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HomeMy WebLinkAbout98-22THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 98- 22 Being a By -law to authorize a contract between the Corporation of the Municipality of Clarington and Gerr Construction Limited, Bowmanville, Ontario, for the construction of the Animal Control Shelter. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Gerr Construction Limited and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By -law. By -law read a first and second time this 26 day of January, 1998. By -law read a third time and finally passed this 26 day of January, 1998. :onstruction ?g" Stand d document CCDC Stipulated price contract Project Canadian construction documents committee 1982 The Canadian Construction Documents Committee is a joint committee composed of representatives appointed by: The Association of Consulting Engineers of Canada The Canadian Construction Association The Canadian Council of Professional Engineers Construction Specifications Canada The Royal Architectural Institute of Canada Committee policy and procedures are directed and ap- proved by the constituent associations. This document has been endorsed by each of the above organizations. Enquiries should be directed to: The Secretary, Canadian Construction Documents Committee, 85 Albert Street, Ottawa, Ontario, Canada K1 P 6A4. CCDC Copyright 1982 Must not be copied in whole or in part without the written permission of the CCDC. Standard Construction Document — CCDC 2 —1982 CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR DEFINITIONS GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT General Documents Additional Instructions Consultant Delays Owner's Right to Perform Work or Stop the Work or Terminate Contract Contractor's Right to Stop the Work or Terminate Contract Disputes Assignment Other Contractors Subcontractors Changes Changes in the Work Valuation and Certification of Changes in the Work Payment Applications for Payment Certificates and Payments Governing Regulations Taxes and Duties Laws, Notices, Permits and Fees Patent Fees Workers' Compensation Insurance Insurance, Protection and Damages Indemnification Insurance Protection of Work and Property Damages and Mutual Responsibility Performance Protection Bonds Warranty Execution of the Work Contractor's Responsibilities and Control of the Work Superintendence Labour and Products Subsurface Conditions Use of the Work Cleanup and Final Cleaning of the Work Cutting and Remedial Work Inspection of the Work Rejected Work Shop Drawings Allowances Cash Allowances Contingency Allowance GC NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CCDC 2 - 82 CCDC 3 - 86 CCDC 4 - 82 CCDC 9A - 82 CCDC 9B - 82 CCDC 9C - 82 Canadian construction documents committee - Comito canadien des documents de construction 85, rue Albert Street, Ottawa, Canada KIP 6A4 Telephone (613) 236 -9455 Fax, Telecopieur (613) 236 -9526 CCDC Canadian standard construction documents Documents normalises de construction -C CDC Stipulated Price Contract Marche a forfait Cost Plus Contract Marche a coit plus Unit Price Contract Marche 8 prix unitaire Statutory Declaration (To be made by the Contractor when applying for release of holdback, security deposit or both upon Substantial /Total Performance.) Declaration statutaire (A etre executee par l'Entrepreneur et devant accompagner sa demande de liberer la retenue, le depot de securite ou les deux, lors de l'achevement substantiel ou du parachevement.) Statutory Declaration (To be made by the Contractor /Subcontractor to accompany the second and subsequent progress claims.) Declaration statutaire (A etre executee par l'Entrepreneur ou le Sous - traitant et devant accompagner sa seconde demande de paiement et toute telle demande subsequente.) Statutory Declaration To be made by the Subcontractor when applying for release of holdback or security deposit or both upon Substantial /Total Performance.) Declaration statutaire (A etre executee par le Sous - traitant et devant accompagner se demande de liberer la retenue, le depot de securite ou les deux, lors de 1'achevement substantiel ou du parachevement.) CCDC 10 - 82 *CCDC 20 - 80 CCDC 21 - 82 *CCDC 22 - 79 *CCDC 23 - 82 *CCDC 24 - 88 CCDC 101 - 78 CCDC 201 - 78 CCDC 301 - 78 CCDC 220 - 79 CCDC 221 - 79 CCDC 222 - 79 Stipulated Price Bid Form Formule de soumission a forfait A Guide to Supplementary Conditions A Guide to Construction Insurance Guide des assurances de construction A Guide to Construction Surety Bonds A.Guide to Calling Bids and Awarding Contracts A Guide to Administrative Support Documents Contractor's General Liability Policy Police d'assurance - responsabilite civile generale des entrepreneurs All Risks Property Policy Police d'assurance - tout risque sur les biens Boiler and Machinery Policy Police d'assurance - bris des machines (chaudieres) Bid Bond Cautionnement de soumission Performance Bond Cautionnement concernant l'execution d'un marche Labour and Material Payment Bond Cautionnement de paiement de la main - d'oeuvre et des materiaux *Published in English only. *Anglais seulement. ADDENDUM Canadian construction documents committee CCDC DOCUMENT 21 - A GUIDE TO CONSTRUCTION INSURANCE In the Standard Contracts GC 20.1(a), specifying General Liability Insurance CCDC Form 101, allows the Contractor to maintain such coverage either in the form of a specific policy purchased for a pro- ject or under an annual policy covering all operations, including Completed Operations Liability coverage. Because the 1982 edition of the CCDC Documents extends the obligation to maintain Completed Operations coverage to twenty -four (24) months and for a further period of four (4) years, users of the documents should be aware that specific policies are not generally available with a Completed Operations coverage duration beyond twenty -four (24) months. The obligation to main- tain uninterrupted coverage can thus be satisfied by four (4) successive annual policies issued by the insurer then writing Completed Operations Liability coverage for the Contractor. Failure of the Contractor to provide the Completed Operations coverage during the six year period after the date of Total Performance of the Work would put him in breach of contract. June 1982 Canadian construction documents committee 1982 EDITION OF THE STIPULATED PRICE CONTRACT - CCDC 2 Major revisions incorporated into the 1982 edition of Document 2 are found in GC 14 CERTIFICATES AND PAYMENTS, paragraphs GC 14.12, GC 14.13, and GC 14.14; GC 19 INDEMNIFICATION, and GC 20 INSURANCE, paragraph GC 20.1(a). These revisions deal with: (1) changes to the wording of the Waiver Clause; (2) the limitation of liability for consequential damages, and (3) the extension of insurance coverage regarding completed operations. This edition of the Stipulated Price Contract combines, in one version, the four previous versions: Architects; Engineers; Common Law, and Civil Code. This has been achieved by combining Architects (CCDC 12) and Engineers (CCDC 2) into one version, using the word "Consultant" to designate the Architect or Engineer, and by identifying separately the Common Law and Civil Code requirements of the one clause that is different — GC 14.12(c). In the Committee's continuing effort to keep the wording of the standard documents dear and con- sistent, minor editorial changes have been made. These editorial changes do not change the intent of the document. June 1982 1 1 1 1 1 1 THOMAS E. BROWN ARCHITECT INC. 1 1 CLARINGTON ANIMAL 1 CONTROL 1 ' CLARINGTON, ONTARIO 1 SPECIFICATION OF WORK AND MATERIALS FOR: CLARINGTON ANIMAL CONTROL 33 LAKE ROAD AT LIBERTY STREET BOWMANVILLE, ONTARIO CLOSING DATE: Wednesday, November 19, 1997 TIME: 2:00 P.M. Local Time THOMAS E. BROWN ARCHITECT INC. 394 King Street East Toronto, Ontario M5A 1K9 Tel. (416) 364 -5710 Fax (416) 364 -4662 JOHN STEPHENSON CONSULTANTS LTD. (Structural) 1 Whitehorse Road Downsview, Ontario M3J 3G8 Tel. (416) 635 -9970 Fax (416) 635 -9985 OMEGA ENGINEERING GROUP LTD. (Mechanical) 369 Willowdale Avenue North York, Ontario M2N 5A6 Tel. (416) 226 -1683 Fax (416) 226 -4829 MISTRY ENGINEERING 27 Lucifer Drive Willowdale, Ontario M2J 4E8 Tel. (416) 494 -2583 Fax (416) 491 -3848 (Electrical) 1 INDEX Division No. of Pages TENDERING REQUIREMENTS 1 Tender Form 7 The Corporation of the Municipality of Clarington 1 Standard Terms and Conditions 12 1 Instructions to Tenderers 7 Supplementary General Conditions 2 1 DIVISION ONE - GENERAL REQUIREMENTS Section 1A General Instructions 4 t 1B General Work 6 1 1 1 1 1 1 1 9607 Page 1 of 1 TENDER (LUMP SUM PRICE) CLOSING DATE: Wednesday, November 19, 1997 TIME: 2:00 P.M. Local Time LOCATION FOR TENDER DELIVERY: Office of The Clerk The Corporation of The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 FOR: Clarington Animal Control CONTRACT NO. CL 97 -28 PROJECT LOCATION: 33 Lake Road at Liberty Street Bowmanville, Ontario TENDER FORM PAGE 1 OF 7 1 Clarington Animal Control 33 Lake Road at Liberty Street Bowmanville, Ontario CL 97 -28 1 This Tender is submitted by: (Firm Name) 1 (Address) 1 (Telephone) To: The Corporation of The Municipality of Clarington I/We 1 of 1 DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose proper officers and the seal or seals is or are attached below has any interest in this Tender or in the Contract proposed to be taken. FURTHER DECLARE that this Tender is made without any connection, knowledge, comparison or figures, or arrangement with any other company, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. FURTHER DECLARE that the several matters stated in the said Tender are in all respects true. FURTHER DECLARE that no member of the Municipal Council, or any official of the Corporation of The Municipality of Clarington is or will become interested directly or indirectly as a contracting party or otherwise in or in the performance of the contract, or in the supplies, work or business to which it relates or in any portion of the profits thereof, or of any such supplies to be used therein or any of the monies to be derived therefrom. TENDER FORM PAGE 2 OF 7 1 FURTHER DECLARE that the locality and site of the proposed works have been carefully examined as well as all the contract documents relating thereto, prepared, submitted, and rendered available by the Corporation of the Municipality of Clarington and hereby acknowledge the same to the part and parcel of any Contract to be let for the work therein and described or defined and to provide all of the labour and to provide, furnish, deliver, place, and erect all materials mentioned and described or implied therein including in every case freight, duty, exchange and all applicable taxes in effect on the date of acceptance of the Tender and all other charges on the terms and conditions and under the provisions therein set forth. I/We of agree to supply all necessary labour, material, plant, equipment and services for the complete execution of the work, including all trades as specified herein including Addenda No. in accordance with the requirements of the Contract Documents for the stipulated sum of Dollars $ G.S.T. in the amount of $ is included in this Tender amount. If notified of the acceptance of this proposal within ninety (90) days of the time set for the opening of Tenders, the undersigned agrees to execute a contract for the above work, for the above - stated compensation in the form of the CCDC2, 1982 (Stipulated Sum). 1/We, agree that if we withdraw this Tender after closing and before the Council of the said Municipality shall have considered the Tenders and awarded the Contract in respect thereof, during the time that this Tender is open to acceptance as set out above in this Tender Form the amount of the deposit accompanying this Tender shall be forfeited to the Municipality. The undersigned will, if awarded a contract, employ subject to the Architect's approval, the Sub - Contractors listed herewith. Attached is a list naming the Sub - Contractors for each section contained in the specifications. The undersigned, if notified of the acceptance of this Tender, will complete the Work within weeks of the date of the award of the Contract in writing. TENDER FORM PAGE 3 OF 7 I/We, agree that the awarding of the Contract based on this Tender by the Council for the said Municipality shall be an acceptance of this Tender. If this Tender is accepted I/We agree to furnish the required Contract Bonds in amounts equal to 100% of the Contract, Insurance Certificates and Worker's Compensation Board letter and properly sign 3 copies of the Contract Documents within ten (10) working days after being notified so to do. In the event of default or failure on our part so to do, I/We agree that the Corporation of The Municipality of Clarington shall be at liberty to retain the money deposited by Me /Us to the use of the Municipality and to accept the next lowest or any Tender or to advertise for new Tenders, or to carry out the works in any other way they deem best and I/We also agree to pay to the said Municipality the difference between this Tender and any greater sum which the Municipality may expend or incur by reasons of such default or failure, or by reasons of such acting, as aforesaid, on their part, including the cost of any advertisement for new Tenders; and to indemnify and save harmless the said Municipality and their Officers from all loss, damage, cost, charges, and expense which they may suffer or be put to by reason of any such default or failure on My /Our part. I/WE PROPOSE A Company which is willing to become bound with Me /Us in the amount designated for due performance and fulfilment of the Contract for which this is the Tender. An agreement to a 100% Performance and Maintenance Bond and a 100% Labour and Material Bond is enclosed. A Bid Bond or Certified Cheque payable to The Corporation of The Municipality of Clarington is enclosed. Dated at this day of 1997. SIGNATURE OF WITNESS SIGNATURE AND SEAL OF TENDERER TENDER FORM PAGE 4 OF 7 TENDER FORM - APPENDIX 'A' TO BE COMPLETED AND SUBMITTED AT TIME OF TENDERING SEPARATE PRICES The following items are to be quoted separately and may, at the discretion of the Owner, be accepted and the appropriate change in the Tender Amount will be made at that time. Separate Price Number One Provide a separate price to replace existing oil fir d heating units H -1 & H -2 that are serving Ground Floor, Second Floor and Adminis ration areas with natural gas fired heating units. Remove existing fuel oil supply piping, suspended oil tank and outdoor above - ground tank. Extend natural gas piping 1 1/4 inch diameter from capped connection that is left under the base - contract, and connect with new heating units. Existing supply and return ducts shall remain and be re -used. Heating units shall be equal to 'Lennox' as follows: H -1: Floor Mount, G24M -3, 120/98 MBH c/w remote T -stat. H -2: Horizontal Mount, G24M -3, 120/98 MBH c/w remote T -stat and vibration isolation hangers. Total Amount $ Extra /Credit Separate Price Number Two Provide for the above noted heating furnaces, add on cooling systems consisting of duct cooling coil and rooftop condensing unit. Cooling capacity shall be 3 tons for H -1 and 2.5 tons for H -2. Provide a complete refrigeration piping system. Thermostat shall be heat/cool c/w sub -base. Total Amount $ Extra /Credit TENDER FORM PAGE 5 OF 7 1 ' TENDER FORM - APPENDIX'S' TO BE COMPLETED AND SUBMITTED AT TIME OF TENDERING LIST OF SUB - CONTRACTORS The following list of Sub - Contractors whom the Contractor proposes to retain for this project and whose quotations have been used in completing the form of Tender must be completed by the General Contractor. No deviation from this list will be permitted during the performance of Contract without written permission from the Architect. Demolition Excavating & Backfilling Concrete Miscellaneous Metals Masonry Millwork ' Drywall Insulated Metal Siding Caulking H. M. Doors & Frames Aluminum Doors & Windows Painting 1 Epoxy Flooring Mechanical: Plumber $ HVAC $ Electrical $ TENDER FORM PAGE6OF7 1 TENDER FORM - APPENDIX 'C' CONTRACTOR'S EXPERIENCE RECORD The Contractor is required to supply the following information concerning work done over the last five year period that is similar to the type of work to be done under this contract: PROJECT DATE VALUE REFERENCE TEL. No. TENDER FORM PAGE 7 OF 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS INDEX 1. Definitions 2. Submission of Bid 3. Contract 4. Clarification of the Document 5. Proof of Ability 6. Delivery 7. Pricing 8. Terms of Payment 9. Patents and Copyrights 10. Alternates 11. Equivalency 12. Assignment and Subcontracting 13. Financing Information Required Of The Company 14. Laws and Regulations 15. Correction of Defects 16. Bid Acceptance 17. Default by Company 18. Contract Cancellation 19. Quantities 20. Samples 21. Surety 22. Workers' Compensation 23. Insurance 24. Liability 25. Visiting the Site 26. Safety 27. Unpaid Accounts 28. Suspension of Work 29. Changes in the Work 30. Conflict of Interest STANDARD TERMS AND CONDITIONS PAGE 1 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By -law #94 -129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By -law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. STANDARD TERMS AND CONDITIONS PAGE 2 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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. 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. STANDARD TERMS AND CONDITIONS PAGE 3 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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. 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. STANDARD TERMS AND CONDITIONS PAGE 4 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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. STANDARD TERMS AND CONDITIONS PAGE 5 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non - infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfil the Municipality's obligations under the Contract. STANDARD TERMS AND CONDITIONS PAGE 6 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by -laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified 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 wo► k both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. STANDARD TERMS AND CONDITIONS PAGE 7 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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; 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). STANDARD TERMS AND CONDITIONS PAGE 8 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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 specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 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. STANDARD TERMS AND CONDITIONS PAGE 9 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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. 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. STANDARD TERMS AND CONDITIONS PAGE 10 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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 aefend, 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. 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. STANDARD TERMS AND CONDITIONS PAGE 11 OF 12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 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. STANDARD TERMS AND CONDITIONS PAGE 12 OF 12 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS TO TENDERERS INDEX 1. Instructions 2. Site Location 3. Delivery of Tender 4. Tender Opening 5. Tender Deposit 6. Document Fee 7. Tender 8. Form of Contract 9. Owner's Standard Fcrms 10. Bonds 11. Worker's Compensation Board 12. Addenda 13. Contract Documents and Examination of Site 14. Qualifications 15. Tender Amount 16. Unit Prices 17. Commencement and Completion 18. Construction Schedule 19. Sales Tax & G.S.T. 20. Inquiries During Tender INSTRUCTIONS TO TENDERERS PAGE 1 OF 7 INSTRUCTIONS TO TENDERERS 1 Instructions Failure to comply with any of the requirements of these Instructions to Tenderers may cause a Tender to be declared improper and therefore be rejected. By Tendering the Tenderer agrees to the conditions herein. Late bids will not be accepted, but returned unopened to the respective Bidder. Bids not signed are subject to rejection. Bids must be typed or in ink. Erasures or noticeable changes must be initialled by the Bidder. Bidders must not include restrictive or conditional statements to alter the format or intent of the Tender. 2. Site Location Site address is 33 Lake Road at Liberty Street, Bowmanville, Ontario. 3. Delivery of Tender Tenders, executed and signed under seal and clearly marked as to contents, will be received by The Office of The Clerk, The Corporation of The Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, until 2:00 P.M. local time Wednesday, November 19, 1997 for the renovation of the former Works Depot to accommodate the Clarington Animal Control. 4. Tender Opening All Tenders will be opened and read at a public meeting in Meeting Room No. 1 at the Municipal Administration Centre, Municipality of Clarington, immediately following the close of Tenders. 5. Tender Deposit All tender submissions shall be accompanied by a Bid Deposit in the form of a certified cheque, bank draft, money order or cash, payable to the Municipality of Clarington, in the amount specified in the table below. INSTRUCTIONS TO TENDERERS PAGE 2 OF 7 5. Tender Deposit (Cont'd) TOTAL AMOUNT OF BID ($ ) 20,000.00 or Tess 20,000.01 to 50,000.00 50, 000.01 to 100, 000.00 100,000.01 to 250,000.00 250,000.01 to 500,000.00 500,000.01 to 1,000,000.00 1,000,000.01 to 2,000,000.00 2,000,000.01 and over MINIMUM DEPOSIT REQUIRED ( $ ) 1,000.00 2,000.00 5,000.00 10, 000.00 25, 000.00 50,000.00 100,000.00 200,000.00 All Tender Deposits will be returned to the respective Bidders within ten (10) working days after the Tenders have been opened except those of the two (2) low Bidders, which shall be retained by the Municipality of Clarington until the successful Bidder has executed a Contract.. If the successful Tenderer withdraws the Tender within ninety days after the date for which Tenders are called, his Tender Deposit may, at the option of the Owner, be retained and used by the Owner. If the Tender is accepted and the Tenderer fails to execute a formal Contract within ten working days after notice is given by the Owner, his Tender Deposit may, at the option of the Owner, be retained and used by the Owner. Retention and use of the Tender Deposit as herein provided shall be deemed to be not a penalty, but a consideration to the Owner for inviting and considering the Tender and as part payment of liquidated damages and costs which shall be deemed to be the difference between the Tenderer's and the amount of the next lowest Tender acceptable to the Owner. 6. Document Fee Tender Documents may be obtained from the Municipality of Clarington for a non- refundable fee of $25.00 for each set. 7 Tender Tenders must be submitted on the forms provided and in the envelope provided. A second set of the Tender Form (Pages 1 to 7) is provided. Bidders shall complete and return one set of forms. Complete all blank spaces on the Tender Form and attachments. Errors, incomplete Tenders or an unbalanced bid, may render the Tender invalid. INSTRUCTIONS TO TENDERERS PAGE 3 OF 7 7 Tender (cont'd) Tenders must be irrevocable and valid for acceptance by the Municipality of Clarington for a period of ninety days from the closing date for Tenders. Lowest or any Tender not necessarily accepted. Tenders shall be signed by an authorized officer of the Corporation under the Tenderer's corporate seal if the Tenderer is a corporation, or by an authorized person under seal if the Tenderer is a partnership or individual. All Tenders are to be witnessed. 8. Form of Contract The successful bidder shall be required to enter into a Contract, the terms of which shall be those contained in the CCDC 2, 1982, as approved by the Royal Architectural Institute of Canada and the Canadian Construction Association. The General Conditions of the above Standard Form shall apply to this work. 9. Owner's Standard Forms When required by the Owner, the Owner's forms for Certificate of Insurance, Performance and Maintenance Bonds will be used. Refer to General Instructions Item 18, "Submittals ", for documentation required of the Selected Contractor. 10. Bonds Tenderers are to submit an "Agreement to Bond" with the Tender. The Contractor is required to provide a Performance Bond and a Labour and Materials Payment Bond each in an amount equal to 100 percent of the Tender Amount as accepted, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of payment for labour and materials used on this work. Such Bonds shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. All Bonds shall name as obligee, "The Corporation of The Municipality of Clarington". INSTRUCTIONS TO TENDERERS PAGE 4 OF 7 11. Worker's Compensation Board The successful Contractor will be required to submit to the Municipality a statement from the Worker's Compensation Board that all assessments the Contractor is liable to pay under the Worker's Compensation Act or successor legislation have been paid. Refer also to Section 1A, General Instructions, Item 18 Submittals. 12. Addenda Tenderers finding discrepancies or omissions in the Drawings or Specifications or having doubt as to the meaning or intent thereof shall at once notify the Architect who shall send written instructions or explanations by Addenda to all Tenderers. Tenderers may, during the Tendering period, be advised by Addenda of any addition, deletions or alterations to the Specifications and Drawings. All such changes shall be covered in the Tender and shall become part of the Contract Documents. Neither the Owner or the Architect will be responsible for any oral instructions. 13. Contract Documents & Examination of Site Before submitting their Tender, each Tenderer shall: .1 Carefully examine all the Contract Documents for this Tender package to determine the extent of the work, and various provisions included in the Drawings and Specifications. .2 Attend a mandatory tour of the Site of the work to determine all existing conditions, limitations and difficulties which may be encountered. The tour shall take place at the Site on Wednesday, November 12, 1997 between the hours of 10:00 AM and 12:00 Noon. Those not attending the tour of the site may not submit a Tender. .3 Report to the Architect all discrepancies between various Contract Documents and /or Contract Documents and Site Conditions. No additional payments will be made for any costs incurred through failure of the Tenderer to abide by provisions stipulated in articles 1 to 3 above. INSTRUCTIONS TO TENDERERS PAGE 5 OF 7 14. Qualifications The Owner reserves the right to investigate fully the qualifications (including financial status) of any Tenderer wishing to Tender. The Owner's decision as to the Tenderer's suitability shall be final. 15. Tender Amount The successful Tenderer will be required to provide a categorical breakdown of the Lump Sum Price Tendered in accordance with the Owner's requirements prior to the execution of the Contract. 16. Unit Prices Unit Prices have not been requested in the Form of Tender. Any changes to the Contract Price will be negotiated as they arise. The basis for such negotiations will be the actual costs for the work plus allowances for overhead and profit as follows: Contractor's Work: 10% Sub - Contractor's Work: 10% for Subcontractor 5% for General Contractor 17. Commencement & Completion All work on this contract must be commenced and completed within the times given in the Form of Tender and as set out in the General Conditions. 18. Construction Schedule Submit a Construction Schedule for the work within ten working days of written confirmation of Award of Contract. The Schedule shall be in the form of a bar chart, and shall show clearly in weekly stages, the proposed progress of the main items and subtrades and the labour construction crews, plant and equipment to be employed. INSTRUCTIONS TO TENDERERS PAGE6OF7 19. Sales Tax & G.S.T. Provincial Retail Sales Tax shall be included in Tendered prices for material supplied under this Contract. The Goods and Services Tax (G.S.T.) is to be considered as an applicable tax for the purposes of this Contract. The Total Tendered Price shall include the 7% G.S.T. The Tenderer shall indicate on the Tender Form the amount of GST included in the Tender Amount. The Contractor shall indicate on each application for payment as a separate amount, the appropriate G.S.T. the Owner is legally obliged to pay. This amount shall be paid to the Contractor in addition to the amount certified for payment under the Contract and will therefore not affect the Contract Price. 20. Inquiries During Tender The Tenderer is advised that inquiries regarding the interpretation of the Drawings and Specifications shall be directed to the Architect. INSTRUCTIONS TO TENDERERS PAGE7OF7 SUPPLEMENTARY GENERAL CONDITIONS The Canadian Standard Construction Document For Stipulated Price, CCDC2 (1982) Shall Be Amended As Follows: SGC 1 Holdback is Ten percent (10 %). SGC 2 Article A8 - Language of the Contract This agreement is drawn in English at the request of all parties hereto. SGC 3 GC 1 Documents Amend item 1.1 to read as follows: Three copies of Contract Documents shall be signed by the Owner and the Contractor. SGC 4 SGC 6 Contractor's Right to Stop The Work or Terminate Contract Amend item 6.3 as follows: Change five (5) working days to ten (10) working days. SGC 5 GC 14 Certificates and Payments Amend item 14.1 as follows: Change ten (10) days to ten (10) working days. SGC 6 Amend item 14.2 as follows: Change five (5) days to thirty (30) days. SGC 7 Amend item 14.3 as follows: Change ten (10) days and seven (7) days to ten (10) working days and seven (7) working days. SUPPLEMENTARY GENERAL CONDITIONS PAGE 1 OF 2 1 SUPPLEMENTARY GENERAL CONDITIONS SGC 8 Amend item 14.7 as follows: Change ten (10) days and seven (7) days to ten (10) working days and seven (7) working days. Change five (5) days to thirty (30) days. SGC 9 GC 19 Indemnification Amend item 19.2 as follows: Change One Million to Two Million (lines 1 & 3). 