paragraph 7.2.6: "Paragraph 7.2.3.3 shall not apply to the proper withholding of payments because of the Contractor's failure to pay all just claims promptly nor because of the registration or notice of liens against the Owner's property, until such claims and liens are discharged. GC 11.1 Insurance 1 General Liability Insurance - Delete line: "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." GC 12.3 Warranty - Add the following to the end of paragraph 12.3.3: "The applicable warranty period for items repaired during the period referred to in paragraph 12.3.1 shall commence from the date of acceptance of the corrected work by the Consultant". i - Add the following new paragraph: "12.3.7 During the month prior to the end of the ■ one year warranty period in paragraph 12.3.1, the Owner and the Contractor shall, at the Owner's request, conduct a review of the project to list outstanding defects and deficiencies to be corrected by the Contractor at no cost to the Owner. The Consultant reserves the right to attend at this review". END OF SECTION i MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 iSection 01000 GENERAL REQUIREMENTS Page 1 INDEX 1. General 2. Summary of Work 3. Specification Format 4. Additional Documents Required 5. Work Schedule 6. Contractor's Use of the Site 7. Work by Others 8. Project Meetings 9. Project Co-ordination 10. Setting of Work 11. Codes and Standards 12. Shop Drawing, Product Data and other Submittals 13. Progress Draw Cost Breakdowns 14. Testing Laboratory Services 15. Temporary Facilities 15.1 Power and Water Supply 15.2 Overloading 15.3 Falsework 15.4 Scaffolding 15.5 Safety Helmets 15.6 Removal of Temporary Facilities 15.7 Guard Rails and Barricades 16. Protection for Off-Site and Public Property 17. Security 18. Fastenings 19. Delivery and Storage 20. Cleaning 20.1 Cleaning During Construction 21. Fire Protection 22. Hazardous Material 23. Construction Safety 24. Construction Equipment/Noise Control 25. Standard of Materials and Equipment 26. Permits r MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 2 1. GENERAL General Requirements are to be read into and form part of each Section of the Specifications. 2. SUMMARY OF WORK Work Covered by Contract Documents , The General Contract includes all design labour, equipment and materials to complete the entire project called for or implied by the drawings and specifications together with all necessary incidentals. 3. SPECIFICATION FORMAT Specifications are not intended as a detailed description of installation methods but serve to indicate particular requirement to insure the performance of the completed work. Material shown or specified on Drawings or in Specifications, unless otherwise specified, shall conform to standards designated in Ontario Building Code. Similarly, unless otherwise specified, installation methods and standards of workmanship shall also conform to standards required by Ontario Building Code. Where no particular material is specified for a certain use, the Contractor shall select from the choice offered in Ontario Building Code in each case. Parts of specification are written in short form, therefore it is understood that where a component of Work is stated in heading followed by a material or operation, "shall be", "shall consist of" or similar words or phrases are implied which denote complete supply and installation of such material or operations for component of work designated by heading. Work in the Specifications has been divided into Sections which are not intended to designate contractual limits between subcontractors nor between the Contractor and his subcontractors. The Contractor shall organize the division of labour and supply of materials to complete the project in all its parts 4. ADDITIONAL DOCUMENTS REQUIRED Maintain at place of the work, one copy each of following, i - Additional written instructions that change this work and supplement the contract. - Field test reports. - Copy of approved work schedule. - Manufacturers' installation and application instructions. ' ' MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 1 Section 01000 GENERAL REQUIREMENTS Page 3 - Shop drawings/Design Drawings. 5. WORK SCHEDULE In accordance with schedule stated in the Tender Form and in form acceptable to Consultant, provide within 10 working days after Contract award, schedule showing dates for: - Submission of shop drawings, material lists and samples. Delivery schedules of major installations. - Commencement and completion of work of each Section of Specification. Final completion date within the time period required by Contract documents. Interim reviews of work progress based on work schedule will be conducted as decided by Consultant, and schedule updated by Contractor in conjunction with and to approval of Owner. Schedule prepared by Contractor shall show all tasks, manpower resource requirements, start dates and end dates. 6. CONTRACTOR'S USE OF THE SITE The Contractor will have use of the site for the execution of the work. Work hours may be restricted by the owner. 