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HomeMy WebLinkAboutBy-law No. 2023-026THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-026 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND HRI GROUP INC. FOR STABILIZATION MEASURES OF THE PORT BURWELL LIGHTHOUSE WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Port Burwell Lighthouse was deemed unsafe in January 2023 due to structural stability concerns; AND WHEREAS the Municipality has been working with a heritage consultant and engineer on temporary stabilization measures for the Port Burwell Lighthouse; AND WHEREAS a+LINK Architecture Inc. and the Municipality soughtto procure the services of a qualified firm to undertake and install temporary stabilization measures for the Port Burwell Lighthouse; AND WHEREAS the Council of the Corporation of the Municipality of Bayham awarded the temporary stabilization measures to HRI Group Inc. on March 23, 2023; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between The Corporation of the Municipality of Bayham and HRI Group Inc. for stabilization measures of the Port Burwell Lighthouse; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF APRIL, 2023. •= CCDC 2 STIPULATED PRICE CONTRACT AGREEMENT BETWEEN OWNER AND CONTRACTOR A-1 The Work A-2 Agreements and Amendments A-3 Contract Documents A4 Contract Price A-5 Payment A-6 Receipt of and Addresses for Notices in Writing A-7 Language of the Contract A-8 Succession DEFINITIONS Change Directive Change Order Construction Equipment Consultant Contract Contract Documents Contract Price Contract Time Contractor Drawings Notice in Writing Owner Other Contractor Payment Legislation Place of the Work Product Project Ready -for -Takeover Shop Drawings Specifications Subcontractor Substantial Performance of the Work Supplemental Instruction Supplier Temporary Work Value Added Taxes Work Working Day GENERAL CONDITIONS PART 1 GENERAL PROVISIONS GCLI Contract Documents GC 1.2 Law ofthe Contract GC 1.3 Rights and Remedia GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority ofthe Consultant GC 2.2 Role ofthe Consultant GC 2.3 Review and Inspection ofthe Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.1 Control ofthe Work GC 3.2 Construction by the Owner or Other Contractors GC 3.3 Temporary Work GC 3.4 Construction Schedule GC 3.5 Supervision GC 3.6 Subcontractors and Suppliers GC 3.7 Labour and Products GC 3.8 Shop Drawings PART 4 ALLOWANCES GC 4.1 Cash Allowances GC 4.2 Contingency Allowance TABLE OF CONTENTS PART 5PAYMENT GC 5.1 Financing Information Required ofthe Owner GC 5.2 Applications for Payment GC 5.3 Payment GC 5.4 Substantial Performance ofthe Work and Payment of Holdback GC 5.5 Final Payment GC 5.6 Deferred Work GC 5.7 Non -conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Owner's Right to Make Changes GC 6.2 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 6.5 Delays GC 6.6 Claims for a Change in Contract Price PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to Continue with the Work or Terminate the Contract GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract PART S DISPUTE RESOLUTION GC 8.1 Authority ofthe Consultant GC 8.2 Adjudication GC 8.3 Negotiation, Mediation and Arbitration GC 8.4 Retention of Rights PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Property GC 9.2 Toxic and Hazardous Substances GC 9.3 Artifacts and Fossils GC 9.4 Construction Safety GC 9.5 Mould PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees GC 10.4 Workers' Compensation PART 11 INSURANCE GC 11.1 Insurance PART 12 OWNER TAKEOVER GC 12.1 Ready -for -Takeover GC 12.2 Early Occupancy by the Owner GC 12.3 Warranty PART 13 INDEMNIFICATION AND WAIVER GC 13.1 Indemnification GC 13.2 Waiver of Claims CCDC 2 is the product of a consensus -building process aimed at balancing the interests of all parties on the construction project. It reflects recommended industry practices. The CCDC and its constituent member organizations do not accept any responsibility or liability for loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. CCDC Copyright 2020 Must not be copied in whole or in part without the written permission ofthe CCDC. r I AGRrf 'ENT BETWEEN OWNER AND CONTRACTOR For use i a stipulated price is the basis of payment. I This Agreement made on 23 day of March in the year 2023 r by and between the parties I Municipality of Bayham hereinafter called the "Owner" and Heritage Restoration Inc. hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A-1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for (insert below the description or title of the Work) Temporary Structural Stabilization of the Port Burwell Lighthouse located at (insert below the Place of the Worlo 17 Robinson Street Port Burwell, Ontario for which the Agreement has been signed by the parties, and for which (insert below the name of the consultant) a+LiNK Architecture Inc. is acting as and is hereinafter called the "Consultant" and L2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the 3 day of April in the year 2023 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Ready -for- Takeover, by the 19 day of May ip the year 2023 . ARTICLE A-2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bid documents that are not expressly listed in Article A-3 of the Agreement — CONTRACT DOCUMENTS. 22 The Contract may be amended only as provided in the Contract Documents. CCDC 2 — 2020 1 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A-3 CONTRACT DOCUMENTS 3.1 following are the Contract Documents referred to in Article A-1 of the Agreement — THE WORK: Agreement between Owner and Contractor Definitions * General Conditions 1. Agreement as per CCDC2-2020 Common Law Version, Pages 1 to 5 2. General Conditions as per CCDC2-2020 Common Law Version, Pages 8 to 30 3. Definitions as per CCDC2-2020 Common Law Version, Pages 6 and 7 4. Section 00 10 10 - Table of Contents, 1 Page 5. Section 00 10 17 - List of Specifications and Drawings, 1 Page 6. Section 00 20 00 - Instructions to Bidders, 7 Pages 7. Section 00 40 00 - Tender Form as Submitted, 4 Pages 8. Section 00 50 00 - Contract, 1 Page 9. Section 00 60 00 - Supplementary Conditions, Pages 1 to 17 10. Section 00 80 00 - Geotechnical Report, 26 Pages 11. Division 1- General Requirements Documents, 11 Pages 12. Letter of Intent from Municipality of Bayham, Email, RFQ 23-01 Award of Construction Contract, dated March 23, 2023 13. Addendums 1 to 2 incl. 14. Contract Drawings and/or Specifications * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; Division 01 of the Specifications — GENERAL REQUIREMENTS; Project information that the Contractor may rely upon; technical Specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; Drawings, giving drawing number, title, date, revision date or mark addenda, giving title, number, date; time schedule) CCDC 2 — 2020 2 Note: This contract is protected by copyright, Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of Y- CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A-4 CONTRACT PRICE 4.1 Contract Price, which excludes Value Added Taxes, is: Ninety Nine Thousand, -------- -----__----------- --� ---- ---- 00 /100 dollars S 99,000.00 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Twelve Thousand, Eight Hundred Seventy ---------------------------- 00 4:3 Total amount payable by the Owner to the Contractor for the Work is: One Hundred Eleven Thousand, Eight Hundred Seventy ---------------- 00 /100 dollars S 12,870.00 /100 dollars S 111, 870.00 4A These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A-5 PAYMENT 5. I Subject to the provisions of the Contract Documents and Payment Legislation, and in accordance with legislation and statutory regulations respecting holdback percentages, the Owner shall: 1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant unless otherwise prescribed by Payment Legislation together with such Value Added Taxes as may be applicable to such payments, .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5 2 Interest 1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by adjudication, arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by (Insert name of chartered lending institution whose prime rate is to be used) The Bank of Canada for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.2.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, 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. ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING 6.1 Notices in Writing will be addressed to the recipient at the address set out below. 6.? The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. 6.3 A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it will be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing will be deemed to have been received on the Working Day next following such day. 6,4 A Notice in Writing sent by any form of electronic communication will be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it will be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof. 6.5 An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. CCDC 2 — 2020 3 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. + Owner Municipality of Bayham t I name of Owner* I 56169 Heritage Line PO. Box 160 Straffordville, ON, NOJ IYO Contractor Consultant address cao@bayham.on.ca email address Heritage Restoration Inc. name of Contractor* 14 Paisley Lane Uxbridge, ON, L6P OG5 address Chris. Huntley@hrigroup.ca email address a+LiNK Architecture Inc. name of Consultant * 126 Wellington Road London, ON., N6C 4W8 address edv@alinkarch.ca email address * If it is intended that a specific individual must receive the notice, that individual's name shall be indicated. ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / FrXch # language shall prevail. # Complete this statement by striking out inapplicable term. T2 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. ARTICLE A-8 SUCCESSION 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. CCDC 2 — 2020 4 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears n CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of L CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGN, iND DELIVERED in the presence of - WITNESS signature name of person signing WITNESS signature name ofperson sigahrg OWNER Municipality of Bayham 4namewner Thomas Thayer, CAOICIerk G reran �-t�r sli,'rt g CONTRACTOR Heritage Restoration Inc. name of Contractor signature µ Chris Huntley, President name and title of person signing N,B- Where legal jurisdiction, local practice or Owner or Contractor requirement callsfor: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. L CCDC 2 — 2020 S 1 Note. This contract is protected by copyright Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an it f -ingement of copyright. Only sign this contract if the document cover page bears a CCDC 2 eopyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of { CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. DEFINITIONS The f ing Definitions shall apply to all Contract Documents. Change Directive A Change Directive is a written instruction pmparcd by the and signed by the Oil- er directing the coax nlclvr to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 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; 0 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. Construction Equipment comtruction Equipment meawn all machinery and equlplricni, either operated Or not opemtud, Ehat is requircd For preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. Consultant The Consultant is the perscm or entity engaged by the Owner and identified n such in the Ag=ment. The C'onsttf any is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. Contract Documents The Contract Documents consist of those documents listed in Article A-3 of the Agreement — CONTRACT DOCUMENTS and amendments agreed upon between the parties. 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 from commencement of the Work to the date of Ready -for- Takeover as stipulated in paragraph 1.3 of Article A -I of the Agreement — THE WORK, Contractor The Contractor is the person or entity identified as such in the Agreement. Drawings 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, and diagrams. Notice in Writing A Notice in M-iting, Where identified in the Conlyuct Documents, is a written communication between the Parties ar between them and the Consultant that is transmitted in accordance with the provisions of Article A-6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. Owner The Owner is the person or entity identified as such in the Agreement. Other Contractor Other Contractor means a contractor, other than the Contractor or a Subcontractor, engaged by the Owner for the Project. Payment Legislation Payment Legislation means such legislation in effect at the Place of the Work which governs payment under construction contracts. Place of the Work The Puce of the Work is the designated site or location of the Work identified in the C'arntraef Docoopients_ Prv+luct prudiort or Pivdprcts means material, m;u:hinery, equipment, and fixtures Forming purl of the Work, but dares not inelude Construction Equipment. 6 CCDC 2 — 2020 Note' This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Project The Project means the total construction contemplated of which the Work may be the whole or a part. r - Ready -for -Takeover Ready -for- Takeover shall have been attained when the conditions set out in paragraph 12.1.1 of GC 12.1 — READY -FOR - TAKEOVER have been met, as verified by the Consultant pursuant to paragraph 12.1.4.2 of GC 12.1 — READY -FOR - TAKEOVER. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Contractor provides to illustrate details of portions of the Work. Specifications 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, quality, and the services necessary for the performance of the Work. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the Place of the Work. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to 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. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products. Temporary Work Tempormy Work means rempurary suppDrN, structurtF4 Brfli#its, scrvices, and -othk-r ternpntary items, excluding cf)n.v1,4rr1irr,1 Equipment, required for the execution of the Work but not incorporated into the Work. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by tax legislation. Work The Work means the total construction and related services required by the Contract Documents. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. M CCDC 2 — 2020 More" 7irrs tnrrt+'uC prrtl��e�rd }' eu�44�j{!,t Use r�u CCUC' 2 (AW+rrtre�M ITT C WFNJiMhrg a CCl3�' 2 CuPiri &f sLui VAS-riOutes MF 200114&wmne grcopyright. Only sign this ro00rrx7 fMe d+kurne nt tvnaerptrger bm-s ,r { U3C7 capyri�ttt ,xrR�f ef+ denratu1e-a1e ttrot it is iorferrded by ?he parlfes ry be w+ watewe u:rd wWMt1Mkxi twrsiaa qj CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. i _ GENERAL CONDITIONS PAWL GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents. 1.1.3 The Contractor shall review the Contract Documents for the purpose of facilitating co-ordination and execution of the Work by the Contractor. 1.1.4 The Contractor is not responsible for errors, omissions or inconsistencies in the Contract Documents. If there are perceived errors, omissions or inconsistencies discovered by or made known to the Contractor, the Contractor shall promptly report to the Consultant and shall not proceed with the work affected until the Contractor has received corrected or additional information from the Consultant. 1.1.5 If there is a conflict within the Contract Documents: 1 the order of priority of documents, from highest to lowest, shall be • the Agreement between Owner and Contractor, + the Definitions, + Supplementary Conditions, ■ the General Conditions, ■ Division 01 of the Specifications, • technical Specifications, ■ material and finishing schedules, • the 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 amended or later dated documents shall govern over earlier documents of the same type. .5 noted materials and annotations shall govern over graphic indications. 1.1.6 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 portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.1.7 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.8 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.9 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.10 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.11 Physical models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the C'oirip aci Ductomeras, the duties and obligations unposed by thc Confraet Lhwuments 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; CCDC 2 — 2020 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this canUact if Me document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplemen1m y conditions. 1.3.2 No action or failure to act by the Owner, the Consultant or the 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 acquiesce n any breach thereunder, except as may be specifically agreed in writing. GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Consultant and the Contractor. GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and tlic Con.vifitarrt ggme, the Consuhant will prak,ide at the Place rtj'the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A-5 of the Agreement — PAYMENT, GC 5.3 -- PAYMENT and GC 5.5 — FINAL PAYMENT. 2.2.5 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Wrap* 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 perform the Work in accordance with the Contract Documents. 2.2.6 Except with respect to GC 5.1 — FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.7 Batters in qvm- ion relating to the perfoFrnarlce of fie Work or the intcrpretatian or the Contract Documews shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party. 2.2.8 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.9 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.10 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.11 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. 2.2.12 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.13 The Consultant will review and take appropriate action upon Shop Drawings, samples and other submittals by the Contractor, in accordance with the Contract Documents. CCDC 2 — 2020 Note.' This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifrcations are set forth in supplementary conditions. 2.2.14 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 — CHANGE ORDER and GC 6.3 — (� LIANGE DIRECTIVE. 2.2.15 i'he Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work and verify that Ready -for- Takeover has been attained. 2.2.16 All certificates issued by the Consultant will be to the best of the Consultant's knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.17 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. 2..2.18 If the Consultant's engagement is terminated, the Owner shall immediately engage a Consultant against whom the Contractor makes no reasonable objection and whose duties and responsibilities under the Contract Documents will be that of the former Consultant. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, by the Consultant's instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. Tfthe work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is required by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by others if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work was incorporated in the Work or the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly Other Contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract 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 finding. PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. CCDC 2 - 2020 10 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of i- CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplemental y conditions. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co- ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY THE OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to Other Contractors and to perform work with own forces. " 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: 1 provide for the co-ordination of the activities and work of Other Contractors and the Owner's own forces with the Work of the Contract; ? enter into separate contracts with Other Contractors under conditions of contract which are compatible with the conditions of the Contract; _3 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 _4 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other Contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and Other Contractors reasonable opportunity to store their products and execute their work; .2 co-ordinate and schedule the Work with the work of Other Contractors or the Owner's own forces that are identified in the Contract Documents; J participate with Other Contractors and the Owner in reviewing their construction schedules when directed to do so; and A report promptly to the Consultant in writing any apparent deficiencies in the work of Other Contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. 3.2.4 Where a change in the Work is required as a result of the co-ordination and integration 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 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 — CHANGE DIRECTIVE. 3.2.5 Disputes and other matters in question between the Contractor and Other Contractors shall be dealt with as provided in Part 8 of the General Conditions — DISPUTE RESOLUTION provided the Other Contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any Other Contractor whose contract with the Owner contains a similar agreement to arbitrate. In the absence of Other Contractors having reciprocal obligations, disputes and other matters in question initiated by the Contractor against Other Contractors will be considered disputes and other matters in question between the Contractor and the Owner, 3.2.6 Should the Owner, the Consultant, Other Contractors, or anyone employed by them directly or indirectly 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 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 — CHANGE DIRECTIVE. GC 3.3 TEMPORARY WORK 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work unless otherwise specified in the Contract Documents. 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 Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. 3.3.3 Notwithstanding the provisions of GC 3.1 — CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction 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. CCDC 2 — 2020 11 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cove- page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unaniended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. k_, GC 3.4 _CONSTRUCTION SCHEDULE 3.4.1 ie Contractor shall: l prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter- relationship to demonstrate the Work will be performed in conformity with the Contract Time; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and 3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions — CHANGES IN THE WORK. GC 3.5 SUPERVISION 3.5.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Work while the Work is being performed. The appointed representative shall not be changed except for valid reason. 3.5.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A-6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.6 SUBCONTRACTORS AND SUPPLIERS 3.6.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: 1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; ,2 incorporate the applicable terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and any persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.6.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.6.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.6.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the difference occasioned by such required change. 3.6.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. 3.6.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.7 LABOUR AND PRODUCTS 3.7.1 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and employ only workers that are skilled in the tasks assigned. 3.7.2 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the perfonnance of the Work in accordance with the Contract. 3.7.3 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. GC 3.8 SHOP DRAWINGS 3.8.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. 3.8.2 The Contractor shall provide Shop Drawings to the Consultant to review in accordance with an agreed schedule, or in the absence of an agreed schedule, in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of Other Contractors or the Owner's own forces. CCDC 2 — 2020 12 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright .real to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 3.8.3 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: 1 the Contractor has determined and verified all applicable field measurements, field construction conditiok _ -oduct requirements, catalogue numbers and similar data, or will do so, and .2 the Contractor has checked and co-ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.8.4 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.8.5 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.8.6 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. 3.8.7 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of the Work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, any unexpended amounts from other cash allowances shall be reallocated, at the Consultant's direction, to cover the shortfall, and, in that case, there shall be no additional amount added to the Contract Price for overhead and profit. Only where the actual cost of the Work under all cash allowances exceeds the total amount of all cash allowances shall the Contractor be compensated for the excess incurred and substantiated, plus an amount for overhead and profit on the excess only, as set out in the Contract Documents. 