May 4, Toronto Community Housing invites sealed submissions for:

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1 Toronto Community Housing Strategic Procurement 35 Carl Hall Road, Unit #4 M3K 286 May 4, 2016 i;; Toronto Community Housing invites sealed submissions for: Request for Proposal RFP Window Replacements and Building Envelope Repair 35 Park Home Avenue, 145 Mutual Street and 4455 Bathurst Street Attached, please find a copy of RFP Proponents should submit one (1) original hard copy, three (3) hard copies and one (1) electronic PDF copy in a storage device (USB) of their proposal in a sealed envelope by Thursday, May 26, :00:00 a.m., local time to the following address: Toronto Community Housing, Strategic Procurement 35 Carl Hall Road, Unit #4, Toronto, ON M3K 2B6 Attention: Lilian Ricomini Any inquiries related to the specifications of the REP should be directed via to the following addresses: Conrad Bilbao, conrad.bilbao@torontohousing.ca with a copy to TCHProcurementtorontohousing.ca and Carroll Duff, carroll.duff@torontohousing.ca Please refer to Section 2.2 Timetable of the Main Document for the dates of the information sessions and deadlines for questions and request for clarifications from proponents. Responses to received questions will be posted as an addendum to the REP. Please ensure that all responses are clearly marked: Toronto Community Housing REP Window Replacements and Building Envelope Repairs - Various Sites and are enclosed in an envelope using the pre printed address label included with this REP. Toronto Community Housing will not be responsible for accepting couriered submissions which are not delivered to the exact location indicated, by the time and date specified, in accordance with the instructions in this RFP. Toronto Community Housing will not be responsible for late deliveries. The lowest or any submission will not necessarily be accepted. Sincerely, mini Supervisor Strategic Procurement Toronto Community Housing LR/ccd To view current or previous Toronto Community Housing business opportunities, tender/quotations/proposals, please visit our website -

2 For your convenience, you may affix the following address label to the envelope(s) containing your submission Reference No.: RFP Window Replacements and Building Envelope Repairs 35 Park Home Avenue, 145 Mutual Street & 4455 Bathurst Street Proponent s Name SUBMISSION DOCUMENTS ENCLOSED ENVELOPE # 1 Closing date: To: Thursday, May 26, 2016, 11:00:00 a.m., local time Strategic Procurement Toronto Community Housing 35 Carl Hall Road, Unit #4 Toronto, Ontario, Canada M3K 2B6 Attention: Lilian Ricomini

3 Reference No.: RFP Window Replacements and Building Envelope Repairs 35 Park Home Avenue, 145 Mutual Street & 4455 Bathurst Street Proponent s Name ENVELOPE # 2 APPENDIX C RATE BID FORM Closing date: Thursday, May 26, 2016, 11:00:00 a.m., local time To: Strategic Procurement Toronto Community Housing 35 Carl Hall Road, Unit #4 Toronto, Ontario, Canada M3K 2B6 Attention: Lilian Ricomini Note: Strategic Procurement will not be held responsible for documents submitted in envelopes that are not labelled in accordance with the above instructions.

4 STRATEGIC PROCUREMENT TORONTO COMMUNITY HOUSING 35 CARL HALL, UNIT #4 TORONTO, ON M3K 2B6 Procurement is located at the Southeast corner of the building at Unit #4.

5 Request for Proposals For Window Replacements and Building Envelope Repairs 35 Park Home Avenue 145 Mutual Street 4455 Bathurst Street Request for Proposals No.: RFP Issued: Wednesday, May 04, 2016 RFP Schedule: see section 2.2 Submission Deadline: Thursday, May 26, 2016 at 11:00:00 AM EST RFP Window Replacements & Building Envelope Repair Various Locations Page 1 of 38

6 Table of Contents PART 1 INTRODUCTION Invitation to Proponents Type of Contract for Deliverables No Guarantee of Volume of Work or Exclusivity of Contract Agreement on Internal Trade Accessibility for Ontarians with Disabilities Act, 2005 ( AODA )... 3 PART 2 THE DELIVERABLES Description of Deliverables Timetable Information Sessions (Optional) TCHC Contact Material Disclosures... 7 PART 3 PROPOSAL SUBMISSIONS Proposal Submission Information Stages of Proposal Evaluation Rated Criteria Forms, Submission and Rectification Rectification Period (not including section 3.4.3) Tie Score PART 4 TERMS AND CONDITIONS OF THE RFP PROCESS General Information and Instructions Communication after Issuance of RFP Negotiations, Notification and Debriefing Conflict of Interest and Prohibited Conduct Confidential Information Procurement Process Non-binding Governing Law and Interpretation Performance Reviews PART 5 MATERIAL DISCLOSURES Insurance Coverage Requirements Workplace Safety and Insurance Board (WSIB) Vendor Terms and Conditions Site Specific Health and Safety Plans Staff Identification Notification of Designated Substances on Project Notification of Site Conditions or Other Hazards Requirement for Unionized Labour Proponents Responsible for Obtaining Independent Legal Advice Submission form B VENDOR ACKNOWLEDGEMENTS Submission form C RATE BID FORM Submission form D AGREEMENT TO BOND Submission form E LIST OF SUBCONTRACTORS Submission form F RATED CRITERIA APPENDIX A CCDC 2 & SUPPLEMENTARY CONDITIONS TO CCDC APPENDIX B SCOPE OF WORK RFP Window Replacements & Building Envelope Repair Various Locations Page 2 of 38

7 PART 1 INTRODUCTION 1.1 Invitation to Proponents This Request for Proposals ( RFP ) is an invitation by the Toronto Community Housing Corporation (herein after referred to as TCHC ) to prospective proponents to submit proposals for the provision of Goods and/or Services as further described in Part 2 The Deliverables (the Deliverables ). In providing these Goods and/or Services, the potential proponents should be aware the Toronto Community Housing is a corporation of the City of Toronto and is a not-for-profit entity tasked with providing housing and social support for some of Toronto s most disadvantaged citizens. It is home to about 125,000 low and moderate-income tenants in 58,500 households, including seniors, families, singles, refugees, recent immigrants to Canada and people with special needs. TCHC is the largest social housing provider in Canada and the second largest in North America. Our portfolio includes more than 2,215 buildings including high, mid, and low-rise apartments, and townhouses and houses. For more information on TCHC, please visit Type of Contract for Deliverables The selected proponent will be requested to enter into negotiations for an agreement with TCHC for the provision of the Deliverables in the form attached as Appendix A to the RFP. It is TCHC s intention to enter into the Form of Agreement based on that attached as Appendix A to the RFP with not more than one entity per site. 1.3 No Guarantee of Volume of Work or Exclusivity of Contract TCHC makes no guarantee of the value or volume of work to be assigned to the successful proponent. The Agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. TCHC may contract with others for the same or similar Deliverables to those described in the RFP or may obtain the same or similar Deliverables internally. 1.4 Agreement on Internal Trade Proponents should note that procurements falling within the scope of Chapter 5 of the Agreement on Internal Trade (AIT) are subject to that chapter but that the rights and obligations of the parties shall be governed by the specific terms of each particular tender. For further reference, please see the Internal Trade Secretariat website at Accessibility for Ontarians with Disabilities Act, 2005 ( AODA ) TCHC is committed to providing equal treatment to people for whom accessibility accommodations allow for the use and benefit of TCHC services in a manner that respects their dignity and that is equitable in relation to the broader public. As such, vendors seeking to do business with TCHC must strictly comply with the all applicable accessibility standards required by the Accessibility for Ontarians with Disabilities Act, 2005 ( AODA ) and its regulations while carrying out their obligations under any Agreement entered into with TCHC. Failure to comply with the AODA, may result in the immediate termination of any Agreements entered into with TCHC. If requested, vendors engaging in business with TCHC shall provide documentation describing their accessibility training policies, practices and procedures, and a summary of the contents of training, together with a record of the dates on which training is provided and RFP Window Replacements & Building Envelope Repair Various Locations Page 3 of 38

8 the number of attendees. TCHC reserves the right to require vendors, at their own expense, to amend their accessibility policies, practices and procedures if TCHC deems them not to be in compliance with the requirements of the AODA. [End of Part 1] RFP Window Replacements & Building Envelope Repair Various Locations Page 4 of 38

9 PART 2 THE DELIVERABLES 2.1 Description of Deliverables The RFP is an invitation to submit offers for the provision of Goods and/or Services as below, and as further described in Appendix B Scope of Work (The Deliverables). Appendix B is a separate file from this document. The Deliverables: Description of Goods/Services Required Locations/Addresses of Goods/Service Required Target Delivery Dates Window Replacements and Building Envelope Repairs 35 Park Home Avenue 40 weeks from date of PO issuance (July 30, May 15, 2017) Window Replacements and Building Envelope Repairs 145 Mutual Street 50 weeks from date of PO issuance (June 30, June 15, 2017) Window Replacements and Building Envelope Repairs 4455 Bathurst Street weeks from date of PO issuance (July 30, 2016 July 15, 2017) Proponents should submit their proposals according to the following timetable and instructions. RFP Window Replacements & Building Envelope Repair Various Locations Page 5 of 38

10 2.2 Timetable Issue Date of RFP Wednesday, May 04, 2016 Information Sessions (Optional) 145 Mutual Street Wednesday, May 11, :00 p.m. at the lobby 4455 Bathurst Street Thursday, May 12, :00 p.m. at the lobby 35 Park Home Avenue Monday, May 16, :00 a.m. at the lobby Deadline for Questions 145 Mutual Street Thursday, May 12, :00 p.m Bathurst Street Friday, May 13, :00 p.m. 35 Park Home Avenue Tuesday, May 17, :00 p.m. Deadline for Issuing Addenda Thursday, May 19, :00 p.m. Submission Deadline Thursday, May 26, :00:00 a.m. Rectification Period Two (2) Business Days The RFP timetable is tentative only, and may be changed by TCHC at any time. Any changes to the RFP timetable will be issued by way of an addendum issued on-line. RFP Window Replacements & Building Envelope Repair Various Locations Page 6 of 38

11 2.3 Information Sessions (OPTIONAL) There will be multiple information sessions held. (Refer to the schedule below for the timings and locations): Location: Date Time: 145 Mutual Street Lobby Wednesday, May 11, :00 p.m Bathurst Street Lobby Thursday, May 12, :00 p.m. 35 Park Home Avenue Lobby Monday, May 16, :00 a.m. 2.4 TCHC Contact For the purposes of this procurement process, the TCHC Contact shall be: TCHC Contact: Carroll Duff AND Address: 35 Carl Hall Road, Unit 4, Toronto, ON M3K 2B6 2.5 Material Disclosures Proponents should refer to Part 5 Material Disclosures for additional information pertaining to the goods/services required, additional contractual requirements, and other factors that could impact this proposal. [End of Part 2] RFP Window Replacements & Building Envelope Repair Various Locations Page 7 of 38

12 3.1 Proposal Submission Information PART 3 PROPOSAL SUBMISSIONS Timetable for proposal submissions are indicated above in section Proposals Should Be Submitted in Prescribed Manner Proposals should be submitted at: Attention: Strategic Procurement Toronto Community Housing 35 Carl Hall Road, Unit #4 Toronto, ON, M3K 2B6 Attention: Lilian Ricomini No later than 11:00:00 a.m. local time, Thursday, May 26, 2016 Proponents should submit one (1) original, three (3) hard copies and one (1) electronic PDF copy on a USB flash drive in a sealed package. Proposals are to be prominently marked with the RFP title and number (see RFP cover), with the full legal name and return address of the proponent, and with the Submission Deadline. Proponents shall also submit one (1) hard copy and one (1) electronic copy of their pricing in a separate sealed envelope as outlined in Submission Form C Rate Bid Form. The electronic copy must be in the form of a USB flash drive. The sealed envelope must be clearly labelled Envelope #2 Rate Bid Form with the proponent s name and the RFP number. In the event of a conflict or inconsistency between the hard copy and the electronic copy of the proposal, the hard copy of the proposal shall prevail Proposals Must Be Submitted on Time at Prescribed Location Proposals must be submitted at the location set out above on or before the Submission Deadline. Proposals submitted after the Submission Deadline will be rejected without exception. TCHC will not be responsible for late submissions caused by traffic, weather, mechanical breakdown or courier issues. It is the sole responsibility of the proponent to ensure the bid submission is delivered, stamped and submitted before the prescribed deadline. Proposals received after the deadline will be deemed late and will not be considered even where a technical issue outside the proponent s control caused the proposal to be submitted late. Late proposals will be returned to the proponent In the case of electronic bid submissions, TCHC shall not be responsible for technical issues such as network or power failures, computer failure, internet browser, and mistakes / errors in filling the proposals that cause proponents to submit proposals after the deadline as specified in the RFP. Proposals received after the deadline will be deemed late and will not be considered even where a technical issue outside the proponent s control caused the proposal to be submitted late. RFP Window Replacements & Building Envelope Repair Various Locations Page 8 of 38

13 3.1.4 Amendment of Proposals Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a sealed package prominently marked with the RFP title and number and the full legal name and return address of the proponent to the location set out above in section Any amendment should clearly indicate which part of the proposal the amendment is intended to replace Withdrawing Proposals At any time throughout the RFP process, a proponent may withdraw a submitted proposal. To effect a withdrawal, a notice of withdrawal must be sent to the TCHC Contact and must be signed by an authorized representative. TCHC is under no obligation to return withdrawn proposals. 3.2 Stages of Proposal Evaluation TCHC will conduct the evaluation of proposals in the following three (3) stages: Stage I: Mandatory Requirements Stage I will consist of a review to determine which proposals comply with all of the mandatory requirements. Proposals failing to satisfy the mandatory requirements as of the Submission Deadline will be provided an opportunity to rectify any deficiencies within a set timeframe. Proposals failing to satisfy the mandatory requirements within the Rectification Period will be excluded from further consideration. The Rectification Period will begin to run from the date and time that TCHC issues its rectification notice to the proponent. The mandatory requirements are as follows: (1) Submission Form B Vendor Acknowledgements (2) Submission Form C Rate Bid Form (3) Submission Form E Agreement to Bond (4) Submission Form F List of Subcontractors Stage II: Rated Criteria Stage II will consist of a scoring by TCHC of each qualified proposal on the basis of the Rated Criteria. Respondents must achieve a score of at least 70 points on the Rated Criteria categories before the evaluation team will consider their Rate Bid Form. Proponents who do not score the required minimum of points as specified above on the Rated Criteria will not be considered for further evaluation (Refer to section 3.3) Stage III: Pricing Stage III will consist of evaluating and ranking the pricing submitted. The evaluation of price will only be undertaken after the evaluation of mandatory requirements and any rated requirements has been completed. Upon completion of Stage II, Submission Form C - Rate Bid Forms (envelope labelled #2) will be opened and the pricing will be ranked. The Total Cost for the site will be analyzed and the lowest price per site will prevail. Proponents should refer to the Rate Bid Form (Submission Form C) for more details. TCHC reserves the right to waive informalities in or reject any or all proposals or accept the proposal deemed most favourable in the interests of TCHC. The proposal with the lowest price may not be selected for the award of the work. RFP Window Replacements & Building Envelope Repair Various Locations Page 9 of 38

14 3.3 RATED CRITERIA Stage II will consist of an evaluation of the Rated Criteria to determine the high score based on the following criteria. Below is an overview of the categories and weighting for the Rated Criteria of the RFP. Proponents shall refer to Submission Form F - Rated Criteria for more information. Proponents who do not meet a minimum threshold of 70 points will not proceed to Stage III of the evaluation process. ITEM NO. RATED CRITERIA Weighting (Points) Minimum Threshold Qualifications and Experience/Client References A. Qualifications (10 points) B. Experience and Client References (60 points) Methods/Procedures/Capacity/Scheduling A. Detailed Construction Schedule (20 points) 30 B. Methods and Procedures (10 points) TOTAL 100 points 70 points 3.4 Forms, Submission and Rectification Forms and Submission Other than inserting the information requested on the mandatory submission forms set out in the RFP, a proponent may not make any changes to any of the forms. Proponents submitting proposals that do not meet the mandatory requirements will be provided an opportunity within the Rectification Period to rectify any deficiencies Vendor Acknowledgements Form (Submission Form B) Each proposal must include a Submission Form B completed and signed by an authorized representative of the proponent Rate Bid Form (Submission Form C) Each proponent must include Rate Bid Form C completed according to the instructions contained in the form as well as the following instructions: a) rates shall be provided in Canadian funds, inclusive of all applicable duties and taxes except for HST, which should be itemized separately; and b) rates quoted by the proponent shall be all-inclusive and shall include all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery to TCHC, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any licenses or fees or other charges required by law CCDC 2 Stipulated Price Contract and Supplementary Conditions to CCDC 2 CCDC 2 and Supplementary Conditions to CCDC 2 has been attached for your reference and forms the basis for negotiating a final agreement. RFP Window Replacements & Building Envelope Repair Various Locations Page 10 of 38

15 3.4.5 Agreement to Bond (Submission Form D) Each proponent must complete the Agreement to Bond Form E or provide the appropriate commitment letter as per the instructions included on the form List of Subcontractors (Submission Form E) Each proponent must complete the list of all subcontractors who will be used to execute portions of work for this project Rated Criteria Working Document (Submission Form F) Each proponent must complete the rated criteria working document as per instructions included in the form. 3.5 Rectification Period (not including section 3.4.3) Proposals satisfying the mandatory requirements during the Rectification Period will proceed to Stage II. Proposals failing to satisfy the mandatory requirements will be excluded from further consideration. 3.6 Tie Score In the event of a tie score, the selected proponent will be determined by way of a coin toss witnessed by a minimum of two TCHC staff members. [End of Part 3] RFP Window Replacements & Building Envelope Repair Various Locations Page 11 of 38

16 PART 4 TERMS AND CONDITIONS OF THE RFP PROCESS 4.1 General Information and Instructions Proponents to Follow Instructions Proponents should structure their proposals in accordance with the instructions in the RFP. Where information is requested in the RFP, any response made in a proposal should reference the applicable section numbers of the RFP where the request was made Proposals in English All proposals are to be in English only TCHC s Information in RFP Only an Estimate TCHC and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in the RFP or issued by way of addenda. Any quantities shown or data contained in the RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to proponents the general size and scope of the work. It is the proponent s responsibility to avail itself of all the necessary information to prepare a proposal in response to the RFP Proponents Shall Bear Their Own Costs The proponent shall bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations Mathematical Errors in Submission Where there is a discrepancy in the Proponent s quoted price between the unit price amount and the total price amount, the unit price amount shall prevail. Proponents shall be entitled to withdraw proposals containing mathematical errors. 4.2 Communication after Issuance of RFP Proponents to Review RFP Proponents shall promptly examine all of the documents comprising the RFP, and (a) (b) shall report any errors, omissions or ambiguities; and may direct questions or seek additional information in writing by to the TCHC Contact on or before the Deadline for Questions. All questions submitted by proponents by to the TCHC Contact shall be deemed to be received once the has entered into the TCHC Contact s inbox. No such communications are to be directed to anyone other than the TCHC Contact. TCHC is under no obligation to provide additional information, and TCHC shall not be responsible for any information provided by or obtained from any source other than the TCHC Contact. It is the responsibility of the proponent to seek clarification from the TCHC Contact on any matter it considers to be unclear. TCHC shall not be responsible for any misunderstanding on the part of the proponent concerning the RFP or its process All New Information to Proponents by Way of Addenda The RFP may be amended only by an addendum in accordance with this section. If TCHC, for any reason, determines that it is necessary to provide additional information relating to RFP Window Replacements & Building Envelope Repair Various Locations Page 12 of 38

17 the RFP, such information will be communicated to all proponents by addenda. Each addendum forms an integral part of the RFP. Such addenda may contain important information, including significant changes to the RFP. Proponents are responsible for obtaining all addenda issued by TCHC. In the Submission Form B, proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided. Failure to incorporate all addenda in the bid submission may result in the rejection of the submission, at the sole discretion of TCHC. Any Addendum will be posted on the TCH website at Biddingo at and MERX at Post-Deadline Addenda and Extension of Submission Deadline If any addendum is issued after the Deadline for Issuing Addenda, TCHC may at its discretion extend the Submission Deadline for a reasonable amount of time Verify, Clarify and Supplement When evaluating responses, TCHC may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent s proposal. TCHC may revisit and re-evaluate the proponent s response or ranking on the basis of any such information No Incorporation by Reference The entire content of the proponent s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent s proposal will not be considered to form part of its proposal Proposal to Be Retained by TCHC TCHC will not return the proposal or any accompanying documentation submitted by a proponent. 4.3 Negotiations, Notification and Debriefing Selection of Top-Ranked Proponent The top-ranked proponent, as established under Part 3 Proposal Submissions, will receive a written invitation to enter into direct contract negotiations with TCHC Timeframe for Negotiations TCHC intends to conclude negotiations with the top-ranked proponent within FIVE (5) days commencing from the date TCHC invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously Process Rules for Negotiations Any negotiations will be subject to the process rules contained in this Part 4 Terms and Conditions of the RFP Process and the Submission Form B and will not constitute a legally binding offer to enter into a contract on the part of TCHC or the proponent. Negotiations may include requests by TCHC for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached RFP Window Replacements & Building Envelope Repair Various Locations Page 13 of 38

18 in the evaluation, and may include requests by TCHC for improved pricing from the proponent Terms and Conditions The terms and conditions found in CCDC 2 and Supplementary Conditions (Appendix A) are to form the starting point for negotiations between TCHC and the selected proponent Failure to Enter Into Agreement Proponents should note that if the parties cannot execute a contract within the allotted Five (5) days. TCHC may invite the next-best-ranked proponent to enter into negotiations. In accordance with the process rules in this Part 4 Terms and Conditions of the RFP Process and the Submission Form B, there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. With a view to expediting contract formalization, at the midway point of the above-noted timeframe, TCHC may elect to initiate concurrent negotiations with the next-best-ranked proponent. Once the above-noted timeframe lapses, TCHC may discontinue further negotiations with the top-ranked proponent. This process shall continue until a contract is formalized, until there are no more proponents remaining that are eligible for negotiations or until TCHC elects to cancel the RFP process Notification to Other Proponents Other proponents that may become eligible for contract negotiations will be so notified at the commencement of the negotiation process. Once a contract is executed between TCHC and a proponent, the other proponents may be notified directly in writing and shall be notified by public posting in the same manner that the RFP was originally posted of the outcome of the procurement process and the award of the contract Debriefing Proponents may request a debriefing after receipt of a notification of award. All requests must be in writing to the TCHC Contact and must be made within sixty (60) days of notification of award. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process Bid Protest Procedure If a proponent wishes to challenge the outcome of the RFP process, it should provide written notice to the TCHC Contact within sixty (60) days of notification of award, and TCHC will respond in accordance with its bid protest procedures. 4.4 Conflict of Interest and Prohibited Conduct Conflict of Interest TCHC in its sole discretion may disqualify a proponent for any conduct, situation or circumstances which constitutes or potentially constitutes a Conflict of Interest. For the purposes of this Section, Conflict of Interest shall have the meaning ascribed to it in the Submission Form B Prohibited Proponent Communications The proponent shall not engage in any communications with TCHC other than the TCHC Contact and should take note of the Conflict of Interest declaration set out in the Submission Form B. For the purposes of this Section, Conflict of Interest shall have the meaning ascribed to it in the Submission Form B. RFP Window Replacements & Building Envelope Repair Various Locations Page 14 of 38

