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HomeMy WebLinkAbout2002-075 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2002- 075 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Barry-Bryan Associates (1991) Limited, Whitby, Ontario, to enter into an agreement for the Architectural Services for the Memorial Arena Expansion, Newcastle, Ontario. 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 with the Corporation Seal, a contract between Barry-Bryan Associates (1991) Limited, Whitby, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 27TH, day of May, 2002. By-law read a third time and finally passed this 27th day of May, 2002. -~ ~ _/-,.:; - ,"'. - v. '":"'"...-!,.-..~ I I Architedurallnstitute of British Columbia Alberta Association of Architects Saskatchewan Association of Architeds Manitoba Association of Architects Ontario Association of Architects Ordre des architectes du Quebec Architects' Association of New Brunswick Nova Scotia Association of Architeds Architeds Association of Prince Edward Island Newfoundland Association of Architects In partnership with: The Royal Architedurallnstitute of Canada Document Seven RECEIVED MAY 1.;i 2002 OPERATIONS DEPT. RECEIVED MAY 1 .~ Z002 MUNICIPALITY PURCHASING 0,; CLCiiirin 0. LewJiR. the way'gltl Municipality of Clarington EXECUTED CONTRACT Canadian Standard Form of Agreement between Client and Architect Abbreviated Version DOCUMENT SEVEN The National Practice Program CNPP) is a part- nership between the ten Provincial Associations of Architecture and the Royal Architectural Institute of Canada CRAlC). This document has been developed by the NPP on behalf of the architectural profession in Canada, represented by these member associa- tions: Architectural Institute of British Columbia Alberta Association of Architects Saskatchewan Association of Architects Manitoba Association of Architects Ontario Association of Architects Ordre des architectes du Quebec Architects Association of New Brunswick Nova Scotia Association of Architects Architects Association of Prince Edward Island Newfoundland Association of Architects Royal Architectural Institute of Canada Enquiries on the application and use of this document should be directed to the appropriate provincial Association of Architecture. Suggestions on the development of standard contract documents can be forwarded in writing to: National Practice Program c/o Royal Architectural Institute of Canada Suite 330, 55 Murray Street Ottawa, Ontario KIN 5M3 Copyright 1997 Must not be copied in whole or in part without wrinen permission of the NPP. 1997 Edition Contents Agreement Between Client and Architect Abbreviated Version 1. Definitions 2. Responsibilities 2.1 Architect'S Services & Client's Responsibilities 2.2 Statutes, Regulations, Codes & By-lawS 2.3 Estimates of Construction Cost 2.4 Additional Services 2.5 Client Information 3. General Conditions 3.1 Copyright and Use of Documents 3.2 Liability of the Architect 3.3 Project Suspension or Abandonment 3.4 Termination 3.5 Extent of Agreement 3.6 Dispute Resolution 3.7 Architect's Right to Stop Rendering Services 4. professional Fees and Reimbursable Expenses 4.1 Professional Fees 4.2 Initial Payment 4.3 Percentage Based or Fixed Fee and Hourly Rates 4.4 Calculating Percentage Based Fees 4.5 Invoices 4.6 Additional Services 4.7 Reimbursable Expenses 4.8 Changes & Adjustments 4.9 Interest 5. Other Conditions Schedule "A" Schedule of Architect's Services and Client's Responsibilities \ I I , , I I I I I I I I I I I I I I I I I I I I Canadian Standard Form of Agreement Between Client and Architect Abbreviated Version DOCUMENT SEVEN 1997 Edition Agreement made as of the 30 and one day of November in the year of two thousand Between the Client: (Include name and address) Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 and the Architect: (Include name and address) Barry 0 Bryan Associates (1991) Limited 11 Stanley Court, Unit 1 Whitby, Ontario L1N 8P9 For the following Project: (Include name, address and description) Newcastle Memorial Arena Expansion Municipality of Clarington RFP 2001-10 The Client and the Architect agree as set forth in the following terms and conditions. 1. Definitions , Construction 1.1 The Construction Budget is the Client's estimated Construction Cost. Budget including contingencies for cost increases. , Construction Cost 1.2 1.2.1 Construction Cost means the contract price(s) of all Project elements ' designed or specified by or on behalf of the Architect, Construction Management fees if applicable, permit fees, including building per- mit fees, contingency amounts, and all applicable taxes including o such value added taxes as the GST, whether recoverable or not. Where there is no contract price for all or part of the Project, the Construction Cost shall be the estimated cost of construction as deter- mined by the Architect, or professional Cost Consultant, at market ' rates at the anticipated time of construction. Construction Cost does not include the compensation of the Architect, the Architect's con- sultants; the land cost, or other costs which are the responsibility of the Client. U 1.2.2 In the event that the Client furnishes labour or material below mar- y ket cost or old materials are re-used, the Construction Cost for pur- poses of establishing the Architect's fee is the cost of all materials and labour necessary to complete the Work as if all materials had been new, and as if all labour had been paid for at market prices at the time of construction; or, in the event that the construction does not Z proceed, at existing market prices at the anticipated time of con- U struction. n� Construction 1.3 Construction Documents consist of drawings and specifications set- Documents ting forth in detail the requirements for the construction of the ' Project. n� Design 1.4 Design Development Documents consist of drawings and other doc- Development uments appropriate to the size of the Project, to fix and describe the Documents size and character of the entire Project as to the architectural, struc- tural, mechanical, and electrical systems, materials and such other elements as may be appropriate. �o General 1.5 General Review means an examination of the Project at intervals Review appropriate to the stage of construction which the Architect consid- ers necessary to determine whether the construction is in general ' conformity with the contract documents, and the reporting thereon. Schematic 1.6 Schematic Design Documents consist of documents which illustrate ' Design the scale and character of the Project and how the parts of the Project Documents functionally relate to each other. U Bank Rate 1.7 Bank Rate means the bank rate established by the Bank of Canada as ' the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. N1 I I I Responsibilities The Architect's services and Client's responsibilities are as set out in Schedule "A" attached herewith. I The Architect shall review statutes, regulations, codes and by-laws applicable to the design and where necessary review the same with the authorities having jurisdiction in order that the required consents, approvals, licences and permits necessary for the Project can be applied for and obtained by the Client. I ~ a .~ ~ ~ ~ ~ .... ;;:, ~ ~ ~ ~ I ..... I..l ~ ~ l2 ~ ~ ~ ~ ~ t3 ~ ~ ~ ..... ~ ..... ~ ~ E ~ ~ ~ '"& E l-. ~ ~ ~ ~ ~ V) ~ .~ .;;; ~ ~ a The Client shall furnish information, surveys, reports and services as set out in Schedule A, the accuracy and completeness of which the Architect shall be entitled to rely on and contracts for the provision of such information, surveys, reports and services, whether arranged by the Client or the Architect, shall be considered direct contracts with the Client unless explicitly provided otherwise. I Where the Architect prepares estimates of the Construction Cost for the Client, the Architect does not warrant the accuracy of such esti- mates as matters of cost are beyond the Architect's control. For the acceptance of the Client, the Architect shall review and revise these estimates as the preparation of drawings and specifications proceeds. I The following services by the Architect are Additional Services and shall be provided with the written authorization of the Client: (a) services required beyond those already provided which are required due to revisions or additions to the program of require- ments, the construction budget or to previously approved docu- ments prepared by the architect, (b) services required by the enactment or revisions of statutes, regu- lations, codes or by-laws, (c) services due to the interpretation of the authorities having juris- diction differing from the Architect's interpretation of statutes, regulations, codes and by-laws in such a way as the Architect cannot reasonably anticipate, (d) services due to other causes beyond the control of the Architect, or (e) services not contemplated in Schedule "A". I I I I I I I I I I 0\ '"& tY') I I 2. 2.1 Architect's Services and Client's Responsibilities 2.2 2.3 2.4 2.5 Statutes, Regulations, Codes & By-Laws Estimates of Construction Cost Additional Services Client Information General Conditions I I I I ~ I 0 .... ~ ~ ~ ~ I \::l .... ;;:, ~ ...c ...c I ~ I .... ~ ~ .... I ..t:l l:: ~ .~ ~ \::l I .... ~ ~ t3 ~ I ~ ~ ~ ~ .... I ~ ~ E ~ ~ ~ I 'C> E ~ I ~ ~ ~ ~ I s V:l ~ \::l ~ I \::l ~ a I 0\ I 'C> '<:!< I I 3. Copyright and Use of Documents 3.1 3.1.1 Copyright for the design and drawings prepared by or on behalf of the Architect belong to the Architect. Plans, sketches, models, draw- ings, graphic representations and specifications, including computer- generated designs, are instruments of the Architect's service and shall remain the property of the Architect whether the Project for which they are made is executed or not. 3.1.2. Submissions or distribution of the Architect's plans, sketches, draw- ings, graphic representations and specifications to meet official regu- latory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 3.1.3 The Client shall be entitled to keep original models or architectural renderings the Client directly commissions and pays for. liability of the 3.2 Architect Hazardous Materials Project Suspension or Abandonment 3.2.1 In consideration of the premises and of provision of the services by the Architect to the Client under this Agreement, the Client agrees that any and all claims which the Client has or hereafter may have against the Architect in any way arising out of or related to the Architect's duties and responsibilities pursuant to this Agreement (hereinafter referred to in this Article 3 as "claims" or "claim"), whether such claims sound in contract or in tort, shall be limited to the amount of $250,000.00. The Architect in this paragraph includes officers, directors, Architects, his or her employees, representatives and consultants. 3.2.2 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the Project site, including but not. limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. 3.3 If the Project is suspended or abandoned in whole or in part for more than a total of 60 days, whether consecutive or not, the Architect shall be compensated within 30 days of the date that an invoice is ren- dered for all services performed, together with reimbursable expens- es then due and suspension expenses calculated in the same manner as termination expenses in paragraph 3.4.5. If the project is resumed after being suspended or abandoned in whole or in part for more than a total of 60 days, whether consecutive or not, the Architect's fee shall be equitably adjusted. ' 3.4 Termination Unless otherwise stated in this Agreement, the Architect's services ter- 3.4.1 ' minate one year after certification of substantial performance. For ser- vices required following expiry of the period of one year after certi- fication of substantial performance, the Client shall arrange with the Architect for services as provided under paragraph 2.4. This Agreement may be terminated by either parry upon seven days' 3.4.2 written notice should the other parry fail substantially to perform in accordance with its terms through no fault of the parry initiating the termination. This Agreement may be terminated by the Client upon at least seven 3.4.3 days' written notice to the Architect in the event that the Project is A permanently abandoned. � In the event of termination, the Architect shall be compensated with- 3.4.4 I in 30 days of the date that an invoice is submitted for all services per- °' formed to the effective termination date, together with reimbursable ' expenses and applicable taxes and all termination expenses as defined in paragraph 3.4.5. Termination expenses means expenses directly attributable to sus- 3.4.5 ' ;t pension or abandonment of the Project or termination of this VAgreement for which the Architect is not otherwise compensated, ' St and in addition, an amount computed as a percentage of the total fee for the Architect's basic services and additional services earned to time of termination, as follows: W 1. Twenty percent if suspension or termination occurs during ' schematic design phase; or 2. Ten percent if suspension or termination occurs during the design development phase; or 3 Five percent if suspension or termination occurs during a phase subsequent to the design development phase. This Agreement represents the entire and integrated agreement 3.5 Extent of w between the Client and the Architect and supersedes all prior ne o- Agreement tiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by ' both Client and Architect. 3.6 Dispute ' Resolution For purposes of Article 3.6, "dispute" means a disagreement arising 3.6.1 V out of or in connection with this Agreement, or in respect of any defined legal relationship associated with it or derived from it, and ' includes any failure to reach agreement where an agreement is required. The parties shall make all reasonable efforts to resolve a dispute by 3.6.2 C� amicable negotiations and agree to provide, on a without prejudice `ti basis, full and timely disclosure of relevant facts, information and ' documents to facilitate these negotiations. If the parties have been unable to resolve a dispute, either party may, by written notice, require the appointment of a mediator in accor- dance with the latest edition of the CCDC 40, "Rules for Mediation and Arbitration of Construction Disputes", to assist the parties to reach agreement. Unless the parties agree otherwise, the mediated negotiations shall be conducted in accordance with those Rules as amended as follows; 1. All references to "the Contract" are to be considered references to "this Agreement"; 2. For references in CCDC 40 to Schedule; time; Extension of time period; and termination if no agreement; the time period shall be adjusted from "10 Working Days" to read "15 calendar days". I I I I ~ I 0 .... t: ~ ~ ~ I l::l .~ ~ ..t:l ..t:l I ~ I .... \,..) ~ .... ...t:! I ~ ~ ~ ~ l::l I .... ~ <:u e ~ I ~ <:u l:Q .... I ~ <:u ~ ~ ~ I ~ ~ ~ ~ I ~ ~ ~ I ~ Vj ~ l::l .... ~ I l::l ~ a I 0\ I ~ \0 I I 3.6.3 3.6.4 3.6.5 3.6.6 Architect's Right 3.7 to Stop Rendering Services If the dispute has not been resolved within 15 calendar days after a mediator was appointed under paragraph 3.6.3, or within such fur- ther period agreed to by the parties, the mediator shall terminate the mediated negotiations by giving written notice. All unresolved disputes shall be referred to and finally resolved by arbitration under the latest edition of CCDC Document 40, " Rules for Mediation and Arbitration of Construction Disputes, as amended as follows; 1. All references to "the Contract" are to be considered references to "the Agreement"; and 2. The applicable date referring to Substantial Performance of the Work does not apply. Dispute resolution shall be conducted in the jurisdiction of the prin- cipal place of business of the Architect unless otherwise agreed. 3.7.1 If any invoice submitted by the Architect remains unpaid by the Client for sixty days or more from the date the invoice was submit- ted, the Architect may give seven days' written notice to the Client that the Architect will stop rendering services. 3.7.2 If within seven days of delivery of the notice in 3.7.1, the Client has not paid the Architect's invoice, or the Architect and the Client have not agreed in writing on terms for payment of the invoice, the Architect may stop rendering services on the Project, and in that event the Client shall not have any claim whatsoever against the Architect for any loss, cost, damage, or expense incurred or antici- pated to be incurred by the Client as a result. 3.7.3 The rights of the Architect given by Article 3.7 are in addition to and not in substitution for any other rights the Architect may have under this Agreement or otherwise for non-payment of the Architect's invoices by the Client. I I Professional Fees and Reimbursable Expenses I The Client shall pay professional fees and reimbursable expenses to the Architect when invoices are rendered as set forth in this article. I The Client shall pay an initial amount of . Nil dollars ($ Nil ) upon execution of this Agreement. The payment is the minimum payment under the Agreement, and shall be credited to the Client's account at final payment. I ;:: o .~ ~ ~ ~ ~ .~ ..t) ..t) ~ I .... ~ ~ '.. ~ l: ~ ~ ;:: ~ .... ~ e ~ ~ ~ ~ .... ~ ~ ;: ~ ~ ~ '& ;: l-. ~ l ~ ;:: ~ tIj ;:: ~ ~ ~ ;:: ~ Invoices shall be issued monthly. Where the fees are percentage based or a fixed fee, the fee for the Architect's services shall be apportioned to the phases of service as listed below, and the amounts invoiced shall be in proportion to the services performed within the phases. I A percentage fee as defined in 4.4 of N / A Percent (N/A 0/0 and! or A fixed fee of twenty-nine thousand, three hundred dollars ($ 29,300.00 ) and! or Hourly Rates shall be as set out under Paragraph 5.1 Schedule of Hourly Rates. I I When the fee for the Architect's services is percentage based, the applicable portion of the fee for each phase of the services shall be calculated on the following: I I Schematic Design Phase: the mutually agreed Construction Budget at the commencement of the phase. the approved estimate of Construction Cost at the commencement of the phase. the approved estimate of Construction Cost at the commencement of the phase. the approved estimate of the Construction Cost at the com- mencement of the phase. Design Development Phase: I Construction Documents Phase: I Bidding or Negotiation Phase: I Construction Phase - Contract Administration: the actual Construction Cost. I I I 4,395.00 4,395.00 13 , 185 . 00 1,465.00 5,860.00 or 15 or 15 or 45 or 5 or 20 Schematic Design Phase $ Design Development Phase $ Construction Documents Phase $ Bidding or Negotiation Phase $ Construction Phase- $ Contract Administration % % % % % I 0\ '& ........ I I $ 29.300.00 TOTAL: or 100% 4.1 4.2 4.3 4.4 4.5 4. . Professional Fees Initial Payment Percentage Based or Fixed Fee and Hourly Rates Calculating Percentage Based Fees Invoices Additional Services 4.6 I I I I $: I 0 .... t: ~ ~ ~ I ~ .... ;::. ~ ..tl ..tl I ~ I ..... \,,) ~ .... I ~ l:2 ~ ~ $: ~ I ..... $: \l) ij ~ I ~ ~ ..... I $: \l) ~ \l) ~ ~ I ~ ~ I ~ ~ ~ .$: I .S! V) $: ~ ~ I ~ $: a I 0\ I ~ 00 I I Reimbursable Expenses Changes & Adjustments Interest The fee for additional services as set out in paragraph 2.4 shall be based on the hourly rates in paragraph 5.1 or as otherwise mutually agreed with the Client. 4.7 The Client shall pay the Architect for reimbursable expenses in addi- tion to the Architect's professional fees, which shall include the actu- al expenditures of the Architect and the Architect's employees and consultants in the interest of the Project, pUmxxxx~xIDsmtk~ ~ as follows: 4.8 Ca) the expense of transportation in connection with the Project for authorized travel, including transportation, lodging and meals; (b) communication and shipping, including long distance telephone calls and facsimile messages, courier service, postage and elec- tronic conveyances; Cc) reproduction of plans, sketches, drawings, graphic representa- tions, specifications and other documents; Cd) renderings, plotting of computer-generated drawings, models, and mock-ups specifically requested by the Client. A disbursement allowance in the amount of $1,500.00 is included in the fixed fee. 4.8.1 If through no fault of the Architect, the services covered by this Agreement have not been completed within eleven (11) months after the date of this Agreement, the amounts of compensa- tion as set out in this Agreement shall be renegotiated. 4.8.2 In the event that new or additional taxes in respect of the services included in this Agreement are required by federal or provincial leg- islation after the Agreement is executed, the amount under this Agreement shall be adjusted to include such taxes. 4.8.3 Fees and reimbursable expenses may be subject to such value added taxes as the Federal Goods and Services Tax. The Client shall pay to the Architect, together with and in addition to any fees and reim- bursable expenses that become payable, any value added taxes that become payable in relation to the fees and reimbursable expenses as required by legislation. 4.9 Unpaid accounts shall bear interest at 5% per annum above the Bank Rate commencing 30 days after the date that the invoice for fees, reimbursable expenses and applicable taxes has been rendered by the Architect. I I I I I I I I I I I I I I I I I I I Other Conditions 5. 5.1 Schedule of hourly rates: Included in Architect's fee proposal dated November 19, 2001. ~ o .~ ~ ~ ~ .~ ~ ..c ..c ~ I .... '" ~ .... ..t: .~ ~ ~ ~ ~ .... ~ .~ t3 ~ ~ ~ ~ .... ~ ~ ~ ~ ~ 'es-. E ~ ~ ~ ~ ~ V') ~ ~ ~ ~ ~ (5 5.2 The agreed fees includes the Architect's services set out in this contract, the client's Request for Proposal RFP 2001-10 dated November 12, 2001, the Architect's proposal dated November 19, 2001 and the Architect's subsequent letter dated November 26, 2001 (collectively the Architect's services). 5.3 Included in the fixed fee is a $3,000.00 allowance for Project Specific Insurance. Ontario Association of Architects Certificate of Coverage dated December 21, 2001 is attached as Schedule 'B'. (Attach Additional Sheets. for Other Conditions as required) This Agreement entered into as of the day and year first above written. aient by MCL.'IO"- Qpr~\t ---.;.-...- Witness Architect Barry 0 Bryan Associates (1991) Limited 0\ 'es-. 0\ , .........:--~ ~ ~ by Witness I I I I I I I I I I I I I I I I I I I Schedule "A" Schedule of Architect's Services and Client's Responsibilities ARCHITECT'S ADDI- CliENT'S NOT ITEM TlONAL RESPON- APPliC- SERVICES . SERVICES SIBIliTlES ABLE Statement of Requirements or Building Program X Measured Drawings X Certified Land Survey X Z ~~ Geotechnical or Soil Report X I~ Construction Budget X ~ Toxic and Hazardous Materials Report X Other: Review and Client Approval to be Obtained Before Proceeding to Next Phase Structural Enginee~g Services X ~ Mechanical Engineering Services X Electrical Engineering Services X Landscape Architectural Services ~ X 8 . Cost Estimating Services X Other: Review of Program of Client's Requirements X U Investigate Existing Conditions X . . r~ Schematic Design Documents ~~ X ~~ Estimate of Construction Cost X uQ rIJ Other: Review and Client Approval to be Obtained Before Proceeding to Next Phase ~ Design Development Documents X ~~~ Estimate of Construction Cost X ~~~ ~S Other: Q~~ Review and Client Approval to be Obtained Before Proceeding to Next Phase Q A.I I Schedule "A" I I I ARCHITECT'S ADDI- CLIENT'S NOT ITEM TIONAL RESPON- APPLIC- SERVICES SERVICES SIBILITIES ABLE Drawings X Z Specifications X Ofl) 6~~ Estimate of Construction Cost X ~~~ Preparation of Bidding Information and Construction Contract Conditions X ~O~ O~ Other U Review and Client Approval to be Obtained Before Proceeding to Next Phase Bid Call X =:Z Bid Receipt and Review X 00 ~~~ Contract Negotiations X ~g~ Preparation of Contract X ~~ Other OFFICE FUNCTIONS Obtain Proof of Bonds and Insurance Policies X ~ Review Construction Schedule X ~ Supplementary Details and Instructions X ~ Shop Drawing Review X Change Orders X ~ Review Contractors Documentation at n Project Completion X FIELD FUNCTIONS ~i Site Meetings X Site Visits X ~8 Consultant Co-ordination X ~ Ins~ection & Testing Services Z X 8 CSu )ject to paragraph 2.5) Contract Document Interpretation X ~ Certificate for Payment Review X fI) 8 Substantial Performance Certification X Twelve Month Warranty Review X Other: I I I I I I I I I I I I I I A.2 I I I I I I I I I I I I I I I I I I I I Schedule "A" ARCHITECT'S ADDI- CUENT'S NOT ITEM TIONAL RESPON- APPUC- SERVICES SERVICES SIBIUTIES ABLE Zoning or Land Use Amendment X Site Development Review X ~ Development Approval! Agreement X ~ Zoning By-law Variance/Development Appeal X Building Permit X Other: ,-... zl Planning X 8 Health X ~ "'u Work/Roads/Engineering X ~~ 0 ~~ ts Conservation X !fa ~~ Other: ~~ rlJO ~~ Housing X Labour X O~ ~ ~~ Health X rIJ a n Fire Marshal X ~ Elevating Devices X ~~ ~~ ~ Transportation X h Communications X Environment X ~~ Social and Family Services ~ X Municipal Board X Liquor Licensing Board X Other: a CMHC X Other: ~ A.3 I I I I I I I I I I I I I I I I I I I Schedule "B" Ontario Association of Architects INDEMNITY PLAN POLICY NO.4 Certificate of Coverage Certificate Of Coverage No. S 1210-15-2422 1. NAMED PERSON INDEMNIFIED Barry.Bryan Associates (1991) Limited, Architects, Engineers in its capacity as a holder of a Certificate of Practice in respect of the project known as "Newcastle Memorial Arena Expansion, Municipality of Clarington, Project No. 01189" 2. PERIOD OF COVERAGE Inception Date 10 December 2001 12:01 a.m. Standard Time Expiration Date 10 December 2003 12:01 a.m. Standard Time at the address shown on the Register as required by Section 27 of the Architects Act. 3. LIMITS OF LIABILITY Claim Limit $1,000,000.00 Aggregate Limit $1,000,000.00 4. DEDUCTIBLE $ 5,000.00 each claim 5. FIXED PREMIUM 6. APPENDIX NO(S). 1 ' Form[s) part of this Certificate of Coverage. Signed ;, \ f-L<."--'- General Manager Dated ~ dllo( OAA-IP-FORM 2d-99 CONTRACT DOCUMENTS NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT Municipality of Clarington Tender No. CL2002-28 BARRY . BRYAN ASSOCIATES (19911 LIMITED ArchitflCts, Engineers, Landscape Architect, Project Managers 11 Stanley Court, Unit 1 Whitby, Ontario Canada L 1 N 8P9 Telephone: 905 666-5252 Toronto: 905427-4495 Fax: 905 666-5256 E-mail: bba@bba-archeng.com Web Site: www.bba.archeng.com Project No. 02067 August 19,2002 II I I I I I I I I I I I I I I I I I I Standard construction document eeDe Stipulated price contract This agreement is protected by cc;>>pyrigtlta' eb the partie~to:~ 'on of eeDe 2 - 19 nt that moditli:: supplementary conditions. ~ ~ D ~ Canadian construction documents commit~~ -~m_--T Project: Newcastle Memorial Arena Roof Replacement. Municipalitv of Clarinqton Tender No. CL2002-28 2 1994 I I Standard Construction Document - CCDC 2 - 1994 I AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the Nineteenth day of August in the year Two Thousand and Two I by and between I The Municipaiity of Clarington I hereinafter called the "Owner" I and I Barr's Roofing, Siding & Sheet Metal Ltd. I hereinafter called the "Contractor" I The Owner and the Contractor agree as follows: ARTICLE A-I THE WORK I The Contractor shall: I 1.1 perform the Work required by the Contract Documents for Newcastle Memorial Arena Roof Replacement. Municipality of Clarington which have been signed by the parties, and for which Barry. Bryan Associates (1991 ) Limited is acting as and is hereinafter called the "Consultant" and I I 1.2 do and fulfill everything indicated by this Agreement, and I I 1.3 commence the Work by the Twentieth day of August in the year Two Thousand and Two and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Peiformance of the Work, by the First day of November in the year Two Thousand and Two. I I eeDe 2 - 1994 File 00502 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I ARTICLE A-2 AGREEMENTS AND AMENDMENTS !I I 2.1 The Contract supersedes all prior negotiations, representations, or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A-3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. I ARTICLE A-3 CONTRACT DOCUMENTS I 3.1 The following are the Contract Documents referred to in Article A-I of the Agreement - THE WORK: . Agreement Between Owner and Contractor . Definitions . The General Conditions of the Stipulated Price Contract I 3.2 Addendum No.1 dated July 26,2002 ................................................... 