1 SGC 10 GC 20 Insurance Amend item 20.1 to read as follows: L "Without restricting the generality of GC19 - Indemnification, the Contractor shall provide, maintain and pay for the Insurance Coverages (naming the Municipality of Clarington and the Consultants as Additional insured), listed in this General Condition unless otherwise stipulated." Amend item 20.1 (a) as follows: Change One Million to Two Million. SGC 11 Amend i t m 20. 1 (b) as follows: Change One Million to Two Million. SGC 12 Delete item 20.1 (c) Aircraft and Watercraft Liability Insurance. 1 1 1 1 SUPPLEMENTARY GENERAL CONDITIONS PAGE 2 OF 2 DIVISION ONE - GENERAL REQUIREMENTS SECTION ONE A - GENERAL INSTRUCTIONS 1 Explanation The following Articles shall apply to all Divisions of the Specifications. The General Contractor shall ensure that all sub - contractors have read these instructions. 2 General Conditions The General Conditions of the Canadian Standard Construction Document for Stipulated Price (CCDC2 1982) and the Supplementary General Conditions bound into this Specification, shall govern all work. 3 Scope of Work Provide items, articles, materials, operations, methods listed /indicated on schedules or Contract Documents, including labour, materials and incidentals necessary or required for a complete and satisfactory job. 4 Instructions and Restrictions Read Section One B, General Work, for instructions regarding schedules of operation, levels and dimensions, temporary facilities, site restrictions and other items affecting the work. 5 Responsibility The responsibility as to which trade provides the required materials or articles and /or builds in articles, rests solely with the General Contractor. 6 Separate and Unit Prices Furnish separate and unit prices where specified or where required to complete the Tender Form. GENERAL INSTRUCTIONS SECTION 1A PAGE 1 OF 4 7 Co- operation Trade Contractors shall give timely instruction and information to the Contractor in writing of their requirements as related to other parts of the work. Co- operate with other trades as required for the proper execution of the work of other trades. Supply other trades with necessary accessories for building -in where required. Co- operate with Inspection Company representatives in the performance of their duties. 8 Sub - Contractor Non - Payment Trade Contractors shall notify the Architect in writing if the General Contractor fails to make payments when due. The Architect will consider payments have been duly made if no such written notice is given. 9 Examination Each trade shall report to the Architect and General Contractor in writing of defects of surface or work prepared by other trades which adversely affects the work of their trade. Commencement of work shall imply acceptance of prepared work. 10 Materials Handling and Storage Deliver materials in original wrapping or containers with manufacturer's label and seal intact. Handle and store materials in accordance with manufacturer's recommendations to prevent damage, inclusion of foreign matter, rusting, staining and effects which will affect performance and appearance. Locate storage piles where directed. 11 Protection Provide adequate protection of materials and work from damage and staining. Protect adjacent materials and work of other trades to prevent damage. The responsible party shall make good any damage to the satisfaction of the Architect. GENERAL INSTRUCTIONS SECTION 1A PAGE2OF4 12 Workmanship Where a part of the work requires workers skilled in that particular work or trade, then workers or operators trained and skilled in the particular work or trade shall be used. All workmanship shall be of the highest quality, performed in accordance with the best standard practice for each particular section of the work unless special methods and /or performance standards are specified. 13 Scaffolding Scaffolding shall conform with applicable laws and ordinances; be erected independent of building walls; arranged to avoid interference with other trades as much as possible; be shifted when not in use if necessary to permit installation of other work; be promptly removed when not required. It shall be rigid, secure, and constructed to ensure adequate safety for all persons engaged on the work. 14 Completion Each trade, upon completion of work shall remove plant, equipment, surplus materials and debris resulting from its work. 15 Latest Editions and Directions Where any By -laws, Codes, or Official Standard are quoted, it shall mean the latest edition including all revisions or amendments at the time of contract or to the governing code or where references are made to printed directions, it shall mean the latest edition of such directions. 16 Cutting or Attachments Cutting of holes in structural framing shall not be done without prior approval from the Architect. If a sub -trade does field cutting not in accordance with the above, they will be held responsible for any failure or distress resulting from such cutting. Attachment of hangers, brackets, braces, etc. to structural framing members or roof decks after erection shall be done by methods approved by the Architect. 17 Superintendent The General Contractor is required to provide full -time progress of the work. Supervision during the GENERAL INSTRUCTIONS SECTION 1A PAGE3OF4 18 Submittals Prior to the signing of the Contract submit the following to the Architect: Bonds as specified in Instructions to Tenderers; Insurance Certificates as required by the Contract, Item GC 20; Certificate of Clearance from Workers' Compensation Board. Prior to Application of first payment claim submit the following to the Architect: Contract Price breakdown for progress payments; schedule of shop drawings; construction schedule, Certificate of clearance from Workers' Compensation Board. Prior to Application of second and subsequent payment claims submit Statutory Declaration Form duly completed and Certificate of Clearance from Worker's Compensation Board. 19 Occupational Health & Safety Act The Contractor shall fully comply with all requirements of the Occupational Health and Safety Act. GENERAL INSTRUCTIONS SECTION 1A PAGE4OF4 1 1 DIVISION ONE - GENERAL REQUIREMENTS SECTION ONE B - GENERAL WORK Comply with the General Conditions, Supplementary Conditions and the requirements of ' Division 1. 1 Schedule of Operations 1 The Contractor shall prepare a schedule of operations for review by the Architect and the Owner before commencing the work. 1 2. Work Site ' Maintain work site in neat, orderly condition during construction. Upon completion of the work remove all surplus materials etc., leaving site in clean, tidy and satisfactory condition. 1 3. Setting Out The Work The setting out of the work shall rest solely with the Contractor who will be responsible for same. 1 Verify all grades, lines, levels and dimensions as indicated and report errors or inconsistencies to Architect before commencing work or as soon as discovered. 1 Provide the trades with, and be responsible for, all levels and dimensions they require. Notify ALL trades that such levels and dimensions must be obtained from the contractor. ' As work progresses, lay out the exact locations of walls as a guide for the trades. 1 Ensure that all pipes, service lines and ducts are concealed. Any exceptions to this will be noted on drawings. 1 1 1 1 1 GENERAL WORK SECTION 1B PAGE 1 OF 6 1 4. Construction Facilities Provide weather -tight lockable Office for the use of the Contractor and the Architect/ Engineers/ Owner's Representatives when at the Site. The Office shall have heat, light and ventilation. Provide layout table, shelving etc. for storage of Contract Documents. The Office shall not be used for the Storage of Materials. Existing space in the building may be used for this purpose. Hoardings & Temporary Fencing - Erect and maintain hoardings and barricades required by public authorities or required to protect the public and workmen from injury. Light & Power - Provide temporary power and temporary lighting required for proper execution of the work and maintain in good working order. Arrange for, obtain, and pay for permits required by the Municipality of Clarington, the Region of Durham and all other authorities having jurisdiction. Abide by rules of the Canadian Electrical Code. Existing power and lighting may be used. Water - Provide temporary water service as required for the proper execution of the work. Existing water service may be used. Heat - If required, provide temporary heat by an approved manner to maintain at least 40° F temperature and in any event the minimum temperature required by the trades as specified in the respective divisions. Heat shall be uniformly distributed to avoid hot or cold areas or excessive drying. Make good any damage caused by inadequate heat. Toilets - Existing toilet facilities in the building may be used by the workers on the Site provided that they are maintained in a clean and sanitary fashion and that they are returned to the Owner's use at the completion of the work fully operational. Telephone - Provide temporary telephone on site, available to the Architect and all trades. Contractor shall pay all service and local charges for telephone including removal on completion of the work. Long distance charges shall be paid to the contractor by person or company making long distance call. GENERAL WORK SECTION 1B PAGE2OF6 5. Property All damage caused to existing sidewalks, fences, structures, curbs, services, roadways, parking areas, grounds, or other items, on or adjacent to the site, deemed by the Architect as being damaged due to performance of the Contract, shall be made good by the Contractor to the satisfaction of the Architect. Abide by Municipality requirements for maintaining sidewalk and road in proper condition throughout the course of the work. Provide a flag - person as required for the safe entry and exit of vehicles to the Site. Floors or roof shall not be overloaded by accumulated materials. Place proper supports and braces as required to safely distribute any temporary loading. Concealed services - Report existing drains or other services encountered during excavation to Architect for instructions. Cut back and cap or plug unused services. The Contractor shall be responsible for the protection of all live services encountered and for repair to such services damaged. 6. Fires Fires are not permitted on the Site. Remove combustible and non - combustible waste at regular intervals and /or when directed. Precautions shall be taken to avoid fire by spontaneous combustion. Smoking shall be prohibited in areas where volatile fumes or liquids are being used. Post "No Smoking" signs. Provide and maintain in good working order at least one Underwriters Labelled 2A 10BC Dry Chemical Fire Extinguisher which shall be prominently placed on the job from commencement of work until completion. 7. Enclosures Provide temporary weather -tight enclosures for all exterior openings as may be required to protect all work from weather. Temporary exterior doors shall be neatly constructed and properly hung on hinges and fitted with proper hardware. Provide locks to main access points to structure. GENERAL WORK SECTION 1B PAGE3OF6 8. Record Drawings Maintain as work progresses accurate records of changes to drawings and locations of concealed services. A copy of the floor and site plans will be supplied for making these recordings. Upon completion of project deliver plans to Architect with recordings neatly inked in. Mechanical and Electrical records shall be kept by the respective trades to be delivered to the Contractor who shall transfer the information to the above record drawings. 9. Site Meetings Arrange site meetings between all parties concerned at regular intervals as deemed necessary for the work. The Architect shall keep and record minutes of all site meetings and shall distribute copies of minutes to all who were present. Copies of the minutes shall be distributed within one week of the meeting date. 10. Signs Other than signs for safety, caution or instruction, only signs of the Owner, the General Contractor and the Architect will be permitted on the Site. 11. Clean Up - Final On completion of the building, clean and polish all interior and exterior glass, mirrors, hardware, stainless steel, chrome, aluminium, baked enamel, plastic laminate and plumbing fixtures. Remove stains and smudges from all finished surfaces. Leave building vacuum clean and to the satisfaction of the Architect. Remove surplus mortar, caulking compound, etc., from all interior and exterior surfaces of the building. Remove stains and dirt from exterior paved areas and sweep or wash clean to Architect's approval. Replace all broken or damaged glass and mirrors at Contractor's own expense. Replacement shall be done in compliance with requirements of the Glass and Glazing Section of this specification. GENERAL WORK SECTION 1B PAGE4OF6 11. Clean -up - Final (Cont'd) On completion of the building, the Contractor shall ensure that the services, apparatus, and equipment are installed and complete and have been inspected, tested and adjusted and are all in perfect operating condition. 12. Permits, Deposits and Responsibilities Abide by all local By -laws of the Municipality of Clarington, the Region of Durham and all other Authorities having jurisdiction. The Owner will apply for and pay for the Building Permit. The Contractor will obtain the Building - permit from the issuing department of the Municipality of Clarington. All Permits other than the Building Permit, where required for work in the Contract, shall be the responsibility of the Contractor. The Contractor shall pay the deposit for clean -up of mud - tracking onto the municipal roadway and for repair of any damage to the municipal roadway fronting the site as may be required by the appropriate authority. 