19 4.4.3 Proponent Not to Communicate with Media A proponent may not at any time directly or indirectly communicate with the media in relation to the RFP or any contract awarded pursuant to the RFP without first obtaining the written permission of the TCHC Contact No Lobbying A proponent may not in relation to the RFP or the evaluation and selection process in respect thereof, engage in any form of political or other lobbying whatsoever to influence the selection of the approved proponent(s). Further, no such person shall attempt to communicate in relation to the RFP or their proposal, directly or indirectly, with any director, officer, employee or other representative of TCHC or of the City of Toronto, except as expressly directed or permitted by the RFP. Any unauthorized communications will be cause for the disqualification of the proponent s proposal Illegal or Unethical Conduct Proponents shall not engage in any illegal or unethical bidding practices, including such activities as bid-rigging, price-fixing, bribery, fraud or collusion. Proponents that are in any way affiliated with another proponent seeking to submit a proposal must disclose such affiliations, including ownership, management or contractual agreements in Submission Form B (Conflict of Interest). TCHC, in its sole discretion, may prohibit affiliated proponents from submitting proposals for the same RFP or otherwise accepting their bid submissions. Proponents shall not engage in lobbying or any unethical conduct, including inappropriate communications, offers of gifts to TCHC employees, officers or board members, deceitfulness, submitting bids containing misrepresentations or other misleading or inaccurate information, or any other conduct that compromises or may be seen to compromise the competitive process. Conduct of this nature will be cause for the disqualification of the proponent s proposal. 4.5 Confidential Information Confidential Information of TCHC All information provided by or obtained from TCHC in any form in connection with the RFP either before or after the issuance of the RFP: (a) (b) (c) (d) is the sole property of TCHC and must be treated as confidential; is not to be used for any purpose other than replying to the RFP and the performance of any subsequent contract; must not be disclosed without prior written authorization from TCHC; and shall be returned by the proponents to TCHC immediately upon the request of TCHC Confidential Information of Proponent A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by TCHC. The confidentiality of such information will be maintained by TCHC, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that TCHC is governed by the Municipal Freedom of Information and Protection of Privacy Act, and thus may be required to disclose the name and price of the winning proponent through a Freedom of Information request. Furthermore, proponents are advised that their proposals will, as necessary, be disclosed on a confidential basis, to TCHC s advisers retained for the purpose of evaluating or participating in the evaluation of their proposals. If a proponent has any RFP Window Replacements & Building Envelope Repair Various Locations Page 15 of 38

20 questions about the collection and use of personal information pursuant to the RFP, questions are to be submitted to the TCHC Contact. 4.6 Procurement Process Non-binding No Contract A and No Claims The procurement process is not intended to create and shall not create a formal legally binding bidding process and shall instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation: (a) the RFP shall not give rise to any Contract A based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and (b) neither the proponent nor TCHC shall have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the award of a contract, failure to award a contract or failure to honour a response to the RFP No Contract until Execution of Written Agreement The RFP process is intended to identify prospective vendors for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service shall be created between the proponent and TCHC by the RFP process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services Non-binding Price Estimates While the pricing information provided in responses will be non-binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the responses and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation, ranking or contract award Disqualification for Misrepresentation TCHC may disqualify the proponent or rescind a contract subsequently entered into if the proponent s response contains misrepresentations or any other inaccurate, misleading or incomplete information References TCHC s evaluation may include information provided by the proponent s references, and may also consider the proponent s past performance on previous contracts with TCHC or other City of Toronto Agencies, Boards, Commissions and Corporations (ABCCs) Cancellation TCHC may cancel or amend the RFP process without liability at any time. 4.7 Governing Law and Interpretation The terms and conditions in this Part 4 Terms and Conditions of the RFP Process (a) are included for greater certainty and are intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); (b) are nonexhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations); and (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. RFP Window Replacements & Building Envelope Repair Various Locations Page 16 of 38

21 4.8 Performance Reviews The Services to be provided by the Vendor will be subject to periodic review under TCHC s Contractor Performance Evaluation (CPE) program to ensure that the Services are performed in accordance with the contracted specifications and TCHC s policies. The results of the CPE reviews will be shared with TCHC s Shareholder (City of Toronto) and other City of Toronto ABCCs purchasing departments. Performance records shall be maintained on file and shall be considered in future procurement decisions. Poor performance may result in suspension from participation in TCHC bids and projects in accordance with TCHC s Vendor Disqualification Protocol. [End of Part 4] RFP Window Replacements & Building Envelope Repair Various Locations Page 17 of 38

22 PART 5 MATERIAL DISCLOSURES 5.1 Insurance Coverage Requirements Upon award of the Contract, the successful proponent shall, at its own expense, obtain and maintain the required insurance throughout the term of the contract. Such insurance hereunder shall remain in full force and effect for the term of the contract. The successful proponent must produce, upon request by TCHC, confirmation pursuant to this section, as applicable. Failure to comply within seven (7) business days of the request by TCHC may result in contract termination General Liability Insurance The limits of this insurance shall be for an amount not less than $5,000,000 per occurrence for bodily injury and property damage, including loss of use thereof, with a deductible of not more than $1,000. General Liability Insurance shall be in the name of the proponent and TCHC and its Subsidiaries shall be named as an additional insured under such policy. The Party responsible for a specific claim under this policy shall be responsible for the deductible Automobile Insurance The limits of this insurance shall be for an amount not less than $2,000,000 per occurrence covering all vehicles used in any manner in connection with the provision and performance of the contract. 5.2 Workplace Safety and Insurance Board (WSIB): Upon award of the contract, it is the responsibility of the successful proponent to ensure TCHC is provided a valid Certificate of Clearance from the WSIB or valid independent operator number including proof of personal coverage as identified below: WSIB Clearance Certificate Upon award of the contract, the successful proponent agrees to maintain its WSIB account in good standing throughout the term of the contract. TCHC will require the Contractor to produce a valid Clearance Certificate from WSIB upon expiration during the term of the contract and prior to any payment under the contract. If the contractor does not produce confirmation pursuant to this section as applicable, TCHC in its own discretion may terminate the contract immediately. 5.3 Vendor Terms and Conditions: CCDC 2 and Supplementary Conditions to CCDC 2 forms the basis for any negotiation for a contract. The vendor s responsibilities form a key component of any contract entered into by TCHC. It is the responsibility of the proponent to ensure it has read the Terms and Conditions and understands TCHC s expectations in making a submission. See Appendix A (CCDC 2 and Supplementary Conditions to CCDC 2) for details. 5.4 Site Specific Health and Safety Plans: Upon award of the contract, the vendor agree to provide a specific health and safety plan for the particular project for review with the TCHC project manager. The Plan will reflect the following items: a) Procedures for identifying, reporting and management of hazards in the workplace RFP Window Replacements & Building Envelope Repair Various Locations Page 18 of 38

23 b) Incident reporting and investigation process c) Corrective/Preventative measures to prevent incidents/escalations d) Safety arrangements and precautions to protect the public from construction activities e) Storage of materials f) Provide safety checklist for specific equipment and activities g) Periodic review of the subcontractors for conformance to the Health and Safety Plan. 5.5 Staff Identification Upon award of the contract, vendor agrees that all vendor agents, employees, subcontractors and representatives will carry the required TCHC identification badges and properly display them at all times while on TCHC property. When required, vendors will also ensure vendor vehicles will be appropriately branded and carry the correct markings including vendor name and registration numbers (e.g. TSSA number). 5.6 Notification of Designated Substances on Project The following designated substances may occur on site 5.7 Notification of Site Conditions or Other Hazards The following hazards may occur on site: 5.8 Requirement for Unionized Labour Any part of the Services that is the work of union members represented by the union Locals under the provisions of any collective agreements by which TCHC is bound, shall in each such case be performed only by an employer also bound by such agreement. Without limiting the generality of the foregoing, such collective agreements include: a) where applicable, the current collective agreements covering the residential sector of the construction industry in the geographical area in which the Services site is located, between:.1 The Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario, where it applies to the residential sector;.2 The Residential Agreement between the Greater Toronto Electrical Contractors Association and the International Brotherhood of Electrical Workers, Local 353;.3 The High Rise Residential Agreement between the Metropolitan Plumbing and Heating Contractors Association and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46;.4 The Low Rise Residential Agreement between the Independent Plumbing & Heating Contractors Association and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 46;.5 The collective agreement between TCHC and the Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America; b) where applicable, the current collective agreements covering other sectors of the construction industry, including the industrial commercial and institutional sector, in the geographical area in which the Services site is located, between: RFP Window Replacements & Building Envelope Repair Various Locations Page 19 of 38

24 (i) The Principal Agreement between the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario; (ii) The provincial agreement between the Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council; (iii) The provincial agreement between the Carpenters Employer Bargaining Agency and the Carpenters Employee Bargaining Agency; (iv) The collective agreement between TCHC and the Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America; (v) The provincial agreement between the International Union of Bricklayers and Allied Craftsmen and the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen, and the Masonry Industry Employers Council of Ontario. c) Section 5.8(b) shall apply to each subcontractor with all necessary changes. The Contractor shall include the provisions of section 5.8 (b), with all necessary changes, in each of its contracts with subcontractors for any part of the Services. d) The Contractor shall indemnify and save harmless TCHC from and against all loss, cost, claim, expense or damage suffered by TCHC arising from the failure of the Contractor or any subcontractor to comply with the requirements of section 5.8(b). 5.9 Proponents Responsible for Obtaining Independent Legal Advice TCHC cannot answer any questions pertaining to the successful proponent s obligations under TCHC s collective agreements. We are unable to provide legal guidance concerning a vendor s legal liability or answer any questions regarding whether union labour will be required in the provision of the services. TCHC encourages all vendors to secure independent legal advice based on the specifics of the Collective Agreements, the vendor s business, and the exact services to be provided under the RFP. Copies of the Collective Agreements can be found here: [End of Part 5] RFP Window Replacements & Building Envelope Repair Various Locations Page 20 of 38

25 SUBMISSION FORMS TO BE COMPLETED BY PROPONENT Submission Form B Vendor Acknowledgements Submission Form C Rate Bid Form Submission Form D Agreement to Bond Submission Form E List of Subcontractors Submission Form F Rated Criteria The above forms must be reviewed, completed fully and accurately and returned as part of the submission package. Note: Submission Form C Rate Bid Form must be submitted separately in Envelope #2 (see Section for more details) RFP Window Replacements & Building Envelope Repair Various Locations Page 21 of 38

26 SUBMISSION FORM B VENDOR ACKNOWLEDGEMENTS Proponent must review and acknowledge agreement of the clauses below, and must complete all indicated items and include in their submission: 1. Acknowledgment of Non-binding Procurement Process The proponent acknowledges that the RFP process will be governed by the terms and conditions of the RFP, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal legally binding bidding process, and that there will be no legal relationship or obligations created until TCHC and the selected proponent have executed a written contract. 2. Ability to Provide Deliverables The proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required under the RFP. The proponent represents and warrants its ability to provide the Deliverables required under the RFP in accordance with the requirements of the RFP for the rates set out in the Rate Bid Form and has provided a list of any subcontractors to be used to complete the proposed contract. The proponent encloses herewith as part of the proposal the mandatory forms set out below: Notice to proponents: There may be forms required in the RFP other than those set out above. See the Mandatory Requirements section of the RFP for a complete listing of mandatory forms. 3. Non-binding Price Estimates The proponent has submitted its rates in accordance with the instructions in the RFP and in the Rate Bid Form set out in Submission Form C. The proponent confirms that the pricing information provided is accurate. The proponent acknowledges that any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact the acceptance of its quotation or its eligibility for future work. 4. Addenda The proponent is responsible to download, read and accept and incorporate all addenda issued by TCHC prior to the Deadline for Issuing Addenda into their submission. The onus remains on proponents to make any necessary amendments to their proposal based on the addenda. The proponent must confirm that it has received all addenda below. 5. Policies The proponent has read, understood and agrees to comply with the policies, practices and statements found on TCHC s website at the following link: including but not limited to the following; o o o o o o o Human Rights, Harassment and Fair Access Policy Vendor Standard Terms & Conditions Vendor Code of Conduct Fair Wage Policy Procurement Policy Health and Safety Program Ontario Labour Conditions, Construction Lien Claims and Trade. RFP Window Replacements & Building Envelope Repair Various Locations Page 22 of 38

27 6. City of Toronto Shared Procurement The proponent agrees to permit other ABCC s to purchase under the same terms and conditions against any Contract which may result from this RFx. This shared procurement requirement will only be enforceable during the term of the contract with TCHC, and is subject to the Proponent s capacity to be retained for additional work. 7. Prohibited Conduct The proponent declares that it has not engaged in any conduct prohibited under Section 4.4 of this RFP. 8. Disclosure of Information The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by TCHC to TCHC s advisers retained for the purpose of evaluating or participating in the evaluation of this proposal. 9. Conflict of Interest 9.1 For the purposes of this section, the term Conflict of Interest means (a) in relation to the RFP process, the proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of TCHC in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the RFP process (including but not limited to the lobbying of decision makers involved in the RFP process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the RFP process; or (b) in relation to the performance of its contractual obligations contemplated in the contract that is the subject of this procurement, the proponent s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. (c) Has a fiduciary, family, directorship, shareholder or any other non-arm s length relationship with any other company potentially bidding on this RFP. (d) Has engaged any ex-tchc employee as employees, advisers, or in any other capacity and (a) who have participated in the preparation of the proposal; AND (b) were employees of TCHC and have ceased that employment within twelve (12) months prior to the Submission Deadline: If the proponent needs to declare an actual or potential Conflict of Interest, the proponent must set out details of the actual or potential Conflict of Interest below: 9.2 Conflict of Interest Declaration RFP Window Replacements & Building Envelope Repair Various Locations Page 23 of 38

28 The proponent hereby declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP. Conflict type as described above Conflict of interest (a) Describe nature of conflict of interest (or indicate N.A.) Conflict of interest (b) Conflict of interest (c) Provide additional details on a separate piece of paper if required. 9.3 Conflict of Interest Declaration TCHC Staff The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our proposal; AND (b) were employees of TCHC and have ceased that employment within the twelve (12) months prior to the Submission Deadline: Name of Individual: Job Title: Department: Last Date of Employment with TCHC: Brief Description of Nature of Individual s Participation in the Preparation of the Proposal: Name of Individual: Job Title: Department: Last Date of Employment with TCHC: Brief Description of Nature of Individual s Participation in the Preparation of the Proposal: (Repeat above for each identified individual) The proponent agrees that, upon request, the proponent shall provide TCHC with additional information with regards to each individual identified above in the form prescribed by TCHC. RFP Window Replacements & Building Envelope Repair Various Locations Page 24 of 38

29 10. Proponent Information Please fill out the following form, and name one person to be the contact for the RFP response and for any clarifications or amendments that might be necessary. Full Legal Name of Proponent: Any Other Relevant Name under Which the Proponent Carries on Business: Street Address: City, Province/State: Postal Code: Phone Number: Fax Number: Company Website (If Any): H.S.T. Number: RFP Contact Person and Title: RFP Contact Office Phone: RFP Contact Cell Phone: RFP Contact Facsimile: RFP Contact RFP Window Replacements & Building Envelope Repair Various Locations Page 25 of 38

30 CONFIRMATIONS: I hereby confirm reading, acknowledging and agreeing to the above items 1 to 8 in Submission Form B. I confirm that that any real or possible conflicts of interest as outlined in item 9 have been disclosed in the form above. I confirm having read and accepted all addenda issued by TCHC prior to the Deadline for Issuing Addenda. I confirm that each of the Forms listed below has been completed and is enclosed with the submission. FORM # of Addenda Received = Submission Form (B) Rate Bid Form (C) Agreement to Bond (D) Subcontractors List Form (E) Rated Criteria (F) INITIAL TO ACKNOWLEDGE I confirm that I have authority to bind the proponent, and attest to the accuracy of the information provided in this proposal Signature of Proponent Representative Proponent Name, and Title Dated: Name of Proponent Company Witness Signature Witness Name, and Title Executed under the seal shown below, with the intent that such execution take effect as a deed. Seal RFP Window Replacements & Building Envelope Repair Various Locations Page 26 of 38

31 SUBMISSION FORM C RATE BID FORM Submission Form C must be submitted in a separate sealed envelope clearly labelled Submission Form C Rate Bid Form with the Proponent s name and the RFP number clearly indicated on the envelope. Submission Form C-1 Rate Bid Form Submission Form C-2 - Rate Bid Form Submission Form C-3 - Rate Bid Form 35 Park Home Avenue 145 Mutual Street 4455 Bathurst Street Please check the Site for which you are submitting a bid. # Site 1 35 Park Home Avenue Submitting a Bid for the Site Not Submitting a Bid for the Site Mutual Street Bathurst Street Proponents must complete and submit the Rate Bid Form. Pricing must be in Canadian dollars excluding HST but must include any and all additional costs and expenses, including but not limited to licenses, travel and sundry disbursements. Rate Bid Forms must be completed or they will be disqualified. No changes to the Rate Bid Form are permitted during the Rectification Period. For certainty, this means that missing pages and missing information will cause a proposal to be disqualified. If a line item is left blank, TCHC shall assume there is NO COST for that line item and the proponent shall not be able to change its pricing from what is indicated. NOTE: The Total Price (Excluding HST) will be analysed and the lowest price for each site from different respondents will be considered. No single respondent will be awarded more than one site. In the event a respondent has the lowest price for more than one site, that respondent will only be awarded one site. The selection of which site the lowest respondent will be awarded will be at the discretion of TCHC. The second lowest priced respondent will be invited to negotiate pricing for one of the remaining two sites. The selection of which site the second lowest priced respondent will be awarded will be at the discretion of TCHC. The second lowest respondent will be asked to negotiate pricing down to align with the market rates as established by the lowest priced respondent. The same process will apply for the third site and the third lowest priced respondent to ensure that each site is awarded to a different respondent at competitive rates. RFP Window Replacements & Building Envelope Repair Various Locations Page 27 of 38

32 SUBMISSION FORM D AGREEMENT TO BOND 1. Agreement to Bond a. The proponent must submit a completed Agreement to Bond (copy below) with their submission. - OR- b. The proponent must provide a note on the proponent company s letterhead, signed by a duly authorized member of the proponent s company, and sealed by a commissioner. This note must state that the Proponent intend to submit performance security in the form of an irrevocable letter of credit, a bank draft or a certified cheque in the terms and conditions specified in the contract if the proponent is awarded the contract by Toronto Community Housing. 2. Performance Security upon Award a. Upon award for greater certainty the successful proponent will be required to provide the following performance security: A Performance Bond issued by a Surety Company authorized to transact the business of suretyship in the Province of Ontario under the and in the Owner's approved form which is attached hereto and shall be in an amount equal to 50% of the Contract Price. A Labour and Material Payment Bond, be issued by a Surety Company authorized to transact the business of suretyship in the Province of Ontario under the and in the Owner's approved form which is attached hereto and shall be in an amount equal to 50% of the Contract Price. b. As an alternate to the Performance Security for this tender: if the contract price is less than $1,500,000.00, the following alternate forms of security are acceptable in lieu of the Performance Security: an irrevocable letter of credit; a bank draft; or a certified cheque in the amount of 20% of the contract price (including applicable taxes). If this alternate form of security is used, it will be returned to the Contractor ninety (90) days after the completion of the work and the correction of all deficiencies. If deficiencies involve seasonal work that must be postponed, the security will be reduced to an amount equal to the value of the work which remains to be completed and the balance of the security returned to the Contractor ninety (90) days after all outstanding work is complete. If you intend to submit this alternate form of performance security: include a note to this effect with your submission. The note must be on the company s letterhead, signed by a duly authorized member of the company and sealed by a commissioner. you need not supply an Agreement to Bond with the Submission. RFP Window Replacements & Building Envelope Repair Various Locations Page 28 of 38

33 Agreement to Bond To: Toronto Community Housing Corporation and to: (the Contractor ) We, the undersigned, hereby undertake and agree to become bound as Surety for the Contractor in: (a) a performance bond totalling 50% of the total price and; (b) a labour and material bond totalling 50% of the total price. If the bid for: RFP # Window Replacements and Envelope Repairs 35 Park Home Avenue, 145 Mutual Street and 4455 Bathurst Street is accepted by Toronto Community Housing, the undersigned will execute the bond within seven (7) days of notification of acceptance of the bid. Dated this day of, Name of Surety Company (Company Seal) Signature of Authorized Person Signing for Surety Name of Bidder: RFP Window Replacements & Building Envelope Repair Various Locations Page 29 of 38

34 SUBMISSION FORM E LIST OF SUBCONTRACTORS Complete this schedule providing all information requested on the schedule. If no subcontractors will be used on this project, Print Own Forces on the first page and submit that page with your submission. The proponent must advise TCHC in advance in writing of any intention to a change in subcontractors at any time during the contract. Note that TCHC reserves the right to reject any named subcontractor at its sole discretion. Identify Subcontractors who will be used to execute portions of work to conform to the requirements of the Contract Documents. Subcontractors are required to declare litigation history with Toronto Community Housing or its subsidiaries. Subcontractor 1. Company Address Contact Person Contact Number Scope of Work to be performed by this Subcontractor: Qualifications and experience of this Subcontractor: Subcontractors must declare if any litigation (past and present) or disqualification with TCHC. Include the following information: name of plaintiff; name of defendant; year litigation was initiated; disputed amount ($); nature of dispute; and whether the dispute is ongoing or completed. Include litigation details with your Submission by attaching details to this form, if applicable. RFP Window Replacements & Building Envelope Repair Various Locations Page 30 of 38

35 Subcontractor 2. Company Address Contact Person Contact Number Scope of Work to be performed by this Subcontractor: Qualifications and experience of this Subcontractor: Subcontractors must declare any litigation (past or present) TCHC. Include the following information: name of plaintiff; name of defendant; year litigation was initiated; disputed amount ($); nature of dispute; and whether the dispute is ongoing or completed. Include litigation details with your Submission by attaching details to this form, if applicable. Subcontractor 3. Company Address Contact Person Contact Number Scope of Work to be performed by this Subcontractor: RFP Window Replacements & Building Envelope Repair Various Locations Page 31 of 38

36 Qualifications and experience of this Subcontractor: Subcontractors must declare any litigation (past or present) TCHC. Include the following information: name of plaintiff; name of defendant; year litigation was initiated; disputed amount ($); nature of dispute; and whether the dispute is ongoing or completed. Include litigation details with your Submission by attaching details to this form, if applicable. Subcontractor 4. Company Address Contact Person Contact Number Scope of Work to be performed by this Subcontractor: Qualifications and experience of this Subcontractor: Subcontractors must declare any litigation (past or present) TCHC. Include the following information: name of plaintiff; name of defendant; year litigation was initiated; disputed amount ($); nature of dispute; and whether the dispute is ongoing or completed. RFP Window Replacements & Building Envelope Repair Various Locations Page 32 of 38

37 Include litigation details with your Submission by attaching details to this form, if applicable. I CONFIRM THAT I HAVE AUTHORITY TO BIND THE PROPONENT, AND ATTEST TO THE ACCURACY OF THE INFORMATION PROVIDED ABOVE IN SUBMISSION FORM F LIST OF SUBCONTRACTORS; Signature of Proponent Representative Proponent Name, and Title Dated: Name of Proponent Company RFP Window Replacements & Building Envelope Repair Various Locations Page 33 of 38

38 SUBMISSION FORM F RATED CRITERIA Proponents shall provide information required in this submission form as part of Stage II Evaluation of Rated Criteria. Stage II will consist of an evaluation of the rated criteria to determine the high score based on the following criteria. Below is an overview of the categories and weighting for the rated criteria of the RFP. Proponents shall refer to Section Rated Criteria for more information. Proponents who do not meet a minimum threshold of 70 points will not proceed to Stage III of the evaluation process. Item No. Rated Criteria Weighting (Points) Minimum Threshold 1 Qualifications and Experience/client References A. Qualifications (10 points) 70 B. Experience and Client References (60 points) Methods/Procedures/Capacity/Scheduling A. Detailed Construction Schedule (20 points) 30 B. Methods and Procedures (10 points) TOTAL 100 points 70 points 1. Qualifications and Experience/Client References Total Points 70 points A. Qualifications - 10 points maximum one page per key office personnel The proposal shall provide the following information: a brief description of the proponent and description of the goods and services the proponent has previously and/or is currently delivering, with an emphasis on experience relevant to the Deliverables (4 points); and resume of key office personnel (principal in charge, project manager and foreman) include the number of years with the company of the key office personnel include experience, education and training of the key office personnel (6 points). Submissions will be evaluated on the proponent s knowledge, skills and expertise in delivering similar windows / envelope projects. B. Experience and Client References 60 points B 1. Provide company s value of similar construction work for the past five years. Provide three (3) principal projects completed in the past five years, minimum value per project $750,000, maximum two (2) pages for each referenced project (3 points for each reference at 5 points each = total 15 points) project description and location; owner s company name, contact person and title, telephone number and address; and RFP Window Replacements & Building Envelope Repair Various Locations Page 34 of 38

