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4235 ATT01 Permission to Access and Modify Town Lands AgreementPERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT THIS AGREEMENT is made the _13 day of November 2018 I:I:4 &TJ::0Z The Corporation of the Town of Tillsonburg, a municipal corporation incorporated under the laws of Ontario, and with offices at 204-200 Broadway, Tillsonburg, Ontario N4G SA7 (the "Town") OF THE FIRST PART The J.L. Scott McLean Memorial Legacy Fund, a non-profit trust established under the laws of Ontario, and with offices c/o Box 307, Tillsonburg, ON N4G 4HS (the "Legacy") OF THE SECOND PART WHEREAS, the Legacy wishes to construct an outdoor recreation pad in Memorial Park, Tillsonburg; WHEREAS, the Legacy has raised the funds necessary for the construction of the proposed outdoor recreation pad; WHEREAS, the Town wishes to permit the construction of the outdoor recreation pad at Memorial Park, WHEREAS, the Legacy and Town wish for the outdoor recreation pad to be the property of the Town and available for use by the public at the discretion of the Town; NOW THEREFORE, in consideration of the terms and conditions described below and the sum of $1.00 paid by each parry to the other party, the -2 - sufficiency and receipt of which is hereby acknowledged, the Town and the Legacy agree as follows: Definitions 1.0 "Consultant' means a licensed engineer or architect engaged by the Legacy to act as the consultant on the Project. "Project" means the construction of the proposed J.L. Scott McLean Memorial outdoor recreation pad and basketball facility, with all attendant facilities including, but not limited to, the refrigeration plant capable of maintaining a viable ice surface. "Subject Lands" means that property owned by the Town of Tillsonburg on which the Project is being constructed. Schedules 2.0 The following schedules are attached to this Agreement and form part of the Agreement: Schedule A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment Schedule B: CCDC14 Design -Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. Schedule C: Parcel Register for Memorial Park Schedule D: J.L. Scott McLean Outdoor Pad Operating Principles Access to Town Lands 3.0 The Town grants to the Legacy access, including the right to restrict the access of others (excluding the Town and its representatives), to that portion of Memorial Park on which it has proposed to build the Project, and further grants permission but does not require the Legacy to construct the Project, subject to approval of the plans (and any revisions to the plans) for the Project by the Town. 4.0 Any construction which does occur upon the Subject Lands by the Legacy shall be done by a general contractor qualified to carry out such construction. 5.0 At the conclusion of this Agreement, the right of access to the Legacy shall expire and the Town shall be permitted to allow access to the -3 - Subject Lands and use of the Project facilities as it deems appropriate. All future maintenance and discretion for use of the Project shall be at the sole responsibility and discretion of the Town, subject to the Operating Principles Agreement (Schedule D). 6.0 At all times the Subject Lands shall remain the property of the Town of Tillsonburg. Nothing in this Agreement shall be construed to grant the Legacy a lease over those lands, nor shall it grant any right in land over the Subject Lands, in law or equity. 7.0 Any fixture which is attached to the area over which the Legacy has access shall immediately become the property of the Town at the time it is affixed to the land owned by the Town. 8.0 The Town has the express power to terminate this Agreement at any time, regardless of the status of the Project, and assume, if it should so desire, the obligations of completing the Project, or not, in its sole and absolute discretion. Term of Agreement 9.0 The access described in Article 3.0 shall extend for as long as the Town deems it to be appropriate in its sole and absolute discretion and in any case for a period not to exceed three (3) years. No Assignment by Legacy 10.0 The right to access to the lands subject to this Agreement may not be transferred by the Legacy to any party without the express written permission of the Town. Assignment of the Construction Contract 11.0 Any contract for the construction of the Project to which the Legacy is a party shall contain a provision permitting the Legacy to assign its rights and interest in such a contract to the Town. 12.0 At the direction of the Town, the Legacy shall assign the contract to construct the Project to the Town. Representations of the Legacy -4- 13.0 The Legacy represents that it was established as described in the Legacy Agreement attached as Schedule A. The Legacy states that to further its established purpose it wishes to construct the Project in Memorial Park in Tillsonburg. 14.0 Funds required for this purpose have been raised by the Legacy from bequests and donations made to the Legacy by others wishing to support the objectives of the Legacy, as detailed in the construction cost estimate for the Project attached as Schedule B. 15.0 The Legacy is willing and able to construct the Project entirely from the resources it has raised to the specifications described in Schedule B. The Legacy does not require financing to complete the project and has issued a Letter of Commitment to the Town (Schedule A).. Representations of the Town 16.0 The Town represents that it holds good and valid title to the Subject Lands, municipally known as Memorial Park, free of all liens and encumbrances, as described in the parcel register attached as Schedule D. 17.0 The Town currently holds $385,214.46 in trust for the Legacy for the express stated purpose that it be used in the construction of the Project. Those funds will be released as set out below. Covenants of the Town 18.0 The Town covenants that it will pass all requisite resolutions to authorize the granting of access to the lands subject to this Agreement. Approval of the Project 19.0 All Plans and financing projections, including but not limited to those in Schedule B, are subject to approval by the Town before construction by the Legacy of the Project shall commence. 20.0 Any revision of the Project documents in Schedule B must be approved by the Town. 21.0 The Legacy shall at all times employ a Consultant who shall oversee and provide administration of the construction of the Project. -5 - Protection of Persons and Property 22.0 The Legacy covenants that it will maintain adequate security over those areas subject to this Agreement so as to prevent harm to members of the public. 23.0 The Legacy shall protect the Project and the Town's property and any adjacent property to the Subject Lands from damage which may arise as the result of the Legacy's operations under this Agreement, and shall be responsible for such damage. 24.0 Prior to the commencement of the Project the Legacy shall apply for and receive all necessary approvals including building permit and determining the location of all underground utilities. 25.0 Should the Legacy, in the construction of the Project, cause damage to the Subject Property or adjacent property, the Legacy shall be responsible for repairing such damage at its own expense. Release of Funds Held by Town in Trust 26.0 Applications for release of the funds held in trust by the Town for the Legacy shall only be made once those funds held directly by the Legacy have been expended in construction of the Project. 27.0 Applications for release of funds may be made monthly by the Legacy as the Project progresses. Each such application shall be supported by a payment certificate signed by the Consultant, which certificate shall set out the value of work completed to date and the estimated costs to complete the Project. 28.0 The Town shall at all times retain from the funds it holds in trust an amount no less than the statutory holdback plus the estimated amount to complete the Project. 29.0 In the event that the construction contract is assigned to the Town or the Town otherwise assumes construction of the Project, the Town is hereby authorized to use the funds it holds in trust to pay for the costs of construction. 9 j ii 30.0 The statutory holdback retained by the Town shall be released no earlier than 46 days following publication of a Certificate of Substantial Performance. Communication during Construction of the Project 31.0 All written communication between the Legacy and any party with whom the Legacy has contracted to construct the Project shall also be sent to a representative of the Town as nominated by the Town. Liens on Town Property 32.0 Should the Legacy become aware that a lien has been registered against any lands owned by the Town for any reason related to the Project the Legacy shall immediately inform the Town and take all necessary steps to have the lien removed at its own expense. 33.0 The Town may, at its discretion, use the funds it holds in trust for the Legacy to vacate or discharge any lien or to pay any lien claimant amounts claimed to be due. 34.0 Should the Legacy require financing to complete the Project, it will obtain the written permission of the Town before obtaining any financing. 35.0 The Legacy shall not, in the course of obtaining financing or for any other purpose, grant security over any of the lands to which it has access for the purpose of the Project. 36.0 The Legacy shall, at the request of the Town, furnish to the Town reasonable evidence that any financial arrangements made to complete the Project are in good standing. Indemnification 37.0 Except where otherwise prohibited by lav, the Town is hereby indemnified and saved harmless out of the funds of the Legacy, from and against: -7- a. all costs, charges and expenses whatsoever (including amounts paid to settle an action or to satisfy a judgment) that the Town sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against the Town, for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by the Legacy, including breach of this Agreement, in or about the execution of the terms of this Agreement; and, b. all other costs, charges and expenses that the Town sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the wilful neglect or default of the Town or its lawful representatives. 38.0 The Legacy shall purchase and maintain insurance against any liability incurred by the Legacy, which insurance shall name the Town as a named insured. The obligation to obtain such insurance shall not limit in any way the Legacy's obligation to indemnify the Town as set out herein. Such insurance shall have a maximum coverage of not less than $5,000,000. Hazardous Materials 39.0 The Legacy will not bring any hazardous materials to those areas subject to this Agreement without the express permission of the Town, and it shall in any case remain solely responsible for any damage which occurs as a result of the presence of any hazardous substance. 40.0 The Town may stipulate any reasonable condition for the transport and storage of any hazardous materials to, from or on the site of the Project. Dispute Resolution 41.0 All disputes under this Agreement shall be referred to an arbitrator in accordance with the Arbitration Act, 1991, S.O. 1991. The Town may elect, at its sole and absolute discretion, to waive this clause. , -8- Entire Agreement, Modifications, Headings, Severability 42.0 The parties acknowledge that this Agreement constitutes the entire Agreement between them and supersedes all prior representations, warranties, agreements, and understandings, oral or written, between the parties with respect to its subject matter. Unless stated otherwise in this Agreement, this Agreement may not be modified except in writing signed by both parties. The headings to this Agreement are for convenience and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is later held to violate the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force. Enurement 43.0 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and lawful assigns Applicable Law 44.0 This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. Execution 45.0 This Agreement may be executed in counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding their date of execution shall be deemed to bear the date first mentioned above as the effective date of this Agreement. 46.0 This Agreement may be delivered by fax or electronic mail which so executed shall be deemed to be an original. IN WITNESS WHEREOF, the parties have executed this ement effective the date first mentioned above. THE CORPORATION OF Per: THE TOWN OF Name: Stephen B. Molnar TILLSONBURG XX Title: Mayor I have authority to bind the municipality Per: Name: Donna Wilson Title: Clerk I have authority to bind the municipality THE J. L. SCOTT MCLEAN Per: QlgR MEMORIAL LEGACY FUND N e: Jane Mclean Title: I have authority to bind the Legacy PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment JL Scott McLean Legacy Fund Box 30 Tillsonburg, ON N4G 4H5 September 19, 2018 Town of Tillsonburg 204-200 Broadway Tillsonburg, ON N4G 5A7 LETTER OF COMMITMENT The JL Scott McLean Legacy Fund has undertaken to construct an outdoor recreation pad located on town land directly behind the existing Tillsonburg Community Centre. Over the past year, this project has developed from conceptual plans through to the site plan application and building permit processes, whereby we have obtained all necessary approvals from both Tillsonburg Town Council and Staff. We are excited to annowice our intention to commence construction immediately. The total budget of Phase 1 of the project is $681,966 including net HST. On completion it will be a fully functional outdoor recreation pad with dasher boards in the winter months and basketball standards for summer use. The total funds received by the Town to the JL Scott McLean Memorial Trust fund is currently $379,264, the in kind work commitments total $230,168, deferred payments from donations is $93,250. Phase 2 has been deferred until funds become available, and will include the installation and connection of gas fired heaters, an electronic kiosk, benches, bar top tables, two wind shelters, donor monument, stone carving, stone retaining wall, plantings to prepared beds and drinking water fountain for a total of $120,000 including net HST. The JL Scott McLean Legacy fund will commit to bridge the funding for Phase 1 deferred payments of $93,250 so as the Town is not held financially responsible. We have appreciated the Town's support to this project and look forward to continuing this working relationship to see this project to a successful completion. Sincerely, ,e J e Ann McLean Walter Kleer JL Scott McLean Legacy Fund JL Scott McLean Legacy Fund PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE B: CCDC14 Design -Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. I�h�; Design -Build Stipulated Price Contract 2 0 1 3 J.L. Scott McLean Outdoor Recreation Pad Project Number 16018 This agreement is protected by copyright and is intended by the parties to be an unaltered version n GCDC 14 -2013 except to [he eaemt IILfI that any ahera]ions, addhons or modr5cafions are set forth in supplementary conditions. CANADIAr: CONSTPUCTIOI,I DOCUMENTS COMMITTEE The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for the development, production and review of standard Canadian construction contracts, forms and guides. Formed in 1974 the CCDC is made up of volunteer representatives from: Public -Sector Owners Private -Sector Owners *The Association of Consulting Engineering Companies -Canada *The Canadian Construction Association *Construction Specifications Canada *The Royal Architectural Institute of Canada *Committee policy and procedures are directed and approved by the four constituent national organizations. This document has also been endorsed by the Canadian Dcsign-Build Institute. DMI Comments and inquiries should be directed to: Canadian Construction Documents Committee 1900-275 Slater Street Ottawa, ON K I P 5119 613 236-9455 info a ccdc.om ccdc.om CCDC guides are products of a consensus -building process aimed at balancing the interests of all parties on the construction project. They reflect recommended industry practices. Readers are cautioned that CCDC guides do not deal with any specific fact situation or circumstance. CCDC guides do not constitute legal or other professional advice. 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 and interpretation of these guides. CCDC Copyright 2013 Must not be copied in whole or in part without the written permission of the CCDC. Construction Deri> de Specifications Construction `'�!• Cauda Canada TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER A -I Design Services and the Work A-2 Agreements and Amendments A-3 Contract Documents A-4 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 Documents Construction Equipment Consultant Contact Contact Documents Contract Price Contract Time Design -Builder Design Services Drawings Notice in Writing Other Consultant Omer Owner's Advisor Owners Statement o f Requirement Payment Certifier - Place of the Work Product Project Shop Drawings Specifications r Subconlactor Substantial Performance of the Work Supplemental Irstmct ion Supplier Temporary Work Value Added Taxes Work Working Day GENERAL CONDITIONS OF THE DESIGN -BUILD STIPULATED PRICE CONTRACT PART GENERAL PROVISIONS GC 1.1 Contract Documents GC 1.2 Law of the Contract GC 1.3 Rights and Remedies GC 1.4 Assignment GC 1.5 Confidentiality PART ALLOWANCES GC4.1 Cash Allowances GC 4.2 Continacrcy Allowance PARTS PAYMENT GC5A Financing Information Required of the Owner GC 52 Applications for Progress Payment GC 5.3 Progress Payment GC 5A Substantial Performance of the Work GC 5.5 Payment of Holdback upon Substantial Performance of die Work GC 5.6 Progressive Release of holdback GC 5.7 Final Payment GC 5.8 Deferred Work GC 5.9 Nan -conforming Design Services and Work PART 6 CHANGES IN THC CONTRACT GC 6.1 Or<ner's Right to Make Changes GC 61 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 65 Delays GC 6.6 Claims for a Chance in Contract Price PART7 RIGHT TO SUSPEND OR TERMINATE GC 7.1 Owner's Right to Suspend the Design Services or Terminale the Contract Before the Work Commences GC 72 Owner's Right to Perform the Design Services or Work, Terminate the Design -Builder's Richt to Continue with the Design Services or Work, or Terminate the Contract GC 7.3 Design -Builder's Right to Suspend the Design Services or Work, or Terminale the Contract PARTE DISPUTE RESOLUTION GC 8.1 Negotiation, Mediation and Arbitration GC 8.2 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 and Materials 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 102 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees GC 10.4 Workers Compensation PART 11 INSURANCE AND CO\TRACT SECURITY GCI 1.1 Insurance GC 112 Contract Security PART OWNER'S RESPONSIBILITIES PART 12 IN-DEMNIFICATION, LIMITATION OF LIABILITY, GC 2.1 Owner's Information WAIVER Or CLAIMS, AND WARRANTY GC 22 Role of the Owner GC 12.1 Definition and Survival GC 2.3 Owner's Advisor CC 12.2 Indemnification, GC24 Role of the Payment Certifier GC 12.3 Limitation o`Liability, for Design Services GC 2.5 Owner's Review of the Design and the Work GC 12.4 Waiverof Claims GC 2.6 Work by Owner or Other Contractors GC 12.5 Warranty PART DESIGN -BUILDER'S RESPONSIBILITIES GC 3.1 Control of the Design Services and the Work CCDC N is the predict of a consensus -building process aimed at balancing GC 3.2 Design -Builder's Review of Owner's Information the interests of all parties on the construction project. It reflects GC 3.3 Role of the Consultant recommended industry practices. CCDC 14 can have important GC 3.4 Otlner Consultants, Subcontractors, and Suppliers consequences. The CCDC and its constituent member organizations do not GC 3.5 Construction Documents accept any responsibility or liability for loss or damage which may be GC 3.6 Design Services and Work Schedule suffered as a result of the use or interpretation of CCDC 14. GC 3.7 Supervision CCDC Copyright 2013 GC 3.8 Labour and Products Must not be copied in whole or in part without the written permission of the GC 3.9 Documents at the Site CCDC. GC 3.10 Shop Drawings GC 3.11 Non -Conforming Design and Defective Work AGREENIENT BETWEEN OWNERAND DESIGN -BUILDER For use when a stipulated price is the basis of payment. This Agreement made on the,—. --21st day of September in the year __ 2018 by and behveen the parties: J.L. Scott McLean Legacy Fund hereinafter called the " pruner" and PK Construction Inc. hereinafter called the "Design -Builder' The pruner and the Design -Builder agree as follows ARTICLE A -I DESIGN SERVICES AND THE `,YORK The Design -Builder shall: 1.1 provide the Design Semites, and 1.2 perform the !fork for J.L. Scott McLean Outdoor Recreation Pad Project Number 16018 insert above the name ofthe Work located at 45 Hardy Ave., Tillsonburg, ON insert abm,e the Place of the 11ork for which the Agreement has been signed by the parties, and for which PK Construction Inc. -- --_--- insert above the nacre of the Consultant is acting as, and is hereinafter called, the "ConsidtanP', and for which PK Construction Inc. and J.L. Scott McLean Legacy Fund insert above the nome of the Payment Certifier is acting as, and is hereinafter called the Payment Certifier,agwl-�.