1 page I 3.3 Addendum No.2 dated August 6, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 pages I 3.4 Tender Form submitted by Barr's Roofmg, Siding & Sheet Metal Ltd. dated August 12, 2002 ...... 5 pages 3.4.1 Appendix 'A' - Bidders Experience Form (submitted with Tender) . . . . . . . . . . . . . . . . . . . . . .. 1 page 3.4.2 Agreement to Bond and Consent of Surety issued by CGU Insurance Company of Canada dated August 1,2002 (submitted with Tender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 page 3.4.3 WSIB Fax Cover Sheet dated August 7,2002 (submitted with Tender) . . . . . . . . . . . . . . . . . . .. 1 page 3.4.4 Cost and Frequency Record (submitted with Tender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 pages 3.4.5 Contractor Safety Policy and Procedure (submitted with Tender) . . . . . . . . . . . . . . . . . . . . . .. 6 pages 3.4.6 WSIB Clearance Certificate dated July 17, 2002 (submitted with Tender) ................. 1 page I I 3.5 Certificate ofInsurance issued by Royal Insurance dated August 19, 2002 . . . . . . . . . . . . . . . . . . . . . .. 1 page 3.6 General Power of Attorney issued by CGU Insurance Company of Canada dated January 1,2000 .... 1 page I 3.7 Performance Bond issued by CGU Insurance Company of Canada dated August 20,2002 ......... 2 pages I 3.8 Labour and Material Payment Bond issued by CGU Insurance Company of Canada dated August 20, 2002 .............................................................. 2 pages 3.9 Contract Specifications issued July 25,2002. I 3.10 Contract Drawings: I Drawing No. Title Rev. No. Issue No. Issued A201 Plan and Elevations 0 2 July 17,2002 A401 Sections, Details and Notes 0 2 Julv 17, 2002 I I * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. Supplementary Conditions; Specifications, giving a list of contents with section numbers and titles, number of pages, and date; Drawings, giving drawing number, title, date, revision date or mark; Addenda, giving title, number, date) I I eeDe 2 - 1994 File 00502 2 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDe copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I. I ! I ARTICLE A-4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: I Forty-six Thousand. Six Hundred dollars and zero cents. $46.600.00 I 4.2 Value Added Taxes (of 7%) payable by the Owner to the Contractor are: I Three Thousand. Two Hundred and Sixty-two dollars I and zero cents. $3.262.00 I 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: Forty-nine Thousand. Eight Hundred and Sixty-two dollars I and zero cents. $49.862.00 I 4.4 All amounts are in Canadian funds. I 4.5 These amounts shall be subject to adjustments as provided in the Contract Documents. I I I I I I I I CCDC 2 - 1994 File 00502 3 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I ARTICLE A-5 I PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of ten percent ( 10 %), and a further one percent (1 %) for the contract completion security account, the Owner shall in Canadian funds: I 'I I I .1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payment, and .2 upon Substantial Peiformance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the [mal certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. I 5.2 In the event ofloss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions ofGC 11.1 - INSURANCE. 5.3 Interest I I I I I I I I I I I .1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at One percent (1 %) per annum above the bank rate on such unpaid amounts shall also become due and payable until payment. Such interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the amount of any claim settled pursuant to Part 8 of the General Conditions - DISPUTE RESOLUTION from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. eeDe 2 - 1994 File 00502 4 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I. ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES I 6.1 Notices in writing between the parties or between them and the Consultant shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the fIrm, or to an officer of the corporation for whom they are intended by hand or by registered post; or if sent by regular post, to have been delivered within 5 Working Days of the date of mailing when addressed as follows: I The Owner at 40 Temperance Street I Bowmanville, Ontario LI C 3E6 I The Contractor at 66 Metcalf Street. P.O. Box 20009 I Newcastle. Ontario LIB 1M3 The Consultant at 11 Stanley Court. Unit I I Whitbv. Ontario LI N 8P9 I ARTICLE A-7 LANGUAGE OF THE CONTRACT I 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the EnglishlFTeneh* language shall prevail. * Complete this statement by striking out inapplicable term. I 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais a la demande des parties. I ARTICLE A-8 SUCCESSION I 8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall enure to the benefIt of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. I I I I I I eeDe 2 - 1994 File 00502 5 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. I SIGNED AND DELIVERED in the presence of: I OWNER I The Municipality of Clarington name of owner I signature WITNESS ..--.-- \ :J 0 h..-.., V\ ....... -\ \- 0....... name and title of person signing' - - ~'./ I signature -~ ~ - ~ .-~"'- .> '-,...._/_~ . _ _ ~J./ I , - '-'-\ ~ Cler'( _/....-::. name and title of person sigpmg -< - '~// --.----;;..-- ___"C:" I CONTRACTOR I I Barr's Roofing, Siding & Sheet Metal Ltd. j) I.()'S ~ D F/,AJ ,. ""J;:::J ~Ph,f/< 0 sIgnature WITNESS ,I)/J-JI;O Afrpftf ~~S/L/~AiJ ~:~1~ signature signature I I I name and title of person signing ~nvt""'e, name and title of person signing I NB. Where legal jurisdiction, local practice, or (F,vner or Contractor requirement calls for: (a) proof of authority to execute. tfiis document. attach such proof of authority in the form of a certified copy of a resolution naming the; representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnersh!p; or (b) the affixing of a corpon;te seal, this Agreement should be properly sealed. I I I eeDe 2 - 1994 File 00502 6 I This contract is protected by Copyright. Use of a CCDe document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document covet page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged_ II I I I I 3. I I 4. I 5. I 6. I 7. I I 8. I 9. I 10. I I I I Standard Construction Document - CCDC 2 - 1994 DEFINITIONS The following Defmitions shall apply to all Contract Documents. 1. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 2. Contract Documents The Contract Documents consist of those documents listed in Article A-3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work, or to supply Products worked to a special design for the Work. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products not worked to a special design for the Work. Consultant The Consultant is the person or entity identified as such in the Agreement. The Consultant is the Architect, the Engineer, or entity licensed to practice in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authOlized representative. Project The Project means the total construction contemplated of which the Work may be the whole or a part. Work The Work means the total construction and related services required by the Contract Documents. Place of the Work The Place of the Work is the designated site or location of the Work identified in Article A-I of the Agreement - THE WORK. ceDe 2 - 1994 File 00602 7 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infiingement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document. unchanged. I 11. I I 12. I 13. I 14. I 15. I 16. I I 17. I I 18. I 19. I I 20. I I I I Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include machinery and equipment used to prepare, fabricate, convey, or erect the Work, which are referred to as construction machinery and equipment. Provide Provide means to supply and install. Contract Price The Contract Price is the amount stipulated in Article A-4 of the Agreement - CONTRACT PRICE. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A-I of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. Working Day Working Day means a day other than a Saturday, Sunday, or a holiday which is observed by the construction industry in the area of the Place of the Work. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of specifications, drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: a change in the Work; the method of adjustment or the amount of the adjustment in the Contract Price, if any; and the extent of the adjustment in the Contract Time, if any. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a change in the Work within the general scope of the Contract Documents. Substantial Performance of the Work Substantial Performance of the Work is as defmed in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such defmition, Substantial 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. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax and any similar tax, the payment or collection of which is by the legislation imposing such tax an obligation of the Contractor. eeDe 2 - 1994 File 00602 8 I This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT Standard Construction Document - CCDC 2 - 1994 I PART 1 GENERAL PROVISIONS I 1.1.1 GC 1.1 CONTRACT DOCUMENTS I 1.1.2 I I 1.1.3 I 1.1.4 I 1.1.5 I 1.1.6 I 1.1.7 I 1.1.8 I I 1.1.9 I I I I The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. References in the Contract Documents to the singular shall be considered to include the plural as the context requITes. The specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, and the services necessary for the performance of the Work. The drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. Neither the organization of the specifications into divisions, sections, and parts nor the arrangement of drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers or in establishing the extent of the work to be performed by a trade. If there is a conflict within Contract Documents: .1 the order of priority of documents, from highest to lowest, shall be . the Agreement between the Owner and the Contractor, . the Definitions, . Supplementary Conditions, . the General Conditions, . Division I of the specifications, . Divisions 2 through 16 of the specifications, . material and finishing schedules, . drawings. .2 drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on drawings shall govern over dimensions scaled from drawings. .4 later dated documents shall govern over earlier documents of the same type. I eeDe 2 - 1994 File 00712 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infiingement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. 9 I I 1.1.10 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. I 1.1.11 Specifications, drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All specifications, drawings, and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These specifications, drawings, and models are not to be copied or altered in any manner without the written authorization of the Consultant. I 1.1.12 Models furnished by the Contractor at the Owner's expense are the property of the Owner. I GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. I GC 1.3 RIGHTS AND REMEDIES I 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. I 1.3.2 No action or failure to act by the Owner, Consultant, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. I GC 1.4 ASSIGNMENT I 1.4.1 Neither party to the Contractshall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT I GC 2.1 AUTHORITY OF THE CONSULTANT I 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. I 2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor, and the Consultant. I 2.1.3 Ifthe Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. GC 2.2 ROLE OF THE CONSULTANT I 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance ofthe [mal certificate for payment, and subject to GC 2.1 - AUTHORITY OF THE CONSULTANT and with the Owner's concurrence, from time to time until the completion of any correction of defects as provided in paragraph 12.3.3 ofGC 12.3 - WARRANTY. I 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. I I I eeDe 2 - 1994 File 00712 10 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I 2.2.3 I I 2.2.4 I 2.2.5 I I 2.2.6 I I 2.2.7 I I 2.2.8 I I 2.2.9 I 2.2.10 I 2.2.11 I 2.2.12 I 2.2.13 I 2.2.14 I If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A-5 ofthe Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT, and GC 5.7 - FINAL PAYMENT. The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make fmdings as to the performance thereunder by both parties to the Contract, except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER. Interpretations and fmdings of the Consultant shall be consistent with the intent of the Contract Documents. When making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, shall be referred initially to the Consultant by notice in writing given to the Consultant and to the other party for the Consultant's interpretation and fmding which will be given by notice in writing to the parties within a reasonable time. The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. The Consultant will review and take appropriate action upon such Contractor's submittals as shop drawings, Product data, and samples, as provided in the Contract Documents. The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. All certificates issued by the Consultant shall be to the best of the Consultant's knowledge, information, and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. I eeDe 2 - 1994 File 00712 11 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I GC 2.3 REVIEW AND INSPECTION OF THE WORK I 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe, and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. Ifparts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. I I 2.3.2 Ifwork is designated for tests, inspections, or approvals in the Contract Documents, or by the Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notice of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notice of the date and time of inspections by other authorities. I 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. I 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections, or approvals before such special tests, inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. I I 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. I GC 2.4 DEFECTIVE WORK I 2.4.1 The Contractor shall promptly remove from the Place of the Work and replace or re-execute defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor. I I 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such removals or replacements at the Contractor's expense. I 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. I PART 3 EXECUTION OF THE WORK I GC 3.1 CONTROL OF THE WORK I 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. I 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinating the various parts of the Work under the Contract. I I eeDe 2 - 1994 File 00712 12 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I 3.2.1 GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS I 3.2.2 I I I I I 3.2.3 I I I I I I 3.2.4 I 3.2.5 I I I The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: .1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co-ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; .2 co-ordinate and schedule the Work with the work of other contractors and Owner's own forces and connect as specified or shown in the Contract Documents; .3 participate with other contractors and the Owner in reviewing their construction schedules when directed to do so; and .4 where part of the Work is affected by or depends upon for its proper execution the work of other contractors or Owner's own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any apparent deficiencies in such work. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies in the work of other contractors or Owner's own forces except those deficiencies not then reasonably discoverable. Where a change in the Work is required as a result of the co-ordination and connection of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. Claims, disputes, and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owners contains a similar agreement to arbitrate. I eeDe 2 - 1994 File 00712 13 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I GC 3.3 TEMPORARY SUPPORTS, STRUCTURES, AND FACILITIES I 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal oftemporary supports, structures, and facilities and the design and execution of construction methods required in their use. I 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such temporary supports, structures, and facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. I I 3.3.3 Notwithstanding the provisions ofGC 3.1 - CONTROL OF THE WORK, paragraph 3.3.1, and paragraph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, structures, and facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. I I GC 3.4 DOCUMENT REVIEW I 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency, or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information, and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. I I GC 3.5 CONSTRUCTION SCHEDULE I 3.5.1 The Contractor shall: I .1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be performed in conformity with the Contract Time; I .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and I .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. I GC 3.6 CONSTRUCTION SAFETY I 3.6.1 Subject to paragraph 3.2.2.2 ofGC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations, and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. I I I eeDe 2 - 1994 File 00712 14 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I GC 3.7 SUPERVISOR I 3.7.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. The supervisor shall not be changed except for valid reason. I 3.7.2 The supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the supervisor by the Consultant shall be held to have been received by the Contractor. I GC 3.8 SUBCONTRACTORS AND SUPPLIERS I 3.8.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: I .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and I .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers, and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. I I 3.8.2 The Contractor shall indicate in writing, at the request ofthe Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. I I 3.8.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. I 3.8.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. I 3.8.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to whom the Contractor may reasonably object. 3.8.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. I GC 3.9 LABOUR AND PRODUCTS I 3.9.1 The Contractor shall provide and pay for labour, Products, tools, construction machinery and equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. I 3.9.2 Products provided shall be new. Products which are not specified shall be ofa quality consistent with those specified and their use acceptable to the Consultant. I 3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. I I eeDe 2 - 1994 File 00712 15 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I 3.10.1 GC 3.10 DOCUMENTS AT THE SITE I The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. 3.11.1 GC 3.11 SHOP DRAWINGS I 3.11.2 I 3.11.3 I I I I 3.11.5 I I 3.11.6 I Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product, and other data which the Contractor provides to illustrate details of a portion of the Work. The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant may reasonably request. The Contractor shall review all shop drawings prior to submission to the Consultant. The Contractor represents by this review that: the Contractor has determined and verified all field measurements and field construction conditions, or will do so; Product requirements; catalogue numbers; and similar data and that the Contractor has checked and co-ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor shall confirm this review of each shop drawing by stamp, date, and signature of the person responsible. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents.3 .11.4 The Contractor shall submit shop drawings to the Consultant to review in orderly sequence and suffiCiently in advance so as to cause no delay in the Work or in the work of other contractors. Upon request of the Contractor or the Consultant, they jointly shall prepare a schedule of the dates for submission and return of shop drawings. Shop drawings which require approval of any legally constituted authority havingjurisdiction shall be submitted to such authority by the Contractor for approval. The Contractor shall submit shop drawings in the form specified or as the Consultant may direct. The Consultant will review and return shop drawings in accordance with the schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review is for conformity to the design concept and for general arrangement only. The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the shop drawings or for meeting all requirements of the Contract Documents unless the Consultant expressly notes the acceptance of a deviation on the shop drawings. Upon the Consultant's request, the Contractor shall revise and resubmit shop drawings which the Consultant rejects as inconsistent with the Contract Documents unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the resubmission other than those requested by the Consultant. I 3.12.1 GC 3.12 USE OF THE WORK I 3.12.2 I The Contractor shall confme construction machinery and equipment, storage of Products, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Work with Products. The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. I 3.13.1 GC 3.13 CUTTING AND REMEDIAL WORK I 3.13.2 I The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. I eeDe 2 - 1994 File 00712 16 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I 3.13.3 I I 3.13.4 I Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. 3.14.1 GC 3.14 CLEANUP I 3.14.2 I I 3.14.3 I The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. The Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Work clean and suitable for occupancy by the Owner before attainment of Substantial Peiformance of the Work. The Contractor shall remove products, tools, construction machinery, and equipment not required for the performance of the remaining work. Prior to application for the [mal certificate for payment, the Contractor shall remove products, tools, construction machinery and equipment, and waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES I 4.1.1 The Contract Price includes cash allowances stated in the Contract Documents, which allowances shall be expended as the Owner directs through the Consultant. I 4.1.2 Cash allowances cover the net cost to the Contractor of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the work stipulated under the cash allowances but do not include any Value Added Taxes payable by the Owner to the Contractor. I 4.1.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. I I 4.1.4 Where costs.under a cash allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out in the Contract Documents. I 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the actual cost and each cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. I 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. I GC 4.2 CONTINGENCY ALLOWANCE I 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 _ CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. I I eeDe 2 - 1994 File 00712 17 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I. 4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.2 and the contingency allowance. I I PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQillRED OF THE OWNER I 5.1.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement, and/or promptly from time to time thereafter, furnish to the Contractor reasonable evidence that fmancial arrangements have been made to fulfill the Owner's obligations under the Contract. I 5.1.2 The Owner shall notify the Contractor in writing of any material change in the Owner's fmancial arrangements during the performance of the Contract. I GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT I 5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement - PAYMENT may be made monthly as the Work progresses. I 5.2.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed and Products delivered to the Place of the Work at that date. I 5.2.3 The Contractor shall submit to the Consultant, at least 14 days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. I 5.204 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. I 5.2.5 The Contractor shall include a statement based on the schedule of values with each application for payment. I 5.2.6 Claims for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT I 5.3.1 The Consultant will issue to the Owner, no later than 10 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 5.2 - APPLICA nONS FOR PROGRESS PAYMENT, a certificate for payment in the amount applied for or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly notify the Contractor in writing giving reasons for the amendment. I I 5.3.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement -PAYMENT no later than 5 days after the date of a certificate for payment issued by the Consultant. I GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK I 504.