13. Shop Drawing Submission Each Shop Drawing shall be stamped and signed by the Contractor before submission, stating that he has checked the drawings against the requirements as called for in the Specifications and as shown on the Contract Drawings. Drawings which have clearly not been reviewed by the Contractor will be returned for same before being accepted for processing by the Architect. Shop drawings shall clearly define the division of responsibility. No items or equipment or description of work shall be indicated to be supplied, or work to be done "By Others" or "By Purchaser ". It shall also be understood that any items, equipment or description of the work shown on the shop drawings shall form a part of the contract unless specifically noted to the contrary. Where the equipment attaches to and /or where there are external connections to other equipment it must clearly show co- ordination. The Architect will require a minimum of ten (10) working days from receipt of shop drawings for processing same and the Contractor shall make allowances in his scheduling of the work of this period of time for each submission. The time taken for processing shop drawings by the Architect, as stated above, will not be considered as a reason for any delay in the progress of the work. GENERAL WORK SECTION 1B PAGE5OF6 14. Cash Allowances Include in the Stipulated Sum quoted, the following cash allowances to be expended only on the Architect's written authority in accordance with GC 35 of the General Conditions of the Contract. On completion, credit to the Owner the unused portion. Inspection and Testing Allowance $ 1,500.00 Hardware Allowance $ 5,500.00 Hydro Connection $ 3,000.00 Existing Roof Repairs $ 5,000.00 Cash Allowances do not include G.S.T. The Contractor will be responsible for payment of the G.S.T. in addition to the total amount of Cash Allowances. 15. Contingency Allowance Include in the Stipulated Sum quoted, the following Contingency Allowance to be expended only on the Architect's written authority in accordance with GC 36 of the General Conditions of the Contract. On completion, credit the Owner the unused portion of the allowance. Contingency Allowance $ 10,000.00 Expenditures against the Contingency Allowance will include all applicable taxes. GENERAL WORK SECTION 1B PAGE 6 OF 6 TENDER (LUMP SUM PRICE) CLOSING DATE: Wednesday, November 19. 1997 TIME: 2:00 P.M. Local Time LOCATION FOR TENDER DELIVERY: Office of The Clerk The Corporation of The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 FOR: Clarington Animal Control CONTRACT NO. CL 97-28 PROJECT LOCATION: 33 Lake Road at Liberty Street Bowmanville, Ontario TENDER FORM PAGE 1 OF 7 Clarington Animal Control 33 Lake Road at Liberty Street Bowmanville, Ontario CL 97 -28 This Tender is submitted by: Gerr Construction Limited (Firm Name) R.R. #3 (Address) Bowmanville, Ontario L1C 3K4 (905) 436 -2018 To: The Corporation of The Municipality of Clarington I/We Joseph Gerrits (Telephone) of Gerr Construction Limited DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose proper officers and the seal or seals is or are attached below has any interest in this Tender or in the Contract proposed to be taken. FURTHER DECLARE that this Tender is made without any connection, knowledge, comparison or figures, or arrangement with any other company, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. FURTHER DECLARE that the several matters stated in the said Tender are in all respects true. FURTHER DECLARE that no member of the Municipal Council, or any official of the Corporation of The Municipality of Clarington is or will become interested directly or indirectly as a contracting party or otherwise in or in the performance of the contract, or in the supplies, work or business to which it relates or in any portion of the profits thereof, or of any such supplies to be used therein or any of the monies to be derived therefrom. TENDER FORM PAGE 2 OF 7 FURTHER DECLARE that the locality and site of the proposed works have been carefully examined as well as all the contract documents relating thereto, prepared, submitted, and rendered available by the Corporation of the Municipality of Clarington and hereby acknowledge the same to the part and parcel of any Contract to be let for the work therein and described or defined and to provide all of the labour and to provide, fumish, deliver, place, and erect all materials mentioned and described or implied therein including in every case freight, duty, exchange and all applicable taxes in effect on the date of acceptance of the Tender and all other charges on the terms and conditions and under the provisions therein set forth. I/We Joseph Gerrits of Gerr Construction Limited agree to supply all necessary labour, material, plant, equipment and services for the complete execution of the work, including all trades as specified herein including Addenda No. 1 in accordance with the requirements of the Contract Documents for the stipulated sum .of yu.UiNSCrjr1,02'°'' Dollars $ `-ia9 700‘&0 G.S.T. in the amount of $ a7 %8L/ . G'') amount. is included in this Tender If notified of the acceptance of this proposal within ninety (90) days of the time set for the opening of Tenders, the undersigned agrees to execute a contract for the above work, for the above - stated compensation in the form of the CCDC2, 1982 (Stipulated Sum). I/VVe, agree that if we withdraw this Tender after closing and before the Council of the said Municipality shall have considered the Tenders and awarded the Contract in respect thereof, during the time that this Tender is open to acceptance as set out above in this Tender Form the amount of the deposit accompanying this Tender shall be forfeited to the Municipality. The undersigned will, if awarded a contract, employ subject to the Architect's approval, the Sub - Contractors listed herewith. Attached is a list naming the Sub - Contractors for each section contained in the specifications. The undersigned, if notified of the acceptance of this Tender, will complete the Work within 15 weeks of the date of the award of the Contract in writing. TENDER FORM PAGE3OF7 I/We, agree that the awarding of the Contract based on this Tender by the Council for the said Municipality shall be an acceptance of this Tender. If this Tender is accepted I/We agree to fumish the required Contract Bonds in amounts equal to 100% of the Contract, Insurance Certificates and Worker's Compensation Board letter and properly sign 3 copies of the Contract Documents within ten (10) working days after being notified so to do. In the event of default or failure on our part so to do, I/We agree that the Corporation of The Municipality of Clarington shall be at liberty to retain the money deposited by Me /Us to the use of the Municipality and to accept the next lowest or any Tender or to advertise for new Tenders, or to carry out the works in any other way they deem best and I/We also agree to pay to the said Municipality the difference between this Tender and any greater sum which the Municipality may expend or incur by reasons of such default or failure, or by reasons of such acting, as aforesaid, on their part, including the cost of any advertisement for new Tenders; and to indemnify and save harmless the said Municipality and their Officers from all loss, damage, cost, charges, and expense which they may suffer or be put to by reason of any such default or failure on My /Our part. I/WE PROPOSE Zurich Insurance Company of Canaria A Company which is willing to become bound with Me /Us in the amount designated for due performance and fulfilment of the Contract for which this is the Tender. An agreement to a 100% Performance and Maintenance Bond and a 100% Labour and Material Bond is enclosed. A Bid Bond or Certified Cheque payable to The Corporation of The Municipality of Clarington is enclosed. Dated at Bowmanville this 19th day of November 1997. SIGNATURE OF WITNESS SIGNATU E AND SEAL OF TENDERER TENDER FORM PAGE4OF7 1. TENDER FORM - APPENDIX 'A' TO BE COMPLETED AND SUBMITTED AT TIME OF TENDERING SEPARATE PRICES The following items are to be quoted separately and may, at the discretion of the Owner, be accepted and the appropriate change in the Tender Amount will be made at that time. Separate Price Number One Provide a separate price to replace existing oil fired heating units H -1 & H -2 that are serving Ground Floor, Second Floor and Administration areas with natural gas fired heating units. Remove existing fuel oil supply piping, suspended oil tank and outdoor above - ground tank. Extend natural gas piping 1 1/4 inch diameter from capped connection that is left under the base - contract, and connect with new heating units. Existing supply and return ducts shall remain and be re -used. Heating units shall be equal to 'Lennox' as follows: H -1: Floor Mount, G24M -3, 120/98 MBH c/w remote T -stat. H -2: Horizontal Mount, G24M -3, 120/98 MBH c/w remote T -stat and vibration isolation hangers. Total Amount $ 6000.00 Separate Price Number Two Extra / edrit- Provide for the above noted heating fumaces, add on cooling systems consisting of duct cooling coil and rooftop condensing unit. Cooling capacity shall be 3 tons for H -1 and 2.5 tons for H -2. Provide a complete refrigeration piping system. Thermostat shall be heat/cool c/w sub -base. Total Amount $ 11,500.00 3. Substitute Glid Guard Floor epoxy (7 -10 mils. thick) in lieu of Stonehard GS + GS4 Extra /flit CR $ 20,000.00 4. Substitute Tru Glaze WB (3 -4 mils. thick) in lieu of Stonehard Stoneglaze VSC wall coating. CR $ 10,000.00 5. Substitute overhead electrical service in lieu'of underground CR $ 2,500.00 TENDER FORM PAGE5OF7 1 1 1 1 1 1 1 1 1 1 1 1 November 13, 1997 Gerr Construction 3386 Solina Rd., North Bowmanvillc, Ontario L1C; 3K4 ATTENTION: Joe Gerrits Dear Sir: MUNICIPALITY OF Iaringtan RE: ADDENDUM #1 TENDER CL97 -28 CLARINGTON ANIMAJ, CONTROL ONTARIO VIA: TELEPHONE, FAX AND COURIER Please be advised of the following additions to the above noted tender. Instructions to Tenderers, Page 3 of 7 Item 5, Tender Deposit Add the following: Bid bonds issued by a surety approved by in a form containing terms satisfactory to the Municipality's Treasurer will be accepted for this project. Bid deposit must be enclosed in the envelope with your tender. Tender Form, Appendix 'A ", Page 5 of 7 Separate Prices Add the following: Separate Price Number Three Extend new block partitions to underside of roof structure and secure to same, in lieu of supplying and installing lateral steel bracing as shown on drawing A3, detail 2/A3. Total Amount $ 10,000.00 Extra ,reel* All tender submissions must be in accordance with this addendum. Yours truly, Lou7Ann I3irkett, C.P.P., A. M.C.T. !' Purchasing Manager LAB *1d do :v197- 28.ad1 cc: ZO /ZO 'd Thomas Brown Architect Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 tEMPE fANCE STREET • aOWMAHVILLE •ONTARIO • lie 3A6 • (905) 423-3779 • FAX 623.4169 69IIEe9906 ON XVJ NOIONIHd13 .10 NNW Wd 99:10 (1H1 L6 -El -AON TENDER FORM - APPENDIX 'B' TO BE COMPLETED AND SUBMITTED AT TIME OF TENDERING LIST OF SUB - CONTRACTORS The following list of Sub - Contractors whom the Contractor proposes to retain for this project and whose quotations have been used in completing the form of Tender must be completed by the General Contractor. No deviation from this list will be permitted during the performance of Contract without written permission from the Architect. Demolition Excavating & Backfilling Concrete Miscellaneous Metals EFS Masonry T &J Millwork Durham Precision Drywall CGC Insulated Metal Siding BARB` s Caulking Own Forces H. M. Doors & Frames Remac Aluminum Doors & Windows Snap Painting World Epoxy Flooring Stonehard Own Forces Own Forces Own Forces Mechanical: Plumber HVAC Electrical o . $ C,, 4'8'D Rbu (i)&42 f1G I aden� Snowden $ 42,750.00 TENDER FORM PAGE 6 OF 7 TENDER FORM - APPENDIX 'C' CONTRACTOR'S EXPERIENCE RECORD The Contractor is required to supply the following information concerning work done over the last five year period that is similar to the type of work to be done under this contract: PROJECT DATE VALUE REFERENCE TEL. No. Durham Regional Council Chambers Sept. /97 Renovations $363,000.00 Central Park Public School - W.R. & Staff Sept. /97 Renovations $99,200.00 Bowmanville Prof. Oct. /97 Bldg. - Add'n & Alts. $ 1,149,000.00 Lennis Trotter Architect Richard A. Lukjaniec Architect Inc. J.R. Freethy Architect 576 -6869 (416)861 -9882 623 -7476 TENDER FORM PAGE 7 OF 7 ZURICH INSURANCE COMPANY OF CANADA HEAD OFFICE FOR CANADA 400 UNIVERSITY AVENUE TORONTO, ONTARIO M5G 1S7 Bid Date: November 19, 1997 Bond No.: YY1943046 -020 AGREEMENT TO BOND Gerr Construction Limited (CONTRACTOR) has submitted a written tender to The Corporation of The Municipality of Clarington (OBLIGEE) in consideration of the Obligee accepting the tender and executing an agreement with the Contractor for Clarington Animal Control building alterations (Contract #CL97 -28). We, Zurich Insurance Company of Canada, Surety, agree to issue for the Contractor the following bond(s): (a) Performance Bond of (100 %) of the contract price . (b) Labour and Material Payment Bond of (100 %) of the contract price. Provided, however, that application f r said bond(s) must be made to the Surety within (60) days from closing of Tender, otherwise this agreement shall be null and void. Dated this 18th day of November, 1997 . ZURICH INSURANCE ANY OF A Caroline MacColl -Vysma Attorney -in -fact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i? ter, 1 1 1 ZURICH INSURANCE COMPANY OF CANADA HEAD OFFICE FOR CANADA 400 UNIVERSITY AVENUE TORONTO, ONTARIO M5G 1S7 BID BOND No. YY1943046 -020 $ 250,000.00 KNOW ALL MEN BY THESE PRESENTS THAT GERR CONSTRUCTION LIMITED as Principal hereinafter called the Principal, and ZURICH INSURANCE COMPANY OF CANADA, a corporation created and existing under the laws of Switzerland, and duly authorized to transact the business of Suretyship in CANADA as Surety, hereinafter called the Surety, are held and firmly bound unto THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON as Obligee hereinafter called the Obligee, in the amount of TWENTY - FIVE THOUSAND Dollars ($25,000.00 ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs,, executors, administrators, successors ana assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a written tender to the Obligee, dated the 19TH day of NOVEMBER ,1997 for CLARINGTON ANIMAL CONTROL BUILDING ALTERATIONS (CONTRACT #CL97 -28) . NOW, THEREFOR, 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 his 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 18TH day of NOVEMBER, 1997. SIGNED and SEALED In the presence of GERR CONSTR CTION LIMITED ZURICH BY Principal INSURANCE CDMPANY OF CANADA 6-t)40q2 Caroline MacCo ll -V sma, y , Attorney -in -fact CCDC 220 -1982 Endorsed by: ACEC CCA CCPE CSC RAIC Approved by: INSURANCE BUREAU OF CANADA (Seal) SURETY (Saal) 1 1 1 1 1 1 1 1 1 1 1 THOMAS E. BROWN ARCHITECT INC. � CLARINGTON ANIMAL � CONTROL 1 1 Post Tender Addendum no. 1 December 3, 1997. CLARINGTON, ONTARIO 1 1 Clarington Animal Control Proposed Revisions for Post Tender Addendum No. 01 1. Delete walking enclosure to west of Building and walking enclosure to south of outside dog runs - including south gate. Delete outside dog runs completely including concrete slabs pa - - nd block cavity wall c/w insulation, ke • - • ates and screens, lintels - = •' -tal roofing. $ CR $1250.00 Retain chain link fencing a building at north - • - • uth ends. nd chain Zink fencing to ,ls/ in dog door openings. 