- ;t r 1 'Strike our if none apponved) Note: 7h is contract is protected by copyright Use of a CCDC 14 document not containing a CCDC l4 cop}wighl seal constitutes an bp higeoient of copw'iabl. Only sign this contact if the document em•er page bears a CCDC 14 copyright seal to denronstra;e that it is intended by the par lies to be an accurate and unamended version ofCCDC 14-1013 ecaept la the extent That acv allegations, additions or modifications are selforth in supptenrentmy tonditioes. CCDC 14-2013 1 1.3 subject to adjustment in Conti act Titre as provided for in the Contract Documents, attain Substanlial Penjormmtce of the Rork by the__ 21st day of _ December in the year _ _2018 ARTICLE A-2 AGREEMENTS AND AMENDI ENTS 2.1 This Contract supersedes all prior negotiations, representations or agreements, either written or oral, including bidding documents that are not expressly listed nl Article A-3 of the Agreement — CONTRACT DOCUMENTS. 2.2 This Contract may be amended only as provided for in the Contract Documents. ARTICLE A-3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement — DESIGN[ SERVICES AND THE WORK: - Agreement Behveen artier and Design -Builder - Definitions in this Contract - General Conditions of this Contract - Owner's Statement of Requirements, consisting of the following gist those ivritten requirements and hrformanon consmtaing those documents intended to comprise the Oumer's Statement ofRegnirenmrls): :Construction of an outduor multi -use recreation pad complete with: !-exterior reinforced concrete 60'x 120' refrigerated pad !-full height dasher boards with removable side sections and end zone only chain link fencing upper containment -total of four fixed basketball standards, two each located on the sides of the pad -two portable hockey nets !-perimeter concrete paving with rubber surfacing adjacent to each side of the rhJk planting beds prepared with irrigation system, no plantings I -site lighting and required electrical services l -three bicycle racks, four garbage bins, three collapsable traffic bollards ;Cash Allowances to be Included (amounts exclude HST): Materia!s Testing and Inspections, b 1,800.00 iCash Contingency to be Included (amounts exclude HST): $20,000.00 I Future Provisions in Design: electronic information kiosk, gas fired heaters, benches, bar top tables, two wind shelters, donor monument, stone carving for donor recognition, stone retaining wall, plantings to prepared beds, and drinking water fountain. i I 1 Construction Documents i ZIVIL DRAWINGS 1 Grading Plan (Rev 1: 5 July 2918 - Revised Per Town Comments) 2 Servicing Pian (Rev 1: 5 July 2014 - Revised Per Town Commens) 3 Details (Rev 1: 5 July 2018 - Revised Per Town Comments) ARCHITECTURAL DRAWINGS At Floor Plan (Rev -: 03'032019 - Issued for ConstncdwilFender) k2 Details (Rev -: CS1032018 - Issued for Construction render) MECHANICAL DRAWINGS WEI Site - MecldElec (Rev -: 2018/08/03 - For Building Permit) !REGRIGERATION DRAWINGS IR 1001 Refingernon Compressor Room: Equipment & Piping Flow D.agra;n (Rev 1: 23 -Jul -I8 - Issue for Coordination) IRI DC5 Outdoor Recreation Pad: Equipment & Piping Flow Diagram (Rev 1: 23 -Jul -18 - Issue for Coordination) !R-1001 TCC Outdoor Artificial Rink: Cooling Brine Mains & Headers Layout (Rev 1: I6 -Jul -I8 - Issue for Coordination) l R2002 TCC Outdoor .Artificial Ice Rink: Rink Pipe Supports & Cooling Rink Piping Layout (Rev I: 16 -Jul -18 -Issue for Coordination) ! 'R3001 TCC Outdoor Artificial Ice Rink: Rink Construction Details & Notes (Rev 1: 16-1u618 - Issue for Coordination) PROJECT SUMMARY -Dated September 21, 2018 (3 PGS) I ;SUPPLEMENTARY CONTRACT CONDITIONS Is PGS) * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents, e.g. Supplementary Conditions; Proposals; Specifications (giving a list of contents with section numbers mid tides, number of pages, date and revision date(s), if m)); Draivings (giving drmrin,* number, title, date, revision date or mark); Addenda (giving title, number. date). Acts:: This contract is pr'oeced by copiTighl. Use of a CCDC 14dacnneat not containing a CCDC 14 cop)Tighr seal continues an infringement of copJTight. Only sign this contract tf the dacument corer page bears a CCDC 14 copyright seal to demonstrate that it is intended by the pat ries to be an accurate and tn.onended version ofCCDC 14- 2013 except to the ¢.tient that mry alterations, additions or nodjcatrorts are setfarth in supplements), conditions. 2 CCDC IJ -2013 ARTICLE A-4 CONTRACT PRICE 4.1 The Connect Price, which excludes Value Added Taxes, is: Six hundred and seventy thousand, one hundred seventy-one .... 00 /100 dollars s 670,171.00 4.2 Value Added Taves (of 13 %) payable by the Outer to the Design -Builder are: Eighty-seven thousand, one hundred twenty-two ...................... 23 /1oo dollars S 87,122.23 4.3 Total amount payable by the Owner to the Design -Builder is: Seven hundred and fifty-seven thousand, two hundred ninety-three..23 /100 dollars $ 757,293.23 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 Amounts are in Canadian funds. ARTICLE A-5 PAYMENT 5.1 Subject to provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of teen_ percent ( 10 %), the Owner shall: .1 make progress payments to the Design -Builder on account of the Contract Price when due in the amount certified by the Panneni Certifier, together with such Value Added Taxes as may be applicable to such payment, and .2 upon Substantial Performance of the Mork, pay to the Design -Builder the unpaid balance of the holdback amount when due, together with such Value Added Tares as may be applicable to such payment, and 3 upon the issuance of the final certificate for payment, pay to the Design -Builder the unpaid balance of the Contract Price when due, together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler and machinery insurance policies, payments shall be made to the Design -Builder in accordance with the provisions of GC 11.1 — INSURANCE. 5.3 Interest .I Should either parry fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annun above the prime rate for the first 60 days. (2) 4% per anmunn 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 TD Canada Trust, 200 Broadway, Tillsonburg, ON ------- ----- -----,--- (Lrseri name of charnered lending insarteron whose prime rate is fo be used) for prime business loans as it may change from time to time. L-nterest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of claims in dispute that are resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, from the date on which 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 Mritingwill be addressed to the recipient at the address set out below. 62 The delivery of a Notice in I:%riling will be by hand, by courier, by prepaid first class mail, by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. Note: This connacf is protected by cop , ighl. Use ofa CCDC l4 donnnenf not containing a CCDC H copyright seat conslifules on it f'rngernenf ofcopyright. Only sign this conlracl if the dxunient caner page bears a CCDC 14 cep}righi seal to denronsn'me that i1 is intended by the parties to be an acnnate and unamended version of CCDC 14- 2013 except to the estenf fhen arry a.4er d nu, additions or nrodifcalions ar e sef forth in sq plemenlary conditions. CCDC 14 - 2013 3 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 shall 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 !Parking Dap, then the Notice in Writing shall be deemed to have been received on the !Forking Day next following such day. 6.4 A Notice in Writing sent by facsimile or other fomt of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a (Forking Dap or if it is received a(icr the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first (forking DoT), next following the transmission. 6.5 An address for a party may be changed by Notice in Ifi'iting to the other party setting out the new address in accordance with this Article. Owner Design -Builder Mme,-! irH'1 IZZ% J.L. Scott McLean Legacy Fund nanre ofOvvrrr• Itox 307, Tillsonhurg, ON, N4G 41-15 Address (519) 842-8732 _ _ jmcleanTi hogarthinsurance.ca _ facsimile nnmber — -------__-��-- "a, ilmldress PK Construction Inc. nave ofDesign-Bonder'----_��--- �. --- — 37 Tillson Street, Unit A, Tillsonburg, Ontario, N4G OB7 Address (519) 842-6134_ _ _ _ _-_ geoff`2a ppkconstmction_ca jacsitaile number emoil od h ess ,tame of avaer's Advisor* Address facsimile number eruad address • /fit is intended that the notice nnnt be receired by a specifuc indiridual. indicate that rndreidoal'3 nanre. •• Strike out this enrry ifno Arner''s Adrisor is designated as per GC 2.3-OItT'ER'S ADVISOR 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/FrXh*** language shall prevail. e*e Complete this statement by striking ora the inapplicable term. Note: This contract is protected by cop)•right. Use of a CCDC 14 dononera not containing a CCDC N cop)rigirt seal confinees al infr iaguneni cf copyrigha. Only sign this coot, act f the docnnew caretpage bears a CCDC 14 eop)right seal to demonstrate that i/ is imeruied by the parties to be an accurate and unanended rersio+r of CCDC 14- 2013 ercept to the a tear that any afteratroas, additions or modfrentions are serforth in supplementary conditions. 4 CCDC 14 - 2013 7.2 This Agreement is drawn in English at the request of the parties hereto. La pidsente convention est redigee en anglais A la demande des parties. ARTICLE A-8 SUCCESSION 8.1 This Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and permitted assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: WITNESS srgualme ► IAI A parr o person nag no..ea pert., rgomg WITNESS name ofperson signing names persorrsigniog OWNER J.L. Scott McLean Legacy Fund name of Vumei sgmaru —'t�J Ioe Ann MMA name ar d tit e or person signing DESIGN -BUILDER PIC Construction Inc, name o Design- io a er Srgnnlur'e mane and nrle cf perr.r rignirrg At B. 117rere legal jurialictiorr, local practice. or Oivnter or Design -Builder regniremeni calls for: (a) proof of amhaity to eseatle this document, attach such proof of authorrif), in the fornn of a eertSRed copy of a resolution naming the represer,ratii e(s) asthoriced to sign the Agreement for anrd art behalf ofthe corporation or paro;ership: or (t) fire afsing otra corporate seal,tltis Agrreemerntshouldtepropertysealed. Note: This contract is protected by copyright. Use of a CCDC 14 docivnew riot containing a CCDC 14 eoppr ight sea( continues ars irf ingenrent ofcop)nghl. Only sign this contract if the doconrenl em'er page bears a CCDC 14 cop)? ighl seat to dernoastrme that it is intended by the parties to be an accurate and imarnended mention of CCDC 1{ _ 1013 except to the event thin any alterations, additions or nrodrfrcalions are sel forth in supplenieolarp conditi.s. CCDC 14 - 2013 5 DEFINITIONS The following Definitions shall apply to all Contract Documents. Change Directive A Change Directive is a written instruction signed by the Owner directing a change in the (Pork or in the Design Services within the general scope of the Contract Documents. Change Order A Change Order is a written amendment to the Contract signed by the Owner and the Design -Builder stating their agreement upon: a change in the (Pork or in the Design Services; - an amendment to the Owner's Statentent of Requirements, if any; - the method of adjustment or the amount of the adjustment in the Contact Price, if any; and - the extent of the adjustment in the Contract Tine, if any. Construction Documents The Construction Documents consist of Dialvings, Specifications, and other documents prepared by or on behalf of the Design -Builder, based on the Contract Documents, and accepted in writing by the Owner and the Design -Builder as meeting the Owner's Statement of Requirements and the general intent of the Contact Documents. Construction Equipment Construction Equipment means machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the (Pork but is not incorporated into the Il ork. Consultant The Co sultans is the person or entity identified as such in the Agreement. The Consultant is the architect, the engineer, or entity licensed to practise in the province or territory of the Place ofdre (Pork and engaged by the Design - Builder to provide all or part of the Design SerTices. 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 thereto agreed upon between the parties. Contract Price The Corlract Price is the amount stipulated in Article A-4 of the Agreement — CONTRACT PRICE. Contract Time The Contact Time is the time stipulated in paragraph 1.3 of Article A -I of the Agreement — DESIGN SERVICES AND THE WORK from the date of the Agreement to the date ofSubstantial Performance of the (Pork. Design -Builder The Design -Builder is the person or entity identified as such in the Agreement. ' Design Services Design Services are the professional design and related services required by the Contract Documents. Drawings The Drawings are the graphic and pictorial potions of the Construction Documents, wherever located and whenever issued, showing the design, location and dimensions of the (Pork, generally including plans, elevations, sections, details, and diagrams. Notice in Writing A Xotice in Writing is a written communication between the parties that is transmitted in accordance with the provisions of Article A-6 of the Agreement — RECEIPT OF AND ADDRESSES FORNOTICES IN WRITING. Other Consultant Other Consultant is a person or entity, other than the C017Sm11a71, that may be engaged by the Design -Builder to perform part of the Design Services. Owner The Owner is the person or entity identified as such in the Agreement. ` Refer to the Supplementary Conditions n'ole: This contract is protected br coTyTight. Use of o CCDC 14 document not con/aiming a CCDC 14 coppright seal constitutes an in f'ingentent of cop)Tighl. Only sign this contract tf the donnnent cover page bears a CCDC 14 cap) -right seat to demonslrare that it is itriended br the Parties to be at, accurate and unamended iersion ofCCDC 1a-1013 except to the extent that any allantions, a:Llaions or inMiificatiotu are setfordt in supplententmy canditimu. 6 CCDC 14-2013 Owner's Advisor The Owner's Advisor, if any, is the person or entity appointed by the Ou'ner and identified as such in the Agreement. Owner's Statement of Requirements The Owner's Statement of Requirements consists of written requirements and information provided by the Owner and as listed in Article A-3 of the Agreement — CONTRACT DOCUMENTS and amendments thereto agreed upon between the parties. * Payment Certifier The Payment Certifier is the person or entity identified as such in the Agreement responsible for the issuance of certificates for payment. Place of the Work The Place ofthe Work is the designated site or location of the Work identified in the Contract Documents. Product Product or Products means material, machinery, equipment, and fixtures incorporated into the (Pork, but does not include Callu17'1/ch017 F_geripment. Project The Project means the avnet's entire undertaking of which the (Pork may be the whole or a part thereof. Shop Drawings Shop Drcnrings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Design -Builder provides to illustrate details of portions of the Work. Specifications The Specifications are that portion of the Construction Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the necessary services for the Work. Subcontractor A Subcontracts• is a person or entity having a direct contract with the Design -Builder to perform a part or parts of the IPork at the Place ofthe 1I'ork. Substantial Performance of the Work Substantial Penforntance ofthe Work is as defined in the lien legislation applicable to the Place of the il'ork. If such legislation is not in force or docs not contain such definition, or if the ilork is governed by the Civil Code of Quebec, Substantial Peiforn7ance of the {fork shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Payment Certifier. Supplemental Instruction A Supplemental instruction is an instruction, not involving adjustment in the Contract Price or Connect Time, in the form of Specifications, Draivirrgs, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Owner 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 Design -Builder to supply Products. Temporary Work Temporary IPork means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the Work but not incorporated into the {Pork. Value Added Taxes Parte Added Taxes means such sum as shall be levied upon the Contract Price by the federal or any provincial or territorial government 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 Design -Builder by tax legislation. Worh The (Pork means the total construction and related services required by the Contract Documents, but does not include Design Services. 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 ofthe Work. ` Refer to the Supplementary Conditions Tome: This contract is prolecled by colright. Use of a CCDC 14 doctunent nor containing a CCDC M copyright seal conslitales on inh'ingennent ofcopyright. Only sign this contract if the docnnrenl corer page bet's a CCDC iJ copyright seal to demonstrate that it is tmended by the parties to he air accurate and unanimeted version ofCCOC 14- 1013 except to the ester/ that mm ahermiorm, additions or nmdiTcartons are set fo'rh in snppleorentarp conditions CCDC 14 - 2013 7 GENERAL CONDITIONS OF THE DESIGN -BUILD STIPULATED PRICE CONTRACT PART GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the design, the labour, the Products and other services necessary for the design and performance of the (York by tate Design -Builder in accordance with these documents. It is not intended, however, that the Design -Builder shall supply products or perform services or work not consistent with, not covered by, or not properly inferable from the Contract Documents. ' 1.1.2 Nothing contained in the Contract Docranents shall create any contractual relationship between the Owner and the ConSlilta7t, an Other Consultant, a Subcontractor, a Supplier, or their agent, employee, or any other person performing any portion of the Design Services or the Mork. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Conhact Documents in accordance with such recognized meanings. 1.1.5 References in the Connect Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 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 the Owner and the Design -Builder, - the Definitions, - Supplementary Conditions, - the General Conditions, - the Owner's Statement ojRegub einents, - the Construction Documents, .2 later dated documents shall govern over earlier documents of the same type, and .3 amendments to documents shall govern over documents so amended. 1.1.7 Copyright for the design and Drawings and electronic media, prepared on behalf of the Design -Builder belongs to the Consultant or Other Consultants who prepared them. Plans, sketches, IAmvnngs, graphic representations, and Specifications, including, but not limited to computer generated designs, are instruments of the Consultant's or Other Consultant's services and shall remain their property, whether or not the (York for which they are made is executed and whether or not the Design -Builder has paid for the Design Services. Their alteration by the Owner is prohibited. 1.1.8 The Avner may retain copies, including reproducible copies, of plans, sketches, Drawings, graphic representations, and Specifications for information and reference in connection with the Owner's use and occupancy of the lYork. Copies may only be used for the purpose intended and for a one time use, on the same site, and for the same Project. Except for reference purposes, the plans, sketches, Drawings, electronic files, graphic representations, and Specifications shall not be used for additions or alterations to the lifork or on any other project without a written license from the Consultant or Other Consultants who prepared the documents, for their limited or repeat use. 1.1.9 The Owner shall be entitled to keep original models or renderings specifically commissioned and paid for. 1.1.10 Should the Owner alter a Consultant's or Other Consultant's instrument of service, or use or provide them to third parties other than in connection with the Pork without informing the Consultant and without the Consultant's or Other Consultant's prior written consent, the Owner shall indemnify the Design -Builder against claims and costs (including legal costs) associated with such improper alteration or use. GC 1.2 LAR' OF THE CONTRACT 1.2.1 The law of the Place of the Mork shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. ' Refer to the Supplementary Conditions Note: This cota'aci is protected by copyright. 64e ofa CCDC 14 donm,ent not containing a CCDC 14 roplright seal constHntes o, infringement of copyright. Only sign this copra act if the docmnent cover page bears a CCDC 14 copyright seal to demonstrate that it is intended by the ponies to be on accurate and unamended version of CCDC 14- 2013 except to the estent that any alterations, additions or n,odijrcotiaiu are ser fart, is supplementary conditions. 8 CCDC 14 - 2013 1.3 .2 No action or failure to act by the Avner, Design -Builder, Consulmnt, Other Consultant, Payment Certifier, or Owner's Advisor shall constitute a waiver of any right or duty afforded to either the Avner or the Design -Builder under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed to in writing. GC 1.4 ASSIGNMENT * 1.4.1 Neither party to the Contract shall assign the Connect or a portion thereof without the prior written consent of the other, which consent shall not be unreasonably withheld. CC 1.5 CONFIDENTIALITY 1.5.1 Where a confidentiality agreement exists or as the Owner otherwise expressly identifies and rcquues, the Avner and the Design -Builder shall keep confidential all matters respecting technical and commercial issues relating to or arising from the performance of the Contract and shall not, without the prior written consent of the other party, disclose any such matters, except in strict confidence, to their respective professional advisors. PART 2 OWNER'S RESPONSIBILITIES CC 2.1 0WNER'S INFORMATION 2.1.1 The Avner shall furnish the information required to complete the Contract promptly to avoid delay in the performance of the Contract. 2.1.2 Unless the Contact Documents specifically state otherwise, the Design -Builder is entitled to rely on the accuracy of all information provided by or on behalf of the Avner without regard for the source ofsuch hnfonuation. 2.1.3 Notwithstanding any other provision of the Contract, the Design -Builder is not responsible for any design errors or omissions in any designs or Specifications provided by or on behalf of the Avner unless the Design -Builder has been specifically requested to review and has accepted in writing those designs and Specifications under the Contract. GC 2.2 ROLE OF THE OWNER 2.2.1 The Avner will render any necessary decisions or provide inshuctions promptly to avoid delay in the performance of the Contact. 2.2.2 All communications between the Avner and the ColnSultal]l, an Other Consultant, a Subcontractor, or a Supplier shall be forwarded through the Design Builder. 2.2.3 The Avner will be, in the first instance, the uhterpi eter of the requ'ir'ements of the Owner's Statement of Requirements. 2.2.4 The Arner will have authority to reject by Notice in Mriting design or work which in the Avner's opinion does not conform to the requirements of the Avner's Statement of Requirements. 2.2.5 Whenever the Avner considers it necessary or advisable, the Avner will have authority to require a review of the Design Services and inspection or testing of the !fork, whether or not such work is fabricated, installed or completed, in accordance with paragraph 2.5.5 of GC 2.5 —OWNER'S REVIEW OF THE DESIGN AND THE WORK. 2.2.6 During the progress of the Design Services or of the Mork the Avner will furnish Supplemental Instructions related to the Owner's Statement of Requirements to the Design -Builder with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Owner and the Design -Builder. CC 2.3 OWNER'S ADVISOR 2.3.1 When the Avner appoints an Owner's Advisor, the duties, responsibilities and limitations of authority of the Avner's Advisor shall be as set forth in the Contract Documents. 23.2 The duties, responsibilities and limitations of authority of the at ner's Advisor as set forth in the Contract Documents shall be modified or extended only with the written consent of the Avner and the Design -Builder. 2.3.3 Subject to any notified limitations in authority, the Design -Builder may rely upon any written instructions or directions provided by the Avner's Advisor. Neither the authority of the Avner's Advisor to act, nor any decision to exercise or not exercise such authority, shall give rise to any duty or responsibility of the Owner's Advisor to the Design -Builder, the Consultant, Otter Consultants, Subcontractors, Suppliers, or their aeents, employees or other persons performing any portion of the Design Services or the f'bi-L ' Refer to the Supplementary Conditions Note.' This eartract is protected by cop), iohl. Use ofa =C fd document not containing a CCDC IJ copyright seat eanslinaes an infringement ofeco),rwhi. 0,:Iy sign this contract if the dacument caner prge bears o CCDC 14 eotaTight seal to demoruhnte tAuI it is intended by the parties to be an accurate and commended version ofCCDC 14 - 2013 except to the extent that a i al era.'ioas, cddirions or modifications are set forth in sopplementary conditions. CCDC IJ -2017 9 2.3.4 if the employment of the Owner's Advisor is terminated, the Owner may appoint or reappoint an Otrner's Advisor against whom the Design -Builder makes no reasonable objection and whose status under the Contract Documents shall be that of the former Owner's Advisor. CC 2.4 ROLE OF THE PAYMENT CERTIFIER 2.4.1 The Owner shall designate a Payment Certifier who will review the Design -Builder's applications for payment and certify the value of the Design Services and of Rork performed and Products delivered to the Place ofthe Rork. 2.4.2 The duties, responsibilities and limitations of authority of the Pcpmnent Certifier as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner and the Design -Builder. 2.4.3 Neither the authority of the Payment Certifier to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Payment Certifier to the Design -Builder, the Consultant, Other Consultants, Subcontractors, Suppliers, or their agents, employees or other persons performing any of the Design Seivices or the Mork. 2.4.4 The PcUmient Certifier will take all reasonable steps to be accessible to the Design-Builcler during performance of the Contract and shall render any necessary decisions or instructions promptly as provided in GC 5.3 — PROGRESS PAYMENT to avoid delay in the processing of payment claims. 2.4.5 Based on the Payment Certifter's observations and evaluation of the Design -Builders applications for payment, the Payment Certifier will determine the amounts owing to the Design -Builder under the Contract and will issue certificates for payment as provided in Article A-5 of the Agreement — PAYMENT, GC 5.3 — PROGRESS PAYMENT and GC 5.7 — FINAL PAYMENT. 2.4.6 All communications between the Payment Certifier and the Consultant, an Other Consultant, a Subcontractor, or a Supplier shall be forwarded through the Design -Builder. 2.4.7 The Payment Certifier will promptly inform the Owner of the date of receipt of the Design-Builcler's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. 2.4.5 If the Payment Certifier's services are terminated, the Prner shall immediately designate a new Payment Certifier against whom the Design-Builcler makes no reasonable objection and whose status under the Contract Documents shall be that of the former Payment Certifier. 2.4.9 The Owner may provide to the Consultant, Other Consultants, Subcontractors or Suppliers, through the Payment Certifter, information as to the percentage of the Design Services and Work that has been certified for payment. CC 2.5 OWNER'S REVIEW OF THE DESIGN AND THE WORK 2.5.1 The Owner shall review the design as set out in the design development documents and proposed Construction Documents as the Design Services proceed, to confum that the design is in compliance with the Owner's Stalenient of Requirements and the Contract Documents. 2.5.2 The Owner shall complete the reviews in accordance with the schedule agreed upon, or in the absence of an agreed schedule, with reasonable promptness so as to cause no delay. 2.5.3 The Owner's review shall not relieve the Design-Builcler of responsibility for errors or omissions in the Construction Documents or for meeting all requirements of the Contract DocImielltS unless the Owner accepts in writing a deviation from the Contract Documents. 2.5.4 No later than 10 days after completing the review, the Owner shall advise the Design -Builder in writing that the Owner has accepted or rejected the proposed Construction Documents. if rejected, the Owner shall inform the Design - Builder of the reasons of non-conformance and the Design -Builder shall revise the proposed Construction Documents to address such non-conformance. The Design -Builder shall inform the Owner in writing of any revisions other than those requested by the Owner. 2.5.5 The Owner may order any portion or portions of the I! ork to be examined to confirm that the If'ork performed is in accordance with the requirements of the Contract Documents. If the Rork is not in accordance with the requirements of the Contract Documents, the Design -Builder shall correct the (fork and pay the cost of examination and correction. If the !Pork is in accordance with the requirements of the Contract Documents, the Owner shall pay all costs incurred by the Design -Builder as a result of such examination and restoration. Kotex 77ris cowr'act is pi olected by eepvright Use of CCDC 14 document not containing a CCDC 14 copyright seal condi Ines an nzfi7ngemeni ofcopy7'igla. Only sign this conn'oct if the document rot er page bears a CCDC 14 copyright seal to demonstrate Ihat it is intended by the parties to be an occur ale and unamended version of CCDC 1-4- 2013 except to the extent that anv afterwiars, additions or mat cation ore setforth inn supplerrienlory conditions. 10 CCDC 14-2013 GC 2.6 WORK BV O\VNER OR OTHER CONTRACTORS 2.6.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform other design or other work with its own forces. 2.6.2 When separate contracts are awarded for other pails of the Project, or when work is performed by the Owner's own forces, the Owner shall: I provide fm the co-ordination of the activities and work of other contractors and Owner's own forces with the Design Services and the Mork; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 — INSURANCE and co-ordinate such insurance with the insurance coverage of the Design -Builder as it affects the Design Services and the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising fionl the work of other contractors or the Owner's own forces. 2.6.3 When separate contracts are awarded for other palls of the Project, or when work is performed by the Owner's own forces, the Design -Builder shall: .I afford the Owner and other contractors reasonable opportunity to store their products and execute their work; .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Owner 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 Design Services or of the Work, prior to proceeding with that portion of the Design Services or of the Work. 2.6.4 Where the Contract Documents identify work to be performed by other contractors or the Avner's own forces, the Design -Builder shall co-ordinate and schedule the Design Services and the (fork with the work of other contractors and the Owner's own forces as specified in the Contract Documents. 2.6.5 Where a change in the Design Services or in the Work is required as a result of the co-ordination and integration of the work of other contractors or Ownei's own forces with the Design Services or with the (fork, 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. 2.6.6 Disputes and other matters in question between the Design -Builder and the Owner's 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 Design -Builder shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owners contains a similar agreement to arbitrate. PART 3 DESIGN -BUILDER'S RESPONSIBILITIES GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK 3.1.1 The Design -Builder shall have total control of the Design Services and of file li'oik and shall direct and supervise the Design Services and the Mork so as to ensure conformity with the Contract Documents. 3.1.2 The Design -Builder shall be solely responsible for the Design Services and construction means, methods, techniques, sequences, and procedures with respect to the Mork. ' 3.1.3 The Design -Builder shall preserve and protect the rights of the parties under the Conn -act with respect to the Design Services to be performed by the Consultant and Other Consultants, and shall enter into a contract with the Consultant and Other Consultants to perform Design Services as provided in the Contract, in accordance with laws applicable at the Place ofthe Mork. :, -ice. - ef!r and c a 1 t 1lpnn tLa a- ,.quart, n,=D,sigl-Buihr't. shalt pro,,, ., provi ,, tti., rt, 'f.,v ' Refer toe Supp emertary Conditions Foie: This contract is protecled by colj,right Use of CCDC 14 document not containing a CCDC 14 copvrighl seal constitutes an infringement ofeoplvight. Om'v sign this coronet if the documenl cover prge bears a CCDC it copyright seal to detnorstrare that it is intended by the po lies to be an acnaale and unamendeA version of CCDC 1J— 2013 esrept to the erten that tan' alleiarions, additions or nodfcations are selforth in supplemervmy condiiors. CCDC 14 — 2013 11 3.1.6 The Design -Builder shall be as fully responsible to the Owner for acts and omissions of the Consultant and Other Consultants, and of persons directly or indirectly employed by the Conshtrant and Other Consultants, as for acts and omissions of persons directly employed by the Design -Builder. 3.1.7 The Design -Builder's responsibility for Design Services performed by the Consultant and Other Consultants shall be limited to the degree of care, skill and diligence normally provided by consultants in the performance of comparable services in respect of projects of a similar nature to that contemplated by this Contract. The Design-Builcler shall ensure that the Consultant and Other Consultants perform the Design Services to this standard. 3.1.8 The Design -Builder shall ensure that the Consultant and Other Consultants provide documentation required by authorities having jurisdiction in accordance with regulations and by-laws in effect at the Place of the fl ork. 3.1.9 The Design -Builder is solely responsible for the quality of the Design Services and of the ilork and shall undertake any quality control activities specified in the Contract Documents or, if none are specified, as may be reasonably required to ensure such quality. 3.1.10 The Design Builder shall provide access to the Work, including parts being performed at locations other than the Place of the Work and to the location where the Design Services are performed, that the Owner, or the Payment Certifier may reasonably require to verify the progress of the lI'ork or Design Services and their conformity to the requirements of the Contract Docronents. The Design -Builder shall also provide sufficient, safe, and proper facilities at all times for such reviews of the Design Services or the !Fork and for inspection of the Work by authorized agencies. 3.1.11 if work is designated for tests, inspections, or approvals in the Contract Documents, or by the instructions of the Owner, the Consultor, or Other Consultants, or the laws or ordinances of the Place of the if ork, the Design -Builder shall give the Owner reasonable notice of when the work will be ready for review and inspection. 3.1.12 The Design -Builder shall arrange for and shall give the Owner reasonable notice of the date and time of inspections by other authorities. 3.1.13 If the Design -Builder 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 Design -Builder shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and restore the covering work at the Design -Builder's expense. 3.1.14 The Design -Builder shall furnish promptly to the Chrner, on request, a copy of certificates, test reports and inspection reports relating to the (York. GC 3.2 DESIGN -BUILDER'S REVIEW OF OWNER'S STATEMENT OF REQUIREMENTS OR OTHER INFORMATION 32.1 The Design -Builder shall promptly notify the Owner of any significant error, inconsistency, or omission discovered in the Owner's Statement of Requirements or other information provided by or on behalf of the Owner. The Design - Builder shall not proceed with the Design Services or IVoik affected until the Design -Builder and the Owner have agreed in writing how the information should be corrected or supplied. 