4.1.5 The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated in paragraph 4.1.4, shall be deducted from the Contract Price by Change Order without any adjustment for the Contractor's overhead and profit on such amount. 4A .6 The value of the Work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the items called for under cash allowances must be ordered to avoid delaying the progress of the Work. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 — CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.3 and the contingency allowance. 1 PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfil the Owner's obligations under the Contract during the performance of the Contract. CCDC 2 — 2020 13 Note: This contract is protected by copyright. Use of a CCQC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 5.2 APPLICATIONS FOR PAYMENT 5.2.1 ' } )plications for payment on account as provided in Article A-5 of the Agreement — PAYMENT shall be submitted monthly to the Owner and the Consultant simultaneously as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties. 5.2.3 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 as of the last day of the payment period. 5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar 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. 5.2.5 The schedule of values shall be made out in such form as specified in the Contract and supported by such evidence as the Consultant may reasonably require. 5.2.6 Applications for payment shall be based on the schedule of values accepted by the Consultant and shall comply with the provisions of Payment Legislation. 5.2.7 Each application for payment shall include evidence of compliance with workers' compensation legislation at the Place of the Work and after the first payment, a declaration by the Contractor as to the distribution made of the amounts previously received using document CCDC 9A `Statutory Declaration'. 5.2.8 Applications for payment 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 PAYMENT 5.3.1 After receipt by the Consultant and the Owner of an application for payment submitted by the Contractor in accordance with GC 5.2 — APPLICATIONS FOR PAYMENT: 1 The Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for 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 certifies a different amount, or rejects the application or part thereof, the Owner shall promptly issue a written notice to the Contractor giving reasons for the revision or rejection, such written notice to be in compliance with Payment Legislation. .2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement — PAYMENT on or before 28 calendar days after the receipt by the Owner and the Consultant of the application for payment, and in any event, in compliance with Payment Legislation. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK AND PAYMENT OF HOLDBACK 5.4.1 The Consultant will review the Work to certify or verify the validity of the application for Substantial Performance of the Work and will promptly, and in any event, no later than 20 calendar days after receipt of the Contractors application: l advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.2 Where the holdback amount required by the applicable lien legislation has not been placed in a separate lien holdback account, the Owner shall, no later than 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.4.3 Subject to the requirements of any Payment Legislation, all holdback amount prescribed by the applicable lien legislation for the Work shall become due and payable to the Contractor no later than 10 Working Days following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. 5.4.4 The Contractor shall submit an application for payment of the lien holdback amount in accordance with GC 5.3 — PAYMENT. 5.4.5 Where legislation permits progressive release of the holdback for a portion of the Work and the Consultant has certified or verified that the part of the Work has been performed prior to Substantial Performance of the Work, the Owner hereby agrees to release, and shall release, such portion to the Contractor in accordance with such legislation. CCDC 2 — 2020 14 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 5.4.6 Notwithstanding any progressive release of the holdback, the Contractor shall ensure that such parts of the Work are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not )rmed regardless of whether or not such was apparent when the holdback was released. GC 5.5 FINAL PAYMENT 5.5.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.5.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and when the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment to the Owner, with a copy to the Contractor. 5.5.3 If the Consultant rejects the application or part thereof, the Owner will promptly issue a written notice to the Contractor giving reasons for the revision or rejection, such written notice to be in compliance with Payment Legislation. 5.5.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 -- WORKERS' COMPENSATION, and any legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A-5 of the Agreement — PAYMENT and in any event, in compliance with Payment Legislation. I GC 5.6 DEFERRED WORK 5.6.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, or if the Owner and the Contractor agree that, there are items of work that must be deferred, 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 detennines is sufficient and reasonable to cover the cost of performing such deferred Work. GC 5.7 NON -CONFORMING WORK 5.7.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: 1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present to the Consultant, in a form that can be reasonably evaluated, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and the Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the applications for progress payment. a GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract E Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. '. L-1 CCDC 2 — 2020 15 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unarnended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 6.3.4 _Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 )r the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 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 the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: 1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. 2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following in as much as it contributes directly to the implementation of the Change Directive: Labour 1 rates that are listed in the schedule or as agreed by the Owner and the Contractor including wages, benefits, compensation, contributions, assessments, or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan for: (1) trade labour in the direct employ of the Contractor; (2) the Contractor's personnel`when stationed at the field office; (3) the Contractor's personnel engaged at shops or on the road, in expediting the production or transportation of materials or equipment; and (4) the Contractor's office personnel engaged in a technical capacity, or other personnel identified in Article A-3 of the Agreement — CONTRACT DOCUMENTS for the time spent in the performance of the Work; Products, Construction Equipment and Temporary Work ,2 cost of all Products including cost of transportation thereof, ,3 in the absence of agreed rates, cost less salvage value of Construction Equipment, Temporary Work and tools, exclusive of hand tools under $1,000 owned by the Contractor; _4 rental cost of Construction Equipment, Temporary Work and tools, exclusive of hand tools under $1,000; .5 cost of all equipment and services required for the Contractor's field office; Subcontract .6 subcontract amounts of Subcontractor with pricing mechanism approved by the Owner; Others .7 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7. 1; .8 deposits lost provided that they are not caused by negligent acts or omissions of the Contractor; .9 cost of quality assurance such as independent inspection and testing services; .10 charges levied by authorities having jurisdiction at the Place of the Work; .11 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 — PATENT FEES; .12 premium for all contract securities and insurance for which the Contractor is required, by the Contract Documents, to provide, maintain and pay in relation to the performance of the Work; .13 losses and expenses sustained by the Contractor for matters which are the subject of insurance under the policies prescribed in GC 11.1 — INSURANCE when such losses and expenses are not recoverable because the amounts are in excess of collectible amounts or within the deductible amounts; .14 taxes and duties, other than Value Added Taxes, income, capital, or property taxes, relating to the Work for which the Contractor is liable; A 5 charges for voice and data communications, courier services, expressage, transmittal and reproduction of documents, and petty cash items; .16 cost for removal and disposal of waste products and debris; .17 legal costs, incurred by the Contractor, in relation to the performance of the Work provided that they are not: (1) relating to a dispute between the Owner and the Contractor unless such costs are part of a settlement or awarded by arbitration or court, (2) the result of the negligent acts or omissions of the Contractor, or (3) the result of a breach of this Contract by the Contractor; .18 cost of auditing when requested by the Owner; and .19 cost of Project specific information technology in accordance with the method determined by the parties. CCDC 2 — 2020 16 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of L CCDC 2 — 2020 except to the extent that any alterations, additions or moth ications are set forth in supplementary conditions. 6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs c ilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the r of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's performance of the Work attributable to the Change Directive shall be borne by the Contractor. r 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the Work attributable to the Change Directive and shall provide the Consultant with copies thereof. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Consultant for a finding. 6.3.13 When 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. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: 1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work and differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are 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 give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Owner, through the Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 — CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will promptly inform the Owner and the Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 — ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by the Owner, the Consultant, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, resulting in the failure of the Contractor to attain Ready -for- Takeover by the date stipulated in Article A-1 of the Agreement — THE WORK, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.3 If the Contractor is delayed in the performance of the Work by: L 1 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, a 3 abnormally adverse weather conditions, or 1. CCDC 2 — 2020 17 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additibus or modifications are set forth in supplementary conditions. ,4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, 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, the Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.12 of GC 2.2 — ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: 1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based and the Consultant will make a finding upon such claim. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions — DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's iflsnlvenuy, or if a receiver is appointed because of the C ,ontraclor's insolvency, tht Owner may, withoul prej udice ua :iny other right or remedy the Owner may have, terminate the Contractor's right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Contractor neglects to perform 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 which provides the detail of such neglect to perform the Work properly or such failure to comply with the requirements of the Contract to a substantial degree, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in Writing, containing particulars of the default including references to applicable provisions of the Contract, 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 in Writing. 7.1.3 1Jlhe default cannot be correewd in [N, 5 Working Da},s specified or in such other time period as En ay be subsequently agreed in writing by The parties, the Contractor sha[] be in comp[iance with lhC (MwePs instructions if the Compactor'. .I commences the correction of the default within the specified time, .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule. CCDC 2 — 2020 18 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may by giving' 'ce in Writing: 1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor for the Work provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: l take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, .2 withhold further payment to the Contractor until a final certificate for payment is issued, .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 — WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and A 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. 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue in force after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner is adjudged bankrupt, or snakes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working 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, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if: 1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, .2 the Consultant fails to issue a certificate as provided in Part 5 of the General Conditions — PAYMENT, 3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by adjudication, arbitration or court, or .4 the Owner fails to comply with the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 — FINANCING INFORMATION REQUIRED OF THE OWNER, gives a written statement to the Owner and the Contractor that provides detail of such failure to comply with the requirements of the Contract to a substantial degree. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract by giving a Notice in Writing to the Owner 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 Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved CCDC 2 — 2020 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 Copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. in the first instance by findings of the Consultant as provided in GC 2.2 — ROLE OF THE CONSULTANT, shall be settled in ,cordance with the requirements of Part 8 of the General Conditions — DISPUTE RESOLUTION. 8.1.2 if a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.3.3 to 8.3.8 of GC 8.3 — NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.4 — 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 will 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 Omer shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 ADJUDICATION 8.2.1 Nothing in this Contract shall be deemed to affect the rights of the parties to resolve any dispute by adjudication as may be prescribed by applicable legislation. GC 8.3 NEGOTIATION, MEDIATION AND ARBITRATION 8.3.1 In accordance with the rules for mediation as provided in CCDC 40 `Rules for Mediation and Arbitration of Construction Industry Disputes' in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.3.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 — ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.3.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid, and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.3.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.3.2, 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 rules for mediation as provided in CCDC 40 in effect at the time of bid closing. 8.3.5 If the dispute has not been resolved at the mediation or within such further period as is agreed by the parties, the Project Mediator will terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.3.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.3.5, either party may refer the dispute to be finally resolved by arbitration under the rules of arbitration as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.3.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.3.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.3.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. 8.3.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.3.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.3.6 shall be: 1 held in abeyance until: (1) Ready -for- Takeover, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and CCDC 2 — 2020 20 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an it f-ingement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.3.6. GC 8.4 RETENTION OF RIGHTS 8.4.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions — DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 — AUTHORITY OF THE CONSULTANT. r 8.4.2 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 8.3.6 of GC 8.3 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work, 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 or omissions in the Contract Documents; or .2 acts or omissions by the Owner, the Consultant, Other Contractors, or their agents and employees. 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 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 making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or the 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 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 — CHANGE DIRECTIVE. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substance exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless any toxic or hazardous substance which was present at the Place of the Work prior to the Contractor commencing the Work. 9.2.5 If the Contractor .1 encounters toxic or hazardous substances at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substance exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and .4 immediately report the circumstances to the Consultant and the Owner in writing. CCDC 2 — 2020 21 Note., This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. , ' 9.2.6 If the Owner and the Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were +'x rought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain ' .nd pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and _4 indemnify the Contractor as required by GC 13.1 — INDEMNIFICATION. 9.2.8 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: 1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and A indemnify the Owner as required by GC 13.1 — INDEMNIFICATION. 9.2.9 If either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions -- DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Owner, through the Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 — CHANGE ORDER or GC 6.3 — CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 The Contractor shall be responsible for establishing, initiating, maintaining, and supervising all health and safety precautions and programs in connection with the performance of the Work in accordance with the applicable health and safety legislation. 9.4.2 The Owner and the Contractor shall comply with all health and safety precautions and programs established at the Place of the Work. 9.4.3 The Owner and the Contractor shall comply with the rules, regulations and practices required by the applicable health and safety legislation. 9.4.4 The Owner shall cause the Consultant, Other Contractors and the Owner's own forces to comply with all health and safety precautions and programs established by the Contractor at the Place of the Work. 9.4.5 Nothing in this Contract shall affect the determination of liability under the applicable health and safety legislation. GC 9.5 MOULD 9.5.1 If the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and CCDC 2 — 2020 22 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .3 if the Owner and the Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and deter such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.5.2 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY, .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 13.1 — INDEMNIFICATION. 9.5.3 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 — PROTECTION OF WORK AND PROPERTY, .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Contractor as required by GC 13.1 — INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions — DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 — MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement — CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 10.2.5 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 time 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 advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will issue the changes required to the Contract Documents as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 — CHANGE DIRECTIVE. CCDC z — 2020 23 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. E 10.2.6 If the Contractor fails to advise the Consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and performs ' pork knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for .ad shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the physical model, plan or design of which was supplied to the Contractor as part of the Contract. GC 10.4 WORKFRS' COMPI NSATION 10.4.1 Prior to commencing the Work, and again with the Contractor's applications for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work. PART 11 INSURANCE GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 13.1 — INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the requirements of which are specified in CCDC 41 `CCDC Insurance Requirements' in effect at the time of bid closing except as hereinafter provided: 1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Ready -for- Takeover. Liability coverage shall be provided for completed operations hazards from the date of Ready -for- Takeover on an ongoing basis for a period of 6 years following Ready -for- Takeover. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Ready -for - Takeover. 3 Unmanned aerial vehicle aircraft, manned aircraft or watercraft Liability Insurance when owned or non -owned manned or unmanned aircraft or watercraft are used directly or indirectly in the performance of the Work. A "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of: (1) 10 calendar days after the date of Ready -for- Takeover; (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking purposes, or for the installation, testing and commissioning of equipment forming part of the Work; and (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Ready for - Takeover. ,b The "Broad form" property and boiler and machinery 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. In the event of loss or damage: (1) 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 CCDC 2 — 2020 24 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamerded version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 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; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Con. .1, the amount 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 in accordance with the progress payment provisions. 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; and (3) to the Work arising from the work of the Owner, the Owner's own forces or Other Contractors, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by the Owner or Other Contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. .7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Ready -for - Takeover. .8 Contractors' Pollution Liability Insurance from the date of commencement of the Work until one year after the date of Ready -for- Takeover. 11.1.2 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 applicable to the Work. 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 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 cost from the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 is published, which specifies increased insurance requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41. WEIt%6PAKO AY12101IMWRNX413A3ti GC 12.1 READY -FOR -TAKEOVER 12.1.1 The prerequisites to attaining Ready -for- Takeover of the Work are limited to the following: .1 The Consultant has certified or verified the Substantial Performance of the Work. .2 Evidence of compliance with the requirements for occupancy or occupancy pen -nit as prescribed by the authorities having jurisdiction. .3 Final cleaning and waste removal at the time of applying for Ready -for- Takeover, as required by the Contract Documents. .4 The delivery to the Owner of such operations and maintenance documents reasonably necessary for immediate operation and maintenance, as required by the Contract Documents. .5 Make available a copy of the as -built drawings completed to date on site. .6 Startup, testing required for immediate occupancy, as required by the Contract Documents. ,7 Ability to secure access to the Work has been provided to the Owner, if required by the Contract Documents. ,8 Demonstration and training, as required by the Contract Documents, is scheduled by the Contractor acting reasonably. 12.1.2 If any prerequisites set forth in paragraphs 12.1.1.3 to 12.1.1.6 must be deferred because of conditions reasonably beyond the control of the Contractor, or by agreement between the Owner and the Contractor to do so, Ready -for- Takeover shall not be delayed. 12.1.3 When the Contractor considers that the Work is Ready -for- Takeover, the Contractor shall deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for Ready -for- Takeover for review. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. �. 1 2.1.4 The Consultant will review the Work to verify the validity of the application and will promptly, and in any event, no later than 10 calendar days after receipt of the Contractor's list and application: CCDC 2 -- 2020 25 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of J CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. L. .1 advise the Contractor in writing that the Work is not Ready -for- Takeover and give reasons why, or 1 confirm the date of Ready -for- Takeover in writing to each of the Owner and the Contractor. s 12.1.5 immediately following the confirmation of the date ofReady for -Takeover, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. 12.1.6 The provision of GC 12.1 — READY -FOR -TAKEOVER shall be subject to GC 12.2 — EARLY OCCUPANCY BY THE OWNER. GC 12.2 EARLY OCCUPANCY BY THE OWNER 12.2.1 The Owner may take occupancy of a part or the entirety of the Work before Ready -for- Takeover has been attained only as agreed by the Contractor which agreement shall not be unreasonably withheld. 12.2.2 The Owner shall not occupy a part or the entirety of the Work without prior approval by authorities having jurisdiction. 12.2.3 If the Owner takes occupancy of a part of the Work before Ready -for- Takeover has been attained: .1 The part of the Work which is occupied shall be deemed to have been taken over by the Owner as from the date on which it is occupied. .2 The Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Owner. .3 The warranty period specified in paragraph 12.3.1 of GC 12.3 — WARRANTY for that part of the Work shall start from the date on which it is occupied. 12.2.4 If the Owner takes occupancy of the entirety of the Work before all the prerequisites are met as described in paragraph 12.1.1 of GC 12.1 — READY -FOR -TAKEOVER, the Work shall, subject to the requirements of the applicable lien legislation, be deemed to achieve Ready -for- Takeover. This shall not relieve the Contractor's responsibility to complete the Work in a timely manner. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date when Ready -for- Takeover has been attained. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 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 one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. PART 13 INDEMNIFICATION AND WAIVER GC 13.1 INDEMNIFICATION 13.1.1 Without restricting the parties' obligation to indemnify respecting toxic and hazardous substances, patent fees and defect in title claims all as described in paragraphs 13.1.4 and 13.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: 1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose negligent acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the Ready -for -Takeover date 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 parties expressly waive the right to indemnity for claims other than those provided for in this Contract. CCDC 2 — 2020 26 Note., This contract is protected by copyright. Use of a CCDC 2 documentnot containing a CCDC 2 copyright seal constitutes an infringement of copyright. Onlysign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 13.1.2 The obligation of either party to indemnify as set forth in paragraph 13.1.1 shall be limited as follows: l In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either pare 3uant to GC 11.1 — INSURANCE, the minimum liability insurance limit for one occurrence, of the applicable insurance , .;y, as referred to in CCDC 41 in effect at the time of bid closing. ,2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A-4 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. 3 In respect to indemnification by a party against the other with respect to losses suffered by them, such obligation shall be restricted to direct loss and damage, and neither party shall have any liability to the other for indirect, consequential, punitive or exemplary damages. A In respect to indemnification respecting claims by third parties, the obligation to indemnify is without limit. 13.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 13.1.1 and 13.1.2 shall be inclusive of interest and all legal costs. i 13.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 13.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 —PATENT FEES, and .2 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. 13.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: 1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based become known; and .2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. GC 13.2 WAIVER OF CLAIMS 13.2.1 Subject to any lien legislation applicable to the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner under the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the Ready -for- Takeover date, except as follows: 1 claims arising prior to or on the Ready -for- Takeover date for which Notice in Writing of claim has been received by the Owner from the Contractor no later than 5 calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work or 20 calendar days following the Ready -for -Takeover date, whichever is later; ,2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims respecting toxic and hazardous substances, patent fees and defect in title matters for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 13.1.4 or 13.1.5 of GC 13.1 — INDEMNIFICATION; and A claims resulting from acts or omissions which occur after the Ready -for- Takeover date. 13.2.2 The Contractor waives and releases the Owner from all claims resulting from acts or omissions which occurred after the Ready - for -Takeover date except for: .1 indemnification respecting third party claims, and claims respecting toxic and hazardous substances, patent fees and defect in title matters, all as referred in paragraphs 13.2.1.2 and 13.2.1.3; and ,2 claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days following the Ready -for- Takeover date. 13.2.3 Subject to any lien legislation applicable to the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor under the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the Ready -for- Takeover date, except as follows- 1 claims arising prior to or on the Ready -for -Takeover date for which Notice in Writing of claim has been received by the t Contractor from the Owner no later than 20 calendar days following the Ready -for- date; CCDC 2 — 2020 27 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted by the Owner against the Contractor pursuant to the provisions of this Contract; .i claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 13.1.4 of GC 13.1 — INDEMNIFICATION; A damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean 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; .5 claims arising pursuant to GC 12.3 — WARRANTY; and ,6 claims arising from acts or omissions which occur after the Ready -for- Takeover date. 13.2.4 Respecting claims arising upon substantial defects and deficiencies in the Work, as referenced in paragraph 13.2.3.4, and notwithstanding paragraph 13.2.3.5, the Owner waives and releases the Contractor from all claims except claims for which Notice in Writing of claim has been received by the Contractor from the Owner within a period of six years from the Ready for -Takeover date, provided that any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, the time within which any such claim may be brought shall be such shorter period as may be prescribed by any limitation statute of the Province or Territory of the Place of the Work. 13.2.5 The Owner waives and releases the Contractor from all claims arising from acts or omissions which occur after the Ready -for - Takeover date, except for: .1 indemnification for claims advanced against the Owner by third parties, as referenced in paragraph 13.2.3.2; .2 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the Contractor, as referenced in paragraph 13.2.3.3; .3 claims arising under GC 12.3 — WARRANTY; and ,4 claims for which Notice is Writing has been received by the Contractor from the Owner within 395 calendar days following the Ready -for- Takeover date. 13.2.6 "Notice in Writing of claim" as provided for in GC 13.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 13.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: ,1 a clear and unequivocal statement of an intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 13.2.7 A claim for lien asserted under the lien legislation prevailing at the Place of the Work shall qualify as notice of claim for the purposes of this Contract. 13.2.8 The party giving the Notice in Writing of claim as provided for in GC 13.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. 13.2.9 Where the event or series of events giving rise to a claim made under paragraphs 13.2.1 or 13.2.3 has a continuing effect, the detailed account submitted under paragraph 13.2.8 shall be considered to be an interim account and the parry making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which such claim is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 13.2.10 Nothing in GC 13.2 — WAIVER OF CLAIMS shall be deemed to affect the rights of the parties under any lien legislation or limitations legislation prevailing at the Place of the Work. CCDC 2 — 2020 28 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 Copyright Seal constitutes an it fi•ingement of copyright. Only sign this compact if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Port Burwell Lighthouse — Temporary Stabilization Mur ality of Bayham 17 ison Street, Port Burwell, ON. RAYHAtI.r 'rturlit r MUNICIPALITY OF BAYHAM 56169 HERITAGE LINE PO BOX 160 STRAFFORDVILLE, ON NOJ 1Y0 Temporary Stabilization of the Port Burwell Lighthouse 17 Robinson Street, Port Burwell, ON REQUEST FOR QUOTATION RFQ 23-01 Cover Page 00 00 00 RFQ 23-01 / Project: 2238 Page 1 of 1 Closing Date and Time: Wednesday March 15 @ 2:00pm Query Deadline Date and Time: Friday March 10 @ 2:00pm a+LINK Architecture Inc. www.aiinkarch.ca Port Burwell Lighthouse — Temporary Stabilization lunicipality of Bayham .7 Robinson Street, Port Burwell, ON. TABLE OF CONTENTS Table of Contents 00 10 10 RFQ 23-01 / Project: 2238 Page 1 of 1 Division 0 — Procurement and Contracting Requirements Pages Section 00 00 00 Cover Page... . ......... . .„ , ,........................ 1 00 10 10 Table of Contents_ .._,............................................................... .... 1 00 10 60 List of Consultants .......... ...... 1 00 10 70 List of Specifications and Drawings...................................................... 1 00 20 00 Instructions to Bidders .............. .......................... ....... ............ ........ 7 00 40 00 Tender Form ............ ....,,..............,.................................................. 4 00 50 00 Contract CCDC2.---.-..._.............................................:.................... 1 00 60 00 Supplementary General Conditions ............ :........... ;. ',,_„_..,,,,_..,..,_,. .17 00 70 00 Addenda.... , __ .... .. . ....... ........ ............... ,,.................... 1 00 80 00 Geotechnical Report .................. .................... .............. 26 Division 1 — General Requirements Pages Section 01 21 00 Allowances ....................................... ....... ____ .......... ____ ...__...., 1 01 2600 Contract Modification Procedures ...... . .. . . . ... ........................... 3 01 4000 Quality Requirements__ . , ,.,.................................................... '2 01 51 00 Temporary Utilities ............ ............................................. ......,...... '_ 1 01 5200 Construction Facilities ........................................ _...........,...._...._._.., 1 01 5600 Temporary Barriers and Enclosures...,... ........... 1 01 7329 Cutting and Patching ...... ........ .......................................... ............ ., 2 Division 2 — 32 Refer to Specifications on Drawings a+LiNK Architecture Inc, www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization lunicipality of Bayham 7 Robinson Street. Port Burwell. ON. Architect / Prime Consultant Hereafter referred to as the 'Architect' Name: a+LiNK Architecture Inc. Address: 126 Wellington Road London, ON N6C 4M8 List of Consultants 00 10 60 RFQ23-01 / Project: 2238 Page 1 of 1 Contact: Ed van der Maarel, OAA, CAHP Phone: 519.649.0220 Email: edv@aLinkarch.ca Fax: n/a Structural Engineer Hereafter referred to as the 'Structural Consultant' Name: John G. Cooke & Associates Ltd. Address: 57-B John Street, Suite 2, Hamilton, ON L8N 2139 Contact: Jonathan Dee, P.Eng Phone: 289.288.3638 Email: jdee@jgcooke.com Fax: END OF SECTION a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization Aunicipality of Bayham 7 Robinson Street, Port Burwell, ON. 1.1 SPECIFICATIONS SECTION TITLE Refer to Table of Contents Section 00 10 10 1.2 DRAWINGS ARCHITECTURAL AO COVER PAGE Al FLOOR PLANS (REFERENCE) A2 BUILDING ELEVATIONS (REFERENCE) A3 BUILDING SECTIONS (REFERENCE) STRUCTURAL S1 SITE PLAN & GENERAL NOTES S2 SECTIONS & DETAILS END OF SECTION List of Specifications and Drawings 00 10 70 RFQ 23-01 / Project: 2238 Page 1 of 1 a+LINK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 F 'cipality of Bayham RFQ 23-01 / Project: 2238 obinson Street, Port Burwell, ON. Page 1 of 7 19-11A5QL7=1ki14 7_11 1 1 Conform to Contract Requirements and Division 1 - General Requirements as part of this Section. 2 INVITATION l Tenders signed under seal, executed and dated, will be received by: Municipality of Bayham 56169 Heritage Line, Straffordville, Ontario, NOJ 1Y0 before 2:00:00 PM LOCAL TIME, on Wednesday, March, 15, 2023 .2 Tenders submitted after the above time will not be considered and will be returned to the bidder unopened. .3 Following tender opening, bidders will be advised of their ranking upon request. .4 Tender acceptance for award of contract will follow from a detailed review of the status and suitability of bids for the project, which will be carried out by the Owner and Consultant. Amendments to the submitted tender will be permitted if received in writing prior to bid closing and if endorsed by the same party or parties who signed and sealed the tender. '1.3 INTENT The intent of this tender call is to obtain an offer to perform work to Provide temporary structural stabilization for the Port Burwell Lighthouse, for a Stipulated Price Contract, in accordance with the Contract Documents. ' State, where noted in the Tender Form, the number of days/weeks required to complete the Work from date of Letter of Acceptance of Bid and be prepared to perform within the stated time frame. 14 AWARD OF CONTRACT AND COMMENCEMENT OF WORK The awarding of the contract will be not later than fifteen (15) calendar days after the tender closing date. It is expected that the successful bidder will commence the Work immediately upon award of contract. 2 All bidders will be required to keep their tenders open for acceptance for a period of sixty (60) calendar days from the tender closing date. Bidders are advised to inform their sub -contractors of the latter requirement. 3 The successful Bidder/Tenderer will be required to enter in to an agreement in the form of the Canadian Standard Construction Document, CCDC 2, 2020, Stipulated Price Contract, as the same may be amended in accordance with the Instructions to Bidders, Supplementary General Conditions and the other Contract Documents as defined by the Supplementary General Conditions. 1.� CONTRACT/TENDER DOCUMENTS Definitions: Contract Documents: Defined in CCDC 2, 2020 Edition, Definitions. .2 Tender/Bid Documents: Contract Documents, supplemented with Tender Form, Instructions to Bidders, Supplementary General Conditions, Tender Securities, Addenda and Bid Supplementary Forms, if any, identified herein. Tender, Bid, Offer or Bidding: Act of submitting a tender/offer under seal. a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 Municipality of Bayham RFQ 23-01 / Project: 223F 17 Robinson Street, Port Burwell, ON. Page 2 of .4 Tender Price/Bid Price: Monetary sum identified by the Tender/Bid Form. .2 Availability: I Bid Documents may only be obtained from a+LINK Architecture Inc, located at 126 Wellington Road, London, Ontario N6C 4M8, phone 519.649.0220. r Bid Documents are made available only for the purpose of obtaining offers for this project. Their use does not confer a license or grant for other purposes. 3 Examination: Upon receipt of Bid Documents verify that documents are complete; notify the Architect should the documents be incomplete. Should a Bidder find discrepancies in, or omissions from the Drawings, Specifications or other Documents, or should there be doubt as to their meaning, the Bidder shall notify the Consultant as noted in Queries/Addenda below. 4 Corporate Contact: Additional information regarding this Request for Tender can be obtained by contacting the following person named below in writing via email: Tim Finch, Project Coordinator a+LINK Architecture Inc. email: timf(@a+LiNKarch.ca 2 Direct contact with the Owner or Owner Representatives other than the staff member named as the contact on this Request for Tender, from the date of posting this RFQ up to and including the date of awarding the contract is not permitted and will be considered grounds for disqualification in the quoting and selection process. Prospective Bidders who wish to submit queries with respect to this RFQ shall do so by submitting such queries in writing to both of the persons named as Corporate Contacts. Contact in any other manner will be considered grounds for disqualification in the tender process. 5 QUERIES/ADDENDA Addenda may be issued during the bidding period. All addenda become part of the Contract Documents. Include costs in the Tender Price. 2 Only written addenda shall be binding. Questions or clarifications requested by bidders must be put forth in writing not less than five (5) working days before date set for receipt of bids. The Consultant/Owner will review all questions and, if necessary, will issue written instructions or clarifications in the form of an Addendum, a copy of which will be forwarded to known bidders no later than three (3) working days before receipt of bids, which will become part of the Contract Documents. 6 PRODUCT/SYSTEM OPTIONS a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 P 'cipality of Bayham RFQ 23-01 / Project: 2238 jbinson Street, Port Burwell, ON. Page 3 of 7 I Where the Bid Documents stipulate a particular product, the Tender Price will be based upon the specified product. Alternative products will be considered, if submitted as per the conditions of Queries/Addenda noted above. 2 The submission will provide sufficient information to enable the Consultant and the Owner to determine the acceptability of such products. Provide complete information on modifications and revisions to other work required to accommodate each alternative. Approval to of alternatives prior to the Tender Close is required for any to be carried in the bid submission. Unless alternatives are submitted and accepted prior to the Tender Close, products are to be provided as specified. 1.6 SITE AND DOCUMENTS ASSESSMENT / PRE -TENDER SITE MEETING Site and Documents Examination: .1 Examine the Drawings, Specifications and visit the project site and surrounding area before submitting a bid. Provide in the bid for dealing with all existing site and building conditions, limitations and municipal requirements under which the work is to be performed. The fact of tendering certifies that Tenderer has carefully examined all Contract Drawings and Specifications, is familiar with all work required and has examined and is satisfied as to the nature of: 1 The Site. 2 The work, materials to be removed, materials to be supplied, means of access, condition, nature and position of existing buildings, sidewalks, obstructions, sewers, gas, water, steam, telephone and electrical services, and every other condition which may affect tendering or execution of the Work, both within site and adjoining areas, lanes and streets or any other matter which may enter into the carrying out of the contract to a satisfactory conclusion. 3 Provisions of the Contract. f; No extra payment will be allowed for additional work arising from conditions which could have been determined, had a proper examination been made or where the contractor claims to be uninformed as to any provisions or conditions intended to be covered by the contract. .2 Pre -Tender Information Meeting: An on-line information meeting will be conducted on Tuesday, March 7, 2023 at 2:00 pm . A weblink meeting invitation will be sent to all bidders at a later date. Attendance at the meeting is recommended. 7 BID SUBMISSION Bid Ineligibility: a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 Municipality of Bayham RFQ 23-01 / Project: 223r 17 Robinson Street, Port Burwell, ON. Page 4 of I Bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind may, at the discretion of the Owner, be declared informal. .2 Bids with Tender Forms and enclosures which are improperly prepared may, at the discretion of the Owner, be declared informal. .3 Bids that fail to include security deposit, bonding or insurance will be declared informal by the Owner. .4 Bids will be accepted only from bidders qualified for this class and volume of work. ,2 Submissions: l Bidders shall be solely responsible for the delivery of their bids in the prescribed manner and prior to the bid closing time. .2 Submit one (1) original of the executed bid on the Tender Form provided, signed and corporate sealed in the Tender Envelope, clearly identified with the Bidder's Name, Project Name and Owner's Name on the outside. .3 An abstract of submitted bids will be made available to bidders following the bid opening, upon request. .3 Worker's Compensation and Safety: l Furnish a copy of Worker's Compensation Certificate of good standing. .2 The Contractor shall conform to the regulations contained in the "Occupational Health and Safety Act", Revised Statutes of Ontario 1990, and relevant regulations as amended and assume full responsibility for contravention of same. The Contractor shall provide to the Owner such Certificate before commencing work. .3 The Contractor clearly understands and agrees that they are not, nor is anyone hired by the Contractor, covered by the Owner under the Workplace Safety and Insurance Board, the Unemployment Act, or any Act, whether Provincial or Federal, in respect of the bidder, their employees and operations, and shall upon request furnish the Owner with such satisfactory evidence that he has complied with the provisions of any such acts. .4 Insurance: l The Contractor shall provide, maintain and pay for the insurance coverages as stated in GC 11.1 — Insurance, the minimum requirements of which are as specified in CCDC 41 - CCDC Insurance Requirements in effect at the time of bid closing, but shall be with limits of not less than $5,000,000. ,2 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 applicable to the Work. .3 Insurance shall be in the name of the Contractor and shall include the Owner, " Municipality of Bayham ", and Consultants, "A+LINK Architecture Inc" and " John G. Cooke & Associates Ltd._" as additional insureds where indicated in GC 11.1 — Insurance. .5 I mposts/Taxes: a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 P `cipality of Bayham RFQ 23-01 / Project: 2238 ,)binson Street, Port Burwell, ON. Page 5 of 7 .1 The Owner shall pay all impost charges levied against the development of the project by the municipality. ,2 The Contractor shall pay all impost and or development charges that may be levied by local utilities and shall include these charges in the Tender Price. .3 The Contractor shall arrange for and provide any bonds, letters of credit, or cash deposits in lieu thereof, which may be required by the municipality relative to this project. .4 Include in the Tender Price 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 — Contract Price, of the Agreement. NOTE: Value Added Taxes, which include the Quebec Sales Tax (QST), the Harmonized Sales Tax (HST), and any similar tax, shall not be included in the total Tender Price. .6 Fair Wages and Hours: l All persons in the employment of the Contractor or any Subcontractor, or other person doing contracting to do the whole or any part of the work contemplated by the Contract, should be paid in accordance with the "Fair Wage Schedule" as established by The Employment Standards Branch of the Ministry of Labour and any regulations under such Act that relates to wages, hours of work, or other labour conditions, unless otherwise noted. 7 Fees for Changes in the Work: Fees for changes in the Contractor's work and Subcontractors work upon which the Tender Price is based, will be applied as stipulated in the Tender Form, inclusive of overhead and profit, or as indicated in Section 00600 - Supplementary General Conditions. .2 For overhead and profit fees to be applied for changes in subcontract work, the contractor shall apply his fees as noted, to the sub -contractor's gross costs on additional work. .8 Tender Signing: The Tender Form shall be signed under seal by the Bidder. ,2 Sole Proprietorship: Signature of a sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature. ,3 Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the work "Partner" under each signature. .4 Limited Company: Signature of a duly authorized signing officer(s) in normal signature(s). Insert the official capacity in which the signing officer acts under each signature. Affix the corporate seal. If the tender is signed by other than the President, Secretary or Treasurer of the company, a copy of the authorizing by-law resolution of the Board of Directors must be submitted in the bid envelope. .5 Joint Venture: Each party of the joint venture shall execute the bid under their respective seals in a manner appropriate to such party as described above, similar to the requirements for a Partnership. 