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall prepare and submit to the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consultant to establish Substantial Peiformance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. I I eeDe 2 - 1994 File 00712 18 This contract is protected by Copyright. Use of a CCDe document not containing a eeDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a eeDe copyright seal to demonstrate that it is an original document, unchanged. I 5.7.3 When the Consultant fInds the Contractor's application for [mal payment valid, the Consultant will issue a [mal certifIcate for payment. I 5.7.4 Subject to the provision of paragraph 10.4.1 ofGC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 days after the issuance of a [mal certifIcate for payment, pay the Contractor as provided in Article A-5 ofthe Agreement - PAYMENT. I GC 5.8 WITHHOLDING OF PAYMENT I 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certifIed by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is fInished, only such an amount that the Consultant determines is suffIcient and reasonable to cover the cost of performing such remaining work. I I GC 5.9 NON-CONFORMING WORK I 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. I PART 6 CHANGES IN THE WORK GC 6.1 CHANGES I 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make changes in the Work consisting of additions, deletions, or other revisions to the Work by Change Order or Change Directive. I 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER I 6.2.1 When a change in the Work is proposed or required, the Consultant shall provide a notice describing the proposed change in the Work to the Contractor. The Contractor shall present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. I I 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order, signed by Owner and Contractor. The value of the work performed as the result of a Change Order shall be included in applications for progress payment. I GC 6.3 CHANGE DIRECTIVE I 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. I 6.3.2 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of expenditures and savings to perform the work attributable to the change. If a change in the Work results in a net increase in the Contract Price, an allowance for overhead and profIt shall be included. I I I eeDe 2 - 1994 File 00712 20 This contract is protected by Copyright. Use of a CeDC document not containing a eeDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I I I I I I I I I I I I I I I I I 6.3.3 6.3.4 If a change in the Work results in a net decrease in the Contract Price, the amount of the credit shall be the net cost, without deduction for overhead or profit. When both additions and deletions covering related work or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be calculated on the basis of the net increase, if any, with respect to that change in the Work. The Contractor shall keep and present, in such form as the Consultant may require, an itemized accounting of the cost of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all of the following: .1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor; .2 salaries, wages, and benefits of the Contractor's office personnel engaged in a technical capacity and other personnel at shops or on the road, engaged in expediting the production or transportation of materials or equipment; .3 contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Contractor and included in the cost of the work as provided in paragraphs 6.3.4.1 and 6.3.4.2; .4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and 6.3.4.2; .5 the cost of all Products including cost of transportation thereof; .6 the cost of materials, supplies, equipment, temporary services and facilities, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof; .8 deposits lost; .9 the amounts of all subcontracts; .10 the cost of quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 ofGC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred; .16 the cost of removal and disposal of waste products and debris; I eeDe 2 - 1994 File 00712 21 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I I .17 cost incurred due to emergencies affecting the safety of persons or property; 6.3.5 Pending determination of the final amount of a Change Directive, the undisputed value of the work performed as the result of a Change Directive is eligible to be included in progress payments. I 6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Time or the method of determining it, the adjustment shall be referred to the Consultant for determination. I 6.3.7 If at any time after the start of the work directed by a Change Directive, the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and Contractor. I GC 6.4 CONCEALED OR UNKNOWN CONDITIONS I 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: .1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or I I I 6.4.2 I 6.4.3 I .2 physical conditions of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents; then the observing party shall notify the other party in writing before conditions are disturbed and in no event later than 5 Working Days after first observance of the conditions. The Consultant will promptly investigate such conditions and make a fmding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. If the Consultant fmds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant shall report the reasons for this fmding to the Owner and the Contractor in writing. I 6.5.1 GC 6.5 DELAYS I I 6.5.2 I I I I If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. I eeDe 2 - 1994 File 00712 22 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I 6.5.3 I I I 6.5.4 I 6.5.5 I If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fIre, unusual delay by common carriers or unavoidable casualties, or without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner. No extension shall be made for delay unless notice in writing of claim is given to the Consultant not later than 10 Working Days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. Ifno schedule is made under paragraph 2.2.9 ofGC 2.2 -ROLE OF THE CONSULTANT, no claim for delay shall be allowed because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made and not then, unless the claim is reasonable. I PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT I 7.1.1 I 7.1.2 I I 7.1.3 I I I 7.1.4 I I I I If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the O,vner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. Ifthe default cannot be corrected in the 5 Working Days specifIed, the Contractor shall be in compliance with the Owner's instructions if the Contractor: .1 commences the correction of the default within the specifIed time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with such schedule. If the Contractor fails to correct the default in the time specifIed or subsequently agreed upon, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certifIed such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. I eeDe 2 - 1994 File 00712 23 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I 7.1.5 I I I I I I 7.1.6 I If the Ownertenninates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products; utilize the construction machinery and equipment; subject to the rights of third parties, fmish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of fmishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of fmishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. The Contractor's obligation under the Contract as to quality, correction, and warranty of the work performed by the Contractor up to the time of tennination shall continue in force after such tennination. I 7.2.1 GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TER:.\HNATE THE CONTRACT I 7.2.2 I I 7.2.3 I I I I 7.2.4 I I If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any otherright orremedy the Contractor may have, by giving the Owner orreceiver or trustee in bankruptcy notice in writing, terminate the Contract. If the Work should be stopped or otherwise delayed for a period oBO days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner notice in writing, tenninate the Contract. The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if: .1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that fmancial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 tlle Consultant fails to issue a certificate as provided in GC 5.3 PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, COnfIrmS by written statement to the Contractor that sufficient cause exists. The Contractor's notice in writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the notice in writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or tenninate the Contract. I eeDe 2 - 1994 File 00712 24 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I 7.2.5 I I If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and construction machinery and equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. PART 8 DISPUTE RESOLUTION I GC 8.1 AUTHORITY OF THE CONSULTANT I 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. I 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a fmding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 ofGC 8.2 - NEGOTIATION, MEDIATION, AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. I I I I GC 8.2 NEGOTIATION, MEDIATION, AND ARBITRATION I 8.2.1 In accordance with the latest edition ofthe Rules for Mediation ofCCDC 2 Construction Disputes, the parties shall appoint a Project Mediator I I 8.2.2 I I 8.2.3 I 8.2.4 I I .1 within 30 days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 30 day period, within 15 days after either party by notice in writing requests that the Project Mediator be appointed. A party shall be conclusively deemed to have accepted a fmding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect ofthe particular matter dealt with in that fmding unless, within 15 Working Days after receipt of that fmding, the party sends a notice in writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a notice in writing of reply to the dispute within 10 Working Days after receipt of the notice of dispute setting out particulars of this response and any relevant provisions of the Contract Documents. The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes. I eeDe 2 - 1994 File 00712 25 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I 8.2.5 I I 8.2.6 I 8.2.7 II 8.2.8 I I I I If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving notice in writing to both parties. By giving a notice in writing to the other party, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be fmally resolved by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The arbitration shall be conducted in the jurisdiction of the Place of the Work. On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a notice is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting arbitration in paragraph 8.2.6 that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be .1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier, and GC 8.3 RETENTION OF RIGHTS .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. I 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights orrecourses, provided the party has given the notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. I I I PART 9 PROTECTION OF PERSONS AND PROPERTY I 9.1.1 GC 9.1 PROTECTION OF WORK AND PROPERTY I I 9.1.2 I I The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. Should the Contractor in the performance of the Contract damage the Work, the Owner's property, or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such damage at the Contractor's expense. I eeDe 2 - 1994 File 00712 26 This contract is protected by Copyright. Use of a CCDC document not containing a CCDe copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I 9.1.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. I GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY I 9.2.1 If either party to the Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom the other party is responsible in law, then that party shall be reimbursed by the other party for such damage. The reimbursing party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. I 9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time after the fIrst observance of such damage and if undisputed shall be confmned by Change Order. Disputed claims shall be resolved as set out in Part 8 of the General Conditions - DISPUTE RESOLUTION. I I 9.2.3 If the Contractor has caused damage to the work of another contractor on the Project, the Contractor agrees upon due notice to settle with the other contractor by negotiation or arbitration. If the other contractor makes a claim against the Owner on account of damage alleged to have been so sustained, the Owner shall notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. The Contractor shall satisfy a fmal order or judgment against the Owner and pay the costs incurred by the Owner arising from such action. I 9.2.4 If the Contractor becomes liable to payor satisfy a fmal 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 fma1 order or judgment to any and all courts of competent jurisdiction. I GC 9.3 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS I 9.3.1 For the purposes of applicable environmenta11egis1ation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. I 9.3.2 Prior to the Contractor commencing the Work, the Owner shall I .1 take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances and materials. I 9.3.3 The Owner shall take all reasonable steps to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor commencing the Work. I 9.3.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or otherwise render harmless toxic or hazardous substances or materials which were present at the Place of the Work prior to the Contractor commencing the Work. I I 9.3.5 If the Contractor .1 encounters toxic or hazardous substances or materials at the Place of the Work, or I .2 has reasonable grounds to believe that toxic or hazardous substances or materials are present at the Place of the Work, I I eeDe 2 - 1994 File 00712 27 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I I I I 9.3.6 I 9.3.7 I I 9.3.8 I I 9.3.9 I which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but have not been dealt with as required under paragraph 9.3.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the substances or materials, and .4 immediately report the circumstances to the Consultant and the Owner in writing. If the Contractor is delayed in performing the Work or incurs additional costs as a result of taking steps required under paragraph 9.3.5.3, the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor and the Contractor shall be reimbursed for reasonable costs incurred as a result of the delay and as a result of taking those steps. Notwithstanding paragraphs 2.2.6 and 2.2.7 ofGC 2.2 - ROLE OF THE CONSULTANT, or paragraph 8.1.1 ofGC 8.1 - AUTHORITY OF THE CONSULTANT, the Consultant may select and rely upon the advice of an independent expert in a dispute under paragraph 9.3.6 and, in that case, the expert shall be deemed to have been jointly retained by the Owner and the Contractor and shall be jointly paid by them. The Owner shall indemnify and hold harmless the Contractor, the Consultant, their agents and employees, from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or resulting from exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor commencing the Work. This obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity set out in GC 12.1 -INDEMNIFICATION or which otherwise exist respecting a person or party described in this paragraph. GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES ANTI MATERIALS shall govern over the provisions of paragraph 1.3.1 ofGC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. PART 10 GOVERNING REGULATIONS I I 10.1.1 GC 10.1 TAXES AND DUTIES I 10.1.2 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 ofthe Agreement - CONTRACT PRICE. Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. I 10.2.1 GC 10.2 LAWS, NOTICES, PERMITS, A.c"lD FEES The laws of the Place of the Work shall govern the Work. I 10.2.2 I 10.2.3 I I The Owner shall obtain and pay for the building permit, permanent easements, and rights of servitude. The Contractor shall be responsible for permits, licenses, or certificates necessary for the performance of the Work which were in force at the date of bid closing. The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. I eeDe 2 - 1994 File 00712 28 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I 10.2.4 I I I 10.2.5 I I The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the date of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall notify the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - C~~GE DIRECTIVE. If the Contractor fails to notify the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.4; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. I 10.3.1 GC 10.3 PATENT FEES I 10.3.2 I I The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. The Owner shall hold the Contractor harmless against clain1S, 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. I 10.4.1 GC 10.4 WORKERS' COMPENSATION I 10.4.2 I Prior to commencing the Work, Substantial Performance afthe Work, and the issuance ofthe final certificate for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE - BONDS I 11.1.1 GC 11.1 INSURANCE I I I I Without restricting the generality ofGC 12.1 - INDEMNIFICA nON, the Contractor shall provide, maintain, and pay for the insurance coverages specified in GC 11.1 - INSURANCE. Unless otherwise stipulated, the duration of each insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment. Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confIrmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements. I eeDe 2 - 1994 File 00712 29 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infiingement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I .1 General Liability Insurance: I General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, with limits of not less than $2,000,000 per occurrence and with a property damage deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IEC Form 21 00, or its equivalent replacement, provided that lEe Form 21 00 shall contain the latest edition of the relevant CCDC endorsement form. To achieve the desired limit, umbrella, or excess liability insurance may be used. All liability coverage shall be maintained for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. Where the Contractor maintains a single, blanket policy, the addition of the Owner and the Consultant is limited to liability arising out of the Project and all operations necessary or incidental thereto. The policy shall be endorsed to provide the Owner with not less than 30 days notice in writing in advance of any cancellation, and of change or amendment restricting coverage. I I I I .2 Automobile Liability Insurance: I Automobile liability insurance in respect of licensed vehicles shall have limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to property, covering all licensed vehicles owned orleased by the Contractor, and endorsed to provide the Owner with not less than 15 days notice in writing in advance of any cancellation, change or amendment restricting coverage. Where the policy has been issued pursuant to a government-operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. I I .3 Aircraft and Watercraft Liability Insurance: I Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft ifused directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than $2,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. I I .4 Property and Boiler and Machinery Insurance: (1) "All risks" property insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of Products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IEC Form 4042 or its equivalent replacement, provided that IEC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 10 days after the date of the final certificate for payment. I I I (2) Boiler and machinery insurance shall be in the joint names of the Contractor, the Owner, and the Consultant for not less than the replacement value of the boilers, pressure vessels, and other insurable objects forming part of the Work. The insurance provided shall not be less than the insurance provided by the "Comprehensive Boiler and Machinery Form" and shall be maintained continuously from commencement of use or operation of the property insured and until 10 days after the date of the fmal certificate for payment. I I I I eeDe 2 - 1994 File 00712 30 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDe copyright seal to demonstrate that it is an original document, unchanged. I I (3) The policies shall allow for partial or total use or occupancy of the Work. Ifbecause of such use or occupancy the Contractor is unable to provide coverage, the Contractor shall notify the Owner in writing. Prior to such use or occupancy the Owner shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, as in sub-paragraphs (1) and (2), including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. I I I (4) The policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor. I I (5) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - PROGRESS PAYMENT. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work. I I (6) In the case of loss or damage to the Work arising from the work of another contractor, or Owner's own forces, the Owner, in accordance with the Owner's obligations under paragraph 3.2.2.4 ofGC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - PROGRESS PAYMENT. I .5 Contractors' Equipment Insurance: I "All risks" contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of [mancial capability by the Contractor for self-insurance, the Owner agrees to waive the equipment insurance requirement. I I 11. 1.2 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 9.1 - PROTECTION OF WORK. AND PROPERTY and GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. I 11. 1.3 Where the full insurable value of the Work is substantially less than the Contract Price, the Owner may reduce the amount of insurance required or waive the course of construction insurance requirement. I 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the amount which is due or may become due to the Contractor. I I 11. 1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. I I eeDe 2 - 1994 File 00712 31 This contract is protected by Copyright. Use of a CCDC document not containing a CCDe copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I 11.2.1 GC 11.2 BONDS ,I 11.2.2 I The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any surety bonds required by the Contract. Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfilment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. I PART 12 INDEMNIFICATION - WAIVER- WARRANTY I 12.1.1 GC 12.1 INDEMNIFICATION I I I I I 12.1.2 I 12.1.3 I 12.1.4 I The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings (hereinafter called II claims "), by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract provided such claims are: .1 attributable to bodily injury, sickness, disease, or death, or to injury to or destruction oftangible property, and .2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable, and .3 made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Pelformance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. The obligation of the Contractor to indemnify hereunder shall be limited to $2,000,000 per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of $2,000,000. The Owner shall indemnify and hold harmless the Contractor, the Contractor's agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. GC 12.1 - INDEMNIFICATION shall govern over the provisions of paragraph 1.3.1 ofGC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. I 12.2.1 GC 12.2 WAIVER OF CLAIMS I I I Waiver of Claims by Owner As of the date of the fmal certificate for payment, the Owner expressly waives and releases the Contractor from all claims against the Contractor including without limitation those that might arise from the negligence or breach of contract by the Contractor except one or more of the following: .1 those made in writing prior to the date of the fmal certificate for payment and still unsettled; .2 those arising from the provisions of GC 12.1 - INDEMNIFICA nON or GC 12.3 - WARRANTY; I eeDe 2 - 1994 File 00712 32 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. I I I I I I I I 12.2.2 I I I 12.2.3 .3 those arising from the provisions of paragraph 9.3.5 of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS and those arising from the Contractor bringing or introducing any toxic or hazardous substances and materials to the Place of the Work after the Contractor commences the Work. In the Common Law provinces GC 12.2.1.4 shall read as follows: .4 those made in writing within a period of6 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 those arising from any liability of the Contractor for damages resulting from the Contractor's performance of the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein "substantial defects or deficiencies" means those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 12.2.1.4 shall read as follows: .4 those arising under the provisions of Article 2118 of the Civil Code of Quebec. Waiver of Claims by Contractor As of the date of the final certificate for payment, the Contractor expressly waives and releases the Owner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except: .1 those made in writing prior to the Contractor's application for fmal payment and still unsettled; and .2 those arising from the provisions ofGC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS or GC 10.3 - PATENT FEES. GC 12.2 - WAIVER OF CLAIMS shall govern over the provisions of paragraph 1.3.1 ofGC 1.3 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. I 12.3.1 GC 12.3 WARRANTY I 12.3.2 I 12.3.3 I 12.3.4 I 12.3.5 I 12.3.6 I The warranty period with regard to the Contract is one year from the date of Substantial Performance of the Work or those periods specified in the Contract Documents for certain portions of the Work or Products. The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. Except for the provisions of paragraph 12.3.6 and subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the warranty periods specified in the Contract Documents. The Owner, through the Consultant, shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.3. The Contractor shall be responsible for obtaining Product warranties in excess of one year on behalf of the Owner from the manufacturer. These Product warranties shall be issued by the manufacturer to the benefit of the Owner. I eeDe 2 - 1994 File 00712 33 This contract is protected by Copyright. Use of a CCDC document not containing a CCDC copyright seal constitutes an infringement of Copyright. Only sign this contract if the document cover page bears a CCDC copyright seal to demonstrate that it is an original document, unchanged. : Cl~!fiJ)gton I I I I -I I I I I I I I I I I I I ZOO/TOO ~ Friday, July 26, 2002 TO ALL POTENTIAL BIDDERS Dear Sir/Madam: RE: ADDENDUM #1, CL2002-28, NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT Bidders are hereby advised of the fallowing addendum 1. Was Closing Time & Date: 2:00:00 PM (local time) Friday,Augu~9~,2002 Should Read: Closing Time & Date: 2:00:00 PM (local time) Thursday, August 8th, 2002 All tender submissions must be in accordance with this addendum. Yours truly, /~~p~ Lou Ann Birkett, C.P.P., A.M.C.T. Purchasing Manager LASWkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANV1L~E, ONTARIO L1C 3A6 T (905) 623.3379 ~NISYHJMnd NOJ~NIMY1J OCCC CZ9 S06 XYd tC:CT ZOOZILO/SO I I (!~rilJ-gron I I I VVednesday,August07,2002 I ATTENTION: ALL BIDDERS .1 Dear Sir: I RE: ADDENDUM #2, CL2002-2B, NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT I Please find attached Addendum #2 for the above noted tender, I Due to the issuance of this addendum, the closing time and date have been extended as follows: I Closing Time & Date: 2:00:00 PM (local time) Monday, August 1 t." 2002 I All tender submissions must be in accordance with this addendum, I Yours truly, ~ Liz Mitchell, Buyer 1 I I "1m I . I. 