39 consultant company name, contact person and title, telephone number and address. NOTE: Subcontractor - if the project was carried out by subcontractor, provide sub contractor s information - company name, contact person and title, telephone number and address. B.2 For each project listed in B1 above, provide the following information (45 points): minimum project value of each referenced project is $750,000 include budget and final construction cost (5 points); schedule of each project date of completion include scheduled and actual completion dates and change order (30 points); project coordination at site/ communication with owner and consultant, project administration (5 points); and demonstrate experience in similar window/envelope projects in multiresidential occupied units/buildings (5 points). Submissions will be evaluated based on performance history of completing work with good workmanship and expertise in delivering similar size structural projects (windows / envelope projects). TCHC reserves the right to call for reference checks. TCHC may contact each of the references, verbally and/or in writing, to acquire information including but not limited to the company s past record of performance on contracts with respect to quality of work, completion of project within budget, within performance goals and within time. 2. Methods / Procedures / Capacity /Scheduling Total Point - 30 points Proponents must clearly demonstrate with a preliminary construction schedule that they have the necessary resources required to provide the services to TCHC to undertake and complete the projects that they are bidding on. The description should be a maximum of two (2) pages. The estimated construction schedules are as follows: 35 Park Home Avenue 40 weeks from date of PO issuance (July 30, 2016 to May 15, 2017) 145 Mutual Street 50 weeks from date of PO issuance (June 30, 2016 to June 15, 2017) 4455 Bathurst Street weeks from date of PO issuance RFP Window Replacements & Building Envelope Repair Various Locations Page 35 of 38

40 A. Provide a detailed construction schedule for each site to include (20 points): construction commencement and completion dates (6 points); indication of milestones, critical path, specific requirement mentioned in the specification (6 points); and number of foremen and workers at site and how they are related to the activities (8 points). Note: Also, specify the type of works to be carried out by subcontractors. B. Provide a description of proponent s methods and procedures as it relates to (10 points): responsiveness to clients; (3 points); ability to complete jobs on schedule and on budget (5 points); and innovations on industry best practices (2 points). Submissions will be evaluated on how work is scheduled, resources, methods and procedures, specifically in relation to responsiveness to clients, ability to complete the job on schedule and on budget, efficiencies and cost saving outcomes and innovation on industry best practices. Note: It is required that proponents use Submission Form F - Rated Criteria (Working Document) and no other format when completing the Rated Criteria submissions. Please complete Submission Form F Rated Criteria (Working Document) as per instructions contained therein. TCHC reserves the right to decline to evaluate any information for Stage II Evaluation of Rated Criteria which is not contained within this form. RFP Window Replacements & Building Envelope Repair Various Locations Page 36 of 38

41 APPENDIX A CCDC 2 AND SUPPLEMENTARY CONDITIONS TO CCDC 2 This is attached for your reference and forms the basis for negotiating a final agreement. RFP Window Replacements & Building Envelope Repair Various Locations Page 37 of 38

42 APPENDIX B SCOPE OF WORK Proponents shall provide the services specified in the attached PDF files for deliverables, drawings, and scope of work (separate files). RFP Window Replacements & Building Envelope Repair Various Locations Page 38 of 38

43 n C C [Name of the Project I Apply a (11)11 spyrighi ci hcrc. The application ii lie seal slenionsiraics 11w nienlilt ci 11w piny proposing thu use ii his dounnienl chat it he an accurate and ciarrencled ira ii ( CIX 2 2OO except ii the extent hit any alicrat its, additions or mcdii ical tills ire set forth in supplementary conditions. C.:\ NALJ CANAD CzNA 1)1 Is IS 1 S L RU I Ai/N DCCI N ( ONSRU( ION PO( LI N (0 1 AN CONSTRUCTION DOCUMENTS COMMITTEE

44 it I ABLE OF confi:nis I [ ArRI I:II:NT IIri vfi:n ow Nl:R ASI) C )N ri(.\r ( )I{ A-I [lit: Woik A 2 A rtccnteiits intl Atnendinenls ni act I ii cut netits A I C i,nirict lncr A S [is itmitl A I, Receipt i,tand AtIsli esses hr Notices iii Writing A i.;itigniige titilie C iiiilisicl A-S Siicccssii,n DEFINIlIONS - t ii. ige I )iftcitv, 2. 1 li,inttc tinier 3. ( ssilsirticti,iii Ia1iiipnit nt 4, 1 iiitsnlltitil 5. C isiiit:ict 6. nit tel )iscotiients ,sittiact Price itt I tine I mmii or I )r-its n gs ieee ii Writittg 2 I t s iiei Place iii the Work I-i IS r,x:tic pn..0.. I ( Ii tivide 7. St 111:1 loss rigs IX St r ci:ictititwis I I. S uhcontrwttir Stit3siirIi_il I crtliri:t,iiucc ol the V ork 21. Stihi:ielncr:I;il Instrucrmtiii 22. Supplier 23. l etit put :trs Wo: k 24. V.ile.e Adttd I 25. Wick 2o. Wtirking flay cener.-lcondirionsofrile STIPIIATED PRICECONTRMT PARE I (;ENEIt[, PROVISIONS (K 1.1 ( oninwi l)oritint-nn (K I ass oi tlw Connie: (IC I.3 Rights mid Rcntcdics I K i.4 Assijiti1c;n l Ak l 2 AI)NIINISIk.%II0N OF liii: (OV IRA( I 12.1 Autliorits ni I m ( onst.liani (ic 2.2 Role otilic C snijilani (II. 2.1 Rev tell a I nslwc ion n I I it \Vork (K. 24 I )eiixt:ve Work I PART 3 FXE(1TIO\ OF TIlE WORK K 3.1 ( isninil stilir \k irk C IC 3.2 (onstrtictioil by ( iwner nrc toter C onrractnis (K 31 (IC 3.4 I eittptirtirv \S,,rk I )octumient Review (IC. 3.5 C onstri ct till Schedule C IC,(i Snpcrvisioii (IC 3.7 Snhconii,tcitirs aid Supplic (1(3.8,ahiiur and litiducts (K,3t) I)ncunienis at the Site IC 3. II) Shop I )ruwings (IC 3. I I ise of the Work IC 3.12 Ctitiing and Reinedi:il Work (IC 3.13 Cleanup PARE 4 Al.LOWAN( 1:5 (K 4.1 (ash Allowances UC 4.2 Contingency Allowance I I %RI 5 I AV%IENI K 5,1 Fitituicoig Intiiini.iiiori Rettitiretl nitlie Owner 5,2 Applications Sir Pitigiess I as itient CC 5.3 I istgi css avitient K 5,4 Stttssltriti:iI l erlisrni_tnce of Ilit- Work IC 5.5 l iynicnt ill It,Idhick liptin Substantial l erfnnnance oh Ihe Wink (IC rogressi se tel case to II ol dhack IC 5.7 Ini:it l;iyiiicitt (( 5.8 Witliliiiltting isli tivnient (i( 51) Nnn ctntisiiiting \i uik PARE 6 ( IIANCFS IN FIlE WORK ( 61 Owner s tight iii Make Changes I K C lttuigc (ii ii cr (K 6.3 Change 1)1 ccli Ye IC 6,4 C muocciicd iii tjitkrutmwn C ondilions ( 6,5 I letays (( 66 ( huitis tbr a Change in Contiiet Price PART 7 DFFAI lit NO t u I: a 7 I C hvticrs Rtehh to Pc-thsrn, the Wt irk. Tennmnare thit-t i nt, cm ir c nt :ttw- ssitti lw Wink o lenti:tuitt- ihte C,ininict Cr( 72 Cintt_icins Rjojfl ii Suso-nJ the Wo:k iii I ci ittnt:iim_ the Cottti.st t PARE H DISPI TE RES0I.ITh)N ( 8.1 Aiahtur:t otihe C,mtiss_tt_:::: ic 82 Ncgiei_i:iiui. \lssii_,t;,un and Arhmi aii,m (1(83 ttctcr:tiiinormgiits PART 9 PR0 EE( HON OF PERSONS ANI) I ROPER fl IC t I I rott-ci:on ii Womx and Iinsl*,IlV ( ;C 9.2 l os:c and I ta,_;rtkuus Sti[isiatices (1(9.3 Anifxh and l ussits C K 9 4 ( oust ruc i kit Saldiy Calls Mt*ld PART 10 (:OVERNIN(; RECIJLV[IONS (IC I It t I ases and I Xit es (IC I 0.2 laws. Notices. l emiiis, itnd Fees (IC 10.3 Patentl ecs (IC 10.1 Workers ( ompemssatitin I kkt It INSLRAN(F;,%NI) (ONERACE SE(LRIEV ( IC II. I Insurance II 11,2 C,snt_c[Sectwits i ARr 12 INDENINIFI(A[ION,WAIVER OFCL1INlSA\I) &RRANIV 0(1 2.1 IndemniIicaom (IC 2.2 Waiser oic laira (IC 2.3 Warr:mtv liii (;in;tdian (onsirtri:on I kwiinenls I tirnniit:ec (( (IX) is a ni:iiinii ant ci mmiii Ce rt-s msi[, Ic for th e dcsctispmt-ni - pr ti ut toil mid revi ess of standard bin tins i met 151 ci nrrac is. I na- tat uides I Oh mcd in 1074 Ihe ( ( I )( is i oade up ui volunteer rep reset tat yes trot it I tihl ic Sector I )wncrs [ ovate S celia I )wi ci s atiad ian Bar Assttc tat oil (I,x ( 11.1 IC 101 * The Association of Canadian Piigl[leeciitg (tittipaities * I he Canadian Construction Assticiaoiio * ( otistruction Spcciflcations Canada I lie Royal A rcli itectuntl Institute of Canada tot Ii, Ctsrnrnittce policy and procedures are directed and approved by the I iur constiwcitt national orgat1iations C t)( 2 is Ihe prod oct of a ctitisetisus hu t I di tig process aimed at ha I:itictng the interests of all pafl tcs on I lie cu,o,slructii iii proieei. It rell eels recomtttended adsisu practices. CCIX 2 can have important consequences. The CCI IC and its constitoent tiiensher organtialions do mu accept any responsibility or li:i[sihits for loss tsr dtinitge wh cli nay he sul hrecl as a resull of the use or to ieqlreoii ton oh (Xl)C 2 (( I)( Copyright 2008 Must mt 1w copied in whole or iii ptri without the SIT itten permission oil he CCI )(

45 SLiiida,tI c cii,lrj,clion I)ocuni,eiil ( C I)t, AGREEMENT BETWEEN OWNER AND CONTRACTOR [ or is. wi,cn ii slij,;iiiitrti prire i Iii. I,,isis piryoleol. Tins Agreement made on (he by 1111(1 between the InIrties day oh in the year hereinafter called the Owner mnci herein a her called the It n ante? or The Owner and the ( anti-actor agree as follows: ARTICLE A-I TIll-: VORK TI Ic Conirac tt r shall: I.1 pertbrin the II yea required by the Contract Documents for located at isert 0/, ave the punt it <if the Work br which the Agreement has been signed by the paflies, and hr which insert above rh- Place ofthe tyork is acting as and is hereinafter called the Consultant and insert i,hon the lobe -ft/ic ( an cu/kant.2 do and fultili everything indicated by the Contract Documents, and (.3 commence the flora by the day of in the year arid, subject to adjustment in Contract lime as provided Ibr in the C on/rae! Documents, attain,s uhsea,niai Performance a/the II ark, by the day ol in the year ARTICLE A-2 AGREEMENTS AND AMENDMENTS 2.1 The ( onirtu-? supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A-3 ol he Agreement - CONTRACT DQ( UMLN l S. 2,2 The Contract may be amended only as provided in the Contract Documents. ( ( 1) I:.Ic ciii-: This cs nth,c lix prcih-ct-d hr coping/il. Cc via ( C 1 )t di,cunient not containing a t I IX 2 c iip, nght sea? i iaci,tute.t an ln/nhigc meni of i cipii ic bt ( buy sign this icintract if the doetlflk lit Liver page bears a C C lit 2 c ip;r,ght wa! to di-incitis lotte that II 13 intended hr flit pilflio U- he at act israte and unamendc i/ 1(51100 cif DL 2 cxi L n/ ii, the exic ttl i/ia! an; a/t rahcins. adctatons or niothfic anun,c alt set forth in suppkmentan i ond:nons.

46 AItl ICLE A-3 CON I RAC [ DOCLIMENI S 3.! The Nlowing are the ( on/rae! Doeunu tns referred in in Arl ide A I of the Agreement THE WORK: * A grecm C ni be 1w ccii Owner and C on/rae! rn Dc hut ions I hc (Jcncnil Conditions of the Stipulated Price ( ontraci * (mccci here, cttuctelta&i addatonal PCL CS if required, a list ick nüfvin all other ( on/rat-! t)oeumenft e.g. su ple,nentarv t ondutons, In/orma/unt dot-umenis;,c/iel I/Iciutons, giving ii tic! ci c c,n/entc with.eeiiofl numbers and titles, number v/pages and date; miner/al /inishing schedules; draic ings, c.iving drawing number, (ilk, Saw, revision datt or mark; addenda, giving title, number, dali) (Xl )C Fde tptis2 3 2 Nat, : Tin.s cc,tiii rn I j.c pmft c teci hi cvp,r,ghi. (Ac oft. C 1 Pt 2 doennunt iii,! iannnn,ng a C 7( 2 cop voghi seal, tinst,littes an lofi1tieenlc nt of nip),ght On!, sign this contract 4 the document lover page hears a ( C 1)! 2 cnpir;ght s, al 1,1 len,on.s I,ale shut! i/is,ntended hi the parties to he an accurate am! w,a,nendeil 10-non of ( DC c-wept to it,, extent that any a/frrat,aitc, adthoon. or Inodili, sina,,s ai c,n ijar!h vi suppkmentw i eandaurns.

47 200ct 2 /100 dollars S /100 do! lars S INSURAN( Altl ICLE A-4 CON I RAC I PRICE 4.! The ( on/tact Pr/ct, winch excludes Va/ut Acldt c/ lair s, is: 4.2 I thie Addict ithc.c (of %) payable by the Owner to the ( on/rector ate: 4.3 Total amount payable by the (hence to the ( on/rae/tip or the construction of the I[ork is: 4.4 I hcsc amounts shall he subject to adjustments as provided in the ( rio/nw! Doe umentc. 4.5 All arnoun(s are in Canadian tunds. /100 dollars S ARTICLE A-5 PAYMENT 5.! Subject to the pro\ isi ens of the Contract Documents, and in accordance wit Ii legislation arid statutory regu at ions respecting hol dhack percentages and, where such legislation (Jr regulations do not exist or apply, subject to a holdhack ot percent %) ( the Ori ner shall: I mike progress payments to the C on/rae/at on account of the C on/mci Price when due in the amount certified by the onsu//ant together with such Value Added haes as may be applicable to such payments, anti.2 upon Substantial Performance of/he Work, pay to the C on/rector the unpaid balance oft lie ho Idhack amount when clue together with such [thie Added Taxes as may he applicable to such payment, and.3 upon the issuance of the final certificate for payment, pay to the ( on/rae/or the unpaid balance of the Contract Price when due together with such Va/ne Added faxes as may be applicable to such payment. 5.2 In the event ol loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall he made to the ( on/rae/or in accordance with the provisions of GC 11.1 Ii. 5.3 Interest.1 Should either party fail to make payments as they become due under the terms of the ( on/rat! or in an award by arbitration or court, interest at the billowing rates on such unpaid amounts shall also become due and payable until payment: (I) 2% per annum above the prime rate hr the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall he the rate of interest quoted by (ii kit flank oft?wflt- i d tendoiç tori; 10mm ri-hiatt (icier rote my to he o.r cdi for prime business loans as it may change from time to time..2 Interest shall apply at the rate and in the manner prescribed by paragraph of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part S of the General ( onditions HISl U fl RLSOLIJ flo\ or otherwise, from the date the amount would have been due and payable under the ( on/niet, had it not been in dispute, until the date it is paid. ((1X 2 2(108 file 0( bent: Tin each-, mt-i is pni?t aed by copyright. Un-c u/u C C tn 2 dot-omens ii,,! ccimnainmng a C C DC 2 cimpym mghi seal c o,zcntutes an a;/,rnc enmt ni of tcip;nghi only sigh, tints tonir,m, -, if tilt c/tm<anlt n( corer page intact a ( ( 1)0 tapir phi seat I,,,tt rnini is, alt thai i/is intended by tint part,es to hi an at climate anti nm,ament/ed VersIon IN 2 cicept to the xtt nt that an,) aberal,on.v, add,oons err It, tb/ic ali rns alt. -ei for/h In.copp/emenlarj t ondmtions.

48 2 AWI ICLE A-6 RECEII l OF ANI) ADDRESSES FOR NO l ICLS IN WRITING 6.1 Notices in![ riting will be addressed it the recipient at the address sd out below. The delivery ova Nolk in IFriiing will he by hand, by courier, by pivpaid flrst class nail, or by fitcsiniile or oilier form ol electronic eoinniitnic;ttion during the transmission ut winch no indication ut thiltire ot receipi is communicated to (lie sender. A \otu c in ll ilia delivered by one paw in accordance with this C nitnxct will lie deemed in ha -e been received by (lie oilier party on (lie date of delivery if delivered by mod or courier, or it sent by mail it shall lie deemed io have been received live calendar days alter the date on which it was nailed, provided that iheither such day is nol a JE,Ainc flat. ihen (lie Nonc In!i ritini sinill he deemed to have been received (in the H orking flat next tbilowing such day A Notice in I! ritit; sent by fttcsitnile or other fonii nt electronic conmiunication shall be deemed to have been received on the dale oh it, transmission provided that it such day is not a ih,pa/,,g 1kw or lit is received alier the end ol normal business hours on the date of its transmission ai tile place ot wceipi. then it shall be deemed to have been received at the opening of busiiess at (lie plice of receipt on the tirst Ihwkmg flat next fluliowing the tmansniission thereot. An address tor a party nty be changed by No/in in Tinting to the other party setti ig out the new address in accordance with this Artiete. Owner, /Ui, ;,,,-* od,lre vs Comi t ro ci or IL saudi nun,hur address,io,nco/ I,nld,,.s.s fin snude own?,, r address Consultant muon of ( :,,nx,d,ant *,,cldies fisrs,nuh nunli,,, ton (IdIhCS.V * iii! is intended that the no/icc titus! he received by a specific: individual, f/tat individual s name shall he indicated. ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the rontra1 i Documents are prepared in both the English and French languages, ii is agreed that in the event of any apparent discrepancy between the English and French versions. the English / French # language shall prevail. C amp/etc this slatenwut hi striking out inapplh able term, 7.2 This Agreement is drawn in Lnglish at ike request ofthe panics hereto. La préseote convention est rddigëe en anglais a In demande des parties. ( CiK 2 2ttOi F,teOO5lt3 4 Vu,, 7Im,.v,,nrra is proh rtc d hr p, r,ght. L, of,, I C l)( 2,t,x,,,,w,,l me c,rnta,n,n a I It)( c aping!,! veal i onshfls!,s rn ink/n gcm,- it,4,,,piryhi. (In?,.s,g,m I?,: c n,, cu (if Undue ig u, flt core, flag, is ar a C C? 1/ 2 c,, I tight seal to Ann,,, S I alt that it is zntcnch c? hi tim, pariss s Pm lie WI icc train ami WiahiWnds d i Ll thu Dr s cusp! RI hi, extent that ant alt,,at,aiu, ci,!, 4j,,, or mod,/wannns we s tjci Us in suppleimu mun ondaum.s

49 2008 ARTIcLE A-H SUCCESSION 8.! l he ( volt-act shall entire to the benehi of and be hi iding tipon the parties hereto, their respective heirs, legal representatives, successors, and assigns. In wit ness wlierucif the part es hereto have execuied iii is A greetnent by the hands of their duly an ihorized represen Wives. SIGNI :D AND DELIVERED iii the irescilce ot: WITNESS OWNER -,gna(wi.1 ICIIU!WC liullic / /Jc tflht ItnItlt (IOU IC LIIII I (Il/c cj 1ierccn en S/len Igmsiw e nuoi 4 p o g,,,lg (IOnic s,iii (((IL vjpewni s,gwtil, WITNESS CONTRACTOR IkttflCiIJ I ontrot (o,.clgnature nanse offwrwin signing music and ( lie v pei c,jiiyeili(ig slgnielur signature tutni, nj peiciri.vsgiu(ig lane tiiiti title if per.vm SIC(IIn,C A. B. Jf here legal jurisdn lum. local pratt/cl or Owner or ( onirclclor requirement calls/or: (i4 proulo/ cnithen ay lei execute july document, aua h gut!; 1,roo/o/authornv in the fhrn; of a certified cop; of a resolution (h) nuiiiing the representan ve( ) nuthonad to sign the Agreement for and on he halfoj the corporation or partnei;hi, ; or the ct/fixing of a corpoiiite seal, this,1grceinent should he properly sealed. (XtR iniuoo2i3 5 Now; lines con!, it I Is pvuc ekd hi eoprnghi. (icc v/a C ( DC 2 docun,ent Sw! ceeaoovtng ci ( ( tic 2 cop voghi seal cons/ IuIc s cm enfrtngenw it of eeiprflgiil (In!; SIgn tints cornis,e( i/the dot-unsent cover page bears a ( I I)( 2 cceppsght scat hi cknnc,,n.sn oie tin/i a is,nwmted hi the ponies to he an jet orate and unarnended vc i sion cii /U - 2 etc apt to tic e.r(en( ii,a( an) a/ierai,ons, addwon.c or nie&i,ficaniins a, sc ifc flh vi suppknnenlar o,id,nons.