7. WORK BY OTHERS (RESERVED) 8. PROJECT MEETINGS 8.1 Progress Mead= During the course of the Work, one progress meeting will be scheduled at the beginning of the project and one at the end. Contractor, major Subcontractors involved in the Work and the Owner are to be in attendance. The Consultant will record minutes of meeting and circulate to attending and affected parties not in attendance. NGT N ' MUNICIPALITY OF CLARI O Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 4 PROJECT CO-ORDINATION 9.1 General The Contractor is responsible for overall project co-ordination including progress schedules, submittals, use of site, temporary utilities, construction facilities, co-ordination of all other work by subcontractors. , Contractor is responsible for timely notification to Testing and Inspection Authorities. Co-ordinate connection to all public utilities. Co-ordinate all work in each area and work on which subsequent work depends to prevent conflict between parts of the work. 10. SETTING OUT OF WORK The General Contractor shall assume full responsibility for and execute complete layout of work to locations, lines and elevations indicated including survey of all existing above and below grade services. Provide devices needed to lay out and construct work. Supply such devices as straight edges and templates required to facilitate Consultant's inspection of work. 11. CODES AND STANDARDS , Perform work in accordance with the Ontario Building Code O.R. 400/91, latest edition, herein referred to as the "code" or "Code" and any other code of provincial or local application provided that in any case of conflict or discrepancy, the more stringent requirements shall apply. Conform to the requirements of the Occupational Health and Safety Act and Regulations for Construction Projects include all measures for roof fall restraint. Meet or exceed requirements of contract documents, specified standards, codes and referenced , documents. L N T MUNICIPALI TY OF C ARI G ON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 1 Section 01000 GENERAL REQUIREMENTS Page 5 12. SHOP DRAWINGS. PRODUCT DATA AND OTHER SUBMITTALS Reserved 13. PROGRESS DRAW COST BREAKDOWNS Prior to submission of first Progress Draw, the Contractor shall submit to the Consultant a detailed cost breakdown summary for the Consultant's approval. ' 14. TESTING LABORATORY SERVICES Reserved 15. TEMPORARY FACILITIES 15.1 Power and Water Sully The Contractor may use what ever power and water is available on site. 15.2 Overloading Ensure no part of Work is subjected to a load which will endanger its safety or will cause permanent deformation. 15.3 Falsework Design and construct falsework in accordance with CSA S269.1-1975 and Ministry of Labour regulations. 15.4 Scaffolding Reserved 15.5 Safety Helmets Provide sufficient safety helmets for Owner's representatives and any authorized visitor to the site. 15.6 Removal of Temporary Facilities ' Reserved MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 6 15.7 Guard Rails and Barricades Provide all guard rails, barricades, fall restraint measures and other devices to satisfy the requirements of authorities. 16. PROTECTION FOR OFF-SITE AND PUBLIC PROPERTY Protect surrounding private and public property from damage during performance of the work. Be responsible for correcting damage incurred. ' 17. SECURITY Contractor is responsible for maintaining site secure during construction. a 18. FASTENINGS , Provide permanent fastenings, anchors and accessories and adhesives required for performance of the work. Exposed metal fastenings and accessories of same texture colour and finish as base metal i p g n which they occur. Prevent electrolytic action between dissimilar metals. Use noncorrosive fastenings, anchors and spacers for securement of exterior work or forming , part of concealed work which may be subject to corrosion. Fastenings, anchors, accessories and adhesive of appropriate type and of sufficient quantity and in such a manner as to provide positive permanent anchorage of the unit to be anchored in position. Install anchors at spacing within limits of load bearing and shear capacity to accommodate applied loads so that the secured unit cannot work loose, fall, or shift out of position. Keep exposed fastenings to a minimum, evenly spaced and neatly laid out. Supply adequate instructions and templates and, if necessary, supervise installation where fastenings or accessories are required to be built into work of other trades. ' Organic plugs are not permitted. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 7 Use fastenings of standard commercial sizes and patterns with material and finish suitable for service. Use heavy hexagon heads, semi-finished unless otherwise specified. Use No. 304 stainless steel for exterior areas. ' Bolts may not project more than one diameter beyond nuts. Use plain type washers on equipment, sheet metal and soft gasket lock type washers where ' vibrations occur, and resilient washers with stainless steel. Fastening which causes spalling or cracking of material to which anchorage is made are not acceptable. 19. DELIVERY AND STORAGE ' Deliver, store and maintain packaged material and equipment with manufacturer's seals and labels intact. Immediately remove packaged materials with broken seals from site. Prevent damage, adulteration, and soiling of material and equipment during delivery, handling, and storage. Immediately remove rejected material and equipment from site. Store material and equipment in accordance with suppliers instructions. When material or equipment is specified by standard or performance specifications, upon request of Consultant, obtain from manufacturer an independent testing laboratory report, stating that material or equipment meets or exceeds specified requirements. 