32.2 The Design -Builder shall not be liable for damages or costs resulting from such errors, inconsistencies, or omissions in die Owner's Statement of Requirements or other information provided by or on behalf of the Owner. GC 3.3 ROLE OF THE CONSULTANT 3.3.1 The Consultant or Other Consultants will be, in the fust instance, the interpreter of the requirements of the Construction Documents that they have prepared 3.3.2 The duties, responsibilities and limitations of authority of the Consultant shall be in accordance with paragraph 3.1.4 of GC 3.1 — CONTROL OF THE DESIGN SERVICES AND THE WORK and shall be modified only with the written consent of the Owner, which consent shall not be unreasonably withheld. 3.3.3 If tire C�mzrhtmn'S "'gag -Ment is tntninntcd, the Deitn Bir4i�j 31rall iinincdintel� appoint ei teappoint n C-cintri'mif agaipgt " hon; 414g a ... ;-,- plak"g PQ ramppabla objection and - h0go sfat"g "AdQr 040 cow-g9t Dp�lqn-w; shall bc that— ' Refer to the Supplementary Conditions Tote: This contract is protected br copyrrigld. Use ofa CCDC N document not containing a CCDC N coo, ight seal constitnles an it f ingernent of copyright. Only sign this contract if the document raver page bears a CCDC 14 eop3'righl seal to demonstrate that it is trended by the parties to be an accurate mid mnnnended version of CCDC 14 - 2013 except to the extent that mry aheralions. oddaians or mod firalimn are setfor(h in sr pplenreran• caiuhnors. 12 CCDC 14-2013 GC 3.4 OTHER CONSULTANTS, SUBCONTRACTORS AND SUPPLIERS 3.4.1 The Design -Builder 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 Other Consultants to require them to perform Design Services as provided in the Contract DOCrmrent5; 2. enter unto contracts or written agreements with Subcontractors and Suppliers to require them to perform Bark as required, by the Contract Documents; 3. incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Oiher Consultants, Subcontractors and Suppliers insofar as they are applicable; and 4. be as fully responsible to the Owner for acts and omissions of Other C017sitltanlS, Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Design -Builder. 3.4.2 The Design -Builder shall indicate in writing, at the request of the Owner, the names of Other Consultants, Subcontractors, or Suppliers whose proposals or bids have been received by the Design -Builder which the Design - Builder would be prepared to accept for the performance of a portion of the Design Services or of the Mork. Should the Owner not object before signing the subcontract, the Design -Builder shall employ Other Consultants, Subcontractors or Suppliers so identified by the Design-Builcler in writing for the performance of that portion of the Design Services or of the {Park to which their proposal or bid applies. 3.4.3 The Owner may, for reasonable cause, at any time before the Design -Builder has signed the subcontract, object to the use of a proposed Other Consultant, Subcontractor or Supplier and require the Design -Builder to employ another proposed Other Consultant, Subcontractor or -Supplier bidder. 3.4.4 If the Owner requires the Design -Builder to change a proposed Other Consultant, Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences resulting from such required change. 3.4.5 The Design -Builder shall not be required to employ any Subcontractor, Supplier, Other Consultant, person or firm to whom the Design -Builder may reasonably object. GC 3.5 CONSTRUCTION DOCUM ENTs 3.5.1 The Design -Builder shall submit the proposed Construction Documents to the Owner to review in orderly sequence and sufficiently in advance so as to cause no delay. The Owner and the Design -Builder shall jointly prepare a schedule of the dates for submission and return of proposed Construction Doclmrents. 3.5.2 During the progress of the Design Services, the Design -Builder shall furnish to the Owner documents that describe details of the design required by the Contact Documents. 3.5.3 At the time of submission the Design -Builder shall advise the ai-ner in writing of any significant deviations in the proposed Construction Docunents from the requirements of the Contract Documents. The Owner may or may not accept such deviations. Accepted deviations from the Owner's Statement of Requirements will be recorded in a Change Order. 3.5.4 When a change is required to the Construction Documents it shall be made in accordance with GC 6.1 — OWNER'S RIGHT TO MAKE CI IANGES, GC 6.2 — CHANGE ORDER, or GC 6.3 — CHANGE DIRECTIVE. GC 3.6 DESIGN SERVICES AND WORK SCHEDULE 3.6.1 The Design -Builder shall: .1 promptly after signing the Agreement, prepare and submit to the Owner a Design Services and Fork schedule that indicates the timing of the major activities of the Design Services and of the Mork and provides sufficient detail of the critical events and their inter -relationship to demonstrate that the Design Services and the Mork will be performed in conformity with the schedule; - .2 monitor the progress of the Design Services and of the Mork relative to the schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Owner of any revisions required to the schedule as a result of extensions to the Contract Time as provided in Part 6 of the General Conditions — CI IANGES iN TI IE CONTRACT. Note: This coronet is pr'olecad by coprrlght. Use ofa CCDC IJ docimient not contormng a CCDC 14 copyright seal coaslituhis an h friugenlew of cog , ighl. Only sign this cow,ocl if the document cover page bears a CCDC 14 copi0ght seat to denionsuale that it is Intended by the parties lobe as acnnnte and i mounded version of CCDC 14- 2013 except to the extent chat ar0� alterations, additions or morlificaltw¢ a,e set forth in supplerzrentam condarons. CCDC 14 - 2013 13 GC 3.7 SUPERVISION 3.7.1 The Design -Builder shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Ihork while work is being performed. The appointed representative shall not be changed except for valid reason. 3.7.2 The appointed representative shall represent the Design -Builder at the Place of the Work. Information and instructions provided by the Owner to the Design -Builder's appointed representative shall be deemed to have been received by the Design-Builcler except that Notices in Writing otherwise required under the Contract shall be given as indicated in Article A-6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES iN WRITING. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Design -Builder shall provide and pay for labour, Products, tools, Construction Fquipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with the Contract Documents and their use acceptable to the Owner. 3.8.3 The Design -Builder shall maintain good order and discipline among the Design-Builcler's employees involved in the performance of the Work and shall not employ anyone not skilled in the tasks assigned. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Design-Builcler shall keep one copy of current Owner's Statement of Requirements, Construction Documents, Shop Dtavings, reports, and records of meetings at the Place ofthe Work, in good order and available to the Owner. GC 3.10 SHOP DRAWINGS 3.10.1 The Design -Builder shall provide Shop Drawings as described in the Contract Documents or as the Owner may reasonably request. 3.10.2 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Design -Builder for approval. 3.10.3 The Design -Builder shall review all Shop Drawings before providing them to the Owner. The Design -Builder represents by this review that the Design -Builder has: .l determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and .2 checked and co-ordinated each Shop Drmwing with the requirements of the Contract Documents. 3.10.4 if the Owner requests to review shop drawings, the Design -Builder shall submit them in an orderly sequence and sufficiently in advance so as to cause no delay in the Design Sendces or the Work or in the work of other contractors. The Owner and the Design -Builder shall jointly prepare a schedule of the dates for submission and return of Shop Drawings. _ 3.10.5 The Owner's review under paragraph 3.10.4 is for conformity to the intent of the Contract Documents and for general arrangement only. The Owner's review shall not relieve the Design-Builcler of the responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents unless the Owner expressly accepts a deviation from the Contract Documents by Change Order. GC 3.11 NON -CONFORMING DESIGN AND DEFECTIVE WORK 3.11.1 Where the Owner has advised the Design -Builder, by Notice in Writing, that designs or Specifications fail to comply with the Owner's Statement of Requirements, the Design -Builder shall ensure that the design documents or proposed Construction Documents are promptly corrected or altered. 3.11.2 The Design -Builder shall promptly correct defective work that has been rejected by Notice in Writing by the Owner as failing to conform to the Contact Documents whether or not the defective work has been incorporated in the Mork and whether or not the defect is the result of poor workmanship, design, use of defective products, or damage through carelessness or other act or omission of the Design -Builder. 3.11.3 The Design -Builder shall promptly make good other contractors' work destroyed or damaged by such removals or replacements at the Design -Builder's expense. Note: This conn act is pr orecred by copyright. Use ofa CCDC 14 docs nenl not containing a CCDC 14 cop? ight seal eonstintes mr i iri ingenrent ofcopi right. Ont)• sign this contract if the docs new corer page hears a CCDC 11 copyright seal to denionso ate that if is intended by rhe p v oes to be an acnmale and unanrended version of CCDC 14 - 1013 escepr to /lie extent that am aheialions, additions or nroc!l ations are set forth in sigplemewa. conditions 14 CCDC IJ -2013 3.1 L4 If, in the opinion of the (truer, 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 Design -Builder the difference in value between the work as performed and that called for by the Contract Documents. If the Design -Builder does not agree on the difference hr value, the Design -Builder shall refer the dispute to Part 8 of the General Conditions — DISPUTE RESOLUTION. PART ALLOWANCES GC 4.1 CASH ALLOWANCES 4. Ll The Contract Price includes the cash allowances, if any, stated in the Owner's Statement of Requirements. The scope of work or costs included in such cash allowances shall be as described in the Owner's Slattetnent of Requirements. 4.1.2 The Connect Price, and not the cash allowances, includes the Design -Builder's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner. 4.1.4 %%'here the actual cost of the work performed under any cash allowance exceeds the amount of the allowance, the Design -Builder shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the work performed under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Design -Builder's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between each cash allowance and the actual cost of the work performed under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progness payments. 4.1.7 The Design -Builder and the Owner shall jointly prepare a schedule that shows when the Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Design Services or of the Work. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Owner's Statement of Requirements. 4.2.2 The contingency allowance includes the Design -Builder'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. PART 5 PAYMENT GC 5.1 FINANCING INFORMATiON REQUIRED OF TILE OWNER 5.1.1 The Owner shall, at the request of the Design -Builder, before signing the Contract, and promptly from time to time thereafter, furnish to the Design -Builder 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 Design -Builder Notice in Ifriting of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Connect. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement — PAYMENT may be made monthly as the Design Services and the York progress. 52.2 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 to in writing by the parties. 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of the Design Sendces and of the (Pork performed and Prochicts delivered to the Place ofthe (Fork as of the last day of the payment period. Note: This contract is protected by coprr fight. Use ofa CCDC 14 docmnew not containing a CCDC iJ copi right seal constables an it fingemew of mplv'ight. Ont, sign this contract if the document corer page bears a CCDC 14 comv'ighI seal to denranso'ate that it is intended bo the parties to be an acnvate mKl ,.untended version ofCCDC 14 - 2013 except to the erten Thal anv alteration, additions or nrodfcalirnrs are selforth in.supplementan amiditions. CCDC 14-2013 15 5.2.4 The Design -Builder shall submit to the Ptonnent Certifier, at least 15 calendar days before the first application for payment, a schedule of values for the parts of the Design Services and of die Work, aggregating the total amount of the Conh-act Price, so as to facilitate evaluation of applications for payment. 5.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Payment Certifier may reasonably direct, and when accepted by the Pcnnnent Certifier, shall be used as the basis for applications for payment unless it is found to be in error. 5.2.6 The Design -Builder shall include a statement based on the schedule of values with each application for payment. 5.2.7 A declaration by the Design -Builder as to the distribution made of the amounts received using document CCDC 9A — Statutory Declaration of Progress Payment Distribution by Contractor shall be joined to each application for progress payment except the first one. 5.2.8 Applications for payment for Products delivered to the Place ofthe {Work but not yet incorporated into the IV ork shall be supported by such evidence as the Payment Certifier may reasonably requu"e to establish the value and delivery of the Products. * GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Payment Certifier of an application for payment submitted by the Design -Builder in accordance with GC 5.2 — APPLICATIONS FOR PROGRESS PAYMENT: I the Payment Certifier will promptly inform the ailner of the date of receipt and value of the Design -Builder's application for payment, .2 the Payment Certifier will issue to the Owner and copy to the Design-Builcler, 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 Payment Certifier determines to be properly due. If the Prrynient Certifier amends the application, the Payyment Certifier will promptly advisetheDesign-Builder in writing giving reasons for the amendment, .3 the Owner shall make payment to the Design -Builder on account as provided in Article A-5 of the Agreement — PAYMENT on or before 20 calendar days after the later of: — receipt by the Payment Certifier of the application for payment, or — the last day of the monthly payment period for which the application for payment is made. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Design -Builder considers that the Work is substantially performed or, if permitted by the lien legislation applicable at the Place of the Mork, a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Design -Builder shall prepare and submit to the Payment Certifier appropriate documents as required by the Contract Documents together with a written application for a review by the Payment Certifier to establish Substantial Performance of the Work or substantial performance of the designated portion of the I7ork. Failure to include this information does not alter the responsibility of the Design -Builder to complete the Conh"oct. 5.4.2 The Design -Builder's application for Substantial Performance of the VPork shall include a statement fern the Consultant, and Other Consultants in support of the submitted information and the date of Substantial Performance of the !Work or designated portion of the VV'ork. 5.4.3 The Payment Certifier shall, within 7 calendar days after receipt of the Design -Builder's application for Substantial Penformanee of the Fork, issue a certificate of the Substantial Performance of the Mork which shall state the date of Substantial Performance of the Rork or designated portion thereof or advise the Design -Builder in writing of the reasons for which such a certificate is not issued. ` 5.4.4 If the applicable lien legislation requires the Consultant to determine whether the Mork has been substantially performed, the Consultant shall issue a certificate of the Substantial Performance of the [Fork which shall state the date of Substantial Performance of the Mork or designated portion of the IYork or advise the Design -Builder in writing of the reasons for which such a certificate is not issued. 5A.5 Immediately following the issuance of the certificate of Substantial Perforniance of the Mork, the Design -Builder, in consultation with the Owner will establish a reasonable dale for completing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of die certificate of Substantial Performance ofthe Mork, the Design -Builder shall: .I submit an application for payment of the holdback amount, .2 submits a CCDC 9A Statutory Declaration of Progress Payment Distribution by Contractor. Refer to the Supplementary Conditions Note: This contract is protected by copyright Use of a CCDC U donm+eul nm containing a CCDC 14 coprmight seal constinnes an ir+fmkn eoiew ofcayrrtght. Only sign this canton if the donm+ent corer page beets a CCDC 14 copyrighu seal to demwuvale that it is iniended be the parties to be an ocnnrae and unamended version efCCDC /1- 20'13 except to the extent Iha1 mq-aheralmns, additions or mVcations are setforlh in s:rjgdrmm�rnp•cand;lions. 16 CCDC 14 - 2013 5.5.2 After the receipt of an application for payment fionn the Design -Builder and the statement as provided in paragraph 5.5.1, the PaVment Certifier will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place ofdle Work, place the holdback amount in a bank account in the joint names of the Owner and the Design -Builder. * 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the {fork. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any suns required by law to satisfy any liens against the !(cork or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Design -Builder which are enforceable against the Owner. r 8111@1 111;1d Pa!43'RIORBOAF�'GWA43 o u a .. * CC c L rnnnnrccntr Urr r $SL Or rsnt Daws: . o l 6fibe 4;94, tile Gi ffet, shall pfly flie Desigoi Rt4,k-o- the holdbaelt a1ii9ent Fetflitied r,81 Stleh Sill3eafi!Fet4 o , o - CC 5.7 FINAL PAYMENT 5.7.1 When the Design -Builder considers that the Design Services and the !fork are completed, the Design -Builder shall submit an application for final payment. 