50 DEFINI I IONS Si.indi d t, oiistrnctii,ii t)ncuiiiciit ( C I IL 2 2(tttK The tbllowing l)etinitions shall apply to nil ( ontraci Documt nt.v. I. Chante I)ircctivt A (luzi ige I )in c ti is a wri Hen instruct on prepare if by the C oitru/h tat and s gn ed by the Out lee direct ii g the ( vi i/rae/op to proceed with a change in the JVorA within flue general scope of Iiw ( on/rca! Doc umc nts prior to the Ounce and the oat? RUn agreeing upon adjustments in the ( ontract PrAtt and the C on/tact h,iic, 2. Change Order A C /amgt Order is a written amendment to the C e)lthcwt prepared by the ( onsuhcmi and signed by the Goner and the onmic hn stall tie I heir aureement ti ion a change in tile ft o, k: the tnet:iod ot adiustinent or the amount ot the adjustment in the ( onb aci tin, ianv alit! the extent ot the adjustment ill thee dntti ctc t mm, iianv. 3. Construction Equipment up aunt lion I%/uiJmzeIIi means all mac hi ncr) and eq LI i ptnen t. cit her operated or not operated. tim at is eq um ed ii r prepari 11g. imbricalimig, conveying. ereeti ig. orotherwise perioniling the Jfln k hut is not incorporated into the lfiwh. 4. Consultant The C wtvulttmt is the person or entity engaged by i tie Goner and identified as such in the Agreement. The ( mmsultmt is the Architect. the Engineer or entity licensed to practise in the province or tern city of the i lace / the JI,rk. The term Concuftant means the C onsuhani or the ( o,wthnn s authorized representative. 5. Contract I he on/nit-i is the undeilaki ng by the patties to perform their respective duties, responsihi Ii ties and obligations as prescribed in the Contract Documents and represents the entire agreement hetweeti the part es 6. ( ontract Documents [he on/rail Documents consist of those documents listed in Article A ] of the Agreement CONTRACT DOCUMENTS atid amendinetits agreed upon between the parties. 7. Contract Price The C ontract Price is the amount stipulated in Article A 4 of the Agreement CONTRAC I PRICE. 8. Contract Time The (tin/rae! Time is the time stipulated in paragraph 1,3 of Article A-I of the Agreement - THE WORK from commeneemetit of the Work to Substantial I er/ri;icinc e v/the Work. 9. Contractor The C mtra br is the person or entity dent i lied as such in Ilie Agreement. The term Con/rca/or means the Cont, ae/or or the on/rae/or s authorized representative as designated to the Quince in writing. 10. I)rawings The Ih cnrings are tile graphic and pielorial port ions ot the ( ontract lh,enmentc. wherever located and whenever issued, showing the design, location and dimensions of the flora, uenerally including plans, elevations, sections, details, and diagrams. I. Notice in Writing A,\ otici in ft riiin ç, where identified in tile Conmxc t Documents, is a written communication between the patties or between them and the Consultant that is transmitted in accordance with the provisions of Article A-6 of the Agreement RECEIP I OF AND ADDRESSES FOR NO lices IN WRITING, 12. Owner The Owner is the person or entity identified as such in the Agreement. The term Goner means the Owner or the Owner s authorized agent or representative as designated to Ihe C ontracor in writing, hut does not include the Consultant. t3. Place oliiw Work The Place vi the fl m k is the designated site or location of the It orlc identified in tile Contrail Documents, 14. Product or Projucjc means material, machinery, equipment, and ft,aures thmiing the Work, but does nol include ( otis/rue/ion Ilttip?itc n/ tctl( I ite tt(17t00 C, Mite: Thi ci c nflsici is pruiec wcb hr c vprnghi. (Li via C CIX 2 doconu nt it cunla,n,c;g a (1 [K 2 cupu nghi seal cnccvtwes in, o,frmnc cuieni oft npu r,gh, On/i,c,go tins c uflhr ac i 1 lie chic un,ent curer jxige hears a C DC 2 euprnghi sc ii ii dununsi, oft thin it is,,,wnded h the paves iv be an a conch unit unamented uf k except to fin exu oi thai an) atte,vnu,ms. addiouns or nzvth/i uli,nrv are seifiirth In s,eppk nn niaru c ond,twn.v.

51 IS. Project Ihe Project means the total conslrtlctioil contemplated of which the If o, k nay be the whole or a 16. Provide / mi/dc means to sop ply and n stall. 17. Shop Drawings Shop I )ran is ;gs are draw iii gs. (I iagrai n S. ill ustrut ions, scli ed LII L S, per I ri nag ice ci tarts, b to eli LI yes, Pri k/oct ci ala, a I I LI oilier data which the ( on/rae/or provides to ililisirale details ol portions of the Hark. IS. S1wcilications ( lie.s peci/ieatnuzc are that portion of (iw Contract Documentv, whcrever nettled and whenever issued, consistilig of the written eqilireinenis and standards for Products, systems, workmanship, quality. and (lie services Ilecessary lbr the perlonnance olthe (IotA. l9. Subcontractor A,Snhnnu,nc tor is a person or entity having a direct coturact whh the ( omrac lor to periorin a part or parts of the (lark at the P/ace t?/ I/u II or/c. 20. Subslanlial Performance of (he Vork.Sd,stu,niu/ I t sfortisanei is/ i/i, lvjn A isas defined in the lien legislation applicable to the P/ace the H ork. if such legislation is not in three or does not contain such definition, or it the li,,k is governeli by the Civil ( ode of Quebec,.Su/ slaniia! Performance of the ll o, k shall have been reached when the (( ark is ready for tise or is being used br the purpose intended and is so cenilied by the Considiam. 21. Supplemental Instruct ion A.S u/iplenu nta/ Ittstrm twn is an i istmetion. not involving adiuslment in (he ( o,,mntet Price or C on/rat! Tinie. in tile tbrm of.stitei/jt iflions, ih cnvings, schedules, samples, models or written instruci ions, consislcnt with the inteni of the ( on/rat! I)ocnmern.c. It is to he issued by the Constdtant to supplement the C on/rae! Documents as required tor the pertorinance of the (fork. 22. Supplier A Su/Ip/ter is a person or entity having a direct contract with the ( on/rae/or to supply Products. 23. lemporary Work lem, oran IT or/c nieans temporary supports. structures, fitcilities, services, and other teinponwy Ucms, excluding ( onstructhns /tqtupnwnt, required br the execution of the II,rk but not incorporated into the (FoiL 24. Value Added Taxes I a/nc ic/c/ed taxes means such sum as shall he levied upon the Contract Price by the lederal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales lax, the I lannonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the on/rat/or by the fax legislation. 25. Work The Ifork means the total construction and related services required by the ( ontract Documents. 26. Working Day (( orhiny flap means a day other than a Stourday. Sunday. statutory holiday, or statutory vacation day (hat is observed by the construction industry in the area ob the P/act 4 the (( ark. flirt. ( ( IX File \oft : This c0011vc( I.c proh cled hi coping/u. (Ire ti/a ( CI )( 2 (h)otnfl Ot not c ontaiorng ci CL DL 2 c ofn riglu sect! c o,lconth, an infri,,gc rnens o[c opvng!a. Only sign this contract if die docunient corer page bears a C ( D( 2 c opii-tgh! Sea! to demonstrate lhctt is intended by the parties to be an accurate unit unamenth d rers,o,i ni IX 2 2(1(18 cxc vp/to I/ic Stint that OnJ alterations, additions or ninth/ic ituons cite setforth in supplrmentan cond#u,ns.

52 the the Supplementary the Division maierial the 2 GLNLRAL CONDITIONS O[ l IIE S FIPULA I ED l luci: CON I RACi Si.iiid,iitI (_ onstruction I)octiriiciit CCI)C 2 2OttX PART I GENERAL PROVISIONS CC 1.1 CONTRACI DO(:UMENTS 1.1 I The intent of [lie Contract l)ocumc nts is hi include the labour,! rocluct.c and services llecesary for ihe performance of (he If ark by the C on/re u/or in accord ante with these doe tim ents. It is not i nt ended, however, that the ( on/n ic/al shall SUpply oroducis or perlortu work not consistent witlh. not covered by, or not properi in lerable Ihun the Contract Docitnic,its NotlEng contained iii the fl,ntrai i Documents shall create any coniractual relaiionshtp beiween; I the ( )n net and a S uhcontract, u, a Siq yilier, or their agent, eiiii loyce, or (it IC I pt [soil C rio mi iii g ally ot the.2 the Consoltan! and the Contrc,c tot a,s,thcontrculor, a Supplier, or (heir agent, employee, Or other person performing any portion of (lie I Fork. I.1.3 The Contract Dociunents are complementary, and what is required by any one shall be as hind ng as if req ti ired by all. I.4 Words and a1 bre vi at ions wh ic Ii Ii ave well known tech n ica I or ira tie in can ings are us ed in the Contract Documents in accordance with such recognized meaninezs. I.5 References in the ( on/rae! Documents to the singular shall be considered to include the plural as the context requires Neither the organization of the.s pecificduions nor the an angeinent of Drrnrings shall control the ( oni, acutr in dividing the work un()t1g,snheontrat tors and.s nppliers. I.7 I fthere is a conflict within the Contract I)ocunwnts:.1 the order of priority of documents, from highest to lowest, slial I be Agreement between the Owner and the ( oniractor, Delin (ions, Conditions, General Conditions. I ot the Specifications, techn cal Specifications, and finishing schedules, i)raii ings..2 Drawings of larger scale shall govern over those of smaller scale of the same date..3 dimensions shown on Drawings shall govern over dimensions sealed from Drmi ings..4 later dated documents shall govern over earlier documents oi the same type. F. 1.8 The Owner shall provide the C t,ntrczctc r, without charge, sufficient copies of (lie ( on/rae! Documentv to perform the Th,rh Specifications, Drcni ings. models, and copies thereof furnished by the ( onsukant are and shall remain the Consultant s property, with the exception of the signed ( on/rae! sets, which shall belong to each party to (lie C on/rae!. All.S pecifk ations, Drcni ings and models furnished by the ( onsufilmi are to be used only with respect to thc fjc,rk and are not to be used on tither work. fhese 5oecitications, Dri ings and models are not to he copied or altered in any manner without the written authorization of the Consultant. 1.1,10 Models furnished by Ihe Contractor at the Ounce s expense are the property of the Owner. CX 1.2 LAW OFTIIE CONTRACT The law of the Place of/he Work shall govern the interpretation of the Contract. Cr1.3 RIGHTS AND REMEDIES I.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addiiion to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law Nt) action or failure to act by the Oit ncr, Consultant or Contractor shall constitute a vaiver of any right or duty afforded any of them under the ( on/rae!, nor shall any such action or titilure to act constitute an approval ot or acquiescence in any breach thereunder, except as may he specifically agreed in writing. CL IX 2 2ttOS Ftc 0072 t of, : Thi.i reemrac! is pnit. e I d hi eupr ghr. Lw mile, c 7 )( I,kxw,n,,r no! eceniammog ti C 1 lu 2 e tif l)lght.c, at rte!ta,lide S an,nfiioçe m. oi (if, opvrighe On!, et, thic,,nfrae-i,/!hc dne-onwot e,,rcr page I,can a C I 1k ccii,, ccl! ice;! La eten,ancne,ic the,! U is i,ilenc%s! hi the p.irtte.i Li, he en; act orate and iiiieintc nded icr ecu, if 1 )( cc. ep! to the erie ;:! i/cal an afto aneins, ct,/doitho or,uoehju aua:;.c are sctforih in suppknwmaiy.oa,huoo

53 CLAIMS CC 1.4 ASSICNMENT I.4. I Neither party to lie ( op straet s Ii all iss gil the Contract or a portion Ihe re of without the written con sent of the ot her, wh Ic Ii consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF TIlE CONTRACT CC I. I AUThORITY OF TIlE CONSULTANT The Consultant will hay call th 0 ri ty to act on Ii eli all of (lie Oi ncr oil ly to (lie extent provided in the Coi i/pact Dociunents, uii less otherwise mod i lied by written agreement as provided in paragraph 2. I The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall he niodihed or extended only with the written consent of the Owner, the Contractor and the Consul/ant. 2. I..1 If tli e Consultant s eu ploy men t is terminated, the Oi vn r shall ni ni cdi at ely appoint o t rca ppo i it a Consul/ant against whom he C ontractot ma Ice s no reasonable object on a id w lose Stat LI S LI nd er the C out/act Doe unients s Ii all he I hat of I he tb mi er C OflS?/ItC/flt. CC 2.2 ROLE 01 TIlE CONSULTANT l lie Consultant will provide administration of the C on/tact as described in the Contract Documents The Consultant will visit the Place oft/n I Fork at intervals appropriate to the progress of construct ion to become Ihmiliar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the C hutract Documents If the Owner and the Consultant agree, t lie Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant s responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall he as set forth in writing to (lie Contractor The ( onsultant will promptly in form the Owner of I he date oh receipt ol (lie Contractor s applications for payment as provided in paragraph 5.3. (.1 ofgc 5.3 PROGRESS PAYMENT Based on the Consultant s observations and evaluation of the ( ontractor s apph icatiotis for payment, the C onsultant will deternuine the amounts owing to the C on/rae/or under the C on/rent and will issue ccii ificates for payment as provided in Article A-S of the Agreement - I AYMEN I, tic PROGRESS PAYMENT and (ic 5.7- FINAL PAYMENT The Consultant will not he responsible for and will not have control, charge or supervision of construction nueans, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not he responsible for the ( ontractor s Ihilure to carry out the Work in accordance with the (on!ract Documents. Flue Consultant will not have control over, charge of or he responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons perfomiing portions of the Wth k Except with respect to GC FINANCING INFORMATION REQUIRE[) OF THE OWNER, the C onsultcmt will he, in the first instance, the interpreter of (lie reqti irements of the C ontract Documents Mailers in question relating to the perfonnance of the Work or the interpretation of the ( ontract Documents shall he initially referred in writing to the Consultant by the party raising the question for interpretatiotis and findings and copied to the other party Interpretations and findings of the Consultant shall he consistent with the intent of the ( ontract Docmnentc. In tnaking such interpretations and findings the Consultant will not show partiality to either (lie Chvner or the Contractor The Consultant s interpretations and findings will be given in wnting to the parties within a reasotiable time With respect to claims for a change in Contract Price, the Consultant will niake findings as set out in (IC 6.6 CHANGE IN CONTRACT PRICE. FOR A The Consultant will have authority to reject work which in (lie Consultant s opinion does not conform to the requirements nt the C ontrciet Docunrents. Whenever the Consultant considers it necessary or advisable, the C onsultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the hark. X DC file Vole: lii,.c consrac 5 i.c pmsc clcd hr coping/it. Us-c ofo CDt 2 ctoc ununt not conlcurnng ci C C I IC 2 c-opj ng/a ceo? constantcx an infi-ingeuwni of copinghc t)n/i sign thi.c ronlroc-/ if the docwnen/ cover page bears a ( I t IC 2 ci,pinc, ht seat to ctenionstrctte I/sat it is,mcnctc d by the pc,rnes to tic an accurate and uncsrnenctcct version cii S 2 20/Is c.nr/,t to She. xsi ns that ant otterarwns. additions or nioditiconons usc seifoi tti UI snppteflic iilaij conditions,

54 - ( FlANGE 100, During the progress of the IU,,k the ( onsultant will Ilirnish S uppl mt ntal lits/ruc tio,tv to the Contractor with reasonable promptness or in accordance wilh a schedule tbr such instructions aereed to by the (b,a,,ltcun and the ( on/tartar The C onsithant viii review and take appropriate action upon S linp l)nni bws. sainples.md other ( onirtwtor s snbini lois, in accc,rdaiice with the ( wl/rcwt Dicittn nts The Consultant will prepare C hcmge Orders and C hangc Dirc ti i cs as provided in GC 6.2 Cl IANC E ORDI R and (IC 6.3 DIRECTIVE The C on.culhn;t will condttct rcview of the Pork to determine the dale of Substantud l ciin mancc qf i/it Work as provided in (ic 5.4- SUI;St AN l IAL IJIRFORMANCI Cl 11W WORK All ceiliflcatcs issued by the Consultant will be to the best of the Consultant s knowledge, iiiiorniation and belief. By issuing any cc rt it i cate, the C oncultant does not guarantee the I Vo, k is Correct ) r cciii pl etc The Consultant will receive and review written warranties and related documents required by Ilie Contract and provided by the fltntractor anti will tbnvurd such warranties and documents to the Oit nc r for the Owner s acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK The (hi nt r and the ( onsultant shall have access to (lie (( ark at all times. The Contractor shall provide sufficient. safe and proper fbeilities at all times br the review ot the II bi k by the ( onsultcint and the inspection of the thu-k by aulhoriled agencies. If parts ol the hot-k are in preparation at locations other than the Place (?f the ilork, the On tiei and the C onsuitcint shall he given access to such work whenever it is in progress ifwtrk is designated for tests, inspections or approvals in the Conmu! Ihu-wn ntc, or by the C on.vultant s instructions, or by the laws or ordinances of the l lacc of the (I nra, the C,,ntracior shall give the C onsnhtnit reasonable not t feation of when the work will lie ready 11w review and inspect ion. The C Tontractor shall arrange br and slutl I give the C onsultant reasonable notification of the date and time of inspections by other authorities he Contra tar shall tiirnish promptly to the C oavidtant two copies of certificates and inspection reports relating to the (Vat-k If the ( ontrac (or covers, or permits to be covered, work that has been designated br special tests, inspections or approvals heibre such special tests, Inspections or approvals are made, given or completed, the C on/rat/or shall, iso directed. uncover such work, have the inspections or tests satisthctorily completed, and make good covering work at the C wztractor s expense The C onsulttint may order ally portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the C ontract Documents. If the work is not in accordance with the requirements of the C ofltrac-t Documents, the onu ac tor shall correct the work and pay the cost of examination and correct ion. If the work is in accordance with the requirements ci the C an/nut Dcu.wmcn/,s the Owner shall pay the cost of examination and reswnnion. 236 The C anti-actor shall pay the cost of making any test or inspection, including the cost iif samples required for such test or inspectioti, if such lest or inspection is designated in the Contract Docunwnt.s to he peribmied by the C ontrttcyor or is designated by the laws or ord iliances applicable to the Plan ofthe (York. 2:37 The (ann-actor shall pay the cost of samples required for any test or inspection to be pedbniied by the C onstiltant or the Owner if such tesi or inspection is designaled in the C. on/nut l)oeumcnts. CC 2.4 DEFECTIVE WORK The Contractor shall promptly correct defective work that has been rejected by the Consultant as tailing to conlbmi to the ( ontroct Documents whether or not the defective work has been incorporated in the (fork and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other ad or omission of the C antrach ii. 2,4.2 l he Cnnt, actor shall make good promptly other contractors work destroyed or damaged by such corrections at (lie Contractor s expense. 243 If in the opinion of the Consultant it is not expedient to correct del ective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amotint otherwise due to the Contractor the difference in value between ilie work as pertbrined and that called for by the C on/rant Docmnentv. If the Owner and the ( ontractor do not agree on I lie di l ference in value. they shall refer the mutter to the C on,cnltant br a determination. ( ( I IC 2 2tK)X Fik- (/ to A oft : hits ro n iicl I, priu, t ti d hr vqnrrghi. t. 4 cifts ( (IN 2 doc all,, ni I,,,? ronta,n ne a C C IX 2 o,n rreht seal,iizcfrfla,ç, iso intlin gemo,t if, upright On/i.cici this rum,:,,! fib, to, won! (filer ige henry a I i (k 2 c j i whi out to i/rmnnstrah thur it is,nit nde,t by it;, t aro,c 0, hr in, n,,li a/, u/nit un,un,n,tcd fl rwoo ii Lu 2 i xo pt iii flit e.rtdnt f/wit an! a/ft nitwth ic/c/ni us,,r mouth anon are 5,!Juitli in siijiçikuui, iffi oi,ond,n,ins.

55 DISPUTE 2 PAR I 3 KXIX:U flon OF iie WORK CC 3.1 CONTROL OF THE WORK 3,1 I The Contractor shall have total control of the York atni shall eflectively direct and supervise the ffo;% so as to ensure conformity w th the ( untrue! l*scmncnts, The ( ontnulor shall he solely responsible 11w construction means, methods, techniques, sequences, and procedures and for co ortlinaling the various paris of the ij,r4 tinder the C manic!. CC 3.2 CONSTRUc:TION BY OWNER OR O flhi:r CON[ RACIORS 3.2. I The Oiinc r reserves the right to award separate contracts in connection whit oilier parts ot the Thojct to other contractors and to perform work with own tbrces Vlicn separate contracts are awarded for other pails of the Project. or when work is perfbrmed by the Oiinc rs own forces. 11w Oiincr shall: I provide for the co-ordination of the activities md work of other contractors and Oivner s own forces with the I ork of the C untrue!:.2 assume overall responsibility for compliance ih the applicable health and construction sale ty legislation at the Place of f/ic I fork:.3 enter into separate contracts with other contractors under conditions o I contract which ire compatible with the cond it ions of the C ( nit-alt;.4 ensure that insurance coverage is provided to the same requirements as are called 11w in GC 11.1 INSURANCE and co ordinate such insurance with the insurance coverage of the C oniraclor as it affects the II nk and.5 take all reasonable precautions to avoid labour dbputes or oilier disputes on the Project arising trom the work of other contractors or the Oit ner s own firces When separate contracts are awarded fir other parts of the! rojeet, or when work is performed by the Owner s own forces, the onuac tar shall:.1 aflbrd the Owner and other contractors reasonable opportunity to store their prod uctsand execute their work;.2 cooperate with other contractors and the Owner in reviewing their construction schedules: and.3 promptly report to the C onsultant in writing any apparent deficiencies in the work of other contractors or ol the Owner s own forces, where such work affects the proper execution of any potlion I the Work, prior to proceeding with that portion of the Work Where the Contract Documents identi IS work to he perlhrmed by other contractors or the Owner s own forces, the omrcic br shall co ordinate and schedule the Work with the work of other contractors and the Owner s own forces as speci fled in the Contract Doewnents Where a change in the Work is required as a result of the co ordination and integration of the work or other contractors or Owner s own forces with the Work, the changes shall he authorized and valued as provided in (W (.1 OWNER S Rl(iHI TO MAKE CHANGES, GC 6.2- CHANGE ORDER and CX (.3-CHANGE DIRECTIVE, Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Pad 8 of the General ( onditions RESOLUTION provided the other contractors have reciprocal obligations. flie ontrc,ctor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the (Inner contains a similar agreement to arbitrate. CC 13 TEMPORARY WORK The C unit-actor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of ietnporan flora The Contractor shall engage and pay for registered prol essional engineering personnel skilled n the appropriate disciplines to perform those functions referred to in paragraph where required by law or by the Contract l)ocumcnts and in all cases where such Temporary Ifork is of such a nature ihat prolèssional engineering skill is required to produce safe and satisfactory results. (Ct )C 2 2ttOS [lie 0072t A It huh, Th,ccnntn,ci,s pmiccted hi cnpvrighl (Lw oft 1 il )C 2 k,ron,ioi not c,,n(a,n,,, a C 1 1)1 coping!,! seal constitutes an tiifr,ngeoient ofc spjngla (An/v vga flits et,nth&! c/the dc,couient can t jsige hear, a I C I )( 2 copcnght seat U.,kn,onstra!e ihol it is intended by the parties to he an icttrah an,! iaianiended version of 1 N eveept to the ixient flits! any ahterat,o,,s addi/tons a, tat wit/hctnons ate seifitrh to supplementan cvndo,oac.

