Combined Sewage Storage Tunnel (CSST) – Contract … - CSST_Specs_ISD14-203… · Combined Sewage...

Combined Sewage Storage Tunnel (CSST) Contract No. ISD14-2036 Issued for Tender

Prepared for: City of Ottawa

Prepared by: Stantec Consulting Ltd.

CH2M HILL

December 15, 2015 Revision Record Revision Description

0 Issued for 95% Internal Review

1 Issued for 95% Design 2 Issued for Tender Internal Review

3 Issued for Tender Final Review

4 Issued for Tender

CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 1 of 6

DIVISION 00 BIDDING AND CONTRACTING REQUIREMENTS Pages 00010 Table of Contents 6 00060 Project Directory 1 00100 Amendments to the CCDC4 2011 Agreement 2 00105 Supplementary Conditions CCDC 4-2011 Specifications 20

00110 Amendments to the CCDC41 2008 Insurance Requirements 3

00200 Instructions to Tenderers 13 00205 White Paper Instructions to Tenderers 13 00400 Form of Tender 24 00410 Cash Allowances 3 00450 Standard Drawings & Standard Specifications 10 00496 Escrow Bid Documents 5 00496A Escrow Bid Documents Agreement and Attachments 10 00803 Dispute Review Board 9 00803A Dispute Review Board Three Party Agreement 8 DIVISION 01 GENERAL REQUIREMENTS Pages 01010 Summary of Work 8 01015 Contractors Use of Premises 9 01025 Measurement and Payment 25 01050 Coordination 6 01060 Regulatory Requirements 12 01080 Manufacturers Services 4 01100 Special Project Procedures 5 01117 Construction Sequences and Constraints 36 01119 Preservation and Protection 6 01120 Pre-construction and Post-construction Survey 6 01160 Erosion and Sediment Control Plan 2 01200 Alternatives 2 01220 Project Meetings 5 01310 Progress Schedules 2 01330 Submittal Procedures 20 01353 Special Procedures: Traffic Control 51 01355 Waste Management and Disposal 7 01420 References 4 01450 Quality Control 12 01510 Temporary Utilities 4 01520 Construction Facilities 12 01560 Temporary Barriers and Enclosures 7 01561 Environmental Protection 5 01635 Value Engineering Change Proposals 4 01705 Contract Work Health and Safety Clauses 12 01710 Tunnel and Shaft Safety 6 01720 Preparation, Mobilization, Demobilization 5


01740 Cleaning 3 01750 Operations and Maintenance Manual 5 01770 Closeout Procedures 2 01780 Closeout Submittals 6 01810 Commissioning 23 01820 Demonstration and Training 5 DIVISION 02 SITE WORK Pages 02072 Geotextiles 3 02140 Groundwater Control 13 02150 Excavation Support System 7 02200 Site Preparation 2 02222 Demolition and Removal 6 02226 Removal of Existing Asphalt Pavement 3 02228 Blasting 9 02231 Clearing and Grubbing 5 02232 Tree Pruning 5 02260 Mechanically Stabilized Earthen Slopes 7 02311 Site Grading 3 02315 Excavating, Trenching and Backfilling 13 02316 Rock Removal 4 02362 Dust Control 2 02400 Shaft Construction 14 02405 Steel Liner Plates 3 02407 Shaft Secant Piles 12 02410 Drilled Shaft 8 02412 Shaft Backfill 7 02415 Steel Sheet Piling 4 02430 Tunnel Excavation by Tunnel Boring Machine (TBM) 30 02437 Rock Reinforcement and Excavation 10 02439 Pre-excavation Grouting from Surface 15 02440 Pipe Jacking 8 02442 Other Tunnel Excavation Methods 7 02444 Tunnel and Shaft Ventilation and Utilities 9 02450 Micropile Foundation 17 02455 Contact Grouting 12

02480 Geotechnical and Structural Instrumentation and Monitoring 26

02482 Vibration Monitoring 13 02511 Water Mains 4 02530 Sanitary Sewer and Odour Control Ducts 13 02630 Storm Sewer 10 02631 Maintenance Holes and Catch Basins 4 02701 Aggregates: General 3 02702 Aggregates: Landscaping 4 02721 Granular Base 4


02723 Granular Sub-Base 3 02743 Asphalt Concrete Paving 5 02770 Concrete Walks and Curbs 3 02785 Unit Paving 5 02821 Chain Link Fences and Gates 2 02870 Exterior Site Furnishings 3 02901 Tree and Shrub Preservation 5 02906 Trees, Shrubs and Ground Cover Planting 9 02911 Topsoil Placement and Grading 6 02933 Sodding 6 02980 Restoration 1 DIVISION 03 CONCRETE Pages 03100 Concrete Forms and Accessories 4 03200 Concrete Reinforcement 6 03202 Steel Fibre Reinforcement for Concrete 12

03300 Cast-in-Place Concrete (Shafts and Underground Structures) 11

03301 Cast-in-Place Concrete (Odour Control Structures) 11 03345 Concrete Finishing and Curing 7 03361 Shotcrete 6 03362 Concrete Sealer 2 03410 Precast Concrete Structures 6 03420 Precast Concrete Tunnel Lining 14 03430 Precast Modular Block Retaining Wall 21 03700 Concrete Restoration 2 DIVISION 04 MASONRY Pages 04051 Common Work Results for Masonry 7 04060 Masonry Mortar and Grout 6 04080 Masonry Anchorage and Reinforcing 5 04090 Masonry Accessories 3 04220 Concrete Masonry Units 10 04412 Granite Cladding 6 DIVISION 05 METALS Pages 05121 Structural Steel for Buildings 5 05310 Steel Deck 3 05500 Metal Fabrications 6 05501 Metal Fabrications - Architectural 6 05502 Metal Fabrications - Landscaping 5 DIVISION 06 WOODS AND PLASTICS Pages 06100 Rough Carpentry 2 06110 Framing and Sheathing 3 06600 Plastic Fabrications 9


DIVISION 07 THERMAL AND MOISTURE PROTECTION Pages 07130 Self Adhering Sheet Waterproofing 3 07210 Building Insulation 3 07212 Board Insulation 2 07272 Vapour and Air Barriers 3 07420 Plastic Wall Panels 5 07465 Metal Roofing and Wall Cladding 4 07466 Fibre Cement Siding 4 07550 Modified Bituminous Membrane Roofing 10 07620 Flashing and Sheet Metal 2 07710 Vegetation System for Roofing 5 07840 Firestopping and Smoke Seals 3 07900 Joint Sealers 3 DIVISION 08 WINDOWS AND DOORS Pages 08110 Steel Doors and Frames 7 08331 Overhead Coiling Doors 3 08710 Door Hardware 2 08711 Door Hardware Installation 2 DIVISION 09 FINISHES Pages 09910 Paints 9 09930 Protective Coating 8 DIVISION 10 FURNISHINGS Pages 10441 Exterior Signage 3 10520 Portable Fire Extinguishers 2 10990 Manufactured Specialties 2 DIVISION 11 EQUIPMENT Pages 11001 Engineered Fall Arrest System 2 11120 Electric Motor Actuator 13 11160 Process Valves and Piping 6 11201 Stainless Steel Wedge-Style Slide Gates 8 11202 Flap Gates 9 11230 Stop Logs 9 DIVISION 13 SPECIAL CONSTRUCTION Pages 13222 Grease and Mist Eliminator 4 13251 Carbon Adsorption Odour Control 10 13900 Instrumentation and Controls 71 13910 Remote Processing Units 4 13915 Alarm Autodialer / Security System 6 13930 Structured Communications System 32 13991 Control Panels and Junction Boxes 30