5.7.2 The Payment Certifier will, no later than 10 calendar days after the receipt of an application from the Design -Builder for final payment, verify the validity of the application and advise the Design -Builder in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Payment Certifier finds the Design -Builder's application for final payment valid, the Payment Certifier will promptly issue a final certificate for payment. * 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 — WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the !fork, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Design -Builder as provided in Aniicle A-5 of the Agreement — PAYMENT. * Refer to the Supplementary Conditions Note: 77us contract is protected by copyright. Use of a CCDC 14 document not containing a CCDC 14 copyright seal coosloutes ao iob;ingenient of copyright. Only sign this contract if the dacnmeni corer page bears a CCDC 14 cop)'right seal to demanvirate that it is intended by the pro ties to be an accurate ant atamemfed version of CCDC 14 - 2013 except to the erten! that am, alterations, additions or utod fcatiau are setfartlt in sapplentenmrn condiltars. CCDC 14-2013 17 GC 5.8 DEFERRED WORK 5.8.1 1fbecause of climatic or other conditions reasonably beyond the control of the Design -Builder, there are items of work that cannot be performed, payment in fill for that portion of the Design Services or IPork which has been performed as certified by the Paynter Certifier shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portions of the Design Services and Work are finished, only such amount that the Pcpvnrent Certifier determines is sufficient and reasonable to cover the cost of performing such remaining work. CC 5.9 NON -CONFORMING DESIGN SERVICES AND WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the (Pork by the Owner shall constitute an acceptance of any portion of the Design Services and the !Pork which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES iN THE CONTRACT * GC 6.1 OWNER'S RiGHT TO MAKE. CHANGES 6.1.1 The Owner without invalidating the Contract, may make: .l changes to the Work or to the Owner's Statement of Requirements consisting of additions, deletions or revisions to the Design Services or to the Jilin k, by Change Order or Change Directive, and .2 changes to the Contract Time by Charge Order. 6.1.2 The Design -Builder shall not perform a change in the Design Services, Construction Documents or to the Work without a Change Order or a Charge Directive. CC 6.2 CHANGE ORDER 6.2.1 When a change is proposed or required, the artier or the Design -Builder shall provide a written description of the proposed change to the other party. The Design -Builder shall present, in a form acceptable to the Owner, a method of adjustment or an amnllnt of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change. 6.2.2 When the Owner and Design -Builder 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 Design Services or the Work performed as the result of a Change Order shall be included in applications for progress payment. 6.2.3 If the Owner requests the Design -Builder to submit a proposal for a change and then elects not to proceed with the change, a Change Order shall be issued by the Owner to reimburse the Design -Builder for all costs incurred by the Design -Builder in developing the proposal, including the cost of the related Design Services. GC 6.3 CHANGE DIRECTIVE 6.3.1 if the Owner requires the Design -Builder to proceed with a change prior to the Owner and the Design -Builder agreeing upon the corresponding adjustment in Contract Price and Contact Time, the Owner shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Design -Builder shall proceed promptly with the change. 6.3.5 For the purpose of valuing Change Directives, changes 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 Design -Builder's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: I If the change results in a net increase in the Design -Builder's cost, the Contract Price shall be increased by the amount of the net increase in the Design -Builder's cost, plus the Design -Builder's percentage fee on the net increase. Refer to the Supplementary Conditions Note: This emmnn is protected by copyright. Use of a CCDC N document nol containing a CCDC N copyright seal consiitwes art inn vigemen f of copyright. Only sign this conhacl if the document cover page bears a CCDC IJ copyright seat to demonstrate that it is intended by rhe parties to be an accurate and nmmmended version of CCDC N- 2013 esrept to the eTtent that arm aherations, additions or mo hfitcatrorct ore setforth in snpplemenlary conditions. 18 CCDC 14 - 2013 .2 If the change results in a net decrease in the Design -Builder's cost, the Cotracl Price shall be decreased by the amount of the net decrease in the Design -Builder's cost, without adjustment for the Design -Builder's percentage fee. 6.3.7 The cost of performing the work attributable to the Change Directive shallbe limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Design -Builder under a salary or wage schedule agreed upon by the Owner and the Design -Builder, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Design -Builder, for personnel: (1) stationed at the Design -Builder's field office, in whatever capacity employed; (2) engaged in expediting file production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Strop Drcnrings, fabrication drawings, coordination drawings, and project record drawings; or (4) engaged in the processing of changes in the Design Sen -ices or in the lhork; .2 contributions, assessments, or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Design -Builder and included in the cost of the work as provided in paragraphs 6.3.7.1; .3 travel and subsistence expenses ofthe Design -Builders personnel described in paragraphs 6.3.7.1; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporal), Mork, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the 117ork, and cost less salvage value on such items used but not consumed, which remain the property of the Design -Builder; .6 all tools and Construction Fquipment, exclusive of hand tools used in the performance of the Work whether rented fiom or provided by the Design -Builder or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Design -Builder's field office; .8 deposits lost; - .9 the cost of Design Services includin.g all fees and disbursements of the Consultant and Other Consultants engaged to perform such services; .10 the amounts of all subcontracts; .11 quality assurance such as independent inspection and testing services; .12 charges levied by authorities havingjurisdiction at the Place ofthe lNorl..; .13 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefore subject always to the Design -Builder's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 — PATENT FEES; .14 any adjustment in premiums for all bonds and insurance which the Design -Builder is required, by the Contract Documents, to purchase and maintain; .15 any adjustment in taxes, other than Value Added Taves, and duties for which the Design -Builder is liable; .16 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .17 removal and disposal of waste products and debris; and .I8 safety measures and requirements. 6.3.8 Notwithstanding other provisions contained in the General Conditions of the Conarcl, it is the intention ofthe 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 or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Design -Builder to exercise reasonable care and diligence in the Design -Builder's attention to the Design Services or to the Mork. Any cost due to failure on the part of the Design -Builder to exercise reasonable care and diligence in the Design -Builder's attention to the Design Services or to the Nark shall be borne by the Design - Builder. 6.3.9 The Design -Builder 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 Onrner with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directors, the Owner shall be afforded reasonable access to all of the Design - Builder's pertinent documents related to the cost of performing the work attributable to the Change Directive. Note: This conn act is protected by copy, ighl. Use of a CCDC 1 a document not containing a CCDC N copyright seal constitutes an mf, ingement of coppright. Ont- sign this coal, act if the document corer page bears a CCDC N copyright seat to demonst, ale that it is intended by the parties to be at accurate and un,mrended version of CCDC 14 - 2013 except to the ¢tent that aro olternlian, adhriais or prod fcatioar a'e set forth in .nhpplemenlan• conditions. CCDC 14 - 2013 19 6.3.1 I 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 to be included hi progress payments. 6.3.12 If the Owner and Design -Builder do not agree on the proposed adjustment in the Contract Time attributable to the change, or the method of determining it, the adjustment shall be referred to the provisions of PART 8 — DISPUTE RESOLUTION, for determination. 6.3.13 When the Owner and the Design-Builcler reach agreement on the adjustment to the Contract Price and to the Contract Tirne, this agreement shall be recorded in a Change Order. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Design -Builder discovers conditions at the Place ofthe Work which are: I subsurface or otherwise concealed physical conditions which existed before the commencement of the Contract and which 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 Gom 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 Owner will promptly investigate such conditions. if the conditions differ materially firom the Contract Documents and this would cause an increase or decrease in the Design -Builder's cost or time to perform the Design Sen -ices or the !fork, the 0.vner will issue appropriate instructions for a change in the Contract as provided bt GC 6.2 — CHANGE ORDER or GC 6.3 — CHANGE DIRECTIVE. 6.4.3 If the Owner is of the opinion that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Tirane is justified, the Owner will advise the Design -Builder in writing of the grounds on which this opinion is based. 6.4.4 The Design-Builcler shall not be entitled to an adjustment in the Contract Price or the Contract Time if such conditions were reasonably apparent during the request for proposal period or bidding period and prior to proposal closing or bid closing. 6.4.5 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 AND MATERIALS, GC 9.3 —ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Design -Builder is delayed in the performance of the Design Services or the ii'ork by an action or omission of the Owner or anyone employed or engaged by the Owner directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as agreed between the Owner and the Design -Builder. The Design -Builder shall be reimbursed by the Owner for reasonable costs incurred by the Design - Builder as the result of such delay. 6.5.2 If the Design -Builder is delayed in the performance of the Design Services or the Mork 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 Design -Builder or any person employed or engaged by the Design Builder directly or indirectly, then the Contract Time shall be extended for such reasonable time as agreed between the arner and the Design -Builder. The Design-. Builder shall be reimbursed by the Owner for reasonable costs incurred by the Design -Builder as the result of such delay. 6.5.3 If the Design -Builder is delayed in the performance of the Design Services or the !Pork by: I labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Design -Builder is a member or to which the Design -Builder is otherwise bound), or .2 fire, unusual delay by common carriers or unavoidable casualties, or .3 abnormally adverse weather conditions, or .4 any cause beyond the Design -Builder's control other than one resulting fiom a default or breach of Contract by the Design -Builder, then the Contract Tine shall be extended for such reasonable time as agreed between the Owner and the Design - Builder. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless .the Design -Builder agrees to a shorter extension. The Design -Builder shall not be entitled to payment for costs Note: This contract is protected br cop/•rtgN Use ofa CCDC t{ docs mens not containing a CCDC /f coo, ight seal conslau/es an rn/'ingemew of copt+ighl Only sign this conn'act if the document corerpage terns a CCDC 14 cot) righl seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC N - 2013 ercepl to the extent that amp alterations, additions or modifications are setfortr it snpplemenmry conditions. 20 ccuc 14 - 2013 incurred by such delays unless such delays result from actions of the Owner, or anyone employed or engaged by the Owner directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in 11'riting of the cause of delay is given to the (Artier no later than 10 Working Doys 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 Any adjustment to Contract Price and Contract Tirne required as a result of GC 6.5 — DELAYS shall be made as provided in GC 6.1 — OR NER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER, and GC 6.3 — CHANGE DIRECTIVE. GC 6.6 CLAINIS FOR A CHANGE IN CONTRACT PRICE 6.6.1 if the Design -Builder intends to make a claim for an increase to the Contract Price, or if the arner intends to make a claim 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, to give the other party the opportunity to take actions to mitigate the claim. 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: I 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 other party a detailed account of the amount claimed and the grounds upon which the claim is based. 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 regular intervals as agreed between the parties, submit father interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The patty 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 If the Owner and Design -Builder are in disagreement regarding the basis for the claim or its valuation, the matter shall be settled in accordance with Part 8 of the General Conditions — DiSPUTE RESOLUTION. PARTIF itIGHT TO SUSPEND OR TERMINATE GC 7.1 OWNER'S RiGHT TO SUSPEND THE DESIGN SERVICES OR TERMINATE THE CONTRACT BEFORE THE WORK COMMENCES 7.1.1 The Owner may, at any time before the Mork commences at the Place of the Work, suspend performance of the Design Services by giving Notice in Writing to the Design -Builder indicating the expected length of the suspension. Such suspension shall be effective in the manner as stated in the Notice in Writing and shall be without prejudice to any claims which either party may have against the other. 7.1.2 Upon receiving a notice of suspension, the Design -Builder shall, subject to any directions in the notice of suspension, suspend performance of the Design Services. 7.1.3 If the Design Services are suspended for a period of 20 !Corking Daps or less, the Design -Builder, upon the expiration of the period of suspension, shall resume the performance of the Design Services in accordance with the Contract Documents. The Contract Price and Contract Tine shall be adjusted as provided in paragraph 6.5.1 of GC 6.5 — DELAYS. 7.1.4 if, after 20 Working Daps from the date of delivery of the Notice in Writing regarding the suspension of the Design Services, the Avner and the Design -Builder agree to continue with and complete the Design Services and the Work, the Design -Builder shall resume the Design Services in accordance with any terns and conditions agreed upon by the Owner and the Design -Builder. Failing such an agreement, the Owner shall be deemed to have terminated the Contract and the Design -Builder shall be entitled to be paid for all Design Services performed and for such other damages as the Design -Builder may have sustained, including reasonable profit, as a result of the termination of the Contract. A'ate: This contract is protected by con right. Use aJa CCDC 14 dncurnenr nM containing a CCDC 14 copvrlght seal constilutes m+ i+f•ingeniew ofcoln'righl. Gish, sign this coots act f the document cover page bears a CCDC N copyright seat to d:umnsirate Char it is intended by the pontes to be an amn'ale and mrarnended version otCCDC N - 2013 weepf to she eview that amattemlimrs, a d tions or modifications are set foilh in snpp(emenlnn cmrslilicns. CCDC 14 - 2013 21 GC 7.2 OWNER'S RIGHT TO TERMINATE THE DESIGN -BUILDER'S RiGHT TO CONTINUE WiTH THE DESIGN SERVICES OR WORK, OR TERMINATE THE CONTRACT 7.2.1 If the Design -Builder is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Design -Builder's insolvency, or if a receiver is appointed because of the Design -Builder's insolvency, the Olvner may, without prejudice to any other right or remedy the Owner may have, terminate the Design -Builder's right to continue with the Design Services or Mork, by giving the Design -Builder or receiver or trustee in bankruptcy Notice in IIt-hing to that effect - 7.2.2 if the Design -Builder neglects to properly perform the Design Services or Bork, or otherwise fails 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 Design -Builder Notice in Writing that the Design -Builder is in default of the Design - Builder's contractual obligations and instruct the Design -Builder to correct the default in the 5 Morking Days immediately following the receipt of such Notice in [I'riling. 7.2.3 if the default cannot be corrected in the 5 [Forking Daps specified or in such other time period as may be subsequently agreed in writing by the parties, the Design -Builder shall be in compliance with the Owner's instructions if the Design -Builder: .I commences the correction of the default within the specified or agreed time, as the case may be, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contact terms and with such schedule. 7.2.4 If the Design -Builder fails to correct the default in the time specified or in such other time period as may he subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: * .1 cmTect such default and deduct the cost thereof fiom any payment then or thereafter due the Design -Builder provided the Pcp?orent Cerlifier has certified such cost to the Owner and the Design -Builder, or .2 terminate the Design -Builder's right to continue with the Design Services or {Fork in whole or in part, or .3 terminate the Contract. 7.2.5 If the Owner terminates the Design -Builder's right to continue with the Design Services or Work as provided in paragraphs 7.2.1 and 7.2.4, or if the Owner terminates the Contract, the Owner shall be entitled to: .1 use the plans, sketches, Drawings, graphic representations and Specifications pursuant to paragraph 1. 1.8 of GC I.I — CONTRACT DOCUMENTS, as reasonably required for the completion of design and construction of the Project, but unless otherwise agreed, the Consultant and Other Consultants shall not assume any responsibility or liability resulting from use of such documents which may be incomplete; .2 take possession of the [Fork and Products at the Place of the [Fork, and subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work, and finish the Design Services and Work by whatever method the Owner may consider expedient, but without undue delay or expense; .3 withhold further payment to the Design -Builder until final payment is determined in accordance with paragraphs 7.2.5.4 and 7.2.5.5; * .4 charge the Design -Builder the amount by which: (1) the full cost of finishing the Design Services and the Work, as certified by the Payurent Ceriifier, including compensation to the Payment Certifier for the Payment Certifier's additional services, plus (2) a reasonable allowance as determined by the Papinent Ceriifier to cover the cost of corrections to work performed by the Design -Builder that may be required under GC 12.5 — WARRANTY, together exceeds the unpaid balance of the Contact Price; however, if such cost of finishing the Design Services and the Mork is less than the unpaid balance of the Contact Price, the Owner shall pay the Design -Builder the difference; and .5 on expiry of the warranty period, charge the Design -Builder the amount by which the cost of corrections to the Design -Builder's work under GC 12.5 — WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Design -Builder the difference. 