56 I 2008,- prone/ed 2 intern/cd Notwithstanding the provisions of (IC 3, I CONTROL OF TIlE WORK, paragraphs 3,3. and or provisions lo the contraty elsewhere iii the ( on/rat! L)oc mnents where such C on/rae! Doemnenis include designs tor icmprn an ftork or specily a method ol construction in whole or in part, such designs or methods ol constnicticm shall be considered to be part of the design of the lena and the ( on/rae/or shall fbi be held responsible br that part of the design or the specified method of construction. llit± ( ootrt,ciw shall, however, be responsible for the execution of such design or specified method ot c,,nslrttction in the same titanner as for the execution of the Buck. CC 3.4 DOCUMENT REVIEW 3.4.! [he Contractor littll review the Contract Dt t tmu nts and shall report protnptly to the ( onstditim any error. I consistency or omission the C on/rat/or utity discover. Such review by the C ounce/or shall he to the best of the C on/rae/or s knowledge. information and belief and iii making such review the ( than ic/or does not assume any responsibility to the ()tt nc r or the,,nail/ati! tbr the accuracy of the review. [he C omrac lot slial I not he liable tbr damage or costs resulting from such errors. incnnsistencies or omksions in the Contract DoewnL ni,c, Which the Contractor (lid tot discover. If the Contrac ur does discover any error, inconsistency or omission in foe Contract Ih,c tunc nis. the Ccnnra icn shall not proceed with the work a flee ted tt n til the C on/rae/or has received corrected or itt ss irtg ii hi nu anon tea itt the C oncu/hint, CC 3.5 CONSTRUCTION 5(11 mule 3.5. The ( o nocit (or sit all:.1 prepare and submit to t he Ot, ner and the Consul/tm! prior to the first application br payment, a construction schedule that indicates the timing of the major activities of the flock and provides snilicient detail oi the critical events ttid their inter relationship to detnonstrate the Work will be performed in conformity with the ( on/nit! Time:.2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as st i ptt I ated by the C on/rat I!)ts mnenis: a ui.3 advise the ( onsnltant of any revisions required to the schedule as the result of extensions of the ( on/rae! June as provided in Part 6 of the General Conditions CHANGES IN THE WORK. CC 3.6 SUPERVISION The ( ontraetor shall provide all necessary supervision and appoint a competent representative who shall he in attendance at the P/act oft/i, (fork while work is being performed. Ilie appointed representative shall ni be changed except for valid reason The appointed representative shall represent the ( on/rat/or at the Place of/he flora. Information and instructions provided by the on,cufiant to the C onmu/or s appointed representative shall be deemed to have been received by the ( on/rat tot, except with respect to Article A-6 of the Agreement RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. CC 3.7 SUBCONTRACTORS ANfl SUPPLIERS The C ontracliw shall preserve and protect (he rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: I enter into contracts or written agreements with Snheon/raetors and Suppliers to requite them to pertbrm their work as provided in the Con/nit! I )ocunwntv;.2 incorporate the terms and conditions of the ( ontract Documents into all contracts or written agreements wiilh Subcontractors and Sn) pliers: and.3 he as ftilly responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor The Con/rat/or shall indicate in writing, f requested by the Owner, those Subcontractors or Supp/ieiw whose bids have been received by the Con(nw/or which the ( on/rae/or would he prepared to accept for the performance ota portion of the Work. Should the Owner not object before signing the Contract, the C :,,n/raetor shall employ those Subcontractors or Suppliers so identified by the ( on/rat/or in writing for the performance of that portion of the Work to which their hid applies. mitra t. object to the use of a proposed Subcontractor or Supplier and require the ( ontratior to employ one oi the oilier subeotitract bidders ihe (Inner may. for reasonable cause, at any time before the (,htncr has signed the C If the Owner reqttt rex the ( on/rae/or to change a proposed.s n/ contrat/or or Sui plier, the C ontract / ric e and ( on/rae! Time shall he adjusted by the ditlerenees occasioned by such required change. t CDt 2 Zittts FcettDi2ii 2, tote 7 iu t <Inn-cu, hi copr ulit. L e old ( < t)( 1 doetrnteni not c, ntau,zi tg a ( C TN 2 c opi rrghi sea! tom tctotes WI in/n,,ç en,ent oft opyright, t )n/t vga d,,.u nrno oct,f the ckn,u,ptc nt core, page hear a C C IN cop,rnghi sca! to ck,izoti, 1mw that a,. hi the parties /0 he,a, accurate and uamended tn on if IN - 2 except to the extent i/list anj ahesattons. additions rn ntodqjcatuins We s< tforth o, sttpp/entental I eorid,ouifls

57 The ( on/rat/or shall not he required to employ as a Subcontractor or Supplier, a person or lion to which the ( on/ractm may reasonably object The (hi tier, th roti g h the ( miss: Itant, in ay prov do to a S: l con/ractor or Supplier in lb nil at on as to the percentage of the Subcontractor s or Supplier s work which has been cciii tied fbr payment. CC 3.8 LABOUR AND PRODUCTS 3.8. I [he C on!nu for shall provide a id p ty liw labour. Products, tools, Construction Lquipnwnt, water, heat, Ii g lit, pci w er, transportation, and other flteilities aiid services necessary Ion 11w performance of the I fork in accordance with the ( ms/nw! Unless otherwise speci lied in the ( instruct Documcntv. Products provided shall he new. Products which are not speci bed shall he ofa quality consistent with those specilied and their use acceptable to the Consultant The ( mi/nw/or shall maintain good order and discipline among the ( on/rae/or s employees engaged on the Ifm k and shall not employ on the Work anyone not skilled in the tasks assigned. CC 3.9 DOCUMENTS AT TIlE SITE The ( ootnsc tor shall keep one copy olcurrent Con/nut I)ocumen/s, submittals, reports, and records of meetings at the Place 4 the H :it k, n good order and avail tb Ic to the Ut I tier and ih e ( onculta, it. (,(:3.l0 SHOP DRAWINGS The ( mttt actor shall provide Shop Dt rni ings as required in the Contract Documents The ( ontraetor shall provide Shop Dt aii ings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Ii ork or in the work of other contractors Upon request of the Contractor or the Consultcint, they shall jointly prepare a schedule of the dates Ion provision, review and return of S/top ljt cni ins The ( on/ri/cu r shall provide Slio Drau ings in the lbrm specified, or if not specified, as directed by the Consultant Shop!)raii iti4s provided by the Contractor to the Consultant shall indicate by stamp, dale and signature of the person responsible for the review thai the Contractor has reviewed each one of them The C ottvuhant s review is for ecinlbrni ity to the design concept and fbi general arrangement only Shop Dran jngs which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the C ontrai tor for approval The Contractor shall review all Shop Dnni ings before providing them to the Consultant. The Contractor represents by this review that:.1 the C,mtrac h,r has determined and yen lied all applicable field measurements, field construction conditions, Product requirements, cam hogtie ii tin hers anti similar dat a, or will do so, and.2 the C tustractor has checked and co-ordinated each Sho,, Drmving with the requirements of the (fork and of the Contract I)oc i/islet ItS At the time of providing ti/mop Lhwi ing,c. the Contractor shall expressly advise the ( onsullant in wriling of any deviations in a Shop Drcni ing from the requirements of the C onu cict l)oc suncnts, The ( onsuhani shall indicate the acceptance or rejection of such deviation expressly in writing The ( onsuban/ s review shall not relieve the Contractor of responsibility for errors or omissions in the Shop l)nni ings or for meeting all requirements of the Ontnwt Docunserns The Contractor shall provide revised Shop Dnni ings to correct those which the ( onstthtnt rejects as inconsistent with the otttnwt Docsoncnts, unless otherwise directed by the C onsultan/. The Contractor shall notify die C,mstthant in writing of any revisions to the Shop Drawings other than those requested by the Consul/an! The Consul/ant will review and return S/to/s t)rcni ings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. (X, t)c FiieOO72i3 3 Sate: Ttmis contlai its pmlected hi cop;rictmt (k4, fa 4 ( (K 2 doemnent not conta,nomg a ( C D( 2 copyright scat ronsti/u/cc an rn/i iogensemit of iopinght. On/s stc,m tio.c cy,00 at t if the docunient cuter pace hco, j ( ( 2 top;nght seat to de,iurnstraie that it ts intended bj the parties so he a,, accurate and unornendect l erstoi, DC 2 -. except to Slit extent ttsot an; a/tc,vtosms, additions or niod,ftcanons are setfi,nti ill supptementa y conditions.

58 200s UC 3.1 I USE OF l IW WORK 3. I I - I I lie I unfit tem 5 Ii all eon Ii ic I in is/rue/mn Lqmpmc nt. 7 mporar; I t,rk, storage o I / rodi u/s. waste p rod tic Is in d debris, and operations ci emp1ovee md,s) hc,yg, ae/or,v to limits indicated by laws, ordinances. permits, or tim ( tnnraet Documents mid shall not unreasonably cucumber the P/ate of/he flora l he Contracun shall not load or permit to be loaded any part of the flora willi a weight or force that will endanger the safety oldie flora. GC 3.12 CUTTING AND REMEDIAL WORK The Contractor shall perform the cutting and remedial work required to make the tlthcted parts of the (fork conic together properly. 3. I 2.2 l lie ( onuacim shall co ord i tate the I Fork to ensure that the cutting and reined al work is kept to a liii in mum. 3,12,3 Should time Owner, the ( onsu//imt, other contractors or anyone employed by them be responsible fbr ill timed work tecessilating cutting or remedial work to be perliarnied. the cost of such cutting or remedial work shall be valued as provided in (il 6.1 OWNIR S Rl(il II W MAKE Cl IANGI;S. 1W 6.2 UI lange ukdl:r and (IC 6.3 CHANCE DIRILL vi:. 3. I 2.4 Cutting and remedial work shall he pertormned hy specialists famil ar with the Products affected and shall he perfonned in a in amer to ii cit her dam age ii or endanger die I ( ark, CC 3.13 CLEANUP The Uontradh,r shall onuotain the II ark in a safe and tidy condition and free from the aeciimnulaihrn of waste products and debris, oilier than that caused by the Goner, other contractors or their employees HeIbre applying for Suhstanti,d Per/brmance n/the Work as provided in GC 5.4 SUBSTANTIAL PERFORMANCE OF II IL WORK, the Contractor shall remove waste products and debris, other than that resulting horn the work ot the Owner, other contractors or their employees, and shall leave the l /aee a//he [Pork clean and suitable for use or occupancy by the Owner. The I ontractor shall remove products, tools, Construction Equipment, and Temporary II ork tiot required for the performance of the remaining work f ror to application for the final payment, the ( imfraetor shall reniove any retnailiing products, tools. ( anctruc tion Equipment. lemporary (( ark, and waste prodtucts and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES CC 4.1 CASH ALLOWANCES The ( on/rae! Price includes the cash allowances, if any, stated in the ( onfl act L)oeunwnts. The scope of work or costs incltided in such cash allowances shall be as described in the I on/md Documents The ( on/rae! Price, and not ihe cash allowances, includes the Contractor s overhead and prom in conuiection with such cash allowances Expenditures under cash allowances shall he authoriied by the Goner through the I onsultant, Where time actual cost of the JJ ara under any cash allowance exceeds the amount ot the allowance. the Contractor shall be compensated for the excess incurred and substantiated plus an tniount for overhead and protit on the execss as sct out in the ( omrat t Dr,euments. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited tbr the uncxpendcd portion of ihe cash allowance, but not for the ( on/rae/or s overhead and profit on such amount. Multiple cash allowances shall not he combined for the purpose of calculating the foregoing The I ontmact Price shall he adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost ui the work under that cash allowance The value ot the work performed under a cash allowance is eligible to be included in progress payments The Contractor and the Consultant shall joinily prepare a schedule that shows when the I onsu/tan! and Oit ner must authorite ordering of items called hr under cash allowances to avoid delaying the progress ol the Work. ( ( t)c 2 2tX15 File ( ,Vi,te flu c introit iv prulich ii hr ropirglo. I. via It tir 2 d,x urncni nit rnnta,ning a C ( IN 2 copi nght.c ot cunss,t,ai., rn io[rineern, nt,fcop;-r,ghi. On/v.c,gn this I On(fliiI ui/u ilk w,ueni c-cr or pun, /,c arc, (( 7 it 2 cuq unghl ccat b,t,-ni.;,ts-irat, that it is unucmh ci hi (hi puns,. ci be an or carla unit iahtnk ncteci wnun vi C 1% 2 except to thu u-n,,,, thuit an r ait,, auun,s. u,chht,,un c or,,,uduftcaflons OIL sqjcunh is,., uppknwmur; conditions.

59 - Th,s CC 4.2 CONTINGENCY ALLOWANCE 4.2. I Ihe ( on/rae! Price includes the contingency allowance, I any, stated in the ( ontract Docwnrnts. 4,2.2 Ike conlingency allowance includes the (nuracto, s overhead md profit in connection wh such contingency allowance Expenditures under ike contingency allowance shall be authorized md valued as provided in CC 6.1 OWNER S RIGI IT 10 MAKE CHANGES. tic (,.2 - CHANGE ORDER and (ic (.3-CHANGE DIRECTIVI, lime Contract l ric t shall he adjusted by Change Order to provide for any dilthrenee between the expenditures authorized under paragraph and the contingency allowance. PART 5 PAYMENT CC 5.1 FINANCING INFORMATION REQUIRED OF TIlL OWNER The Owner shall, at the request of the ( ontrac tor, before signine the ( ontract, and promptly from tinie to time therealter, tuntish to lie ( onu ac tor reasonable evidence (hat financial amtngemettts ltitve been made to fulfill the (hvnci s obligations under the ( ontract, 5. I.2 TI e 0; ncr s Ii all give t lie ( oil/rue/or Notice in Writini, of ati y in ateri al change in the 0; ncr s financial arran genie nt s to fulfill (lie Owner s obligations under the Contract during the performance olthe C )ntrac t. CC 5.2 APPLICATIONS FOR PROGRESS PAYMENT Applications for payment on account as provided in Article A-5 of the Agreement PAYMENT may he made monthly as the Tlork progresses Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties The aim m nt claimed shall hl for the value, proportionate to the amou nt c f t he Contract, of IT ork peru rme ci and Proth,cts delivered to the ) /itc of/lw Ii ark as of the last day of the payment period. 5,2.4 The Contractor shall submit to the Consultant, at least IS calendar (lays before the first application or payment, a schedule of values for the pans of the lio, k, aggregating the total ainolint ot the Contract PrIce, so ats to fiteilitate evaluation ot applications for payment The schedttle of values shall he made ottt in such l orm and supported by stieh evidence as the Consultant may reasonably direct and when accepted by the ( onsultant. shall he used as the basis for applications for payment, unless it is found to he in error The ( onfractor shall include a statement based on the schedule of values with each application lhr payment Applications for payment for! rochwts delivered to the I lac c of the Work but not yet incorporated into the Work shall be supported by such evidence as time C onsultant may reasonably require to establish the value and delivery of the Products. CC 5.3 PROGRESS PAYMENT After receipt by the Consultant of an application for payment submitted by the ( omraetor in accordance with CC 5.2 APPLICATIONS FOR PROGRESS PAYMEN l : I the ( onsultant will promptly inform the Goner of the date of receipt of the ( on/rae/or s application for payment,.2 the ( onsultant will isstie to the (ht ner and copy to the ( ontractor, 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 oilier amount as the C onsultant determines to he properly due. If the Consultant amends the application, the (,,nsultant will promptly advise the C on/rae/or in writ itig giving reasons for the amendment,.3 the Owner shall make payment to the Contractor on account as provided in Article A-S of the Agreement - PAYMENT on or before 20 calendar days alter the later o( receipt by the C otlsultctnt of the appl cation for payment, or the last day ot the monthly paynient period for which the application for payment is made. fl IX 2 2tt)S Fi1etY ,rjticic I is pnneeted hr coping/it. C s o[cs C IL IC 2 doeunu,n not cnnlaimng a C ( 1 IC 2 i-ispinghl seal co,ui,tuhc an,nfro,ç c,nent c [copit ighi. I )ii/r sign iti,. contract if the docunient ((It,, page hears a C 1 lit 2 copyright seat a demon s-i ate i/ia! it is intended h3 the parts, ii he an tic-curate and unwnended version ii] ( DC except to ihet xwni i/sat any ahrrauo,,s, additions or nimbiicanans alt.3i tje rth in supp/ententafl t -and,uom.

60 2005 CC 5,4 SIJBS l AN l IAL PERFORMANCE OF 11W WORK 5.4.! When the ( untrue/or considers that the![ rn k is substaiitiirlly performed, or if permitted by the lien legislation applicable to the l lan of the flora r designated portion thereof which the Ou ner agrees to accept separately is substantially performed, the Contractor shall, within one!jork/i;i, [hi, deliver to the Consultant and to the Ott ner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish,s zth,ctanual l eifinnanee o/thi Work or subsianlial performance of the designated portion ot the flora. Failure to include an item on the list does not alter the responsibiliy ol the C inuractor to complete the Contract [he ( onsultcuu will review the flock to verify the validity of the application and shall promptly, and in any eveni, no later than 20 ealeirtlar days atier receipt of the C onti ac t o?s list and application:.1 advise the Contractor in writing that the flock or the designated portion of the flock is not substantially performed and give reasons why, or.2 state the date of,s uhshmtial / c ij riitanet ct/the tiara or a designated portion of the flora in a certificate and issue a copy of that certificaic lo each of the ()ir iitr and thet ontrat tor Immediately following the issuance of the certificate of Sul sta,uial Pe,jor,nanee o/the flock, the Contnwtor, in consultation with the C onsultiun, shall establish reasonable date or finishing the Work. CC 5.5 PAYMENT OF HOLI)RACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5. I After the issuance of the certificate of.substsnuial! c tf rmanec oft/it If ork. the Contractor shall:.1 subtitit art application or payment ul the holdback znnuunt..2 stibuirt ( CDt QA Statutory Declaration to state that all accounts or labour. suhcontnicts. Product., C onstt uc tioli Lqzsi/ nk nt, and other indebtedness which may have been incurred by the C onu cwtor in the.,,bstantial l t r/orinanc e of the Work and for which tile Ont nc i night in any way be held responsible have been paid in hill, except for aniotinits properly retained as a Iroldhack or as an identified amount in dispute After the receipt of an application fbr payment from the Contractor and the statement as provided in paragraph 5.5. I. the onszdtwrt will issue a cciii ticate Ihr payntent of the holdhack amount Where the holdbaek amount rcqun red by the applicable Iien legislation has not been placed in a separate lioldbaek account. the (hitter shall, ID calendar days prior to the expiry ol the nuldhack period stipulated in the lien legislatioti applicable to the Place 0/1/ic flora, place the holdhaek amount iti a hank account in the joint names of the Uniter and the C ontractin In the common law jtrrisdictions, the holdback amount authorized by the eerti liente tbr payment of the holdhaek amouni is due and payable on the first calendar day fbi lowing the expiration of the holdhack period stipulated in the lien legislation applicable to the P/act of the flora, Where lien legislation does not exist or apply, the holdhack amount shall he due and payable in accordance with tither legislation, industn practice or provisions which may he agreed to between the panics. The Owner may retain out of the holdhack amount any sums required by law to satisfy any liens against the flock or, it permitted by the lien legislation applicable to the I laee oft/ic If ark. other third party monetary claims against the C ontracior which are enforceable against the Onr nc r In the Province of Quebec, the holdhack amount authorized by the certificate for payment of the holdhack amount is due and payable 30 calendar days alter the issuance of the certificate. l he Ont ner may retain out of the holdbaek amount any sums required to satisfy any legal hypoihecs that have been taken, or could he taken, against the flock or other third party nnonetaty claims against the ( on/rat/or winch are enforceable against the Owner. CC 5.6 PROGRESSIVE RELEASE OF IIOLDBA( K In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the ( onsnltant has certitied that the work of a,suhcontractor or Supplier has been perlbrmed prior to Substantial / cr/ormance o/the Work, the Owner shall pay the ( r ntraetor the holdback amount retained for such subcontract work, or the Proc/nets supplied by such S np/ /icr. on the first calendar day following the expiration of the holdhack period for such work stipulated in the lien legislation applicable to tire / /act o/the Work. The (hi ner may retain out of the holdback amount any sums required by law to satisfy any liens against the Both or, if pertuitted by the lien legislation applicable to the P/ace of the flock, other third party monetary claims against tlte C ontracic r which are enforceable against the Owner. c c:ix: 2 2ttOs Fiteflt}7213 ote: This cnno cnr is pm/cocci hr copnt,gint. I u eta ( IN 2 (/oc oonent not coiitcn,itng a ( C Dc 2 copyright seat coat/au/es on,n/, rngcnw n of coping/nt. 0,111 vigil this contra,? i/the doc u,nnent cover flui. L hc arsa cit i 2 cc pr ght seal go dennc,nsu atc that u s,,,te,ated by the parties to tn an accurate and nanwnended veriw,n of 1. DC 2 except to tine extent ti,,it any aln raoons, additions or moth/wa/ions one se/forth In sopptementarr conditions.

61 ,2 In the Province of Quebec, where, upon application by he Contractor, the Consultant has certified that the work of a Sn/ic viii, ac/a, or Su, pliei fins Ii ecu per lb rm ed p H or to.sil,slc,,itial I L l io,,na, it e?f I/it I Vo, k, the C )wne, s Ii all pay the ( ontrachn the holdback amount retained for such subcontract work, or the! roduc tv supphed by such Supplier, no later (hail 30 calendar clays titter such certification by the Cimsultenit. The (ht i,er tiiay retain out of the holdback amount any swim required to satisfy any legal hypothecs that have been taken, or could he taken, against the II o, k or other third party monetary ci aims ago ins I the ( at ;u u ha which are en to rceab Ic aga nst t he Owner Notwithstanding the provisions of the preceding paragraphs, and notwithstanding (lie wording of such cefliheates, Ihe ( antraekn shall ensure that such subcontract work or Products ire protected peiiditig the issuallee of final certificate for payment and be responsible br the correction of del eets or work not perfbrmed regardless of whether or not such was apparent when such cert iticates were issued. CC 5.7 FINAL PAYMENT 5,7,1 When the Contractor considers that Ihe (lark is completed. the ( on/rack r shall submit an application or inal payment. 5,7.2 The (,,iisidtcuit vill, 10 later than 10 calendar dttys idler the receipt of an application from (he Contractor tbr hnal payment, review the lfo, k In verily the validily ot the ipphcalion and advise the ( ontrac tw in writing that the application is valid or give reasons why it is not valid When chic ( onsu/twtt finds the Contractor s application for Iinal payment valid. the ( ansu/itmi will protttp(ly issue a filial certi licate or payment Subject to the provision of paragraph I of (ic 10.4 WORKERS COMPI NSATION, and nov lien legislation applicable tci the Place ci/ the H cn A, the (inner shall, no later than 5 calendar (lays alter the issuance of a final certilicate for payment, pay tile C on/i-actor as provided in Article A S of the Agreement PAYMEM. C( 5.8 withholding OF PAYMLN I If because oh climatic or other conditions reasonably beyond the control of the Contractor, there are items ci work (hat cannot he pertbrined, payment ii (liii for that portion of the hlork which has been performed as certified by the C onsultant shall not he withheld or delayed by the Ownc i on account thereol but the (hrn r may withhold, until the remaining portion of the (fork is finished, only stich an amount that the ( onsultant determines is sufficient and reasonable to cover the cost (if perlbrmi ng such relna in ng work. CC 5.9 NON-CONFORMING WORK No payment by the Owner under the ( ontract nor partial or entire use or occupancy of the IIork by the Owner shall constittite an acceptance of any portion of the li ork or Products which are not in accordance with the requirements of the ( ontract Documents. PART 6 ChANCES IN TIlE WORK CC 6.1 OWNER S RId I I l O MAKE ChANGES 6,1.1 The Oiiner. through the Consultant, without invalidating the Contract. may make:.1 changes to the Ifork consisting of additions, deletions or other revisions to the (lbrk by Change Order or Change Directive, and.2 changes to the Contract but for the (fork, or any part thereof by Change Order. 6.!.2 The ( ontrac tor shtd I not perfonn a change in the U ork without a Change Order or a C hang Directive. CC 6.2 (:IIANG[ ORDER 6,2.1 When a change in the Work is proposed or required, the Consultant will provide the ( antractor with a written description of the proposed change in (lie U ark. The C ontrac tor slial I promptly present, in a form acceptable to the C onsldtclnt, a met hod ot adjustment or an amount ot adjustment for the C c ntract Price, if any, and the adjustment in the Contract lime, if any, for the proposed change in the Ibrk. 6.2,2 When the Oii ner and ( ontrc& tor agree to the adi ustments in the Contract Price and Contract Time or to the method to he used to determine the adjustments, such agreement shall he effective immediately and shall he recorded in a Change On/cr. l he value of the work perthriiied as the result ofa Change Order shall he included in the application for progress payment. CUEX File 0072(3 t 7 Iwo: 71,,s conavet Is protected hi coprnglu (vi afa ( DC 2 doc w,ienl not conk ining a C C L( 2 cap;sighi veal conx(,li,ies (In mnfringeosent ofc opingbl. Gal, Sign I/nv c c,nt, act if the clocuagent corer fiage lao,, a C 1 1K 2 cvpingh secit to cternonstrdue that it is intended by the parties In he an aceurale and unaniended l crsu,n if DC 2 except In the exit,, that ant altc rauans, add,nans or niadificanons are sc ijoi th a, supplernenlwi conditions,