DIVISION 14 CONVEYING EQUIPMENT 14600 Hoists and Cranes 3

DIVISION 15 MECHANICAL Pages 15010 Mechanical General Requirements 5 15053 Motors, Drives and Guards for Mechanical Systems 3 15061 Hangers, Bases and Supports 7 15072 Vibration and Seismic Control for HVAC Equipment 12 15075 Mechanical Identification 5 15081 Thermal Insulation for Piping 8 15082 Thermal Insulation for Ducting 5 15101 Installation of Pipework 4 15142 Domestic Water Piping 4 15151 Drainage, Waste and Vent Piping: Cast Iron and Copper 2 15152 Drainage Waste and Vent Piping - Plastic 2 15187 Copper Tubing and Fittings Refrigerant 4 15401 Plumbing Specialties and Accessories 8 15411 Plumbing Fixtures and Trim 4 15440 Plumbing Pump 4 15480 Domestic Water Heaters 3 15540 FRP Fans 6 15615 Polyvinyl Chloride (PVC) Duct 7 15731 Split Unit Air Conditioning 4 15766 Unit Heaters - Electric 4 15811 Ductwork Low Pressure to 500PA 5 15820 Duct Accessories 4 15822 Dampers Operating 3 15824 Duct Heaters 2 15831 HVAC Fans 5 15851 Louvres, Intakes and Vents 2 15916 Electric Heating and Cooling Controls 3 15950 Testing, Adjusting and Balancing (TAB) 5

DIVISION 16 ELECTRICAL Pages 16010 Electrical General Requirements 7 16051 Installation of Cables in Trenches and in Ducts 2 16052 Concrete Encased Ducts 2 16053 Metering and Switchboard Instruments 4 16054 Coordination, Short Circuit and Device Evaluation 8 16061 Grounding Primary 2 16062 Grounding Secondary 2 16070 Electrical Demolition 2 16071 Fastenings and Supports 2 16122 Wires and Cables (0-1000V) 5 16131 Splitters, Junction and Pull Boxes 3

Pages


16132 Outlet Boxes, Conduit Boxes and Fittings 2 16133 Conduits, Conduit Fastenings and Conduit Fittings 4 16141 Wiring Devices 3 16151 Wire and Box Connectors (0- 1000V) 1 16153 Connectors and Terminations 1 16223 Motor Starters to 600V 15 16261 SCADA Uninterruptible Power Supply 4 16262 Process Uninterruptible Power Supply 10 16275 Dry Type Transformers up to 600V Primary 2 16370 Electrical Testing from 23V to 15kV 11 16412 Moulded Case Circuit Breakers 1 16414 Disconnect Switches Fused and Non-Fused 3 16441 Panelboards Breaker Type 3 16491 Fuses Low Voltage 2 16505 Lighting Equipment 5 16531 Exit Lights 2 16536 Unit Equipment for Emergency Lighting 3

Appendices: 1. CCDC 4 Unit Price Contract 20112. Geotechnical Data Report3. Geotechnical Baseline Report4. Phase II Environmental Site Assessment (ESA) Report5. Hydrogeological Report Assessment for a Permit to Take Water Application6. Ministry of Environment DRAFT Permit to Take Water (PTTW) - To be provided by Addendum7. Ministry of Environment ECA 8. IOS As-Built Drawings9. RCI As-Built Drawings10. Real Property Sketches (Referenced in Section 01015 Attachment A).

CITY OF OTTAWA SECTION 00060 COMBINED SEWAGE STORAGE TUNNEL PROJECT DIRECTORY CONTRACT NO. ISD14-2036 PAGE 1 of 1

OWNER: City of Ottawa 110 Laurier Avenue Ottawa, Ontario K1P 1J1

Purchasing Officer: Louise Amyotte-Baker City of Ottawa Supply Management Division 100 Constellation Cres., 4th Floor West Ottawa, Ontario K2G 6J8 Phone: (613) 580-2424 Ext. 21750 Fax: (613) 560-2126 E-mail: [email protected]

Project Manager: Randy Dempsey, P.Eng. City of Ottawa Infrastructure Services Department, 100 Constellation Cres., 6th Floor West Ottawa, Ontario K2G 6J8 Phone: (613) 580-2424 Ext. 14102 Fax: (613) 560-6064 E-mail: [email protected]

CONSULTANTS

Prime Consultant: Stantec Consulting Ltd. Project Manager: Adrien Comeau, P.Eng. 400-1331 Clyde Avenue Ottawa, ON K2C 3G4 Phone: (613) 724-4406 Fax: (613) 722-2799 E-mail: [email protected]

Sub-Consultant: CH2M Hill Project Manager: Pascal Pitre, M.P.L, P.Eng. 1101 Prince of Wales Drive, Suite 330 Ottawa, ON K2C 3W7 Phone: (613) 723-8700 ext. 73105 Fax: (613) 723-7489 E-mail: [email protected]

Geotechnical Consultant: Golder Associates Ltd. Project Manager: Mike Cunningham, P.Eng. 1931 Robertson Road Ottawa, ON K2H 5B7 Phone: (613) 592-9600 Fax: (613) 592-9601 E-mail: [email protected]

END OF SECTION

CITY OF OTTAWA SECTION 00100 COMBINED SEWAGE STORAGE TUNNEL AMENDMENTS TO THE CCDC4 2011 AGREEMENT CONTRACT NO. ISD14-2036 PAGE 1 of 2

1 Form of Contract

.1 The form of contract is the agreement as defined by the Canadian Construction Documents Committee, CCDC 4 - Unit Price Contract 2011 (available from the CCDC at www.ccdc.org) and as amended by this section and Section 00105.

2 Article A-3 - Contract Documents

.1 DELETE paragraph 3.1 and SUBSTITUTE the following:

"3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement - THE WORK.

- Section 00100 Amendments to the CCDC4 2011 Agreement

- The Agreement between the City and Contractor, including the definitions

- Addenda, as issued

- Section 00200 - Instruction to Tenderers

- Section 00105 Supplementary Conditions CCDC 4-2011 Specifications

- General Conditions CCDC 4 - 2011 - Unit Price Contract

- Section 00400 - Form of Tender

- Section 00410 Cash Allowances

- Section 01117 Construction Sequences and Constraints

- Specifications as listed in Section 00010 - Table of Contents (Division 00 to Division 16)

- Drawings including all sections as listed in Appendix 1 to the Contract

- CCDC 40 Rules for Mediation

- Section 00110 Amendments to the CCDC41 2008 Insurance Requirements

- CCDC41-2008 Insurance Requirements

- Geotechnical Baseline Report

- Geotechnical Data Report

- Material and Finishing Schedules

- Phase II Environmental Site Assessment (ESA) (reference document)

- Application For a Category 3 Permit to Take Water (reference document)

- Other reference documents included in Appendices to the Contract 3 Article A-5 - Payment

.1 In paragraph A-5.3.1 (1), DELETE 2% per annum and REPLACE with 0% per annum.

.2 In paragraph A-5.3.1 (1), DELETE 4% per annum and REPLACE with 0% per annum.

.2 In paragraph A-5.3.2:

CITY OF OTTAWA SECTION 00100 COMBINED SEWAGE STORAGE TUNNEL AMENDMENTS TO THE CCDC4 2011 AGREEMENT CONTRACT NO. ISD14-2036 PAGE 2 of 2

In the first line, DELETE and in the manner prescribe by paragraph 5.3.1 of this article, And REPLACE with of Prime plus 1%.

4 Article A-7 Language of Contract

. 1 In paragraph A-7.1: At the end of the first sentence, DELETE /French. 5 Definitions

.1 Paragraph 4, Consultant: ADD after the last sentence The contract documents may refer to Consultant, Engineer, Owners Agent and Contract Administrator. All these have the same meaning as Consultant as defined in GC2.2.

.2 Paragraph 9, Contractor: ADD after the last sentence The Contractor shall be the constructor as defined within the Occupational

Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the Act) subject to sub-clause GC 3.2.1 Construction by Owner or other Contract.

.3 Paragraph 24, Value Added Taxes:

In the first lines, DELETE "or any Provincial" and or Territorial. In the third line DELETE "the Quebec Sales Tax".