7.2.6 The Design -Builder's obligation under the Contact as to quality, correction and warranty of the Bork perforated by the Design -Builder up to the time of termination shall continue after such termination of the Contract. * Refer to the Supplementary Conditions Toter This contract is pi otecied by cop yr'ighl. Use of a CCDC N docunrent not containing a CCDC N coplrighl seal constitutes an igfringenrew of color ighl. Only sign this contract if the donnnent rover page bears a CCDC M coimvghl seat to demonstrate that it is intended by the par lies lobe an accurate ort arra... ended version of CCDC 14 - 2013 except to the evient Ural mn� aherorions, additions or niodifrcsGons are seifonh in. supplenrenlmr tondilions 22 CCDC 14 - 2013 GC 7.3 DESIGN -BUILDER'S RIGHT TO SUSPEND THE DESIGN SERVICES OR WORK, OR TERMINATE THE CONTRACT 7.3.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owners insolvency, or if a receiver is appointed because of the Owners insolvency, the Design -Builder may, without prejudice to any other right or remedy the Design -Builder may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in IPriting to that effect. 7.3.2 If the Design Services or Mork are suspended or otherwise delayed for a period of more than 20 II'orking Days 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 Design -Builder or of anyone directly or indirectly employed or engaged by the Design -Builder, the Design - Builder may, without prejudice to any other right or remedy file Design -Builder may have, terminate the Contract by giving the Ourner Notice in I f citing to that effect. 7.3.3 The Design -Builder may give Notice in iVriring to the Ourner that the Owner is in default of the Owner's contractmual obligations if: .l the Ourner fails to furnish, when so requested by the Design -Builder, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Conrad, or .2 the Payment Certifier fails to issue a certificate as provided in GC 5.3 — PROGRESS PAYMENT, or .3 the Owner fails to pay the Design -Builder when due the amounts certified by the Pcorment Certifier or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree. 7.3.4 The Design -Builder's Notice in Mriting to the Owner provided under paragraph 7.3.3 shall advise that if the default is not corrected within 5 iT orking Days following the receipt of the Notice in ii-iting, the Design -Builder may, without prejudice to any other right or remedy the Design-Builcler may have, suspend the Design Services or the Mork, or terminate the Contract. 7.3.5 if the Design -Builder suspends the Mork pursuant to paragraph 7.3.4, the Design -Builder shall: .1 at the cost of the Owner maintain operations necessary for safety reasons and for care and preservation of the II'ork, .2 make reasonable efforts to delay Product deliveries, and .3 not remove fiom the Place ofihe Morkany part of the II'ork or any Products not yet incorporated into the Bork. 7.3.6 If the Design -Builder terminates the COrlh'oel under the conditions set out above, the Design -Builder shall be entitled to be paid for all Design Services and IVork performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and for such other damages as the Design -Builder may have sustained as a result of the termination of the Contract. PART 8 DISPUTE RESOLUTION GC 8.1 NEGOTIATION, MEDIATION AND ARBITRATION 8. L I Differences between the parties to the Contact as to the interpretation, application or administration of the Contact or any failure to agree where agreement between the parties is called for, herein collectively called disputes, shall be settled in accordance with the requirements of Part 8 of the General Conditions — DISPUTE RESOLUTION. 8.1.2 If a dispute does arise, 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. 8.1.3 if the parties do not reach an agreement, either party shall send a Notice in II'riting of dispute to the other party which contains the particulars of the matter in dispute, the relevant provisions of the Contract Documents and, if a Project Mediator has not already been appointed, a request that a Project Mediator be appointed. The responding party shall send a Notice in IIriling of reply to the dispute within 10 II'orking Dco s after receipt of such Notice in J1riting, setting out particulars of the response and any relevant provisions of the Contract Documents. 8.1.4 If a dispute is not resolved promptly, the Owner will issue such instructions as necessary to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Design -Builder costs incurred by the Design -Builder in carrying out such insnvctions which the Design-Bui/der was required to do beyond what the Contact Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Design Senvices or the II'ork. Nate: This contract is protected br ca1971ghl. Use aria CCDC N document nor cortalning a CCDC 14 copyright seal carslilules an if if, ingenient ofcogtrighl. 0,26 sign this corn, act if the dccrmenr corer page bears a CCDC 14 cop) right seal to dernonstrote that it is intended by the parties to be an acenate mrd commended version of CCDC M - 2013 crept to the extent that ar±v alleralious, additions or nnod(cations are setforlh in sapplementarr conditioe.v. CCDC I I - 2013 23 8.1.5 The patties shall, in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of proposal closing or bid closing, appoint a Project Mediator: .1 within 20 IVorking Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 IVorking Days, within 10 IVorking Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.1.6 After a period of 10 IVorking Daps following receipt of a responding party's Notice in IVriting of reply under paragraph 8.1.3, 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 and Arbitration of Construction Disputes as provided in CCDC 40 Rules for Mediation and Arbitration of Construction Disputes in effect at the time of proposal closing or bid closing. 8.1.7 If the dispute has not been resolved within 10 IVorking Days after the Project Mediator was requested under paragraph 8.1.6 or within such further period agreed by the parties, the Project Mediator shall tenninate the mediated negotiations by giving Notice in Writing to the Owner and the Design -Builder. 8.1.8 By giving a Notice in 10-iting to the other party not later than 10 IVorking Days after the date of termination of the mediated negotiations under paragraph 8.1.7, either party may refer the dispute to be finally resolved by arbitration conducted in accordance with the Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of proposal closing or bid closing. The arbitration shall be conducted in the jurisdiction of the Place ofthe (Pork. 8.1.9 On expiration of the 10 IVorking Drugs stipulated hr paragraph 8.1.8, the arbitration agreement under paragraph 8.1.8 is not binding on the parties and, if a Notice in 11'riting is not given under paragraph 8. 1.8 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. 8.1.10 If neither party, by Notice in IVriting, given within 10 IVorking Days of the date of Notice in IVriting requesting arbitration in paragraph 8.1.8, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.1.8 shall be .1 held in abeyance until (1) Substantial Penformmneeofthe lV'ork, (2) the Contract has been terminated, or (3) the Design -Builder has abandoned the Design Services or the Mork, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.1.8. GC 8.2 RETENTION OF RIGHTS 8.2.1 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 io ffriting required under Part 8 of the General Conditions — DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.4. 8.2.2 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 thejurisdiction of the Place ofthe Wank and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that parry may have under paragraph 8. 1.9 of GC 8.1 —NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. 8.2.3 Part 8 of the General Conditions — DISPUTE RESOLUTION shall survive suspension or termination of the Contract. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Design -Builder shall protect the Mork and the Owner's property and property adjacent to the Place of the Mork from damage which may arise as the result of the Design -Builder's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .I errors in the Owner's Statement of Requirements, or .2 acts or omissions by the Owner, the Owner's agents and employees. 9.1.2 Before commencing any work, the Design -Builder shall determine the location of all underground utilities and structures that are reasonably apparent in an inspection of the Place of the Mork. Able: This contract is protected by col, right. L'se ofa CCDC I4 doamient not cowaining a CCDC l4wgvrigla seal conslaWes an v fr ingrment gfcoplright. On/v sign this contract if the donniiew rover page bears a CCDC 14 copyright seal to denromnane that it is intended Er the par lies to bean acct r le and unamended version of CCDC M - 1013 escept to the erten/ thou win oherafimic, additions a, mod fcatians erre set forth in uipplementan, eondilions. 24 CCDC 14-2013 9.1.3 Should the Design -Builder in the performance of the Contract damage the (Cork, the Owner's property, or property adjacent to the Place of the Work, the Design -Builder shall be responsible for making good such damage at the Design -Builder's expense. 9.1.4 Should damage occur to the !fork or Owners property for which the Design -Builder is not responsible, as provided in paragraph 9.1.1, the Design -Builder shall make good such damage to the fl ark and, if the Owner so directs, to the Owners 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 AND MATERIALS 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 IVork with respect to existing conditions. 9.2.2 Prior to the Design -Builder commencing the Design Sen -ices or (fork, the Owner shall, subject to legislation applicable to the Place of the Work: I take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Design -Builder 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 Mark and that no property is damaged of destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place ofthe IVork prior to the Design -Builder commencing the (fork. 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 IVork, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Design-Builcler commencing the {York. 9.2.5 If the Design -Builder encounters toxic or hazardous substances at the Place of the Work or has reasonable grounds to believe that toxic or hazardous substances are present at the Place ofthe (fork, which were not brought to the Place of the !fork by the Design -Builder or anyone for whom the Design -Builder 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 Design - Builder shall: I take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by legislation applicable to the Place oflhe Work, and - .2 immediately report the circumstances to the Owner in writing. 9.2.6 if the Owner and Design -Builder do not agree on the existence or significance of the toxic or hazardous substances, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Design -Builder or anyone for whom the Design -Builder is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and make a determination on such matters. The expert's report shall be delivered to the Oraner and the Design -Builder. 9.2.7 If the Owner and Design -Builder 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 (fork by the Design Builder or anyone for whom the Design Builder is responsible, the Owner shall promptly at the Owner's own expense: .l take all steps as required under paragraph 9.2.4; .2 reimburse the Design -Budder for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract Time for such reasonable time as agreed between the Design -Builder and the Owner in consultation with the expert referred to in 9.2.6 and reimburse the Design -Builder for reasonable costs incurred as a result of the delay; and .4 indemnify the Design -Builder as required by GC 12.2 — INDENINIFICATiON. 9.2.8 If the Owner and Design -Builder agree or if the expert referred to in paragraph 9.2.6 dclenmines that the toxic or hazardous substance was brought onto the Place of the (fork by the Design -Builder or anyone for whom the Design - Builder is responsible, the Design -Builder shall promptly at the Design -Builder's own expense: .I take all necessary steps, in accordance with applicable legislation in force at the Place of the {fork, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the IVork, the arner's property or property adjacent to the Place of to Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY; Able- This contract is protected by copes ighl. Use of a CCDC N document rroi emvaining a CCDC 14 cap9Tighl seat constinoes an it f'ngemear of copprighl. Orn, sign this contract if the document corer page bean a CCDC 14 copyright seal to demonstrate that it is intended by the partes to be an accurate and usanreuded rersion afCCDC 14 - 2013 nrepl to the extent Thal onv ahei aaon,. adaitia s ar modifications are se/forth in s1n,"Plenientai)• conditions. CCDC 14 - 2013 25 .3 reimburse the Avner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Avner as required by GC 12.2 — 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 lake 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 in paragraphs 9.2.7 or 9.2 8. CC 9.3 ARTIFACTS AiYD FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or thuigs of scientific or historic interest discovered at the Place ofthe (York shall, as between the Owner and the Design -Builder, be deemed to be the absolute property of the Avner. 9.3.2 The Design -Builder shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Ower upon discovery of such items. 9.3.3 The Artier will investigate the impact on the Design Services of the (York of the discoveries identified in paragraph 9.3.1. if conditions are found that would cause an increase or decrease in the Design -Builder's cost or time to perform the Design Services or the IYork, the Avner will issue appropriate instructions for a change in the Contract as provided in GC 6.2 — CHANGE ORDER or GC 6.3 — CHANGE DIRECTIVE. CC 9.4 CONSTRUCTION SAFETY 9.4.1 Except as provided for in paragraph 2.6.2.2 of GC 2.6 — WORK BY OWNER OR OTHER CONTRACTORS, the Design -Builder shall assume overall responsibility for: .I construction health and safety at the Place of the Work in compliance with the riles, regulations and practices required by the applicable construction health and safety legislation, and .2 establishing, initiating, maintaining, and supervising all health and safety precautions and programs in connection with the performance of the Ifbrk. CC 9.5 MOULD 9.5.1 If the Design -Builder or Avner observes or reasonably suspects the presence of mould at the Place of the {pork, the remediation of which is not expressly part of the !Park, .I the observing party shall promptly report the circumstances to the other party in writing, and .2 the Design -Builder shall promptly take all reasonable steps, including slopping the IPork 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. 9.5.2 If the Avner and Design -Builder 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 make a determination on such matters. The expert's report shall be delivered to the Avner and Design -Builder. 9.5.3 If the Avner and Design -Builder agree, or if the expert referred to in paragraph 9.5.2 determines that the presence of mould was caused by the Design -Builder's operations under the Contract, the Design -Builder shall promptly, at the Design -Builder's owm expense: .I take all reasonable and necessary steps to safely rennediate or dispose of the mould, and .2 make good any damage to the {Pork, the Owner's property or property adjacent to the Place of the IYork as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Avner for reasonable costs incurred under paragraph 9.5.2, and .4 indemnify the Avner as required by GC 12.2 — INDEMNIFICATION. 9.5.4 If the Avner and Design -Builder agree, or if the expert referred to in paragraph 9.5.2 determines that the presence of mould was not caused by the Design -Builder's operations under the Contract, the Avner shall promptly, at the Owner's own expense: .I take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Design -Builder for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Mork as provided in paragraph 9.1.4 of GC 9.1 — PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as agreed between the Design -Builder and the Avner in consultation with the expert referred to in paragraph 9.5.2 and reimburse the Design -Builder for reasonable costs incurred as a result of the delay, and Able. This contract is protected by cop , ighl. Use ofa CCDC 14 document not connatning a CCDC 14 copyright seal constitraes an vir? iugemenl ofcoprright. Onh, sign this contract if the docnmmt corer page bears a CCDC N copyright seal to denionsliafe that it is intended by the parties to be an accurate and nnomeaded ve,slan of CCDC 14 - 2013 eycepl to the event that can, allera/ions, a, Unions or inodfcations ate se/forth in, supplenrentrnp conditions. 26 - CCDC 14 - 2013 .4 indemnify the Design -Builder as required by GC 12.2 — INDEMNIFICATION. 9.5.5 If either party does not accept the expert's finding under paragraph 9.5.2, 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 9.5.3 or 9.5.4, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided in paragraphs 9.5.3 or 9.5.4. 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 proposal closing or bid closing except for Value Added Tares payable by the Owner to the Design -Builder as stipulated in Article AA of the Agreement — CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Design -Builder due to changes in such included taxes and duties after the tune of the proposal closing or bid closing shall increase or decrease the Contract Price accordingly, and either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANCE IN CONTRACT PRICE. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Design Sendces and the Work. 10.2.2 The Owner shall obtain and pay for the permanent easements and rights of servitude 10.2.3 Unless otherwise stated, the Design -Builder shall obtain and pay for the building permit and other permits, licences, or certificates necessary for the performance of the Work at the time of the proposal closing or bid closing. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Design -Builder shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the Design SetTices or the performance of the Work and which relate to the Design Services or the Work, to the preservation of the public health, and to construction safety. 10.2.5 The Design -Builder shall not be responsible for verifying that the Owner's Statement of Requirements is in substantial compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Design Services or the Work. If after the time of the proposal closing or bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Design -Builder shall advise the Owner in writing requesting direction immediately upon such variance or change becoming known. Changes shall be made as provided in GC 6.1 — OIVNER'S RIGHT TO MAKE CHANGES, GC 6.2 — CHANGE ORDER and GC 6.3 —CHANGE DiRECTI VE. 10.2.6 If the Design -Builder fails to advise the Owner in writing and fails to obtain direction as required in paragraph 10.2.5, and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes, the Design -Builder shall be responsible for and shall correct the violations thereof, and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of proposal closing or bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Design Services or 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 Design -Builder shall pay the royalties and patent licence fees required for the performance of the Contract. The Design -Builder shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Design -Builder's performance of the Connect which are attributable to an infringement or an alleged infringement of a patent of invention by the Design -Builder or anyone for whose acts the Design -Builder may be liable. 