20. CLEANING 20.1 Cleaning During Construction On a daily basis maintain construction site, free from debris and waste material. Maintain project site, and public properties free from accumulations of waste material and rubbish. ' Provide on-site containers for collecting of waste materials, and rubbish. Remove waste materials, and rubbish from site and dispose of, at legal dumping areas. ' Pay all dumping charges. Sorting and recycling of waste materials is encouraged. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 8 Remove debris and surplus materials from area. 21. FIRE PROTECTION The Contractor shall provide temporary fire protection throughout the period of construction. Particular attention shall be paid to the elimination of fire hazards. 22. HAZARDOUS MATERIALS Hazardous materials shall not be introduced for experimental or any other use prior to being ' evaluated by the Consultant. Make known any hazardous materials to be used and method of application before using. Be , responsible for storage and proper safety requirements. Comply with Health and Safety Act, Workman Compensation Act and Gasoline Handling Act. ' 23. CONSTRUCTION SAFETY Refer to Municipality of Clarington's Contractor's safety policy. 24. CONSTRUCTION EQUIPMENT/NOISE CONTROL , The Contractor shall take steps as may be required to prevent dust and noise nuisance resulting from his operations. Protect all existing materials and equipment from damage arising from the work of this Contract, and make good any damage. Keep gates and doors locked for public safety except when workmen or materials are being moved. Protect all new materials and equipment from damage during the work of this Contract. 25. STANDARD OF MATERIALS AND EQUIPMENT Materials and equipment are specifically described and named in these specifications for the purpose of establishing a standard of materials and workmanship which shall be adhered to under this Contract. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 01000 GENERAL REQUIREMENTS Page 9 Should the bidder propose a substitution of materials or equipment, he shall submit for consideration a separate list of proposed substitutions and consequent changes to his tender price. A bidder shall submit, detailed specification, installation drawings and literature to completely describe the proposed design. This submission shall be made to the Consultant prior to tender close. The Consultant reserves the right to reject substitutes offered for items specified. ' 26. PERMITS ' Reserved ' END OF SECTION r MUNICIPALITY O F C L ARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 1 PART 1- GENERAL 1.1 GENERAL All conditions of the contract apply to the work of this Section. 1.2 SCOPE OF WORK This Section of the contract includes supply and installation of all EPDM roofing called for or , implied by the drawings and specifications, together with all necessary incidentals whether referred to or not, as will be required to complete the work to the full intent and meaning of the drawings and specifications. The work includes but is not limited to the following: , - Membrane roofing, flashing - Flexible flashings , - Caulking - Rigid insulation 1.3 RELATED WORK , - Metal Flashing and Trim Section 07620 1.4 REFERENCE STANDARDS Canadian Roofing Contractor's Association (CRCA) Metric Specification Manual, except as , specified herein. Underwriters' Laboratories of Canada (ULC) "List of Equipment and Materials Volume II Building Construction" including supplements to date. 1.5 WARRANTY Warrant that membrane roofing and flashings will stay in place and remain leakproof in accordance with General Conditions, but for ten years. Warranty shall be on standard form of guarantee. 1.6 INSPECTION , The manufacturer of the roofing membrane system shall be in attendance full time for the first applications of the system to ensure that all installation procedures are being followed. The MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 ' Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 2 manufacturer shall conduct a final inspection and issue a report to the Consultant. 1.7 SUBMITTALS ' Submit for review manufacturer's product data for the systems, materials, and details of installation proposed for use. Such literature shall identify systems, each component, and shall ' certify compliance of each component with applicable ASTM, and ULC Standards. Include: ' - Location and type of all penetrations, whether shown on drawings or not Sheet layout and sizes Perimeter details Insulation board (fibreboard) - Roofing membrane ' _ Flexible reinforced flashing Roof fasteners 1.8 COLD WEATHER CONSTRUCTION ' Submit cold weather construction procedures and methods of protection in writing which will ' be initiated, provided and maintained when ambient temperature falls below 0° C, to ensure proper application of the work, per the requirements of this Section. 1.9 DELIVERY Deliver materials to the site, properly protected, with manufacturers' seals and labels intact. Carefully unload and place in temporary storage in a manner to prevent damage thereto. 1.10 STORAGE Store materials at the site within temporary sheds or trailers; such facilities must be well sealed and kept heated between at least 15°C to 27 C. If exposed to lower temperature, restore materials to 15°C temperature before using. Do not store more than one day's supply of materials on the roof at any time. On roof, stack materials on pallets, and completely cover with incombustible waterproof tarpaulin whenever work is interrupted, or when there is precipitation of any kind. Securely tie covering to the pallets in such way as to be weathertight. Do not exceed design load limitations of the roof deck or structure. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 3 All materials, except membrane must be stored in a dry area and protected from water and direct sunlight. Damaged material shall be replaced at roofing Contractor's expense. 1.11 QUALITY ASSURANCE Contractor Qualifications: Execute work of this Section only by a Contractor who has adequate plant, equipment and skilled tradesmen to perform it expeditiously, and is known to have been , responsible for satisfactory installations similar to that specified during a period of at least the immediate past five years. Submit certificate from membrane supplier stating that the roofing Contractor is an "Authorized Roofing Applicator" of the supplier's roofing system. Ensure that the roofing Contractor's suppliers and subcontractors have the same qualifications. , Welding of membrane laps shall be performed only by skilled welders who have successfully ' completed a course of instruction provided by the membrane manufacturer. 1.12 SITE CONDITIONS Environmental Requirements: Do not apply any part of the roofing system over damp or wet ' materials, nor during a period of damp weather, rain, snow, or otherwise inclement conditions. , PART 2 -PRODUCTS 2.1 MATERIALS Materials obtained from one source. Use only compatible materials in roofing system. Incorporate no asphaltic materials. Roof Membrane: shall be 1.2 mm thick (.060") with width and length to suit job conditions. (Ethylene,Propylene, and Diene Monomer)compounded elastomeric which meets ASTM D3253 and C.G.S.B. 37-GP-52M and have a uniform surface and meet the following physical properties: Membrane Composition ASTM D297 ' Heat Aging Tensile Resistance ASTM D412 ASTM D573 ' MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 ' Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 4 ' Tear Resistance ASTM D624 Ozone Resistance ASTM D 1149 Brittleness Temperature ASTM D746 ' Water Vapour Transmission ASTM E96 2.1 MATERIALS (Cont'd) Membrane shall have polyester reinforcing. ' Conformance of all the roofing details shown must be maintained for acceptance of the manufacturer. ' Manufacturers of EPDM for this project are as noted: Carlisle Syntec Systems Canada, Goodyear Co. Ltd., Lexcan or approved equal. Roof Insulation Board: furnish the following types of roof insulation board in thicknesses and assembled with systems as shown and specified: - Celotex high density fibreboard roof insulation as approved by the roof membrane manufacturer. Wood Slee emirs: Pressure treated wood sleepers to meet C-50 or CCA-Wolmanized CAN CSA 080.1-M89. The following items shall be supplied by the roofing membrane manufacturer for a complete ' membrane roof: a) Flashing: EPDM flexible flashing. ' b) Adhesive: bonding adhesive. c) Splicing cement. d) Splice cleaner and HP splice wipes. e) Lap Cement: Trowel or gun consistency. f) Water cut-off mastic. g) Molded pipe flashing. ' h) Nite seal and flat tubing. i) Pourable sealer. j) Rubber fastening strips. k) Lap primer. 1) Fasteners for concrete and metal upstand. m) All other materials required for the installation of the complete roofing system. n) Vapour barrier. MUNICIPALITY OF CLARINGTON ' Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 , SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 5 2.1 MATERIALS (Cont'd) Sheet Metal Materials: Commercial quality to ASTM A526-71 with G90 designation zinc coating, core thickness as required. Prepainted Flashings: 0.61 nun minimum core thickness, commercial quality to ASTM A526-75, with Z275 zinc coating designation, prepainted with Stelcolour 5000 series paint , system, in colour to match existing. Supplied by Section 07620. Mechanical Vent and Pine Flashings: "Sure-Seal" EPDM pipe flashings as manufactured by ' Carlisle Syntec, alternatively, aluminum stack vent fleshings as manufactured by Marathon Equipment Ltd., Lexsuco Canada Ltd., Thaler Metal Industries Ltd., or approved equal. PART 3 - EXECUTION 3.1 WORKMANSHIP Prior to start of roof application, roof area shall be inspected. Notify the Consultant, in writing, of unacceptable conditions. Start of work indicates acceptance of conditions. Apply insulation and roofing over clean and dry surfaces. Insulation to be mechanically fastened r to roof deck. EPDM membrane to be loose laid over insulation. Before application of roofing membrane, ensure slope to drains are maintained, constructed smoothly; in true planes. Ensure items projecting through roof are solidly set, are in place and sealed. Roof drains set at , proper levels and are connected. Reject unsuitable or damaged materials and immediately remove from site. Before proceeding with roofing application, ensure that: - Roof deck is constructed smoothly, in true planes, and level, or sloped to drains, whichever is design intent. - Roof deck is clean and sufficiently dry for application under specified warranty. - Adjacent construction and installation of other work incorporated with roof is completed. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 6 ' 3.1 WORKMANSHIP(Cont'd) ' - Roofing surfaces are free of cracks that are wider than bridging ability of roofing materials. Cracks greater than 6 nun to be sealed. - Preparations have been made for bases on which equipment will be installed. - Work that penetrates roof has been installed. Defective roofing work resulting from application to unsatisfactory previously completed work will be considered the responsibility of those performing the work of this Section. 