END OF SECTION

CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL SUPPLEMENTARY CONDITIONS

CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 1 of 20

1 GC 1.1 Contract Documents

.1 DELETE paragraph 1.1.7.1 and SUBSTITUTE the following:

"1.1.7.1 If there is a conflict within Contract Documents:

.1 The order of priority of documents, from highest to lowest, shall be

- Section 00100 Amendments to the CCDC4 2011 Agreement

- The Agreement between the City and Contractor, including the definitions

- Addenda, as issued

- Section 00200 - Instruction to Tenderers

- Section 00105 Supplementary Conditions CCDC 4-2011 Specifications

- General Conditions CCDC 4 - 2011 - Unit Price Contract

- Section 00400 - Form of Tender

- Section 00410 Cash Allowances

- Section 01117 Construction Sequences and Constraints

- Specifications as listed in Section 00010 - Table of Contents (Division 00 to Division 16)

- Drawings including all sections as listed in Appendix 1 to the Contract

- CCDC 40 Rules for Mediation

- Section 00110 Amendments to the CCDC41 2008 Insurance Requirements

- CCDC41-2008 Insurance Requirements

- Geotechnical Baseline Report

- Geotechnical Data Report

- Material and Finishing Schedules

- Phase II Environmental Site Assessment (ESA) (reference document)

- Application For a Category 3 Permit to Take Water (reference document)

- Other reference documents included in Appendices to the Contract

.2 At GC 1.1, ADD the following subsections:

1.1.7.5 Notwithstanding paragraphs 1.1.7.1 to 1.1.7.4:

.1 provisions establishing the higher levels of safety, reliability, durability, performance, quality and service will prevail over provisions establishing lower levels of safety, reliability, durability, performance, quality and service; and

.2 if the ambiguity, conflict or inconsistency is between a provision of general application and a provision that applies only to a specific part of the Work, the provision that applies to the specific part of the Work shall prevail for that specific part of the Work.



.3 DELETE paragraph 1.1.8 and SUBSTITUTE the following:

"1.1.8 The City shall provide the Contractor up to ten (10) copies of the Contract Documents to perform the Work. Should the Contractor require additional sets, the contract documents will be made available to the contractor at their own expense."

2 GC 1.4 Assignment


6.2.4 Change in Ownership and Control

.1 No Change in Ownership of the Contractor, or of any person with any form of direct, indirect, beneficial or other ownership interest in the Contractor, shall be permitted:

.1 where the person acquiring the ownership interest is a [Restricted Person] or a person whose standing or activities: (i) are inconsistent with the Citys role (in the Citys reasonable opinion); (ii) may compromise the reputation or integrity of the City or any related party; or (iii) are inconsistent with the nature of the City or the Project, so as to negatively affect public perception of the City or the Project; or

.2 if such Change in Ownership would have a material adverse effect on the performance of the activities within the scope of Work.

.2 Subject to Section 6.2.4.1 no Change in Control of the Contractor, or of any person with any form of direct, indirect, beneficial or other ownership interest the Contractor, shall be permitted without the prior written consent of the City not to be unreasonably withheld or delayed.

.3 This Section shall not apply to a Change in Ownership or Change in Control of persons whose Securities evidencing ownership or any other ownership interests are listed on a recognized stock exchange.

.4 Whether or not the Contractor is required to obtain the Citys consent pursuant to this Section, the Contractor shall provide notice to the City of any proposed Change in Ownership or Change in Control of the Contractor, or of any person with any form of direct, indirect, beneficial or other ownership interest in the Contractor, as the case may be, within 5 Business Days after such Change in Ownership or Change in Control, and such notification shall include a statement identifying, in respect of the relevant owners in the ownership interests of the Contractor, or of any person with an ownership interest in the Contractor, as the case may be, the holdings prior to and proposed holdings following the Change in Ownership or Change in Control, respectively.

3 GC 2.2 Role of the Consultant

.1 In paragraph 2.2.3, AMEND the second sentence by adding the following phrase to the end of the sentence: "... upon the request of the Contractor.".

.2 At paragraphs 2.2.7; DELETE the words: "Except with respect to GC 5.1 - FINANCING INFORMATION



REQUIRED OF THE OWNER appearing in the first line of 2.2.7. .3 At paragraph 2.2.15, ADD the following sentence:

"The Consultant is hereby authorized to approve and sign a Change Directive on behalf of the City."

4 GC 3.2 Construction by Owner or Other Contractors

.1 At paragraphs 3.2.2 and 3.2.3; DELETE the words: "When separate contracts are awarded for other parts of the Project, or and between the words performed by ADD on Site

.2 At paragraphs 3.2.2.2; ADD the words to the end of the sentence: "upon notifying the contractor in writing

accordingly. .3 At GC 1.4, ADD the following subsections:

3.2.7 Without limiting any other obligations in the Contract, including, but not limited to, Section 01117 Construction Sequences and Constraints and GC 3.2., the Contractor acknowledges and agrees that:

.1 the Owner may assign the methods and manner (where applicable) of the performance of the Work, the coordination and scheduling of the performance of the Work and the safety training in respect of the performance of the Work to the Rideau Transit Group General Partnership (in this section, RTG) pursuant to an agreement between the Owner and RTG for the design, construction, financing and maintenance of the Confederation Line light rail transit system in Ottawa (in this section, the OLRT Contract);

.2 the Contractor shall comply with the instructions of RTG relating to matters of health and safety, methods and manner (where applicable) of the performance of the Work, and coordination and scheduling of the performance of the Work with work undertaken by RTG in respect of the OLRT Contract;

.3 if directed by the Owner, RTG shall have responsibilities as the constructor under the Ontario Health and Safety Act (Ontario);

.4 if:

.1 the Contractor causes any damage to RTGs work under the OLRT Contract;

.2 RTG incurs any additional costs or there is any delay in the schedule or performance of its works as a result of the Contractor not complying with the coordination, scheduling and safety instructions of RTG; or

.3 RTG incurs any additional costs or there is any delay in the schedule or performance of its work under the OLRT Contract as a result of the performance of the Work,

then the Contractor shall be responsible for all impacts and consequences of such delay or additional costs, including to indemnify and to hold harmless the Owner for any change order issued under the OLRT Contract or amendment made to the OLRT Contract in



respect thereof, or for any rights or remedies enforced by RTG against the Owner under the OLRT Contract in respect thereof.

.5 if directed by the Owner, the Contractor shall, in good faith and acting reasonably, negotiate and enter into any agreements with the Owner and/or RTG that are necessary or desirable to effect the foregoing requirements of this Section or which are otherwise in respect of the subject matter hereof, including:

.1 introduction and storage of equipment, tools and other materials on site by the Contractor;

.2 site security measures;

.3 scheduling of the Contractors works; and

.4 dispute resolution between the parties. 5 GC 3.5 Construction Schedule

.1 ADD to end of 3.5.2 and the owner reserves the right to request more frequent schedule updates of the project, when the project does not appear to be capable of being completed within the defined time frames of the contract.

6 GC 3.6 Supervision

.1 ADD to end of 3.6.1 and the owner shall be notified in writing for consideration by the Engineer prior to changing the Supervisor.

7 GC 3.9 Document on Site


.3.9.2 Record drawings:

.1 The Contractor shall be required to produce and demonstrate to the Engineer on a monthly basis that Contractor has kept the records of the adjustments of the work on a set of Record drawings kept on site.

.2 The contractor shall on a monthly basis issue a certificate with their monthly progress payment request that the Record drawings are complete and up to date as reflected in the work certified to date.

.3 As part of the project breakdown, the Contractor will identify a schedule of values, as defined in GC5.2.5, associated with the monthly Record drawing update with a value of a 0.5% of the project and billed on a monthly basis.

.4 When the Contractor requests for substantial performance, the Contractor shall submit a legible copy of the marked up Record drawings.

.5 The Contractor will submit operation and maintenance instruction manuals updated and revised to show construction revisions upon submittal of the marked up record drawings.


CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 5 of 20 8 GC 5.1 Financing Information Required of the Owner

.1 DELETE paragraph 5.1.1.

9 GC 5.2 Applications For Progress Payment

.1 ADD 5.2.8 as follows: The Contractor shall include an updated work schedule with each progress billing submission as required in Section 01310, Progress Schedules otherwise payment of progress billing shall be held back until the updated schedule is submitted.

.2 ADD 5.2.9 as follows: The Contractor shall include an original signed Statutory Declaration and valid WSIB

Certificate of Clearance with all progress payments (note: a statutory declaration is not required on the 1st Progress Draw).

10 GC 5.5 Payment of Holdback Upon Substantial Performance of The Work

.1 DELETE paragraph 5.5.3 in its entirety.

.2 In paragraph 5.5.4; DELETE the first sentence in paragraph 5.5.4 and SUBSTITUTE the following: " In a common law jurisdiction, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable ten (10) days following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of Work."