'iU4r~", ""11'1' ".'Il', '"11' .~ ~;;~, '~ ~':~ t" : . ,I \; ~ ., .,11' ,II ,. , ~~~~~ , ~ ~ I ~. ~'ll +Ro IUI~"II\I ~ , ~ , M 1. I~ I I~ It lll'~ II _llh',~Uj,ij ,n I~ ~...1" 1,~,~.t~I' Il~l!h"l' r ,,"'l4t~41"1I '\ mj~:~t ~'11 ilIia.l. ..u..."d,~ I~ .' ~.... ~ III n I I I . ~ . oIt ~ lit . . d~*!~.~,q 'l~kH,r~~ ,.H~~" I.. I...' Ul.' J' ~ . ~ ~ III ~ III :, I.,,~q - I i. " I 'c~ H,nll1t'~I~~ Z 0 d"i~ 0 0 .~u.. .0111' \ III I LlI, :lU~,I'I'" t'.'l..n,I' '1.I~jlU ....~ \ Ir III ~ I ,.j It ", ; ,..'1 II ""l~'.. . ..... .",..",. '. J.~::lr~~. ,,:\~it I' 'Hh:;~.. "';m~~1~ i\ It;! :tm~; I ':m!~i~:; I..,~:: m~:'.1e'1~:.m ir~;1 .1' :m~~.' I~. ;m~~:~ .., ,.~: U:; 'I'~~ t:::::' :mn:~. ,1:m,:11r!~" :~H ,~:Hlm~ lh:~:::r W:l:S': ~:mw'. W!m, ,:;::;:!; I.I~' ~""lnC 0 R'P.,:o,lBIA'T I OwN O~h..iF'H E M'CJ;lril:lC I p~mild:r Y o:P'CtLA R r'Nlr.=jJi\ 0 N:"'.l~ t Iii 4~1'.'" ~ t. I......., ~".olI'..'. ,.~ Itlll.' It".". 'II;'ll"'~" ..,M. ...!IIt, l~". ..,.~",~UI.' 1I.I~t._.IIII' ~,~)nl~'. ,..~t~u'r' 1l:~IP.."~ .~,.tlI~:~1 I'''U(~ .,.,r':~1 " ,~, ,.J1~,..~III', l"ftll.'I~I" .~~olI"'~~' -"',~i.lf1 .~~...,'1., .1C-f,ll. ....tt.. ""..'11 ' 401ITi'rIM'~;~:~AN~' ,Slli'R E ET, B OWlM~~~,:VI LL.~~.Q'N'TA R I (!)O$~::C 3A6~t\;;r.,. (9 05 )''6~~~'3 3 ~~~~., . . ;:i;..' 1;:~j,iU ,t:. 'H~~: l~~:~;;'" I '~um/ t"lH.'ol~ 'l~:a.:, jm~.'~' ,~~"m~ .jU'~~UW mm:.1 U~~:~4~~~ ,,*~~mr l~:t'n~~ /. mm :!m...., .i~..m' ~~~~'..I~ ,....I'. I. ~NISVHJ~J1d NOJ.~NnlY1J Ol:l:l: l:Z9 gOB XVd tc: CT ZOOZ/ La/gO I I I I I I .1 I I I I I I I I . . BARRY-BRYAN ASSOCIATES (1991) Limited Architects Engineers Landscape Architect Project Managers 11 Stanley Court, I Unitl Whitby, Ontario Canada L1 N BP9 I Tele: 905-666-5252 Toronto: 905-427-4495 Fax: 905-666-5256 E-mail: bba@bba-archeng.com I www.bba-archeng.com I Form 6.1-3 Rev. #019-00-01 102067 A060802.#2. wpd Addendum No.2 Page 1 of 1 Project No.: 02067 Date: August 6, 2002 Project: Dressing Room Roof Replacement, Newcastle Memorial, Caroline Street, Newcastle The following information supplements and/or supersedes the bid documents issued on July 25, 2002. This Addendum forms part of the contract documents and is to be read, interpreted, and coordinated with all other parts. The cost of all contained herein is to be included in the contract sum. The following revisions supersede the information contained in the original drawings and specifications issued for the above-named project to the extent referenced and shall become part thereof. Acknowledge receipt of this Addendum by inserting its number and date on the Tender Form. Failure to do so may subject bidder to disqualification. 2.1 Prefinished metal roofing material to be Vicwest Supervic, 26 guage. . Colour will be selected by the consultant from manufacturer's standard range of colours. 2.2 Detail 5/A401: Tie in at top of roof and existing metal siding: extend new counterflashing material to outside face of existing liner panel at existing z girt. 2.3 Existing roof drains are to be removed. Remove interior drainage piping and cap at exterior wall. 2.4 Existing plumbing vent stacks are to be extended through new roof and provided with prefabricated stack jack flashings. ~ENDUM NO.2 ( 'l~ "" . Earle, MAA TO CME/lp I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT CAROLINE STREET WEST NEWCASTLE, ONTARIO TENDER NO. CL2002-28 BatTs Roofint, Siding & Sheet Metal L r LJ. 66 Metcalf St., P.O. Box 20009 Newcastle, Ontario l1 B 1 M3 Ph: 905-987.1445 Fax 905-987-3838 NAME OF FIRM ADDRESS POSTAL CODE TELEPHONE NUMBER FAX NUMBER iJ/9 1/ /.1) g/)/?~ NAME OF PERSON SIGNING FOR FIRM ~ ..- ,- . /'\ --- (-- j:'-..)/f...le'A.' / . POSITION OF PERSON SIGNING FOR FIRM TENDERS RECEIVED BY: The Office of the Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3E6 02067-00200.wpd I I I I I I I I I I I I I I I I I I I ~. DIVISION 0 SECTION 00200 TENDER FORM Page 1 The Office of the Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3E6 Re: NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT CAROLINE STREET WEST NEWCASTLE, ONTARIO TENDER NO. CL2002-28 Sir: Barr's Rooftnl, SIding & Sheet Metal L -r t:J . 66 Metcaff St, P.O. Box 20009 Newcastle, Ontario LiB 1 M3 Ph: 905-987-1445 Fax 905-987-3838 1.0 We agree for the (Company Name) Stipulated Price stated below to supply all necessary labour, materials, plant, equipment, services and overtime work as may be required for the execution and completion of all work in connection with the above referenced project for the Corporation of the Municipality of Clarington, in accordance with Instructions to Bidders, The Municipality of Clarington's Standard Terms and Conditions, the General Conditions, Supplementary General Conditions, Specifications and Drawings, prepared for that purpose by Barry · Bryan Associates (1991) Limited, Whitby, Ontario and to the entire satisfaction ofthe Corporation of the Municipality of Clarington: STIPULATED PRICE (exclusive of GST) /b,e T)/ -,~X T /fOu5/TAJ.t:J i); x. II UI'f./ /J A'?L;J Dollars ($ 4 b ~ () elM 00 .l:C-. co ) 2.0 Further, to assist you with the necessary information for tax purposes, etc., the stipulated price includes the following: Provincial Sales Tax $ JS~~ 0-0 3.0 Goods and Services Tax (GST) at 7% to be added to the Stipulated Price $ :f ::{,b:{# C 0 4.0 The Stipulated Price includes CASH ALLOWANCES in the amount of $2,000 (Two Thousand Dollars) as listed in the Instructions to Bidders. 5.0 We agree the Owner reserves the right to accept or reject prices bid for the work or for any portion of the work. . 6.0 We agree that the Owner reserves the right to take any financial benefit, from alternates submitted, into consideration in the evaluation of all tenders and the subsequent award of the Contract. 02067.{)0200.wpd I I I I I I I I I I I I I I I I I I I / DIVISION 0 SECTION 00200 TENDER FORM Page 2 7.0 We propose to complete the work within ~ weeks following notification of award. Further, we agree that the proposed schedule for completion will be a consideration in the award of this contract. We have received and included for Addenda No. -#/ to ~ in the Stipulated Price. 8.0 9.0 In the event that work extra to that included in the Contract is required, and is authorized in writing by the Owner, the Contractor will add the following percentages to the cost of the work. Overhead Profit 10 C)o 1090 General Contractor's Work Subcontractor's Work s-C;;c Ie '0 10.0 We submit the names of subcontractors upon whose tender the stipulated price was based: TRADE FIRM ADDRESS Demolition Rough Carpentry Roof Trusses Roofing Metal Flashing and Trim Painting 11.0 We have carefully examined all the Tender Documents, have visited the Site, and have a clear and comprehensive knowledge of the Work req uired under this Contract and of all the working conditions and schedule requirements. 12.0 We the undersigned agree that this Tender is valid and irrevocable and subject to acceptance by the Owner without notice to us for a period of Ninety (90) days from date of receipt of Tender, and that if notified of award of Contract, we will within ten (10) days of receipt of notification of Acceptance of Tender: a) Furnish to the Owner, in care of the Consultant, copies of insurance policies as required by the Conditions of the Contract. b) Furnish to the Owner a breakdown of the Stipulated Price in such form and.detail as required by the Owner for progress payments, taxation and internal accounting purposes. c) Furnish to the Owner, a Performance Bond and a Labour and Material Payment Bond, issued by a Surety acceptable to the Owner, each for an amount equalling 100% of the Tender Price to ensure the full and proper completion of the Contract. 02067-00200.wod I I I I I I I I I I I I I I I I I I I ~ DIVISION 0 SECTION 00200 TENDER FORM Page 3 d) Commence the work forthwith after the receipt of a letter of intent, contract or Purchase Order or when notified to do so by the Consultant and/or Owner and to execute the work continuously to completion. Time shall be the essence of the Contract and the work shall be completed in accordance with the agreed schedule. e) Furnish to the Owner a Clearance Certificate ofthe Workers' Compensation Board. f) Submit within three (3) days of award of the contract a detailed construction schedule to the Owner for approval. g) Furnish to the Owner a copy of our Corporate Safety Policy. 13.0 Wherever the plural is used herein, the same shall be read and construed as if the singular had been used where the facts and context so requires and as if all necessary grammatical changes had been made. 14.0 Bid Security: Attached to this tender form is a bid deposit in the amount required by the Instructions to Bidders. I/We the undersigned agree that if I/We withdraw this tender or default in executing a contract or providing the required Performance Security in accordance with the terms of the bid documents, the Owner shall have sustained liquidated damages in the amount equal to the difference between the amount of this bid and the amount for which the Owner legally contracts with another party to perform the work, if the latter amount exceeds the former up to a maximum of the amount of the bid deposit and such amount shall become the property of the Owner. 15.0 Bonds: Attached to this Tender Form is an agreement to bond in the amount of 100% for Performance, and 100% for Materials and Labour Payment. 16.0 Safety Form: Attached to this Tender is a completed copy of the Municipality of Clarington Health and Safety Practice Form. Blrr's Rootlnt, SkHag & Sheet Metal 66 Metcalf St, P.O. Box 20009 Newcastle, Ontario L 1 B 1 M3 Ph: 905-987-1445 Fax 905-987-3838 02067-00200.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00200 TENDER FORM Page 4 17.0 Sianature and Seal of Bidder: Barn Roofing, Siding & Sheet Metal L T tJ. 6&MetcaIf St., P.O. Box 20009 Newcastle, Ontario L 1 B 1 M3 Ph: 905-987.1445 Fax 905-987-3838 City or Town Signature of Compa~=--'---- ~'Jd) .&/I"A': 4Fs/.?'FAJr- Name and Title Postal Code Telephone No. ~I J,J.. ~ .20C7.. Signature of Company Official A I ~ L/ G. Date Name and Title SEAL Facsimile No. ~~"")"'5"""'''J'i5 .~.~ '. lJU i i .f{._-f Tenderer's G.S.T. Registration No. If the bidding firm is a limited company. the company seal must appear on this Bid Form with the signature(s) of the proper signing official(s). 02067-00200.wpd I I I I I I I I I I I I I I I I I I I "T THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Newcastle Memorial Arena ROOF REPLACEMENT Barr's RooftnI,Sldlag & Sheet Metal 66 Metcalf St, P.O. Box 20009 Municipality of Clarington Newcastle,Ontario L1S 1M3 Tender No. CL2002.28 Ph:905-987-1445 Fax905-987-3838 APPENDIX 'A' - BIDDERS EXPERIENCE FORM Bidders shall complete this form and attach to the Tender Form. Include experience on projects similar in size and scope to this project. YEAR DESCRIPTION OF CONTRACT NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. ARCHITECT & TELEPHONE NO. VALUE OF CONTRACT YEAR DESCRIPTION OF CONTRACT NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. ARCHITECT & TELEPHONE NUMBER VALUE OF CONTRACT YEAR DESCRIPTION OF CONTRACT NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. ARCHITECT & TELEPHONE NO. VALUE OF CONTRACT Company Name 02067 Appendix A,wpd o~ + Sqnci 00 l"I\g, 11 l~ 3~~ Barr's RooftnI, SIdIag & SheIlIIIIaI se Metcalf St, P.O. Box 20009 ~.. Ontario L1B 1M! Ph:905-ge7.1445 Fax905-987-3638 I I I I I I I I I I I I I I I I I I I CGU AGREEMENT TO BOND AND CONSENT OF SURETY BOND NO. 83-8122-0002-02 NAME OF OWNER: The Corporation of the Municipality of Clarington DESCRIPTION OF PROJECT: Newcastle Memorial Arena Roof Replacement - Caroline Street West, Newcastle, Ontario - Tender No. CL2002-28 We, the undersigned, hereby agree to become bound as surety for Barr's Roofing, Siding & Sheet Metal Ltd., as Principal, in a Perfonnance Bond in the sum of 100% of the contract amount, and a Labour and Material Payment Bond in the sum of 100 % of the contract amount, on approved bond forms, and conforming to the Instruments of Contract for the full and due performance of the works shown and described herein, if the tender attached hereto be accepted and a written contract entered into. It is a condition of this Agreement and Consent that application for said Bond (or Bonds) must be made to the Surety within ( 60 ) da:;s from the closing of tender related thereto, otherwise this Agreement and Consent shall be null and void. Signed, sealed and dated this 1st day of August, 2002 CGU INSURANCE COMPANY OF CANADA /7 -J&; L, , By....................... ......... ....... ... 'D~ '~~K~~~~k~~~;~i~~F~~'t..(Seal) G2789 GA-29::? I. I I I I I I I I I I I I I I I I I I. 08-0T-02 11:20 FROW- IAII!II:I Workplac-~. 2ooProatSlnlllW~ ~ I>>urlll'lCl llouG TOf<lIlIO ON M5V 3Jl ~nAIIT ~Qelaskurite 200. nM Fl'Oftlo.a.t ~ ~~~~~ TcraatoON ""V JJ1' "-Z62 P.Ol/03 H47 FAX Cover Sheet ... Please note: The information contained in this facaimUe measagels privil~ed anlt confidential. and is intended only for the use of the individual named below and others who have belli'" epecifically authorized to receive it. If you nave received this communication in error, or If an~ problems occur with tne transmission, please notify us immediately by telephone. Rus/\ no Date of Tran~missjon AUe 0 7 2002 Please deliver to: b~'-J \'0 ~.p..J?.~. Name Barr's RootIng, SIding & Sheet Metal 66 Metcalf St.. p.o. Box 20009 Newcastfe. Ontario L 1B 1 M3 Ph: 905-987.1445 Fax 905-987.3838 OrganIZation Telephone No. Transmitted from: Name OepartmentlSranct\lSectlon Witl'lln one IlOUr [I same day Numbllr of pllge5 (I=>ccluding cover sheet) :2- [lg< No. (~05) ~~:t- ~'<)R PREVENTION SERVICES BRANCH 1-800-663-6639 416-344-1016 41 R -"'44 _3~b< t\~ Telephone No. ) J;Cessage 341~ (01198) I. I, I I I I I I I I 'I ',",VIn G SA.EU~ &. NANCy R RP. .J ?OX 2001"1<; ?(; ~, p,o'lCASTie 'F ,4("4... :::::; OJv 'LIB Hn r\. :r ~o ~ '~p 496;;'0 ''):':', "31~,n: i I A~ ..lESS."1E, IT F,t::::-~! PTS r '?E:AR ' . ~1~,VENI.;2 ( ;) , -.. ---..--.. - RATE . 7:'::3 . -----..---- Cl?ENt::D 01 ~AN 19~,3 CLOSED PREV 1"1,44!i 1997 ,) , 86 r 1998 2,45~1 ~999 S, 28', 2000 5,5:. .- 2COl 5, 1 ~6 2002 1/,'.~5 LIFETIME 43,,;35 RATE : 7C~ ....... ---------- OPENED 01 JAN 1993 CLOSED PR~V 1957 1998 1999 :ilCOO 2001 2002 I Lr FgTr I"IE RATE : 764 26,445 8,022 13,134 18,437 19,459 26,931 14,616 127,046 ---------- I. OPENED CLOSED 01 ~AN 1993 l?REV 119S7 1996 1999 12000 001 002 LIFETIME 4,882' 1,305 1,388 1,987 2,4CO 3,272 988 16,226 I I I I' oa-oHZ 11:Z~ :RC~I- Cosm AND FREQwENCY RECORD F nUMBE'r. OF ACCl DENT :(~PE}lSABLE COS'I' )( $ ) Cld BS - - - - - - - - ,... -, -.. - - - - - - - - - - -- f \ I,' I U 1 J,7 I 0 .87 0 " uo ': , J 'I '\' , { I 0 I, .,' 0 0 " 0 23 0 0 23 ''''''--....l'.. "-252 P 02/03 F-94T "7 Barn Rooflnt, SkIIng & Sheet Metal 66 Metcalf St" P.O. Box 20009 Newcastle, Ontario L 18 1 MS Ph: 905.987.1445 Fax 905-987.3838 RATE N'O. FI RM AVERAGE MANHOURS FREQUENCY FREQUENCY --------- --------- 0 4,294 0.0 4.9 C 1,31.5 0.0 " . 8 ~ 2,545 0.0 4. :2 ... 0 2,606 0.0 4.6 0 2,74i C.O 4.0 0 i.) C 6,031 0.0 5.4 C 7,94.5 0.0 5.0 C 9,826 0.0 4.9 0 13,13~ 0.0 4.9 0 19,627 0.0 4.3 0 0 I 0 l , ' I) , ,I 0 64!7 0.0 5.7 t' ! j 0 715 0.0 5.4 I, " 0 I 0 893 0.0 5.2 0 i 0 1,152 0.0 4.9 0 /" 0 1,656 0.0 4.8 0 0 () 0 - - I, /, I r" ., Ii J.: // . \. \, p 03/C1 ;:-947 \' "-m I I. I I I I I I I I I I I I I I I I I I n>.V!D G BARR Sc NANCY R BARR PO BOX 20009 ~. RPO NEWCASTLE:. Barts Roofinl, Siding & Sheet Metal NE.WCASTI:.E ON L1B 1M3 6&MetcaIf St., P.O. Box 20009 ACCOUNT NO: 584:9640 Newcastle, Ontario l1 81M3 FIRM NO; 240314JE Ph:905-987-1445 Fax 905-987.3838 COST AND FREQUENCY RECOFD ASSESSMENT NUMBER OF RATE NO. RECEIPTS! ACCIDENT COM?ENSAS!.E fIRM AVERAGE ~EAR REVENUE($) COSTS(S) CASES MANHOURS F RE,QUENCY FREQUENCY ---------- -------- ----------- -------- --.------- --------- AATE . 664 . ---------- CI?IWED ' CLOSED PREV 18,189 189 1997 0 0 0 0 0,0 0.0 1998 0 0 0 0 0.0 0.0 1999 0 0 0 0 0.0 0.0 20CO 0 0 ,0 0 0.0 0.0 2001 0 0 0 0 0.0 0.0 2002 0 0 0 LIFETIME 18,189 189 1 FIRM TOTA~ 205,397 892 1 THIS INFORMATION IS AS OF 06 AUG 2002 I I I I I I I I I I I I I I I I I , I I 7. CONTRACTOR SAFETY Barr's Rootl~g, Siding & Sheet Metal 66 Metcalf St., P.O. Box 20009 N~e,~o L181MS Ph: 905-987-1445 Fax 905-987-3838 POLICY AND PROCEDURE 7.1 POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated. on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; · the moving of a building or structure; and any work or undertaking, or any lands or appurtenances used in connection' with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. . I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY Barr's Rooflnl, SIdIng & Sheet Metal 66 Metcalf St., P.O. Box 20009 Newcastle, Ontario L 1 B 1 MS Ph: 905-987-1445 Fax 905-987-3838 7.1 POLlCY AND PROCEDURE Continued... Constructor _ means a person who undertakes a project for an owner and in~ludes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must inc1ude, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the 'Successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous aterial Inventory and material safety data sheets for the sites. I I I I I I I I I I I I I I I I I I I I 7. Barr's Roofinl, SIdIng & Sheet Metal 66 Metcalf St, p.o. Box 20009 NewcutIe, Ontario L 1 B 1 MS Ph: 905-987-1445 Fax 905-987-3838 CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... h) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety policies Hi) workplace procedures regarding health and safety practices i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orqers. .f-'~~;':\?~:;~;+' :F:~' : I I I I I 7. CONTRACTOR SAFETY Barr's RoofInt, SIdJag & Sheet MellI .. 66 Metcalf St., P.O. Box 20009 Newcastfe, 0nWi0 L18 1 MS Ph:905-987-1445 Fax905-987-3838 7.1 POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To CC;>ntractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. I I I I I I I I I I I I In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups . . .. . .. . .. . .. . .. . . . . .. . .. ... . ...... . .. . ... ........ . .. . '" .. . . . . . . . .. . ... · The Council Amended Draft #7 (CAD-?) Rating - The WSIB experience rating system for construction rate groups . ... . . . . .. . .. . .. . .. . .. . .. ... . .. . .. . .. . ... ...... .. . .. . ... .. . . . . .. . . . . ... · Injury frequency performance for the last two years - This may be available from the contractor's trade association. ....................................................................... · Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). · Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission). I I I I I I I I I I I I I I I I I I I 7. Barr's Roofing, Siding & Sheet Metaf 66 Metcalf St., P.O. Box 20009 Newcastle, Ontario L 1 B 1 M! Ph:905-987-1445 Fax905-987-3838 CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. IIwe will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/succ~ssful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the '~ct"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with th e Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall: a) act safely and comply in all respects to the Act, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with. the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non- compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee 011 the site at any time or times for the purpose of inspection to determine compliance with this contract/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its . subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this. contract/tender. j)/1lh.tJ I5-n /f ~ Contractor ~a~e 7n z:ntffictor c.e... (." "- Signature of Contractor ;)uc. 7 ~ Date . Barr's Roofinl, SIdIng & Sheet Metal 66 Metcalf St, P.O. Sox 20009 Newcastle, Ontario L 1 B 1 M! Ph: 905-987.1445 Fax 905-987-3838 tugn -c.l' ax 1/1'11 O~ ~; ll~ YAU!:. J.ll tugn-crax I I I I I I I I I I I I I I I I I I I ws'.'IIJ'M,"l.l'l,,,,,:,,'I"ljh 1%1:"':'="1: lluu...r 300 FRONT S7'RBB'I' tTBST CSPAAT- UJmmI:.:.1IIIuu..l.,s.('tllnt(. TORONTO ON:Z'ARIO_ pmi....i.~nrw:Il...tclel.lI.~ ' () ~trt'eUCOdml3duailVilU I15V 3Jl 416 344-1012 Clearance Certificate Certlflcatde decharge CONTRACTOR L' ENTRE PRENEUR Tn. Workplaca S.fllty and lnauranca B08rd {WSIBI Iw'eby wlliv.. It. rlllhU IM1dar SlICtIon 141 of the Wortpl8C8 Sefety _nd Il1IIUrance Act to hold tf1a Princ~.I. that i. in . CGn1taetual agreement with the Contractor named, liable for 8ny Section 141 liability at the Contrsctar for premiums and levu of Ule WSIB owing now cr within 80 days from the date of !hit Certlfioate BARR'S DAVID G BARR & NANCY R BARR BOX 20009 RPO NEWCASTLE NEWCASTLE ON L1B 1M3 Par Ia praente. I. CommiuiDn de Is 9SaJri~ profB99lonnele el I'asst.nnee oontre lee accldems du traveil (CSPAAT) renonce aux droits qui Iui soot cont".. en vs'tu d. I' article 141 de I. Lei sur 18 Hcuritiprofenionnellcr et l'aSll.l"ance comre 1~"1t accldems du nv8J1 et qui faut.orl$el)t . celif I'entrepreneur prineipal. qui a 1ign6 une ~n&e COI'ltraCt\JeIlo .voc I'ontfeprone\.l' dont Ie nom flg\lelUr Ie pRecnt oartificat. reaponHbIc du paiem8nt de tout prime ou de toute aomme que 1'Q(llreprerlell est tenu de verser a Ia CSPAAT irmllkliaternent ou dena lei eo join eulvllnt 141 dllt8 IndiQun iUl' GO ~n:ifK:at. THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE N~ED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFlCAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D'WJ.J:Ml~~~W!IB. NfIn \.iRf.", '- ~ d'urr"" MvliH _Ie c&'"AA r 11M. I 14Ult ~<<1 I'mII TIIlI.l o.-iJrtla1 Aooounl No.' N"rJv~l., II'M O. I AI' "'tNltnpiU 5849640 240314JE .4011099 HOMEBUILDING OPERA 4232000 SIDING WORK 4235000 ROOF SHINGLING I'''"'''' -,_........ A'ITN: CARRIE I C8rtlfk:alot No. I N" ~ ClllfifiAt I 201475538 19059873838 CtfttKt ",. WSl8 It you QIMt~ "'. veIIdtty 01 "''' doclulll8l1t. v.wr. CtI/'MfIJfIIItIW w<< " CSI'AA T ,; WIUS rklur. iN III "..dill.' IN Pf~ ~,. 01SOC I07r'9S1 I I I I I I I I I I I I I I I I I I I ~ui-zo-a2 10:~6 From-SIMCOE SURETY 416m5ST2 "-317 P01/02 H re .1 CGU PERFORMANCE BOND BO~i'D NO. 28335-02 AMOUNT: $49,862.00 KNOW ALL MEN BY THESE PRESENTS THAT BARR'S ROOFING, SIDlNG &: SHEET METAL LTD. as Principal. hereinafter called the Principa.l, and CGU INSUR.>\NCE COMPANY OF CAl'lJADA. a corporation created and existing under the laws of Canada, and whose principal office for Canada is loc;ued in the City of Toronto, Ontario, and duly authorized to transact the business of Suretyship tn all provintes and territories in Canada, as Surety, hereinafter called the Surety, are held and fIrmly bound unto THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON as Obligee, he~inafter called the Obligee, .in the amount of -FORTY-laNE THOUSAND, EIGHT HUNDRED A...~ SIXTY-TWO-------------GOflOO- Dollars ($49,862.00), lawfiu money of Canada, for the payment of which sum, well and. truly to be made, the Principal and the Surety bind them~lves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. TI/ WHEREAS, the Principal has entered into a wriuen COntract with the Obligel~, elated the 26 D)JIfA Y. I OF /J u G ()~ ~r- .2002 for , NEWCASTLE MIDvIORIAL ARENA ROOF REPLACEMENT - CAROLINE STREET WEST, NEWCASTLE, ONTARIO - TENDE..~ NO. CI.2002-28 in accordance with the contract documents submitted therefor which are by refereucl: made part hereof and are hereinafter referred to as the Contra.ct PROVIDED THAT the Surety shall not be liable for a1Ty oj the Principal 's obligations under the Comracr for evenTS occurring or discovered more than one (1) yeal' after the dare of substantial perfonnance of the Principal's work under rhe Comracr, and the word "ContraCT" for rhe purposes of this obligation shall be read accordingly. NOW, THEREFORE, THE CONDITION OF 'IRIS OBUGA1l0N is such that if the Principal shall promptly and. faithfully perform the Contract L'len this obligation shall be null and void; otherwise it sl1all remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default unde.r the contract, the Obligee having performed the Obligee's obligations mereunaer. the Surety may promptly remedy the default, or shall promptly (1) complete the Contract in accordam:c with its terms and conditions or (2) obtain a bid or bids for submission [Q the Obligee fur completing the Ccnrract in aeeordam:e with its terms and conditions, and npon detennination by the Obligee and the Surety of the lowest responsible bidder, amngc for a COntract between such bidder :md the Obligee and make available as work progresses (even though there should be a default, or a succession of default$, undei the contri2ct or contracts of completion, arranged under this para&raph) suCfICient funds to pay the cost of completiOl1leu the balance of the Conuac! price; but not exceeding, including other cests and. damages for which the Surety may be liable hereunder, the amount sef forth in the first paragraph hereof. The term "balance of the Contract price", as used in this paragraph, sha:I mean the total amount payable by the Obligee to tl18 Principal under the Contract, les:! the amoUIl.t properly paid by the Obligee to the PrW:ipal. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which fUlal payment uncler L"le Contract falls due. The Surety shall not be liable for a areacet sum than the specified penalty of this Bond. [Page 1 of 2] GA.1958 twO, I. I I I I I I I I I I I I I I I I I I AUi-20-02 10:35 From-SIMCOE SURETY 4162mm "-314 P 02/05 F-172 No right of action shall accrue OD this Bond. to or for the use of, any person or corpol':ltion other than the Obligee named herein, or the heirs. executors, administrators or succeSsors of tbe Obligee. IN WIT:SESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bonel this signed & sealed 20TH DAY OF AUGUST. 2002 ~ BARR'S ROOFING, J By. ... ...... .. ...-. .. .. ... . .. . ... Principal ItlG & SHEET METAl. LTD. ........... . (Seal) CGU L'iSURANC:e. COMPANY OF CANADA --..c'"""'~':.-:~""; By _...........""..... .......... ....' .~::.~. ........~~~~~. . (Seal) ...... -, ..- ... -...... .,. . ~~ ~~BAUER, Atm.l?e)~Jn-Fact -. ~ . ... '.. ::-2__'_":_.~. .= ....... . ;: ^ : --,.~. ::: = .-, : =,.: .::: .. - - .\ ~ - %~:- :..- - -. ~\.-:\...... .....:.~ ..~;:: :'':~:::~.:~:-.~~.~~> ,. [Pill:8 :2 of 2] I I I I I I I I I I I I I I I I I I I AUI-20-J2 10:56 From-SIUCOE SURETY 416225391'2 "-317 P ouez =-m III LABOli'R AND MAc;~AYMENT BOND (rnlstee Bonn) BOND NO: 28335-02 AMOUNT; $ 49,862.00 Note: This bond is issued SinlUl~[leously \\lUll another Bond In favou( or th~ Obli!le~ conditioned for thcs full aM faithfUl performance of the contract. KNOW ALL MEN BY THESE PRESENTS THAT BARR'S ROOFlNG, SIDING" SHEET METAL LTD. as Princip.u, herei11after call the Principal. and CGU INSURANCE COMPANY OF CANADA, a corporarion. created and existing ulll1er the laws of Canada, and whose principal office for Canada is locll[ed in the Municipality of Me;ro Toramo, Ontario. and duly authorized to transact (he business of Suretyship in all provinces and territories in Cansda, as SUrc~:y, hereinafter called the Surety, are, subject to the conditions hereinafter contained, held ind fumly bound untO THE CORPORATION OF THE ML"NICIPALITY OF CLARlNGTON as T~tee. hereinafter called the Obligee, for the use ani benefit of the Claimants, their and each of their heirs, executors, administrators. successors and assigns, in the AmOWlt of -.