9 Tender Acceptance/Rejection: .1 Duration of Tender: a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. Instructions to Bidders — 00 20 00 RFQ 23-01 / Project: 223r Page 6 of , 1 Bids shall remain open to acceptance and shall be irrevocable for a period of sixty (60) days after the tender closing date. Acceptance of Tender: .1 The Owner reserves the right to accept or reject any or all tenders, and the right to cancel any portion of the work described in the Contract Documents without any claim whatsoever because of such cancellation. The lowest or any Tender will not necessarily be accepted. i' After acceptance by the Owner, the Consultant will issue to the successful Bidder a copy of the Contract for signing. 3 After a bid has been accepted, all submitted Bid Bonds and other requested enclosures will be returned to the respective unsuccessful bidders. Value Added Taxes / Allowances: For purposes of calculating costs of extra work performed, any Value Added Taxes paid by the Contractor to Suppliers, Subcontractors or Subcontractor to Supplier shall be deducted prior to any mark-up, profit or overhead by the Contractor. A complete cost breakdown structure will be required of the Contractor for each additional EXTRA, confirming individual cost for material, labour, taxes and overhead and profit. f Value Added Taxes will be applied to the unexpended Allowances, which are not to be included in the Total Tender Price. '. The Contractor WILL NOT be permitted to add any mark-up for overhead or profit to the Value Added Tax amount or to claim for any time involved in processing or collecting the Value Added Taxes nor for their remittance to Revenue Canada. List of Subcontractors and Suppliers: Where required in the Tender Form, complete the list of proposed Subcontractors and Suppliers at the time of Tender Submission. f.' If the list is not credible, the Tender may be regarded as "casual" and may be rejected, upon the recommendation of the Consultant, with the concurrence of the Owner's Representative. Subcontractors: 1 The Owner reserves the right to reject a proposed subcontractor for reasonable cause. .2 Refer to CCDC 2, GC 3.7 — Subcontractors and Suppliers, of Part 3 - Execution of the Work. Accessibility for Ontarians with Disabilities Act Contractors will provide the Owner with documentation indicating that training in accordance with the requirements of regulation 429/07 has been provided to all of their staff who will be providing goods and services on behalf of the Owner Information on accessible customer service training is available online from the Ministry of Community and Social Services at; http://www.mcss.gov.on.ca/en/mcss/proorams/accessibility/index _aspx. I'.i Freedom of Information Act: a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Instructions to Bidders — 00 20 00 `cipality of Bayham RFQ 23-01 / Project: 2238 ,)binson Street, Port Burwell, ON. Page 7 of 7 ,I The bidder hereby consents to disclosure of its information contained in this Tender submission, pursuant to The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M. 56. 14 Conflict Of Interest: Proponents participating in this Request for Tender process shall disclose, prior to entering into an agreement, any potential conflict of interest. If such a conflict exists, the Owner may, at its discretion, withhold the award of a contract from the Proponent until the matter is resolved. END OF SECTION a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-R1 2unicipality of Bayham RFQ 23-01 / Project: 2238 J JCAL 23065 7 Robinson Street, Port Burwell, ON. Page 1 of 4 1.1 STIPULATED PRICE BID FORM Project: Port Burwell Lighthouse Temporary Stabilization Project No.: JCAL Project No. 23065, A+Link No. 2238, From (Bidder): Heritage Restoration Inc. {company name) 14 Paislev Lane (street address or postal box number) Uxbridge ON L9P OG5 (city / town, province, and postal code) To (Owner): Municipality of Bayham 56169 Heritage Line, PO Box 160, Straffordville, ON. NOJ lY0 The undersigned proposes to provide all labour, materials, equipment and services necessary for the completion of the General Contract Work for_Temporary Stabilization of the Port Burwell Lighthouse_, 17 Robinson Street Port Burwell , Ontario, for the _Municipality of Bayham_ (hereinafter called the Owner) in accordance with the related drawings and specifications for the TOTAL TENDER PRICE (excluding Value Added Taxes) of: (written) Ninety Four thousand dollars Dollars (Numeric) and 0 Cents $ 94,000.00 ,1 The Total Tender Price for the Work is as follows: 1 Base Bid $ 94 000.00 (excluding Value Added Taxes) .2 Cash Allowances Total S 12,220.00 $ 5000.00 (excluding Value Added Taxes) 3 TOTAL TENDER PRICE $ 106,220.00 $ 99,000.00 (Including Allowances, excluding Value Added Taxes) The lowest or any Tender will not necessarily be accepted. The Owner reserves the right to accept or reject any and all Tenders, or any part of any one Tender, and the right to cancel any portion of the Work described in the Tender without any claim whatsoever because of such cancellation. Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-R1 Municipality of Bayham RIiQ 23-01 / Project: 2238 / JCAL ')306f 17 Robinson Street, Port Burwell, ON. Pa e 2 of APPENDIX A - SCHEDULE OF ITEMIZED AND UNIT PRICES (BASE BID): Item Description Unif Estimated Contract Unit Total Item Price Quantity Price I . Mobilization/Demobilization: Includes any and R1I component set-up to facilitate the Work, and an and all component removal, cleanup, landscaping Lump Sum 02,000.00 land reinstatement of components disrupted by the [work. 2. All other items not identified in the bid form bul re specified, indicated or implied in the contract documents and/or are required to complete thejob Lump Sum TVa it. s2,000.00 in its entirety including the cost of all permits and other fees, except the building ermit. 3. Provide temporary enclosures and temporary structures for security and safety and Wor Lump Sum Iva Itfa $ 1 ,000,00 enclosure. Include for all tempora protection. 4. Structural steel, including supply and installation. Lump Sum Iva Na $ 27,000.00 5. Wire rope, including supply and installation. Lump Sum It+a IL`a s17,000.00 Helical piles, including design, supply, and installation. Lump Sum $ 35 000.00 TOTAL $ 94,000.00 NOTES: l) Complete in its entirety the Schedule of Itemized and Unit Prices and the Total Lump Sum Quotation on first page of the Bid Submission Form. 2) Quotations for various items are required on a Lump Sum or Unit Price basis. In each case, the quoted price will be for the completed work, including all labour, equipment, and material required, necessary, or incidental to the item. Applicable taxes (excluding Value Added Taxes), overhead, and profit, and any or all other associated Contractor expenses shall also be included. 3) Quantities provided for lump sum items are approximate in nature and are not to be relied upon by the Bidder. Bidder to measure all quantities on site. 4) The final Contract Price shall be the final sum of all Lump Sum items, used portion of the allowances and the sum of the products of the actual quantities that are incorporated in, or made necessary by the Work, as confirmed by count and measurement, and the appropriate Contract Unit Prices, together with any adjustments that are made in accordance with the provisions of the Contract Documents. S) The Total Estimated Contract Price shall be adjusted by written order to provide for any excess or deficit to each Contract Unit Price and any cash allowances. 6) Deletions from the Bid Form will be deducted at 100% of the Unit or Total Item Price. Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-R1 `Aunicipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065 7 Robinson Street, Port Burwell, ON. Page 3 of 4 APPENDIX C — LIST OF SUBCONTRACTORS Submit the names of Subcontractors proposed for the work. The Contractor reserves the right to substitute another Subcontractor, in the event that a Subcontractor withdraws or becomes bankrupt after the date hereof or proves to be unsatisfactory. Any such substitution shall be subject to the Consultant's approval and contingent upon evidence of withdrawal or bankruptcy or unsatisfactory performance. (Bidder to bar and initial space below if not used) DIVISION OR SECTION OF WORK/TRADE NAME OF SUBCONTRACTOR Structural Steel own forces / Rassaun Services Wire Rope / Rigging own forces / Rassaun Services Helical Piles EBS Geostructural Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-R1 Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 230C - 17 RobinsQn Street, Port Bunnell N Page 4 We, the undersigned, declare that: (a) we agree to commence work within 2 weeks of receipt of advice by letter of intent or agreement, (b) we will attain Substantial Performance of the Work within 8 weeks after receiving notice of contract award. (c) we have arrived at this bid without collusion with any competitor, (d) this Bid is open to acceptance by the Owner for a period of 60 days from the date of bid closing, and (e) all bid forni supplements called for by the Bid Documents form an integral part of this bid. If awarded the Contract, we agree to complete the Scope of Work within the time limit specified above and have all construction equipment removed from site. Indicate agreement of this clause by initialling this clause: CH Signatures Signed and submitted by: Heritage Restoration Inc. (company name) L 99say Henson attice_Manager (name of witness) (signature of witness) (name and title of authorized signing officer) of authorized signing officer) (name of witness) (signature of witness) Dated this nth day of March 202 Note: affix corporate seal as required by Bid Documents, Port Burwell Lighthouse — Temporary Stabilization 'lunicipality of Bayham /7 Robinson Street, Port Burwell, ON. PART 1 -GENERAL 1.1 AGREEMENT FORM AND GENERAL CONDITIONS Contract — 00 50 00 RFQ 23-01 / Project: 2238 Page 1 of 1 .1 The General Conditions governing the Stipulated Price Contract form of Canadian Standard Construction Document CCDC 2, 2020, as approved by the Canadian Construction Documents Committee and as amended, form a part of these Specifications and the agreement of the Contract, as referenced by a Purchase Order to be issued to the successful Bidder by the Owner. .2 Copies of CCDC 2, 2020 are available for examination in the office of the Consultant. The Contractor and all Sub -Contractors will be held to have examined CCDC 2, 2020 and to have become familiar with all articles and supplements thereof, which shall be as binding for the Specifications as though written in full herein. 3 The Owner and the Contractor agree that the language of the Contract will be English. END OF SECTION a+LiNK Architecture Inc. www.aLiNKarch.ca Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 Stabilization Section 00 60 00 Municipality of Bayham RFQ 23-01 / Project: 2239,, 17 Robinson Street, Port Burwell, ON Page 6 of 17 Work shall be carried out in accordance with the required construction schedule prepared by the Contractor beforehand and approved by, where applicable, the Consultant, and by the Owner.; Add new paragraph 3.5.3 as follows: } The Contract Price shall include all costs required to phase the work of the Project in order that the various stages of the Work as called for in the Contract Documents and the functional needs of the Owner are maintained GC 3.5 SUPERVISION In paragraph 3.5.1 on the first line after the words "who shall be in" insert "full time". In paragraph 3.5.1, after "valid reason", Add "which shall be provided in writing and in consultation with the Consultant and the Owner". .2 Add new paragraph 3.5.3 as follows: The appointed representative assigned to the Project shall be fully competent to implement efficiently all requirements for scheduling, coordination, field engineering, reviews, inspections and submittals defined in the specifications, and have minimum 5 years documented Superintendent/Project Management experience. Add new paragraph 3.5.4 as follows: The Consultant shall reserve the right to review the record of experience and credentials of the appointed representative assigned to this Project prior to commencement of Work, during Work or any change of the representative by the Contractor pursuant to paragraph 3.5.1. GC 3.6 SUBCONTRACTORS AND SUPPLIERS In subparagraph 3.6.1.1 add to the end of the second line "including any warranties and service agreements which extend beyond the terms of this Contract." In paragraph 3.6.2, on the first line, delete the words "if requested by the Owner". Add new paragraph 3.6.7 as follows: 3.6.7 The Contractor shall employ those Subcontractors, Suppliers or Contractors Own Forces proposed in the bid for the specific item of work. If the Contractor wishes to substitute a Subcontractor, Suppliers or Contractors Own Forces other than the one named in the bid, the Contractor shall provide the Consultant and Owner with the following: 1 Reason(s) for the substitution 2 Documentation from the originally named Subcontractor, Suppliers or Contractors Own Forces indicating their desire to withdraw from the project including the reason(s) for the withdrawal; and The proposed substitute Subcontractor's, Supplier's or Contractors Own Forces experience and competence to carry out the work. 4 Employment of the proposed substitute Subcontractor, Suppliers or Contractors Own Forces on the project is subject to the written consent of the Owner." Add new paragraph 3.6.8 as follows: The approval of Subcontractors, Suppliers or Contractors Own Forces by the Owner in no way signifies a relationship between the Owner and any Subcontractor, Suppliers or Contractors a+LiNK Architecture Inc. www.01inkarch.ca 5 L Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 stabilization Section 00 60 00 Junicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 7 of 17 Own Forces. The Subcontractor, Suppliers or Contractors Own Forces remains at all times the responsibility of the Contractor. .5 Add new paragraph 3.6.9 as follows: .1 Work performed by Subcontractors, Suppliers or Contractors Own Forces other than those named in the bid, or substitutions consented to by the Owner as described in 3.7.7, may not be paid for by the Owner. GC 3.7 LABOUR AND PRODUCTS .1 Add the following to the end of paragraph 3.7.1: .1 The Contractor represents that it has sufficient skilled employees to replace, subject to the Owner's approval, acting reasonably, its designated supervisor and project manager in the event of death, incapacity, removal or resignation. ,2 Add new paragraphs 3.7.4 and 3.7.5 as follows: A 3.7.4 The Owner shall provide the Contractor in a timely manner with all relevant information (including storage, protection, and installation requirements) regarding Products to be supplied by the Owner or other contractors and, prior to delivery of any such Products to the Place of the Work, the Owner shall obtain the Contractor's written approval of the delivery date and proposed storage, protection and installation requirements. .2 3.7.5 Once the Contractor has accepted delivery of Products, the Contractor shall be responsible for the safe storage and protection of Products as required to avoid dangerous conditions or contamination to the Products or other persons or property. Products shall be stored in locations and at the Place of the Work to the satisfaction of the Owner and the Consultant as agreed and approved by the Contractor pursuant to paragraph 3.7.4. Notwithstanding the foregoing, the Contractor shall not be responsible for any Products supplied by the Owner or other contractors unless: .1 the Contract Documents expressly stipulate that such Product is to be the Contractor's responsibility and to be installed by the Contractor as part of the Work; .2 the Contractor has or has received from the Owner proof of insurance coverage sufficient, at a minimum, to cover the replacement cost of such Product; and .3 the Owner obtained the Contractor's approval as required by paragraph 3.7.4. .3 Add new paragraph 3.7.5 as follows: .1 Ensure that rates of wages, hours and conditions of work are in accordance with codes generally recognized and accepted in the locality. _4 Add new paragraph 3.7.6 as follows: Products which are specified by their proprietary names or by part or catalogue number shall form the basis for the specifications and tenders. No substitutes for these may be used without the Consultant's approval in writing. Substitutes will be considered only when submitted with the bids and on the appropriate form. In applying for permission to use substitutes, the Contractor shall prove to the Consultant's satisfaction that the substitute is equal to the specified product, and is compatible in every respect with the configuration and design of the Project, not requiring any change thereto to accommodate the substitution. Each application shall be accompanied by a list of properties of the specified product and the proposed substitute. No application to use substitutes will be considered unless made in this way. 5 Add new paragraph 3.7.7 as follows: a+LJNK Architecture Inc. www. aJ i n ka cch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. Supplementary General Conditions: CCDC2 2020 Section 00 60 00 RFQ 23-01 / Project: 2238, Page 8 of 17 ,1 When requesting approval for the use of substitutes, the Contractor shall include in their submission any effect that the substitute may have on the Contract Price, and be prepared to reimburse the Owner for all costs that may become evident later as a result of the substitution. .6 Add new paragraph 3.7.8 as follows: .1 The Contractor shall use all Products in strict accordance with the manufacturers' directions except where specified otherwise. Whenever specific reference to manufacturers' direction or instructions is made in specifications, the Contractor shall submit copies of said instructions or directions or both for approval before commencing to use such Products. Whenever more than one Product is specified for one use, the Contractor may select for their use any of the Products so specified unless the specifications or the drawings indicate otherwise. .7 Add new paragraph 3.7.9 as follows: Materials, appliances, equipment and other Products are sometimes specified by reference to brand names, proprietary names, trademarks or symbols. In such cases, the name of a manufacturer, distributor, Supplier or dealer is sometimes given to assist the Contractor to find a source Supplier. This shall not relieve the Contractor from their responsibility from finding their own source of supply even if the source named no longer supplies the Product specified. If the Contractor is unable to obtain the specified Product, they shall supply a substitute Product equal to or better than the specified Product, as approved by the Consultant with no extra compensation. Should the Contractor be unable to obtain a substitute Product equal to or superior to the specified Product and the Owner accepts an inferior Product, the Contract Price shall be adjusted accordingly, as approved by the Consultant. 8 Add new paragraph 3.7.10 as follows: The Contractor shall use Canadian made Products where the price and quality thereof are comparable to corresponding foreign made Products. Add new paragraph 3.7.11 as follows: .1 All work shall be of the highest quality performed by persons trained and skilled in accordance with the best practices for each particular Section of the Work and trade. Provide special work and performance standards specified. .10 Add new paragraph 3.7.12 as follows: Where materials or workmanship are specified to comply to a standard such as a Building Code, Canadian Standards Association, Canadian General Standards Board or American Society for Testing and Materials, it shall mean the latest revised edition of the standard at the time of receipt of bids GC 3.8 SHOP DRAWINGS .1 Add the words "AND OTHER SUBMITTALS" to the title of GC 3.8 after the words "SHOP DRAWINGS"_ Add the words "and Submittals" after the words "Shop Drawings" in paragraphs 3.8.1, 3.8.2, 3.8.3, 3.8.3.2, 3.8.5, 3.8.6, and 3.8.7. _3 Delete paragraph 3.8.2 in its entirety and replace it with new paragraph 3.8.2 as follows: _1 3.8.2 Prior to the first application for payment, the Contractor and the Consultant shall jointly prepare a schedule of the dates for submission and return of Shop Drawings and Submittals in an orderly sequence. to+LINK Architecture Inc. ti www.alinkarch.ca L- Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 -,tabilization Section 00 60 00 .lunicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 9 of 17 .2 Delete the words "with reasonable promptness so as to cause no delay in the performance of the WorK' and replace with "within 10 working days or such longer period as may be reasonably required" in paragraph 3.8.7. .4 Add new paragraph 3.8.8 as follows: 1 The Consultant's review of shop drawings does not relieve the Contractor of their responsibility to review all information pertaining to: 1 detail design; _2 dimensions; .3 information pertaining to fabrication processes; .4 techniques of construction and installation; .5 coordination of the work of Subcontractors. 5 Add new paragraph 3.8.9 as follows: I The Contractor shall submit shop drawings in accordance with the shop drawing procedures specified in Section 01 33 00 - Submittals. 6 Add new paragraph 3.8.10 as follows: I Only shop drawings indicated as "Reviewed for General Design" or "Reviewed as Noted" and bearing the Consultant's review data and initials shall be used at the Place of the Work. 7 Add new paragraph 3.8.11 as follows: .1 Reviewed shop drawings shall not authorize changes in cost to the Owner nor shall they authorize changes to the construction schedule. GC 3.9 PERFORMANCE BY CONTRACTOR 1 Add new General Condition GC 3.9 as follows: .1 GC 3.9 PERFORMANCE BY CONTRACTOR .1 3.9.1 In performing its services and obligations under the Contract, the Contractor shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the Contractor's obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Contractor shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may recommend to the Owner. GC 4.1 CASH ALLOWANCES PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES Add to Paragraph 4.1.5, after Contract Price, "on final certificate for payment". .2 Delete paragraph 4.1.7 in its entirety and replace it with the following: ,1 4.1.7 At the commencement of the Work, the Contractor shall prepare for the review and acceptance of the Owner and the Consultant a schedule indicating the times within the construction schedule referred to in GC 3.4 that items called for under cash allowances are required to be delivered to the Place of the Work to avoid delaying the progress of the Work. a+LiNK Architecture Inc. www.alinkorch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. .3 Add new paragraph 4.1.8 as follows: Supplementary General Conditions: CCDC2 2020 Section 00 60 00, RFQ 23-01 I Project: 2238 Page 10 of 17 4.1.8 The Owner reserves the right to call, or to have the Contractor call, for competitive bids for portions of the Work to be paid for from cash allowances. PART 5 PAYMENT GC 5.2 APPLICATIONS FOR PAYMENT Delete the word "first" in paragraph 5.2.7 and replace it with the word "second." GC 5.2APPLICATIONS FOR PROGRESS PAYMENT Delete paragraph 5.2.8 in its entirety and substitute new paragraph 5.2.8; Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work will not be accepted without proof of proper storage, written acknowledgement that Contractor's insurer maintains coverage with no cost to Owner, and in no case more than 2 months prior to anticipated installation without written authorization from the Owner. Application shall be supported by such evidence as the Consultant may reasonably required to establish the value and delivery of the Products. GC 5.4 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK Delete all paragraphs of GC 5.4 in their entirety and replace them with the following paragraphs: 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within five (5) Working Days, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to certify or verify the validity of the application and shall promptly, and in any event, no later than 10 calendar days after receipt of the Contractor's application: 1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or } state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate lien holdback account, the Owner shall, no later than 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. . i 5.4.4 Subject to the requirements of any Payment Legislation, all holdback amounts prescribed by the applicable lien legislation for the Place of the Work shall become due and payable to the Contractor no later than 10 Working Days following the expiration of the a+LiNK Architecture Inc. www.alinkarch.co Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 -,tabilization Section 00 60 00 lunicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 11 of 17 holdback period stipulated in the lien legislation applicable to the Place of the Work, as certified or verified by the Consultant when permitted by any Payment Legislation. .5 5.4.5 The Contractor shall submit an application for release of the lien holdback amount in accordance with the lien legislation applicable to the Place of the Work. Except to the extent required by any Payment Legislation, such application for release of the holdback shall not constitute an application for payment that is subject to Proper Invoice requirements. .6 5.4.6 Where legislation permits progressive release of the holdback for a portion of the Work and the Consultant has certified or verified that the part of the Work has been performed prior to Substantial Performance of the Work, the Owner hereby agrees to release, and shall release the holdback for such portion of the Work to the Contractor in accordance with such legislation. 