3.2 PREPARATION Power sweep existing roofing completely free of dust, dirt and debris. ' Ensure that stored porous materials absorb no moisture. Remove wet material from the site of the project. Protect the membrane from punctures by sharp materials on both their top and bottom side. Permit workers wearing only clean soft soled shoes to walk on membrane. No asphalt products to be in contact with membrane. Protect insulation from sunlight at all times while in storage. 3.3 ROOF INSULATION Install roof insulation over vapour barrier and roof deck. Butt boards tightly together stagger end joints. Cut and fit to protrusions and obstructions. ' Cut and fit insulation neatly around roof penetrations and abutting surfaces. Maintain protection of insulation from sunlight if topping is not placed within 24 hours and maintain protection as long as required. Mechanically fasten boards using appropriate fasteners per board as recommended by ' manufacturer. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 , SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 7 3.4 MEMBRANE PLACEMENT AND BONDING Install membrane in strict accordance to membrane manufacturer's specifications. ' Install membrane in such a manner that it can be temporarily sealed on a down slope surface at the end of each work day and in as long lengths as possible to minimize number of end joints. Unroll the membrane and position over the insulation and allow to relax. Flatten out and adjust for approximately 1h hour prior to stretching out wrinkles, splicing or securing membrane. Do not stretch membrane during installation. Unroll and position the first sheet straight and parallel with the edge of the roof, ensuring to allow sufficient membrane material for upturn and closures. Position second sheet in same manner as above and overlap a minimum of 150 mm. , Fold one-half of membrane sheet back so underside of sheet is exposed. Using a paint roller, apply Lexcan Bonding Adhesive evenly without globs or puddles to the underside of the membrane and the substrate (insulation) where the membrane is to be positioned. Avoid applying the bonding adhesive to seam area of membrane. Allow the adhesive to dry until it is tacky but does not string to a dry finger touch. Roll coated membrane into adhesive on substrate, avoiding wrinkles. Brush down bonded half of sheet with a push broom to achieve maximum contact. Fold back unbonded half of sheet and repeat the bonding procedure. Apply remaining ' membrane sheets in a similar manner. Splicing Membrane Sheets (Lexseam Method) , Fold top sheet of splice area back and clean seam area with SC-1 Seam Cleaner. Apply Lexcan splice adhesive to both mating surfaces with a paint brush using straight painting strokes (not a , circular motion). Allow adhesive to dry until it is tacky but does not stick to a dry finger touch. Apply Standard Seam Tape to folded edge of membrane, overlapping the edge 5 mm- 8 mm. Roll back of tape heavily with a steel roller. Remove paper backing and allow upper membrane to fall into place, without stretching. Roll seam with steel hand roller. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 8 3.4 MEMBRANE PLACEMENT AND BONDING(Cont'd) Apply 30 cm square patch of Lexflash flashing with Lexcan splice adhesive centred over seam joints at all "T junctions", horizontal/vertical transitions or crossing expansion joints. Roll ' flashing heavily with a hand roller. Apply lap sealant to all membrane and flashing edges and feather. ' Perimeter Termination Roof Edge Termination: Extend membrane over roof edge 8 cm and nail into edge blocking with 25 mm diameter round top roofing nails on 30 cm centres. Apply roof edge system, gutter or gravel stop in accordance with the manufacturer's directions. ' Counterflash metal flange with overlay tape or Lexflash flashing as per standard Lexcan roof edge details. ParapetAVall Terminations: E.P.D.M. membrane is to be fully bonded to all vertical walls and parapet with Lexcan bonding adhesive. Unless approved detail shows otherwise, membrane must either terminate in a reglet, be fastened according to paragraphs below, or be carried overtop of wall or parapet and counterflashed with sheet metal or a stone cap. If terminating membrane part way up a wall or parapet, apply termination sealer tape or 50 mm wide bead of water cut-off mastic to backside of membrane edge. Press membrane against wall and roll with a steel hand roller. Using appropriate fasteners, fasten Lexbar termination bar along upper edge of Lexbar and overtop of all fastener heads. ' Flash all corners, vent pipes, posts, curbs and preformed flashings in strict accordance with current Lexcan installation instructions and details. Flashing edges are to be caulked with Lexcan lap sealant. Drains are to be sealed with water cut-off mastic or termination sealer tape ' as per Lexcan details. 3.5 FIELD QUALITY CONTROL Upon finalization of each joint, check watertightness as recommended by membrane manufacturer. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07530 , SINGLE PLY ELASTOMERIC MEMBRANE ROOFING Page 9 Inspect complete membrane and flashing for punctures, tears, and discontinuous seams. Apply ' additional layer of membrane over punctures and tears, extend 300 mm beyond damaged area in all directions and bond over 100% of patch. If seam is discontinued reseal properly. 