3. Delete welded wire mesh reinforcing to concrete sidewalk. Delete note 4 on Dwg. Al - existing grade to remain along west wall of existing building. 4. Retain existing concrete slab on grade inside existing building except as follows. Remove existing trench drain and floor slab from trench drain to east wall. Replace with new slab on grade sloped to east as extension of existing slope from west wall. Re -use existing under -slab material compacted, adding granular material as required. Cut and patch existing slab as required for under -slab drainage. Cut and patch existing slab for installation of new trench drains in dog Rooms 16 and 20. 5. Flip plan layout for Stray Dogs 16 and Dog Adoption 20 so kennels are on east wall to take advantage of existing floor slope to drains (see attached plan). $ CR $ 500.00 $ CR $5000.00 $ N/C (incl. part of Item 4) /9607 Page 2 of 8 i 6. Build all new block partitions from existing slab deleting new interior strip footings and thickened slab. To accommodate existing sloped floor, either provide poured concrete curbs under partitions or cut blocks to maintain uniform block coursing. Bottom course of kennel partitions may be concrete as shown or concrete block cut to suit slope of floor. $ CR $2000.00 7 Delete block partitions to south and west of Exam 11 and remove door 09 to delete Exam 11 enlarging Stray Cats 10. Block to extend through door 09 opening (see attached plan). $ CR $1100.00 8. Delete Corridor 07, Door 04 and frost slab. Relocate south wall of Cat Adoption 08 to centre of existing Corridor 07._ Extend Nursery 06 to new location of south wall of Cat Adoption 08. Retum block on East wall of Nursery 06 to provide 2400 wide opening for Screen S2. Extend block under Screen S2 to height of 800mm (see attached plan). $ CR $ 3500.00 9. Delete new opening for Cash Counter in Vestibule 01 and delete Cash Counter and window. $ CR $ 1000.00 10. Revise opening in north wall of Existing Office 03` to 2400 wide for new Reception counter. Cut new door opening in existing wall to east of reception counter. Provide new door and frame from Corridor 04 to Existing Office 03 (see attached plan). Revise new wood beam over opening to 3 - 2 x 8 complete with drywall finish. $ ADD $ 600.00 /9607 Page 3 of 8 11. Delete door 23 (second floor) and new steel catwalk for access to existing suspended furnace. Provide large access panel in ceiling below fumace to provide service access by ladder. $ CR $2000.00 12. Delete drywall partition and Door 22 enclosing Mechanical /Electrical Room 21. $ CR $1500.00 13. Delete new metal siding and insulation to east and west faces of existing building. Provide new concrete block c/w steel lintels to block up /modify existing window openings. Make good all new blockwork and paint entire exterior of building. Delete cast aluminum letters for sign - substitute new painted sign on block wall. $ CR $8866.00 14. Change finished ceiling height from 2750 to 2650. Reduce height of concrete block partitions from 3000 to 2800 high. $ CR $1000.00 15. Relocate new windows to inside face of existing walls and delete p. lam. window sills. Delete L- shaped return on grooming tub enclosure. Revise all millwork from birch plywood to white melamine. Delete Food Storage Counter on north wall Food Prep. 09 (Detail 7/Al2). 16. Delete epoxy base throughout. Finish epoxy floor neatly at all walls. $ CR $5000.00 $ CR $5500.00 /9607 Page 4 of 8 e • • xy floor finish Vestibule 01, Lobby 02, Nurse Corridor sheet vinyl flooring c/w v. Change floor finish ' • - ay. 05 from base. -• on Armstrong commercial quality) Domco 'Custom flor' used, add'l savings $300.00 18. Epoxy paint finish to walls to be Glid -Guard or equivalent paint with block - filler, prime coat and - finish coat as recommended by Paint manufacturer for "wet" areas. 19. Delete Aluminum Screens S1 and S1a and substitute with H. M. Screens c/w 200 high centre rail. Exterior screen to be glazed with 25mm sealed units (delete tempered, tinted glazing). Interior screen to be glazed with 6mm polished Georgian wired glass. H.M. to be painted. Hardware to include push /pull handles, kickplates, hinges, closers, door stops, threshold at exterior door and dead -bolt on exterior door. Revise Screen S2 from aluminum to Hollow metal 2400 wide by 1400 high with 3 sections. Glazing to be 6mm polished Georgian wired glass. Delete 2 windows type W3. Delete tempered glass on windows W1 and W2. Delete opening vent on window W2 - provide fixed glazing only. Change floor finish in Handicapped Lay. 05 to VCT c/w vinyl base. 20. Cash Allowances • Delete Inspection & Testing Allowance. • Delete Hydro Connection allowance. • Change Hardware Allowance from $5500.00 to $4500.00 $ CR $12000.00 $ CR $2500.00 $ 5500.00 credit 19607 Page 5 of 8 r 20. Mechanical !9607 • delete FEH 2 in corridor 07. • delete HVAC to Room 11. • delete Exhaust Fan f1 complete with air intake louvre, interlock and motorized damper. • revise VH 1 to conventionally vented type. • change exhaust fan F2 to roof -top unit c/w all related costs for roof opening, curbs, flashings and roof repairs. Delete 1500 x 600 wall louvre and fire damper associated with F2. • relocate floor drains in Nursery 06, Cat adoption 08, Food Prep 09 and Stray Cats 10 to east walls to suit existing floor slope. • delete floor drain in Exam 11. • altemate equipment manufacturers are acceptable as per notes 15, 16 and 17 on drawing M1. $ CR $3000.00 Page 6 of 8 p 21. Electrical • delete new 400 amp service. Use existing 200 amp service. Include for new panels /circuits as required. • delete underground electrical duct bank. • delete 4 exterior fixtures type D c/w associated wiring. • delete 4 exterior fixtures type C c/w associated wiring. • delete 2 interior fixtures Type F2 c/w associated wiring. • delete 4 interior fixtures Type A. Substitute with one Type F1 fixture from Corridor 07. • delete 2 interior fixtures type F1 c/w associated wiring. • delete 3 interior fixtures Type F3 and 2 interior fixtures Type F4 on second floor. Leave existing in place. • delete 3 interior fixtures Type B at Ground Floor and leave existing. • delete 7 interior GF1 outlets (rooms 08, 10 and 11). • delete 1 interior outlet in Room 06. • delete 1 interior outlet in room 11. • delete 1 interior WP outlet in Receiving Bay. • delete 3 telephone and 5 outlets in Existing Offices 03 and 03a. • delete exit Tight in Mechanical /Electrical Room 38. $ CR 20,000.00 19607 Page 7 of 8 Clarington Animal Control 33 Lake Road at Liberty Street Bowmanville, Ontario CL 97 -28 This Post Tender Addendum Number One is submitted by: Gerr Construction Limited (Firm Name) 3386 Solina Rd. N., (Address) Bowmanville, Ontario. L1C 3K4 905- 436 -2018 (Telephone) Post Tender Amount Summary Original Tender Amount $ 424,700.00 Less GST $ 27,784.00 Subtotal............ $ 396,916.00 Revisions as per this Post Tender Addendum $ 107,216.00 Extra/Credit - -24,/ 660.00 1 rx 1Tp,2 - ri • - - Revised Tender amount........... $ 289,700.00 Conir'dc* ke,covrir . _ 3i(, 3oo, o o • e313e. Plus GST @ 7 % $ 20,279.00 Dated at Bowmanville this 10th day of December 1997. 719. SIGNATURE OF WITNESS SIGN /9607 E AND SEAL OF TENDERER Page 8 of 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 112 RAI IMMO. MMIWIM MOM I I I I I I 1 I I I DIMINMIMMI ammo mom TO OWL u GanigliVan - Op0Sl. ■MX ro r MONO .ealMil IMAMS MULL SMSOM ID/OM fqM • rY' R.N Are s rat LOM IMM lllaY O. alum • 4418 NMI P1M4Ip.I/ASrrtwy.IAO4OOI. 041041 MM. COMM eCSNLK 01 MmerMalin NSIIpr ROl cee COC W•FS.q a, ear M.EI N044111 MOM 4414MI NO.ITN 0401. r--4411104 NOWW4CM NS WOW 0.111.0!'44 II JMOIND.I 1. rlmr ®rorrt. 14444 M lL ® MOMOPIM1MMIn TOU? MQ.NLitNeN1M OM: PICOPM MOM M OM Zero t hl7UTIID MAIM NE PleZe - OL 11140. /.O M MS er 1JI J. 4444 is owe man •. warmer MIN NS O 10 MNT.4MeL i MO j:,1111111II1I1111p91r 11 /111111111111/11111: e i w I I1111I II111II!!IIIIIIII111 11111111IIIIII1111i1 iIt111111:1.111111.:„ ?IIIII! Ili IIIIIIIII'. i i 11111 1111111111 ill' II i1111111!I!11111 1II1111111111111111 111111111111111111 11111111111 • -i 111 MO�N4 SIIS MOM N 111SIIJN4 111:11111 1-1, P_9 PIE, 111-11, 1,11111_ 11_x_- 61-11, IW111,11 11111111111111111 ,111 111111111111411111 VCIq�Iilll!p 1111 111111PIIi111111 111111111111111m Illswiditp.11,11til 4111mil 11 1111111111111! 1111.11111111:111 elm N 0.1M IJSIO7141. OMNwaoa/AIIS M IMSMO/M MIME o.r. .4 11 • 1 INN hem/ EM IA r. r MAN I.MIMMI Jonas emir Jonas T1. ow41.1NIN0 Mt OCR 111111%111 L O.Ma sMNLT IV M4 —' •NMr IMMID MIMMOD 1/4/44444 SIN so s:L IM 4010 na. JIM et A0 lea 441fAq..erM4. MOM lian atrN AL •NS IEsm TON R N COMM MN ea a MN DIM - MOM 441 TO Norm=Mel en ea• Il O! -0 •411. roO /MP =OM SU 4A44% 44mJ 110 MOW= This Drawing issued with Post Tender Addendum No. 01 for clarification purposes only ( NOT for Construction 1. Mine owe N *1.II00M11 La1M.. TII. misty retuned Canaactar .Ile veer a &iwr a a Na -- Ole re i ...r- 1MNt MN � �WNl mla� al Ole REVISIONS No. il..niptl.n Oats ,, AI '© ,© AIR MIN cOe lelt:t0111aN11 THOMAS E. BROWN ARCHITECT INC. Te4pa1. IU) 711 --4710 ]s. 6q See E.t Tecate MS1. Iq W & �''`� Altar, : m 0 AICNITICTI Z V t N.ve aura eu NIL GROUND FLOOR PLAN CLARINGTON ANIMAL CONTROL LAKE ROAD AT 118ERTY STREET 80MMANIAELE, ONTARIO OM DEC. 03, 1997 Rote 1:50 wI 1R REP, DHK me se PET/ MONO et PEN «` 9607 A4 - PTA 01 Standard Construction Document — CCDC 2 — 1982 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract. This Agreement made on the ninth day of February in the year nineteen hundred and by and between ninety eight The Corporation of The Municipality of Clarington hereinafter called the "Owner" and Gerr Construction Limited hereinafter called the "Contractor" witnesses: that the parties agree as follows ARTICLE A -1 THE WORK The Contractor shall: (a) perform the Work required by the Contract Documents for (insert here the title of the Work and the Project) Clarington Animal Control which have been signed by the parties, and which were prepared by Thomas E. Brown Architect Inc. acting as and hereinafter called the "Consultant" and (b) do and fulfill everything indicated by this Agreement, and (c) commence the Work by the ...23r.d.. day of .Rebzuaxy 19.98. and attain Substantial Performance of the Work, as certified by the Consultant, by the 25th. _ day of May 19 98. CCDC 2 — 1982 File 00510 1 ARTICLE A -2 CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in Article A -1 of this Agreement and as defined in item 2 of DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract and agreed upon between the parties. Terms used in the Contract Documents which are defined in the attached DEFINITIONS shall have the meanings designated in those DEFINITIONS. (Insert here, attaching addition/ pages if required, a list identifying the Contract Documents including: The Agree- ment, General Conditions, Supplementary Conditions, Definitions, drawings, giving drawing number, title, date, revision date or mark, and specifications, giving a list of contents with section numbers and tides, number of pages, and date or revision marks. Clearly identify modifications to the Contract Documents.) Standard Construction Document CCDC2 -1982 dated February 9, 1998 Specifications Tender Form 7 Pages The Corporation of The Municipality of Clarington Standard Terms and Conditions 12 Pages Instructions to Tenderers 7 Pages Supplementary General Conditions.. 2 Pages Section lA — General Instructions 4 Pages Section 1B - General Work 6 Pages Addendum No. One dated November 12, 1997 1 Page Post Tender Addendum No. One dated December 10, 1997 8 Pages Drawing A4 —PTA 01 dated December 3, 1997 1 Page 2 CCDC 2 — 1982 File 00510 Drawings: Al Site Plan A2 Existing Conditions A3 Structural Information A4 Ground Floor Plan ...................... ............................... A5 Second Floor Plan....... ..... .......... ....... .............. ......... A6 Roof Plan ........... ............................... A7 Ground Floor Reflected Ceiling...... A8 Second Floor Reflected Ceiling... A9 Elevations...... A10 Wall Section & Details All Reception Counter Details Al2 Millwork Details............ A13 Kennel Details A14 Outside Kennel & MiscDetails. Al 5 Door Details and Schedule A16 Room Finish Schedule November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 M1 Legend of Symbols, equipment Schedule & Details........... M2 Ground Floor HVAC Plan. M3 Second Floor HVAC Plan. M4 Ground Floor Plumbing Plan M5 Second Floor Plumbing Plan El Site Plan Electrical. E2 Floor Plan Electrical. E3 Second Floor Plan Electrical E4 Second Floor Plan electrical CCDC2 - 1982 File 00510 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 November 5, 1997 Page 2A ARTICLE A-3 CONTRACT PRICE The Contract Price is Three Hundred and Sixteen Thousand, Three Hundred 00 + GST dollars ($ 316,300.00 + GST in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A-4 PAYMENT (a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of Ten percent ( 10 %), SGC .1 the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant, and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due, and (3) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring 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 20 — INSURANCE. (c) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of Prime + One percent ( Prime + 1 %)per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A -5 RIGHTS AND REMEDIES (a) 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. (b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 1982 File 00510 3 ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES Communications 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 by hand to the individual or to a member of the firm or to an officer of the corporation for whom they are intended or if sent by post or by telegram, to have been delivered within five (5) working days of the date of mailing, dispatch or of delivery to the telegraph company when addressed as follows: The Owner at 40 Temperance Street street and number and postal box number if applicable L1C 3A6 Bowmanville, Ontario post office or district, province, postal code The Contractor at 3386 Solina Road, R.R.