3 5.4.7 Notwithstanding any progressive release of the holdback, the Contractor shall ensure that such parts of the Work are protected pending the issuance of a final certificate for payment or until the Owner takes early occupancy in accordance with GC12.2, whichever comes first, and shall be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when the holdback was released. GC 5.5 FINAL PAYMENT Add to the end of paragraph 5.5.1 the following sentence: The application for final payment shall meet the requirements of a Proper Invoice. Add the following to the end of paragraph 5.5.3: Subject to any Payment Legislation, when the Consultant finds the Contractor's application for final payment to be not valid, the Contractor shall revise and resubmit the application when the Contractor has addressed the reasons given by the Consultant. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES Add new subparagraph 6.1.3; .1 6.1.3 Overhead and profit is understood to include: .1 The Contractor's head office expenses, associated travelling costs, financing costs, including holdback, bonding and insurance costs; I The salaries of superintendents, engineers, timekeepers, accountants, clerks, watchmen and all other site supervision staff above foreman level employed directly on the Work; .3 Uses of temporary offices, sheds and other general temporary site support facilities and all utilities used therein; and A Licenses and permits, except when these are specified for a particular item of Work. Add new paragraph 6.2.3 as follows: 1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's overhead and profit shall be calculated on the following basis: 1 1.2 combined overhead and profit mark-up on the Contractor's work shall not exceed ten percent (10%); ,2 1.3 the Contractor's combined overhead and profit mark-up on Subcontractors' work shall not exceed five percent (5%); a+LINK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. Supplementary General Conditions: CCDC2 2020 Section 00 60 00, RFQ 23-01 I Project: 2238 Page 12 of 17 3 1.4 combined overhead and profit mark-up charged by Subcontractors on their own work shall not exceed ten percent (10%). GC 6.3 CHANGE DIRECTIVE 1 Delete the word "and" from the end of subparagraph 6.3.7.17. 2 Delete the period from the end of subparagraph 6.3.7.18 and replace it with "; and". .3 Add new subparagraph 6.3.7.19 as follows: 7 .19 safety measures and requirements. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS In subparagraph 6.4.1.1 Add to the end of the sentence, "or any geotechnical reports that were made available to the Contractor prior to the Contract." 2 Add new subparagraph 6.4.5; 6.4.5 The Contractor confirms that, prior to bidding the Project, it carefully reviewed the Place of the Work and applied to that review the degree of care and skill described in paragraph 3.9.1, given the amount of time provided between the issue of the bid documents and the actual closing of bids, the degree of access provided to the Contractor prior to submission of bid, and the sufficiency and completeness of the information provided by the Owner. The Contractor is not entitled to compensation or to an extension of the Contract Time for conditions which could reasonably have been ascertained by the Contractor by such review undertaken in accordance with this paragraph 6.4.5. GC 6.5 DELAYS Delete the period at the end of paragraph 6.5.1, and substitute the following words: ", but excluding any consequential, indirect or special damages whatsoever including, without limitation, any indirect, consequential, or special damages, such as loss of profits, loss of opportunity or loss of productivity resulting from such delay." 2 Add the following to the end of subparagraph 6.5.3.4: provided that the Owner shall, in such instance, only be liable for reasonable and direct costs incurred by the Contractor and shall not be liable for any other costs or damages whatsoever including, without limitation, any indirect, consequential, or special damages, such as loss of profits, loss of opportunity or loss of productivity resulting from such delay. Notwithstanding the foregoing, the Contractor shall use its best efforts to minimize the impact of such event upon the performance of the Work and Contract Time." 3 In paragraph 6.5.4 add the following: 1. No claim for delay shall be considered valid unless a copy of the notice requested to be given to the Consultant, has been sent simultaneously to the Owner. In paragraph 6.5.5, add the following: 1 In case the additional instructions require pricing by the Contractor, the above 10 day period shall commence after a fully substantiated price has been submitted by the Contractor to the Consultant. Add new subparagraph 6.5.6. a+LINK Architecture Inc. www.alinkarch.ca 4-, Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 Stabilization Section 00 60 00 ,lunicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 13 of 17 ,1 6.5.6 If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any cause within the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Owner shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Contractor and, in particular, the cost of the Consultant's services during the period between the date of Substantial Performance of the Work stated in Article A- 1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Contractor.. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE Add the words "as noted in paragraph 6.6.3" after the words "of the claim" in paragraph 6.6.5 and add the words "and the Consultant", at the end of paragraph 6.6.5. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT Add new paragraph 8.1.4 as follows: Notwithstanding any other paragraph, the Consultant shall not have authority to make a finding and the procedures set out in paragraph 8.1.3 and paragraphs 8.3.3 to 8.3.8 of GC 8.3 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.4 - RETENTION OF RIGHTS shall not apply to: 1 any claim by a third party against the Owner and/or the Contractor for any personal injury, including death, or damage to property; any claim for indemnity as between the Owner and Contractor; or 3 any claim or dispute that is insured or subject to a subrogated right of an insurer GC 8.3 ADJUDICATION Delete the word "prescribed" from paragraph 8.2.1 and substitute the words "provided for". GC 8.3 NEGOTIATION, MEDIATION AND ARBITRATION Add the following new paragraphs 8.3.9 to 8.3.13: 8.3.9 Within five days of receipt of the notice of arbitration by the responding party under paragraph 8.3.6, the Owner and the Contractor shall give the Consultant a written notice containing: a copy of the notice of arbitration; a copy of supplementary conditions 8.3.9 to 8.3.14 of this Contract, and; any claims or issues which the Contractor or the Owner, as the case may be, wishes to raise in relation to the Consultant arising out of the issues in dispute in the arbitration. 8.3.10 The Owner and the Contractor agree that the Consultant may elect, within ten days of receipt of the notice under paragraph 8.3.9, to become a full party to the arbitration under paragraph 8.3.6 if the Consultant: .1 has a vested or contingent financial interest in the outcome of the arbitration; .2 gives the notice of election to the Owner and the Contractor before the arbitrator is appointed; a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 Stabilization Section 00 60 00, Municipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 14 of 17 agrees to be a party to the arbitration within the meaning of the rules referred to in paragraph 8.3.6, and, .4 agrees to be bound by the arbitral award made in the arbitration. .3 8.3.11 Without limiting and subject to the Owner and Contractor's rights under paragraph 8.3.12 to challenge whether the Consultant has satisfied the requirements of paragraph 8.3.10, if an election is made under paragraph 8.3.10: .1 the Owner or Contractor may request particulars and evidence of the Consultant's vested or contingent financial interest in the outcome of the arbitration; 7 the Consultant shall participate in the appointment of the arbitrator; and, 3 notwithstanding the rules referred to in paragraph 8.3.6, the time period for reaching agreement on the appointment of the arbitrator shall begin to run from the date the respondent receives a copy of the notice of arbitration. t 8.3.12 The arbitrator in the arbitration in which the Consultant has elected under paragraph 8.3.10 to become a full party may: .1 on application of the Owner or the Contractor, determine whether the Consultant has satisfied the requirements of paragraph 8.3.10, and; } make any procedural order considered necessary to facilitate the addition of the Consultant as a party to the arbitration. 3 8.3.13 The provisions of paragraph 8.3.9 shall apply (with all appropriate changes being made) to written notice to be given by the Consultant to any sub -consultant. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY Delete subparagraph 9.1.1.1 in its entirety and replace it with the following: 9.1.1.1 errors or omissions in the Contract Documents which the Contractor could not have discovered applying the standard of care described in paragraph 3.9.1; r Delete paragraph 9.1.2 in its entirety and replace it with the following: 9.1.2 Before commencing any Work, the Contractor shall determine the locations of all underground utilities and structures indicated in the Contract Documents, or that are discoverable by applying to an inspection of the Place of the Work the degree of care and skill described in paragraph 3.9.1. 3 Add new paragraph 9.1.5 as follows: The Contractor shall provide and maintain hoarding and dust screens in accordance with local bylaws and Construction Safety Council, and to the Consultant's approval. The Contractor shall locate hoarding either in accordance with instructions received from the Consultant at the first site meeting or as specified in the Contact Documents. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES In paragraph 9.2.1, after the word "legislation" insert "and the Occupational Health and Safety Act of Ontario (OHSA) and amendments to the Act and all regulations under the Act" }' Add to paragraph 9.2.6 after the word "responsible", the following new words: a+LiNK Architecture Inc. www.alinkarch.ca 1 Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 ,,tabilization Section 00 60 00 lunicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 15 of 17 or whether any toxic or hazardous substances or materials already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Construction Manager or anyone for whom the Contractor or anyone for whom the Contractor is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others, .3 Add "and the Consultant" after the word "Contractor" in subparagraph 9.2.7.4. .4 Add to paragraph 9.2.8 after the word "responsible", the following new words: or that any toxic or hazardous substances or materials already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Contractor or anyone for whom the Contractor is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others, Add new paragraph 9.2.10 as follows: It shall be the responsibility of the Contractor to ensure that the following Workplace Hazardous Material Information System regulations are adhered to on the job site: .1 All personnel shall have received WHMIS training; ,2 All materials being used, falling under WHMIS guidelines, shall be labelled in accordance with up-to-date and valid WHMIS requirements; .3 Appropriate Material Safety Data Sheets shall be available at all times; GC 9.4 CONSTRUCTION SAFETY Add new paragraph 9.4.6 as follows: "Prior to the commencement of the Work, the Contractor shall submit to the Owner: .1 a current WSIB clearance certificate; ,2 copies of the Contractor's insurance policies having application to the Project or certificates of insurance, at the option of the Owner; .3 documentation of the Contractor's in-house safety -related programs, including, but not limited to, Contractor's Health and Safety Policy and Contractor's Health and Safety Program Manual , Add new paragraph 9.4.7 as follows: The Contractor shall indemnify and save harmless the Owner, its agents, officers, directors, employees, consultants, successors and assigns from and against the consequences of any and all safety infractions committed by the Contractor under OHSA, including the payment of legal fees and disbursements on a solicitor and client basis. Such indemnity shall apply to the extent to which the Owner is not covered by insurance, provided that the indemnity contained in this paragraph shall be limited to costs and damages resulting directly from such infractions and shall not extend to any consequential, indirect or special damages. Add new paragraph 9.4.8 as follows: Each Contractor and Subcontractor having an accident or incident on the project site, as prescribed in Sections 8 through 11 of the Construction Regulations under the OHSA, shall notify the Director of Facilities and the Project Manager for the City; and the General Contractor, as constructor, shall advise the Workplace Safety and Insurance Board and the Ministry of Labour, if so required by the OHSA. a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. 4 Add new paragraph 9.4.9 as follows: Supplementary General Conditions: CCDC2 2020 Section 00 60 00 RFQ 23-01 / Project: 2238 Page 16 of 17 1 Failure to comply with these provisions and all applicable legislation, including the OHSA and the Environmental Protection Act and regulations made thereunder, may result in the cancellation of this Contract and no further monies will be owed by the Owner from the date of cancellation. As well, the Owner may withhold any monies owing to the Contractor in order to cover any losses the Owner may incur in order to have the Work completed by whatever means the Owner deems appropriate. GC 9.5 MOULD Add "and the Consultanf' after "Contractor" in subparagraph 9.5.3.4. PART 10 GOVERNING REGULATIONS GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 1 Delete from the first line of paragraph 10.2.5 the word, "The" and substitute the words: "Subject to paragraph 3.9.1, the". 2 Add to the end of paragraph 10.2.2 "Application and administration work required to obtain the building permit will be performed by the Consultant. 3 Add to the end of paragraph 10.2.3 as follows: .1 as well as the filing of any "Notice of Project". The Contractor, when necessary, shall also be responsible for the filing of the "Notice of Project" with the Ministry of Labour under the OHSA. GC 11.1 INSURANCE As stipulated in Instructions to Bidders Section 00 20 00: PART 12 OWNER TAKEOVER GC 12.1 READY -FOR -TAKEOVER 1 After the second occurrence of the term "Ready -for -Takeover" insert before the term "Ready -for - Takeover" in paragraph 12.1.3 the words "determination of'. GC 12.2 EARLY OCCUPANCY BY THE OWNER Delete the word "achieve" in paragraph 12.2.4 and replace it with the words "have achieved" GC 12.3 WARRANTY 1 Delete the word "The" from the first line of paragraph 12.3.2 and replace it with the words "Subject to paragraph 3.9.1, the ". 2 Add new paragraph 12.3.7 as follows: .1 The Contractor shall commence or correct any deficiency within two working days after receiving a notice from the Owner or the Consultant, and complete the work as expeditiously a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Supplementary General Conditions: CCDC2 2020 stabilization Section 00 60 00 lunicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 17 of 17 as possible, except that in case the deficiency would prevent maintaining security or keep basic systems essential to the ongoing business of the Owner and/or their tenants, operational as designed, all necessary corrections and/or installations of temporary replacements shall be carried out immediately as an emergency service. Should the Contractor fail to provide this emergency service within 8 hours of a request made during normal business hours of the Contractor the Owner is authorized, regardless of GC 3.1 — Control of the Work, to carry out all necessary repairs or replacements at the Contractor's expense. PART 13 INDEMNIFICATION AND WAIVER GC 13.1 INDEMNIFICATION Add new paragraph 13.1.0 as follows: 13.1.0 The Contractor shall indemnify and hold harmless the Consultant, its agents and employees from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings by third parties that arise out of, or are attributable to the Contractor's performance of the Contract, provided such claims are: .1 attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, and .2 caused by negligent acts or omissions of the Contractor or anyone for whose negligent acts or omissions the Contractor is liable, and .3 made by Notice in Writing within a period of 6 years from the Ready -for - Takeover date or within such shorter such period as may be prescribed by any limitation statute or the Province or Territory of the Place of Work. .2 Add the words "13.1.0," after the word "paragraphs" in paragraph 13.1.3. END OF SUPPLEMENTARY CONDITIONS a+LiNK Architecture Inc. www.alinkarCh.ccl Port Burwell Lighthouse — Temporary Stabilization `lunicipality of Bayham 7 Robinson Street, Port Burwell, ON. .I Geotechnical Investigation: Geotechnical Report 00 80 00 RFQ 23-01 / Project: 2238 Page 1 of 1 Refer to the attached Geotechnical Engineering Report #04-02211081.000-0100-GS-R-0001-00, prepared by Englobe Corp., dated February 20, 2023. The attached document is provided for Contractor reference only. The Architect assumes no liability for the accuracy or findings in this document. END OF SECTION a+LINK Architecture Inc. www.alinkarch.ca CEOTECHNICAL ENGINEERING REPORT Proposed Lighthouse Renovations 17 Robinson Street, Port Burwell, Ontario Municipality of Bayham Final Report February 20, 2023 04-02211081.000-0100-GS-R-0001-00 Municipality of Bayham Prepared by: 10OF77fl12 �Oes�v2'2� Andrew Stewart, P.Eng. Geotechnical Engineer Reviewed by: Zaheer Babar Team Leader, London Operations Approved by: 1444-;� gyp€ E Sf;Jf7.y , t =, 4 �r f P. r, rNION r Patrick Cannon, P.Eng. Project Director / Senior Geotechnical Engineer T 519 720-0078 — infggengIQJ ecol p.rorn 440 Hardy Road, Unit 3— Brantford, ON —Canada N3T 5L8 englobecorp.com Production team Municipality of Bayham Englobe Corp. Project Coordinator, London Operations Geotechnical Engineer Project Director / Senior Geotechnical Engineer Revisions and publications log a 14E ISION No. DATE KE February 20, 2023 Mr. Steve Adams ZaheerBabar Andrew Stewart, P.Eng. Patrick Cannon, P. Eng. 4 DESCRIPTION Final Report Issued GEOTECHNICAL ENGINEERING REPORT I Final Report L Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 Property and Confidentiality "This report can only be used for the purposes stated therein. Any use of the report must take into consideration the object and scope of the mandate by virtue of which the report was prepared, as well as the limitations and conditions specified therein and the state of scientific knowledge at the time the report was prepared. Englobe Corp. provides no warranty and makes no representations other than those expressly contained in the report. This document is the work product of Englobe Corp. Any reproduction, distribution, or adaptation, partial or total, is strictly forbidden without the prior written authorization of Englobe Corp. and its Client. For greater certainty, use of any and all extracts from the report is strictly forbidden without the written authorization of Englobe Corp. and its Client, given that the report must be read and considered in its entirety. No information contained in this report can be used by any third party without the prior written authorization of Englobe Corp. and its Client. Englobe Corp. disclaims any responsibility or liability for any unauthorized reproduction, distribution, adaptation or use of the report. If tests have been carried out, the results of these tests are valid only for the sample described in this report. Englobe Corp.'s subcontractors who have carried out on -site or laboratory work are duly assessed according to the purchase procedure of our quality system. For further information, please contact your project manager." GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00I February 20, 2023 T 1e of Contents 1 Introduction....................................................................................................................1 2 Investigation Procedure...................................................................................................2 2,1 Field Program- ............ ........... .............. ...................................................................................... 2 2.2 Laboratory Testing .................. :.............. ....F............................................................. ....,............... .3 Subsurface Conditions. ......................... __ ........................ ............... ........ ................ 3 3.1 Soil Conditions....................................................................................................,...,....,a.........F.....3 3.1.1 Fill and Topsoil,..,.., ..... ..... .... . . .. ....... ..............................................................................3 3.1.2 Silty Clay Till ............. ............. ... ........ ... ........ . .. , .,--.,.... ,....... ..,.............,..,,....,.... ..,.....4 3.2 Groundwater Conditions.. ,..,. „ ............... . ... „ .. ,. ,.,...,.........,................ .................. ....... 4 4 Geotechnical Design Recommendations........................................................................... 4 4.1 Preliminary Foundation Design......................................................................:..............................4 4.1.1 Conventional Spread Footings in Undisturbed Soil ......... .......... ..... ... ...... . . . ... . ............5 4.1.2 Foundation Underpinning (Provisional) ............................. ............................... ..._......... . _..-,..-...,6 4.2 Slope Stability Recommendations--- ........................ ............. ,........................ ................ 6 4.3 Site Classification for Seismic Site Response..,...,..,,..,...,..........................................................,,..7 4.4 Excavations and Dewatering--..- „ ,. „ „ ,, ,,,,,, ,,, ,,,,,, , ,, „ „ , „ ........ .... ..... ...... , ........a. , ..7 4.5 Lateral Earth Pressures ..................... :........................... ............................................... ................ _9 4.6 Backfilling and Reuse of Excavated material................................................................................9 4.7 Depth of Frost Penetration ............. .......„„.............. „ „ ...................... „ ,..,. ,... „ , ., „ 10 4.8 Site Work .... ....................................................................,...,.,,..,..,..,,.,,..,.............,,...............10 4.9 Quality Control ........... ............... ..................................................................... .,.....,.,,.,,,.,..........-11 5 Statement of Limitations................................................................................................ 11 TABLES Table1: Summary of Boreholes................................................................................................................2 Table 2: List of Laboratory Tests Conducted as per ASTM Standards..........................................................3 Table 3: Recommended Footing Depths and Soil Bearing Capacities.......................................................5 Table 4: Soil Classification for Excavations , ,. ,,,, ,,.,,, ,,.,, -..- , , , , ,,, , , , , ,, ,,, „ ., „ , .... , „ ..7 Table 5: Safe Excavation Slope Based on Soil Type (Ontario Regulation 213/91 Occupational Health and SafetyAct(OHSA)).................................................. ............. ............. .............. ..,,..,...,......... ......... 