.3 DELETE paragraph 5.5.5 in its entirety. 11 GC 5.6 Progressive Release of Holdback

.1 DELETE the third and fourth lines in paragraph 5.6.1 and SUBSTITUTE the following: "the City may pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, ten (10) days following the expiration of the holdback period for such work"

.2 DELETE paragraph 5.6.2 in its entirety 12 GC 5.7 Final Payment

.1 DELETE in the second line of paragraph 5.7.4 "5 days" and SUBSTITUTE "30 days".

13 GC 6.2 Change Order and GC 6.3 Change Directive

.1 ADD the following paragraph:

6.2.4 All Quotations submitted for Changes to the Contract must include all associated cost impacts on time and shall not be qualified

6.2.5 All approved change orders must account for revisions to added or credited time to the Contract

Schedule. Change Orders approved without the indication of a Change in time period of Contract cannot be contested at a later date. Additional or credit of time to contract must be represented with financial credit/extra associated with extension/reduction of contract time or overtime hours worked.



6.2.6 This does not prevent the contractor from addressing a claim for cumulative time impact associated with multiple changes.

.1 Should it be demonstrated that the cumulative impact of multiple individual Change Orders and should the claim be supported with demonstrated documentation of the variation on the approved schedule, then the Contractor is entitled to submit costs to the Consultant within 15 days of notifying the Owner of the change to the schedule.

6.2.7 The adjustment in the Contract Price for a change carried out by way of a Change Order or a Change

Directive as provided in GC 6.2 CHANGE ORDER and GC 6.3 CHANGE DIRECTIVE, shall be in accordance with the rates and conditions stipulated in this Supplementary Condition.

.1 All labour, equipment, rental of equipment or tools, materials, subcontracts and outside services to be charged as a result of changes to the scope of the Work will be subject to prior authorization by the City.

.2 For the determination of the costs associated with Change Orders and Change Directive, the following provisions will apply:

2.1 The City will reimburse the contractor for "Field Labour Costs" as the actual direct wages or salaries of the workers, up to and including working foremen, plus actual payroll burdens, but not including additional cost for full time site superintendent unless it is clearly demonstrated that additional time above and beyond the extent of the Time for Completion of Contract / Work.

(i) Payroll Burden" means the payments in respect of workers compensation, vacation pay, unemployment insurance, public liability, and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments as form part of the Contractor's normal labour costs and will include any applicable cost or expense which has been incurred by the Contractor for food, lodging and similar items.

(ii) The Contractor will provide the City with the information required to calculate Field labour rates within 14 days of the date of Contract Award.

(iii) Field Labour rates for premium portion overtime will be fixed and remain firm for the duration of this Contract and will not be subject to escalation unless prior written approval is obtained from the City, and such approval will not be unreasonably withheld.

(iv) Only labour personnel up to and including working foremen will be chargeable on additional work and then only to the extent such personnel are directly engaged on the additional work. The City will not pay for supervision beyond the working foreman level, nor will it pay for administration or management time spent on additional work.

2.2 The City will pay the Contractor for the actual cost of materials installed or used directly in connection with the Work (excepting materials supplied by the City). Payment will be for the actual cost to the Contractor delivered at the site. Copies of invoices from delivery companies or transporters' must accompany the Contractor's billing.

2.3 The City will pay for the cost of rentals for Contractor's owned equipment already on site will be based on the actual time such equipment is used beyond the period the



equipment was expected to be on site, exclusive of operators time, and on the following basis:

(i) At established hourly, daily, weekly or monthly rental rates.

(ii) The stipulated rental rates will apply when the number of hours the equipment is operated does not exceed 175 hours in any one month, or does not exceed 40 hours in any one week, or does not exceed 8 hours in any one day.

(iii) For rental rates quoted, no differentiation will be made between equipment owned by Contractor or rented by Contractor from third parties.

(iv) For equipment not already on site, rental agreements and copies of invoices from equipment Rental Company must accompany the Contractors billing.

.3 Where the Contractor arranged for Work to be carried out by a Subcontractor or its own forces

and has received prior approval from the City prior to the commencement of the Work, the City will pay the Contractor the approved cost of the Subcontractor's work, plus a 10% mark-up to the Contractor for all administration, supervision, bonding premiums, record documentation, overheads and profits.

.4 The City will reimburse the Subcontractor via the contractor or the contractors own forces for actual Field Labour, material and equipment costs of work performed plus a 15% mark-up to cover the cost of small tools, expendables and consumables, field overhead, supervision above working foreman level and all other indirect labour and materials costs not defined as reimbursable. Expendables and consumables includes all items which are consumed in the performance of the Work whether or not such materials are incorporated in the permanent works.

.5 The City will provide for an additional 5% mark-up to the Subcontractor via the contractor for

the profit and overhead associated with Change Orders and Change Directives that are a result of the Subcontractors necessity to subcontract out a portion of the work.

.6 Maximum mark-up permitted on any Change Order or Change Directive will not exceed an

aggregate total of 35%.

.7 When Change Orders or Change Directives are agreed by the owner to proceed on a time and material basis or the contractor is preparing a claim against the work, the Contractor must:

.1 Provide daily work records prepared by the Contractor and reporting the labour and

equipment employed and the material used on any specific portion of the Work, to be reconciled with and signed by the Engineer each day, whenever, in the opinion of the Engineer, such records are required.

.2 Maintain and keep sufficiently complete and accurate books, payrolls, accounts and

records relating to the Work or any extensions or additions thereto or claims arising there from to permit the verification and audit thereof and the Contractor will have no claim for repayment of any nature and kind whatsoever therefore, unless such books, payrolls, accounts and records have been so maintained and kept.

.3 Submit to the City, at the end of each Working Day a detailed report showing the



names, occupations and hours worked of all personnel employed that performed work on a time and material basis, the material supplied and the description and hours of use for equipment and tools employed.

.4 The City, its Engineer or their agents may inspect and audit the books, payrolls,

accounts and records of the Contractor at any time during the period of the Contract and at any time thereafter as deemed necessary, and the Contractor will supply payrolls and any other records required whenever requested by the City.

14 GC 6.4 Concealed or Unknown Conditions

.1 DELETE paragraphs 6.4.1 through 6.4.3 and REPLACE with new paragraphs 6.4.1 through 6.4.3:

6.4.1 The Contractor shall notify the Consultant in writing of the following conditions, known as concealed or unknown conditions, but hereinafter called changed conditions or differing site conditions, promptly upon their discovery and before they are disturbed, and in no case shall such notification be made later than five (5) calendar days after such conditions are discovered:

a) Subsurface or latent physical conditions in the Place of the Work differing materially

from those indicated in the Contract Documents; or b) Unknown physical conditions in the Place of the Work of an unusual nature differing

materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents.

The Contractors notification shall provide sufficient description of the conditions as encountered and how such conditions represent changed conditions so as to allow the Consultant to review and investigate such conditions as provided in GC 6.4.3.

6.4.2 No claim by the Contractor related to shaft, tunnel, trench or other open-cut excavation shall be

allowed under the Concealed or Unknown Conditions provisions unless the Contractor submits documentation that demonstrates that such alleged conditions are materially different from those conditions identified in the Contract Documents and are more adverse than those conditions. The Contractor shall submit such documentation within 30 calendar days after notification to the Consultant that the Contractor believes a material difference exists. The Contractor may conduct any investigations as are reasonably necessary for demonstrating that a material difference exists, and any and all costs incurred by the Contractor to conduct such investigations shall be borne by the Contractor unless the Consultant agrees that a material difference in conditions does exist and that such conditions have a cost and/or time impact. If the Consultant agrees that there is a material difference that impacts the Contractors cost and/or time of performing the Work, payment for investigation(s), including necessary testing, to document the material difference will be paid for by the Owner as part of the cost impact directly associated with the materially different conditions. Payment will be made by the Owner for reasonable and customary prices for geologic / geotechnical investigation(s) and testing. The Contractor is encouraged to review such planned investigations and/or testing with the Consultant prior to execution of the same. The Consultant will be sole judge of what is reasonable and customary.