62 CC 6.3 CIIANCV DIRECTIVE 6.3. I I I. t lie Ut ia r req ti re s (he ( on/rae/or to proceed wit Ii a cli i rige n the I I via p ri or to t Ii C Glint, 11(1 ili e ( on/rae/or agree ncz upon tli e corres O iid Ti a dj u stilled t n ( ott/ic/el Priet iiid ( (Ill/ri IL! I i IJII, t lie ott FliT, ili ro tigli the C onsitl/an/, si all issue a Janç e Dine/lie A Chcmei Ijir e!jt i shall only be used to direct a chanee in the flora which is within Ihe general scope of Ihe COJIfl uti / I)ocuntents, A Change Dine/lie shall lot be used to direct a change iii the ( onu iw/ lion Olily. 6,3.4 Upon receipt of a C hallge Dine/tIe, the Coiiflcwtor shall proceed promptly with the change in Ihe Hark. 6,3.5 For the purpose of valuing ( hangi Directives. changes ill the Iln k that ale 1101 stibsiituiions or otherwise relaled to each other shall on he grouped iogethier in the same (hloigl Dirt erii e The adjustnient in lie C,nr/r1u f Price br a change catried 0111 by way oi,i ( hcuig I)i, c th shall he deiermmed on the basis of the cost ui the C on/tailor s actual expenditures intl savings attrihulable to (he Change Dine/in, valued in accordance with paragraph and as tollows:.1 lithe change results in a net increase in (lie Con/,ac/o, s cost, the Contrcte/ Price shall be increased by the amount of the net increase in the C on/rat/or s cost, plus the ( on/racfln s percentage fee on such net increase..2 It t lie cli an ge res tt Its in a Ti et decrease in tie C on/rat flu s ci is I, the ( on/rat! I riec shall be decreased by (lie a no tint ni the net decrease in (he (onlrat /or s cost, withoul adjusuiletit for the C on/rae/or s percentage fee..3 The C on/rae/or s fee shall be as specilied in ihe C on/rail Documenls or as oiherwise agreed by (he parties The cost of performing the work at(rihutable (o the ( Itange fl/ice/lie shall he limiled to (he actual cost of the following:.1 salaries, wages and benefits paid to personnel ill the di ccl etuploy of the ( on/rae/or under a salary or wage schedule agreed upon by (lie Owner and the Con/rae/or, or in the absence of such a schedule, aclual salaries, wages and benefits paid under applicable hargai ii ing agreenient, and in (lie absence of a salary or wage scliedu Ic and bargaining agreemeni, actual salaries, wage sand he TI C fits paid by the C on/nfl/or, 6w perso Ii He I I ) sh ioned at the C on/rat/or s field oltice, in whalever capacity etiiployed: (2) e Tigaged iii expediting the px td tict ion or I rarisporta litlil iii iii at eria I Or eq iii polen t, at shops or on the road: (3) engaged in the pnpaiation or review of Shop i)rcnvings. fabricatton drawtngs, and coordination drawings; or (4) engaged in the processing otchanges in the Iftn A..2 contributions. assessments or taxes incurred for such items as employment insurance. provincial or ten itorial health insurance, workers compensation, and Canada or Quebec Pension Plan, insohir as such eosl is based on wages, salaries or other remuneration paid to employees of the C on/rat-tar and included in the cost ot the iiorkas provided in paragraph ;.3 travel and subsistence expenses of the Comraetor s personnel described in paragraph ;.4 all Products including cost of transportation thereot :.5 rnaier,als. supplies, C onstruc hon Equipmeni, i nporarv JJtnh. and hand tools not owned by the workers, including transpottat ion and inai ntenanee thereof, which are consumed in the performance oft lie TI nra; and cost less salvage value on such items used hut not consumed, which reniai Ti t lie property of (he C on/racfl r:.6 till tools and C onstruetlon Equipment, exclusive of hand tools used in (he perforniance of (lie flora, whether Tented I roin or provided by (lie C on/rae/or or others, including instal lat iou, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereofl.7 all equipment and services required (hr the ( on/rae/or s held office;.8 deposits lost;.9 the amounts of all suhcontraets;.10 quality assurance such as itidependent inspection and testing services:.1] charges levied by authorities having jurisdiction at the P/cue o/!he Work:.12 royalties, patent licence fees atid damages for infringement of patents and cost of defending suits therefor subject always to the C onfrcui?s obligations to indetiitlity die Owner as provided in paragraph otuc 10.3 PAThNI ILLS:.13 any adjustment in premiums for all bonds and insurance which the C cm/rat/or is required, by the C ontraet Doc unwnts, to purchase and maintain: 14 atly adjustment iii taxes, other than Value (tided ilves, and duties for which the Con/rae/or is liable:.15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the (Fork;.16 reninval and disposal of waste products atid debris: and.17 sal ety measures and requircnients. ( ( IX 2 20t)X F Ic 04)72 Ti A c,fe This cvnt act is pi afreted lit co/nrrc ITL / Sc [a ( I ( C 2 doiwiwat ii, it COfllaiii,ng a C ( IN 2 c qnrtgh/ seal,uhctsluh s cv infringenient ci[cnptr,ght. ()n/i sign this nntrac(,( the dotuntent role, page tsar a ( 1 / N 2 copnight still to de,iv n iii ale skit it is intended tti the [Jatliet I, Ito, cc Laia& and icflat?tefldec/ i r,oil iii Ilk 2 2(108 inept to i/i este,,t that ant a/ti,aoons. additions or mod fii vtuitc ape sc tfo ;IT (I, sopphowrnaiy cond,i,,,n

63 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost elemeni reftrred to in paragraph 6.3,7 shall cover and include any and all costs or liabilities attributable to the Change Din cth s oilier than those which are the result of or occasioned by any Ibilure on the part 01 the C otttractot to exercise reasonable care and diligence in the ( ontntctor s attention to the Work. Any cost due to th ii u c out lie part of the C antractor to cxc cisc reasonable en re a id d Ii ge ice tithe C ontractor s atte ion to tli e I Fork shall he borne by the ( on/rector ) The ( ontrat tor shall keep Full and detailed accounts and records necessary fbi the documentation of the cost of perlbrming lie Ifork attn btutahle to t lie ( ha,u,e Dirt ctii, and shall provide the ( onsnlknit with copies thereof when requested For the purpose of valuing Change Directives. the Gutter shall he afforded reasonable access to all of the Contractor s pe it in ent doe u men ts related to t lie cost of per lb rm in g t lie I ( ark at trib ti table to the C hangc Dfrec /1w I I Pen d in g d etc rm in at m of t lie Rn a I amount 1)1 a C hange Directive, the Lind sp uted value of the Ii ork performed as the res Lilt ola ( hange Dine/lee is eligible to lie included in progress payments I 2 If the C)ii tier and Ihi e Contrite/or (10 not agree on the proposed adj tist me nt in t lie Cot itract Time alt rib u table to the change in the Work, or the method of determining it, the adjustment shall be referred to the ( onvultant for determination When the On ner and the ( antrac tor reach agreement on the adjustment to the ( ontract Price and to the Contract Thee, this agreement shall he recorded in a Change Order. CC 6.4 CONCEALED OR UNKNOWN CONDITIONS lithe Owner or the Contractor discover conditions at the Place a/the Work which arc:.1 suhsurthce or otherwise concealed physical conditions which existed before the commencement of the Work which (Ii 1k r materially from those in di cat cd in the ( ontract I )c clout nts; or.2 physical conitions, ot lie r t Ii an cond it ion s due to weat Ii er, that are of a nature wh i cli differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the C ornraet I )acuments, then the observing party shall give Aaticc in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Daj s after tirst observance of the conditions The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions di l tbr inateri ally and this would cause an increase or decrease in the Contractor s cost or time to perform the Work, the Consultant, with the Owner s approval, will issue appropriate instructions for a change in the Work as provided in CC 6.2 CHANGE ORDER or CC Cl lange DIRECI IVE If the ( onsultant finds that the conditions at the Place of the Work are not materially different or that no change in the antrac! Price or the C antract Time is justilied, the Consultant will report the reasons for this finding to the Owner and the antractor iii writing 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 CC TOXIC ANF) HAZARDOUS SUBSTANCES, CC ARTIFACTS AND FOSSILS and CC 9.5 MOULD. CC 6.5 DELAYS If the C ontractor is delayed in the performance of the Work by an action or omission of the Owner. Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract lime shall he extended tbr such reasonable t imeas the Consultant niay recommend in consultation with the ( on/rector. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay lithe ( ontractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that stleh order was not issued as the result of an act or fitult of the C niractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Timc shall he extended for such reasonable time as the C onsultant may recommend in consultation with the C on/racier. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. ( CDt 2 200K F,Je A-tilt ; This ornovc t i protected hr copvnghi. (, ç. cifa ( C tic 2 document no; csinlabong a ( ( t Ic 2 copuright sal ctntcl,i,,tev an infru,genwni of copj rtc ht On!, sign Iii s contract,f slit,tacnnicnt curer ptzge l,ear, a ( ( IX 2 cupunght teat to sten,onsn-a;e shut a is,ntemtecl hy the parties so he an tncurate and unarnended a-mm of DC 2 cusp? to i/sc, xs, rn that an- atti ra;,ans. wit/a/tins or,nod,fitwum.c ci,-, cc? fin?, in suppkcne;itcvi c-ondo,un.s

64 lithe ( on/rector is delayed in the perl onnance of tire Work by:.1 labour disputes, strikes, lock outs (including lock otris decreed or recommended for its members by recognized contractors association, of which the (,nu, aelor isa member or lo which the C onirticior is otherwise bound), lire, unusuil delay by common carriers or unavoidable castitrities... ahrroriiially adverse weather conditions, or.4 any cause beyond the ( onwactor s control oilier than one resulting from a delault or breach of Conned by the ( trnlracnn. then the ( oniraci iinu shall be extended Fr such reasonable time is the Consultant nriry recommend in consultation with the ( ontrczdlor. [he extension ot time shall not be less than the time lost as the result nt the event causing the delay, unless the Conn actin- igrees to a shorter extension, The C ontrinior shall not be entitled lo payment ftr costs inclined by such delays irnltss such delays result from actions by the Ou ner, C,nrcu/lanl or anyone employed or cnt ;igcd by them directly or indirectly 6.5,4 No extension shall be made tbr delay unless Notice in Writing of the cause of delay is given to the ( ormithant riot later thini 10 1[ orking Days alter the commencement of the delay. In the case of a continuing cause of delay only one No/icc in I [ riling shall he ii ccc ssa ry If no schedule is made under paragraph of SC ROLE OF TIlE CONSULTANT, then tio request fir extension shall he made because of failure of the ( onso//aiji to furnish instructions until 10 ll orking Days after denmnd Fr such instructions has been niade. CC GA, (LAIMS FOR A cllanc;l: IN CONTRACT PRICE I If the C onn ador intends to make a elairri tbr an increase to tire ( tin/reel Price, or if tire Owner intends to mike a claim against the C crelf, acicn br a credit to the ( on/rae! Price, the parly that intends to make (lie claim shall live tirticly A otic c in II riling of intent to claim to the other party and to the C onso/lani 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 its a result nf such event or series of events, and.2 keep suclt records as may be necessary to support the claim, The party niak i ng (lie c aim shall suhmn it wit tin a reasonable tine to the ( onsultant a detailed account of the amount claimed and the grounds upon which the claim is based Where the event or series of events giving rise to the claim has a contintring effect, the detailed account submitted under paragraph shall he considered to he an interim account and the party making the claim shall, at such intervals as the onsu/tant niay reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based, The party making the cia i ni shall submit a fl nal account atier the end of the effects resulting rem (he event or series of evenis The Consu/hinl s findings, with rtspect to a claim made by either party, will he given by.volfc in Writing to both parties within 30 JJ7 n Aing Days after receipt of tire claim by the Consul/cnn, or within such oilier time period as may he agreed by the parties If such finding is not acceptable to either party. the claim shall be settled in accordance with Pan 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULJ NOTICE CC 7.1 OWNER S RICIITTO PERFORM TIlE WORK,TERMINATE TIlE CONTRACTOR S RICIIT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT If the Contractor is adjudged bankrupt, or makes a general assigntnent 11w the benefit of creditors because ot the Contractor s insolvency, or if a receiver is appointed because of the (7onfractor s insolvency, the Owner may, without prejudice to any other right or remedy the Oit ner may have, term i nate the ( on/rae/or s right to continue with the Work, by giving the ( on/rae/or or receiver or trustee in bankruptcy No/ice in It riling to that effect If the ( tm/rector neglects to prosecute the TIarA properly or otherwise tails to comply with the requirements of the ( on/rae! to a substantial degree and if the ( onsuitcuit has given a written slateimient to the (inner and C on/rat tot that sufficient cause exists to justify such action, the (inner may. without prejudice to any other right or remedy the (hvncr may have, give the on/rae/or Notice in Writing that the Contractor is in dcthult of the C ontraclor s contractual obligations and instruct the ( on/rector 10 correct the default in the 5 Working Days immediately fbllowing the receipt of such Notice in li riting. (( )C I:lc 0072 t 3 20,\otc Tins on1, lc l I., prol, c!iil br ropm-ncbc I.*i of a C ( DC 2 rbn,a,rc nt not c tifliainttrg a C ( 1K 2 ropr, igin vent i ofl.qillil, S an iofnngc,nenr i ft opjnelit flair Sign I/OS rrnfr itt if the dot urinal ri, purge bears a ( ( IX 2 ct i i nehi situ to i/, iir,in l,aft sinai a us rnuenckd br ii,, panie.c i Ire on accurate and una,nen,/cci terrain if ( IX 2 200,5 steeps I,, the, uc ni (liar anm ahcnst,,n,s, ad lii,ons or,,,oih/u -a/sours are.r ifirrih in soppk,ruorlan indium,,,.

65 200V If the default cannot be corrected in thu 5 Horhu,g Da;tv specified or in such other tinie period as may he subsequcntly agreed in writing by the parties, the C outtactor shall he in compliance with the Ownts instructions like ( onflvctot :.1 commences (lie correelion of (lie delimit within the specitied time, and.2 provides (he Owner with an acceptable schedule or such correction, and.3 corrects the defitult in accordance with the ( onfract lernis and with such schedule lithe Contractor lliils to correct the default in the time specilied or in such oilier lime period as may be subsequently agreed iii writing by the parties, without prejudice to any other right or remedy the Owner may have, (lie Owner may;.1 correct such default and deduct the cost Ihereol front any payment then or thereafter due the Contractor provided the Consultant has certified such cost to he O;i,,cr and the. Contractor, or.2 tcrminalc the ( i,ntraclgn s right to conlinue with the Work in whole or in part or terminate the Contract If the (hrn, r terminates the Contractor s richt to continue with the Work as provided in paragraphs and 7.1.4, the Owner shall be cot lied to:.1 take possession of the (fink and Produc is at the P/ace 0/ the tiork: subject to the rights of third parties, utilize 11w (onstruction /Jquij mcnt at the l lat t cit the link: finish the ll7ork by whatever nietliod the Owner may consider expedient. hut without undue delay or expense.and.2 withhold fitrther payment to the C ot;trat tor until a final certificate for payment is issued, and.3 charge the C ontrctt tot- ihc amount by which the Full cost of linishting the Work as certified by the Convu/tant, inclnding compensation to the C onsulfant for the C onmtlta,it s addi(a iial services and a reasonable allowance as deterinmed 13 (lie onsuhant to cover (lie cost of corrections to work perlbrmned by the Contractor that may be required under ;c: 12.3 WA RRAN1 Y, exceeds (he unpaid balatice of (tie Contract / rice: however, if such cost of littishing the flora is less than (he unpaid balance ol the C on?ritct Price, the On ncr shall pay the ( ontt,tctor the difference, and.4 (in exphy of the warran(y period, charge the C ontractor (he amount by which the cost of corrections to the Contractor s work under CC 2.3- WARRANTY exceeds (lie allowance provided for such corrections, or if the cost of such corrections is less than the al low:mnce, pay the Contractor the (Ii Iierencc The C ontractors obligation under the Contract as to quality, correction and waimnty of the work peribrtiwd by the Contractor up to the time 01 ternilmiation shall cotitinue after such termination of the Contract. UC 7.2 CONTRACTOR S RIGHT TO SUSPEND TIlE WORK OR TERMINATE THE CONTRACT If the Owner is adjudged bankrupt. or makes a general assignment liar the benefit of creditors because of the Owner s insolvency, or if a receiver is appointed because of the On? cr s insolvency, the C ontrircior may, without prejudice to any other right or remedy the C onmu tor may have, term i nate the C ontrat t by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect If the (( ink is suspended or otherwise delayed 11w a period of 20 (forking Dan or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the C ontractor or of anyone directly or indirectly employed or engaged by the C ontractor, the Contractor may. without prejudice to any other right or remedy the C ontractor nay have, terminate the C ontract by giving the Oi, ticr.voti e in Writing to that effect The C ontractor may give Notice in li riting to ihe (hi ner. with a copy to the Consultant, that the Owner is in delimit of the )n ner s contracitma I obligations i.1 the Oli nl r fiuls to furnish, when so requested by the C onitactor. reasonable evidence that financial arrangements have been made to fulfill the Oii ncr s obligations under the Contract. or.2 the ( oncnltant hails to issue a ecnilicatc as provided in cr5.3- PROGRESS PAYMENT, or.3 the Owner fails to pay the Contractor when due the amounts certified by the C onsuham or awarded by arhiimtion or court, or.4 the Owner violates the requirements of the Contract to a substantial degree and the C cnicultant, except liar CC 5 I FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sullicieni cause exists The C ontracun s Notice iii Writing to the Owner provided under paragraph shall advise that if the defliult is not corrected within 5 fliarking Days Following the receipt of the Notice/n Writing, the Contractor may, without prejudice to any other right or remedy the C onnactor may have, suspend the Work or tenuinate the Contract If the Contractor terminates the ( ontract under the conditions set out above, the Contractor shall he entitled to he paid for all work perliarmed including reasonable profit. liar loss sustained upon Products and C onstruction Lquipment, and such other damages as the C ontractor may have sustained as a result of the termination of the C ontract. (X DC hieoo72i3 21 Note: 7/its conoct is profrctcd hr copiru, hs L\c via I C 1)1 2 docunwni not coinarnt ig a C C DC 2 copyright seat constitutes an in mgei,ient of copyng/it. (In/i sign i/its contract i/the dcicunient c oler page bc cus g ( ( 2 coping/it seal to demonstrate that fits mtendect hr ttw parhl s to he an accurate and unamended vermoti if I IC 2 except to the extent i/tat any alterations, additions or ncodt/uauons are setfbrth in suppte,newwy conditions.

66 ROLL PARIS DISPI]l E RESOLUTION CCLI AL]l IIORITY OF THE CONSLIL [AN I Diii rences between the parties to Ihe ( on/rae! as to tile interpretation. application or administration of the ( on/rite! or lily Ihilure to agree where agreement between the panics is called lbr, herein collectively called disptiles_ which are not resolved in the first instance by tindings oithe C onsuflcnu as provided iii (ic 2.2 ROl.! CU TIlE C ( JNSULTANT. shall he settled in accordance with (lie requirements of 1km 8 of the General (_onditions DISPLI I L RLSOLU I ION. 8,1.2 Ifa dispute arises under the C on/tact in respect of a matter Hi which the Consultant has no autlitirity under the Contract to nakealinding, the procedures set out in paraeraph 8. I.3 and paragraphs to ui CC 8.2 NEC io I IA l ION, Ml.DIAIION AND Akit I l RAFI( )N.and in Ci( 6.3 RI :CENnoN 01: RICH [I S apply to that dispute with the necessary changes ho detail as may he required. 8,1.3 Ii a dispute is not resoled promptly. the Con_sultan! will give such instructions as in the ( nisicltnies opinion are necessary for the proper pentorm;mnce of the Il iirk and to prevent delays pending settlement of the dispute. [he parties shall tel itnntediately according to such instructions. it being understood thiu by so doing neither party will jeopardize any claim the party may have. II it is subsequently determined that sttch instructions were in error Or at variance with the C on!rile! l)oc tunents, the Oii nc r shall pay the Contractor costs incurred by the C on/rae/or in carrying out such instructions which the on/rae/or was required to do beyond what the C on/rat? Documents correctly understood and interpreted would have required, including costs resulting from interruption of the (fork. CC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION In accordance with tile Rules tbr Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of hid closing, I lie parties shall appoint a Project Mediator I within 20 IForking I)ays after the Contract was awarded, or.2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by No/icc in I/ruing requests that the l roject Mediator he appointed A party shall lie conclusively deemed to have accepted a finding of the Consultant tinder CC 2.2 OJ fj Jj: CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular tiiatter dealt with in that hinding utiless, within IS (forking flags alter receipt ot that i5nding. the party sends No/he in It iting of dispute to time other party and to the C onsul/nu, which contains the particulars of the matter in dispute anti the relevant provisions ol the C till/rae! Documents. The responding party shall send a AOtit t ill II riting of reply to the dispute within 10 Il orking l)v after receipt of such A 0/ice in if thing setting out particulars of this response and any relevant provisiolis of the C omrac/ i)i c unwnis w 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 flicilitale these negotiations. 8.2,4 After a period of 10 (forking Days following receipt of a responding party s Notice in Writing of reply under paragraph 8.2.2, the parties shall request the I rojeet Mediator to assist the parties to reach agreement on any unresolved dispute. rue mediated negotiations shall he conducted in accordance with the Rtiles bar Mediation of ( onstruction Disputes as provided in ( ( DC 40 iii etièct at the time ot bid closing lithe dispute has not been resolved within 10 Working Days after the Project Mediator was requested tinder paragraph or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in 14 ri/ing to the Owner, the Contractor and the C :onsunctn, By giving a Notice in (filling to the other party and the C onsuhant, not later than 10 H itrking Days after the date of termination of the mediated negotiations under paragraph either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in elièct at the time ui hid closing. l he arbitration shall be conducted in thejunisdiction ol the Place q/thc (York, On expiration of the 10 Working (Jays, the arbitration agreement under paragraph is not binding on (lie parties and, ifa No/he in It riling is not given under paragraph within the required time. the parties may ret er the unresolved dispute iti the courts or to any oilier banin of dispute resolution, including arbitration, which they have agreed to use. t Ct )t 2 File \ no : Tt,o cccnh, cu I cc pnitcried hr copyright. I:- cia C C 1)1 2 doc unu oi not c c ntaoung a C I )( 2 cctpi nght scat oflsttiidc,t 00 wir,ngcnic ii( cifeopiright. I )nji cn, Ii this ccsntrcu-i tithe dcsoownt cover pcige hears cc C I tic 2 ropvivght seat to ctenicrrs Oak that Iris,ntenctect hi I/Ic ponies ii I, an accurate clot? una,nendecl il is,an if IC 2 eccvpt to the extent that cm atcerauoar additions or mod,/lcatuins my wtjtn tti in suppkmeictarr euro I;tiotu.