8 Table6: Lateral Earth Pressures........................................,.........,...,...,.....,...:.................................,-,.......9 APPENDICES Appendix A Drawings Appendix B Borehole Logs t- GEOTFCHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 1 Introduction Englobe Corp. (Englobe) was retained by Mr. Steve Adams, manager of Public Works/Drainage Superintendent of the Municipality of Bayham (hereinafter referred to as the "Client') to carry out a geotechnical investigation in support of the proposed historic renovations to the existing Lighthouse/Museum located at 17 Robinson Street in Port Burwell, ON (hereinafter referred to as the "Site"). A site location map is provided on Drawing 1 in Appendix A. Based on the communication with the client and the email correspondence with Englobe, dated November 22, 2022, it is our understanding that a geotechnical investigation is required to determine the subsoil conditions at the current lighthouse location to assist with planned historic renovations that are in the engineering phases. The purpose of the work was to investigate and report on the subsurface soi I and groundwater conditions in a series of boreholes drilled at the site. Information and advice on the geotechnical engineering aspects of the design of foundations, floor slabs -on -grade, and other elements have been provided based on our interpretation of the subsurface conditions encountered in the boreholes. The anticipated construction conditions pertaining to excavation, backfill and temporary groundwater controls are also discussed, but only with regard to how these might influence the design. The geotechnical investigation was conducted by means of a limited number of boreholes and laboratory tests on selected representative soil samples. The data and their interpretation presented in this report may not be sufficient to assess all the factors that may influence construction. Prospective contractors, therefore, should evaluate the factual information, obtain additional subsurface data as they might deem necessary and select their construction methods, sequencing and equipment based on their own experience on similar projects. On -going liaison with Englobe during the final design and construction phase of the project is recommended to ensure that the recommendations in this report are applicable and/or correctly interpreted and implemented. The recommendations and opinions provided in this report are applicable only to the proposed development as described above and the Limitations of the Investigation found in Section 5 are an integral part of this report. GEOTECHNICAL ENGINEERING P�PORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 L. r ,& Investigation Procedure 2.1 Field Program The fieldwork for this investigation was performed on December 6, 2022 and involved drilling of two (2) boreholes to an approximate depth of 6.6 to 9.6 metres below ground surface (m BGS). The summary of borehole numbers, locations and depth / elevations are provided in Table 1. The approximate locations of the boreholes are also shown on Drawing 2 in Appendix A. Table 1: Summary of Boreholes BH-01-22 99.00 9.60 / 99.00 H H-02-22 98.87 6.60198.87 Ground surface elevations at the borehole locations are based on the assumed 100 m elevation of Temporary Benchmark Based on the elevations at the borehole locations, topography within the study area of the existing lighthouse location is generally flat, however it is noted that a slope was located to the east of the existing lighthouse location. The existing lighthouse was noted to be approximately 10 m (or less) east of the top crest of a slope and the stability of the slope was not assessed as part of the current scope of works. The field investigation was carried out in general conformance with the professional standards set out in the Canadian Foundation Engineering Manual (CFEM 2006, 4th Edition), applicable Ontario Regulations and ASTM International. The following is a summary of field investigation tasks: — Local utility companies were contacted prior to the start of drilling activities in order to demarcate underground utilities onsite. — The boreholes were advanced to an approximate depth of 6.6 to 9.6 m BGS using a Diedrich D 50T drill rig equipped with hollow stem augers supplied and operated by London Soil Test Ltd. under the supervision of an Englobe drilling supervisor. The boreholes were logged by Englobe geotechnical supervisor. - The borehole locations and ground surface elevations were relative to the existing site features. The borehole elevations are based on the assumed elevation of temporary benchmark (TBM) as follows: TBM - Top spindle of a Fire hydrant located approximately as shown on Borehole location plan, Drawing 2 in Appendix A. Elevation - 100 m (assumed) Soil samples were recovered from the boreholes at regular depth intervals using a 50 mm outside diameter split spoon sampler in accordance with ASTM D1586 Standard Penetration Test (SPT). — Groundwater observations were made, and measurements were carried out in the open boreholes during and upon completion of drilling and noted on borehole logs. — The boreholes were backfilled with soil cuttings and bentonite in accordance with Ontario Regulation 903 as amended, under the Ontario Water Resources Act. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 2.2 Laboratory Testing ` All soil samples recovered during this investigation were returned to Englobe laboratory for visual examination by geotechnical engineer. Geotechnical laboratory tests included the moisture content determination of all the eighteen (18) recovered soil samples. The moisture content values, and the results of particle size analyses test are provided in the borehole logs as well discussed in the following sections of the report. A summary of the laboratory testing is provided in Table 2. Table 2: List of Laboratory Tests Conducted as per ASTM Standards It is important to note that as per the standard policy of Englobe, the soil samples will be stored for a period of three months from the date of sampling. These soil samples will be discarded after the three- month period unless prior arrangements have been made for longer storage. 3 Subsurface Conditions The subsurface soil and groundwater conditions encountered in the boreholes are shown on the Record of Borehole Logs in Appendix B. A list of abbreviations and symbols are provided to assist in the interpretation of the borehole logs. It should be noted that the boundaries between the strata have been inferred from drilling observations and non -continuous samples. The boundaries generally represent a transition from one soil type to another and should not be inferred to represent exact planes of geological change. Further, conditions will vary between and beyond the locations investigated. 3.1 Soil Conditions The following discussion has been simplified in terms of the major soil strata for the purposes of geotechnical design. In general, the boreholes drilled at the site penetrated existing surficial topsoil and fill material overlying a native soil deposit consisting of silty clay till. For detailed description of subsurface soil encountered within the boreholes, refer to record of Borehole logs provided in Appendix B. 3.1.1 Fill and Topsoil A 230 mm thick surficial layer of topsoil was revealed at Borehole BH-01-22 that was sandy and silt; in composition. Fill material was revealed from the existing ground surface at Borehole BH-02-22 and beneath the topsoil at Borehole BH-01-22. The fill material consisting primarily of sandy silt with a trace to some gravel and extended to an approximate depth of 0.8 m. The Standard Penetration Test results (N Values) recorded within the fill material ranged from 10 to 15 blows per 300 mm penetration of split spoon sampler indicating a compact relative density. The natural water content of the samples of fill material ranged from 5 to 17 percent. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00I February 20, 2023 3 "1 Silty Clay Till Below the fill material in all the boreholes, native deposits consisting of silty clay till were encountered which extended to the termination depth in all the boreholes. The Standard Penetration Test results (N Values) recorded in the native silty clay till deposit generally ranged between 7 to 16 blows per 300 mm penetration of a split spoon sampler, indicating a firm to very stiff consistency. The natural water content in samples recovered within clayey silt to silty clay deposit ranged from about 17 to 24 percent. 3.2 Groundwater Conditions Groundwater observations were made in each of the boreholes as they were drilled and after completion of drilling. All the boreholes were open and dry upon completion of drilling. It should be noted that the conditions reported above may not necessarily represent stabilized conditions or the groundwater conditions which will be encountered during construction. The groundwater levels will vary due to seasonal effects and precipitation conditions. It should be noted that there was no provision for long-term groundwater monitoring at the site. The colour change from brown to grey, which may coincide with the long-term groundwater level, was observed at depths ranging from approximately 6.1 and 3.8 m BGS in Boreholes BH-01-22 and BH-02-22 respectively. At this site the groundwater levels may also coincide with the level of Lake Erie, which was at a geodetic elevation of about 174.5 m at the time of this assessment. 4 Geotechnical Design Recommendations The following discussion is based on our interpretation of the factual data obtained during this investigation and is intended for the use of the design engineer only. Comments made regarding the construction aspects are provided only in as much as they may impact on design considerations. Contractors bidding on or undertaking any work at the site should examine the factual results of the investigation, satisfy themselves as to the adequacy of the information for construction and make their own interpretation of the factual data as it affects their proposed construction techniques, schedule, equipment capabilities, costs, sequencing and the like. It is currently proposed to remediate the existing lighthouse structure due to a structural issue that was identified during a recent investigation completed by others. It is our understanding that the client is looking for a geotechnical investigation to assess the subsurface soil and groundwater conditions at the site and based on gathered subsurface data, provide geotechnical recommendations relevant to the proposed structural renovations the existing lighthouse. 4.1 Preliminary Foundation Design Details regarding the existing foundation structure and the proposed loading conditions were not available at the time of this investigation. Based on communications with the client and information noted in local newspaper articles, it is understood that due to findings from a recent structural inspection, it was reveled that the existing lighthouse has some significant structural concerns. The structural issues are allegedly attributed to the deterioration (rot) of main support columns at each corner of the existing lighthouse that connect to the foundations. As a result, the lighthouse was deemed unsafe and was closed to the public. It is further understood that the adjacent section of Robinson Street has also been closed until temporary protective measures can be put in place. It is understood that temporary protection measures anticipated include the potential use of helical pier and guide wires to provide some temporary support. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 The following discussion is provided with the understanding that any and all buildings proposed fc ' Q- site will be designed in conformance to the current Ontario Building Code (OBC) or other regulato,, bodies within the jurisdiction. This section addresses the feasibility of constructing conventional spread and/or strip footings for new foundations that may be required during structural renovation of the existing lighthouse structure. In order to examine the existing foundation of the current lighthouse, it is recommended that a supplementary test pit investigation be performed. The supplementary test pit investigation should be performed adjacent to the existing structure to a depth required to examine the configuration, size and depth of the existing foundation system. To protect the integrity of the existing foundation, it is recommended that the test pits not extend below the existing underside elevations of the current foundations and that the test pits be completed after temporary protective measures are put in place. 4.1.1 Conventional Spread Footings in Undisturbed Soil In summary, the boreholes penetrated surficial topsoil and fill overlying an undisturbed silty clay till stratum. Based on the results of the boreholes, if a new foundation is deemed to be required, it is considered feasible to support the reconstruction of the existing lighthouse on conventionally designed spread and / or continuous strip footings bearing in the undisturbed silty clay till. Foundation excavations must fully penetrate all fill and any soft or loose surficial soil. Subject to field verification during construction, foundations at the site may be designed using the following values for the factored bearing resistance at Ultimate Limit States (ULS) and the bearing reaction at Serviceability Limit States (SLS) as shown in Table 3. Table 3: Recommended Footing Depths and Soil Bearing Capacities BH-01-22 BH-02-22 1.2 / 97.80 1.2 / 97.67 150 .150 225 225. Ground surface elevations at the borehole locations are based on the assumed 100 m elevation of Temporary Silty Clay Till Silty Clay Till chmark Some variability in the consistency and depth of the native undisturbed strata is expected. For this reason, it is important that all of the foundation excavations be inspected by Englobe to confirm that the surficial fill strata have been fully penetrated and to identify any preparatory work required prior to placing the footing concrete. Where deeper excavations are required, the footings should be lowered in a series of steps with maximum vertical increments of 0.6 m and with a rise to run ratio of 1:2. All footings in unheated areas must be provided with at least 1.2 metres of earth cover for frost protection or equivalent insulation. If construction proceeds during freezing weather conditions, adequate temporary frost protection for the footing bases and concrete must be provided. A minimum footing width of 450 mm is recommended for strip footings and a minimum footing width of 900 mm should be considered for spread footings. The total and differential settlement (short term and long term) of spread footings established on the competent bearing strata at the above design bearing pressures is expected to be less than 25 mm. The footing areas must be checked by a geotechnical engineer from Englobe to ensure that the soil conditions encountered at the time of construction are suitable to support the design pressure. Any disturbed soil identified during the inspection should be removed from the footing areas and replaced with concrete. GEOTECHNICAL ENGINEERING REPORT I Final Report r:nglobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 w 4 1 Foundation Underpinning (Provisional) No excavation for the underpinning can extend into the soil below the foundations for an existing adjacent structure without adequate alternative support being provided. The founding soil of adjacent footings is defined by a projected zone of influence of 10:7 (Horizontal to Vertical) from the base of the footing. It is unknown as to whether any excavation below this level is planned or required. Underpinning should only be carried out by a specialist contractor and under the direction of an experienced foreman. The sequence of the underpinning must be designed in such a way as to ensure that the foundation walls are effectively supported at all times. We offer the following supplementary comments with respect to the use of conventional concrete panels and helical piers underpinning techniques. 4.1.2.1 Conventional Concrete Panels Conventional underpinning will involve the excavation of trenches beneath the existing structure at short (1 to 1.5 m wide) intervals. Excavations made for the purpose of underpinning are usually shored so that the soil support of the adjacent sections of the foundation wall can be maintained. Formed and cast -in -place concrete panels provide permanent support to the foundation wall in the excavated sections. Construction proceeds in this manner until the concrete panels are contiguous. The concrete panels must bear on competent undisturbed native soil strata. A factored bearing resistance at Ultimate Limit States (ULS) of 225 kPa and a bearing reaction of 150 kPa at Serviceability Limit States (SLS) can be used for the design of concrete panels founded on the undisturbed silty clay till. The minimum panel width to be used in conjunction with the above bearing pressure should be 500 mm. 4.1.2.2 Helical Piers Helical piers are proprietary foundation systems and the supplier should confirm the feasibility of these systems and be involved in the final design of the various system elements (i.e., size, number and type, design capacity, spacing, etc.). Helical piles are advanced into the ground by rotation using relatively portable hydraulic equipment that can be mounted on backhoe or loader equipment. The pier is advanced until the specified torque is obtained, which effectively provides an empirical load test for each pier. The advantage of this foundation system is portability and relatively quick installation times. The depth of helical pier depends on the required torque and is confirmed in the field during installation. On this site, helical piers will have to develop resistance in the overburden stiff to very stiff silty clay. 4.2 Slope Stability Recommendations It is understood that the existing lighthouse structure location is adjacent to a nearby slope. At the time of report preparation, a slope cross -sectional profile and/or topographic survey were not available. Furthermore, a slope stability assessment was not requested as part of the geotechnical scope of the works requested for the proposed renovations. Due to the relative proximity to the existing slope, it is recommended that a slope stability assessment be performed to assess the stability of the existing slope. This is recommended to be completed once a slope profile and topographical survey as well as final proposed location and depths of any new foundations systems that may be required has been determined. Englobe would be happy to assist with this assessment and this is highly recommended to be completed prior to final design of the any new foundations systems that may be required. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 4.3 Site Classification for Seismic Site Response Under Ontario Regulation 88/19, the ministry amended Ontario's Building Code (O. Reg 332/12) to further harmonize Ontario's Building Code with the 2015 National Codes. These changes are intended to help reduce red tape for businesses and remove barriers to interprovincial trade throughout the country. The amendments are based on code change proposals the ministry consulted in 2016 and 2017. Most of the amendments came into effect on January 1, 2020, which includes structural sufficiency of buildings to withstand external forces and improve resilience. Seismic hazard is defined in the 2012 Ontario Building Code (OBC 2012) by uniform hazard spectra (UHS) at spectral coordinates of 0.2 s, 0.5 s, 1.0 s and 2.0 s and a probability of exceedance of 2% in 50 years. The OBC method uses a site classification system defined by the average soil/bedrock properties (e.g., shear wave velocity (vs), Standard Penetration Test (SPT) resistance, and undrained shear strength (su)) in the top 30 meters of the site stratigraphy below the foundation level, as set out in Table 4.1.8.4A of the Ontario Building Code (2012). There are 6 site classes from A to F, decreasing in ground stiffness from A, hard rock, to E, soft soil; with site class F used to denote problematic soils (e.g., sites underlain by thick peat deposits and/or liquefiable soils). The site class is then used to obtain peak ground acceleration (PGA), peak ground velocity (PGV) site coefficients Fa and Fv, respectively, used to modify the UHS to account for the effects of site -specific soil conditions. Based on the above noted information, it is recommended that the site designation for seismic analysis be 'Site Class D', as per Table 4.1.8.4.A of the Ontario Building Code (2012). The values of the site coefficient for design spectral acceleration at period T, F(T), and of similar coefficients F(PGA) and F(PGV) shall conform to Tables 4.1.8.4.B. to 4.1.8.4.1 of the OBC 2012, as amended January 1, 2020, using linear interpolation for intermediate values of PGA. 4.4 Excavations and Dewatering The most common and cost-effective construction method is normally an open -cut excavation based on the borehole information. Groundwater seepage is not expected within excavation for foundations or services at conventional depth. Temporary excavations to conventional depths for installation of underground pipes at this site must comply with the Ontario Occupational Health and Safety Act and Regulations for Construction Projects. As per the OHSA, the soil at this site may be classified as shown in the Table 4 below. Table 4: Soil Classification for Excavations Fill Materials (if encountered) Type 3 Type 4 Native Silty Clay Till Type 2 Type 3 Where workers must enter a trench or excavation the soil must be suitably sloped and/or braced in accordance with the regulation requirements. The regulation stipulates safe excavation slopes by soil type as Table 5. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 7 L 1 { 5: Safe Excavation Slope Based on Soil Type (Ontario Regulation 213/91 Occupational Health and Safety Act (OHSA)) 1 Within 1.2 metres of bottom of trench 1 1 horizontal to 1 vertical 2 Within 1.2 metres of bottom of trench .a I From bottom of trench 1 horizontal to 1 vertical 1 horizontal to 1 vertical 4 1 From bottom of trench 3 horizontal to 1 vertical Trench liner boxes shall not be used within Type 4 soil. Approved trench liner boxes may be used within Type 3 soil to protect personnel and allow for excavation side slopes steeper than 1 horizontal to 1 vertical below the top of the trench box walls. Type 4 soil on this site must be adequately braced and/or dewatered to be classified as Type 3 soil prior to excavating below the groundwater table. Where space limitations (from utility poles, existing underground services, or buildings) do not permit overburden cut slopes at inclinations specified above, a steeper cut slope can be employed if a trench liner box is used (within Type 3 soils) to protect workers. Trench box liners could also be used to minimize the size of the excavation for installation of the underground services therefore minimizing the excess soil which is removed from the site. Some ground movement adjacent to the trench is to be expected if this option is used. Where Type 4 soil is not present, approved trench liner boxes may be used to protect personnel and allow for excavation side slopes steeper than those recommended above. Where permissible under the OHSA, contractors often elect to utilize trench boxes for temporary trench support. While in many situations, the use of trench boxes can result in a high rate of productivity in trenching, it is not without some technical drawbacks. These include: — Increased loss of ground relative to many other shoring methods; and, — Reduced ability to compact backfill between the trench wall and trench box. Ground loss, ravelling and/or loosening of soils will occur when using a trench box prior to its installation and while moving the box, particularly in pre-existing fill which is present at this site. It is important that the trench not be over -excavated to ensure a tight fit between the box and the trench walls. Trench boxes need to be installed expediently. When moving the box, the void space between its outer walls and the trench must be backfilled and compacted. This may require raising the box sequentially prior to sliding it laterally. If this is not done, post -construction settlements will occur along the trench walls. In areas where the proposed utility pipe encroaches existing utility trenches or backfill to structures, unstable trench conditions can occur, particularly where granular backfill, clear stone, or poorly compacted fill of any type are present. In such cases, ravelling of the pre-existing fill and high rates of water infiltration through utility bedding can potentially occur which can, in severe cases, put the stability of adjacent utilities in jeopardy. As such, a higher standard of care in shoring is needed where the pipe trenches are located closer than 0.75H to an adjacent trench, where H is the depth of the deeper cut. The use of trench boxes is poorly suited in this instance, since they do not provide adequate lateral support to the sides of the cut and considerable loss of ground can occur prior to insertion of the box. Closed sheeting or other pre -installed shoring measures are more suitable. Every prefabricated hydraulic or engineered support system shall be designed by a professional engineer and shall be constructed, installed, used and maintained in accordance with its design drawings and specifications (O.Reg. 213/91, s. 236). GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 The trench side slopes should be regularly inspected for evidence of instability following periods' heavy rainfall, following periods of thawing, or when the trench has been left open for an extender period of time. Appropriate remedial action should be taken to ensure the continued stability of the slopes. It is anticipated that existing utility conduits, municipal services and/or gas lines will be exposed in the trenches for the new services. To ensure stability, the pipes should be properly supported in the vicinity of the excavation, and in accordance with the specific requirements of the utility provider. Englobe can provide supplementary recommendations for pipe support at specific locations if required. Precautions concerning services should be as per O.Reg. 213/91, s. 228 Adequate groundwater control will be necessary to properly bed the pipes and to ensure that foundation bearing strata are not disturbed prior to the placement of footing concrete. The design of a groundwater control system or dewatering system will depend on various site -specific parameters including soil permeability, subsurface stratigraphy, the size of the work area and depth of the groundwater table. A typical dewatering system includes pumping from sumps located at the base of excavation. 4.5 Lateral Earth Pressures Structures subject to unbalanced earth pressures such as, shoring systems, and other similar structures must be designed to resist lateral earth and hydraulic pressures. Based on the subsurface conditions encountered, the soil parameters provided in the following Table 6 may be used to calculate lateral earth pressures: Table 6: Lateral Earth Pressures Fill material 19 27 0.33 0.50 3.03 Nallve -Silly Clay 20 28 0.36 0.53 2.77 Till Where lateral wall movements are to be resisted, the coefficient of lateral earth pressure at rest Ko should be used. For the design of shoring system, the groundwater level should be assumed at the ground surface in the design of shoring systems and other design purposes. 4.6 Backfilling and Reuse of Excavated material Backfilling of trenches and excavations can be accomplished by reusing the excavated soils or similar fill material or imported granular soil, provided the moisture content of the material is maintained within ±2 percent of optimum and the fill is free of topsoil, organics and any deleterious material. The lift thickness of fill placed in excavated trenches should not exceeding 200 mm and compacted to not less than 98 percent of its Standard Proctor Maximum Dry Density (SPMDD). The soils encountered at the Site may be geotechnically suitable for reuse as backfill to raise site grades (where required) or to be used as trench backfill provided the soil is free of organic material and is within the optimum moisture content. The native soils above the groundwater level are likely to be near their optimum water content for compaction, whereas those below the groundwater level will likely be wet and well above their optimum water content for compaction. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe i 04-02211081.000-0100-GS-R-0001-00 i February 20, 2023 $ D, ,) the high percentage of silt within the native silty clay soil deposits at this Site, the soils are se. Jve to small changes in moisture content and thus may be difficult to compact, unless they are allowed to dry to around their optimum moisture content (which may require significant time). Therefore, if the soils are to be reused as a structural fill, it should be anticipated that reworking of the materials will be necessary to facilitate compaction through drying or slight wetting and use of heavy dynamic roller compactors. Re -compaction of the native fine-grained soils to an adequate density will be possible only if the natural moisture contents are within ±2% of the optimum moisture content of the materials. Control of moisture content during placement and compaction will also be essential for maintaining adequate compaction. If any materials are found to be wet, they may be left aside to dry, or mixed with drier material that is to be used as backfill. All backfill materials should be placed in thin layers (200 mm thick or less) and compacted by a heavy smooth -type roller to 98 percent SPMDD. All backfill operations and materials should be inspected and tested by qualified geotechnical personnel to confirm that proper material is utilized, and that adequate compaction is attained. 4.7 Depth of Frost Penetration The design frost penetration depth for the general area is 1.2 m. Therefore, a permanent soil cover of 1.2 m or its thermal equivalent insulation is required for frost protection of foundations. All exterior footings, footings beneath unheated areas and foundations exposed to freezing temperatures should have at least such earth cover or equivalent synthetic insulation for frost protection. During winter construction exposed surfaces to support foundations must be protected against freezing by means of loose straw and tarpaulins, heating, etc. For buried utility lines, variations from the above noted depth of frost penetration might be considered, depending on various factors such as the type of backfilling materials or the temperature and moisture exposure of the area (prevailing winds, drifting snow, etc.). However, these variations do not generally represent a concern unless special equipment and/or buried utilities have specific requirements regarding the subsurface temperature and moisture regime (i.e., water lines or sensitive electrical utilities etc.). In such special situations further tests and analysis should be conducted on a case -by - case basis. 4.8 Site Work The soil at this site is generally fine-grained and will become weakened when subjected to traffic when wet. If there is site work carried out during periods of wet weather, then it can be expected that the subgrade will be disturbed unless an adequate granular working surface is provided to protect the integrity of the subgrade soils from construction traffic. Subgrade preparation works cannot be adequately accomplished during wet weather and the project must be scheduled accordingly. The disturbance caused by the traffic can result in the removal of disturbed soil and use of fill material for site restoration or underfloor fill that is not intrinsic to the project requirements. Attempting to build slabs and pavements at this site during wet weather could significantly increase earthworks and pavement costs. If construction proceeds during freezing weather conditions, adequate temporary frost protection for the founding subgrade and concrete must be provided. The soil at this site is highly susceptible to frost damage. Consideration must be given to frost effects, such as heave or softening, on exposed soil surfaces in the context of this particular project development. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 4.9 Quality Control All aspects of the engineered fill construction must be verified by the geotechnical engineer including the final excavation, proof -rolling of the native subgrade, fill selection, placement, and compaction. Insitu density testing should be carried out during construction to confirm that each lift has been compacted to the specified degree. Source acceptance testing of materials imported for use as engineered fill must be carried out prior to importation to the site. The foundation construction must be field reviewed by the geotechnical engineer to confirm that the founding soil exposed is consistent with the intended design bearing resistance. The on -site review of the condition of the foundation soil as the foundations are constructed is an integral part of the geotechnical design function and is required by Section 4.2.2.2 of the Ontario Building Code 2012. The long-term performance of floor slabs is highly dependent upon the subgrade support conditions. Stringent construction control procedures should be maintained to ensure that uniform subgrade moisture and density conditions are achieved as much as practically possible. The design advice in this report is based on an assessment of the subgrade support capabilities as indicated by the boreholes. The requirements for fill placement on this project have been stipulated relative to standard Proctor maximum dry density. In situ determinations of density during fill placement on site are required to demonstrate that the specified placement density is achieved. During the placement of concrete at the construction site, testing should be performed to determine the slump and air content of the concrete, and concrete cylinders should be cast for every 100 m3 of concrete or daily, whichever is greater. Compressive strength to be tested in accordance with the requirements of CSA A23.1 and A23.2. Field sampling and testing of concrete shall be according to OPSS 1350 MUNI. 5 Statement of Limitations The geotechnical recommendations provided in this report are applicable only to the project described in the text and then only if constructed substantially in accordance with the details stated in this report. Since all details of the design may not be known at the time of report preparation, we recommend that we be retained during the final design stage to verify that the geotechnical recommendations have been correctly interpreted in the design. Also, if any further clarification and/or elaboration are needed concerning the geotechnical aspects of the project, Englobe should be contacted. We recommend that we be retained during construction to confirm that the subsurface conditions do not deviate materially from those encountered in the test holes and to ensure that our recommendations are properly understood. Quality assurance testing and inspection services during construction are a necessary part of the evaluation of the subsurface conditions. The geotechnical recommendations provided in this report are intended for the use of the Client or its agent and may not be used by a Third Party without the expressed written consent of Englobe and the Client. They are not intended as specifications or instructions to contractors. Any use which a contractor makes of this report, or decisions made based on it, are the responsibility of the contractor. The contractor must also accept the responsibility for means and methods of construction, seek additional information if required, and draw their own conclusions as to how the subsurface conditions may affect their work. Englobe accepts no responsibility and denies any liability whatsoever for any damages arising from improper or unauthorized use of the report or parts thereof. GEOTECHNICAL ENGINEERING REPORT I Final Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 It. ild be noted that the soil boundaries indicated on the borehole logs are inferred from n6 intinuous sampling and observations during drilling and should not be interpreted as exact planes of geological change. These boundaries are intended to reflect approximate transition zones for the purpose of geotechnical design. Also, the subsoil and groundwater conditions have been determined at the borehole locations only. It is further noted that, depending on the time of year the field work was completed, water levels should be expected to vary, perhaps significantly from those observed at the time of this investigation. It is important to note that the geotechnical assessment involves a limited sampling of the site gathered at specific test hole locations and the conclusions in this report are based on this information gathered and in accordance with normally accepted practices. The subsurface geotechnical, hydrogeological, environmental and geologic conditions between and beyond the test holes will differ from those encountered at the test holes. Also, such conditions are not uniform and can vary over time. Should subsurface conditions be encountered which differ materially from those indicated at the test holes, we request that we be notified in order to assess the additional information and determine whether or not changes should be made as a result of the conditions. Englobe will not be responsible to any party for damages incurred as a result of failing to notify Englobe that differing site or subsurface conditions are present upon becoming aware of such conditions. The professional services provided for this project include only the geotechnical aspects of the subsurface conditions at the site, unless otherwise stated specifically in the report. The recommendations and opinions given in this report are based on our professional judgment and are for the guidance of the Client or its Agent in the design of the specific project. No other warranties or guarantees, expressed or implied, are made. The Englobe recommendations are contingent upon provision of a consistently competent, stable subgrade, which is properly drained and free of soft spots and objectionable materials such as organics. All construction works should only be completed during periods of favourable weather. The need for continuous construction supervision by a qualified, experienced technician, and quality control testing during construction projects cannot be over -emphasized. All materials and construction services required should be in accordance with Ontario Provincial Standard Specifications. GEOTECHNICAL ENGINEERING REPORT I Einal Report Englobe 104-02211081.000-0100-GS-R-0001-00 I February 20, 2023 12 • Appendix A Drawings Drawing 1: Location Plan Drawing 2: Site Plan I L� } Key Plan N.T� SITE* A. A^ e + lie �t +.4 'rl.iY --NN �}�17�� .nnt"", 51'" 1 Wr++ ee �yy i M rr. j knrrl tis 2YIxn�Yh'.brrfl t I �-WdICr1065f/PPI b. 54 LI"I 11Yvt•'I � I dLCy%R1rP (lisp C Friilr..l# fh 511.n `r' A SITE"rp ( �{ &:flk ulYM wix14 �IIM r I lip NOTES; 1-REFERENCE: © OpenStreetMap contributors (2022). 2-Drawing scale may be distorted due to file conversion and/or copying. Measurements taken from the drawing must be verified in the field. Fmjm Lighthouse, Port Burwell 17 Robinson St. Port Bunnell, Ontario [ xle LOCATION PLAN 0 14Ct 200 300 400 500 m JIJHLC 1. 1 UUUU 12-6UMeg Drina London (Ontario) N6E3T6Englobe I1rh:}IPjfflow F!t3f43 P ajwrt�� nmjjLT vffa-n3 kslowut Dlxipllm GEOTEE iWWAL OfiL A A WEA SLmk t L 110 vm � Ftxs lg pp Yojanfc Ilu. F C7.V-k" uf*h►i� Dale 'I'Mz 01002 M. dept. Project 04 02211081.000.0100.0100 Disc. �GE Dwg no. 001 Rev. 00 3 � § , Qp . E S � LO w - < 0 £� ) o . o / O % § W }�In 0 0 2 0 \o 9 0 LU o 0 0 0 _ ° Co ui - ■ ■ f § q Rqq \\\ @ � � 0 } � � } M � 0 ) J_- - � J $ 2 IL 2 0 r « Q 0 § 0 _ w 0 m E ry § & {$ } / -\f{% o / §§\�\k/ P o (§oE-02 \ ƒ § \§Of -on Of 5 m og<E7.> Z020 0)/ i k 0 §°oa=±7 § 0 § fk32 »S2 m E o c o u e /* E a= � CL>- §\// /C\ ) \ / /i±0220 LL § /±/2§§§E § 2 kƒ\\\%§/ i Appendix B Borehole Logs List of Abbreviations Boreholes BH-01-22 to BH-02-22 eNGLOBe List of Abbreviations The abbreviations commonly employed on the borehole logs, on the figures, and in the text of the report, are as follows: Sample Types Soil Test and Properties AS Auger Sample SPT Standard Penetration Test CS Core Sample UC Unconfined Compression RC Rock Core FV Field Vane Test SS Split Spoon Angle of internal friction TW Thinwall Open Unit weight WS Wash Sample o Plastic Limit BS Bulk Sam le W Water content GS Grab Sam le WL Liquid Limit WC Water Content Sample lL Liquidity Index TP Thinwall, Piston I Plastic Index PP Pocket Penetrometer Penetration Resistances Dynamic The number of blows by a 63.5 kg (140 lb.) hammer dropped Penetration 760 mm (30 in.) required to drive a 50 mm (2 in.) diameter 60' Resistance cone a distance 300 mm (12 in.). The cone is attached to 'A' size drill rods and casing is not used. Standard The number of blows by a 63.5 kg (140 lb.) hammer dropped Penetration 760 mm (30 in.) required to drive a standard split spoon sampler Resistance, N 300 mm (12 in.) (ASTM D 1586) WH Sampler advanced by weight of hammer PH Sampler advanced by hydraulic pressure PM Sampler advanced by manual pressure Soil Description Cohesionless Soils SPT N-Value Relative Density (D,) Compactness Condition (blows per 0.3 m) N Very Loose 0 to 4 0 to 20 Loose 4 to 10 20 to 40 Compact 10 to 30 40 to 60 Dense 30 to 50 60 to 80 Very Dense Over 50 80 to 100 Cohesive Soils Undrained Shear Strength (c„ ) Consistency kPa psf Very Soft Less than 12 Less than 250 Soft 12 to 25 250 to 500 Firm 25 to 50 500 to 1000 Stiff 50 to 100 1000 to 2000 Very Stiff 100 to 200 2000 to 4000 Hard over 200 over 4000 DTPL Drier than plastic limit Low Plasticity, A <30 APL About plastic limit Medium Plasticity, 30<Wi <50 WTPL Wetter than plastic limit High Plasticity, W, >50 I Englobe 12 - 60 Meg Drive, London, ON, WE 3T6 REF. NO.: 022111081.000.0100.0101 LOG OF BOREHOLE NO. CLIENT: MUNICIPALITY OF BAYHAM PROJECT: Lighthouse, Port Burwell 01-22 LOCATION: 17 Robinson St. Port Burwell DATUM ELEVATION:Top Spindle of Fire Hydrant, 100.00 y SUBSURFACE PROFILE y r y O Z W W v d DESCRIPTION m =O t- z WE E 99.00 4 230 mm TOPSOIL Dark brown, silty sandy topsoil. FILL: Compact, brown, sandy silt, moist, SILTY CLAY TILL; Stiff, mottled brown, 98 1 silty clay, trace sand, DTPL 97 A__PL-------_------_-- 8 — — — — — — — — — — — — — — — WTPL. 05 d 94 5 93 6 M ------------------ Very stiff to stiff, grey, silt seams, APL. n N H ry y i Q 0 I Y F- Q 'a o� B z z ro 0 N N O W 9 9.m 9 Borehole Terminated. � a � v}i 0 3 z CONSULTING SOILS AND MATERIALS ENGINEERS Phone:519-685-6400 Fax:519-685-0943 Encl. No. 1 (Sheet 1 of 1) DRILLING DATA: Diedrich D 50-T METHOD: Hollow Stem Auger DIAMETER: 83 mm DATE: Dec 6, 2022 Undrained Shear Strength kPa QNQ LU F C ♦ Field Vane Test * Compression Test a -J a a 3 — z J 20 44 60 rU z r 175 .150 160 126 17 22 I 20 MEN m OEM MEN 1 INS Englobe CONSULTING SOILS AND MATERIALS ENGINEERS 12 - 60 Meg Drive, London, ON, WE 3T6 Phone: 519-685-6400 Fax 385-0943 REF. NO.: 022111081.000.0100.0101 LOG OF BOREHOLE NO. Encl. No. 2 (Sheet 1 of 1) CLIENT: MUNICIPALITY OF BAYHAM DRILLING DATA: Diedrich D 50-T PROJECT: Lighthouse, Port Burwell 02-22 METHOD: Hollow Stem Auger LOCATION: 17 Robinson St. Port Burwell DIAMETER: 83 mm DATUM ELEVATION:Top Spindle of Fire Hydrant, 100.00 DATE: Dec 6, 2022 SUBSURFACE PROFILE • Penetration Resistance Blows/ t J O G_ 4O 44 ep IT o O o d y y y DESCRIPTION m j w O Q m ILL! - w ? o Undralned Shear Strength kPa V) ♦ Field Vane Test it Compression Test g J Q Q d W E m E 3 z m 20 44 80 g0 a z 3 I 98.87 98- �:rs N- B5- 94 -A CV 0 " 1 2— 3- ra FILL Loose, brown sand, trace silt and gravel. — — — — Sandy silt, some gravel, moist. 1 55 10 .... "'"""' '"' " — 200 204 200 175 125 17 is 21 22 22 22 21 20 I I I I 1 SILTY CLAY TILL: Stiff, to very stiff, brown, silty clay, trace sand. DTPL to APL. Firm to stiff, grey, silt seams, WTPL. 2 so 11 .. jr 3 89 12 . ..... 4 sa 1e 5 sa 11 ,a•.. F, 77 7 ss 19 8 ss 12 Borehole Terminated. Hole dry and open at completion. L. r englobecorp.com Port Burwell Lighthouse — Temporary Stabilization 'unicipality of Bayham / Robinson Street, Port Burwell, ON. PART 1 - GENERAL 1.1 CASH ALLOWANCES FOR SERVICES ALLOWANCES- Section 01 21 00 RFQ 23-01 / Project: 2238 Page 1 of 1 1 Amount of each cash allowance includes: I All costs related to the services, excluding Value Added Taxes. .2 Subcontractor's and sub -Subcontractor's overheads and profits related to the cash allowance. ,2 Amount of each cash allowance does not include Contractor's overhead and profit, and other related costs, which shall be included in the Contract Price and not in the cash allowance. .3 Allow the stipulated sum of L5 0.00 for Material Testing and Inspection services. 1.2 EXPENDITURE OF CASH ALLOWANCES .1 Owner, through Consultant, will provide Contractorwith documentation required to permit pricing of a cash allowance item. .2 Owner, through Consultant, may request Contractor to identify potential Suppliers or Subcontractors, as applicable, and to obtain at least three competitive prices for each cash allowance item. .3 Owner, through Consultant, may request the Contractor to disclose originals of all bids, quotations, and other price related information received from potential Suppliers or Subcontractors. .4 Owner, through Consultant, will determine by whom and for what amount each cash allowance item will be performed. Obtain Owner's prior written approval in the form of a Change Order before entering into a subcontract, amending an existing subcontract, or performing own forces work included in a cash allowance. Upon issuance of the Change Order, the Contractor's responsibilities for a cash allowance item shall be the same as for other work of the Contract. END OF SECTION a+LINK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary 'tabilization ,unicipality of Bayham 17 Robinson Street, Port Burwell, ON CONTRACT MODIFICATION PROCEDURES - Section 01 26 00 1.1 METHOD OF CONTRACT PRICE ADJUSTMENT - CHANGE ORDERS RFQ 23-01 / Project: 2238 Page 1 of 3 Unless otherwise agreed, the adjustment of the Contract Price on account of a proposed change in the Work shall be based on a quotation for a fixed price increase or decrease to the Contract Price regardless of the Contractor's actual expenditures and savings. Unless otherwise agreed, the adjustment of Unit Prices affected by a proposed change in the Work shall be based on a quotation for an increase or decrease to existing Unit Prices, or new Unit Prices, as applicable, regardless of the Contractor's actual expenditures and savings. 1.2 CHANGE ORDER PROCEDURES Upon issuance by the Consultant to the Contractor of a proposed change in the Work, and unless otherwise requested in the proposed change or unless otherwise agreed: I Submit to the Consultant a fixed price quotation for the proposed change in the Work within 5 [Five] days after receipt of the proposed change in the Work. .2 If requested in the proposed change, provide a detailed breakdown of the price quotation including the following to the extent applicable, with appropriate supporting documentation: 1 Estimated labour costs, including hours and applicable hourly rates based on the accepted schedule of labour rates. .2 Estimated Product costs, including Supplier quotations, estimated quantities and unit prices. ,3 Estimated Construction Equipment costs. .4 Enumeration of all other estimated costs included in the price quotation. .5 Estimated credit amounts for labour and Products not required on account of the proposed change. A Fees, not exceeding the applicable percentages for overhead and profit as specified in this Section. Where applicable, Subcontractor quotations, also including a detailed breakdown of all of the above. ? Include in the quotation the increase or decrease to the Contract Time, if any, for the proposed change, stated in number of days. ..4 Include in the quotation the number of days for which the quotation is valid. ..5 The quotation will be evaluated by the Consultant and the Owner and, if accepted by the Owner, be documented in the form of a signed Change Order. 1-ems FEES FOR OVERHEAD AND PROFIT —CHANGE ORDERS 1 Where the Contractor's price quotation for a Change Order results in a net increase to the Contract Price, the Contractor's entitlement to a fee for overhead and profit in the quotation shall be as follows, as applicable: 2 For work to be performed by the Contractor's own forces, [10]% of the Contractor's price quotation before the Contractor's fee is applied. For work to be performed by a Subcontractor, [ 5 ]% of the Subcontractor's price quotation including the Subcontractor's fee. a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary CONTRACT MODIFICATION PROCEDURES - Section 01 26 00 Stabilization Municipality of Bayham RFQ 23-01 / Project: 223b 17 Robinson Street, Port Burwell, ON Page 2 of 3 .4 Where a Subcontractor's price quotation for a Change Order results in a net increase to the Subcontractor's contract price, the Subcontractor's entitlement to a fee for overhead and profit in the quotation shall be as follows, as applicable: _5 For work to be performed by the Subcontractor's own forces, [ 10 ]% of the Subcontractor's price quotation before the Subcontractor's fee is applied. _6 For work to be performed by a sub -Subcontractor, [ 5 ]% of the sub -Subcontractor's price quotation including the sub -Subcontractor's fee. .7 Where the Contractor's or a Subcontractor's price quotation for a Change Order results in a net decrease in price before adjustment for fees for overhead and profit, such a price quotation shall be for the net decrease without any adjustment for fees for overhead and profit. 1.4 METHOD OF CONTRACT PRICE ADJUSTMENT - CHANGE DIRECTIVES .1 Unless the Owner and the Contractor reach an earlier agreement on the adjustment to the Contract Price by means of a Change Order that cancels the Change Directive, the adjustment in the Contract Price for change carried out by way of a Change Directive shall be determined as specified in the General Conditions of Contract after the change in the Work is completed. 1.5 CHANGE DIRECTIVE PROCEDURES .1 If a Change Directive is issued for a change in the Work for which a proposed change was previously issued, but no Change Order has yet been signed, the Change Directive shall cancel the proposed change and any Contractor quotations related to that change in the Work. .2 When proceeding with a change in the Work under a Change Directive, keep accurate records of daily time sheets for labour and Construction Equipment, and invoices for Product and Construction Equipment costs. Submit such records to the Consultant [daily], until the Change Order superseding the Change Directive is issued. 1.B FEES FOR OVERHEAD AND PROFIT —CHANGE DIRECTIVES .1 The Contractor's entitlement to a fee for overhead and profit on the Contractor's expenditures and savings attributable to a Change Directive shall be as follows, as applicable: .2 For work performed by the Contractor's own forces, [ 10 ]% of the Contractor's net increase in costs. .3 For work performed by a Subcontractor, [ 5 ]% of the sum of the Subcontractor's net increase in costs plus the Subcontractor's fee. .4 A Subcontractor's entitlement to a fee for overhead and profit on the Subcontractor's expenditures and savings attributable to a Change Directive shall be as follows, as applicable: .5 For work performed by the Subcontractor's own forces, f 10 ]% of the Subcontractor's net increase in costs. .6 For work performed by a Sub -subcontractor, [ 5 ]% of the sum of the Sub -subcontractor's net increase in costs plus the Sub -subcontractor's fee. .7 Where a Change Directive results in net savings on account of work not required to be performed and a net decrease in the Contractor's or Subcontractor's cost, the net savings to the Contractor or Subcontractor shall be calculated without any adjustment for fees for overhead and profit. a+LINK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary CONTRACT MODIFICATION PROCEDURES - Section 01 26 00 'tabilization .unicipality of Bayham RFQ 23-01 1 Project: 2238 17 Robinson Street, Port Burwell, ON Page 3 of 3 .8 When a Change Directive is ultimately recorded as a Change Order, there shall be no additional entitlement to fees for overhead and profit beyond those specified in this article. 1.7 SUPPLEMENTAL INSTRUCTIONS l The Consultant may issue Supplemental Instructions to provide clarifications to the Contract Documents, provide additional information, or make minor variations in the Work not involving adjustment in the Contract Price or Contract Time. 2 If the Contractor considers a Supplemental Instruction to require an adjustment in Contract Price or Contract Time, the Contractor shall promptly notify the Consultant and the Owner in writing and shall not proceed with any work related to the Supplemental Instruction pending receipt of a Change Order, a Change Directive, or, in accordance with the dispute resolution provisions of the General Conditions of Contract, a Notice in Writing of a dispute and instructions to proceed. END OF SECTION a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization 'unicipality of Bayham / Robinson Street, Port Burwell, ON. PART 1 - GENERAL 1.1 1.2 REFERENCE STANDARDS QUALITY REQUIREMENTS - Section 01 40 00 RFQ 23-01 / Project: 2238 Page 1 of 2 "Reference standards" means consensus standards, trade association standards, guides, and other publications expressly referenced in Contract Documents. .2 Where an edition or version date is not specified, referenced standards shall be deemed to be the latest edition or revision issued by the publisher at the time of bid closing. However if a particular edition or revision date of a specified standard is referee :cc:d 11 i air :applicable code or other regulatory requirement, the regulatory referenced edition or version shall apply. ,3 Reference standards establish minimum requirements. If Contract Documents call for requirements that differ from a referenced standard, the more stringent requirements shall govern. 