In addition to the documentation to support the Contractors position that concealed or unknown conditions exist, the Contractor shall also submit documentation, backup, justification, and



compensation, as is necessary, for the alleged impact to Contractors cost of and/or time required for performance of the Work. Such documentation shall be submitted within the 30-day period cited above. The Owner and Consultant agree a priori that the full extent of the alleged concealed or unknown conditions may not be known within the 30-day period cited above for submission of documentation. If the full extent of the alleged concealed or unknown conditions is not known within the 30-day period, the Contractor shall submit such documentation as may be available within the required period. The Contractor shall submit all additional documentation as may be required to support its position that materially different conditions exist and to document the cost and/or time impact on the performance of the Work within 30 calendar days of the date on which the full extent of such conditions is determined. The Contractor shall promptly notify the Consultant when the full extent of the alleged changed conditions is known. The Contractor expressly agrees to maintain Daily Work Records as required by GC 6.3.9 to include detailed daily labor, material, production, and equipment logs defining hours and costs for all periods of Contractor performance representing claimed concealed or unknown site conditions. These logs shall fully separate bid Contract Work from Work associated with addressing and overcoming claimed concealed and unknown conditions. These Daily Work Records shall constitute documentation of performance, and the Contractor and Consultant agree to attempt to reconcile their respective Daily Work Records on a daily basis. Such reconciliation of Daily Work Records shall not be construed by the Contractor to indicate acceptance of the Contractors claim of concealed or unknown site conditions or cost or time impact to the Contractors performance of the Work. The failure of the Contractor to maintain Daily Work Records shall render the Consultants Daily Work Records as definitive.

6.4.3 The Consultant shall, after Contractor notification of the existence of concealed or unknown conditions, promptly review the conditions, and if the Consultant finds that such conditions do constitute changed conditions as defined in GC 6.4.1 and cause an increase in or decrease in the Contractors cost of, or the time required for, performance of any part of the Work defined in the Contract Documents, an equitable adjustment shall be made, and the Contract Documents shall be modified in writing in accordance with the provisions of General Conditions Part 5 Payment and other applicable paragraphs within Part 6 Changes in the Work. The Consultants review will overlap with the period of time during which the Contractor is required to assemble and submit initial and final documentation regarding the claim. Within 30 calendar days of the receipt of the Contractors initial documentation, the Consultant will advise the Contractor, in writing, of the Consultants initial opinion as to the existence of changed conditions. The Contractor acknowledges that a final determination cannot be made until after the Contractor submits its final documentation as required in GC 6.4.2. The Consultant will advise the Contractor of the Consultants final determination, in writing, within 30 calendar days of receipt of the Contractors full documentation of the nature of and cost and/or time impacts of the alleged concealed or unknown conditions. Alternatively the Consultant may request able infraction or enter negotiations with the Contractor over the cost with respect to time impacts, If the Consultant determines that concealed or unknown conditions do not exist, and therefore, there is no justification for an adjustment in Cost or Time of the Work, the Consultant will so advise the Contractor in writing. Should the Contractor disagree with such determination, the Contractor agrees to initially engage the Consultant in negotiations and then implement other



dispute resolution provisions of Part 8 Dispute Resolution of the General Conditions, as modified by these Supplementary Conditions, to resolve the dispute regarding the Consultants determination. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after the date on which the Substantial Performance Certificate is issued by the Consultant.

6.4.3 For greater certainty, the Owner may avail itself of the dispute resolution provision under this Contract in respect of any matters under this Section 6.4.

15 GC 6.5 Delays


"6.5.6 The costs which the Contractor may, from time to time, be entitled to pursuant to the provisions of paragraphs 6.5.1, 6.5.2 or 6.5.3 shall not include loss of profits or consequential damages and "reasonable costs" shall be specifically defined as documented, itemized costs directly attributable to delay and categorized as follows:

- extended job supervision

- extended site office overhead

- extended use of construction equipment

- wage and material cost escalation

- extended head office overhead and profit for the work at a reasonable rate demonstrated by the Contractor.


"6.5.7 Upon notice of Delay, the Contractor shall demonstrate the impact of the delay clearly identified on each subsequent schedule update.

16 GC 6.6 Claims for Change in Contract Price

.1 CHANGE the following paragraph:

"6.6.1 ADD to the first sentence after the first word claim other than covered by GC 6.5 Delays.

17 GC 7.1 Default Notice

.1 At paragraphs 7.1.2, ADD the following subsections:

.1 If, in the opinion of the City or Citys Agent, the Contractor fails to satisfactorily carry out the obligations and duties of an employer and/or constructor as required under the Occupational Health and Safety Act, the City reserves the right to immediately notify the Contractor in writing of the alleged default.

.2 Upon issuance, the notice of alleged default shall be signed off by both the Contractor and the City or Citys Agent.

.2. At paragraphs 7.1.3, ADD the following subsections



.4 In the case of an alleged default under GC 7.1.2.1, upon receipt of written notice, the Contractor shall take action forthwith to correct the default to the satisfaction of the City or Citys Agent.

.3 At paragraphs 7.1.4.2, ADD the following subsections:

.1 In the case of an alleged default under GC 7.1.2.1, and should the Contractor disagree with the alleged default, the City or Citys Agent reserves the right to terminate all or part of the work and immediately contact the Ontario Ministry of Labour to render a decision.

.2 In the case of an alleged default under GC 7.1.2.1, should it be determined by the Ontario Ministry of Labour that a default did not occur, the City will reimburse all expenses to the Contractor for the termination of all or part of the work.

18 GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract

.1 DELETE paragraph 7.2.3.1 in its entirety.

.2 In paragraph 7.2.3.4 DELETE in the first and second lines the words "except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER".

19 GC 8.1 Authority of the Consultant

.1 REVISE paragraph 8.1.2 to read:

8.1.2 If a dispute arises under the Contract, regardless of whether or not the Consultant has authority under the Contract to make a finding or the parties are unable to reach agreement following procedures stated in GC 8.2, the procedures set out in paragraph 8.1.3, paragraphs 8.2.3 to 8.2.8 of GC 8.2 NEGOTIATION, DISPUTE REVIEW BOARD, MEDIATION AND ARBITRATION, and GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required.

20 GC 8.2 Negotiation, Mediation and Arbritration

.1 Article GC 8.2 is renamed to NEGOTIATION, DISPUTE REVIEW BOARD, MEDIATION AND ARBITRATION.

.2 ADD new paragraph 8.2.2 and RENUMBER current paragraphs 8.2.2 and 8.2.3 to be 8.2.3 and 8.2.4:

"8.2.2 This Contract shall include a Dispute Review Board. The specific details and requirements for engaging the Dispute Review Board and for its operation during the period of the Contract are provided in Section 00803 Dispute Review Board."

.3 ADD new paragraph 8.2.5 and RENUMBER current paragraphs 8.2.4 through 8.2.8:

8.2.4 As provided and following the requirements and procedures stipulated in Specification Section 00803, Dispute Review Board, prior to engaging in either mediation or arbitration to resolve disputes, either the Contractor or Owner shall refer a dispute to the Dispute Review Board for action and resolution.

.4 REVISE renumbered paragraph 8.2.6 to read:

8.2.6 After a period of 10 Working Days following receipt of the Dispute Review Boards written findings or receipt of clarification of such findings, if such clarification is requested by either the Owner or Contractor, if either party provides written notice to the other party that it rejects the Dispute Review Boards findings and neither party appeals the findings or requests the Dispute Review Board to reconsider, 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 of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing.

.5 In RENUMBERED paragraphs 8.2.6 through 8.2.10, REVISE paragraph references to other paragraphs

within the current paragraphs of GC 8.2 to match the paragraph renumbering described above.

21 GC 8.3 Retention of Rights

.1 DELETE paragraph 8.3.1 and SUBSTITUTE the following: "8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses."

22 GC 9.1 Protection of Work and Property

.1 ADD the following sentence at the end of paragraph 9.1.2: In addition, the Contractor is responsible to call all Utilities for service locates prior to commencing the work. Should the Contractor fail to call the necessary Utilities for locates, the Contractor will be responsible for all costs associated with the remedial measures to reinstate the existing service.

23 GC 9.2 Toxic and Hazardous Substances and Materials




"9.2.5.5 The reporting requirements of this provision do not relieve the Contractor from its legal responsibilities pursuant to any municipal, provincial or federal legislation."



.6 ADD the following sentence to the end of paragraph 9.2.6:

"The costs which the Contractor may, from time to time, be entitled to shall not include loss of profit or consequential damages."