-FOR.TY-~'INE TIlOUSAND, EIGHT HVNDRED A1\'D SJX1Y-TWO-------------OOIlOO- Dollars (549,862.00) of lawful money of CiU1ilda for the:: payment of which sum well and truly to be made the Principal and the Surety bind l:hemselves, their heirs, executors, adIn1niitrators, successors and assigns, jointly and severally, firr.Uy by theso presents. WHE~, the Principal has OF l/<; Vs r , entered .2002 into a written contract with Obligee, T# :?~ DA~ the dated the NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT - CAROLINE STltEET WEST, NEWCASTLE, ONTARIO - TENDER NO. CL2002-ZS which Contract Documents are by reference made a part hereof. and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBUGATION is such !bal, if the Principal shall make payment to all Claimants for all labour and material used. or reasonably required for 1.1$e in the performance of tlle Contract. then this obligation shall be null and void; otherwise it shall remain in full force and effect. subject. however, to the following conditions: 1. A Claima.."1t for the purpOlSC of this Bond q defined i\.~ one having a direct cOotract with tbe Principalbr labour, material, or bOTh, used or reasonably required for use in the ~rformance of the Contract, laboux and material being consoued to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipmellt diccctJy applicabl~ to tlw Com:ract provided that a person, tlnn or corporation who rents equipment to the Principal to be used in the performance of the Conttac:r undIsr a contraot which provides that all or arty patt of the tent is to be applied towardll the pUIcha.c;e price thereof, sb.all only be a Claimant to the: extcml: of r..l]e prevail~ industrial rental value of such equipment for the period durinz which the equipment was used in the performance of tlle Contract. The prevailing inclu.I;trtal rental value of equipment sllall be detenniIllld, insofar as it is ptal:tical to do so, in accordan.:e with and in the manner provided for in the latest revised edition of the publication of the Canaaian ConslIuction Assocwion titled "Rental Rates on Contractors' Equipment" published prior ro me period during which the equipment was used in the performance of the Contract. 2. 11le Principal and the Surety hereby joinrly and severally agree with the Obligee. as Troste~. that IlVery Claimant who has not been paid as provided for under tilt: terms of his contract with the Principal, before the expiration of a ptlriod of ninety (90) days after me da.~ on which the last of such Claimant's wOrk or labour was dOlle or ~f()rmed or maccrials were furniahed by such Claimant. may as a beneficillI)' of the trUst herein provic1c::d for, llUe on this Bond, prosecure me suit to final judgment for such sum or sums as may be ju~tly due 10 such Claimant under the terms of his contract with the Principal and have execution thenan. Provided that the Oblig= fa not obliged to do or take any act. action or proceeding agtUlUt th<; Surety on behalf of the ClainlaIl1S, or any of mem, to enforce the provisions of this Bond. If any llCt. action or proceeding is taken either In the name of the ObIiS~ 01 by joiniJJg the Obligee ~ a pany to wch proceeding, then sucb act, action or proceeding, shall be taken on the understanding an4 basis that tbe Claimams: or any of them, who take lIuch oct, action 01' proceeding shall indemnitY and save harmlc:ss the Obligee ilgainst all COSts, charies and expenses or [page 1 of 2] ~.29sa C4lO' I I I I I I I I I I I I I I I I I I I AUi-ZO-02 10:36 Fran-SIMCOE SURETY 416zmm "-314 P 04105 F-m liabilities incurred thereon and any IOS5 or damage resulting to the ObligDe by reason thereof. Provided still funher that. subject to the: foregDing terms and. conditions. the Claimant>, or any of them. may use 111C IWIlC of The Obligee to :.uo on and entorce tbe provisions of mis Bond. 3. No suit or action shall be commenced hereunder by any Claimant: (a) unless such Claimar.t shall have given written notice within the time limits hereinafter set forth to Cll.(;h of U1C Principlll, \he Surety ancl tl1e Oblisee. stating with substantial accuracy the amount claimed. Such notice shall be served by mAiling the same by registered mllil to the Principal. the Surety and the Obligee. at any place where an office is fellullldy mai~d for the traullction ofbusil18S~ by sucb persOnS or served in lIny manncr ill which legal process may be served in the Province or ~ber pan of Canada. in which the subject matter of the ContrM:t is 10000u:d. SucllllOlice shall be given (1) in te~pect 01 any claim for the amount or any j)Onion choteol. rClq~ire4 to be held back !rom the Claunant by the Principal. 'Jnder either the terms of the ClaiDWlt'S comrael with the Principal. or under !he lic:ns Leiislation applicable to lhc Claimant's ~lltl'aet with thll PtiilCipal. whichever is dle gr~t. within one humlred and twenty (1Z0) dl\Y$ after sudl Claimant ahoulll have Iletn paid il\ full uncler !he Claimant's ooruraet with the Principal; (1) in respllct of any c\$im otlwr t1'san for the holdback. or portion thereof, nm:rrcd Ul aboVe. within one h .mdttd lUId twemy (120) days after the date t1poD which BUell Claimant dicl. or pcnonned. the llliil of the work Of l2bour or furnished the last cf the mll~ria!$ for which $\lc1\ claim i~ mad., uncler the Claimant's contract with tlle Ptin,jpal; (b) after the expiration of one (1) Yellr following the date OD which the Principal ~ work on the I:OOtIaCI, including work performed under the guarantees pravide4 In the Contrllct; (c) other than in a C:1urt of compctent jurlsdk:tioll in th~ Province or District of Canada tn which the st.bjt:e:t matler of the Contrac:.:. or any part thereof. is llitllared and not elsewhere. and the lla11ies bereto agrec to submit to the jurisdiction of such Court. 4. The Surety &iICe5 JlOt to tala: advantllZli: of Article 1959 of the CMl Code of tl1e Province of Quebec in tile event rhat, by an act or an oll1ission of a Claimant. the Surety can no longer be: subio:;alCd in the rights, hypothecs and priVilegf!So of said Claimant. 5. A:D.y material Cha.tl1:e in the contract between the Principal ancl the Obligee shalt nor prejudice the rillhts or interest ()f any Claimant under thi:l Bond. who is not instrumcnW in bringing abOUt or bas not ca.usC(i such change. 6. The amount of this Bond !lhall be: redu\%d by, and to the extent of any payment or payments made in good faith. ilnd in accordance with me provisions hereof. inclusive of the paymellt by the Sun:ty of LIens which may ~ filed of record against thc subject matter of the COntract. whether Or not claim for the t!nount of such lien be presented under and against this Bjnd. 7. TbI: Surety shall not be liable for a greater sum than the specified penalty of this Bond. iN WITNESS WHEREOF. the Principal and the Sure~ have Signed and Sealed this Bond this 20TH DAY OF AUGUST. 2002. ~.~~o~ )~G~.=.==.~:: Principal . CGU INSlJRA~.?:CANAD~ B~.......,................ ...... .............~ ..e.... ort;'......:~~. .~al) .::: ;:,...".'- .;.. - - ,,~ / ;::'!': DAUER, A~In.Fact -."'" - .. ... ~::i[ ;\.,"~ - - . ~. : -. ~ ,:-'" ..... - ~: .' ... - ... '\:~~~~~,~::? ~:.:' '~~~7../ .....~~..4."'.." Enclonod by; C",ad~n COOilno:<ioll D_ COIIlIIlim Tho RoyJIl ArclUlJlClImll IJIlIliLue of Cana4a i'Ile ....""".lion of CollS\llthlll ED;iIIco:f$ ot C&nAdlo Cttladiu ConsttUCllon A:iiQClalion 1'1le CalmdWJ C(&lIIcil afPforeaioallllilnaia-a COl\SLNcUOIl Spl!ltlfitWDIIII C;dda Snrety AncciatlOO ~ C1nada AllllIO\'ed b)': ~m (Page 2 of 2] I AUi-20-02 10:36 ~rom-SIMCoe SURETY 4162255ST2 "-314 P 05/05 F-1 T2 ...1.,) u V ..J ~ < . . This /'olll(/r of AJlorney U: nor valill unless it is priBJed em GREliN blUkg1'ollna wit. wattnuart: DII Miersfl. I GENERAL POWER OF ATl'OR..~ I Know aU Persons by These Presents: That CGU INSURANCE COMPANY OF CA.'iADA. a Corporation having itH principal office at 2206 Eglinton Avenue East, Scarbotough. Province of Ontario, Canada, does hereby constitute and appoint Angela Bauer I I of tbe City of Richmond Hill in the Province of Ontario its trUe and lawful attorney filt the following purposes: I I 1. to sign in its name as surety to. and to ~ute and deliver. seal and acknowledge any and all bonds, and to execute in its name and deliver any and all contreCt5 guaranteeing the fidelity of persons holdin& positions of public or private trust, ~uanteeing the performance of contracts other than in$'U1'MCe policies and ~C'lLti."lg or- guaranteeing bonds and undertakings, required or pennit';Cd in aU actions or proceedings, or by law allowed and 2. to sign in its name, and to execute and deliver, ami to guarantee the condJdons of any and all bonds. obligations, stipulations or anything in the nature of the same, which are or may be by law, municipal or otherwise, or by any Statutes of Canada, or of at!'J of the several Provinces or Thn'itories thereof, or by the rules, regUlations. orders, customs, practice or discretion of any board. body, organi2ation, office or officer. local. Im."1licipal or otherwise. be allowed, required or permitted Ul be executed. made. taken, given, telldered, accepted, filed Ilr recorded for the security Ot protection of, by or for any person or persons, corpotation, body, office, interest. municip;dity Or other il5!ociaoon or or~iIJli2ation whatsoever in any and all capacities whatsOeVer, conditioned for the do~ or Dllt cloilllS of anytbiDg or any conditions which may he provided for in any such bond, obligation. stipUlation or UJ1dertaldn~, or aIIything in the nature of either of the same. ' I I I And the said cau INSURANCE COMPANY OF CANADA, hereb~ ratifies and confIrms all and whatsoever me said I Angela Bauer may lav.rfully clo in the premises by virt'Je of these presents. I In Witness Whereof. the said COU INSURANCE COMPANY OF CANADA has caused this instrument to be sealed with its corporate seal. and executed by its duly authorized officers this 1st day of January, 2000. I CGU INSURANCE COMPANY OF CANADA By .u..............m.d~u..uuuu...........u... !gal Mayer . PresideQ~ (~ CEO . ..... '" , ,.' - - .,~:~.::..~~.::~:~,.". ....:.: _'.. ~ r _"_''''''",: . ~~ ~OR:PORAT.E SEAL}\ ~ "~ ;;: ... -.. . -= :: \~::~::::,.:~.,:..fi ',.,~._.,.,~~;........,,'~ I I -4 . /-i-.. _..4.~~~..'.........................-.. By.........." NonnlUl W. Mcintyre - Senior Vice President, finanee & Corporate Secrcwy I I This POWER OF A.TTORNEY may nOJ be used to exemte any bond with a signtd and sealed Ole after December 31J ;zOO3. I I i i ~ .;. = .. C> .... E ! .. .. j .!!! .g 'Ii ~ !! i .; I r::l 8 Q t- I I I I I I I I I I I I I I I I I I I ~!~.tpj'~q t-.1J ;S~ 1l~~\"Ma~r..~ 71!5 AXION-HORNE_tN& '" . . }".,... iI!"';ot. 141 02 .... ~;'~~';, ,,~ III Royal Insurance HEAD OFFICE 10 WEl.LINGTON STREET EAST lORON1O. ONTARIO M5E 1L5 Th.. is III c..1\lIy "" r.;HE OFFICE OF THE TH~ CORBORATION OF 40 Temperance St. 80wma~V111e, Onto CLER~ THEI MUNlCIPALITY I II ': I I , L1q 3EtSI 11 I! ,I ;! I OF C!.ARINGTON DATE; Au q. 19/20 0 2 ttlall'l:lqCl~' allna. rRnCB 118 herein I'lNerib8d have bean IlISUllCl 101"8 InsLIf.ld named ~ and aJe in Ir)ree III 111i~ clllla. i , ! I L- :1 Axion 1n~Jranc~ S~fvices Rova 1 ir W81n A11iap.ee Ins'-1~ance Toronto, I ,R9t~ '~~n~~a , ;111,1, I Ii ,I Barr I s Rb~'~iTlCfj ,S~ainq & 66 metca~,' I, si: pi:.lb_BO~ I . I 'I I I I I r- Newcastl~Hllo,~:t ,H-~ lMr.3 Metal AQENiTJ8FlOt<EA: INSUA~: AEGlONAL:AOOREBS, ~ ~ , I Sheet 2~009 I ' NAWED INSLlRED: ACDAESS: KlNOOF' ~L1C'( COMMII'lOJJ.. QIiNIAAL L..IABlillTY POUCV HUMI!Pl I II I! il , ~I~ I II ~ 'I II , 1l>lMt:IltIfllll/O'lldldOrh poIl"lf, lIIiII-ugno;pD IIWIY *-lIlI_Qfl~ _IftPllY"llIISe,lIS " C)Q;lImInc;e or Oaims Malia U 6023i88 o Prod~dI {"ndlI4H-IM IIJIdIDr , 4..J Compl~ Excluded D Ope~II" Aggreg- , L.imit.. IitIPii... '1W 0 ID Pl'llduCII No 0 CDmplstBd , OpenJlloq oNy Emplay8l'1l' { Includlld 0 L.labl!tty Excludl!ld 0 Closs { jlncludlild 0 Liability lixdudlld 0 Al.m:)UOBILi l:.IAIII.ITY All OWI1Cld IlA:lmobilll 0 Las.lllJJlllmoJ)llesm 0 INCLUSIVe LIMIT Stall':lM:l NOII-Owlle<j [:"'I ~':'Iicy Ll Specific vehicl...,. 'anI) 0 o ~. EACH AGGIDENT '::~~ ~,"'-' '...... . - ,~.-:: .. Non: atlon only and days 5:c!o LA..... ~, I I I I I I I I I I I I I I I I I I I Newcastle Memorial Arena ROOF REPLACEMENT Municipality of Clarington Tender No. CL2002-28 BARRY. BRYAN ASSOCIATES (1991) LIMITED Architects, Engineers, Landscape Architect, Project Managers 11 Stanley Court, Unit 1 Whitby, Ontario Canada L 1 N 8P9 Project No. 02067 Telephone: 905666-5252 Toronto: 905427-4495 Fax: 905 666-5256 E-mail: bba@bba-archeng.com Web Site: www.bba-archeng.com July 25, 2002 I I I I I I I I I I I I I I I I I I I DIVISION 00 01 02067 tblc.wpd SPECIFICATIONS Newcastle Memorial Arena Roof Replacement Caroline Street, Newcastle, Ontario Tender No. CL2002-28 for the Municipality of Clarington TABLE OF CONTENTS Page 1 NO. OF PAGES SECTION TITLE CONTRACT DOCUMENTS 00100 00200 00300 00400 Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Standard Terms and Conditions .......................... 8 Tender Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Appendix "A" - Bidders Experience Form ................... 1 Contractor Safety ..................................... 8 General Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary General Conditions . . . . . . . . . . . . . . . . . . . . . . . . 8 GENERAL INSTRUCTIONS 01005 01100 General Instructions .................................. 20 Special Project Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 1 SECTION 1 - GENERAL 1.1 Stipulated Price tenders executed and signed under seal, are invited for the supply of all labour, material, equipment and services to complete the work for the Newcastle Memorial Arena Roof Replacement, Caroline Street, Newcastle, Ontario, Tender No. CL2002. 28, in accordance with the Drawings and Specifications prepared by Barry · Bryan Associates (1991) Limited. 1.2 A Pre-bid meeting and site tour for Contractors will be held at 10:00 am, Friday, August 2, 2002. The meeting will be held at the Newcastle Memorial Arena, Caroline Street, Newcastle, Ontario. Consultants will be represented at this meeting. Any other site visits must be arranged with the Municipality of Clarington through Mr. Fred Horvath, Director of Operations, telephone (905) 263-2291. 1.3 The Tender Documents including the Contract Form (Canadian Standard Form of Agreement between Owner and Contractor, Canadian Standard Construction Document CCDC 2, 1994), as amended by the Supplementary General Conditions, the Instructions to Bidders including Appendix 'A', Specifications, Tender Form, and the Drawings listed in Section 8 hereof are all complementary and shall be read together. 1.4 Each Bidder shall examine the Tender Documents as soon as possible after receipt thereof, and should he discover any errors or omissions therein he shall notify the Consultant as soon as possible so that further instructions and/or Drawings may be issued to all Tenderers before the date set for receiving Tenders. 1.5 Tender Documents will be provided to qualified Contractors on receipt of a non-refundable fee of $30.00 for each set of documents. Payment may be made in the form of cash or certified cheque, payable to The Municipality of Clarington. 1.6 Tender documents will be available for viewing at the offices of the Durham Construction Association. 1.7 Individual drawings and sections of specifications are not available. 1.8 Bidders are advised that enquiries regarding interpretation of the drawings and specifications shall be directed to: Barry · Bryan Associates (1991) Limited 11 Stanley Court, Unit 1 Whitby, Ontario L 1N 8P9 Attention: Mr. C.M. Earle, MAATO Telephone No.: Facsimile No.: (905) 666-5252 (905) 666-5256 02067-00100.wpd DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 2 I I I I I I I I I I I I I I I I I I I SECTION 1 - GENERAL (Cont'd) 1.9 The Consultant(s) will not accept any calls from bidders or sub-trades regarding enquiries on this project 24 hours prior to close of Tender. 1.10 Bidders shall be responsible for the distribution of all Contract Documents and Addenda to all Subcontractors and suppliers. There will be no consideration given for extra payment due to the failure of any subcontractor or supplier to review all Documents prior to close of tender. 1.11 No claims for payment will be accepted because of failure on the part of the Owner, the Consultant or their representatives to supply any Subcontractor with all or part of the Contract Documents and Addenda thereto, which will have been supplied to the Bidder up to the closing date. 1.12 The successful bidder shall submit proof of Liability Insurance in the amount of Three Million dollars ($3,000,000.00) to the Municipality of Clarington, prior to the commencement of the work. Insurance policy shall name the Owner and the Consultants as additional insured. SECTION 2 - TENDER SUBMISSIONS 2.1 Tender submission shall be in accordance with the Instructions to Bidders and the Corporation of the Municipality of Clarington, Standard Terms and Conditions. 2.2 Tenders executed and signed under seal, will be received until 2:00 p.m. local time, on Friday, August 9,2002. Submit Tender to: Office of the Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 2.3 Bidders are solely responsible for the delivery of Tenders to the Office of the Clerk, on or before the date and time set for the close of Tenders. 2.4 Each Tender shall state the stipulated PRICE/PRICES for which the Bidder will undertake to carry out all the Work as described and/or shown in/on the Tender Documents. 2.5 The Tender Form, on the forms provided shall be filled in exactly as required, and shall be returned sealed in a Tender envelope provided by the Municipality of Clarington bearing the tenderer's name and clearly marked as indicated herein. 02067-00100.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 3 SECTION 2 - TENDER SUBMISSIONS (Cont'd) 2.6 Two (2) sets of Tender Forms are provided. Bidders shall complete and return one (1) set of Tender Forms. 2.7 Bidders shall furnish all information requested and fill in all blanks in the Tender Form. Should any uncertainty arise as to the proper manner of completing the form, the requisite information will be given by the Consultant. 2.8 Tender Forms shall be completed in a legible manner. Incomplete tenders may not be considered. Bids must be typewritten or in ink. Erasures or noticeable changes to the Tender Forms must be initialled by the Bidder. 2.9 Incorporated Companies must attach Corporate Seal and Signatures of proper officers shall be affixed. Bids not signed are subject to rejection. 2.10 All prices (unless otherwise specifically requested in the Tender Documents) shall be "Work completed" prices, and shall be understood to include for all material, labour and other expenses including all Provincial Sales Taxes, fees, insurance, compensation and other items required by governing regulations, as well as overhead and profit for the work concerned. Tender prices shall not include Goods and Services Tax. 2.11 It shall be understood that the Stipulated Price submitted in the Tender Form shall be open for acceptance and irrevocable for a period of ninety (90) days. 2.12 Tenders may not be submitted by telegram, facsimile, telephone or orally. 2.13 Late tenders will be returned unopened to the respective bidder. 2.14 The lowest or any tender will not necessarily be accepted. 2.15 Bidders must not include restrictive or conditional statements to alter the format, or intent of the tender. 2.16 Tenders received in accordance with these instructions will be opened at a Public Meeting at the Municipal offices immediately following the close of the Tender period. The tender opening meeting will be held in Meeting Room #1, First Floor, 40 Temperance Street, Bowmanville, Ontario, and interested bidders are invited to attend. SECTION 3 - ADDENDA 3.1 Bidders may, during the tendering period, be advised by Addenda of required additions to, deletions from, clarifications to, or alterations in the requirements of the Tender Documents. All such changes shall become an integral part of the Tender Documents and shall be allowed for in the Stipulated Price. 02067-00100.wpd DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 4 I I I I I I I I I I I I I I I I I I I SECTION 3 - ADDENDA (Cont'd) 3.2 Bidders shall insert, in the space provided in the Tender Form, the Addenda numbers of all Addenda received by them. If no Addenda have been received, the word "NONE" shall be inserted in the space provided. SECTION 4 - BASE BID TENDERS 4.1 Materials and equipment are specifically described and named in this Specification to establish a standard of materials and workmanship to which the Bidders shall strictly adhere. Where manufacturer's trade names are used, the Stipulated Price shall be based on the use of such materials and equipment as specified, no substitutions will be allowed. 4.2 Bidders may submit with their tender alternative proposals based on the use of alternative material equivalent to the materials or equipment specified in quality and performance and provided clearances and dimensions shown on the drawings are maintained. For all such alternative proposals the Bidder shall include such proposals and the following information in a letter accompanying his Tender, for consideration by the Consultant, at the time of opening Tenders. .1 Manufacturer's name and supplier's name. .2 Change in price if any. .3 Reason for proposing alternative. .4 Detailed description of alternative including identification of differences from specified products. .5 Statement assuming full responsibility that any equipment shall not exceed the space requirements allocated on the drawings. The successful Bidder shall be responsible for any additional installation cost, resulting from the acceptance of a substitute piece of equipment or product. .6 List of project references for proposed alternate equipment. .7 Any other information requested by the Consultant, including samples, as necessary to complete his evaluation of proposed alternates. Under no circumstances shall the value of an alternative material or equipment be included in the Stipulated Price. Under no circumstances will alternatives submitted after the closing of Tenders be considered. 4.3 The Owner reserves the right to accept or reject proposed alternatives as he sees fit, and also to claim for himself the financial benefit of a substitution, if a substitution is accepted. A rejection by the Owner of the proposed alternative is final and the Owner does not become obligated to give any reason for his action. 4.4 The Owner further reserves the right to take any such financial benefit into consideration in their final evaluation of all Tenders and the subsequent award of the Contract. 02067-00100.wpd I I I I I I I I I. I I I I I I I I I I DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 5 SECTION 5 - TENDERS NOT NECESSARILY ACCEPTED 5.1 The Municipality of Clarington reserves the right to: a) Cancel the Tender at any time prior to acceptance of a bid. b) Reject any or all bids. c) Cancel any order if the goods or services are unsatisfactory. d) Accept the Tender in whole or in part. e) Disqualify any Tenders not submitted in strict accordance with the requirements of the Tender Documents. f) Require each Bidder to submit evidence of his, and his proposed Subcontractors' experience and competence in similar work previously performed. 5.2 The Owner reserves the power and right to reject Tenders received from parties who cannot show a reasonable acquaintance with, and preparation of the proper performance of the class of work herein specified and shown on the drawings. 5.3 Tenders containing escalator clauses will not be considered. 5.4 Without limiting the generality of the foregoing, any tender which is incomplete, illegible or obscure, or which contains alterations not called for, or irregularities of any kind, may be rejected. SECTION 6 - TAXES 6.1 The Tender amount shall include all Excise Taxes and Government Duties on all materials required for the completion of the work of this Tender, provided that same are in force at the time of signing the Contract. 6.2 Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this contract. 6.3 The total Tender amount shall not include Goods and Services Tax (G.S.T.). SECTION 7 - TIME OF THE ESSENCE 7.1 The Contractor is cautioned that time is of the essence in this Contract and that the contractor's proposed schedule for completion of the work will be one of the factors considered in the award of the Contract. 7.2 Upon commencing work on site, all work must continue until completion without delay or work stoppage unless instructed otherwise by the Owner. 02067-00 1 OO.wpd DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 6 I I I I I I I I I I I I I I I I I I I SECTION 7 - TIME OF THE ESSENCE (Cont'd) 7.3 The Contractor will be required to provide all labour, material and equipment and direct his subcontractors and suppliers to work the number of shifts and days that are necessary to meet the agreed schedule. SECTION 8 - LIST OF DRAWINGS 8.1 Architectural Drawing No. Title Rev. No. Issue No. Issued A201 Plan and Elevations 0 2 July 17, 2002 A401 Sections, Details and Notes 0 2 Julv 17, 2002 SECTION 9 - EXECUTE CONTRACT 9.1 The Successful Bidder shall execute the Contract Documents within ten (10) calendar days of receipt of notification of Acceptance of Tender from the Owner. 9.2 The Successful Bidder shall commence the Work at the site within three (3) calendar days of receipt of Notification to Commence Work, and complete all construction to the satisfaction of the Owner and the Consultant as indicated in Section 7 herein. 9.3 Failure by the Successful Bidder to meet the above requirements will entitle the Owner to cancel the award of the Contract. The Owner may then award the Contract to one of the other bidders or to take such other action as he chooses. SECTION 10 - LOCATION 10.1 The site is located at the Newcastle Memorial Arena, 103 Caroline Street West, Newcastle, Ontario. 02067-00100.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 7 SECTION 11 - BID SECURITY 11.1 d D Bid / Ten er eDoslt Total Amount of Bid Minimum Deposit Required $20,000.00 or less $1,000.00 $20,000.01 to 50,000.00 $2,000.00 $50,000.01 to 100,000.00 $5,000.00 $100,000.01 to 250,000.00 $10,000.00 $250,000.01 to 500,000.00 $25,000.00 $500,000.01 to 1 ,000,000.00 $50,000.00 $1,000,000.01 to 2,000,000.00 $100,000.00 $2,000,000.01 and over $200,000.00 11.2 Bid deposit must be enclosed in the envelope with your tender. 11.3 Bid bonds issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000.00. 11.4 All tender bid deposits will be returned to the respective bidders within ten (10) 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 the Contract. SECTION 12- AGREEMENT TO BOND 12.1 Include with the tender, an agreement to bond issued by a duly incorporated and nationally recognized surety company, guaranteeing the faithful performance of the contract including the warrantee period, in accordance with the Contract Documents. Agree to furnish to the Owner, a Performance Bond and a Labour and Material Payment Bond, each in the amount of One Hundred Percent (100%) of the Stipulated Price. 12.2 The premiums for all bonds shall be included in the Stipulated Price. 