#3 street and number and postal box number if applicable Bowmanville, Ontario L1C 3K4 post office or district, province, postal code The Consultant at 394 King Street East street and number and postal box number if applicable Toronto, Ontario M5A 1K9 post office or district, province, postal code ARTICLE A -7 LAW OF THE CONTRACT The law of the Place of the Work shall govern the interpretation of the Contract. ARTICLE A-8 LANGUAGE OF THE CONTRACT 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 E+ language shalRSGC - 2 prevail. This Agreement is drawn in English at the request of all parties hereto; ce marche est redige en anglais a la demande de toutes les parties. *Complete this statement by striking out inapplicable term if the Contract Documents have been prepared and issued in both official languages of Canada. 4 CCDC 2 — 1982 File 00510 ARTICLE A -9 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to 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. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER The Corporation of The name Municipality of Clarington signature Dia - amre, Mayor 4110, to /O name and title signature L Barrie, Clerk witness name and tide name and title CONTRACTOR Gerr Construction Limited name signature name and tide ;at, - G6eff -i 5 ste: ,Edv> signature name and dde witness name and dde N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for proof of authority to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the corporation or partnership, parties to this Agreement, should be attached. CCDC 2 - 1982 Fib 00510 5 Standard Construction Document — CCDC 2 —1982 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. The Contract he • • — of Con . r. 1 1 be sit - • .,.:,...: ,. .. .1.111 1,1,.4 •' 1.1•...1..1 .1111x. I, -411'J I P.1.l'.'i- II. ., by the parties to perform S C.3 their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. I. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A -2 — CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pur- suant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation 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 according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 8. The Work The Work means the total construction and related services required by the Contract Documents. 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor- mally referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. 11. Place of the Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part. CCDC 2 — 1982 File 00510 7 12. Time (a) The Contract Time is the time stipulated in the Contract Documents for Substantial Performance of the Work. (b) The date of Substantial Performance of the Work is the date certified as such by the Consultant. (c) Day means the calendar day. (d) Working day means days other than Saturdays, Sundays and holidays which are observed by the construction industry in the area of the Place of the Work. 13. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, 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. 14. Total Performance of the Work Total Performance of the Work means when the entire Work, except those items arising from the provi- sions of GC 24 — WARRANTY, has been performed to the requirements of the Contract Documents and is so certified by the Consultant. 15. Changes in the Work Changes in the Work means additions, deletions, or other revisions to the Work within the general scope of the Contract. 8 CCDC2 — 1982 File00510 Standard Construction Document — CCDC 2 — 1982 THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT (Hereinafter referred to as the General Conditions.) GC1 DOCUMENTS 1.1 The Contract Documents shall be signed in duplicate by the Owner and the Contractor. 1.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.3 The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents. 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. 1.5 References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires. 1.6 In the event of conflicts between Contract Documents the following shall apply: (a) figured dimensions shown on a drawing shall govern even though they may differ from dimensions scaled on the same drawing, (b) drawings of larger scale shall govern over those of smaller scale of the same date, (c) specifications shall govern over drawings, (d) the General Conditions shall govern over specifications, (e) Supplementary Conditions shall govern over the General Conditions, and (f) the executed Agreement between the Owner and Contractor shall govern over all documents. Notwithstanding the foregoing, documents of later date shall always govern. 1.7 The Contractor shall be provided without charge with as many copies of the Contract Documents or parts thereof as are necessary for the performance of the Work. 1.8 The Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of the Work, in good order and available to the Consultant and his representatives. This requirement shall not be considered to include the executed set of Contract Documents. 1.9 Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain his property with the exception of the signed contract sets belonging to each party to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authoriza- tion of the Consultant. 1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC2 ADDITIONAL INSTRUCTIONS 2.1 During the progress of the Work the Consultant will furnish to the Contractor such additional instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such instructions shall be consistent with the intent of the Contract Documents. 2.2 Additional instructions may be in the form of specifications, drawings, samples, models or other written instructions. 2.3 Additional instructions will be issued by the Consultant with reasonable promptness and in accordance with a schedule agreed upon for such instructions. CCDC 2 — 1982 File 00710 9 GC3 CONSULTANT 3.1 The Consultant will provide administration of this Contract as described in the Contract Documents. 3.2 The Consultant will be the Owner's representative during construction and until completion of any correction of defects under the provisions of GC 24 — WARRANTY, paragraph 24.2, or until the issuance of the certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the Contractor shall be forwarded through the Consultant. 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 in accordance with paragraph 3.13. 3.3 The Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs required for the Work in accordance with the applicable construction safety legislation, other regulations or general con- struction practice. The Consultant will not be responsible for or have control or charge over the acts or omissions of the Contractor, his Subcontractors or their agents, employees or other persons performing any of the Work. 3.4 The Consultant will visit the site at intervals appropriate to the progress of construction to familiarize himself with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Consultant will not make exhaustive or con- tinuous on -site inspections to check the quality or quantity of the Work. 3.5 Based on the Consultant's observations and his evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue cer- tificates for payment in such amounts, as provided in Article A-4 — PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. 3.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Consultant shall be consistent with the intent of the Contract Documents and in making his deci- sions he will not show partiality to either party. 3.7 Claims, disputes and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be referred initially to the Consultant in writing for decision which he will give in writing within a reasonable time. 3.8 The Consultant will have authority to reject work which in his opinion does not conform to the requirements of the Contract Documents. Whenever he considers it necessary or advisable he will have authority to require special inspection or testing of work whether or not such work be then fabricated, installed or completed. However, neither the Consultant's authority to act nor any decision made by him either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consul- tant to the Contractor, his Subcontractors, or their agents, employees or other persons performing any of the Work. 3.9 The Consultant will review and take appropriate action upon the Contractor's submittals such as shop drawings, product data, and samples in accordance with the requirements of the Contract Documents. 3.10 The Consultant will prepare change orders in accordance with the requirements of GC 11 — CHANGES IN THE WORK. 3.11 The Consultant will conduct inspections to determine the dates of Substantial Performance of the Work and Total Performance of the Work in accordance with the requirements of GC 14 — CERTIFICATES AND PAYMENTS. He 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 his acceptance. 3.12 If the Owner and the Consultant agree the Consultant will provide at the site one or more project representatives to assist the Consultant in carrying out his responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 3.13 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents will not be modified or extended without the written consent of the Owner, the Contractor and the Consultant. 3.14 In the event of the termination of the employment of the Consultant, the Owner shall immediately appoint a Consultant to whom the Contractor makes no reasonable objection and whose status under the Contract shall be that of the former Consultant. 3.15 Nothing contained in the Contract Documents shall create any contractual relationship between the Consultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other per- sons performing any of the Work. 10 CCDC 2 — 1982 File 00710 GC4 DELAYS 4.1 If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, Consultant, Other Contractor, 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 decide 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. 4.2 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 Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 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 decide in consultation with the Contractor, but in no case shall the extension of time be Tess than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner. 4.4 No extension shall be made for delay unless written notice of claim is given to the Consultant not later than fourteen (14) 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. 4.5 If no schedule is made under GC 2 — ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (14) days after demand for such instructions has been made and not then unless such claim is reasonable. 4.6 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. GC5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 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, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the default in the five (5) working days immediately following the receipt of such notice. 5.3 If the correction of the default cannot be completed in the five (5) working days specified, the Contractor shall be in compliance with the Owner's instructions if he: (a) commences the correction of the default within the specified time, and (b) provides the Owner with an acceptable schedule for such correction, and (c) completes the correction in accordance with such schedule. 5.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: (a) correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 5.5 If the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall: (a) be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and (b) withhold further payments to the Contractor until the Work is finished, and CCDC 2 — 1982 File 00710 11 (c) upon Total Performance of the Work, 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 his 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 24 — 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, he shall pay the Contractor the difference, and (d) on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to his work under GC 24 — 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. 5.6 If a performance bond has been provided by the Contractor the provisions of this General Condition shall be exercised in accordance with the conditions of such performance bond. 5.7 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by him up to the time of termination shall continue in force after such termination. GC 6 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT 6.1 If the Owner should be adjudged bankrupt or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. 6.2 If the Work should be stopped or otherwise delayed for a period of thirty (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 him, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner written notice, ter- minate the Contract. 6.3 The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default of his contractual obligations if: (a) the Consultant fails to issue a certificate in accordance with the provisions of GC 14 — CER- TIFICATES AND PAYMENT, or (b) the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or (c) the Owner violates the requirements of the Contract to a substantial degree and the Consultant confirms by written statement to the Contractor that sufficient cause exists. ten (10) The Contractor's written notice to the Owner shall advise that if the default is not corrected in theme) SGC -4 working days immediately following the receipt of the written notice the Contractor may, without pre - judice to any other right or remedy he may have, stop the Work or terminate the Contract. 6.4 If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paid for all work performed including reasonable profit and 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. GC 7 DISPUTES 7.1 Differences between the parties to the Contract as to the interpretation, application or administration of this 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 decision of the Consultant pursuant to the provisions of GC 3 CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the re- quirements of this General Condition. 7.2 The claimant shall give written notice of such dispute to the other party no later than thirty (30) days after the receipt of the Consultant's decision given under GC 3 — CONSULTANT, paragraph 3.7. Such notice shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the relevant provisions of the Contract Documents. The other party shall reply to such notice no later than fourteen (14) days after he receives or is considered to have received it, setting out in such reply his grounds and other relevant provisions of the Contract Documents. 