24 GC 10.2 Laws, Notices, Permits and Fees

.1 ADD the following to the end of the first sentence in paragraph 10.2.3: "which were in force at the date of bid closing, and those in force at the time of execution of works."

25 GC 11.1 Insurance

.1 ADD the following sentence at the end of paragraph 11.1.1.1: "If the Contractor is to engage in blasting operations, it shall ensure that it obtains an endorsement to its general liability insurance which overrides the blasting exclusion in that general liability insurance so that the



Contractor is insured for its blasting operations until the date of acceptance of the entire work by the City. If the Contractor employs Subcontractors for blasting operations, the Contractor shall ensure that its subcontract includes the requirements for blasting coverage as provided herein and the additional insureds required by this Contract".


"11.1.9 The Contractor shall provide the City with an original Certificate of Insurance and shall ensure that the City at all times is in receipt of a valid Certificate of Insurance for all the policies required by GC 11.1. The Contractor shall ensure that the Certificate of Insurance states that thirty (30) days prior written notice shall be given to all the named insureds in the event of any changes, cancellation or termination of the policies. The City's receipt and acceptance of a Certificate of Insurance is in no way an approval of the Contractor's policy or policies of insurance, and does not affect the obligations to insure set out in this GC 11.1 -INSURANCE.

The City may withhold payment of any monies due to the Contractor under this or any other contract until the Contractor has provided the City with a valid Certificate of Insurance as required by this condition."

26 GC 12.1 Indemnification

.1 ADD the following paragraph 12.1.1.1 (3):

"(3) any breach of a representation or warranty by the party from whom indemnification is sought; and

.2 ADD the following sentence at the end of paragraph 12.1.1:

Without limitation, no claim for indemnity shall be made by the Contractor under this paragraph 12.1 in respect of a differing site condition described in GC 6.4 CONCEALED OR UNKNOWN CONDITIONS, which GC 6.4 CONCEALED OR UNKNOWN CONDITIONS shall be the sole and exclusive remedy of the Contractor in respect of such differing site conditions.

.3 ADD the following paragraph 12.1.2.4:

".4 the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall not apply in cases of willful misconduct or deliberate acts of wrongdoing.

.4 REPLACE paragraph 12.1.5.2 with the following paragraph 12.1.5.2:

.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, provided that no indemnity is provided by the Owner, and no claim shall be asserted by the Contractor, in respect of any matter which is set out as a restriction, encumbrance or other limitation on the Place of Work in this Contract, including schedule constraints and use of the premises constraints outlined in Section 01015 (Contractors Use of Premises) and Section 01117 (Construction Sequences and Constraints).

.5 ADD the following paragraph 12.1.7:

"12.1.7 Without limiting or impairing any indemnity by, or other obligation of, the Contractor in this Contract:



.1 The Contractor shall indemnify and save harmless the Owner from and against all claims, demands, loss, costs, damages, suits and actions whatsoever, including any claim for personal injury and any loss or for damage to property, which arise out of or in connection with the entry onto and use of the Site 6 staging area and access through PWGSC property north of Wellington Street, including any made by PWGSC against the Owner. If PWGSC is made a party to any litigation commenced by or against the Owner or the Contractor, the Contractor will promptly indemnify and hold harmless the Owner, PWGSC and its agents and will pay to the Owner (whether for its own benefit of for PWGSC) all costs and expenses incurred or paid by Owner in connection with such litigation, including any costs and expenses claimed by PWGSC against the Owner.

.2 The Contractor hereby releases and discharges the Owner and PWGSC, and their respective employees and anyone for whom it is responsible in law, from any claim, demand or action whatsoever as a result of any loss, damage, injury or death suffered by the Contractor or any of its contractors, employees and anyone for whom it is responsible in law, howsoever caused, arising from use or occupancy of Site 6 staging area and access through PWGSC property north of Wellington Street. This paragraph constitutes a full waiver and release in favour of the Owner and PWGSC for any such claim.

.3 Neither the Owner nor PWGSC warrants safe access to, on or under the Site 6 staging area and access through PWGSC property north of Wellington Street. Such access or the presence of the Contractor, its employees, contractors, servants, licensees and agents on Site 6 staging area and access through PWGSC property north of Wellington Street shall be solely at the risk and peril of the Contractor and the Contractor assumes all risk of loss, damage to property of, or injury to itself, its servants, contractors, agents, employees or Contractor in connection or in any way related therewith. Neither the Owner nor PWGSC shall have responsibility for any such loss, damage or injury, or for any safety related issues. Neither the Owner nor PWGSC has made and does not make any representation as to the present or future conditions of the Site 6 staging area and access through PWGSC property north of Wellington Street. The Contractor covenants, represents and warrants that any employee, contractor, servant, agent or licensee that will access the real property will be adequately trained and at all times comply with all applicable health and safety laws and requirements.

.4 For greater certainty, the indemnities and releases in this paragraph 12.1.7 are not subject to the limitations in paragraph 12.1.3.


"12.1.8 Without prejudice to the parties rights in respect of payments or liquidated damages provided for herein, the indemnities under this Contract shall not apply and there shall be no right to claim damages for breach of this Contract, in tort or on any other basis whatsoever, to the extent that any loss claimed by either party is:

.1 for punitive, exemplary or aggravated damages;

.2 for loss of profits, loss of use, loss of production, loss of business or loss of business opportunity sustained by either party and not by third parties; or

.3 is a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by either party.




"12.1.9

.1 Subject to the indemnities provided herein, neither party shall be liable in tort to the other party in respect of any negligent act or omission of any such person relating to or in connection with this Contract and no such person shall bring such a claim.

.2 Notwithstanding any other provision of this Contract, and except to the extent recovered under any of the insurances required pursuant to this Contract, neither Party shall be entitled to recover compensation or make a claim under this Contract, or any other agreement in relation to the Project, in respect of any loss that it has incurred (or any failure of the other party) to the extent that the party has already been compensated in respect of that loss or failure pursuant to this Contract, or otherwise.

.3 The Owner and the Contractor shall at all times take commercially reasonable steps to minimize and mitigate any loss for which the relevant party is entitled to bring a claim against the other party pursuant to this Contract.

27 GC 13 Changes in the Work

.1 ADD the following General Condition:

"GC 13 CHANGES IN THE WORK

13.1 The Contractor shall inform the Surety Company or Companies who have issued Performance Bonds or Labour and Material Payment Bonds for this Contract, if any change to the Contract requires adjustments of the bonds, the Contractor shall initiate and pay for such adjustments.

13.2 The Contractor shall advise the Engineer if the schedule is affected by any change and obtain

authorizations from the Engineer before proceeding with related work which may affect contemplated changes. The Contractor shall advise the Engineer of the effect on the overall schedule, if any, due to changes required by a Change Directive"."

28 GC 14 Municipal Freedom of Information and Protection of Privacy

.1 ADD the following:

"GC 15 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

15.1 The Contract, including all Contract Documents, shall become public information, unless the Contractor specifically requests that certain parts of the Form of Tender remain confidential subject to the Municipal Freedom of Information and Protection of Privacy Act"."

29 GC 15 Retail Sales Tax-Non-Resident Contractors


"GC 15 RETAIL SALES TAX - NON-RESIDENT CONTRACTORS

15.1 If the Contractor is a non-resident Contractor, as defined in the Retail Sales Tax Act, R.S.O. 1990,



c.R.31 as amended, it will obtain and provide the City with a duplicate copy of a valid certificate issued by the Minister of Revenue indicating that the Contractor has fulfilled its obligation to deposit funds or a guarantee bond with the Treasurer of Ontario to secure payment of the tax payable in respect of tangible personal property consumed or used pursuant to or in the carrying out of the Contract.

15.2 The non-resident Contractor will provide the certificate within seven (7) Working Days of the date the

City requests it. If the non-resident Contractor fails to provide the appropriate certificate within the time limit specified by this condition, the City may, in addition to any other remedies which it might have, withhold from payment to the non-resident Contractor, an administration fee, to be determined by the City, to cover costs incurred by the City to comply with the requirements of the Retail Sales Tax Act."