67 2008 NEGOTIATION, If neither party, by Notice in II7rlluiç, given within 10 I Voi king flat s of the date oiivoticr in hiting requesting arbitration in paragraph 82.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragra ph shall be.1 held in abeyance until I ) subs/cm/ic II Performance of the I Vork, (2) the Contract has been tenu mated, or (3) the C ontritetor has abandoned the I Fork, whichever is earl icr; and.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph CC 8.3 RETENTION OF RICIITS 8.3. I It is agreed that no act by either party shall be construed as a ron unciation or waiver of any tights or recourses, provided the party has given the Notice in Writing required tinder Part 8 of the Genera! Conditions l)ispu EE Rl:soLuTIoN and has carried out the instructions as provided in paragraph of SC 8.1 AUTI IORITY OF il IL CONSU LEANT, Nothing in PanR of the General Conditions - DISPUTE RESOLUTION shall he construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislatioti of the jurisdiction of the Place oft/ic Work and the assertion of such right by iti iti at i ng tid icial proceedings is not to he construed as a waiver of any right that party mtty have under paragraph of SC 8.2 Mf DtA] ION ANt) ARI3ITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY CC 9.1 PROTECTION OF WORK AND PROPERTY The Contractor shall protect the Work and the Otvner s property and property adjacent to the Place o/the Hark from damage which may arise as the result of the ( on/rae/or s operations under the ( on/rae!, and shall he responsible for such damage. except damage which occurs as the result ol :.1 errors in the ( cm/met Documents;.2 acts or omissions by the Ott ner, the Consultant, other contractors, their agents and employees He lbre commencing any work, the ( onthic tor shall determ inc the location of all underground utilities and structures i id icated in the C on/rat! Docunwnts or that are reasonably apparent in an inspection of the Place of/he IYork Should the Contractor in the performance of the Contract damage the Work, the Owner s property or property adjacent to the Place o/the Work, the Contractor shall be responsible for making good such damage at the U,mmac tor s expense Should damage occur to the Work or Oit ncr s property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the C ontractor shall make good such damage to the Work and, if the Owner so directs, to the Owner s property. The Contract Price and Contract lime shall be adjusted as provided in CC 6.1 OWNER S RIGI Ii TO MAKE CIIANGES, GC 6.2- CHANGE ORDER and CC 6.3-CHANGE DIRECTIVE. CC 9.2 TOXIC AND IIAZARDOUS SUBSTANCES For 11w purposes of applicable legislation related to toxic and hazardous substances, the Owner shall he deemed to have control and management of the Place of the Work with respect to existing conditions Prior to the Contractor commencing the Work, the (huner shall..1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and.2 provide the ( onsultant and the ( on/rat/or with a written list of any such substances that are known to exist and their locations The Owner shall take all reasonable steps to ensure that no person s exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of/he Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or ha ardous substances which were at the! lace of/he Work prior to the ( on/radar commencing the Work Unless the ( ontraet expressly provides othei-wise, the Owner shall he responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work. (XI IC 2 2ttOS Ftc 0072 t 3 23 Notc Tlis contract cc pratec tc d hr c opi nght live cfcs ( C 1)1 2 dot nnwnt not c ontarnmg it ( C 1K 2 copyright scat constitutes an tnfnogenwnt o[c opj rtght. Only sign flits contract,f the document cvrer jinge henry a C C 1K 2 copj -;ght sect! I,, demonst, cttc that it is intended by the ponies to he cot accurate and unwnenck c/ version of C I 1(2 except to the extent i/vu any alterations, additions or niothfieat,on.v an set faith in supplemental y conditions,

68 7/us 2 PROTECTION Dispute 2 2 9,2,5 If the C otitraclor.1 encounters toxic or hazardous substances at the P/ac, oft/u I fork, or.2 Ins reasonable grounds to believe that toxic or hazardous substances are present at the P/nec 0/I/u Work, which were not brought io the l ku c of/lit Work by the ( tnip uc fln or anyone for whom the ( otitraclor is responsible and which were not disclosed by the opine,- or which were disclosed but have not been dealt with as required under paragraph the C un/rae/or shall.3 take all reasonable steps, including stopping the II ork. to ensure that no person s exposure to any toxic or hazardous substances exceeds arty ippl cable time weighted levels prescribed by applicable legislation at (lie Place vi I/u I lark, and.4 immediately report the circumstances to the Consultant and the On nc r in writing lithe Chi ner and Ccnanu un- do not agree on the existence. signilicance of. or whether the toxic or hazardous substances Were brougot,into the I /ac (i/the IF tn k by the ( wi/nw/or or anyone for shoin the Con/rae/or is responsible, the Uniter shall retain and pay tbr an independent qualified expert to investigate and determine such matters. ]iie expert s report shall lie delivered to tlt e (himr and the C ontruel, a. 9,2.7 It the O)u ner and ( on/rae/or agree or if the expert referred to in paragropli determines that rite toxic or hazardous sir bstan ces were ti ot bn ai ght on to tire place of the II irk by t he C on/rat/or or anyone or whot n the C ontrue/or is respotis Ii Ic, the (it ncr si i all p rotnptly at lire Oh ncr s ow ii expense: I take all steps as required under paragraph 9.2.4;.2 reimburse the Contractor or the costs oh all steps taken pursuant to paragraph 9.2.5;.3 extend the Contract time for such reasonable time as the C onsullanl may recommend in consultation with the ( on/rae/or and the expert referred to in and reimburse the Con/rue/or for reasonable costs incurred as a result of the delay: and.4 indeninif the Contractor as required by GC 12.1 INDEMNIFICA flon If the Owner and ( on/rue/or agree or if the expert referred to in paragraph determines that the toxic or hazardous substances were brought onto (he place of the Work by the I c,,i/ruetor or anyone For whom the ( on/rae/or is responsible, the in i/ri zelor shall pro in pt ly at t lie C on?rae/or s own expense:.1 take all necessary steps, in accordance with applicable legislat ion in force at the Place of I/ic //via, to safely remove and dispose the toxic or hazriious substances:.2 make good any damage to the ([ ark, the Owner s property or property adjacent to the place of (lie Ilork as provided in paragraph oi(ic 9.1 OF WORK AND PROPERTY:.3 reimburse the Owner hr reasonable costs incurred under paral raph 9.2.6; and.1 indeinnit the Owner as required by GC INDEMNIFICATION. ),2.9 If either party does not accept the expert s findings under paragraph the disagreement shall he settled in accordance with Part 8 of (lie General ( ondilions Resolution. IF such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert s determination and take the steps required by paragraph or it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 l OXIC ANt) ItAZAR000S SUBSTANCES. CC 9.3 ARTIFACTS AND FOSSILS Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the On ncr and the Contractor, be deemed to he the absolute property oithe On ner The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items The C onsufian/ will investigate the impact on the Work ofthe discoveries identified in paragraph liconditions are tound that would cause an inerea,se or decrease in the C on/nw/or s cost or time to perform the Work, the C onsuitant, with the Owner s approval, will issue appropriate instructions for a change in the l1ork as provided in GC 6.2- CHANGE ORDER or GC 6.3 CI lange DIREC lye. CC 9.4 C:ONSTRttCflON SAFETY Subject to pamnipli of GC 3.2- CONSTRUCTION BY OWNER OR OTIIER CONTRACTORS, the Contractor shall he solely responsible for construction safety at the Place o/lhc I/ok and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall he responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the perthnnance of the Work. ( ( IX 2 2X File Vote - carom, so pruic eu c/ hr ci pr rich!, I sc oft. ( ( lit dacunwot tic ) unuh fl nç a ( ( fl( c,.pt ngtit scat c,,nssouics an,nfi,,eu,eni oft opym,ght /h,t,,s,g,m it,,, omit /,/ the itoewiient corer ten, liters a ( 1 / It 2 coprm,ght seat to ctenu,nst,,te start it is,oieoded hi the ponces 5,, lie in,,,c, iowe unit ununiern/ect rerc,c n if it 2008 except to f/a skill tlw, ant otu n,?,ons. adthoons or moth/ic,t,,o,c a s.sc tforth in sopptemcnsui3 eon.t,t,iins.

69 CC 9.5 MOULD 95 I lithe ( on/rae/or or Oii ner observes or reasonably suspects (lie presence of mould at the Plan of the Ii ork, the reitiedialion of which is not ex;iressly part of the Ilw A..1 the obseiwing party shall promptly report the ciretinistances to the other party in writing, md.2 the C on/rae/cu shall promptly take all reasonable sieps. including stopping the II ira if nccessaly, to ensure that no person sull ers injury, sickness or deaih and that no property is damaged as a result ot exposure to or the presence of the mould. and.3 it I he ( )mm ner and C wan ieun do ii ot agree on the exist e nec, sign ii call Ce or cause of (he iiioti Id or as to what steps need be tak cii to deal with I, die (hi ne; si tall ret a in and pay tiir an independent ci u a Ii fled expert to investigate an d d etc rm inc s tic h mailers. The expert s report shall he delivered to (he Owner and C on/mt/or. I If the Owner and C cm/rae/or agrce. or if the expert referred to in paragraph dctenn lies that (he presence if tuottld was caused by tlte C ot//r</elor s operations under die C on/rae!. the C on/rae/or shall promptly, at the C On/rat/or s own expense:.1 take all reasonable and necessary stcps to safely remediate or disposc of the monk?, and.2 make good any damage to the Work, ttie Chi nc r s property or property adjaceni to the Plan of/lw Work as provided in paragraph 9. t.3 of PROTECTION 01: WORK AND PROPERTY, and.3 ci m h u se the C h nl, to r reason able costs incurred iwiler paragraph 9.5. I.3 and.4 indemnity the Ott neras required by GC 12.1 INDEMNIFICATION If the On ner and Con/rae/or agree, or if the expert re cried to in pantg aph determines that (lie presence of mould was not caused by the C on/rae/or s operations under the C on/n/ct, the Owner shall promptly, at the Owner s OWfl expense:.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and.2 re i mhu se t lie C on/n k/or for the cost of taking the Ste5 LI nder paragraph 9.5. I.2 a rtd n mak rig gun d any darn age to tire TEe irk as provided in paragraph ofcc PROTEC FION OF WORK AND PROPERTY, and.3 exteii d the ( cm/rae! Ji/;ft ibr such reasonable time as the C on.vnl/ant in ay reconi in end in consultation wit Ii (lie C on/rae/or and the expert referred to in paragraph 9.5.1,3 and reimburse the ( on/rae/or for reasonable costs incurred as a result of the delay, and.4 indemnil y the Contractor as required by GC 12,1 - INDEMNIFICATION if either party does not accepi the expert s finding tinder paragraph , the disagreement shall be settled in accordance with Part 8 of the General ( onditions DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall act immediately in accordance with the expert s determination and take the stcps rcquired by paragraphs or 9,5.3, it henig understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by CiC MOL:LD. PART 10 (;0VERNIN(; REGULATIONS CC 10.1 l AXES AND DUTIES The ( wi/rae! I ru e shall include all taxes and customs duties in effect at the time of the hid closing except br Ja/[, lildt d Taxes payable by the Goner to the ( on/rue/or as stipulated in Article A-4 of the Agreement - CONTRACT PRICE Any increase or decrease in costs io the Con/rae/or due to changes in such included taxes and duties after the time of the hid closing shall increase or decrease the ( on/rout I riee accordingly. CC 1(1.2 LAWS, NOTICES, PERMITS, AND FEES w laws of the l /ac e of/he Hark shall govern the Work The Owner shall obtain atid pay tbr development approvals, building permit, pennanent easements, rights of servitude, and all other necessary approvals and permits. except for the peniuts and tees referred to in paragraph or thr which (lie ( on/nat Doc ntnen/s specify as the responsibility of the C On/rae/or The ( ontractor shall he responsible br the pracureinent of permits, licences. inspections, and certificates, which are necessary or the perlbnnance ot the TI bra and customarily obtained by contractors in the urisdiction of the I lcwe of the flora ai ter the issuance of the building permit. The ( on/rod Price includes the cost of these permits, hicences, inspections, and certificates, and their procurement The Con/rae/or shall give the required liotices and comply with the laws, ordinances. rules, regulations, or codes which are or become in force during the perthrniance of the flora and which relate to the lfoj k, to the preservation of the public health, and to construction sat ety % File Au, : Tins conoi&! is pm/cc/ed hi coprr,ghi. /sc ofo C ( DC 2 doe,,nn n( lint c o,,fc/irnii a ( C DC 2 copi nghi seal consi,ow, X an infringement oftopiright. ()nli sic,, contract if the docunien/ corer prne bears a C C DC copo,ght seat go dcmonso oie thai i/is intended by the par/us /0 bc an cucw a/e anti unanienc/ed i en,on of 1 it creep; to the es/tnt i/lag any a/kerat,o,,s. adda,on,s or ninth/na/ions ale cc?forth in supp/c menrarr conchoons,

70 2005 I TI te ( ontrac/or shall not be respoi s inc Fr vu ri f 11 g that the C rn ;tract Dociunci its are in compliance wit Ii I lie app I icab Ic laws, ord ii ances, ru lc. regu tat ions, or codes tel ii Jig to the I Iork. I I the C n i/rae! Documents ire at variance the rew iii. or i subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or cocks which require mtitfihcatiopi to the Crn,b act Duc utnc?itv, the ( ontnu!rn shall advise the C onsuhtimt in writing rctitcsting direction immediately upon such variance or change beconiing known. Tue ( onvuluuu will make the changes required to the ( (fluti ctc/ D,a mncms as provided in GU C,! - OWNER S RIGIII TO MAKE Cl lances. CC CHANGE ORDER and CC Cl lance DIRLC IIVL lithe ( on/rae/or bils to advise the ( cm.cultant in writing: and Etils to obtain direction as required in paragraph : and pertoniis work knowing it to be contrary to any laws, ordinances, rules. regulations, or codes: the C ontritctor shall be responsible for and shall correct the violations thereof: and shall bear the costs. enpenscs and damages attributable to the fltilure to comply with the provisions oi.such laws, ordinances, rules, regulations, or codes f subsequent to the time of bid closing, changes arc made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which aitect the cost of the FlorA, either party may scthmit a claim in accordance with the requirements ofuc 6.6 CLAIMS ICR A CHANGE IN CON rl{act PRICE. CC loj PA l ENJ FEES I hc Con/rat/or shall pay the royalties and patent licence lees req u red for the perftirniance oft he Cot,!,, itt. The ( ontractor shall hold the Gutter harmless trom and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of Ihe Contractor s pertormance ol the C ontrac. t which are attributable to an infringement or an alleged infringement ol a patent ot invention by the C ontrad it or anvcine for wlic,se acts the ( ontradcsr may he liable The (inner shall hold the C ontractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the C on/rae/or s perlomiance of the C on/rat! which are attributable to an infringement or an alleged infringement of a patent of invent ioti in executing anything tiw the purpose of the C ntrac t, the model, plan or design of which was supplied to the ( on/rae/or as part of the Contract Dcicun,cnLv. C( 10.4 WORKERS COMPENSATION 10.4.! I rior to cnmnienc ing time Work, again vi tim the ( on/rector s application for paytnent of the Imoidhack atnount fol owing S ul,stantial I etfo, nicmce of the I fork and again with I he to i/rat for s app Ii cat ion I in a I payment. the C c ill/rat tar shall provide evidence of compliance with workers compensation legislation at the Place of the Work, including payments due thereunder At any time during the Icon of the ( antrcwt, when requested by the On ner, the ( ontrac tor shall provide such evidence of compliance by the Contractor and Suhccmtraetors. PART II INSURANCE AND CONTRACT SECURITY CC 11.1 INSURANCE Without restricting the generality of CC 12.1 INDEMNIFICATION, the Contrite/or shall provide, maintain and pay for the following insurance ccweragcs. the minimum requirements of which are specihicd in CCDC 4! CCDC Insurance Requirements in effect atthe time of hid closing except as hereinafier provided: I General liability insurance in the name of the C cm/rca/or and include, or in the case of a single, blanket policy, be endorsed to name. the (Inner and the ( cmsulhmt as insureds hut only with respect to liability, other than legal liability arising out of their sole negligence, arising out ot the operations of the Contractor with regard to the flora. General liability insurance shall be maintained from the date ot commencement of the Work until one year from the date of Substantial l er/brmance of the ifork. Liability coverage shall he provided for completed operations hazards from the date of Stthstantial l erfin niance of the Work, as set out in the certificate of Substantial l er/örmanc c of/he flora, on an ongoing basis for a period of 6 years tel lowing Substantial l erfbrmcmcc of the Work..2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Suhstantial l erfbrmarn e (lithe Work..3 Aircraft or Watercraft Liability Insurance when owned or non-owned aircraft or walercraft are used directly or indirectly in the pcrfonnance of the I1 ork.4 Broad form property insurance in the joint names of the ( cm/rae/or, the Owner and the C onsultant. The policy shall include as insurcds all Subcontractors. The Broad t onn property insurance shall be provided from the date of commencement of the flora until the earliest of: I) 10 calendar days after the date of Substantial Perfonnancc of the lf c,rk: (T ix 2 2tK XFiictXi72I3 26,oh, The o nlrtut is protcctc- t hr cpmvght Lw if,, ( I [N 1 di. urnt,it nit ccintacnn,ç 0 ( ( tn 2,cj,j r:ght veal c,nstituis ci,,i;fr,ne n,, rn of coping/ct. (to!; go i/ifs sin trot / if the c/cc OOICW talc page Ilean a ( ( tic 2 cop right.,cot to c/colon,iiv(e Iticci it is,mcn,tc c/ hi the (attic s to tic on act crate and unc,m, nctcct an icj,i if lit. 2 vi,pt is ci,, exten, i/rat anj c,c/d,,cc,n or rnod,/icai,citvc air is tj srth in suppkrnentarv tiin,/its,rns.

71 INSIJRAM1. INSURANCE II.1.2 If. 1.3 (2) on the commencement of use or occupancy of any part or section of (he Work unless such use or occupancy is or construction purposes, habitational, office, banking, convenience store under 465 square nell-es in area, or parking purposes, or for the installation, testing and commissioning of equipment forming pad of the Pork: (3) when leti tinaltended or more than 30 COnscelitive calendar days or when construction activity has ceased for more than 30 consecutive calendar days..5 Holler and machinery insurance in the joint names of the fin/radar, the Owner and 11w ( smcu/titiit. The policy shall include as insureds all Suhcontrattorc. I he coverage shall be maintained continuously from coinmenceinetit of use or operation of the boiler and toacltinery objects insured by the policy anti until ID calendar days utter the date of Sobvta, si/a! I cr/thou mcc of the II ork. 6 flie Broad fonn property and boiler and machinery policies shall provide tftat. in the case of a hiss or dattiage. payment shall be made to the Ou nc i and the Contractor as their respective interests nay appear. In the event of loss or dam t mace (I) ttme Contractor shall act on behalf of time Owner fbr the purpose of adiusung the ainot:nt of stmcit loss or tfaniage payment with the irsurcrs. When tfie estent o: the foss or damage is detemiined. the ( cisitrctctor shall proceed to restore the ft o, k. Loss or damage shall tint atiect time rights and obligations of either pad> under the ( instruct except (hat the ( ontnu tor shall be entitled to such reasonable extension ot Coinraci Iflhic relative to tfie extent of the loss or dam age as the ( onsultant mu ay recom mend in eons u I tat ioti wit Ii the C a pmfractor, (2) the Contractor shall he entitled to receive win the Owner, in addition to the amount dime tinder the Contract, time amount which the Owner s interest in restoration of the hark has been appraised, such amount to be paid as time restoration of the IJ ork- proceeds in accordance with the progress payment provisions. In addition the ontraclor shall be entitled to receive from the payments made by the insurer the amount of the ( ossma ior s interest in the restoration o I t lie I fork; amid (3) to the tfurk arising 1mm the work of the Owner, the (hrncr s own forces or another contractor, the Owner shztll, in accordance with the Owner s obl igat iotis under the provisions relating to construct ion by Owner or other contractors, pay the Contractor the cost of restoring the IPork as the restorat iotm of the If-ark proceeds and as in accordance with the progress paymemmt provisions.7 Contractors Eqtmipment Insurance from the date of coumniencement of the Work until one year afier the date of Ntthstantia/ Pt r/orrnancc of the Work. Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the C ontractor shall promptly provide tfie Owner with confirmation of coverage and, if required, a certified frue copy of the policies certified by an atttfiorized representative of the insurer together with copies of any amnending endorsements applicable to the Work. The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any foss for whteh the above pof icies are required to pay, except where such amounts may be excluded by the tenns of the C ontrctc t. If.1.4 lithe C on/ratios fails to pmvidc or maintain nsurance as required by the ( ontract Documents, then the Owner shaif have the right to provide and maintain such insurance and give evidence to the ( ontractor and the C onvtiltant. The ( antractor shall pay he cost thereof to the Owner on demand or the Owner may deduct the cost 1mm the amount which is due or may become due to the C ontntctor. II. t.5 All required insurance policies shall he with insurers licensed to underwrite insurance in the jurisdiction of the Place o[the Ifork If a revised version of CC DC 41 REQUIREMENtS is published, which specifies reduced insurance m equiremnents. the parties shall address such reduction, prior to the Contractor s insurance policy becoming due fbr renewal, and record any agreement in a C hatp c Order If a revised version of C( D( 41 REQUIREMENTS is published, which specifies inettased insurance requirements. the Owner may request the increased coverage from the Contractor by way of a Change On/cr A ( hangc Direct/pc shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 INSURANCE REQUIREMENTS. (;( 11.2 (;ONTRACF SF( URITY II.2. I The C onfrctc tor shall, prior to commencement of the Work or within the specitied time, provide to the O,i ner any C ontract security specified in the Contract Doc umcnts ( C I K 2 200S f-dc tttt72 t 3 27 Kou ; Tho conircui is pact-c ad hr cvpmvight tic cifa ( ( Vt 2 doc unu nt not containing a ( (tx 2 coprrgist sc-ui const,lufi-c a,, o,fiittc erncnr aft aping/a. OnIj,ng,s this contract if tilt ctcs,,nieol cam-er,ssgc /,c arv a ( ( t K 2 ciiprrigh, so S (ci cknian Watt dial it is in/tailed hi the pi,; l es to he fin act law and u,,atffendecl Vernon of 1St cvcc pt ía itw extent that any atfr, atwns. uddiuan.c in niathtn -csnclns are setjbnh in suppkmcmarr conditions.