4 If compliance with two or more reference standards is specified and the standards establish different or conflicting requirements, comply with the most stringent requirement. Refer uncertainties to Consultant for clarification. ,5 Within the Specifications, reference may be made to the Following standards writing, testing, or certification organizations by their acronyms or initialisms: .1 AISC - American Institute of Steel Construction .2 ANSI - American National Standards Institute .3 ASTM - American Society for Testing and Materials ,4 AWPA - American Wire Producers Association .5 CaGBC - Canadian Green Building Council .6 CGSB - Canadian General Standards Board .7 CISC - Canadian Institute of Steel Construction .S CSA - Canadian Standards Association ,9 CSSBI - Canadian Sheet Steel Building Institute .10 CWB — Canadian Welding Bureau .1 1 GBI — Green Building Institute (GreenGlobes) .12 LEED - Leadership in Energy and Environmental Design .13 MPP — Master Painters Institute .14 NFPA - National Fire Protection Association .15 NHLA - National Hardwood Lumber Association .16 NLGA - National Lumber Grades Authority .17 SSPC — The Society for Protective Coatings ,18 ULC - Underwriters' Laboratories of Canada INDEPENDENT INSPECTION AND TESTING AGENCIES Except as otherwise specified, Owner will retain and pay for independent inspection and testing agencies to inspect, test, or perform other quality control reviews of parts of the Work. ,2 Retain and pay for inspection and testing that is for Contractor's own quality control or is required by regulatory requirements. .3 Section 01 21 00 — Allowances specifies a cash allowance for independent inspection and testing services to be retained and paid for by Contractor. Cash allowance excludes any inspection and testing that is for Contractor's own quality control or is required by regulatory requirements. The cost a+LiNK Architecture Inc. www.alinkarch ca Port Burwell Lighthouse — Temporary Stabilization QUALITY REQUIREMENTS - Section 01 40 00 Municipality of Bayham RFQ 23-01 / Project: 2` 17 Robinson Street, Port Burwell, ON. _ _ Page 2 for retesting as a result of a test that fails to meet the specified performance requirements will be paid by the contractor not the Cash Allowance. 4 Employment of inspection and testing agencies by Contractor or Owner does not relieve Contractor from responsibility to perform the Work in accordance with Contract Documents. Allow and arrange for inspection and testing agencies to have access to the Work, including access to off site manufacturing and fabrication plants. 6 For inspection and testing required by Contract Documents or by authorities having jurisdiction, provide Consultant and inspection and testing agencies with timely notification in advance of required inspection and testing. .7 Submit test samples required for testing. .8 Provide labour, Construction Equipment and temporary facilities to obtain and handle test samples on site. 1.3 INSPECTION AND TESTING AGENCY REPORTS For inspection and testing required by Contract Documents or by regulatory requirements, and performed by Contractor retained inspection and testing agencies, submit to Consultant and Owner copies of reports. Submit within 1 days after completion of inspection and testing. For inspection and testing performed by Owner retained inspection and testing agencies, copies of inspection and testing agency reports will be provided to Contractor. 4 MOCK-UPS 1 Prepare mock-ups of Work as specified in the technical Specifications. If a mock-up location is not indicated in the Drawings or Specifications, locate where directed by Consultant. .2 Modify mock-up as required until Consultant approval is obtained. ,3 Approved mock-ups establish an acceptable standard for the Work. .4 Protect mock-ups from damage until the Work they represent is complete. .5 Unless otherwise specified in the technical Specifications, approved mock-ups forming part of the Work may remain as part of the Work. Remove mock-ups only when the Work they represent is complete or when otherwise directed by Consultant. END OF SECTION a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization TEMPORARY UTILITIES - Section 01 51 00 'unicipality of Bayham RFQ 23-01 / Project: 2238 I Robinson Street, Port Burwell, ON. Page 1 of 1 PART 1 - GENERAL 1.1 TEMPORARY UTILITIES - GENERAL 1 Provide temporary utilities as specified and as otherwise necessary to perform the Work expeditiously. 2 Remove temporary utilities after use. 1.2 TEMPORARY WATER SUPPLY l The site does not currently have any water service. The contractor to arrange and pay for a temporary supply of water required during construction. 1.3 TEMPORARY ELECTRICAL POWER AND LIGHTING 1 Connect to and use Owner's existing electrical supply for temporary use during construction. Usage at no cost to Contractor. Arrange and pay for necessary connections and disconnections of temporary power and lighting in accordance with regulatory requirements. END OF SECTION a+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization lunicipality of Bayham t Robinson Street, Port Burwell, ON. PART 1 - GENERAL 1 CONTRUCTION FACILITIES - GENERAL CONSTRUCTION FACILITIES - Section 01 52 00 RFQ 23-01 / Project: 2238 Page 1 of 1 1 Provide temporary construction facilities as necessary for performance of the Work and in compliance with applicable regulatory requirements. ..2 Maintain temporary construction facilities in good condition for the duration of the Work. .3 Remove temporary construction facilities from Place of the Work when no longer required. 1.2 CONSTRUCTION PARKING & SITE STORAGE 1 Limited parking is available at Place of the Work. Additional parking in the adjacent municipal parking lot may be available for contractors use provided Contractor assumes responsibility for any damage caused by construction traffic. 2 A "Seacan" storage container for the storage of onsite materials and equipment will be permitted at Place of the Work provided Contractor assumes responsibility for any damage caused by construction traffic. 1.3 VEHICULAR ACCESS 1 Provide and maintain adequate access to Place of the Work. .2 Existing roads at Place of the Work may be used for access to Place of the Work, provided Contractor assumes responsibility for any damage caused by construction traffic, and prevents or promptly cleans up any mud tracking or material spillage. i 4 SANITARY FACILITIES 1 Provide sanitary facilities for workers. 2 Keep sanitary facilities clean and fully stocked with the necessary supplies. 'I.:) FIRE PROTECTION 1 Provide and maintain temporary fire protection systems and equipment during construction. END OF SECTION a*LINK Architecture Inc. www.alinkarch.ca I Port Burwell Lighthouse — Temporary TEMP BARRIERS AND ENCLOSURES - Section 01 56 00 'tabilization ,unicipality of Bayham RFQ 23-01 / Project: 2238 17 Robinson Street, Port Burwell, ON. Page 1 of 1 PART 1 -GENERAL 1.1 BARRIERS AND ENCLOSURES - GENERAL .1 Provide temporary barriers and enclosures necessary to protect the public and to secure Place of the Work during performance of the Work. .2 Comply with applicable regulatory requirements. .3 Maintain temporary barriers and enclosures in good condition for the duration of the Work. .4 Remove temporary barriers and enclosures from Place of the Work when no longer required. 1.2 FENCING 1 Temporary safety site fencing is installed at the Place of the Work. The contractor is to review and confirm the adequacy of the existing fence to applicable regulatory requirements. If the existing fence is determined to be inadequate then the contractor is to provide new fencing subject to applicable regulatory requirements. The cost of the fencing is to be included in the bid price. .2 Provide lockable access gates as required to facilitate construction access. 1,3 FIRE ROUTES 1 Maintain fire access routes, including overhead clearances, for use by emergency response vehicles. 1,4 PROTECTION OF BUILDING FINISHES .1 Provide necessary temporary barriers and enclosures to protect existing and completed or partially completed finished surfaces from damage during performance of the Work. END OF SECTION a+LINK A(chitecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization lunicipality of Bayham 1 Robinson Street, Port Burwell, ON. PART 1 - GENERAL CUTTING AND PATCHING - Section 01 73 29 RFQ 23-01 1 Project: 2238 Page 1 of 2 1.1 REQUEST FOR CUTTING, PATCHING AND REMEDIAL WORK Submit written request in advance of cutting, coring, or alteration which affects or is likely to affect: .1 Structural integrity of any element of the Work. .2 Integrity of weather -exposed or moisture -resistant elements. .3 Efficiency, maintenance, or safety of any operational element. .4 Visual qualities of sight -exposed elements. 5 Work of Owner or other contractors. 6 Warranty of Products affected. 2 Include in request: .1 Identification of Project. .2 Location and description of affected work, including drawings or sketches as required. .3 Statement on necessity for cutting or alteration. .4 Description of proposed work, and Products to be used. .5 Alternatives to cutting and patching. .6 Effect on work of Owner or other contractors. .7 Written permission of affected other contractors. .8 Date and time work will be executed. 1.2 PRODUCTS 1 Unless otherwise specified, when replacing existing or previously installed Products in the course of cutting and patching work, use replacement Products of the same character and quality as those being replaced. If an existing or previously installed Product must be replaced with a different Product, submit request for substitution. 1.3 PREPARATION .1 Inspect existing conditions. .2 Provide supports to ensure structural integrity of surroundings; provide devices and methods to protect other portions of the Work from damage. 3 Provide protection from elements for areas that may be exposed by uncovering work. 1 4 EXISTING UTILITIES I When breaking into or connecting to existing services' utilities, execute the Work at times directed by local governing authorities, with a minimum of disturbance to the Work, pedestrian and vehicular traffic, and ongoing Owner operations. .2 Maintain excavations free of water. { Keep duration of interruptions to a minimum. Carry out interruptions after regular working hours of occupants, preferably on weekends, unless Owner's prior written approval is obtained. o+LiNK Architecture Inc. www.alinkarch.ca Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. CUTTING AND PATCHING - Section 01 73 29 RFQ 23-01 / Project: 2238 Page 2 of 2 $ Protect and maintain existing active services. Record location of services, including depth, on as - built drawings. 6 Construct or erect barriers in accordance with Section 01 56 00 - Temporary Barriers and Enclosures as required to protect pedestrian and vehicular traffic. 1 5 CUTTING, PATCHING, AND REMEDIAL WORK .1 Coordinate and perform the Work to ensure that cutting and patching work is kept to a minimum. .2 Perform cutting, fitting, patching, and remedial work including excavation and fill, to make the affected parts of the Work come together properly and complete the Work. => Provide openings in non-structural elements of the Work for penetrations of mechanical and electrical work. A Perform cutting by methods to avoid damage to other work .5 Provide proper surfaces to receive patching, remedial work, and finishing. b Perform cutting, patching, and remedial work using competent and qualified specialists familiar with the Products affected, in a manner that neither damages nor endangers the Work. .7 Do not use pneumatic or impact tools without Consultants prior approval. .8 Ensure that cutting, patching, and remedial work does not jeopardize manufacturers' warranties. .9 Refinish surfaces to match adjacent finishes. For continuous surfaces refinish to nearest intersection. For an assembly, refinish entire unit. l: Fit work to pipes, sleeves, ducts, conduit, and other penetrations through surfaces with suitable allowance for deflection, expansion, contraction, acoustic isolation, and firestopping. Maintain fire ratings of fire rated assemblies where cutting, patching, or remedial work is performed. Completely seal voids or penetrations of assembly with firestopping material to full depth or with suitably rated devices. Repair all surfaces including exterior grounds to match preconstruction condition. Provide topsoil and grass seed to repair ruts and damage to grassed areas. END OF SECTION a+LINK Architecture Inc. www.alinkarch.ca ?V�- Gmai Tim Finch <timf@alinkarch.ca> RE: 2238 Port Burwell Lighthouse - Contract Review Thomas Thayer <cao@bayham.on.ca> To: Tim Finch <timf@alinkarch.ca>, Chris Huntley <Chris.Huntley@hrigroup.ca> Thu, Mar 23, 2023 at 6:21 PM Hi, Tim and Chris — Council, at a Special Meeting tonight (March 23, 2023), awarded the temporary stabilization measures for the Port Burwell Lighthouse to HRI Group Inc. in the total bid amount of $99,000. We will plan to have a formal by-law on the April 6, 2023 meeting with the contract, but mobilization and works can proceed on the Council decision alone. Chris, looking forward to working with HRI on this file. Have a great night, all! Thomas Thayer, MSc, CMO, AOMC CAOICIerk Municipality of Bayham 56169 HeritagE 11 ;'i ;,_ , PO Box 160 Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 hayer@bayham.on.ca From: Tim Finch <timf@alinkarch.ca> Sent: March 22, 2023 10:31 AM To: Thomas Thayer <cao@bayham.on.ca>; Chris Huntley <Chris. Huntley@hrigroup.ca> Subject: 2238 Port Burwell Lighthouse - Contract Review CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. � -_i�I� arL fecfure inc. ADDENDUM - 01 Project: Port Burwell Lighthouse — Temporary Project No: RFQ 23-01 / 2238 Stabilization Municipality of Bayham Date: 2023-03-09 17 Robinson Street, Port Burwell, ON. 126 WELLINGTON ROAD LONDON ON N6C 4M6 519,64 9.02 20 W yN HL Xl(aP i The following information supplements and/or supersedes the bid documents issued on 2023-03-02. 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. 1.0 DRAWINGS: 1.1 Structural Drawing S1 — Site Plan. 1.1.1 Revisions include: 1.1.1.1 REVISE Note "CONCRETE PRECAST TRAFFIC "JERSEY" BARRIER", ADD to note "(N.I.C.) TO BE SUPPLIED, INSTALLED, AND REMOVED BY THE OWNER". 1.1.1.2 REVISE note "TEMPORARY CONSTRUCTION FENCING FOR LENGTH OF BARRIERS' to read: "EXISTING TEMPORARY CONSTRUCTION FENCING ALONG THE ROAD WAY MAY REMAIN IN PLACE." 1.1.1.3 DELETE note "TEMPORARY FENCING RECOMMENDED TO SECURE SITE (BY OTHERS)." for 2 [TWO] locations, and ADD new note "THE CONTRACTOR IS TO PROVIDE AND INSTALL ADDITIONAL TEMPORARY CONSTRUCTION FENCING TO SECURE THE SITE AS REQUIRED." 1.1.1.4 REVISED drawing S1, Issued with Addendum No.1, dated 2023-03-09 is attached herein supersedes the previously issued drawing. 1.2 Structural Drawing S2 — Section & Details. 1.2.1 Revisions include: 1.2.1.1 REVISE Detail 3/S2 as indicated. 1.2.1.2 REVISE Section 2/S2 as indicated 1.2.1.3 REVISE Note "LEVEL 3 FRAMING' at multiple locations, to read "LEVEL 4 FRAMING'. 2.0 SPECIFICATIONS: 2.1 REVISE Section 00 20 00 Instructions to Bidders, Section 1.7 BID SUBMISSION, Subsection .4 Insurance, Sentence .3, ADD Name of Neighbouring Landowner as additional insured. 2.2 REVISE Section 00 40 00 Tender Form, to DELETE Appendix B — Optional Prices. The bidders are to use the revil; d tender norm, (Akttachcd hereim �.3 REVISE Section 01 56 00 Temp Barriers and Enclosures, Section 1.1, BARRIERS AND ENCLOSURES -GENERAL 2.3.1 REVISE Sentence .4 to read: "Remove temporary barriers (except Precast Jersey Barriers) and enclosures from Place of the Work when no longer required." preserve + create + su fain 1 architecture inc. 126 WELLINGTON ROAD LONDON 6C 4MB 49.0220 f* rj(arrr.::, r J 2.3.2 REVISE Section 1.2 FENCING, Section .1, to read as follows: Temporary safety site fencing is installed along the roadway at the Place of the Work. The existing fencing may remain in place if the contractor deems it acceptable to construction regulatory requirements and their use of the site. If the existing fence is determined to be inadequate then the contractor is to provide new fencing as well as the additional fencing to enclose the site as shown on the drawings. The cost of the fencing is to be included in the bid price. 3.0 QUERIES / RFI RESPONSES: 3.1 Question #1: Property Encroachment: the scope of work will bridge over into the neighbouring property. 3.1.1 Response: It was identified that the scope of work will straddle unto the neighbouring properties. The neighbouring landowner has agreed to allow the contractor access onto their property for the duration of construction. The Municipality of Bayham is in the process of obtaining a formal legal agreement. The neighbouring landowner is to be a named insured under the contractor's insurance coverage. 3.2 Question #2: Tender Form Section 00 40 00, Schedule of Itemized Prices, Appendix A: Are these items to be considered separate prices excluded from the contract? 3.2.1 Response: NO, they are a bid price breakdown and are to be included in the bid price. ;1.3 Question #3: May alternate pile suppliers be used? 3.3.1 Response: Alternate pile suppliers may be used, subject to acceptance of consultant before closing. Provide name and contact information of alternate supplier being contemplated. 3.4 Question #4: Can bolted connections between HSS members be used? 3.4.1 Response: Bolted connections are acceptable but must be designed for loads to be specified on revised drawings. A stamped shop drawing is required for connection design. 3.15 Question #5: Can a turnbuckle be added to the wire rope to accommodate tension adjustment? 3.5.1 Response: A turnbuckle will be indicated on revised drawings. DO NOT overtighten the turnbuckle as this could induce failure of the lighthouse columns. END OF ADDENDUM NO. 1 preserve + cre*e + sustain � Port Burwell Lighthouse — Temporary Stabilization `unicipality of Bayham Robinson Street, Port Burwell, ON. 1.1 STIPULATED PRICE BID FORM Tender Form Section 00 40 00-R1 RFQ 23-01 / Project: 2238 / JCAL 23065 Page 1 of 4 Project: Port Burwell Lighthouse Temporary Stabilization Project No.: JCAL Project No. 23065, A+Link No. 2238, From (Bidder): (company name) (street address or postal box number) (city I town, province, and postal code) To (Owner): Municipality of Bayham 56169 Heritage Line, PO Box 160, Straffordville, ON. NOJ IYO The undersigned proposes to provide all labour, materials, equipment and services necessary for the completion of the General Contract Work for _Temporary Stabilization of the Port Burwell Lighthouse , 17 Robinson Street Port Burwell , Ontario, for the Munic,�ali __.of Barham_ (hereinafter called the Owner) in accordance with the related drawings and specifications for the TOTAL TENDER PRICE (excluding Value Added Taxes) of: (written) Dollars (Numeric) and Cents $ .1 The Total Tender Price for the Work is as follows: A Base Bid $ ,2 (excluding Value Added Taxes) Cash Allowances Total $ _ (excluding Value Added Taxes) TOTAL TENDER PRICE (Including Allowances, excluding Value Added Taxes) .2 The lowest or any Tender will not necessarily be accepted. The Owner reserves the right to accept or reject any and all Tenders, or any part of any one Tender, and the right to cancel any portion of the Work described in the Tender without any claim whatsoever because of such cancellation. t_ . Port Burwell Lighthouse — Temporary Stabilization Municipality of Bayham 17 Robinson Street, Port Burwell, ON. Tender Form Section 00 40 00-R1 RFQ 23-01 / Project: 2238 / JCAL 2306 Page 2 of APPENDIX A - SCHEDULE OF ITEMIZED AND UNIT PRICES (BASE BID): Item Description Unit Estimated Contract Unit Total Item Price Quantity Price I .Mobilization/Demobilization: Includes any and al component set-up to facilitate the Work, and an and all component removal, cleanup, landscaping Lump Sum W2 nd reinstatement of components disrupted by th [work. 2, AlC other items not identified in the bid form bu re specified, indicated or implied in the contrac documents and/or are required to complete the job Lump Sum r,;:L in its entirety including the cost of all permits an other fees except the building ermit. Provide temporary enclosures and temporary structures for security and safety and Work Lump Sum D!a n:x 5 nclosure. Include for all temporary rotection. 4. Structural steel, including supply and installation. Lump Sum n 'a n!a 4 Wire rope, including supply and installation. Lump Sum 11r'a n'a S Helical piles, including design, supply, an installation. Lump Sum n1a n'u 5 TOTAL 3 NOTES: i) Complete in its entirety the Schedule of Itemized and Unit Prices and the Total Lump Sum Quotation on first page of the Bid Submission Form. ) Quotations for various items are required on a Lump Sum or Unit Price basis. In each case, the quoted price will be for the completed work, including all labour, equipment, and material required, necessary, or incidental to the item. Applicable taxes (excluding Value Added Taxes), overhead, and profit, and any or all other associated Contractor expenses shall also be included. 3) Quantities provided for lump sum items are approximate in nature and are not to be relied upon by the Bidder. Bidder to measure all quantities on site. 4) The final Contract Price shall be the final sum of all Lump Sum items, used portion of the allowances and the sum of the products of the actual quantities that are incorporated in, or made necessary by the Work, as confirmed by count and measurement, and the appropriate Contract Unit Prices, together with any adjustments that are made in accordance with the provisions of the Contract Documents. 5) The Total Estimated Contract Price shall be adjusted by written order to provide for any excess or deficit to each Contract Unit Price and any cash allowances. 6) Deletions from the Bid Fonu will be deducted at 100% of the Unit or Total Item Price. Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-R1 lunicipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065 J Robinson Street, Port Burwell, ON. _ _ Page 3 of 4 APPENDIX C — LIST OF SUBCONTRACTORS Submit the names of Subcontractors proposed for the work. The Contractor reserves the right to substitute another Subcontractor, in the event that a Subcontractor withdraws or becomes bankrupt after the date hereof or proves to be unsatisfactory. Any such substitution shall be subject to the Consultant's approval and contingent upon evidence of withdrawal or bankruptcy or unsatisfactory performance. (Bidder to bar and initial space below if not used) DIVISION OR SECTION OF WORK/TRADE NAME OF SUBCONTRACTOR Structural Steel Wire Rope / Rigging Helical Piles Port Burwell Lighthouse — Temporary Stabilization Tender Form Section 00 40 00-RI Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 2306f 17 Robinson Street Port Burwell ON. Page 4 of We, the undersigned, declare that: (a) we agree to commence work within weeks of receipt of advice by letter of intent or agreement, (b) we will attain Substantial Performance of the Work within weeks after receiving notice of contract award. (c) we have arrived at this bid without collusion with any competitor, (d) this Bid is open to acceptance by the Owner for a period of 60 days from the date of bid closing, and (e) all bid form supplements called for by the Bid Documents form an integral part of this bid. If awarded the Contract, we agree to complete the Scope of Work within the time limit specified above and have all construction equipment removed from site. Indicate agreement of this clause by initialling this clause: Signatures Signed and submitted by: (company name) (name and title of authorized signing officer) (signature of authorized signing officer) (name of witness) (signature of witness) (name and title of authorized signing officer) (signature of authorized signing officer) (name of witness) (signature of witness) Dated this 20 Note: affix corporate seal as required by Bid Documents. day of __. *1 " Lo< arl lecture Inc. ADDENDUM - 02 Project: Port Burwell Lighthouse — Temporary Project No Stabilization Municipality of Bayham Date: 17 Robinson Street, Port Burwell, ON. RFQ 23-01 / 2238 2023-03-10 126 WELLINGTON ROAD LONDON ON N6C 4M8 519.649.0220 The following information supplements and/or supersedes the bid documents issued on 2023-03-02. 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. 1.0 SPECIFICATIONS: 1.1 REVISE Section 00 20 00 Instructions to Bidders, Section 1.7 BID SUBMISSION, Subsection .2 Submissions, Sentence .2, DELETE entire sentence and REPLACE with the following: 1.1.1 The Owner will accept Bid Submissions received via email only to Thomas Thayer CAOICIerk, email: cao cVbayham.on.ca. 1.1.2 The Bid form submitted shall be electronically secured so that a password is required to open the file and the password must not be with the Bid form or email. 1.1.3 Bidders shall review the tender documents and upload all required sections, compiled into pdf documents and electronically send per the required format. 1.1.4 Upon close of Tender the Owner shall contact the Bidders for their file passwords to open the submitted Tender form. 1.1.5 Only Bids received via email prior to 2:00:00 p.m. local time will be considered. 1.1.6 Bidders shall be solely responsible to upload their Bids in the manner and time prescribed. Any bids received after 2:00:00 PM local time on the closing time will not be acknowledged. END OF ADDENDUM NO. 2 preserve # +*real + sustain 1 Um�LI DYLY =: RFQ 23-01 Temporary Stabilization For i Port Burwell Lighthouse ] 7 Robinson Street Port Burwell, Ontario Consultant Team Architect : a+LINK Architecture Inc. 126 Wellington Road London, Ontario, N6C 4M8 P: (519) 649-0220 Contact: Ed van der Maarel Heritage Consultant : a+LINK Architecture Inc. 126 Wellington Road London, Ontario, N6C 4M8 P: (519) 649-0220 Contact: Ed van der Maarel Structural: John G. Cooke & Associates Ltd. Consulting Engineers 57-B John St., Suite 2 Hamilton, Ontario, L8N 2139 P: (289) 288-3638 Contact: Jonathan Dee, P.Eng. List of Drawings Architectural AO Cover Sheet, Perspective Views Al Floor Plans A2 Building Elevations A3 Building Sections Structural S1 Site Plan & General Notes S2 Sections & Details W0 r O M M N M LL C cz M C LL f- a a. 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