3.5 FIELD QUALITY CONTROL(Cont'd) Arrange for periodic inspections of the roofing installation by a representative of the membrane , manufacturer to ensure that all work has been performed in compliance with specified requirements. Costs for such inspections to be included within the tendered price. ' Notify Consultant at least seventy-two hours before roofmg operations commence and arrange ' for a job site meeting to be held the day before the roofing starts with the following present. The Consultant; Contractor's superintendent and a principal of the roofmg subcontractor's firm. ' GIVE TWO WORKING DAYS prior notice to the roofing inspection company of the commencement of each phase of Work. 3.6 SEPARATE PRICE Provide a separate price for the installation of the small lower roof area as indicated on the , drawings. 3.7 CLEAN UP , Contractor shall clean up all roofmg debris at the end of each day and remove from site. END OF SECTION ' MUNICIPALIT Y OF CLARIN G TON ' Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07620 METAL FLASHING AND TRIM Page 1 PART 1 - GENERAL ' 1.1 GENERAL All conditions of the contract apply to the work of this Section. ' 1.2 SCOPE OF WORK ' This Section of the contract includes all metal flashing and trim called for or implied by the drawings and specifications, together with all necessary incidentals whether referred to or not, as will be required to complete the work to the full intent and meaning of the drawings and specifications. The work includes but is not limited to the following: - Removal and reinstallation of existing roof metal flashing Break forming and installation of prepainted metal perimeter coping flashings New metal flashings and trim at roof - New scuppers and downspouts PART 2 - PRODUCTS ' .1 T A 2 SHEET METAL MATERIALS Sheet Steel: 26 gauge minimum thickness, commercial quality to ASTM A526-71[1975] with G90 designation zinc coating. 2.2 PREPAINTED SHEET STEEL Prepainted Sheet Steel: Provide 26 gauge minimum core thickness, commercial quality to ASTM A526-75, with Z275 zinc coating designation, prepainted with Stelcolour 5000 series paint system, in colour to match existing. 2.3 ACCESSORIES ' Isolation Coating: To CGBS 1-GP-108C. MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 ' Section 07620 METAL FLASHING AND TRIM Page 2 Plastic Cement: To CGBS 37-GP-5M. ' Underlay for Metal Flashing: No. 15 perforated asphalt felt to CSA A123.3-M1979. Sealants: Colour selected by Consultant. ' Cleats: Of same material, and temper as sheet metal, minimum 2" wide. Thickness same as sheet ' metal being secured. Fasteners: Of same material as sheet metal, to CSA 13111-1974, of type, length and size suitable for ' particular conditions. Touch-U12 Paint: As recommended by metal flashing and trim manufacturer. 2.4 FABRICATION Fabricate metal flashings and other sheet metal work in accordance with applicable CRCA 'FL' ' series specifications and as shown on drawings. Form pieces in 8'-0" maximum lengths. Make allowances for expansion at joints. ' Hem exposed edges on underside 1/2", miter and seal corners with sealant. ' Form sections square, true and accurate to size, free from distortion and other defects detrimental to appearance or performance. PART 3 - EXECUTION 3.1 INSTALLATION Remove the existing roof cap metal flashing. Care must be taken not to damage the existing building structure, and cap flashing. Reinstall after roofing flashing is complete. Install sheet metal work in accordance with CRCA specifications as detailed. ' Use concealed fastenings except where approved before installation ' Provide underlay under sheet metal to CRCA FL series details. Secure in place and lap joints 4". r ' MUNICIPALITY OF CLARINGTON Tender No. CL98-20 TSH PROJECT NO. 22-13783-03 Section 07620 METAL FLASHING AND TRIM Page 3 ' Counterflash bituminous flashings at intersections of roof with vertical surfaces and curbs. Flash joints using S-lock forming tight fit over hook strips. Lock end joints and caulk with sealant. 3.2 APPLICATION Install downpipes and provide goosenecks back to wall. Secure downpipes to wall with straps and 1,800 mm o.c.; minimum two straps per downpipe. Install splash pads at end of downpipe spilling out on to grade. ' END OF SECTION 1 i 1 r r r `r MUNICIPALITY OF _ �Q'riington ONTARIO October 29, 1998 Barr's Roofing 66 Metcalf Street, Box 20009 Newcastle, Ontario VIA: TELEPHONE AND L1 B 1 M3 FAX 905-987-3838 ATTENTION: DAVE Dear Sir: RE: ADDENDUM #1, CL98-20 HAMTON OPERATIONS CENTRE, PARTIAL ROOF REPLACEMENT with respect to the above noted tender, please find the following additional information for pricing and clarification: 1.0 General 1.1 Form of Tender,add tiie following on Page #4, Section 00200, item # 11.0, Optional work: �I -2.0 supply and install new roofing over the Battery Room roof as identified on drawing Al" S 2 ] co-z)) 1.2 instruction to Bidders, item 1.17 G' S° CURRENTLY READS: "Power sweeping to the roof to be Completed between 4:30 p.m. - 11:00 p.m. AMEND TO READ: "Power sweeping of the roof to be Completed between 7:00 a.m.- 4:00 p.M. All tender submissions must be in accordance with this addendum. Yours truly, Barr's Roofing,Siding&Sheet Metal ` 66 Metcalf St.,P.O.Box 20009 Newcastle,Ontario 1_181M3 LOU Ann Birkett,C.P.P., A.M.C.T. Ph:905-987-1445 Fax 905-987-3838 G' Purchasing Manager LAB*im on:98tenaermaw CORPORATION OF THE MUNICIPALITY OF CLARiNGTON 4}TEMPE MANCS STREET• tOWMANYILLE-ONTARIO•L1C?A6.(905)623.2279•FAX 923-4140 ■aercao...t- Tn rn FaT�P?QGnR rm YF4 NO wyvio g0 f`!flW vv 9�:eo nn ee-e-no A.05 Barr's Roofing,Siding&Sheet Metal 07530 Design A 66 Metcalt St.,P.O.Box 20009 LEXCAN Fully Adhered Newcastle,Ontario L181M3 E.P.D.M. Roofing System Ph:905-987-1445 Fax 905-987-3838 - -Gc �'`»� �.