10.3.2 The Owner shall hold the Design -Builder harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Design-Buildar's performance of the Confect which are attributable to an infi u,gement or an alleged infringement of a patent of invention in executing anything for the purpose of the Confect, the model, plan or design of which was supplied by the 0,wner to the Design -Builder as part of the Contract Documents. Note.' ibis connect is protected by copt'righl. Use of CCDC 14 document not containing a CCDC 14 copyi'igtn seat conxinwes air h fi ingeinent ofcoprright. Onhsign Uiis coiranct rf the dononnenl cm•er page bears a CCDC 14 cop) right seal to demonstrate that it is imoided br the parries to be on accurate and unamended session of CCDC N - 2013 except to /he extent Attain, alterations, additions or modfcatiwrs are set forlb in supptenienlap conditions. CCDC 14 - 2013 27 GC t0A WORKERS' CODIPENSATION 10.4.1 Prior to commencing the Design Services or the (fork, again with the Design -Builder's application for payment of the holdback amount following Substanlial Performance ofthe Work and again with the Design -Builder's application for final payment, the Design -Builder shall provide evidence of compliance with workers' compensation legislation at the Place of the {York, including payments due thereunder. 10.4.2 At any time during the term of the Contract, mvhen requested by the Owner, the Design -Builder shall provide such evidence of compliance by the Design -Builder and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.2 — INDEMNIFICATION, the Design -Builder shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — CCDC INSURANCE REQUIREMENTS in effect at the time of proposal closing or bid closing except as hereinafter provided: I Everywhere used in CCDC 41 — CCDC INSURANCE REQUIREMENTS, the term "Contactor" shall be replaced with the term "Design -Builder". .2 General liability insurance in the name of the Design -Builder and include, or in the case of a single, blanket policy, be endorsed to name, the Owner, the Consultant, Ocher Consultants, the Owner's Advisor, and the P(O'nient Certifier as insured but only with respect to liability arising out of the operations of the Design -Builder with regard to the Design Services or {York. All liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substanlial Peiformauce ofthe Work, on an ongoing basis for a period of 6 years. .3 Automobile Liability Insurance from the date of commencement of the Design Serrices or the (fork until one year after the date of Substantial Performance ofthe Work. .4 If owned or non -owned aircraft and watercraft are used directly or indirectly in the performance of the Design Sernices or Mork, Aircraft and Watercraft Liability insurance from the date of coin mencenment of the Design Sernices or Work until one year after the date of Substantial Performance ofthe Work. .5 "All risks" property insurance un the joint names of the Design -Builder, the Owner, the Consultant, the Owner's Advisor, and the Payment Certifier. The policy shall include as Additional insureds all Subcontractors. Where the full insurable value of the (York is substantially less than the Contract Price, the Owner may reduce the amount of insurance required or waive the insurance requirement. The "all risks" property insurance shall be provided from the date of commencement of the {fork until the earliest of: (1) 10 calendar days after the date of Substantial Performance ofthe {fork; (2) on the commencement of use or occupancy of any part or section of Work unless such use or occupancy is for construction proposes, 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; or (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .6 Boiler and machinery insurance in the joint names of the Design -Builder and the Owner. 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 Substantial Performance ofthe Work.. .7 The "all risks" 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 Design -Builder as their respective interests may appear. In the event of loss or damage: (1) the Design-Buildar 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 Design -Builder shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Design -Builder shall be entitled to such reasonable extension of Contract Time as agreed by the Owner and Design -Builder; (2) the Design -Builder shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the {York has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions of the Contaci. In addition the Design -Builder shall be entitled to receive from the payments made by the insurer the amount of the Design -Builders interest in the restoration of the Work; and Able: This co.ab'aci is prolected by cop;v'ight. Use ofa CCDC N docmnenl mol co,,iaining o CCDC l4 mppriShi seal constautes an it fringemenl of capivighf Only sign this contract ff the document corer page bears a CCDC N copyright seal to demonstrate that it is intended br the par ties to be art occur ate and imamended rersion of CCDC 14— 2013 except to the extent ilial air), a0erations, additions or modifications are set forth in supplenrenlary condilions. 28 CCDC I4-2013 (3) to the (Fork arising from the work of the Owner, the Owner's own forces, or another contractor, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, the Owner shall pay the Design -Builder the cost of restoring the (Pork as the restoration of the Work proceeds and as in accordance with the progress payment provisions of the Contract. .8 Design -Builders' Equipment Insurance from the date of commencement of the !Pork until one year after the date of Substantial Performance of the FPark. .9 In addition to the insurance requirements specified in CCDC 41 — CCDC INSURANCE REQUIREMENTS, the Design -Builder shall carry professional liability insurance with limits of not less than $1,000,000 per claim and with an aggregate limit of not less than $2,000,000 within any policy year, unless specified otherwise in the Contract Documents. The policy shall be maintained continuously f-om the commencement of the Conlracl until 2 years after Substantial Penfrntmree oflhe Work. 11.1.2 Prior to commencement of the Design Services or Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Design -Builder shall promptly provide the Owner with confirmation of coverage and, if required, a true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Design Services or Rork 11.1.3 The Design -Builder shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Design -Builder's responsibility by the terms of GC 9.1 — PROTECTION OF WORK AND PROPERTY and GC 12.2—INDEMNIFICATION. 11.1.4 If the Design -Builder 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 of same to the Design -Builder and the Consultant. The Design -Builder shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost front any amount which is due or may become due to the Design -Builder. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place ofthe Work. 11.1.6 If a revised version of CCDC 41 — CCDC INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Design -Builder'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 — CCDC INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, the Owner may require the increased coverage from the Design -Builder by way of a Charge Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to any revision of CCDC 41 —CCDC INSURANCE REQUIREMENTS. PART 12 INDEIMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND WARRANTY CC 12.1 DEFINITION AND SURVIVAL 12. L 1 For the purposes of Part 12 — INDEMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND WARRANTY, "claim" or "claims" shall mean claims, demands, losses, costs, damages, actions, suits or proceedings, whether in contract or tort. 12.1.2 Part 12 of the General Conditions — INDEMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND WARRANTY shall survive suspension or termination of the Contract- * Refer to the Supplementary Conditions A'ole: This contract is prolected br cop! right. Use of CCDC la document not containh,g a CCDC 14 coprrighl seal eomatutes on ins-ingemeot ofeop3rigly. Oil/ sign this cwnract if the donanent corer page bears a CCDC 14 ccp.-mgbl seat to denionso ale that it is intended &the pa,7ies to be an accurate and unamended rersion orCCDC 14- 1013 except to the extent ihal a,nolteratimu, additions or modi%rcaliau are sel faith in supplemema,y cowh tans. CCDC 14-2013 29 GC 12.2 INDEMNIFICATION 12.2.1 Without restricting the parties' obligations to indemnify one another as described in paragraph 12.2.4 and the Owner's obligation to indemnify as described in paragraph 12.2.5, the Owner and the Design -Builder shall each indemnify and hold harmless the other from and against all claims, 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: I caused by: (1) errors, omissions, or negligence of the party from whom indemnification is sought or anyone for whom that party is responsible, or (2) a breach of this Contract by the party from whom indemnification is sought; and .2 made by Notice in Wriling within a period of 6 years from the date of Substantial Performance of die Rork as set out in the certificate of Substantial Peiformance of the fi'ork issued pursuant to paragraph 5.4.3 of GC 5.4 — SUBSTANTIAL PERFOMMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place ofthe Rork. The parties expressly waive the right to indemnity for claims other than those provided for in this Connncl. 12.2.2 The obligation of either party to indemnify as set forth in paragraph 12.2.1 shall be limited as follows: I In respect to losses suffered by the Owner and the Design -Builder for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 — CCDC INSURANCE REQUiREMENTS in effect at the time of proposal or bid closing. .2 in respect to losses suffered by the Owner and the Design -Builder for which insurance is not required to be provided by either panty in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A-4 of the Agreement — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. .3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify, is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.2.2.1 and 12.2.2.2 shall apply. 12.2.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.2.1 and 12.2.2 shall be inclusive of interest and all legal costs. 12.2.4 The Owner and the Design -Builder shall indemnify and hold harmless the other from and against all claims arising out of their obligations described in GC 9.2 — TOXiC AND HAZARDOUS SUBSTANCES AND MATERIALS. 12.2.5 The Owner shall indemnify and hold harmless the Design -Builder from and against all claims: I as described in paragraph 10.3.2 of GC 10.3 — PATENT FEES, and 2 arising out of the Design -Builder'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 ofthe Work. 12.2.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Design -Builder: I Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became 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 orjudgment has been made until such rights of appeal have been exhausted. GC 12.3 LIMITATION OF LIABILITY FOR DESIGN SERVICES 12.3.1 Notwithstanding any other provisions of this Contract, the Design -Builder's liability for claims which the Owner may have against the Design -Builder, including the Design -Builder's officers, directors, employees and representatives, that arise out of, or are related to, the Design Services, shall be li nited: I to claims arising from errors, omissions, or negligent performance of the Design Services by the Consultant at- Other rOther ConsuOat and .2 where claims are covered by insurance the Design -Builder is obligated to carry pursuant to GC 11.1 — INSURANCE, to the amount of such insurance. A'me: This contract is protected by copvight. Use a(a CCDC M document amt eont,miag a CCDC 14 copl right seat cooslitutes at hfingemem ofcoppright. Only sign this coal, art if the document corer page bears a CCDC 14 cop/7 ight seal to demonso are that it is intended by the parties to be an acari'ate and uaanrended Version orCCDC N- 7013 esrept to the evert that inn• all?, ctions. add -tions or modifications are setforth in mrpplementary condWons. 30 CCDC 1d-2013 GC 12.4 WAIVER OF CLAIMS 12.4.1 Subject to any lien legislation applicable at the Place of the Work, as of the fifth calendar day before the expiry ofthe lien period provided by the lien legislation applicable at the Place ofihe Mork, the Design -Builder waives and releases the Owner from all claims which the Design -Builder has or reasonably ought to have knowledge of that could be advanced by the Design -Builder against the Owner arising from the Design -Builder's involvement in the Design Services or Work, including, without limitation, those atisuig 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 date of Substantial Performance of the Work, except as follows: .I claims arising prior to or on the date of Substantial Performance of the Work for which Notice in lVi icing of claim has been received by the Diener from the Design -Builder no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place ofthe Work; .2 indemnification for claims advanced against the Design -Builder by third parties for which a right of indemnification may be asserted by the Design -Builder against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Design -Builder pursuant to the provisions of paragraphs 12.2 .4 or 12.2.5 of GC 12.2 — INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance ofthe Work. 12.4.2 The Design -Builder waives and releases the Owner fiom all claims referenced in paragraph 12.4.1.4 except for those referred in paragraphs 12.4.1.2 and 12.4.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Design -Builder within 395 calendar days following the date of Substantial Performance ofthe 117oik. 12.4.3 Subject to any lien legislation applicable at the Place ofthe Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Design -Builder from all claims which the Avner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Design-Builcler arising fiom w the Oner's involvement in the Design Seii,ices or ifork, 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 date of Substantial Performance of the Mork, except as follows: .l claims arising prior to or on the date of Substantial Performance ofthe Work for which Notice in Wiling of claim has been received by the Design -Builder fiom the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Mol -A; .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 Design-Builcler pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Design -Builder pursuant to the provisions of paragraph 12.2.4 of GC 12.2 — INDEMMF1CATiON; .4 damages arising fiom the Design -Builder's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Mork which affect the Work to such an extent or in such a manner that a significant part or the whole of the Rork is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.5 — WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance ofthe (fork. 12.4.4 no Owner waives and releases the Design -Builder from all claims referred to in paragraph 12.4.3.4 except claims for which Notice in Writing of claim has been received by the Design-Brdlder from the Owner within a period of six years from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place of the /fork permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: .l any limitation statute of the Province or Territory of the Place ofthe Il'ork; or .2 if the Place ofthe Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.4.5 The Owner waives and releases the Design -Builder from all claims referenced in paragraph 12.4.3.6 except for those referred in paragraph 12.4.3.2, 12.4.3.3 and those arising under GC 12.5 — WARRANTY and claims for which Notice in Writing has been received by the Design-Builcler fiom the Owner within 395 calendar days following the date of Substantial Performance ofthe 1l'ork. 12.4.6 "Notice in Writing of claim" as provided for in GC 12.4 — WAIVER OF CLAIMS to preserve a claim or right of action nvhich would otherwise, by the provisions of GC 12.4 — WAIVER OF CLAIMS, be deemed to be waived, must include file following: .I a clear and unequivocal statement of the intention to claim; Note: Tl:is cornract is protected br coppright. L'se of a CCDC N donnnent not cornaining a CCDC N coppright teal cotutinnes on infiingemew ofcoppright. Onul sign this contract if the donmtent cover pave heirs a CCDC 14 cop) righf seal to dnnautrme that it is intended br the pmaies to he an accurate mid unamended verrton of CCDC 14 - 7013 eveel+l to the ertetn that atw allerations. acid, rioas or na dficatimu are setfor th in supplementan• eondrtioas. CCDC 14-2013 31 .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. 12.4.7 The party giving "Notice in Writing of claim" as provided for in GC 12.4 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. 12.4.8 Where the event or series of events giving rise to a claim made under paragraphs 12.4.1 or 12.4.3 has a continuing effect, the detailed account submitted under paragraph 12.4.7 shall be considered to be an interim account and the party making the claim shall submit further interuu accounts, at reasonable intervals, 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. 12.4.9 If a Notice in Wriling of claim pursuant to paragraph 12.4.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in ffriti ng of claim is received pursuant to paragraph 12.4.3.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place ofthe Work. 12.4.10 If a Notice in ffriling of claim pursuant to paragraph 12.4.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim is received pursuant to paragraph 12.4.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. CC 12.5 WARRANTY 12.5.1 Except for extended warranties as described in paragraph 12.5.6, the warranty period under the Contract is one year from the date of Substantial Performance of lte Mork. 12.5.2 The Design -Builder warrants that the 111ork is in accordance with the Contract Documents. 12.5.3 The Owner shall promptly give the Design -Builder Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.5.4 The Design -Builder shall promptly correct, at the Design -Builder's expense, any work which is not in accordance with the Contract Dooanents or defects or deficiencies in the Work which appear at any time until the end of the warranty periods specified in the Contract Documents. 12.5.5 The Design -Builder shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.5.4. 12.5.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.5.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor for the benefit of the artier. The Design -Builder'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. 12.5.7 The Design -Builder does not warrant against the effects of corrosion, erosion or wear and tear of any Product or failure of any Product due to faulty operations or maintenance by the Ou ner or conditions of operation more severe than those specified for the Product. 