02067-00100.wpd DIVISION 0 SECTION 00100 INSTRUCTIONS TO BIDDERS Page 8 SECTION 13 - CASH ALLOWANCES 13.1 Include in the Stipulated Price, the following cash allowances. .1 Independent inspection and testing $2,000.00 $2,000.00 TOTAL CASH ALLOWANCES SECTION 14 - STANDARD TERMS AND CONDITIONS 14.1 The Corporation of the Municipality of Clarington Standard Terms and Conditions attached to these Instructions to Bidders will be read in conjunction with the documents listed in Section 1, and will form a part of the contract, with the following amendments: 1. Delete the term "purchase order" and replace with "Canadian Standard Form of Agreement Between Owner and Contractor, Canadian Standard Construction Document CCDC-2, 1994 as amended by the Supplementary General Conditions". 2. In Article 7, 5th paragraph, change last sentence to read: "Goods and Services Tax shall be extra. Provincial Sales Tax is to be included in the bid price". 3. In Article 23, 2nd paragraph, add "Barry. Bryan Associates (1991) Limited" as additional named insured. 02067-00100.wpd I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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, Le. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over- writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 1 2 I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 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 thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS (continued) 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. 3 4 I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS (continued) PATENTS AND COPYRIGHTS- cont'd 9. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. . The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. I I I I I I I I I I I I I I I I I I I 18. 16. STANDARD TERMS AND CONDITIONS (continued) BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; Ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; 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). 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. 5 6 I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS (continued) 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. 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. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. I I I I I I I I I I I I I I I I I I I 25. 26. STANDARD TERMS AND CONDITIONS (continued) 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 $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 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. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 7 27. STANDARD TERMS AND CONDITIONS (continued) 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 in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT CAROLINE STREET WEST NEWCASTLE, ONTARIO TENDER NO. CL2002-28 NAME OF FIRM ADDRESS POSTAL CODE TELEPHONE NUMBER FAX NUMBER NAME OF PERSON SIGNING FOR FIRM POSITION OF PERSON SIGNING FOR FIRM TENDERS RECEIVED BY: The Office of the Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3E6 02067.Q0200.wpd I I I I I I I I I I I ! I I I I I I I I DIVISION 0 SECTION 00200 TENDER FORM Page 1 The Office of the Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3E6 Re: NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT CAROLINE STREET WEST NEWCASTLE, ONTARIO TENDER NO. CL2002.28 Sir: 1.0 We agree for the (Company Name) Stipulated Price stated below to supply all necessary labour, materials, plant, equipment, services and overtime work as may be required for the execution and completion of all work in connection with the above referenced project for the Corporation of the Municipality of Clarington, in accordance with Instructions to Bidders, The Municipality of Clarington's Standard Terms and Conditions, the General Conditions, Supplementary General Conditions, Specifications and Drawings. prepared for that purpose by Barry · Bryan Associates (1991) Limited, Whitby, Ontario and to the entire satisfaction of the Corporation of the Municipality of Clarington: STIPULATED PRICE (exclusive of GST) Dollars ($ 2.0 Further, to assist you with the necessary information for tax purposes, etc., the stipulated price includes the following: Provincial Sales Tax $ 3.0 Goods and Services Tax (GST) at 7% to be added to the Stipulated Price $ 4.0 The Stipulated Price includes CASH ALLOWANCES in the amount of $2,000 (Two Thousand Dollars) as listed in the Instructions to Bidders. 5.0 We agree the Owner reserves the right to accept or reject prices bid for the work or for any portion of the work. . 6.0 We agree that the Owner reserves the right to take any financial benefit, from alternates submitted, into consideration in the evaluation of all tenders and the subsequent award of the Contract. 02067-00200.wpd I i I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00200 TENDER FORM Page 2 7.0 We propose to complete the work within weeks following notification of award. Further, we agree that the proposed schedule for completion will be a consideration in the award of this contract. 8.0 We have received and included for Addenda No. _ to _ in the Stipulated Price. 9.0 In the event that work extra to that included in the Contract is required, and is authorized in writing by the Owner, the Contractor will add the following percentages to the cost of the work. Overhead Profit General Contractor's Work Subcontractor's Work 10.0 We submit the names of subcontractors upon whose tender the stipulated price was based: TRADE FIRM ADDRESS Demolition Rough Carpentry Roof Trusses Roofing Metal Flashing and Trim Painting 11.0 We have carefully examined all the Tender Documents, have visited the Site, and have a clear and comprehensive knowledge of the Work required under this Contract and of all the working conditions and schedule requirements. 12.0 We the undersigned agree that this Tender is valid and irrevocable and subject to acceptance by the Owner without notice to us for a period of Ninety (90) days from date of receipt of Tender, and that if notified of award of Contract, we will within ten (10) days of receipt of notification of Acceptance of Tender: a) Furnish to the Owner, in care of the Consultant, copies of insurance policies as required by the Conditions of the Contract. b) Furnish to the Owner a breakdown of the Stipulated Price in such form and detail as required by the Owner for progress payments, taxation and internal accounting purposes. c) Furnish to the Owner, a Performance Bond and a Labour and Material Payment Bond. issued by a Surety acceptable to the Owner, each for an amount equalling 100% of the Tender Price to ensure the full and proper completion of the Contract. 02067 -00200.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00200 TENDER FORM Page 3 d) Commence the work forthwith after the receipt of a letter of intent, contract or Purchase Order or when notified to do so by the Consultant and/or Owner and to execute the work continuously to completion. Time shall be the essence of the Contract and the work shall be completed in accordance with the agreed schedule. e) Furnish to the Owner a Clearance Certificate of the Workers' Compensation Board. f) Submit within three (3) days of award of the contract a detailed construction schedule to the Owner for approval. g) Furnish to the Owner a copy of our Corporate Safety Policy. 13.0 Wherever the plural is used herein, the same shall be read and construed as if the singular had been used where the facts and context so requires and as if all necessary grammatical changes had been made. 14.0 Bid Security: Attached to this tender form is a bid deposit in the amount required by the Instructions to Bidders. I/We the undersigned agree that if I/We withdraw this tender or default in executing a contract or providing the required Performance Security in accordance with the terms of the bid documents, the Owner shall have sustained liquidated damages in the amount equal to the difference between the amount of this bid and the amount for which the Owner legally contracts with another party to perform the work, if the latter amount exceeds the former up to a maximum of the amount of the bid deposit and such amount shall become the property of the Owner. 15.0 Bonds: Attached to this Tender Form is an agreement to bond in the amount of 100% for Performance, and 100% for Materials and Labour Payment. 16.0 Safety Form: Attached to this Tender is a completed copy of the Municipality of Clarington Health and Safety Practice Form. 02067-00200.wpd I I I I I I I , I I I I I I I I I I I I DIVISION 0 SECTION 00200 TENDER FORM Page 4 17.0 Signature and Seal of Bidder: Street Address Name of Company City or Town Signature of Company Official Postal Code Name and Title Telephone No. Signature of Company Official Date Name and Title SEAL Facsimile No. Tenderer's G.S.T. Registration No. If the bidding firm is a limited company, the company seal must appear on this Bid Form with the signature(s) of the proper signing official(s). 02067-00200.wpd I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I Newcastle Memorial Arena ROOF REPLACEMENT I Municipality of Clarington Tender No. CL2002.28 I APPENDIX 'A' - BIDDERS EXPERIENCE FORM I Bidders shall complete this form and attach to the Tender Form. Include experience on projects similar in size and scope to this project. I YEAR DESCRIPTION OF CONTRACT I NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. I ARCHITECT & TELEPHONE NO. VALUE OF CONTRACT I YEAR I DESCRIPTION OF CONTRACT I NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. I ARCHITECT & TELEPHONE NUMBER VALUE OF CONTRACT I YEAR DESCRIPTION OF CONTRACT I I I I I NAME OF ORGANIZATION CONTACT PERSON & TELEPHONE NO. ARCHITECT & TELEPHONE NO. VALUE OF CONTRACT Company Name 02067 Appendix A.wpd I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: · the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; · every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and · Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: · the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; the moving of a building or structure; and · any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete . and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. I I I I I I I I I I I I I I I I I I I 7.. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... h) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety policies iii) workplace procedures regarding health and safety practices i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. HEALTH AND SAFETY PRACTICE FORM I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups . The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups ....................................................................... . Injury frequency performance for the last two years - This may be available from the contractor's trade association. ....................................................................... . Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission). I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polic es and procedures and other applicable legislation or regulations. I/we will wo k safely with skill and care so as to prevent an accidental injury to ourselves, fellc w employees and members of the public. 1 . The contractor/successful tenderer certifies that it, it) employees, its subcontractors and their employees: a) are aware of their respective duties and oblig tions under the Occupational Health and Safety Act, as amer ded from time to time, and all Regulations thereunder (the "Act''); and b) have sufficient knowledge and training to perfDrm all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant tD this contract/tender, the contractor/successful tenderer shall: a) act safely and comply in all respects to the Ac t, and b) ensure that its employees, its subcontractors md their employees act safely and comply with all aspects with the Act. 3. The contractor/successful tenderer shall rectify any l nsafe act or practice and any non-compliance with the Act at its expense mmediately upon being notified by any person of the existence of suc~ act, practice or non- compliance. 4. The contractor/successful tenderer shall permit repre sentatives of the Municipality and the Health and Safety Committee 0 the site at any time or times for the purpose of inspection to determine c )mpliance with this contract/tender. 5. No act or omission by any representative of the Mun cipality shall be deemed to be an assumption of any of the duties or )bligations of the contractor/successful tenderer or any of its subcontn ctors under the Act. Signature of Contractor Date I I I I I I I I I I I I I I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. Contractor Name of Person Signing for Contractor I I 7. CONTRACTOR SAFETY I 7.1 POLICY AND PROCEDURE Continued... I Schedule "B" CONTRACTOR HEAL TH AND SAFETY WARNING/STOP WORK ORDER I The purpose of this form is to: (Issuer to check one of the following) I o Provide warning to the contractor to immediately I iscontinue the unsafe work practices, if it affects our workplace, described below I o Direct the contractor to immediately cease all wor being performed ! under this contract due to the unsafe work practice describ ed below. I FAILURE TO COMPL Y WITH THIS WARNING/STOP WO RK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. I PART "A" - DETAILS OF CONTRACT I CONTRACTOR/P.O. # I DESCRIPTION: I I NAME OF FIRM: I I I I I I 7. CONTRACTOR SAFETY 7.1 POLICY AND PROCEDURE Continued... PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE AND TIME OF INFRACTION DESCRIPTION OF INFRACTION, INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE AND TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE PART "C" - ADDITIONAL COMMENTS THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00300 GENERAL CONDITIONS Pa e 1 1.0 GENERAL .1 The Agreement, Definition and General Conditions of thi Contract shall be the Canadian Standard Construction Document CCDC-2, 1994, tipulated Price Contract, . except as amended by the Supplementary General Condition , Section 00400. 02067-00300.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 1 1. GENERAL .1 The Definitions and General Conditions of the Canadian Standard Construction Document CCDC-2, 1994, Stipulated Price Contract are amended as follows: .2 The Municipality of Clarington Standard Terms and Conditions appended to Instructions to Bidders shall be read in conjunction with, and form part of, the Contract document. Wherever the contents of this document exceed the requirements of the General Conditions, provide such additional requirements. 2. DEFINITIONS The definitions set out on page 7 of the standard construction document are hereby amended by adding the following sentences to the appropriate paragraphs: .3 The term 'Owner' The Municipality of Clarington, shall be understood to mean The Corporation of the Municipality of Clarington, Bowmanville, Ontario, or their authorized representatives. .7 The term 'Consultant', 'Architect' or 'Engineer', refers to Barry · Bryan Associates (1991) Limited, or their authorized representatives, in conjunction with the Owner. 3. GC 1.1 - CONTRACT DOCUMENTS .1 Delete from article 1.1.10 "sufficient copies of ...... work" and add: "5 sets of the drawings and specifications upon which the Contract is based. Additional copies of drawings and specifications will be issued to the Contractor at the Contractor's expense." 4. GC 2.3 - REVIEW AND INSPECTION OF THE WORK .1 Add the following to GC 2.3.2: The Contractor shall give the Consultant and the Testing Agency at least three working days notice of the date and time fixed for all required tests and shall supply all labour, materials and fuel, etc. as necessary. 02067-00400.wpd DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 2 I I I I I I I I I I I I I I I I I I I 5. GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS .1 Add new article as follows: 3.2.6 The Contractor shall afford all other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work. 6. GC 3.7 - SUPERVISOR .1 Add new article as follows: 3.7.3 The Contractor's Supervisor shall be satisfactory to the Consultant and must be maintained on the job full time until all deficiencies have been corrected and the completion of the Contract has been reached. Applications to replace the Supervisor during or prior to this period will not be considered. 7. GC 3.9 - LABOUR AND PRODUCTS .1 Add new article as follows: 3.9.4 Manufactured materials and equipment which are specified by their proprietary names or by part of catalogue numbers must be provided. Where a number of proprietary materials are specified for one use the Contractor may select any of the materials specified. No substitute for the materials specified will be allowed unless written approval of alternate material equipment is authorized by the Consultant prior to signing of the Contract. .2 Add new article as follows: 3.9.5 The Contractor shall use all proprietary materials and equipment in strict accordance with the manufacturer's printed instructions. 8. GC 3.11 - SHOP DRAWINGS .1 Add new article as follows: 3.11.7 The Contractor shall arrange for the preparation of clearly identified shop drawings and submission of 1 sepia and 4 copies of such shop drawings, erection and setting drawings or diagrams including electrical wiring schematics. The Consultant will return 1 sepia and 1 copy to the Contractor. 02067-00400.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 3 8. GC 3.11 - SHOP DRAWINGS (Cont'd) .2 Add new article as follows: 3.11.8 The term Shop Drawings shall include erection and setting drawings, data sheets and electrical wiring schematics. .3 Add new article as follows: 3.11.9 The Shop Drawing Review Stamp shall be as herein shown: "This review by Barry · Bryan Associates (1991) Limited is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that Barry · Bryan Associates (1991) Limited approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for co-ordination of the work of all sub-trades". REVIEWED ) REVIEWED AS MODIFIED ) NOT REVIEWED ) BARRY. BRYAN ASSOCIATES (1991) LIMITED BY: DATE: .4 Add new article as follows: 3.11.10 Samples: Reviewed samples will be returned to the Contractor or his Superintendent on the site. Materials ordered and/or received must match reviewed samples. Any materials, whether incorporated in the building project or not, which do not match reviewed samples, shall be removed and replaced at the Contractor's expense. 02067-00400.wpd DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 4 I I I I I I I I I I I I I I I I I I I 9. GC 3.12 - USE OF THE WORK .1 Add new article as follows: 3.12.3 The Owner shall have the right to enter and occupy the building in whole, or in part, for the purpose of placing fittings and equipment or for other uses before completion of the contract. Such entry and occupation shall not be considered as acceptance of the work or in any way relieve the Contractor from his responsibility to complete the contract. 10. GC 3.14 - CLEAN-UP .1 Add new article as follows: 3.14.5 As soon as sections or areas of the work are completed and ready for painting, the Contractor shall remove all rubbish and waste, replace all broken glass and leave the areas clean suitable for painting to the Painter's approval. On completion of the work the Contractor shall remove the dust by washing and vacuuming with industrial quality vacuum from walls, ceiling, sills, ledges, etc., thoroughly wash, wax and polish all floors and bases, clean and polish all mirrors and glass (both inside and outside) and leave the work in a condition satisfactory to the Consultant. Remove all plant and equipment, sheds, offices, barricades, hoarding, temporary roads, walks, and temporary services, surplus materials, and leave the work site in a condition satisfactory to the Consultant. .2 Add new article as follows: 3.14.6 The Owner shall have the right to back charge cleaning to the Contractor if not done by the Contractor within 24 hours of notice to clean. .3 Add new article as follows: 3.14.7 The Owner shall have the right to back charge cost of damage to the site caused by contractor transportation in and out of the site if not repaired before final payment. . 02067-D0400.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 5 11. GC 4.1 - CASH ALLOWANCES .1 Delete article 4.1.4 and insert the following: 4.1.4 In the event that the cost of the work covered by Cash Allowances should exceed the cash allowance, while the contract sum will be adjusted in conformity therewith, there shall be no adjustment to the Contractor's fee or other expenses such as overhead or profit, it being understood and agreed that the contract sum includes the Contractor's expenses and profit for all Cash Allowances whether or not they are exceeded. Work and material covered by Cash Allowance will be tendered later. The General Contractor shall sign the successful bidders as normal subcontractors and assume full responsibility for supervision, scheduling, guarantees and payment for this work. 12. GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER .1 Delete entirely, Articles 5.1.1 and 5.1.2. 13. GC 5.3 - PROGRESS PAYMENT .1 Refer to Article 5.3.2 - Change "(5)" to "(30)". .2 Add new paragraph: 5.3.3 The Consultant shall deduct, on each Certificate of Payment, after the 10% lien holdback has been deducted, a further 1 %, to be set aside and held as a Contract Completion Security Account. The accumulated amount in this account shall be released to the Contractor upon Total Performance of the Work. Partial releases will not be made. If, within fifteen (15) days of written notification by Owner at any time after Substantial Performance, the Contractor does not reach Total Performance, by failing to completely finish outstanding work, the Owner shall have the right to complete such work and deduct the cost for such work together with an appropriate administration fee from the Contract Completion Security Account. 14. GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK .1 Delete Article 5.5.3 entirely. 02067-00400.wpd DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 6 I I I I I I I I I I I I I I! I I I I I 15. GC 5.6 - PROGRESSIVE RELEASE OF HOLDBACK .1 Refer to Article 5.6.1 - Delete and replace with the following: "Holdback monies will not be released until 46 days after substantial performance of the Contract." 16. GC 5.7 - FINAL PAYMENT .1 Refer to Article 5.7.4 - Change "(5)" to "(30)". 17. GC 10.1 - TAXES & DUTIES .1 Add the following to GC 10.1.2: .1 The Contractor must provide a detailed breakdown of additional taxes if requested by the Owner in a form satisfactory to the Owner. .2 Profit and overhead shall not be included in the increase or decrease in costs incurred by the Contractor due to changes in the aforementioned taxes and duties. 18. GC 10.2 - LAWS. NOTICES. PERMITS AND FEES .1 Add new articles as follows: 10.2.6 It shall be the Contractor's responsibility to apply and pay for any Permits, the cost of which shall be included in the Stipulated Price except for the Municipality of Clarington Building Permit which will be obtained and paid for by the Owner. 10.2.7 The Contractor will file a Notice of Project with the Ministry and will pay any associated fees. The Contractor will be the 'Constructor' as defined by the Construction Health and Safety Act. 19. GC 11.1 - INSURANCE .1 Add new paragraph: 11.1.1 (6) The Corporation of the Municipality of Clarington and Barry · Bryan Associates (1991) Limited are to be included in the list of insured. 02067..Q0400.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 7 20. GC 11.2 - BONDS .1 Add new article as follows: 11.2.3 The bonds shall cover payment of all obligations occurred in the event of the Contractor's default, including the following: Payment of all legal, architectural, mechanical, electrical and structural engineering expenses incurred by the Owner in determining the extent of work executed and work still to be executed and any additional work required as a result of the interruption of the work. Payment of additional expenses to the Owner in the form of Watchmen's services, light, heat, power, etc" payable over the period between the default of the original contract and commencement of the new contract. 21. GC 12.1 -INDEMNIFICATION .1 Add new article as follows: 12.1.5 The Contractor shall indemnify and hold harmless the Owner and the Consultant(s) for and against any and all costs and expenses (including legal and architect/engineering services and court costs) arising out of or a consequence of any default of the Contractor under the Contract. 22. GC 12.3 - WARRANTY .1 Add the following to GC 12.3.3: The term "defect" shall not be construed as embracing such imperfections as would naturally follow misuse, failure to perform recommended maintenance, accident, or the wear and tear of normal use. Generally, any manufactured item or material, which when used as directed, must be capable of such use for the duration of the specified warranty period. Failure to comply with this requirement shall be considered as being a "defect". The costs of investigations, tests, repairs and/or replacement and the making good of any resulting damage shall be borne by the Contractor. The Contractor shall be responsible to see that all required work is performed without undue delay. 02067-00400.. wpd DIVISION 0 SECTION 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 8 I I I I I I I I I I I I I I I I I I I 22. GC 12.3 - WARRANTY (Cont'd) The carrying out of the replacement work and making good of defects shall be executed at such times as convenient with the Owner, which may entail overtime work on the part of the Contractor. The Owner shall give notice of observed defects promptly. Additional charges for overtime work in this regard must be borne by the Contractor. Prior to the expiry of the Warranty Period the Owner reserves the right to carry out a detailed and exhaustive inspection of the building with regard to all work carried out under the terms of this contract and the Contractor shall be required to make good the defective or unsatisfactory materials and/or workmanship observed. .2 Add new article as follows: 12.3.7 If extended warranties in excess of one year are required elsewhere in the Contract Documents, the provision of this article shall also apply for such extended periods. .3 Add new article as follows: 12.3.8 Any material or equipment requiring excessive servicing during the warranty period (or free maintenance period if applicable) shall be considered defective and the warranty (or free maintenance period) shall be deemed to take effect from the time that the defect has been corrected so as to cause excessive servicing to terminate. .4 Add new article as follows: 12.3.9 The Contractor shall make good in a permanent manner, satisfactory to the Owner, any and all damage to the work both during construction and during the period of warranty as aforesaid. The Contractor shall commence repairs on any work identified as defective within 48 hours or receipt of notice from the Owner or the Consultant. .5 Add new article as follows: 12.3.10 The decision of the Owner and Consultant shall be final as to the necessity for repairs or for work to be done under this Section. - END OF SECTION - 02067-Q0400.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Table of Contents 1.01 GENERAL REQUIREMENTS ....................................................... 1 1.02 SPECIFICATION FORMAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1.03 CO-OPERATION................................................................. 2 1.04 MATERIAL STORAGE AND HANDLING .............................................. 2 1.05 EXAMINATION.................................................................. 