�°. _ System Data The Versatile Single-Ply Roofing System Std.E.P.D.M.Membrane SYSTEM DESCRIPTION I Root Edge System The standard Design A system features the Lexcan E.P.D.M. Bonding Adhesive �I synthetic rubber waterproofing membrane bonded with a ;, insulation special adhesive directly to a substrate or ntechanicalh Fastene, 1:t,tCned insulation. Memhrane shorts ;ur ,uh,cquentl\ I .canted tOL cthMr usinz the unique Lr.V,r;,tn"' inctht,(l. :: ultrri0r c and tape 00uthinaUun ��itl l r. rc;urr th;u, the nlcnthlcu,c hull spk.�I:il Il rnlun�.. i ., •.,1iir, c0ltthtrtr the 1001i11, application enuirnt_ tiit;il nirniiu;;nr _ nttrruy I1unt the 1001 c•d_c t0 tlu• draut.. A With the Design A ruin,there t,m>need im-ballast-, th ���I�I�UIUIIIIt= `t E.P.D.M. membrane is normally left fully exposed. l�ll!11f111���11� USES l } The adhesive adhered system is the most versatile of the DESIGN A: General Detail Lexcan roofing systems. Able to be used on any sloped surface,it is ideal for barrel,saw-tooth or irregularly shaped roofs where direction changes and corners prevail. It also e Variety of Applications - The Design A roof is offers a considerable advantage for roofs with limited load particularly suitable for irregularly shaped ed roofs, highly bearing capacity since the insulation, adhesive and mein- visible roots or lightweight roof decks. brane usually weighs less than 5 kg/ml(1 lb/sq. ft.). • Flexibility - Lexcan E.P.D.M. remains flexible even in The Design A system offers two other advantages for roofs temperatures as low as-60°C. Structural expansion or exposed to public view. First,the E.P.D.M. membrane contraction that would crack or tear other roofing conforms exceptionally well to the surface,presenting at neat, materials does not affect E.P.D.M. flat appearance. Second,the membrane may be ordered in pl ' • Attractive Finish - In the: Design A system, the white or grey,or alternatively coated with a hypalon based E.P.D.M. membrane may be coloured with a longlasting colour coating that can be blended to any desired colour. protective coating to match any colour scheme. This permits the roofing system to play a key role in the overall appearance of a building. • Proven Durability - For close to 25 years and on over 5,000 installations,Lexcan E.P.D.M. roofing systems The Design A system may also be used in thermal upgrades have been successfully protecting buildings across or re-roofing applications.In this type of application,the Canada. membrane is normally adhered to a recovery board or new layer of insulation installed over top of the old roof. • The Backing o 'Lexcan - Canada's premier supplier of single-ply roofing systems. No other company can FEATURES match Lexcan's breadth and background of experience • Superior Weatherability - Lexcan E.P.D.M. and success in Canadian roofing. outperforms traditional built-up,modified bitumen and TECHNICAL DATA thermoplastic membranes in terms of long-term weath- erability. Highly resistant to ozone or ultra-violet deterio- Physical Properties ration,a properly installed Lexcan E.P.D.M. roof stay Refer to the appropriate Lexcan membrane or accessory well outlast the building it is installed on! Product Data bulletin for information on physical properties. nFia� I CVn A AI r2P gIm1(M F,*4 WAVR)�Q(rPrrn no n(31 RWR Q l�lf ROOFING SHEET METAL SIDING Box 20009, 66 Metcalf Street, Newcastle Ontario, LIB 1M3 BARB'S TEL: 905-987-1445 FAX: 905-987-3838 CB 7- An o F1/�/ OWorkers' Commission 200 Front Street West Experience Telephone: CAD-7 Calculations Compensation des accidents Toronto ON M5V 311 Rating Section (416) 344-3456 Board du trav*rr'S Roofing,Siding&Sheet Metal 4 rd. -3463 66 Metcalf St.,P.O.Box 20009 1-800-668-4864 Newcastle,Ontario LIB 1M3 Firm Name Ph:905-987-14 Fax Account No. Firm No. Date NANCY R BARR & DAVID G BARR 5849640 240314JE 040CT97 Firm's I iury Cost Data for CAD-7 Rates Total WCBO Total Expected Total Actual Firm Cost Index Year Assessment Injury Costs($) Injury Costs($) Premiums($) 91 8 , 493 92 7 , 998 93 9 , 104 94 10 , 473 95 14 , 501 4 , 159 . 57 88 . 45 96 14 , 693 4 , 650 . 67 0 . 00 4 88 . 45 0 Total 8 , 810 . 24 10 . 2 . 9 90 Average 4 , 405 . 12 ? i Firm's Iniury Freciuencv Data for CAD-7 Rates Average WCBO Avg. Rate Expected Actual Firm Year Rate Assessed Assess. Derived g Frequency Payroll($) Frequency Injuries Injuries Hr. Wage Personhours Index 95 728 74 , 270 15. 09 4 , 922 17 . 13 0 . 084 0 751 92, 838 15. 96 5 817 17 . 09 0 . 09S 0 764 1 18 , 568 15 . 56 1 , 193 18 . 91 0 . 02 0 >> }} : Total " 11 . 932 0 20 0 96 728 76 , 131 14 . 03 5 , 426 15 . 70 0 . 08 0 751 95.. 164 15 . 91 5 . 981 13 . 67 0 . 082 0 >: 764 19 , 033 15 . 52 1, 226 16 . 59 0 . 02 Q 0 >x XXX 12 , 633 0 18 0 Total ..:.::....: 2 Year _ 24 , 565 0 . 39 0 1 . 000 T excluding Health Care injuries Rating Factor Firm Performance Index Firm Experience Rating Assessment($) 0 .180 0 . 995 788 . 