12.5.8 The warranties specified in GC 12.5 — WARRANTY or elsewhere in the Contract Documents are the only warranties of the Design -Builder applicable to the Work and no other warranties, statutory or otherwise, are implied. Note: This cmrtroct is protected by ropnright. Use of CCDC M dantment not mntatning a CCDC N Gogo igh/ seal consfifes an 11 f iggemeof of coplright. On/v sign this eatrrocl if she document corer page bears a CCDC 14 cugu ight seal to denronso ate shot it is intended by tl;e parties to be art acnn ale and lolontended version of CCDC 14 —2013 except to the evnit shot otq alterations, ackhoous or urrtdificatlo s are sel forth in snpplemrntapconditions. 32 CCDC 14 — 2013 PI(CONSTRUCTION INC. PROJECT SUMMARY PRNS'.Tt:oc 18016 r:`.'.''=-I.L. SCOTT MCLEAN OUTDOOR RECREATION PAD D'TE. 21 -Sep -18 <CRIPT-Ctr OUTDOOR MULTI -USE RECREATION PAD A;Ed SF. 11,680 5JW/GC SPICIFIC.ATION 5EC'T;C1 -CSCSPTION SUBTRADJ RENIA F55 ASt!]UiJT COST.15F TCT: 2200 : EXCAVATION, GRADING, SERVICES Kirwin & Oatman '. $ 77,887' 6.67', 11.6:'. 2400 iLANDSCAPING Deferred Work $ _ - i- - ~2410 11 RRIGATION SYSTEM RoinMoker/Vanden Bussche $ 4,374 j 0.37!. 0.7 2500' COURT LINE MARKINGS Deferred Work !$ - - 2520 1 CONCRETE CURBS AND SIDEWALKS - Included in Div 3000 $ 4,505 0.39• _ 0.7 -, i (2) HOCKEY NETS .Ripen/Riley Manufacturing ,: $ 1,600 0.14; 0.2. 2750 iSITE DEVICES AND FURNISHINGS International Nameplate Supply , $ (1) DONOR MONUMENT Deferred Work :Deferred Work ;Deferred Work! DASHER BOARDS, UPPER CONTAINMENT Riley Manufacturing :' $ - 95,3001 8.15 �! 14.2' (4)GARBAGE BINS TBD $ 2,995_ 026% 0.4 '• (3) BICYCLE RACKS TBD $ _ 953 0.08 ;j 0.1 6 (4) BASKETBALL BACKBOARDS AND GOALS .TBD $ 2,881 0.25 0.4' (4) BASKETBALL POSTS 'Ripca/Riley Manufacturing $ 4,505 0.39• _ 0.7 -, i (2) HOCKEY NETS .Ripen/Riley Manufacturing ,: $ 1,600 0.14; 0.2. SITE SIGNAGE International Nameplate Supply - $ 167: 0.02:1 0.0 -: (1) DONOR MONUMENT Deferred Work :Deferred Work ;Deferred Work! (2) NATURAL GAS HEATERS Deferred Work $ - - - (1) WATER FOUNTAIN. Deferred Work $ 6,427 0.55'.. (2) WIND SHELTERS 'Deferred Work _ 'THD ;. $ 3,182; BENCHES I INFORMATION KIOSK :Deferred Work ;Deferred Work! $ - - - 3000 ;CONCRETE, FORMWORK, REBAR & FINISHING :East Elgin Concrete $ 189,840 ! 15.25 28.3 t 5500 ;MISCELLANEOUS METAL FABRICATIONS 52,070 4.46 f; 7.S h -- - - -- , - - - - - - - - (3) BOLLARDS _TBD ': $ 1,028 1 0.091, 0.2 (1) GAS HEATERS CONTROL POST Deferred Work'! $ - ! 7200 MISCELLANEOUS INSULATION Included in Div 3000- 8400 GLASS AND GLA71NG Deferred Work 9400FLOOR FINISHES -TBD -A!Iowfor1420sf ;$ 5,934 0 0_9� 15000 ;MECHANICAL - PLUMBING 'TBD $ 6,427 0.55'.. 1.0 15000 MECHANICAL -GAS PIN NG _ 'THD ;. $ 3,182; 0.27'' 0.5;. 15000; MECHANICAL -REFRIGERATION . CJmco Refrigeration ,'$ 91,014. 7.79. 13.6 16000;ELECTRICAL 3E Power/Thomson Electric i' $ 52,070 4.46 f; 7.S h -- - - -- , - - - - - - - - -- - - - -- - TOTAL'; $ 540,635 46.29; 80.7 PIC CONSTRUCTION INC. PROJECT SUMMARY PROJECT Nu.: 18016 :: F: J.L. SCOTT MCLEAN OUTDOOR RECREATION PAD C --.T_ 21 -Sep -18 CECRi?PGH. OUTDOOR MULTI -USE RECREATION PAD AGEA SF: 11,680 2't JW/GC SPcOFtCATCPIS.Cwi' C.SCRPTIDN S1J'5TP4CE REMAPLS ANICUNT CCST/ F 'CF TOTAL 1050 ; LAY -OUT, LINES LEVELS, & GRADES $ 1,653 0.14 0.2 �. _ 1210 PROJECT SUPERVISION $ 20,018 ! 1.71 3.0 t 1519 jTEMPORARY FACILITIES AND CONNECTIONS S 6,560' i Spriet Associates I $ 1524 'WINTER PROTECTION & HEAT Not Applicable $ 0.4 '. 1310 'MECHANICAL AND ELECTRICAL DESIGN Pollard Engineering ':. $ - 0.24` 0.4,, 1310 !STORM WATER MANAGEMENT & GRADING 1526 CONST. FENCING, BARRIERS AND PROTECTION $ 5,020 0.43 0.7' 1D00 IMOL REQ., CLEANING & GENERAL ITEMS $ Z8931 0.25 ;' 0.4 - ! TOTAL:' $ 36,144 3.09 : 5.4, 1310 (DESIGN COORDINATION, DRAFTING, ESTIMATING PK Construction. $ 2,5001 0.21 0.4; 1310 !RENDERINGS Southridge Rendering $ 2,5001 0.21 (: 0.4 1310 jARCHITECTUAL/STRUCTURAL DESIGN Spriet Associates I $ 2,500; 0.21 . 0.4 '. 1310 'MECHANICAL AND ELECTRICAL DESIGN Pollard Engineering ':. $ 2,750 0.24` 0.4,, 1310 !STORM WATER MANAGEMENT & GRADING CIOL '. $ 6,816 0.58 J.D. 1310 LIGHTING PHOTOMETRICS included in Div 16000 $ 2,000 _ _ TOTAL" $ 17,066 j 1.46:, 2.51, 11060!WEPLAN APPROVAL ':Fee's- By Town of Tillsonburg $ I REGISTERED PLAN ;Fee's -By Town of Tillsonburg$ - MINISTRY OF TRANSPORTATION 'Not Applicable ',$ MINISTRY OF THE ENVIROMENT Not Applicable $ i CONSERVATION AUTH ORITY Not Applicable TOTAL DEVELOPMENT FEE'S '.Not Applicable.,$ -— ;BUILDING PERMIT .Fee's- By Town of Tillsonburg -.$ j 0.03' TOTAL! -.$ j 1064 HYDRO AUTHORITY -Not Applicable- $ iUNION GAS A'ot Applicable - !PUBLIC UTILITY - WATER 'Nat Applicable ',$ (BELL AND CABLE Not Applicable _ ---jl _ ;CONCRETE TESTING AP.ow; TOTAL 1410 j SOILS TESTING: BOREHOLES 'Based on Prior Information from Town $ 1,000 0.09'.- - SUB -GRADE BEARING AND COMPACTION Allow I $ 750 0.05 - 0.1 ;CONCRETE TESTING AP.ow; $ 650 0.06 0.1 :COMPACTION OFGRANULARS ;Allow -.$ 4001 0.03' 0.1� j STRUCTURAL REVIEW&VERIFICATION Spriet Associates $ 2,500: 0.21. 0.4 MECHANICAL & ELECTRICAL FINAL REVIEW -Pollard Eng'neering $ 2,000 0.17 r 0.3 - 'SITE WORKS VERIFICATION - ENGINEERING CJDL $ 1,000 0.09'.- 0.1 TOTAL, $ 7,300 0.63 1.1 _ E8641 1031 ! PROJECT INSURANCE 1035 SECURITY DEPOSITS All-Itsks Insurance, Contractors Licbi'ity Not Applicable $ 0.07 0.1 - 1030 BONDS Not Applicable - TOTAL $ 864 0.07 0.1 P.00 7 ,.f PK CONSTRUCTION INC. PROJECT SUMMARY PF -.;E=T Kc : 18016 1 A%` J.L. SCOTT MCLEAN OUTDOOR RECREATION PAD J`TE: 21 -Sep -18 CE3CWT:pi4. OUTDOOR MULTI -USE RECREATION PAD ?.AEA S': 11,680 E1: JW/GC S Cr ECIFlCdT9N $ECTIO�I 0.SC ,t. iIOIC SU.d�.,0e/._ .'AKS 4^.!OUf IT CCIST,'S O° TOTAL DIRECT CONSTRUCTION COSTS $ 540,636: 46.29, 50.7 1 INCIRECT CONSTRUCTION COSTS $ 35,144: 3.09 5.4 'DESIGN & ENGINEERING $ 17,066 • 1.46 2.5 PERMITSAND APPROVALS "$ !UNTIUTY CONNECTION FEE'S I NSPECTIONS, TESTI NG & VERIFICATIONS _,' $ 7,300 0.63 1.1 iPRROIECT ASSURANCE $ 864: 0.07,: 0.1 ! !OVERHEAD AND PROFIT - 8.0%':$ 48,161' 4.12'. 7.2! I OWNER'S CONTI NG ENCY _ SUBTOTAL ': 13%HST, $ 20,0001 $ 570,171.00 $ 87,122.231 1.71' 57.38. 3.0' 100.0 SUBTOTAL ,. REIMBURSABLE 11.24%HSTFROM TOWN', TOTAL INCLUDING APPLICABLE HST, $757,293.23 i $ (75,327.22)', $681,966.01 ' `I' f e j • e e s f; Cash Allowances The following Cash Allowances are included, and will be adjusted once finol requirements and costs are known. Ma teriols Testing and Inspections Pa¢e 3 of.1 $ 1,800 J.L. Scott McLean Outdoor Recreation Pad Page 1 of 4 Project No. 18016 SUPPLEMENTARY CONTRACT CONDITIONS Amend the Articles, Definitions and General Conditions of CCDC DOCUMENT 14 — 2013 DESIGN -BUILD STIPULATED PRICE CONTRACT, as follows: Supplementary Contract Conditions 0 DEFINITIONS 0.1 Replace the definition of "Design Services' with the following, 'Design Services are the professional services for the design performed by the Design -Builder or other consultants engaged by the Design -Builder and their related services where required by the Contract Documents' 0.2 Replace the definition of 'Other Consultant" with the following, 'Other Consultant is a person or entity that may be engaged by the Design -Builder to perform part of the Design Services' 0.3 Replace the definition of 'Payment Certifier with the following, 'The Payment Certifier is the person(s) or entity(ies) identified as such in the Agreement responsible for the issuance of certificates for payment or for the mutual agreement for the value of work completed at the Place of the Work' PART 1 GENERAL PROVISIONS 1.1 GC 1.1 CONTRACT DOCUMENTS - In paragraph 1.1.2, Replace, 'Nothing contained in the Contract Documents shall create any contractual relationship behveen the Owner and the Consultant, an Other Consultant, a Subcontractor, a Supplier, or their agent, employee, or any other person performing any portion of the Design Services or the Work' With, 'Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and an Other Consultant, a Subcontractor, a Supplier, or their agent, employee, or any other person performing any portion of the Design Services or the Work.' 1.2 GC 1.4 ASSIGNMENT—Add paragraph 1.4.2, 'The project is being constructed on lands solely owned by the Town of Tillsonburg under a Permission To Access and Modify Town Lands Agreement. At the direction of the Town of Tillsonburg, the Owner shall assign the Contract to construct the Project to the Town of Tillsonburg. The Design -Builder shall waive notice of prior written consent to this assignment.' PART 2 OWNER'S RESPONSIBILITIES 2.1 GC 2.4 ROLE OF THE PAYMENT CERTIFIER - paragraph 2.4.1, replace, 'The Owner shall designate a Payment Certifier who will review the Design -Builders applications for payment and certify the value of the Design Services and of Work performed and Products delivered to the Place of the Work' With, 'The Owner may, at the Owners cost, designate a Payment Certifier who will review the Design -Builders applications for payment and certify the value of the Design Services and of Work performed and Products delivered to the Place of the Work. Alternatively, the Owner may act to review applications for payment and act on their own behalf to approve applications for payment.' J.L. Scott McLean Outdoor Recreation Pad Page 2 of 4 Project No. 18016 SUPPLEMENTARY CONTRACT CONDITIONS PART 3 DESIGN -BUILDER'S RESPONSIBILITIES 3.1 GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK — paragraph 3.1.3, replace, ?he Design -Builder shall preserve and protect the rights of the parties under the Contract with respect to the Design Services to be performed by the Consultant and Other Consultants, and shall enter into a contract with the Consultant and Other Consultants to perform Design Services as provided in the Contract, in accordance with laws applicable at the Place of the Work' With, 'The Design -Builder shall preserve and protect the rights of the parties under the Contract with respect to the Design Services to be performed by Other Consultants, and shall enter into a contract with Other Consultants to perform Design Services as provided in the Contract, in accordance with lav✓s applicable at the Place of the Work.' 3.2 GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK — paragraph 3.1.4, delete in its entirety. 3.3 GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK — paragraph 3.1.5, delete in its entirely. 3.4 GC 3.3 ROLE OF THE CONSULTANT, paragraph 3.3.3, delete in its entirety. 4 PART 5 PAYMENT 4.1 GC 5.3 PROGRESS PAYMENT, add paragraph 5.32, 'Where the Owner choses to act as their own payment certifier, upon receipt by the Owner of an application for payment submitted by the Design -Builder in accordance with GC 5.2 — APPLICATIONS FOR PROGRESS PAYMENT: .1 the Owner will promptly advise the Design -Builder in writing giving reasons for the amendment to the application, or provide approval, 2 the Owner shall make payment to the Design -Builder on account as provided in Article A-5 of the Agreement — PAYMENT on or before 10 calendar days after the later of. — receipt of the application for payment, or — the last day of the monthly payment period for which the application for payment is made.' 42 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK, paragraph 5.4.4, replace, 'If the applicable lien legislation requires the Consultant to determine whether the Work has been substantially performed, the Consultant shall issue a cer5ficate of the Substantial Performance of the Work which shall state the date of Substantial Performance of the Work or designated portion of the Work or advise the Design -Builder in writing of the reasons for which such a certificate is not issued.' With, 'The Design -Builder shall issue a Certificate of Substantial Performance of the Work where the value of outstanding work is in accordance with the current edition of the Construction Lien Act, of which the Owner shall review and if acceptable, agree to by written consent on such certificate' 4.3 GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK, paragraph 5.5.4, 'In the common lawjurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Design -Builder which are enforceable against the Owner.' With, J J.L. Scott McLean Outdoor Recreation Pad Page 3 of 4 Prciect No. 18016 SUPPLEMENTARY CONTRACT CONDITIONS "In the common law jurisdictions, the holdback amount is due and payable on the calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the Ien legislation applicable to the Place of the Work, other third party monetary claims against the Design -Builder which are enforceable against the Owner." 4.4 GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK, paragraph 5.5.5, delete in its entirety. 4.5 GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK -delete in its entirety. 4.6 GC 5.7 FINAL PAYMENT, paragraph 5.7.4, replace, 'Subject to the provision of paragraph 10.4.1 of GC 10.4 — WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Design -Builder as provided in Article A-5 of the Agreement — PAYMENT.' With. 'Subject to the provision of paragraph 10.4.1 of GC 10.4 —WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment or the Owners agreement to the application for final payment, pay the Design -Builder as provided in Article A-5 of the Agreement— PAYMENT." PART 6 CHANGES IN THE CONTRACT 5.1 GC 6.1 OWNER'S RIGHT TO MAKE CHANGES, add paragraph 6.1.3, 'The mark-up for overhead shall be 10% and profit shall be 5%, which shall be applied to the Cost of the Work. The hourly rates for construction personnel employed by the Design -Builder shall be: Labourer: $35.50 per hour Carpenter: $42.50 per hour Superintendent: $55.50 per hour PART 7 RIGHT TO SUSPEND OR TERMINATE 6.1 GC 7.2 OWNERS RIGHT TO TERMINATE THE DESIGN -BUILDER'S RIGHT TO CONTINUE WITH THE DESIGN SERVICES OR WORK, OR TERMINATE THE CONTRACT, sen'.ence 7.2.4.1, replace, 'correct such default and deduct the cost thereof from any payment then or thereafter due the Design -Builder provided the Payment Certifier has certified such cost to the Owner and the Design -Builder, or' W 'correct such default and deduct the cost thereof from any payment then or thereafter due the Design -Builder, or' J.L. Scott McLean Outdoor Recreation Pad Page 4 of 4 Project No. 18016 SUPPLEMENTARY CONTRACT CONDITIONS 6.2 GC 7.2 OWNER'S RIGHT TO TERMINATE THE DESIGN -BUILDER'S RIGHT TO CONTINUE WITH THE DESIGN SERVICES OR WORK, OR TERMINATE THE CONTRACT, sentence 7.2.5.4, replace, 'charge the Design -Builder the amount by which: (1) the full cost of finishing the Design Services and the Work, as certified by the Payment Certifier, including compensation to the Payment Certifier for the Payment Certifees additional services, plus (2) a reasonable allowance as determined by the Payment Certifier to cover the cost of corections to work performed by the Design -Builder that may be required under GC 12.5 — WARRANTY, together exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Design Services and the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Design -Builder the difference; and' With, 'charge the Design -Builder the amount by which: (1) the full cost of finishing the Design Services and the Work, plus (2) a reasonable allowance to cover the cost of corrections to work performed by the Design -Builder that may be required under GC 12.5 —WARRANTY, together exceeds the unpaid ba'ance of the Contract Price; however, if.such cost of finishing the Design Services and the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Design -Builder the difference; and' PART 11 INSURANCE AND CONTRACT SECURITY 7.1 GC 11.2 CONTRACT SECURITY - delete in its entirely. PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE C: Parcel Register for Memorial Park V 1• Oxford County Multi -Part Property Report PIN: 000270632 `Multi -part AROLL: 320401001056500 Total PIN Area (sq m): 139382.71726510 Total ROLL Area (sq m): 111918.25394020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 07/11/2018 Oxford County Property Report .• 15"' \ 48 SANDERS ST TILLSONBURG �, g 45 HARDY AVE TILLSONBURG /7 r „�.- t�gea. �• PIN Details '` ai PIN: 12(6�Lj§§MON ST E TILLSONBURG id xT,. s �ra-,x„�;• ROLL Details 24 CONCESSION ST ETILLSONBURG AROLL: 320401001056500 s` 16 ROSS ST TILLSONBURG •r, J - i Property Details i Municipality: TILLSONSURG Zoning: IN2 Zoning Area: 111918253940202 Property Use: EXHIBITION GROUNDS/FAIR GROUNDS Property Owners Source Name Inst# Registered THE CORPORATION OF THE TOWN OF TILLSONBURG 300456 Registered THE CORPORATION OF THE TOWN OF TILLSONBURG 62672 Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14563 Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14564 Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB13474 Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB3934 Registered TILLSONBURG TRI -COUNTY AGRICULTURAL SOCIETY 201138 Assessed TILLSONBURGTOWN Na Legal/Lot Description Registry LT 121, 541, 5450, 545R, 564 PL 500; PT LT 122-123 PL 500; TILLSONBURG Assessment PLAN 500 LOT 122 Structure Details Status Code Description Built Gross Area (sq. m) Current 201 TYPE I BARN - TRADITIONAL 2 -STOREY BANK BARN 1960 501.119 Current 201 TYPE I BARN - TRADITIONAL 2 -STOREY BANK BARN 1965 466.745 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. •�� a1fi1 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE D: Operating Principles J.L. SCOTT McLEAN OUTDOOR RECREATION PAD OPERATING PRINCIPLES WHEREAS, the J.L. Scott McLean Legacy Fund and the Town of Tillsonburg wish for the outdoor pad to be the property of the Town and available for use by the public at the discretion of the Town; The Town and the Legacy agree to the Operating Principles as set out in this Schedule D to the Permission to Access and Modify Town Lands Agreement. Vision 1.0 The Vision for the Outdoor Recreation Pad is to have a fully operational 60'x 120' outdoor ice rink that would be refrigerated ice for part of the year, and a street hockey rink with three basketball courts with varying sized nets that could be used outdoors the remainder of the year. 2.0 The purpose of this recreational pad is to provide a place for friends and family to enjoy recreational time together at no cost. It will be a FREE -to -use facility available to all ages. Joint Responsibilities 3.0 The Town and the Legacy will arrange biennial meetings or at the request of either party to review these operating principles. Town Responsibilities 4.0 The Town will be responsible for funding all operating costs of the Outdoor Pad; 5.0 The Town will be responsible for funding the capital replacement costs of the Outdoor Pad and amenities as part of the Town's asset management program; 6.0 The Town will be responsible for ensuring the Outdoor Pad and amenities are maintained in a safe and appropriate condition; 7.0 The Town will operate the pad such that usage is generally on a drop-in basis with some accommodation for separating various age groups and user activities. Enforcement of this separation will 1. "� • -2- depend on the honour system and will not actively be monitored by Town staff, 8.0 From time to time, the Town may allow the Outdoor Pad to be used for special event purposes that are in alignment with the vision. Legacy Responsibilities 9.0 The Legacy will consider fundraising to augment the Outdoor Recreation Pad in the future, in consultation with the Town. Term of Agreement 10.0 These Operating Principles shall be in place for as long as the Town deems them to be appropriate and the Legacy continues to exist as a legal entity and in any case for a period not less than ten (10) years.