30 GC 16 Integrity Provisions


"GC 16 INTEGRITY PROVISIONS

.1 The Contractor represents, warrants and covenants to the Owner that:

(1) no Restricted Person has or will have Direct or Indirect power or control over the Contractor in relation to the decisions, management, actions or policies of the Contractor or in relation to the operation, management and ownership of the Project;

(2) no Restricted Person has or will have directly or indirectly, an Economic Interest in the Contractor or the Project;

(3) it is not now, and will not become, a Restricted Person; and

(4) in respect of the Project, it and its subcontractors have not contracted with, and will not contract with, any person that is a Restricted Person.

31 GC 17 Contractor Requirements under the City of Ottawas Federal Contribution Agreement


"GC 17 CONTRACTOR REQUIREMENTS UNDER THE CITY OF OTTAWAS FEDERAL CONTRIBUTION AGREEMENT

17.1 Without altering, impairing or limiting any other obligations of the Contractor in the Contract, the Contractor acknowledges and agrees that for a period ending on the earlier of eight (8) years after the earlier of the Substantial Completion Date or the termination of this Contract:

.1 the Contractor shall provide and shall cause each subcontractor to provide to the Owner all information, reports, documents, records and the like, in the possession of, or available to, the Contractor as the Owner may reasonably require from time to time for any purpose in connection with this Contract. The Contractor shall use commercially reasonable efforts to ensure that, for such purpose, all such information, reports, documents, records and the like in the possession of, or available to the subcontractors shall be available to the Contractor and the Contractor shall include relevant terms in all subcontracts to this effect;



.2 all information, reports, documents and records in the possession of, or available to, the Contractor which are required to be provided to or available to the Owner hereunder, shall be subject and open to inspection and audit by the Owner at any time and from time to time, which inspection and audit shall take place during normal business hours and at the Contractors normal places of business unless the Owner and the Contractor otherwise agree. The Owner shall also have the right to monitor and audit the performance of any and all the activities within the Work wherever located, and the Contractor shall cooperate with, and shall require each subcontractor to cooperate with, and provide access to the representatives of the Owner monitoring and auditing the Work, including providing them with access and copies (at the Owners reasonable cost) of all relevant information, reports, documents and records pertaining to the performance of the activities within the Work. Except as otherwise provided herein, all of the Owners costs for the inspections, audits and monitoring shall be borne by the Owner;

.3 in conducting an audit of the Contractor hereunder or as otherwise provided under this Contract, the Owner shall have all rights necessary or incidental to conducting an audit, including the right to have access to and inspect and take copies (at the Owners reasonable cost) of all books and records of the Contractor required to be provided to or available to the Owner hereunder, upon reasonable notice and at reasonable times. The Contractor shall fully cooperate with the Owner and its auditors in the conduct of any audits, including by making available all such records and accounts in existence at that time as they may require to perform a full and detailed audit, and the Contractor further agrees to promptly review and settle with the Owner all matters arising from such audits, including the refunding of monies to the Owner where applicable. At the reasonable request of the Owners auditors, the Contractor shall provide such information, reports, documents and records as the Owners auditors may reasonably require;

.4 the Owners rights pursuant to this section shall be in addition to, and shall not limit, any other audit, information, inspection or similar rights under this Contract; and

.5 the Owners rights pursuant to this section shall not limit or restrict any governmental authoritys (including its own) right of review, audit, information or inspection under applicable law. Upon notice to the Contractor, the Owners right pursuant to this section may also be exercised by Her Majesty the Queen in Right of Ontario, the Auditor General of Ontario, Her Majesty the Queen in Right of Canada, the Auditor General of Canada and anyone acting on their behalf without the requirement for further action on the part of the Owner.

17.2 Without altering, impairing or limiting any other obligations of the Contractor in the Contract Documents, the Contractor acknowledges and agrees that throughout the term of the Contract, without any prejudice to any access rights of any such person as a member of the general public or pursuant to applicable law, the Owner and its agents and representatives shall have unrestricted access to the Place of Work and any workshop where materials, or equipment are being manufactured, prepared or stored at all reasonable times during normal working hours, including for the purposes of general inspection or audit, or of attending any test or study being carried out in respect of the Work, or to fulfill any statutory, public or other duties or functions. In exercising their access rights under this section the Owner shall (i) provide reasonable prior notice appropriate to the circumstances (other than for any offices or other facilities provided at the Place of Work for the use of the Owner or its agents and representatives); and (ii) comply with all relevant safety procedures and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor from time to time. With the prior authorization of the Owner, any of the Her Majesty the Queen in Right of Ontario, the Auditor General of Ontario, Her Majesty the Queen in Right of Canada, the Auditor General of Canada and



anyone acting on their behalf shall also have access to the Place of Work and other sites.

17.3 Without altering, impairing or limiting any other obligations of the Contractor in the Contract Documents, the Contractor acknowledges and agrees that it shall comply with all applicable laws in undertaking the Work, including all applicable labour, environmental, and human rights legislation.

17.4 Subject to sections 17.4.1 and 17.4.2, but notwithstanding anything else in the Contract to the contrary, the Contractor acknowledges and agrees that, in accordance with the transparency and accountability principles of the Owner, the Owner has a right to disclose or publish (including on websites) this Contract, any or all terms hereof, including any or all contractual submissions and other records kept in accordance with the Contract, any information related to the performance of the Contractor or any related persons or any information derived from the Contract or the information related to the performance of the Contractor (or any related party or subcontractor) as the Owner, in its discretion, may consider appropriate. In exercising its discretion, the Owner will be guided by the principles set out in sections 17.4.1 and 17.4.2.

.1 the Owner will not disclose portions of the Contract or any terms hereof, including any contractual submissions or other records kept in accordance with the Contract, any information related to the performance of the Contractor (or any related party or subcontractor) or any information derived from this Contract or the information related to the performance of the Contractor (or any related party or subcontractor) which would be exempt from disclosure under section 10(1) of the Municipal Freedom of Information and Protection of Privacy Act (Ontario); and

.2 notwithstanding section 17.4.1, where a compelling public interest in the disclosure of the information clearly outweighs the public interest in limiting the disclosure of the information supplied by the Contractor (or any related party or subcontractor), the Owner may disclose such information.

17.5 The Owner may disclose this Contract, any or all terms hereof, including any or all contractual submissions and other records kept in accordance with this Contract, any information related to the performance of the Contractor (or any related party or subcontractor) or any information derived from this Contract or the information related to the performance of the Contractor (or any related party or subcontractor) to any of the Her Majesty the Queen in Right of Ontario, the Auditor General of Ontario, Her Majesty the Queen in Right of Canada, the Auditor General of Canada and anyone acting on their behalf in connection with funding and/or contribution agreements made in respect of this Project. In the event of such disclosure, the Contractor acknowledges and agrees that:

.1 such persons may be subject to the Freedom of Information and Protection of Privacy Act (Ontario), Access to Information Act (Canada) or other applicable laws in respect of protection and/or disclosure of such information;

.2 such disclosure is not limited or prohibited by this Contract; and

.3 subject to compliance with, as applicable, Freedom of Information and Protection of Privacy Act (Ontario), Access to Information Act (Canada) or other applicable laws, such persons will be free to use, disclose or publish (including on websites) any information on such terms and in such manner as they see fit.



17.6 The Contractor acknowledges and agrees during the term of this Contract that:

.1 public communications activities undertaken by the Owner, or by the Contractor if directed by the Owner, may include or refer to Her Majesty the Queen in Right of Ontario and Her Majesty the Queen in Right of Canada in connection with funding and/or contribution agreements made in respect of this Project;

.2 the Owner, together with Her Majesty the Queen in Right of Ontario and Her Majesty the Queen in Right of Canada may have regular media events about the funding and status of the Project. Key milestones may be marked by public events, news releases and/or other mechanisms. The Contractor will use commercially reasonable efforts to accommodate such events, including at the Place of Work, when requested by the Owner at no additional cost or expense to the Owner; and

.3 the Owner may request that the Contractor install signage on the Place of Work supplied by the Owner identifying the Project and the Contractor will use commercially reasonable efforts to accommodate such signage when requested by the Owner, all at no additional cost or expense to the Owner.