96 REBATE LEXCAN 199/ Barr's its.;t.i P.O. Box 2000; 66 Metcalfe Street New Castle, Ontario LIB 1M3 ATTENTION: Mr. Dave Barr Dear Sir: This is to advise that LEXCAN INDUSTRIAL SUPPLY LIMWED has accepte-ca Barr's Roofing as an approved applicator of the LEXCAN E.P.D.M. SINGLE- PLY ROOFING SYSTEMS. Should Y require uire an additional information, please do not hesitate to Y � contact the undersigned. Yours truly, LEXCAN INDUSTRIAL SUPPLY LIMITED 0, . Brian O'Hearc- Technical Representative BOPI:dv I' General Accident BID BOND BOND NO: 83-8122-98-05 AMOUNT: $2,000.00 KNOW ALL MEN BY THESE PRESENTS THAT Barr's Roofing, Siding & Sheet Metal Ltd. as Principal, hereinafter called the Principal, and THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA, a corporation created and existing under the laws of Canada, and whose principal office for Canada is located in the Municipality of Metropolitan Toronto, Ontario, and duly authorized to transact the business of Suretyship in all provinces and territories in Canada as Surely, hereinafter called the Surety, are held and firmly bound unto The Municipality of Clarington as obligee, hereinafter called the Obligee, in the amount of Two Thousand Dollars ------------------------------xx/100 Dollars, ($2,000.00) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a written tender to the Obligee, dated October 30, 1998, for Hampton Operation Centre- Partial Roof Replacement-TSH Project No. 22-13783-03 - Tender No. CL98-20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall have the tender accepted within sixty (60)days from the closing date of tender and the said Principal will, within the time required, enter into a formal contract and give the specified security to secure the performance of the terms and conditions of the Contract, then this obligation shall be null and void; otherwise the Principal and the Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former. THE PRINCIPAL and the Surety shall not be liable for a greater sum than the specified penalty of this Bond. ANY SUIT under this Bond must be instituted before the expiration of six months from the date of this Bond. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond this 26th day of October, 1998 Barr's Roofing, Siding & Sheet etal Ltd. B ........ . _...�.:�.:.(Seal) THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA By............ ... ... Z Z4.... :... .........(Seal) Lydia M. Vanin, Attorney-In-Fact Endorsed by: The Royal Architectural institute of Canada The Association of Consulting Engineers of Canada Canadian Construction Association The Canadian Council of Professional Engineers Construction specifications Canada Approved by: Surety Association of Canada G2986 G n-zsea A "General Accident AGREEMENT TO BOND AND CONSENT OF SURETY BOND NO.: 83-8122-98-05 NAME OF OWNER: The Municipality of Clarington DESCRIPTION OF PROJECT: Hampton Operation Centre - Partial Roof Replacement - TSH Project No. 22-13783-03 - Tender No. CL98-20 We, the undersigned, hereby agree to become bound as surety for Barr's Roofing, Siding & Sheet Metal Ltd., as Principal, in a Performance Bond in the sum of 100% of the contract amount, and a Labour and Material Payment Bond in the sum of 100% of the contract amount, on approved bond forms, and conforming to the Instruments of Contract for the full and due performance of the works shown and described herein, if the tender attached hereto be accepted and a written contract entered into. It is a condition of this Agreement and Consent that application for said Bond (or Bonds) must be made to the Surety within ( 60 ) days from the closing of tender related thereto, otherwise this Agreement and Consent shall be null and void. Signed, sealed and dated this 26th day of October, 1998 . THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA By............. z/ c u.. ...........(Seal) - Lydia . Vanin, Attorney-In-Fact G2789 GA 2958 BIN STORAGE & ROOF ACCESS LOCATION rZ� 251-0't --- .._ INCLUDE IN SEPARATE PRICE FOR FLASHING REMOVE EXIST. CAP FLASHING. INSTALL ' OF THESE VERTICAL SURFACES. EPNM FLASHING OVER GRAVEL STOP & REPLACE CAP FLASHING. GENERAL NOTES -GENERAL CONTRACTOR MUST VISIT THE SITE PRIOR ; : EXISTING VENT PIPE TO BE FLASHED N ABLISH EXACT AREAS OF WORK TO BE DONE, AND ITEMS TO BE MATCHED, . . � -REMOVE ALL GRAVEL OFF ROOF AND DISPOSE OFF SITE :. ' -REMOVE ALL CONCRETE REPAIR ON ROOF -REMOVE ALL PERIMETER CAP FLASHINGS -RETAIN EXISTING PERIMETER GRAVEL STOP o -MECHANICALLY FASTEN 112" HIGH DENSITY UPPER ROOF ' FIBREBOARD THROUGHOUT N -FULLY ADHERE 60 MIL E.P.D.M. • •• • -REINSTALL EXISTING CAP FLASHING TO MATCH EXISTING PIPE TO REMAIN IN PLACE EXISTING INSTALLATIONS LOWER ROOF' -BATTERY ROOM . . EXISTING ROOF TOP UNIT ON CURBS RAISE UNIT TO' INSTALL,NEW' ROOFING - AS REQUIRED:PgOVIDE NEW WOOD' CURBS & SIT ON EXTRA LAYER OF EPDM PROVIDE SEPARATE PRICE FOR ROOFING THIS LOWER ROOF AREA IN THE SAME WAY AS FOR THE UPPER ROOF • ' POWER SWEEP EXISTING GRAVEL TO REMOVE IT. ' MECHANICALLY FASTEN 1/2" FIBREBOARD TO DECK ° AND APPLY FULLY ADHERED 60 MIL. EPDM. n EX L PROVIDE SCUPPER. & DOWNSPOUT CUT ;;, DRAININ(TYP)OF EXIST. CAP FLASHING & DEPRESS PARAPET APPROX. 2". INSTALL NEW PREFIN. MET. SCUPPER LINED WITH ADHERED EPDM UPPER ROOF , SERVICE BAY INSTALL PRECAST CONC. PAVER AT BOTTOM OF DOWNSPOUT. ~ it .. . . • . . .. . . . . .'. ... . . III LOW ROOF . . . . . . . . • • . . PROVIDE OVERFLOW SCUPPER. CUT EXIST. . . . . . . CAP FLASHING & DEPRESS PARAPET APPROX. 2". INSTALL NEW PREFIN. MET. SCUPPER LINED WITH ADHERED EPDM a o U a � ALL OTHER ROOF AREAS HAVE I RECENTLY BEEN RE-ROOFED WITH Un ° A BALLASTED EPDM ROOF SYSTEM. N THE PARAPET ROOF FLASHING DETAIL N . PROVIDE WARNING SIGNS AT ALL EXITS TYP � P USED HERE CAN BE MATCHED FOR ( ) m THIS PROJECT. 86'-0"t o o a 0 0.5 1 2 3 4 5 6 7 8 9m UPPER ROOF PARKING AREA a � 0 1 2 3 45 10 15 20 25 30' DESIGNED: T.K. DATE: JULY 9/98 J a tOttGll SIrY1S hUbICkI aSSOCIateS MUNICIPALITY OF CLARINGTON PROJECT:]]-13193-03 ' f DRAWN: R.0'D. HAMPTON OPERATIONS CENTRE 0 _ CHECKED: T.K. DRAWING: APPROVED: 0 o ENGINEERS AFiCHITEGTB ANO PLANNERS O d 0 09/,0/90 T.K. ISSUED FOR TENDER SEE BARSCAI.E ROOF PLAN Al Z U Na. DATE BV REVISIONS