2 1.06 SCAFFOLDING.................................................................. 3 1.07 PROTECTION................................................................... 3 1.08 LINES, LEVELS AND DIMENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 1.09 FASTENINGS................................................................... 3 1.1 0 STANDARDS AND DEFIN ITIONS ................................................... 4 1.11 CUTTING AND PATCHING....... .. .................. .................... .......... 5 1.12 CO-ORDINATION................................................................ 5 1.13 COLD WEATHER WORKING. .. . . .... . . . . . . . . . . . . . . . .. .. . .. .. .. . . .. . . . . .. . . . . . . .... 5 1.14 SCHEDULES ................................................................... 6 1.15 TEMPORARY FACILITIES ......................................................... 6 .1 Heat. Heatina Eauipment and Shelter ........................................... 6 .2 Weather Protection ......................................................... 7 .3 Dust Screens and Hoardings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 .4 Hoistina Eauipment ......................................................... 7 .5 Toilets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 .7 Field Offices and Storace Sheds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 .8 Temporary Liaht and Power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 .9 Barricades, Safety Fencing and Traffic Control .................................... 8 1.16 OVERLOADING................................................................. 8 1.17 FINAL CLEANING.. . .. . . .. . . .. . .... . ... . .. . . . . .. . .. .. . . . . .. .. . . . . . . . . . . . ... . . .... 9 1.18 ACCESS TO SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 1.19 MAINTENANCE MANUALS ........................................................ 9 1.20 EXISTING SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 1.21 RECORD DRAWINGS ........................................................... 10 1.22 CLOSING OFF AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 1.23 TAKE-OVER PROCEDURE ....................................................... 10 1.24 FIRE PROTECTION ............................................................. 10 1.25 VERIFiCATION................................................................. 10 1.26 PROGRESS REPORTS AND PROJECT MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 1.27 OWNERSHIP OF MATERIALS. . . . .. .. . .. .. .. . . . . . . .. . . . . . . . .. .. . . .. . . . ... . . ... . ... 11 1.28 UTILITIES..................................................................... 12 1.29 SAFETY PROGRAM AND SECURITY ............................................... 12 1.30 DUST CONTROL ON DRIVEWAYS AND IN WORK AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 1.31 DAILY REPORTS AND OVERTIME WORK .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 1.32 HAZARDOUS MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 1.33 OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES. . . ... .... 16 1.34 SECURITy.................................................................... 17 1.35 SiGNS........................................................................ 17 1.36 CASH ALLOWANCES.. . . .... .. . ... . . . ... . . . . . . .. ... .. . . . . .. .. . . .. . . . . .. . ........ 17 1.37 QUALITY CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 1.38 SPILLS REPORTING ............................................................ 20 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 1 PART 1: GENERAL 1.01 GENERAL REQUIREMENTS A. Unless specified otherwise, the provisions of this Section shall apply to all Sections of the specifications. B. Conform to the General Conditions of the Canadian Standard Construction Document CCDC 2 1994 Stipulated Price Contract as amended by Section 00400, The Supplementary General Conditions, and the Instructions to Bidders (including the Standard Terms and Conditions). C. Study all Contract Documents to determine additional work required by your Section on which the work of other Sections depend. D. Workmanship shall be of highest quality in accordance with best standard practice for this type of work, except where specified more precisely. F. All materials shall be exactly as specified or approved alternate. See Section 00100, Instructions to Bidders. G. It is a requirement of all Sections of the Work to review all the Documents in this Contract, and to make allowances for any and all items of the work of their respective Section regardless of which part of the Drawings and Specifications contain such requirements. The General Contractor is responsible to provide all of the work shown and specified. 1.02 SPECIFICATION FORMAT A. These specifications are not intended as a detailed description of installation methods but serve to indicate particular requirements in the completed work. B. Conform to The Building Code Act, Ontario Reg. 413/97 (latest revision) together with all its related supplements, hereinafter referred to as the "code" or "Code". Where Drawings and Specifications exceed Code requirements provide such additional requirements. C. Where a material is designated on Drawings or in the Specifications for a certain application, unless otherwise specified, that material shall conform to standards designated in the Code. Similarly, unless otherwise specified, installation methods and standards of workmanship shall also conform to standards invoked by the aforementioned Code. Where no particular material is specified for a certain use, the Contractor shall select from the choice offered in the Code in each case. 02067-Q1005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 2 I I I I I I I I I I I I I I I I I I I 1.02 SPECIFICATION FORMAT (Cont'd) D. Where the aforementioned Code or this specification does not provide all information necessary for complete installation of an item, then the manufacturer's instructions for first quality workmanship shall be strictly complied with. 1.03 CO-OPERATION A. Cooperate with and coordinate with other trades as required for the satisfactory and expeditious completion of the work. Take field dimensions relative to this work. Fabricate and erect work to suit field dimensions and field conditions. Provide all forms, templates, anchors, sleeves, inserts and accessories required to be fixed to or inserted in the work and set in place or instruct the related trades as to their location. Pay the cost of extra work caused by and make up time lost as the result of failure to provide the necessary cooperation, information or items to be fixed to or built in, in adequate time. 1.04 MATERIAL STORAGE AND HANDLING A. Store packaged materials in original, undamaged condition with manufacturers' labels and seals intact. Handle and store materials in accordance with manufacturers' and suppliers' recommendations and in manner to prevent damage to materials during storage and handling. Replace damaged materials. Material storage within the Owner's buildings shall be approved by the Owner. 1.05 EXAMINATION A. Examine the work upon which your work depends. Report to Consultant in writing defects in such work. The commencement of your work or any part of it, shall be deemed acceptance of the work upon which your work or that part of it which has been applied depends. B. Drawings are, in part, diagrammatic and are intended to convey scope of work and indicate general and approximate location, arrangement and sizes of fixtures and equipment. Obtain more accurate information about locations, arrangement and sizes from study and coordination of shop drawings, including architectural drawings and become familiar with conditions and spaces affecting these matters before proceeding with work. Where job conditions require reasonable changes in indicated locations and arrangements, make changes at no additional cost to Owner. Similarly, where existing conditions interfere with new installation and require relocation, include such relocation in the work of this Contract. Install and arrange fixtures and equipment in such a way as to conserve as much headroom and space as possible. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 3 1.06 SCAFFOLDING A. Erect scaffolding independent of walls. Use it in such a manner as to interfere as little as possible with other trades. When not in use, move it as necessary to permit installation of other work. Construct and maintain scaffolding in a rigid, secure and safe manner. Remove it promptly when no longer required. B. Design and construct scaffolding in accordance with CSA S269.2-M. 1.07 PROTECTION A. Conform to the Ontario Ministry of Labour requirements and all applicable safety standards. B. Keep surfaces free of oils, grease, tar or other materials likely to discolour them or affect bond of applied surfaces. C. Damaged work shall be made good by appropriate trades but at the expense of those causing damage. D. Protect existing Buildings, surfaces, equipment and work. Repair or replace any damage at no extra expense to the Owner, until final acceptance. 1.08 LINES. LEVELS AND DIMENSIONS A. Layout work in accordance with lines and levels shown on Drawings and existing conditions. B. Verify lines, levels and dimensions and report errors or inconsistencies in the Drawings to Consultant before commencing shop drawing or the work. C. Levels and dimensions necessary to relate the work of one Section to another Section are the responsibility of the General Contractor. 1.09 FASTENINGS A. Supply all fastenings, anchors and accessories and adhesives required for fabrication and erection of the work. B. Exposed metal fastenings and accessories shall be of same texture, colour and finish as base metal on which they occur. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 4 I I I I I I I I I I I I I I I I I I I 1.09 FASTENINGS (Cont'd) C. Metal fastenings shall be of the same material as the metal component they are anchoring or of a metal which will not result in an electrolytic action which would cause damage to the fastening or metal component under moist or acidic conditions. D. Anchoring and fastening devices or adhesive shall be of appropriate type and shall be used in sufficient quantity in such a manner as to provide positive permanent anchorage of the unit to be anchored in position. Install anchors at spacing to provide for required load carrying capacity. E. Keep exposed fastenings to a minimum, evenly spaced and neatly laid out. F. Supply adequate instructions and templates and, if necessary, supervise installation where fastenings or'accessories are required to be built into work of other trades. G. Fastenings which cause spalling or cracking of material to which anchorage is being made are not permitted. H. Powder actuated fastening devices will not be permitted on this project. 1.10 STANDARDS AND DEFINITIONS A. Where a reference is made to specification standards produced by various organizations, conform to latest edition of standards, as amended and revised to date of Contract. B. Have a copy of each specified standard which relates to your work available on the site to be produced immediately on Consultant's request. C. Where a standard designates authorities such as the "Engineer", the "Owner" (when used in a sense other than that defined in the General Conditions) the "Purchaser" or some other such designation, these designations shall be taken to mean the Consultant. D. Whereverthewords "acceptable", "approved", "satisfactory", "selected", "directed", "submit", or similar words or phrases are used in standards or elsewhere in the Contract Documents, it shall be understood that they mean, unless the context provides otherwise, "acceptable to the Consultant", "approved by the Consultant", "satisfactory to the Consultant", "selected by the Consultant", "directed by the Consultant", "inspected by the Consultant", "instructed by the Consultant", "required by the Consultant" and "submit to the Consultants". 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 5 1.11 CUTTING AND PATCHING A. Cut, patch and make good to leave work in a finished condition where new work connects with existing and where existing work is altered. B. Do cutting and patching in the following manner: .1 Regardless of which Subcontractor or Section of the specifications is responsible for any portion of cutting and patching work, in each case tradesmen qualified in the work being cut and patched shall be employed to ensure that it is correctly done. .2 Do not cut, drill or sleeve load-bearing members without first obtaining Consultant's written authority for each condition. .3 Drill work carefully, leaving clean hole not larger than required. This applies to both new and existing work. .4 Cut holes after they are located by trades requiring them. .5 Make cuts with clean, true, smooth edges. Fit units to tolerances established by existing work and in conformance with best standard practice for applicable class of work. Make patches invisible in finished work. .6 Wherever it becomes necessary to cut or interfere in any manner with existing services and apparatus, do so at such times as approved by the Consultant. Give minimum advance notice of ten (10) days of such req uirements. .7 Co-ordinate work of your Section with work of other Sections, taking into account existing installations to assure best arrangement of components in available space. For critical locations review with Consultant before commencing work. 1.12 CO-ORDINATION A. Co-ordinate all sections of the work. The responsibility as to which subcontractor, or supplier provides labour, material, equipment or services rests solely with the Contractor. The Consultant will not be required to settle disputes between the Contractor and subcontractors or suppliers. 1.13 COLD WEATHER WORKING A. Particular attention is drawn to the requirement that the Contractor shall commence work immediately upon Contract award and shall continue full scale operations until the work is completed and accepted by the Consultant. . 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 6 I I I I I I I I I I I I I I I I I I I 1.13 COLD WEATHER WORKING (Cont'd) B. It is understood that the STIPULATED PRICE includes all costs for the provision of temporary heating, temporary shelters and all other necessary cold weather measures to enable all trades including any assigned sub-trades to proceed without delay regardless of weather, to complete the entire building. 1.14 SCHEDULES A Immediately after award of the Contract submit, in a form approved by the Consultant, a progress schedule for the work of the entire Contract. B. Include with the schedule if requested by the Consultant a cash flow chart calendarized on a monthly basis in an approved manner. The cash flow chart shall indicate anticipated Contractor's monthly progress billings from commencement of the work to completion. C. Completely update the progress schedule and cash flow chart whenever changes occur to the scheduling and in a manner and at times satisfactory to the Consultant. D. The Contractor shall provide all premium time required to meet the Owner's scheduled start dates for installation of his equipment and for start of tryout period. E. Submit a shop drawing schedule to the consultant prior to commencement of the work. 1.15 TEMPORARY FACILITIES A. Provide, install, maintain and locate where directed the following temporary facilities for the work and for all trades except where specified otherwise and remove them upon completion of the work: .1 Heat. Heatina Eauioment and Shelter The Contractor must keep that work which requires protection from cold adequately warm and sheltered from elements so that it may be done safely and with good workmanship meeting all code requirements. Provide minimum required temperatures and do everything necessary to produce a suitable environment for work to proceed without delay at all times of the year. The Owners electricity may not be used at any time for winter heat. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 7 1.15 TEMPORARY FACILITIES (Cont'd) .2 Weather Protection Provide adequate weather protection around and over all openings during the progress of the work to prevent damage to the existing building and completed work. Insulate openings or provide temporary heat to maintain comfort conditions in the area during construction. .3 Dust Screens and Hoardings Maintain adequate dust screens around demolition areas to protect buildings, equipment and staff. .4 Hoistina Eauipment Hoisting equipment shall be provided and operated by a fully qualified hoist operator, all trades making their own financial arrangements with Contractor for use thereof. .5 Toilets Provide toilet facilities for all personnel on the work. Toilets shall be in accordance with the Ministry of Labour requirements and shall include running, potable water. Keep facilities clean and sanitary and provided with supplies at all times. Remove wastes from the site. .6 Water Water is available at the site for the contractors normal use. Excessive use of water will not be permitted, and the contractor will be required to supply water when the Owner determines that excessive use has or will occur. Conveniently locate water supply for use by all Sections of Work. Protect water lines against freezing. Water shall be potable and meet requirements specified under technical sections of specifications. .7 Field Offices and Storace Sheds A. Space and locations for field offices and storage sheds for the contractors own use shall be assigned by the Owner and will be subject to availability of space. .8 Temporary Liaht and Power A. Power is available at the site for the Contractor's use. B. The Contractor shall provide all temporary electrical lighting and power systems for use by all trades. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 8 I I I I I I I I I I I I I I I I I I I 1.15 TEMPORARY FACILITIES (Cont'd) C. Where power requirements exceed available service, the Contractor shall arrange, obtain and pay for service of sufficient size to allow use of required tools and equipment and adequate lighting levels for the proper execution of the work. The Contractor will be responsible for the supply, installation, maintenance and removal of the following: 1) Distribution transformers. 2) Distribution panel boards. 3) Branch wiring. 4) Grounding. 5) Lighting Fixtures. 6) Power Centres/Outlets. All equipment used shall be CSA approved. Wiring and method of installation shall conform to Ontario Hydro requirements and shall be reviewed by the Owner and the Consultant prior to installation. D. Temporary lighting as necessary will be provided by the General Contractor. .9 Barricades. Safety Fencina and Traffic Control A. Provide all necessary barricades, fencing, hoarding and railings to protect the work areas and prevent access by unauthorized personnel from entering the site. Provide all necessary safety screens and hoarding to protect pedestrians and vehicles passing through the work area when necessary. B. Provide all required flagmen and watchmen to safely direct traffic around the work areas. 1.16 OVERLOADING A. Load no part of structure during construction with loads greater than calculated to be supported safely when completed. Make every temporary support as strong as permanent support. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 9 1.17 FINAL CLEANING A. Keep building and site free from accumulation of dirt, debris and excess materials. Remove oily rags and waste from premises at close of each day, or more often if required. B. Use appropriate apparatus and cleaning materials. Clean manufactured articles in strict accordance with the manufacturer's directions in each case. C. Upon completion offinal cleaning, remove cleaning equipment, materials and debris from the Building and Site. D. Trademarks and labels will not be visible in the finished work. Where necessary, remove all trademarks and labels to the entire satisfaction of the owner. 1.18 ACCESS TO SITE A. Height, width and weight restrictions must be verified prior to bringing equipment into the work area. B. Comply with all local and regional requirements for restricted vehicle loads during half load season. 1.19 MAINTENANCE MANUALS A. Prior to issuance of the final certificate, assemble all warranties and guarantees submitted by manufacturers and called for,throughout the specifications and printed or type-written copies of recommended maintenance procedures from those doing the work of each Section whose materials require regular maintenance on the part of the Owner. Assemble this information in triplicate in matching 3-ring binders and deliver to the Consultant. Each binder shall contain a complete list of contents. Manuals shall be submitted and approved prior to final inspection. 1.20 EXISTING SERVICES A. Carry out the breaking into or connecting to existing services at such hours and times as recommended by the governing authorities and approved by the Consultant, and with no disturbance to the existing Complex. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 10 I I I I I I I I I I I I I I I I I I I 1.21 RECORD DRAWINGS A. Obtain sepia of floor plan and record any revisions to the work as detailed and shown on the Drawings. Provide Consultant with this sepia at completion of work. Recording of the 'as-built' changes shall be performed on a day-to-day basis. 1.22 CLOSING OFF AREAS A. Close off access routes by placing barricades or to prevent unauthorized personnel from having access to areas of the work. Unauthorized personnel shall mean the Owner's employees and anyone not directly concerned with the execution, supervision or inspection of the work. Obtain prior written approval from the Owner at least 10 working days in advance of any required closings. 1.23 TAKE-OVER PROCEDURE A. Take-over procedures will be as defined in the OAAlOGCA Document 100 dated November 1983 "Recommended procedures concerning substantial performance of construction contracts and completion take-over of projects." 1.24 FIRE PROTECTION A. Provide temporary fire protection throughout the course of construction. Particular attention shall be paid to the elimination of fire hazards. 1.25 VERIFICATION A. The Contractor and all subcontractors shall carefully check the drawings and specifications and shall draw to the attention of the Consultant any apparent discrepancies or dimensional errors before proceeding with the work. Any job deviation from the specifications and drawings shall be drawn to the attention of the Consultant for decision before proceeding with the work. The Contractor and all sub-contractors shall check and verify all dimensions at the job wherever referring to the work. All dimensions when pertaining to the work of other trades shall be verified with the Contractor concerned prior to start of the work. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 11 1.26 PROGRESS REPORTS AND PROJECT MEETINGS A. The Contractor shall keep a permanent written record on the site of the progress of the work. This record shall be open to the inspection of the Consultant at all reasonable times and a copy shall be furnished to the Consultant upon request. B. The record shall show the dates of commencement and completion of the different trades and parts of the work coming under the Contract and shall include particulars regarding daily weather conditions, demolition work, erection work, etc., and number of employees of the various trades engaged on the work. C. After the award of the Contract and in consultation with the Consultant, the Contractor shall arrange regular weekly (or as otherwise required by the Owner) project meetings. The Contractor and the Owner shall be represented at these meetings, as well as any sub-contractor or supplier as may be invited to specific meetings. Minutes of such meetings shall be recorded by the Contractor, who shall forward a copy to all parties in attendance within three (3) days of the meeting. D. Prior to the regular project meetings with the Owner and Consultant the Contractor shall hold meetings with his workers and/or his sub-contractors and/or suppliers. Minutes of such meetings shall be submitted to the Consultant and Owner. E. During the course of the work on the site, the Contractor shall hold safety meetings at least weekly with his subtrades. The Contractor shall minute such meetings and submit same to the Consultant and all present. This does not relieve the Contractor of his responsibility to inform the Consultant and the Owner immediately of any accident or unsafe conditions. 1.27 OWNERSHIP OF MATERIALS A. All work or material delivered on the site or premises to form part of the works, shall be considered the property of the Contractor until installed and shall not be removed without the consent of the Owner, but the Contractor shall have the right to and shall remove the surplus material after he has completed the work. If so directed by the Consultant, such surplus material shall be removed at any time prior to the completion of the work. B. The General Contractors shall note that all demolition materials shall be removed from the Owner's property, and disposed of at a locatipn arranged for by the Contractor, and at the Contractor's expense, unless specifically noted otherwise. C. All material and equipment indicated on the Drawings to be removed and handed to the Owner shall be carefully removed and delivered to an area on the property as directed by the Consultant. Any damage to the removed materials that are to remain the property of the Owner shall be repaired at the Contractor's expense to the complete satisfaction of the Consultant. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 12 I I I I I I I I I I I I I I I I I I I i 1.28 UTILITIES A. Be responsible for the protection of all utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from relocation due to the Contractor failing to provide adequate protection. B. The location and depth of any underground utilities shown on the Contract Drawings are based on the investigations made by the Owner. It is, however, the Contractor's responsibility to contact the Owner for further information in regard to the exact location of all utilities to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 1.29 SAFETY PROGRAM AND SECURITY A. The attention of the Contractor and all sub-contractors is drawn to the fact that a total safety program is in effect on the Owner's property and shall be strictly adhered to. The Contractor will obtain a copy of the Municipality's "Corporate Safety and Health/Loss Control Plan", and shall adhere to the policies of this plan including the dress code for on the job safety. B. Occuoational Health and Safety Act 1991 The Contractor shall obey all Federal, Provincial, and Municipal Laws, Acts, 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 Contractor. Without limiting the generality of the foregoing, the Contractor 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 Contractor's obligations under this Contract. C. Confined Soace The Contractor shall be aware of and confirm to all governing regulations, including those established by the Municipality, related to employee health and safety. The Contractor shall keep employees and Sub-Contractors informed of such regulations. D. The Owner subscribes to the principle that the safety of all persons, whether they be invitees or licensees, be maintained to all practicable extent, during all periods of time such persons remain on the Owner's property. E. The supervisor of the project, representing the Contractor, will be responsible for his employees and subcontractors/suppliers maintaining standard safety practices, as well as the specific safety rules listed below. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 13 1.29 SAFETY PROGRAM AND SECURITY (Cont'd) F. The following Acts and the regulations made thereunder (latest revisions), shall not be contravened: i) The Occupational Health and Safety Act and Regulations for Industrial Establishments ii) The Power Commission Act Hi) The Boiler and Pressure Vessels Act iv) The Elevators and Lifts Act v) The Operating Engineer's Act vi) The Occupational Health and Safety Act, 1991 and Regulations for Construction Projects vii) The Building Code viii) The Municipality of Clarington Corporate Safety Plan. ix) The Ministry of Labour x) The Fire Marshals Act xi) Any other act or regulation of any authority having jurisdiction. G. The Owner reserves the right to order individuals to leave the site if the individual is in violation of any safety requirement or any Act, any expense incurred will be the responsibility of the Contractor. H. Without restricting the generality of the foregoing clauses, the following specific safety rules have been written: .1 Hard Hats - Hard Hats must be worn in construction area. The Contractor shall provide CSA approved hard hats for use by all visitors. .2 Safety Harness - A safety harness with a life line attached shall be worn by employees working in tanks or bins or in any area where there is a danger of anyone being overcome by fumes, or where it would be difficult to remove a man in case of emergency. An attendant must be stationed outside to render aid in case of trouble. .3 Padlocks and Dancer Taos - Where there is a danger of equipment being energized, the motor switch on all individual motor drives shall be locked in the open position. The Contractor shall affix his own lock (I man = I lock) and in addition, a danger tag shall also be applied to the switch handle bearing a brief description of the work being done. The tag and lock shall remain in place until the work has been completed. In the case where air, steam or liquid is the motivating power the valves shall be locked in the closed position and blanked. .4 Electrical- Only three-wire grounded equipment shall be used for a 110 volt power supply. Plugs and cords shall be in good repair. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 14 I I I I I I I I I I I I I I I I I I I 1.29 SAFETY PROGRAM AND SECURITY (Cont'd) Under no circumstances shall a connection be made to such an outlet except through an approved three-wire plug. Insertion of bare wires in a female outlet is strictly prohibited. .5 Fire Protection - The use of extension lights, electric drills, emery grinding wheels or any spark emitting device shall not be permitted in any area where flammable liquids are stored or used. No flammable liquids may be brought onto the site unless they are stored in approved safety cans. .6 Oxvaen - Acetvlene and Arc Welding: If a gasoline powered generator is used, adequate ventilation must be provided. All electrical supply lines for arc welding must be kept in good repair. .7 Eauioment - General All straight ladders must be free of damage; i.e. cracks or broken rungs, and must have adequate safety feet. They must not be placed on boxes, etc. or placed in a doorway unless someone is stationed at the bottom. All ladders must be tied-off. Suspended loads must not be left unattended and must not be moved over the heads of anyone. When overhead work is in progress, the floor area should be roped off to prevent possible injury to anyone working or passing below. No one is to work over hot or corrosive materials without proper planking in addition to a safety belt and life line. Lift trucks must be equipped with an overhead screen guard and the forks must be straight and properly positioned. In addition, the vehicle should be large enough for the work involved. All welders and gasoline powered equipment to be vented to exterior. .8 Housekeeoina Scrap and refuse should be removed from the work area daily. Oily and waste solvent rags are a fire hazard and should be deposited in approved containers. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 15 1.29 SAFETY PROGRAM AND SECURITY (Cont'd) Conduit, pipe or structural steel must not be left in such a way that it constitutes a hazard. All openings in the roof or floor must be guarded to prevent anyone from falling through or to prevent stock or scrap from dropping down. Outside holes or pits must be guarded and provided with warning lights. Loose equipment, tools, etc., must be cleaned off overhead areas before leaving each day. Boards with protruding nails. must not be left on the roof. In addition, bolts, etc., must be cut off at floor level to eliminate a possible tripping hazard. Access routes to and from the work area from exterior shall be kept free from the accumulation of waste products and dirt. 1.30 DUST CONTROL ON DRIVEWAYS AND IN WORK AREAS A. The Contractor will be solely responsible for controlling dust nuisances resulting from his operations, both within the work limits and elsewhere. Quantities of water and calcium chloride shall be supplied and applied by the Contractor to those areas as being necessary and unavoidable for the prevention of dust nuisance or hazard to the area, as directed by the Consultant at no additional cost. B. Care shall be taken to control dust within the building. The Contractor shall provide adequate protections and dust screens to the complete satisfaction of the Consultant and as indicated on the drawings. 1.31 DAILY REPORTS AND OVERTIME WORK A. Sundav and Statutory Holidav Work .1 Work may be permitted on Sundays, only with written permission from the Municipality, and only to such extent as he may judge to be necessary. .2 Under special circumstances, approval may be given for work on Statutory Holidays, at the discretion of the Municipality of Clarington. The Contractor must submit written notification at least four (4) days in advance of the Statutory Holiday on which he desires to work, indicating the location and nature of the work to be performed. The Contractor must obtain written permission from the Municipality of Clarington authorizing work on a specific Statutory Holiday. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 16 I I I I I I I I I I I I I I I I I I I 1.32 HAZARDOUS MATERIALS A. Workplace Hazardous Material Information System (WHMIS) Prior to the commencement of work the Contractor shall provide, to the Consultant, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Consultant of changes to the list in writing and provide the relevant Material Safety Data Sheets. B. "Hazardous Materials" will not be introduced for experimental or any other use prior to being evaluated for hazards. C. Many common construction materials such as asbestos pipe and various insulations are hazardous materials or contain hazardous materials and may not be used under any circumstances. D. When any material, which constitutes a hazard, is to be used, the Owners and Consultant should be consulted prior to bid submission to ensure adequate allowances have been made for the proper procedures to be followed at all times. 1.33 OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES A. In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the following designated substances are present on the site and within the limits of this Contract: 1. Not Applicable. B. It is the responsibility of the Contractor to ensure that all Sub-Contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. C. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. D. Prior to the commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two (2) weeks in advance of work starting. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 17 1.33 OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES (Cont'd) E. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. F. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. G. Should a Designated Substance not herein identified be encountered in the work, then management of sLich substance shall be treated as Extra Work. 1.34 SECURITY A. Be responsible for security of all areas affected by work of this Contract, until taken over by Owner. B. Take steps to prevent entry to the work by unauthorized persons and guard against theft, fire and damage by any cause. 1.35 SIGNS A. With the exception of project sign, safety signs or notices do not erect any signs unless approved by the Consultant. B. Erect signs related to safety on the work, or mandatory regulation notices. C. Prior to commencement of work wherein hazardous or volatile cements, coatings, or substances are used, barricade entire area and post adequate number of "NO SMOKING" signs. 1.36 CASH ALLOWANCES A. Comply with requirements specified herein and with applicable requirements of the General Conditions of the Contract. B. Unless otherwise specified, cash allowances shall cover the cost of the materials and equipment delivered F.O.B. job site, and all applicable taxes. The Contractor's handling costs on the site, labour, installation costs, overhead and profit and other expenses shall be included separately in the Contract Sum and not in the Cash Allowance. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 18 I I I I I I I I I I I I I I I I I I I 1.36 CASH ALLOWANCES (Cont'd) D. Cash allowance for independent inspection and testing shall cover the cost of such services as provided by independent testing agency only. The Contractor's cost for labour, overhead and other expenses shall be included separately in the Contract Sum and not in the allowance. E. If the cost of the Work covered by allowances, when determined, is more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order. F. The Contractor shall cause the work covered by allowances to be performed for such amounts and by such persons as the Consultant may select and direct. G. Expenditures from cash allowances shall be authorized in writing by the Consultant. Trade Discounts and refunds shall be credited to the owner; only cash discounts (if any) on accounts paid by the Contractor before net due date being retained by the Contractor. H. Refer to Section 00100 Instructions to Bidders, for list of Cash Allowances. 1.37 QUALITY CONTROL A. Requirements specified herein apply to independent inspection and testing specified under technical Specification Sections. B. Requirements specified herein do not apply to the following: .1 Inspection and testing required by laws, ordinances, rules, regulations and orders by public authorities. .2 Testing, adjustment and balancing of mechanical and electrical systems and equipment. .3 Inspection and testing performed exclusively for Contractor's convenience. C. Refer to technical specification sections for specific inspection and testing req uirements. D. Testing agency shall do the following: .1 Act on a professional and unprejudiced basis and carry out inspection and testing functions to establish compliance with requirements of Contract Documents. 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 19 1.37 QUALITY CONTROL (Cont'd) .2 Check work as it progresses. Failure to detect defective work or materials shall not in any way present later rejection when such defect is discovered, nor shall it obligate Consultant for final acceptance. .3 Prepare reports stating results of tests and conditions of work and state in each report whether specimens tested conform to requirements of Contract Documents, specifically noting deviations. .4 Distribute reports as follows: a) Consultant - 4 copies b) Contractor - 2 copies Testing agency is not authorized to amend or release any requirements of Contract Documents, nor to approve or reject any portion of work. E. Contractor shall do the following: .1 Notify testing agency 24 hours in advance of operations to allow for assignment of personnel and scheduling of tests. .2 Provide testing agency with access to work at all times. .3 Supply material samples for testing. .4 Supply casual labour and other incidental services required by testing agency. .5 Provide facilities for site storage of samples. F. When initial inspection and testing indicates noncompliance with Contract Documents, any subsequent reinspection and retesting occasioned by noncompliance shall be performed by same testing agency and cost thereof borne by Contractor. G. Employment of independent testing agency shall in no way relieve Contractor of his obligation to perform work in accordance with requirements. Performance or non- performance of the Inspection and Testing Company shall not limit, reduce, or relieve the contractor of his responsibilities in complying with the requirements of the Documents. 02067-01005.wpd DIVISION 1 SECTION 01005 GENERAL INSTRUCTIONS Page 20 I I I I I I I I I I I I I I I I I I I 1.38 SPILLS REPORTING A. Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Consultant. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. B. . This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. - END OF SECTION - 02067-01005.wpd I I I I I I I I I I I I I I I I I I I DIVISION 0 SECTION 01100 SPECIAL PROJECT REQUIREMENTS Page 1 PART 1: GENERAL 1.01 OPERATIONAL REQUIREMENTS AND LIMITATIONS A. Contractor's use of site and premises may be limited to permit Owner to occupy and use facilities in accordance with scheduling requirements and commitments and with the least amount of inconvenience and disturbance possible. B. At all times restrict construction personnel, operations and procedures to designated locations and do not deviate from required procedures without prior approval by Owner. C. Periodically review proposed construction operations with Owner and Consult and co-operate as required to ensure that Owner's interests and requirements are not unduly compromised. D. Take over and assume responsibility for the area encompassed in this contract until Substantial Performance except as otherwise indicated. E. Provide and maintain access for Owner's staff and the public to areas designated for early take-over and occupancy. Carry out work at times and in manner preventing unreasonable interference with Owner's existing operations and use of facilities. Maintain access to the building and egress from occupied areas of the building to the requirements of the Ontario Building Code at all times. 1.02 SCHEDULING REQUIREMENTS A. There may be periods during construction where no excessive noise can occur and these operations would have to be scheduled at an approved time. Allowances must be made for this special scheduling and hardship or delay claims will not be considered. The following scheduling requirements shall apply: 1. Commence construction immediately upon award of contract. 2. Mechanical and Electrical equipment and service disconnections shall be done at times approved by the Owner. Equipment shall be reinstalled and made operable immediately following roof replacement and as the work progresses. 3. The project will be substantially complete by August 31, 2002. B. The Contractor must prepare and submit for approval, a schedule and a work program based on the above general sequence taking into account key dates and scheduling requirements. C. Comply with local by-laws for noise levels with respect to hours of operation. Restrict all construction traffic and operations accordingly. 02067-01100.wpd CONTRACT DRAWINGS NEWCASTLE MEMORIAL ARENA ROOF REPLACEMENT Municipality of Clarington Tender No. CL2002-28 OWNER CONTRACTOR 1 .&�,� C)name wn r ame of owr WITNESS \ WITNESS signatu a sign Lure name and title of person signing name and title of person signing r' Sig ure signature signature sig ature I C fic, name and title of pers6n signing name and title of person signing name and title of pc.:rson signing namb and title of person signing • CHECK AND VERIFY ALL DIMENSIONS AT THE SITE. ALL DRAWINGS,SPECIFICATIONS AND RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLE WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN. B.A L p yy r N DRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNED S T R E E T AND SEALED BY THE CONSULTANT. F. 5 6 O ® 9 10 1 1 NEWCASTLE ARENA w 0 0 7e,537 sq.Fr. (z,651 so.M.) � eE.oo�ar co Z 0 NO. ISSUES DATE BY Q 0 1 FOR REVIEW JULY BBA 09/02 2 FOR TENDER JULY BBA I I 17 02 - - SITE PLAN N \_ G 0401, EXISTIN G METAL ROOFING GUTTER FIRESTOP ATTIC EQUAL SPACE EQUAL 122'-10 1/2" O SITE VERIFY Ir 1 M41 ROOF PLAN 5 ICE PAD 6 7 8 9 10 MANAGER OFFICE NO. REVISIONS DATE BY VIEWING FURNACE ! I I AREA EXTENDED W4X1 3 BEAM TO BLEACHERS END OF THE EXISTING ROOF If-, x CORRIDOR W4X13 / LOBBY G PREFlNISHED IMICK METAL SIDING s UP __�__ 8 � I • % PROJECT: C" REFEREE DRESSING W/C DRESSING + DRESSING �L DRESSING N MEETING NEWCASTLE MEMORIAL ROOM 4 +++�R17171�3 ROOM 2 BOOM 1 / METAL VALLEY _ � ��� I STORAGE FLASHING OD ++++ � W4X13 � �� � 1�_, �, ARENA v r ! ��� I fT ROOF REPLACEMENT H � { ► 1 i ����, REMOVE EXISTING ROOFING ❑ ❑ INSTALL NEW SLOPED METAL ROOF OVER DRESSING ROOM AREA METAL SHED SIDING M THE MUNICIPALITY OF CLARINGTON METAL DRAWING: FLOOR PLAN SOUTH ELEVATION PLANS AND ELEVATIONS PREFlNISHED METAL ROOFING RELOCATE LOUVRE PROVIDE NEW STEEL FRAMING REMOVE EXISTING NEW ROOF) AND ALL PEN OPENING �O QpuFEss1oN�t EXISTING METAL SIDING WITH METAL LINER PANEL TO MATCH �,� EXISTING ti z W. MULLEN IMP EXISTING METAL FASCIA 4 a 29;L o METAL VALLEY 9o'- Pa� FLASHING . ~�E ov ot `' BARRY- BRYAN DESIGN BY: DOC CONTROL. ASSOCIATES BSS DATE: I ; ' iii Il 111 , ' I � ( � { III , ; , III ► � � � (1991) LIMITED DRAWN BY: % COMPLETE: I ! ill ! II IIII 1151 ! I ' ! I ll ! , I 11_ I i II I ! I I_I ! II _ ICI I Iii li I111 t!I I ' i Architects BME Engineers CHECKED BY: INITIAL: GUTTER Landscape Architect CME PRE FINISHED METAL Project Managers DATE: SIDING DOWNSPOUT DOWNSPOUT DOWNSPOUT 11 Stanley Court,Unit 1 MAY 2002 Whitby Ontario Li N 8P9 SCALE: Tel: (905)666-5252 3/32"= 1'-0" D1 Fax: (905)666-5256 e-mall: bba @bba-ercheng.com FILE: EAST ELEVATION 02067-A201.dwg PROJECT NO: DRAWING NO: 02067 A201 CHECK AND VERIFY ALL DIMENSIONS AT THE SITE. ALL DRAWINGS,SPECIFICATIONS AND RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLE WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN. DRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNED AND SEALED BY THE CONSULTANT. G IXISIING METAL ROOFING HEAVY DUTY SNOW GUARD GUTTER STRAP 12 NO. ISSUES DATE BY EXIST. STRAP INSUL ROOF SYSTEM TO REMAIN 12 1 FOR REVIEW JULY EXISTING 2X10 RAFTERS 2 FOR TENDER JULY TRUSS DESIGN SNOW LOAD __ AT 16 c/c 17/02 EXISTING — — 6 WALL STW IEM LATER METAL LOCATE EXISTING GIRT A401 AND ADJUST ROOF SLOPE EXIST. STRUCTURE TO SUIT FRAMING BEYOND - - - - - - - - — — SITE VERIFY MID ADJUST ROOF SLOPE TO SUIT 5 ELEVATION OF EXISTING MEUL GIRT ON LINE G /r,�Oi GUTTTjjt l STEEL BEAM PREFlNISHED FlRESTOP ATTIC SPACE WITH 1/2 METAL. SIDING k A101 SITE VERIFY I I WAFERBOARD INSTALLED BOTH SIDES SLOPE I PRE-ENGINEERED WOOD OF TRUSS WITH ALL JOINTS SUPPORTED TRUSS AT 24' c/c I (REFER TO ROOF PLAN FOR LOCATION) l II CONTINOUS 2`X4' CROSS BRACING DOWNSPOUT 2 I FOR STABILITY. - A4O1 yd ,` y 'y of— I I i�w ,� �, EXISTING WALL EXISTING ROOF EXISTING METAL DECK II 1 I I x y EXIST. TOP OF 1 � k� r CONC. BLK. I I I ' ' 2 DETAIL 3 DETAIL - � PROVIDE MIN 22 x36 HIGH ATTIC ACCESS HATCH INTO EACH ATTIC COMPARTMENT. HATCH l TO BE INSUL.LATED (1120 MIN) METAL SANDWICH A401 1"-1'-0" A201 1/411-1'-0" EXISTING PANEL IN STEEL FRAME. C/W LOCKS AND REMOVE EXISTING STEEL JOIST _ WEATHERSTRIP. CUT EXISTING METAL SIDING = ROOFING & INSULATION AND PROVIDE STRUCTURAL STEEL FRAMING TO SUIT AT EACH OPENING EXIST. 4` BLOCK, 8 PREFlNISHED METAL ROOFING EXISTING Z GIRT o, 2' RIGID INSUL de A401 EPDM MEMBRANE FULLY 8' CONC. BLI(. ADHERED TO 1 2' CUT EXISTING METAL SIDING. / UNSCREW FASTNERS TO PLYWOOD SHEATHING INSTALL NEW FLASHING OVER EXISTING GIRT. OUTRIGGER EXISTING METAL ROOFING PREFlNISHED METAL DRIP EXIST. FIN. FLOOR EXIST. FlN. GRADE METAL METAL COUNTER FLASHING SOFFIT EXTEND EPDM MEMBRANE r EXTEND EPDM MEMBRANE 2X6 GABLE R32 FIBROUS UP Wes' 16` MIN. UP EXISTING SLOPE WALL FRAMING INSULATION AT 16" c/c 6 MIL VAPOUR PREFlNISHED METAL BARRIER I VALLEY FLASHING EXIST. CONC. FOOTING PREFlNISHED METAL SIDING 1/2' SHEATHING . + 1 METAL DRIP EXISTING METAL DECK I NO. REVISIONS DATE BY EXISTING WALL I INSTALL 2 - 2X8 CONTINUOUS REMOVE EXISTING I BETWEEN RAFTERS AT VALLEY METAL SIDING l EXISTING RAFTER 1 BUILDING SECTION EXISTING L1"ER A201 1/4"-1'-0" 4 DETAIL 5 DETAIL 66' DETAIL A201 A401 IV-11-01 A401 1"-1'-0" GENERAL 11 FASTENINGS FOR EXTERIOR WORK: NAILS, BOLTS, STEEL STRAPS AND WELDED 11 PROVIDE ALL COMPANION FLASHINGS AND TRIM AS REQUIRED FOR A 3 ALL WELDING SHALL CONFORM TO CSA W59 AND SHALL BE PROJECT: CONNECTIONS TO BE HOT DIP GALVANIZED AND CONFORM TO CSA 086.1 COMPLETE, WEATHERTIGHT INSTALLATION. PERFORMED BY A WELDER QUALIFIED UNDER CSA W47. 1 ALL MATERIALS AND WORKMANSHIP SHALL CONFORM TO THE ONTARIO 12 INSTALL ALL FRAMING MEMBERS WITH CROWN UP. 12 SNOW GUARDS: HEAVY DUTY 20 GAUGE FORMED STEEL PANEL, FINISH TO 4 ALL STEEL SHALL HAVE 1 SHOP COAT OF PRIMER, CISC 1-73a NEWCASTLE MEMORIAL FETY BUILDING CODE AND THE ONTARIO SA AT WORK ACT. MATCH ROOF PANELS. 5 REMOVE PAINT FILM FROM ALL STEEL SURFACES TO BE WELDED. TRUSS 2 SITE VERIFY ALL DIMENSIONS AND LEVELS. B: TR�JSSES 13 CEDERL WASERSLD ADHESIVE IT GRACE do CRANE, 40 MILS THICK: SPOT PRIME AS REQUIRED. ARENA 3 THE BE RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING BUILDING AND ARMOURGARD BY IKO 6 ALL CONNECTIONS SHALL BE WELDED, USING E48OXX ELECTRODES OR ROOF REPLACEMENT 1 TRUSS SIZE AND SPACING ARE FOR REFERENCE ONLY. AIRSHEILD BY WR MEADOWS BOLTED USING ASTM A325 HIGH STRENGTH BOLTS. USE ONLY BOLTED CONTENTS AND REPAIR SAME TO THE SATISFACTION OF THE OWNER, WHEN CONNECTIONS WHERE SHOWN ON THE DRAWINGS. REQUIRED. 2 THESE DRAMANGS DO NOT COVER TRUSS DESIGN AND THE CONTRACTOR 14 RIDGE VENTILATORS: CUSTOM FABRICATED FROM 24 GAUGE PREFlNISHED IS RESPONSIBLE FOR HAVING THE TRUSSES, CONNECTIONS, DETAILS AND SHEET STEEL TO MATCH ROOF PANELS. PROVIDE END CAPS AND INSECT 7 THE CONTRACTOR SHALL PREPARE AND SUBMIT TO THE CONSULTANT TRUST TIE WITH 4 KEEP THE SITE THROUGHOUT THE WORK AREA IN A CLEAN AND ORDERLY ERECTION ®RACING SYSTEM DESIGNED IN ACCORDANCE TO THE ONTARIO SCREENS. FREE AREA MINIMUM 0.380 M3/METRE FOR REVIEW SIX (6) COPIES OF ERECTION DIAGRAMS AND SHOP ANCHORS CONDITION AT ALL TIMES TO THE SAlISFAC11ON OF THE OWNER. DRAWINGS, STEEL MEMBERS, CONNECTIONS, ANCHORS, ELEVA11ONS BUILDING CODE LATEST EDITION. 15 SOFFITS: ALUMINUM, PREFlNISHED, FLAT SHEET V CRIMPED FOR STIFFNESS AND DETAILS. THE MUNICIPALITY OF CLARINGTON 2',6' NAILER 2"x6' NAILER 5 REMOVE EXISTING ROOFING INSULATION AND METAL SIDING AS NECESSARY VENTILATED WITH PREPUNCHED HOLES AND ELONGATED SLITS. W403 W403 AND DISPOSE OF OFF SITE IN MUNICIPAL APPROVED LANDFILL SITE 3 SUBMIT 'TWIO SETS OF SHOP DRAWINGS SEALED BY A 2`x4"016' 7'X 1/2' STEEL PLATE PROFESSIONAL ENGINEER REGISTERED IN THE PROVINCE OF ONTARIO TO THE 16 GUTTER AND DOWNSPOUT: 24 GAUGE PREFlNISHED SHEET STEEL, ZF75 GALVANIZED, TO PROFILE SHOWN ON DRAWINGS WITH DRAWING 7x1/2 PLATE TIMBER NOTES CONSULTANT AND LOCAL BUILDING DEPARTMENT FOR GENERAL REVIEW. LOCK SEAM. PROVIDE ALL ELBOWS ANGLES FITINGS AND ------------------- ---------------- - -- HANGERS. FORM GUTTERS OF CONTINUOUS SHEETING IN MAXIMUM 4 TRUSSES TO BE DESIGNED FOR LOADS SPECIFIED ON PLANS AND POSSIBLE LENGTHS. STRAPS TO TIE GUTTER TO 2'x4' PLATE I A: GENERAL . PROVIDE GU AS PER REQUIREMENTS OF PART (4) OF THE ONTARIO BUILDING CODE. ROOF SHEATHING. SECTIONS, DETAILS, AND 2'x2'x1/4' HSS 2'x2'x1/4• HSS BUILDING INSULATION NOTES 1/2 DIAMETER <5 CONTINUOUS CONTINUOUS 1 STRUCTURAL LUMBER TO BE GRADE MARKED TO CONFORM TO METAL ROOFING ANCHOR AT y CSA STANDARD 0141. t y s k 32' c/ca ' 1 . FIBROUS INSULATION: FIBREGLASS BAITS TO CSA A101-M TYPE 1 OR 1 COMPLY WIITH CAN/CSA S136, DESIGN OF COLD FORMED STEEL MINERAL FIBRE TO CAN/ULC-S702 TYPE 1, FOR WALL AND CEILING x 0 2 UNLESS OTHERWISE NOTED ON PLAN, THE FOLLOWING SHALL BE THE MINIMUM APPLICATION: OWENS CORNING FlBREGLAS BAIT INSULATION I w ' GRADES USED: STRUCTUR& MEMBERS AND CSSBI STANDARDS 10M AND 20M. AP ROXUL GATT INSULATION 1 2 COMPLY W E THE NATIONAL BUILDING CODE OF CANADA QRat�ssi°4• A JOISTS AND LINTELS - SPF2 �a q< B STUDS - SPF STUD GRADE 2 VAPOUR RETARDER: CAN/CGSB 51.34, 6 MIL POLYETHYLENE ��• F 1 , C POSTS - SPF1 3 SUBMIT SHOP DRAWINGS. INDICATE ARRANGEMENT OF MATERIALS, 3 AIR BARRIER: CAN/CGSB 51.32 AND AS1M 1677 SPUN BONDED OLEFlNN y JOINTS, TYPES AND LOCATIONS OF SUPPORTS AND FLASHINGS, NON WOVEN, NON PERFORATED: DUPONT TYVEK�COMMERCIALWRAP. W W. MULLEN �y EXISTING WALL 3 TIMBER TO TIMBER CONNECTIONS IN SAME PLANE SHALL BE MADE WITH MITRES AND ALL METAL COMPONENTS. - t 4 SHEATHING TAPE: SELF ADHESIVE MODIFIED SBS MEMBRANE 8' WIDE. APPROVED JOIST HANGERS OR FRAMING ANCHORS. 4 SHEET METAL: TO ASTM A653M GRADE 230 , PREFlNISHED, GALVANIZED SHEET STEEL, 24 GAUGE THICKNESS. 5 SPRAY FOAM INSULATION: ONE COMPONENT EXPANDING POLYURETHANE OR / p�� 4 PRESERVATIVE TREATMENT: TO CSA 080-M, CCA WOLINANIZED BY KOPPERS INC, AND POLYISOCYANURATE, ULC APPROVED, CLASS 1 FIRE RATING TO ASTM-E84. �,N Ce of a��P SURFACE APPLIED PENTOX GREEN BY OSMOSE PENTOX INC. HANDIFOAM BY FOAMO PRODUCTS OR PINKSE AL BY OWENS CORNING. 5 ROOF PANIELS: VICWEST SUPER-VIC. 5 WALL SHEATHING: 6 BUILDING PAPER: TO CAN 2-51.32M, 315 ASPHALT PAPER. BARRY BRYAN DESIGN BY: DOC CONTROL• 7 DETAIL 68' DETAIL FIR PLYWOOD OR CSA 0151 CANADIAN SOFTWOOD PLYWOOD. 6 FINISH: ACWEST COLOURITE HMP, COLOUR: TO BE SELECTED 7 ATTIC RAFTER VENTS: INSULATION BAFFLES PURPOSE MADE FROM 28 ASSOCIATES BSS/KM DATE: BY CONSULTANT. GAUGE ZF75 GALVANIZED STEEL, FORMED TO SUIT CONDITIONS. �101 1 1/2^-1'-0" 1991 LIMITED DRAWN BY: x coMPLETE: A401 1 1/2"-1'-0" 6 ROOF SHEATHING TO BE 5/8 (16mm) PLYWOOD CSA 0121 DOUGLAS FIR PLYWOOD OR CSA 0151 CANADIAN SOFTWOOD PLYWOOD. 7 ROOF FASTENERS AND SUPPORTS: AS RECOMMENDED BY THE 8 SEALANT: TWO COMPONENT LP POLYSOLPIDE TYPE 1 CLASS B: TREMCO DYMANIC MANUFACTURER TO RESIST WIND UPLIFT AND SLIDING SNOW Architects BME 7 SHEATHING TO HAVE SURFACE GRAINS AT RIGHT ANGLES TO ROOF FORCES. 9 JOINT FILLER: SEALTIGHT ETHAFOAM BACKER ROD Engineers CHECKED BY: INITIAL FRAMING WITH 1/16" (145mm) GAP BETWEEN BUTTING ENDS. Landscape Architect CME 8 FLASHINGS, TRIM AND FASCIAS: CUSTOM FABRICATED FROM THE Project Managers DATE: 8 PROVIDE LATERAL RESTRAINT AT ALL BEARING LOCATIONS AND ONE ROW OF SAME MATERIAL (THICKNESS AND FINISH) AS THE METAL ROOF PANELS. MISCELLANEOUS METALS 11 Stanley Court,Unit 1 MAY 2002 BRIDGING AT ALL MIDSPANS UNLESS NOTED OTHERWISE. Whitby Ontario L1 N 8P9 SCALE: 9 CONNECTORS: SIMPSON STRONG 11E ZF75, GALVANIZED STEEL 9 SEALANTS: AS RECOMMENDED BY THE ROOFING SYSTEM MANUFACTURER. 1 ALL MATERIAL SHALL CONFORM TO CSA G40.21 GRADE 30OW Tel: (905)666-5252 AS NOTED DI Fax: (905)666-5256 10 SUPPLY ALL MATERIAL IN MAXIMUM PRACTICAL LENGTHS. NO FIELD LAPS 2 FABRICATION, ERECTION AND WORKMANSHIP SHALL CONFORM M a-mail: bba @bba-archeng.00m FILE: 10 JOISTS TO HAVE MINIMUM BEARING OF 1 5/8'. WILL BE PERMITTED IN THE ROOF PANELS. CSA S16.1. 02067-A401.dwg BEAMS TO HAVE MINIMUM BEARING OF 3 5/8 . PROJECT NO: DRAWING N0: 02067 A401 Z:\2002\02067 Newcastle Arena Roof\Drawings\Current\02067-A401"dwg, 07/25/2002 01 :40:34 PM, \\SERVER NT\HP DesignJet 1050C by HP