32 Definitions .1 ADD the following Definitions:

Change in Ownership means, with respect to a person, any change in ownership, whether beneficial or otherwise, of any of the securities of ownership of such person, or in the direct or indirect power to vote or transfer any of the securities of ownership of such person. Change in Control means, with respect to a person: (a) any Change in Ownership, where the effect of such change is to result in control of the decisions made by or on behalf of such person subsequently being with a different entity or entities than prior to such change; (b) any other change in respect of the power to elect a majority of the directors of the person or otherwise control the decisions made on behalf of such person; or (c) any other change of direct or indirect power to direct or cause the direction of the management, actions or policies of such person.

Direct or Indirect Power or Control means the direct or indirect power or control over the decisions, management, actions or policies of a person, including through the direct or indirect power or control over the decisions, management, actions or policies of any persons having direct or indirect power or control over the decisions, management, actions or policies of any other person, whether through:

- ownership, beneficial or otherwise, of any of the shares, units or equity interest of a person;

- the direct or indirect power to vote any of the shares, units or equity interests of a person; or

- the direct or indirect power or authority to influence or direct the approval of a decision, the management, actions or policies of a person or to prevent the approval of a decision, the management, actions or policies of a person through any contractual right or other power or interest with or over a person.

Economic Interest means any right to receive, directly or indirectly and whether in cash or in kind, a payment, repayment, fee, interest, dividend, distribution, redemption or any other consideration of benefit or value to the recipient of any nature whatsoever.



Restricted Person means any person who (or any member of a group of persons acting together, any one of which):

- has, directly or indirectly, its principal or controlling office in a country that is subject to any economic or political sanctions imposed by Canada for reasons other than its trade or economic policies;

- is or has been involved in the illegal manufacture, sale, distribution or promotion of narcotic substances or arms, or is or has been involved in the promotion, support or carrying out of terrorism;

- in the case of an individual, he or she (or in the case of a legal entity, any of the members of the board of directors or its senior executive managers) has been sentenced to imprisonment or otherwise given a custodial sentence (other than a suspended sentence) for any criminal offence (other than minor traffic offences or misdemeanours) less than 5 years prior to the date at which the determination of whether the person falls within this definition is being made;

- has as its primary business the acquisition of distressed assets or investments in companies or organizations which are or are believed to be insolvent or in a financial standstill situation or potentially insolvent;

- is subject to any claim of the Owner, the Province of Ontario or the Government of Canada in any proceedings (including regulatory proceedings) which have been concluded or are pending at the time at which the determination of whether the person falls within this definition is being made and which (in respect of any such pending claim, if it were to be successful) would, in the Owners view, in either case, be reasonably likely to materially affect the ability of the Contractor to perform its obligations under this Contract; or

- has been convicted of an offence under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), has been convicted of an offence relating to anti-competitive behaviour under the Competition Act (Canada), or has been convicted of the commission of a money laundering offence or a terrorist activity financing offence under the Criminal Code (Canada).

END OF SECTION

CITY OF OTTAWA SECTION 00110 COMBINED SEWAGE STORAGE TUNNEL AMENDMENTS TO THE CCDC41

2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 1 of 3 .1 REPLACE paragraph 1 with the below text: The City of Ottawa shall purchase and maintain in full force at all times, from the execution of the Contract through to Construction Completion: Wrap-up comprehensive liability insurance with a combined single limit of liability of not less than one hundred million dollars ($100,000,000) per occurrence and in aggregate for bodily injury, personal injury and property damage including loss of use thereof. The policy shall be primary over and above any other existing policy. The insured parties under the policy shall include the successful Contractor, all sub-consultants and all subcontractors. The deductible shall be not less than one hundred thousand dollars (100,000); the first fifty thousand (50,000) shall be paid by the Contractor or Contractors responsible for the loss to the City of Ottawa. If more than one Contractor is involved, the City of Ottawas Representative shall be the sole judge as to how the deductible is apportioned. Upon notification of a claim being made, the City of Ottawa shall, at its sole discretion, be entitled to retain the amount of the deductible in whole or in part from payment to the Contractor. Such amount will be applied by the City of Ottawa in satisfaction of that claim and excess amounts, if any, will be paid to the Contractor in the event and at such time as the claim is settled, dismissed or withdrawn. Notwithstanding the foregoing, the City of Ottawa may, at its sole discretion, issue an invoice to the Contractor for the actual amount of the claim settlement up to the amount of the deductible, and if the invoice is not paid within thirty (30) days, the City of Ottawa shall deduct such amount from a future payment due to the Contractor Such insurance shall include but not be limited to:

Products and broad form completed operations liability; the completed operations liability coverage shall remain in effect for a period of not less than twenty-four ( 24) months after Construction Completion;

Premises, property and operations; Occurrence property damage; Medical payments; Owners and contractors protective liability; Blanket contractual liability Contingent employer's liability; Personal injury liability; Non-owned automobile liability; Cross liability with respect to additional insureds; Severability of interest clause; Employees as additional insureds; Broad form property damage endorsement; Operation of attached machinery; and Sudden and accidental pollution, Blasting, demolition, pile driving Caisson work or tunnelling

.2 REPLACE paragraph 2 with the below text: The City of Ottawa shall maintain for the term of the Project, Environmental Liability Insurance which will cover the Contractor and Subcontractors on the Project. Such Environmental Liability Insurance shall provide coverage for on site cleanup of new conditions, third party claims for on-site and off-site bodily injury and


2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 2 of 3 property damage, and off-site clean up for a limit of not less than twenty five million dollars ( $25,000,000) per occurrence and in the aggregate. If such insurance is issued on a claims made basis, such insurance shall contain a 24 month extended reporting period or be maintained for a period of two years subsequent to completion of the project. Claims under this insurance shall be subject to a deductible of one hundred thousand dollars ( $100,000) per claim. The first fifty thousand dollars ($50,000) of the one hundred thousand dollars ( $100,000) deductible shall be paid by the Contractor or Contractors responsible for the loss. If more than one contractor is involved, the City of Ottawa Representative shall be the sole judge as to how the deductible is apportioned. Upon notification of a claim being made, the City of Ottawa shall, at its sole discretion, be entitled to retain the amount of the deductible in whole or in part from payment to the Contractor. Such amount may be applied by the City in satisfaction of that claim and excess amounts, if any, will be paid to the Contractor in the event and at such time as the claim is settled, dismissed or withdrawn. Notwithstanding the foregoing, the City may, at its sole discretion, issue an invoice to the Contractor for the actual amount of the claim settlement up to the amount of the deductible, and if the invoice is not paid within thirty (30) days, the City shall deduct such amount from a future payment due to the Contractor.

- .3 REPLACE paragraph 3 with the below text: Throughout the term of the Contract including all warranty periods, the Contractor shall obtain and maintain at their own expense the following insurance in relation to the CSST Project, any services required to be performed by the Contractor under the Contract Documents, or otherwise, each such policy to be issued by an insurance company licensed to carry on the business of issuing such policies in Ontario, and possessing a Best's Financial Strength Rating of at least A- or better. Comprehensive General Liability Insurance which shall include, but not limited to:

Bodily injury and property damage; Personal injury; Blanket contractual liability; Premises, property and operations; Products and broad form completed operations coverage; Occurrence property damage; Medical payments; Contingent employer's liability coverage, for any claims that might be brought against the City of

Ottawa by any employee of the Contractor; Owner's and Contractor's protective coverage for all subcontracted operations; Sudden and accidental pollution coverage; Broad form property damage; Employees as additional insured; Non-owned automobile; and Cross liability and severability of interest clause. Such insurance shall provide a combined single limit of not less than Twenty Five Million Dollars

($25,000,000) for any one occurrence or accident for all claims arising out of bodily injury (including death) and damage to property of others. Such liability insurance shall contain no exclusions in conflict with the character of the Work required to be performed under the Contract and shall include the Commission as additional insured.


2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 3 of 3 The above noted insurance policies shall add the City of Ottawa, its elected officials, agents, officers and employees as an additional insured with respect to the operations of the Contractor. Such insurance policies shall be non-contributing with and apply as primary and not as excess of any insurance available and shall contain a waiver of subrogation in favor of the City of Ottawa.

.4 REPLACE paragraph 4 with the below text: Contractor shall provide Automobile Liability insurance, for liability arising out of the use of leased and owned automobiles in connection with the performance of the Work. Coverage will consist of a combined single limit of liability of five million dollars ($5,000,000) per occ

Combined Sewage Storage Tunnel (CSST) – Contract … - CSST_Specs_ISD14-203… · Combined Sewage...

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