12 CCDC 2 — 1982 File 00710 7.3 If the matter in dispute is not resolved promptly the Consultant will give such instructions as in his 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 they may have. If it is subsequently determined that such in- structions 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 he was required to do beyond what the Contract Documents correctly understood and interpreted would have required him to do, in- cluding costs resulting from interruption of the Work. 7.4 It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the instructions as provided in paragraph 7.3. 7.5 If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the arbitration legislation of the Place of the Work. 7.6 If no provision or agreement is made for arbitration then either party may submit the dispute to such judicial tribunal as the circumstances may require. 7.7 In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. GC8 ASSIGNMENT 8.1 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. GC9 OTHER CONTRACTORS 9.1 The Owner reserves the right to let separate contracts in connection with the Project of which the Work is a part, or do certain work by his own forces. 9.2 When separate contracts are awarded for different parts of the Project, or work is performed by the Owner's own forces, the Owner shall: (a) provide for the co- ordination of the work of his own forces and of each separate contract with the Work of this Contract, and (b) ensure that insurance coverage is provided to the same requirements as are called for in GC 20 — IN- SURANCE. Such insurance shall be co- ordinated with the insurance coverage of this Contractor as it affects the Work of this Contract. 9.3 The Contractor shall co- ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract Documents. If there is a change in the scope of the work re- quired for the planning and performance of this co- ordination and connection, the changes shall be authorized in accordance with GC 11 — CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 9.4 The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors' work except as to those of which he was not reasonably aware. 9.5 The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other Contractors. GC 10 SUBCONTRACTORS 10.1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to: - (a) enter into contracts or written agreements with his Subcontractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract Documents, and (b) be as fully responsible to the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly employed by them as for ?cts and omissions of persons directly employed by him. The Contractor therefore agrees that he will incorporate the terms and conditions of the Contract Documents into all subcontract agreements he enters into with his Subcontractors. CCDC 2 — 1982 File 00710 13 10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the Owner at the signing of the Contract. 10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the Contractor to employ one of the other subcontract bidders. 10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be adjusted by the difference in cost and mark -up occasioned by such required change. 10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he may reasonably object. 10.6 The Consultant may, upon reasonable request and at his discretion, provide to a Subcontractor infor- mation as to the percentage or quantity of the Subcontractor's work which has been certified for payment. 10.7 Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 11 CHANGES IN THE WORK 11.1 Except as provided in GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK, paragraph 12.4: (a) the Owner, through the Consultant, without invalidating the Contract, may make Changes in the Work with the Contract Price and Contract Time being adjusted accordingly by written order, and (b) no Changes in the Work shall be proceeded with without a written order signed by the Owner and no claim for a change in the Contract Price or change in the Contract Time shall be valid unless so ordered and at the same time valued or agreed to be valued as provided in GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. GC 12 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK 12.1 The value of a change shall be determined in one or more of the following methods: (a) by estimate and acceptance in a lump sum; (b) by unit prices set out in the Contract or subsequently agreed upon; (c) by cost and a fixed or percentage fee. 12.2 When a change in the Work is proposed or required the Contractor shall present to the Consultant for approval his claim for a change in the Contract Price and change in Contract Time with appropriate documentation in a form acceptable to the Consultant. The Consultant will satisfy himself as to the correctness of such claim and, when approved by the Owner, a change order shall be issued to the Con- tractor amending the Contract Price and Contract Time as appropriate. The value of work performed in the change shall be included for payment with the regular certificates for payment. 12.3 In the case of changes in the Work to be paid for under methods (b) and (c) of paragraph 12.1, the form of presentation of costs and methods of measurement shall be agreed to by the Consultant and Contractor before proceeding with the change. The Contractor shall keep accurate records, as agreed upon, of quan- tities or costs and present an account of the cost of the change in the Work, together with vouchers where applicable. 12.4 If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot be promptly agreed upon and the change is required to be proceeded with then the Consultant in the first instance will determine the method of valuation, measurement, the change in Contract Price and Contract Time subject to final detemination in the manner set out in GC 7 — DISPUTES. In this case the Consultant will, with the consent of the Owner, issue a written authorization for the change setting out the method of valuation and if by lump sum his valuation of the change in Contract Price and Contract Time. 12.5 In the case of a dispute in the valuation of a change authorized in the Work and pending final determination of such value, the Consultant will certify the value of work performed in accordance with his own evaluation of the change and include the amount with the regular certificates for payment. The Con- tractor shall keep accurate records of quantities and cost of such work. 12.6 It is intended in all matters referred to above that both the Consultant and Contractor shall act promptly. 14 CCDC 2 — 1982 File 00710 GC 13 APPLICATIONS FOR PAYMENT 13.1 Applications for payment on account may be made monthly as the Work progresses. 13.2 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. 13.3 The Contractor shall submit to the Consultant, at least fourteen (14) days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Con - tract Price and divided so as to facilitate evaluation of applications for payment. 13.4 This schedule shall be made out in such form and supported by such evidence as to its correctness as the Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for applications for payment, unless it be found to be in error. 13.5 When making applications for payment, the Contractor shall submit a statement based upon this schedule. 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. 13.6 Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 — CER- TIFICATES AND PAYMENTS. GC 14 CERTIFICATES AND PAYMENTS Iv/pricing 14.1 The Consultant will, no later than ten (10) days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 — APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A -4 — PAYMENT no later tha 4 ) DIN after the issuance of a certificate for payment by the Consultant. thirty orking 14.3 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no later than seven (7) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate. The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14.4 Immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment 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 holdback monies properly retained. 14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when such certificates were issued. CCDC 2 — 1982 File 00710 15 working ,14.7 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor forSGC.8 payment upon Total Performance of the Work, make an inspection and as the Work to verify the validity of the application. The Consultant will, no later than seven (7) ay� his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant finds that Total Performance of the Work has been reached he will issue a certificate of Total Performance of the Work and certify for payment the remaining monies due to the Contractor under the Contract less holdback monies which are required to be retained. The date of Total Performance of the Work shall be as stated in this certificate. Subject to the provisions of GC 18 — WORKERS' COMPENSATION INSURANCE, paragraph 18.1 the Owner shall, no later tha it >i'!'' d�yfter the issuance of such cer- tificate, make payment to the Contractor in accordance with t e pro ions of Article A -4 — PAYMENT. 14.8 The release of the remaining holdback monies shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work, or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, con- struction machinery and equipment and other indebtedness which may have been incurred by the Con- tractor in the Total Performance of the Work and for which the Owner might in any way be held responsi- ble have been paid in full except holdback monies properly retained. 14.9 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 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 work is finished only such monies as the Consultant determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner from claims. 14.10 No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of work or products which are not in accordance with the requirements of the Contract Documents. 14.11 All certificates issued by the Consultant shall be to the best of his knowledge, information and belief. By issuing any certificate the Consultant does not guarantee the correctness or completeness of the Work. 14.12 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work, 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 Con- tractor except one or more of the following: (a) those made in writing prior to the date of Total Performance of the Work and still unsettled; (b) those arising from the provisions of GC 19 — INDEMNIFICATION or GC 24 — WARRANTY; In the Common Law provinces GC 14.12(c) shall read as follows: (c) those made in writing within a period of six years from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from his 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 14. 12(c) shall read as follows: (c) those arising under the provisions of Article 1688 of the Civil Code. 14.13 As of the date of Total Performance'of the Work, as set out in the certificate of Total Performance of the Work, 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 those made in writing prior to the Contractor's application for payment upon Total Performance of the Work and still unsettled. 14.14 Notwithstanding GC 1 — DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A -5 — RIGHTS AND REMEDIES paragraph (a) or GC 22 — DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern. 16 CCDC2 — 1982 File00710 GC 15 TAXES AND DUTIES 15.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales taxes, customs duties and excise taxes with respect to the Contract. 15.2 Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract, the procedure shall be as established in the Supplementary Conditions 15.3 Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the date of the tender shall increase or decrease the Contract Price accordingly. GC 16 LAWS, NOTICES, PERMITS AND FEES 16.1 The laws of the Place of the Work shall govern the Work. 16.2 The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which are in force at the date of tender closing, but this shall not include the obtaining of permanent easements or rights of servitude. 16.3 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction 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. 16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work. If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse- quent to the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc- tion immediately such variance or change becomes known to him. The Consultant will make the changes required to the Contract Documents in accordance with GC 11 — CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 — VALUATION AND CERTIFICA- TION OF CHANGES IN THE WORK. 16.5 If the Contractor fails to notify the Consultant in writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders. GC 17 PATENT FEES 17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He 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 he may be liable. 17.2 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 18 WORKERS' COMPENSATION INSURANCE 18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or territory of the Place of the Work with respect to workers' compensation insurance including payments due thereunder. 18.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by himself and his Subcontractors. CCDC 2 — 1982 File 00710 17 GC 19 INDEMNIFICATION 19.1 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 by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract (hereinafter called "claims "), provided such claims are: (a) attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible pro- perty, and (b) caused by negligent acts or omissions of the Contractor or anyone for whose acts he may be liable, and (c) made in writing within a period of six years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. 19.2 The obligation of the Contractor to indemnify hereunder shall be limited toe million dollars per SGC.9 occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit oinE million dollars. 19.3 The Owner shall indemnify and hold harmless the Contractor, his agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out 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. 19.4 Notwithstanding GC 1 — DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A -5 — RIGHTS AND REMEDIES paragraph (a) or GC 22 — DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern. GC 20 INSURANCE 20.1 Without restricting the generality of GC 19 — INDEMNIFICATION, the Contractor shall provide, maintain and a fpr the su anca cgver s listed in this General Condition unless otherwise stipulated: tiie unicipaliety of Cla nngton and the Consultants as Additional Insured) (a) Genera Liability Insurance: General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant SOC.1O with limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of five hundred dollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be maintained continuously from commencement of the Work until twelve (12) months following the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work,or until the certificate of Total Performance of the Work is issued, whichever is the later, and with respect to completed operations coverage for a period of not less than twenty four (24) months from the date of Total Performance of the Work, as set out in the certificate of Total Per- formance of the Work, and thereafter to be maintained for a further period of four (4) years. Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property, building or land; CCDC Form 101 as required shall include Endorsement CCDC Form 101 -2. (b) Automobile Liability Insurance: two Automobile liability insurance in respect of licensed vehicles shall have limits of not less than] 90.11 million dollars inclusive per occurrence for bodily injury, death, and damage to property, in the follow- ing forms endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of any cancellation, change or amendment restricting coverage: (1) Standard non -owned automobile policy including standard contractual liability endorsement. (2) Standard owner's form °automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor. t and Watercraft Liability Insurance: Aircraft as - •' i insurance with respect to owned or non -own . and watercraft SGC.12 if used directly or in n the p • - ce of the Work, in • =• -- o additional premises, shall be subject to limits of not less t - • milli -.. i ev per occurrence for bodily injury, death, and damage to property includin• `• i not less than one million dollars for aircraft passenger haz- insurance shall be h Owner. The policies shall be end • =. • ovide the Owner with not less than •tice in advance of ca � • o change or amendment restricting coverage. reof and orm accepts • • be t he n fl ' = • 15) days writt 18 CCDC 2 — 1982 File 00710 Id) Property and Boiler 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 one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con - tinuously from commencement of use or operation of the property insured and until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty (30) days writ- ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior"to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, as in sub- paragraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occu- pancy 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 event of a Toss 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 and himself for the purpose of adjusting the amount of such Toss or damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable ex- tension of Contract Time relative to the extent of the Toss or damage as the Consultant may decide in consultation with the Contractor. (5) Payment for loss or damage: 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 ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. 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) 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 21 — PRO- TECTION OF WORK AND PROPERTY and GC 22 — DAMAGES AND MUTUAL RESPON- SIBILITY. (7) In the event of loss or damage to the Work arising from the work of an Other Contractor, the Owner, in accordance with his obligations under GC 9 — OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration, of the Work proceeds and in accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. (e) 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 fifteen (15) days written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self- insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. 20.2 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. CCDC 2 — 1982 File 00710 19 20.3 The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa- tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance. 20.4 If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor and the Consultant. The cost thereof shall be payable by the Con- tractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC21 PROTECTION OF WORK AND PROPERTY 21.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage and shall be responsible for damage which may arise as the result of his operations under the Contract except damage which occurs as the result of: (a) errors in the Contract Documents; (b) acts or omissions by the Owner, the Consultant, Other Contractors, their agents and employees. 21.2 Should the Contractor in the performance of this 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 of such damage at his expense. 21.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible as provided in paragraph 21.1 he shall make good such damage to the Work and if the Owner so directs to the Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 — CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. GC 22 DAMAGES AND MUTUAL RESPONSIBILITY 22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom he is responsible in law, then he shall be reimbursed by the other party for such damage. The party reimbursing the other 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. 22.2 Claims under this General Condition shall be made in writing to the party liable within reasonable time after the first observance of such damage and may be adjusted by agreement or in the manner set out in GC 7 — DISPUTES. 22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon due notice to settle with such Other Contractor by agreement or arbitration, if he will so settle. If such Other Contractor sues 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. If a final order or judgment against the Owner arises therefrom the Contractor shall pay or satisfy it and pay the costs incurred by the Owner. 22.4 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 compe- tent jurisdiction. GC 23 BONDS 23.1 The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents. 23.2 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 fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. GC 24 WARRANTY 24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. 24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects or deficiencies in the Work which appear prior to and during the period of one year from the date of Substan- tial Pe; formance of the Work, as set out in the certificate of Substantial Performance of the Work, or such longer periods as may be specified for certain products or work. 24.3 During the period provided in GC 3 — CONSULTANT, paragraph 3.2, the Consultant shall promptly give the Contractor written notice of observed defects and deficiencies. 20 CCOC 2 — 1982 File 00710 24.4 The Contractor agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. GC25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 25.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He 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. 25.2 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 safety legislation. 25.3 The Contractor shall have the,sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construc- tion methods required in their use. The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. 25.4 Notwithstanding the provisions of paragraphs 25.1 and 25.3, or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary structural and other temporary 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 that he is responsible for the execution of the Work. 25.5 The Contractor shall review the Contract Documents and shall promptly report to the Consultant any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the best of his knowledge, information and belief and in making such review the Contractor does not assume any respon- sibility 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 he did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents he shall not proceed with the work affected until he has received corrected or mis- sing information from the Consultant. 25.6 The Contractor shall prepare and update as required a construction schedule indicating the timing of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time. The schedule shall be submitted to the Owner and the Consultant for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Consultant of any revisions required as the result of delays as provided in GC 4 — DELAYS, indicating the results expected from the resultant change in schedule. GC26 SUPERINTENDENCE 26.1 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. 26.2 The supervisor shall be satisfactory to the Consultant and shall not be changed except for good reason and only then after consultation with the Consultant. 26.3 The supervisor shall represent the Contractor at the Place of the Work and instructions given to him by the Consultant shall be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing; other instructions shall be so confirmed if requested. GC 27 LABOUR AND PRODUCTS 27.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for labour, products, tools, construction machinery and equipment, water, heat, Tight, power, transporta- tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. 27.2 Products provided shall be new unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant. 27.3 The Contractor shall maintain good order and discipline among his employees engaged on the Work and shall not employ on the Work anyone not skilled in the task assigned to him. CCDC 2 — 1982 File 00710 21 GC 28 SUBSURFACE CONDITIONS 28.1 The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions at the Place of the Work differ materially from those indicated in the Contract Documents, or a reasonable assumption of probable conditions based thereon. 28.2 After prompt investigation, should the Consultant determine that conditions do differ materially, he will issue appropriate instructions for changes in the Work in accordance with GC 11 — CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. GC29 USE OF THE WORK 29.1 The Contractor shall confine his apparatus, the storage of products, and the operations of his employees to limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonably encumber the premises with his products. 29.2 The Contractor shall not Toad or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC30 CLEANUP AND FINAL CLEANING OF THE WORK 30.1 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. 30.2 Upon attaining Substantial Performance of the Work, the Contractor shall remove his surplus products, tools, construction machinery and equipment not required for the performance of the remaining work. He shall also remove waste products and debris other than that caused by the Owner, Other Contractors or their employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwise specified. 30.3 Total Performance of the Work shall not be attained until the Contractor has removed his surplus products, tools, construction machinery and equipment. He shall also have removed waste products and debris, other than that caused by the Owner, Other Contractors or their employees. GC31 CUTTING AND REMEDIAL WORK 31.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. 31.2 The Contractor shall co- ordinate the Work to ensure that this requirement is kept to a minimum. 31.3 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 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 31.4 Cutting and remedial work shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger the Work. GC32 INSPECTION OF THE WORK 32.1 The Owner and the Consultant or their authorized agents or representatives shall at all times have access to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant or their authorized agents or representatives shall be given access to such work whenever it is in progress. 32.2 If work is designated for special 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 timely notice requesting inspection. Inspection by the Consultant shall be made promptly. The Contractor shall arrange for inspections by other authorities and shall give the Consultant timely notice of the date and time. 32.3 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, he shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed and make good such work at his own expense. CCDC 2 — 1982 File 00710 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two (2) copies of certificates and inspection reports relating to the Work. GC 33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re- executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expense. 33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant. GC 34 SHOP DRAWINGS 34.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of the Work. 34.2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request. 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined and verified all field measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and that he has checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34.4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings. Shop drawings shall be submitted in the form of reproducible transparencies or prints as the Consultant may direct. 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. 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design concept and for general arrangement only and such review shall pot relieve the Contractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant. 34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consultant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC 35 CASH ALLOWANCES 35.1 The Contract Price includes cash allowances stated in the Contract Documents. 35.2 Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. 35.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. CCDC 2 — 1982 File 00710 35.4 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 allowance for overhead and profit as set out in the Contract Documents. 35.5 The Contract Price shall be adjusted by written order to provide for any excess or deficit to each cash allowance. 35.6 Progress payments on account of work authorized under cash allowances shall be included in the Consultant's monthly certificates for payment. 35.7 A schedule shall be prepared jointly by the Consultant and Contractor to show when items called for under cash allowances must be authorized by the Consultant for ordering purposes so that the progress of the Work will not be delayed. GC 36 CONTINGENCY ALLOWANCE 36.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 36.2 Expenditures under the contingency allowance shall be authorized in accordance with GC 11 — CHANGES IN THE WORK, and the value shall be determined in accordance with GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 36.3 The Contract Price shall be adjusted by written order to provide for any excess or deficit in the contingency allowance. 24 CCDC 2 — 1982 File 00710