72 I 2 INSURANCE, l OXIC II.2.2 If the Contract Docnim nis require surely bonds to he provided, stick bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the P/ace v/tile ffork and shall he tnaintained in good standing until the fulfillment of the ( on/cad. The torn ot such bonds shall be in accordance with the latest edit ion of the ( C D( approved bond forms. PARE 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY CC 12.1 INDEMNIFICAtION Without restricting the paflics obligation to indemnity as described in paragraphs and , the Owner and the ( on/na/or shall cacti indemnits and hold liatmless the other tioni and against i ll claims, deniands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses stiticred hy them or in respect to claims by third parties that arise out of, orare attributable in my respect to their involvement is parties to this Contract, provided stick claims are: I caused by: I ) the n e u Ii gent acts or (NE SS ions of I te party fn mi whom i nde iii n i fi cat i cm is so tight or a nyone for whose acts or Omissions that party is liable, or (2) a fitilure of the party to the ( minici from whom indemnitieation is sought to ftilftll its ierms or conditions: and.2 made by N tic, in It riling within a period of6 years from the tiate otsithstcmtuz/ I, r/ornunu e tiff/a ihna as set out in the cctliticatc of Subytwinal / er/a, n can t cii i/sc II,,,k issued pursuant to paragraph ot (( 5.4 SUI1S CAN l IAI. PERFORMANCE OF THE WORK or within such shorter period is may be prescribed by any limitation statute of the province or terntorv of the P/OCt 0/f/k II u A, ike parties expressly waive the right to indemnity for claims other than those provided for in this Contract The obligation of either party to indemnify as set forth in paragraph shall he limited as follows:.1 In respect to losses suhicred by the C Inner and the Contractor tbr which insurance is to be provided by either l)aw pursuitnt to UC I I.1 NSU RANCh, the general liability insurance limit tbr one oecuirence as referred to in CCIX 41 in effect at the time of bid closing..2 In respect to losses sw iced by the Owner and the ( ontrictor fbr which insurance is not required to he provided by either party in accordance with CC 11.1 the greater of the Contract I rice as recorded in Article A-4 CONTRACT PRICE or S2.000,000. hut in no event shall the sum be greater than $20,000, In respect to claiitis by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruct ion o t tang i h I e property, the o hi igat ion to indemnify is without Ii ii it. In respect to alt other ci a ms tb r i ndeni n ity as a result ot elaitus advanced by third parties, the limits of indemnity set torth in paragraphs and shall apply The obligation of either party to indemnify the other as set flirthi in paragraphs and shall he inclusive of interest and all legal costs The Ounce and the Contractor shall indemni iv and hold harniless the other lii in and against all claims, demands, losses, costs, damages, actions, suits, or proceedtngs arising out of their obligations described in CX 9.2. AND I IAZARDt)US SUBSTANCES The Oti t,er shall indemni 13 atid hold harmless the C on/rae/or t mtn and against all claims, demands, losses, costs, damages, actions, suits, or proceedings:.1 as described in paragraph 10,3.2 oigc 10,3 PATENT FEES, and.2 arising out of the C ontivctor s perftwmancc oft he C r,ntrac t which are attributable to a lack of or detect in title or an alleged lack ofor defect in title to the P/ace u/the Iiork In respect to any claim tbr indemnity or to he held harmless by the (hi ner or the Contractor: I Anth c in Jt riting of such claim shall he given within a reasonable time after the fticts upon which such claim is based became known:.2 should any party be required as a result of its obligation to indemnity another to pay or satisfy a final order. judgment or award made against the party entitled by this contract to he i ndetnni fled, then the indemnifying party upon assutn ing all liability for any costs that might result shall have the right to appeal in the name of the party against whom such Foal order or j ttdgtnent has heeit tnade until such rights of appeal have been exhausted. CCrX 2 2tt08 Fttc, 0072 t 3 dacwneni not cailialiung (1 1 K 2 copvnghl seat c ansuto/c s an infrii,gemc ni ofcopj r,ght. Unit sign i/ic-s eonlrat l c/i/it c/acm;sent cat t i JNsge tear., a ( CI IC 2 c apt ngh/ seat to ckrnan.s trace that i/is intenck ct b) the parties to be an ac cunhie anti unarnenc/ed i e; sii a if ci Ut 2 200,5 except to the strut (liii ant aberai,ons, additions a, nsoth/icaucus are ic ijörth in supplenw;uar randatons, Mite: 7/us cono at t is pm/cried by copmnc tu. is, cia C ( DC

73 2 200 S 3 2 CC 12.2 WAIVER OF CLAIMS Subject to any lien legislation applicable to (lie l lan of/lu Work, as of the huh calendar day betbre the expiiy of (lie lien period provided by the lien legislation apphcabie at the Place a//hi Ifork, the ( on/rae/or waives and releases the Ou nc r foin all ci ;n ms wh cli ti e ( in tot a flu is or rc: son ib ly oti gilt to have knowledge of that co LI Id be ad vane ed by the C on/rae/or ga n si the (inner an sing hot a the on/rat for s in vol vein en t in the I IotA, iic I tiding, Wi tht ml hiii itat ion, those ar s n g fix im negligence or breach 0! contritcl in respect lo which the cause of action is based upon acts or omissions which occurred prior to or on (he date of,sd,sianthzl l t r/ornu mci of the I I i irk, except as (liii ows: I ci a i ins arising poor to or on t lie date of,s id.c& nil jul P r/onua, in of the I fork lb r win ch No/jet in I Friiinç of ci a in has been receive by t lie On ;u r I ro in the C vain a fin no I tier than the si xiii calendar day be lb re t lie exp i ry o ( the Ii eti period p roy id ed by (lie lien legislation applicable at the l lt;n of/lu Think;.2 indeninilieaiiim lw claiinsiidvanced against the ( wi/rae/or by third parties br which a right of indemniticatioii may be asserted by the (,nilnni q ;ig,unst the Hii iit r pursu nit to the provisions of this C on/cad;.3 claims hr winch it right of iiideinnity could he asserted by the ( onfrac/or pursuant to the provisions of paragraphs or oi(ic 12.1 INI)EMNIFI( ATION; and.4 claims resulting from acts or omissions which occur afler the date of Substannal Performance i/ili Work. 12.2,2 The / mural/or waives and releases the ( In u r born all claims referenced in paragraph 12,2,1.4 except br those referred in paragraphs and and claims 11w which Aol/ti iii Hilling of claim has been received by the (Inner from the onn at (or within 3 IS calendar days following (lie dale of Subskxnfía? Performance oft/ic Ilu k. i 12.2,3 Subject to any lien legislation applicable to the! laci of (lit flora, a, of (lie 1 fth calendar day before the expiiy of the lien period provided by the lien legislation applicable at the l lacc of the Ilbrk, the (hi ner waives and releases the C on/rae/or from all clainis which (lie (Inner has or reasonably ought to have knowledge 01 ihat could he advanced by the (Inner against the ( on/rae/or arising from the (hent r s involvciiicnt in the li o, A, including, without limitation, ttiose arisiig from negligence or breach of ct,ntm act in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date ot Szthsltmlial Per/orn,wu t cifdt JImA, except as Ibllows: I cia i ms arising prior to or on the ci atc of.suhsu viz/ia? l t iji Irnianee of (lit I/ oil for li ich Notice in IT ru/nc of ci a in Ii as been received by the ( on/rue/or than the (hs ner no later than the sixth calendar day before the expiiy of the lien period provided by the lien legislation applicable at ihe Plan of/hi II oil:.2 indemnification for clainis advanced against the (kite, by third parties 11w which a right of indemnification may he asserted by the ()n neragaiiist the ( onfrtzelor ptirsuaiit to the provisions of this ( onm lii;.3 claims for which a right of indemnity could he asserted by the (Inner against the ( on/radar pursuant to the provisions of paragraph of(i( INDEMNIFICATION;.4 damages arising from ihe ( tm/rae/or s actions which result in substantial defects or deticiencies in the TI brk. Substantial delccts or deficiencies mean those defects or deficiencies in the Pork which affect the Pork to such an extent or in such a manner that a significant part or the whole of (lie lt ork is unfit (or the purpose intended by the ( on/mel?)ot unzeni.v;.5 claims arising pursuant to (ii \VARRA\ FY; and.6 claims arising from nets or omissions which occur alter the date of Subs/anna! l eijormanec ofthe Pork, The Owner waives and releases the Conirc,eior horn all claims referred to in paragraph except claims (hr which,volk e in Prizing of claim has been received by the Contractor from the Owner within a period of six years from the date ols uhszunua? Performance of the (fork should an limitation statute of the Province or Territory of the Place of the Ilbrk permit stich agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by:.1 any limitation statute olthe Province or Territory ofthc Plate ofthe flora: or.2 ifihe Plate of/lie I/brA is the Province of Quebec, then Article 2118 ofthe Civil Code nfquehee The Oii ner waives and releases the ( ontractor t roni all claims referenced in paragraph t except for those referred in paragraph , ( and thosc arising undcrc(, 12,3 WARRANTY and claims for which No/hi in Wri/ing has been received by the ( on/rae/or from the (hence within 395 calendar days following the date ohsuhsranna? l er/onnance o/the flail No/ice in Wri/ing ofclaini as provided for in CC 12.2 WAIVER OF CLAIMS to preserve a claim or rightof action which would otherwise, by the provisions of CC 12.2 WAIVER 01 CLAIMS, be deemed to be waived, must include the following: I a ci ear and ci neq cmi vocal statement of the intent ion to claim;.2 a statement as to the nature of the claim and the grounds upon which the claim is based; and.3 a statement of the estimated quantum of the claim The party giving No/he in Writing of claim as provided for in CC 12.2 WAIVER OF CLAIMS shall submit within a reasonable tine a detailed account of the amount claimed. 1)1 2 2tttts File 0072(3 Noit ; This tons, aa is protected hr t cip; ng/it Li cifa t C IN 2 docooienl fbi containing a C Ci)( iofl ighi scat co,ic?oules an mfi-o,gei,ienl oj Cop),7ghI. OnIj,svgo lip s ton/rat? tithe doci,rneo? corer jsn, bean a I C I N copi r,ghl,vea/ to t/enionst, ale that El is,ou nded by the parties to lie on accurate and i,namenck d version of ( C Dc except It, i/u craft I/Elf at;; a/ie,ulunis. adjourns or niod ficafuons are Si tjbrth in suppteoiernan conditions.

74 12,2.8 Where the event or series of events giving rise to a claim made under paragraphs or has a continuing died, (lie de ta led accoti n t su bin tt ed tinder paragra p ii I shall be en ii s d e red to bean inte ri in ie ci Liii and the p oily in ik in g the clii in shall submit tuilher interim accounts, at reaso,iable intervals, giving the aectiiiiulaied ainiiiini of (he claim md lily Ii,iilier grounds upon which ii is based. [he puny making the claim shall siibiiiii a final account alter the end of the ci lecis resuliing 1mm the event or series of events ha.votic in llritinç of claim pursuant Ii paragraph is received on (lie seventh or sixth calendar day hefiire (lie expiry of the lien period provided by the lien legislation applicable at the I hwc oft/k link, ihe period within whuch AU/iLl lii Ii llwz of claim shall be received pursuant to naragraph 12.2 I shall be extended to two calendar (lays beibre the exphy of the lien period prov tied by (lie lien legi slit ion pp lie ib I e at the P/ace i?/the I I Ira Not/c, iii Ifriih4 of claim pursuant To parauraph 12.2,3.1 is received on the seventh or six(h calendar div bellire the e.pin of the lien period provided by the lien legishacioii applicable 01 tue P/ac?! lift flora, tile period wutiiii which Aol/n in JI),UnL ol claim shall he received pursuant to paragraplil2.2.l.1 shill be extended to two calendar days before the expiiy of the lien period provided by tile lien legislation applicable at the ) /ace o/ the IIo, k. CC 12.3 WARRANTY I Except for extended warranties as described in paragraph , the warranty period tinder the ( on/nw! is one year from (lie date of Aubslantuil / t r/orn:ancl oft/ic I [o, k The Contractor slid I be responsible for the proper perfiinnianee of (lie Pink to the exietii that the design and I mimic! /* icitint ills per in I s uchi p Cr in nil once. 2,3,3 The (liner, (hrough the ( onsuflaill, shall promptly give the G,,llracmor A otice in IJ ruur, of observed defects and deficiencies which occur during the one year warranty period Subject to pararapb , the ( onenwior shall correct promptly, at the ( on!ractor s expense, defects or deficiencies in the IFo, A which appear prior to and during the one year warranty period The Contractor dial I correct or pay or damage resulting I rom correct ions made under (he requiremenis of paragraph Any extended warranties required beyond the one year warranty period as described in paragraph , shall be as SpeC tied in (lie C onenic / Documents, Extended warranties slia II he issued by the warrantor to the hene fit of the (Inner. The on/rador s responsibility with respect (o extended warraniies shall he liniited to obtaining any such extended warranties from the warnuilor. IThe obligations under such extentied wai ranties are solely the responsibilities of the warrantor. ( ti K 2 2tlX FOe V ni Ibis,,rnlr)c is pnih cit J hi r pingbi L c, via I I 1t 1 ihomri,i n,( c niumo,nç a ( ( 7 )C 2, 1n ngbi vol rintci,tiik.c an ii,fr,n,ç i m, ni cfi iitg1,( 01 this ccrnirac! if,hc ih,cunrc,it i r pug, hair, a C 1 III 2 -upr, igh( cent in dc ni, na liaik thin it is,ntc,,/ei/ hr the poiu c in he an iccuratc un,! w&,,,iendal i c i\ iin of DC ein / tin tb,, ue,u that anj alie,uhnos. a,hhz,nns or,,,oth/icoiu ns a.st rfn,vh in supptcinenran loniliunna.

75 - CCDC Suito 400 Ottawa, Ont. KIP 5L7 (613) [is CANADIAN CONSTRUCTION I)OCUMENTS COMMITTEE Fox: (613) CC DC 41 ifli()(oc(do.(,rll CCDC INSURANCE REQUIREMENTS PUBLICATION DATE:.JANUARV 21, 2008 I. General liability insurance shall be with limits of not less than S5.000,000 per occurrence. an agregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by Ilk Form 2100 (including an extension lw a standard provinctl and territorial form of non owned atmtoinohile liability policy) and IB( Form To achieve the desired limit, umbrella or excess liability insurance may be used. Subjeel to satisfactory proof of financial capability by the C onhrai,n, the Vinier may acree to increase the deductible amounts. 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,001) inclusive per occurrence for bodily Injury, death and damage to properly, covering all vehicles owned or leased by the ( inline/or, Where the policy has been issued pursuant to a government operated automobile insuratice system. (lie ( mw-cior shall provide the Owner with confirmation ol automobile insurance coverage for all auloinobi les registered in t lie name of the C ontnictor. 3. Aircraft and watercralk liability insurance with respect to owned or non owned aircraft and watercraft (if used directly or indirectly in the performance of the flork), including use of additional premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury. death and damage to property including loss of use thereof and limits of not less than $5,000,000 for ai t craft passenger hazard. Such insurance shall he ii a l onn acceptable to the Owner. 4. Broad form property insui-ance shall have limits of not less than the sum of I - I times C c,n(rcwl I riee and the lull value, as staled in the (:onn aet, of Products and design services that are speci fled to he provided by the Owner for i ncorporatioti into the Work, with a dedtict i ble not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by 1W Forms 4042 and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfttctory proof of financial capability by the C oniruetor, the Owner may agree to increase the deductible ASSOtOIDO o{ Conodian amounts. Eng;neerng Companies 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the pcrtiianent or temporary boilers and pressure vessels, and other insurable objects forming part of the Pork. The insurance coverage shall not he less than the insurance provided by a comprehensive boiler and machinery policy. Cnnadion 6. Broad form contractors equiptnenl ilisurance coverage covering ( oiisn uction Lciui,nnt n( used by Const ctmor the Contractor for the performance of the If-irk, shall he in a form acceptable to the Owner and shall Asojatmcn not allow subrogation claims by the insurer against the Owner. Subject to salisfoctory proof of financial capability by the C win-actor 11w self insurance, the Owner may agree to waive the equipment insurance requirement. Consfrcion 7. Standard Exclusions SoenmLatons Canada 7.1 In addition to the broad tiwm properly exclusions identified in 1W forms 4042(1995), and 4047(2000). the Contractor is not required to provide the following insurance covernee: Asbestos Cyhcr Risk The Royal Mould Architectumol Terrorism Institute of Canada NWW.CC d c,org

76

77 <Project_Namen Amendments to CCDC Supplementary Conditions Daten Page 1 AMENDMENTS TO THE STIPULATED PRICE CONTRACT, CCDC2-200B The Standard Construction Document for Stipulated Price Contract, English version, consisting of the Agreement Between Owner and Contractor, Definitions, and General Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive, governing same is hereby made part of these Contract Documents, with the following amendments, additions and modifications: AGREEMENT BETWEEN OWNER AND CONTRACTOR SC 1 ARTICLE A-S PAYMENT 1.1 Amend paragraph 5.1.3, in the first line, by deleting the words the issuance of the and replacing them with receipt of the Consultant s ; 1.2 Delete paragraph and replace it with the following: Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or a court, interest shall also become due and payable on such unpaid amounts at 1% above the prime rate. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by Toronto Community Housing for prime business loans as it may change from time to time. SC 2 ARTICLE A-S RECEIPT AND ADDRESSES FOR NOTICES IN WRITING 2.1 Paragraph 6.1 delete and replace it with the following: 6.1 Notices in Writing between the parties or between them and the Consultant shall be considered to have been received by the addressee on the date of receipt if delivered by hand or by commercial courier or if sent during normal business hours by fax and addressed as set out below. Such Notices in Writing will be deemed to be received by the addressee on the next business day if sent by Iax after normal business hours or if sent by overnight commercial courier. Such Notices in Writing will be deemed to be received by the addressee on the fifth Working Day following the date of mailing, if sent by pre-paid registered post, when addressed as set out below. An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. SC 3 DEFINITIONS 3.1 Amend Definition 1, Change Directive, by adding the following to the end of that definition: The Consultant s standard form document shall be used. 3.2 Amend Definition 2, Change Order, by adding the following to the end of that definition: The Consultant s standard form documents for a proposed change notice and for a Change Order shall be used.

78 28, Act 31. Submittals 3.3 Amend Definition 9, Contractor by adding the following to the end of that 3.4 Amend Definition 12, Ownee, by adding the following to the end of that definition: Corporation. 3.5 Add a new Definition 28, Act, as follows: 3.6 Add a new Definition 30, OHSA, as follows: 3.7 Add a new Definition 31, Submittals, as follows: to read Hazardous Material. work is being conducted ). 29. Hazardous Materials OHSA means the Occupational Health and Safety Act (based on the The Owner is hereby identified as: Toronto Community Housing 10. OHSA waste (as defined in the Environmental Protection Act ( based on the amended from time to time (the EPA )), toxic substance (as defined in the hazardous substances is used in the Contract, it shall be deemed amended material risk or harm to human health. Whenever the terms toxic and holiday pay, health insurance, unemployment insurance, workers new Definition 29, Hazardous Material, as follows: Act means the Construction Lien Act R.S.O. 1990, CHAPTER C.30 Add a policy, programme or practice, including, but not limited to, vacation pay, Contractor, nor any employee, Subcontractor, Supplier or agent of the Contractor, shall hold themselves out as being or shall be construed to be natural environment is likely to cause in some immediate or foreseeable future time, material harm or degradation to the natural environment or CEPA )) dangerous goods (as defined in the Transportation of Dangerous definition: The Contractor acknowledges acting strictly as an independent contractor <Daten Page 2 Supplementary Conditions ((Project_Name) Amendments to CCDC under the law, and not as an employee of the Owner. Nothing in this partnership, or agency relationship between the parties for any purpose. The Suppliers and their respective employees will not be entitled to any benefits, Hazardous Materiar means, collectively, any contaminant, waste or subject Agreement will be deemed or construed to create a joint venture, employees or agents of the Owner. The Contractor, its Subcontractors, ils compensation insurance, and fringe benefit plan made available to employees of the Owner. respective provincial legislation or authority having jurisdiction ), as Goods Act (Canada) as amended from time to time ( TDGA )) or pollutant Canadian Environmental Protection Act, as amended from time to time (the (as defined in the EPA), or any other substance which when released to the respective provincial legislation or authority having jurisdiction where the

79 characteristics! before the portion of the Work that they represent can be incorporated into the Work; and - Shop Drawings! samples, models, mock-ups to indicate details or be provided by the Contractor, such as: Submittals are documents or items required by the Contract Documents to cdaten Page 3 inferable from them. by the Contractor in accordance with the Contract Documents or properly Products, Construction Equipment and other services necessary, complementary or ancillary, for the performance and completion of the Work The intent of the Contract Documents is to include the construction, labour, following: 4.1 Amend paragraph by replacing the first sentence of the paragraph with the SC4 GC 1.1 -CONTRACT DOCUMENTS paragraphs shall remain unchanged, and the numbering of the deleted item will be retained, unused. deleted by these Supplementary Conditions, the numbering of the remaining General Conditions or Where a General Condition or paragraph of the General Conditions of the Stipulated Price Contract is 2 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT Canada. WSIB means the Workplace Safety & Insurance Board for Ontario or the Workplace Safety Agencies in the respective provinces and territories of!33 WSIB 3.9 Add a new Definition 33, WSIB, as follows: Work has been completed in accordance with the requirements of the performed to the requirements of the Contract Documents and the Consultant has issued a written certificate to the Owner confirming that the applicable lien legislation in the jurisdiction of the Place of the Work Total Performance of the Work! means when the entire Work has been 32. Total Performance of the Work 3.8 Add a new Definition 32! Total Performance of the Work!!, as follows: and maintenance of the Work.!! - Record Drawings and manuals to provide instructions to the operation Supplementary Conditions Project_Namen Amendments to CCDC2 2008

80 would have discovered. The costs, expenses and time of all of the Work and which a contractor using the Standard of Care assume all risk of conditions now existing or arising in the course changes in indicated locations and arrangements, the Contractor shall make take precedence over graphic indications in the Contract documents provided by the Owner and it has satisfied itself as to to conserve as much headroom and space as possible. The schedules are STANDARD OF CARE, it has examined the Place of the Work and The Contractor represents and warrants that, using the GC3.14 responsibility on the Consultant to settle disputes among the Subcontractors but shall be read as a whole and neither such division nor anything else information about the locations, arrangement and sizes from study and familiar with conditions and spaces affecting these matters before The Specifications are divided into divisions and sections for convenience 4.2 Add the following to the end of paragraph 1.1.6: ((Date)) Page 4 follows: Drawings, tables and/or lists. 4,3 Amendparagraph with respecttodivisionl, sothat, asamended, itreads: 4.4 Add new paragraph : In case of discrepancies, noted materials and annotations shall 4.5 Add new paragraph 1.5 EXAMINATION OF THE PLACE OF THE WORK as Division 01 shall govern over any general requirements of other divisions of relocation, the Contractor shall include such relocation in the Work. The Supplementary Conditions ((Project_Name)) Amendments to CCDC and Suppliers in respect to such divisions. The Drawings are, in part, diagrammatic and are intended to convey the scope of the Work and indicate coordination of the Drawings, including shop Drawings and shall become contained in the Contract Documents will be construed to place general and approprate locations, arrangement and sizes of fixtures, equipment and outlets. The Contractor shall obtain more accurate proceeding with the Work. Where site conditions require reasonable minor such changes at no additional cost to the Owner. Similarly, where known Contractor shall arrange and install fixtures and equipment in such a way as that portion of the Contract Documents wherever located and whenever issued, compiling information of similar content and may consist of Standard of Care, the Contractor has assumed and does hereby information affecting the Work, or that, not having used the the Specifications in the project manual, conditions or existing conditions interfere with new installation and require Documents. the scope and character of the Work, all conditions and surrounding area and the Contract Documents and other conditions referred to in this paragraph form part of the Contract Price and the Contract Time.

81 5.2 Amend paragraph by adding the following to the end of that paragraph: 5.1 Amend paragraph by deleting the words Except with respect to GC 5.1 SC 5 GC 2.2- ROLE OF THE CONSULTANT ((Date)) Page 5 FINANCING INFORMATION REQUIRED OF THE OWNER. Contractor, the consultant after notification to the Consultant requesting a Consultant may be deducted from amounts payable to the subsequent visit, the cost of any such unnecessary visit by the review or inspection and the Consultant is required to make a Where the Contractor is not prepared for a review or inspection by 6.2 Add a new paragraph as follows: in line one. Consultant in line one, Further amend the paragraph by deleting the word two 6.1 Amend paragraph by adding the words and the Owner after the word SC 6 GC 2.3- REVIEW AND INSPECTION OF THE WORK services. The Contractor shall include this provision in any contracts it makes with its Subcontractors, Suppliers and others sub-suppliers and others. include the same term in their contracts with sub-subcontractors, and shall require such Subcontractors, Suppliers and others to of the performance or non-performance of the Consultant s third party shall have any claim against the Consultant as a result Neither the Contractor nor any Subcontractor, Supplier or other 5.3 Add new paragraph as follows: Working Days of receipt of such additional information, provide the contractor needs additional information to determine whether a contract Time. Failure to provide written notification within the time within five(s) Working Days of receipt of a Supplemental instruction provide adjustment in the contract Price or the contract Time, the Contractor shall, the consultant with a written notice to that effect. In the event that the Contract Time, the Contractor may issue a written request to the Consultant Supplemental Instruction involves an adjustment of the Contract Price or the seeking such additional information. The Contractor shall, within five (5) Consultant with a written notice if, in the opinion of the contractor, the stipulated in this paragraph shall be deemed an acceptance of the Contract Price or Contract Time. Supplemental Instruction involves an adjustment in the Contract Price or the Supplemental Instruction by the Contractor without adjustment in the If, in the opinion of the Contractor, the Supplemental Instruction involves an Supplementary Conditions Project_Namen Amendments to CCDC2 2008

82 located at the Place of the Work or any associated lands, required or necessary with respect to providing the Work. SC 8 GC CONTROL OF THE WORK and the Consultant! all defective Work and deficiencies throughout day to day operation of the Owner. loss of, or damage to, the Contractor s materials or equipment Consultant in the first line The Contractor agrees that the Owner shall not be liable for any which, in the sole discretion of the Owner, adversely affects the 7.2 Amend paragraph by adding the words and the Owner after the word The Contractor shall prioritize the correction of any defective Work Consultant. the Work, whether or not they are specifically identified by the the Work, all relevant measurements and levels necessary for Where dimensions are not included or exact locations are not before proceeding with any part of the affected Work. in writing and obtain written instructions from the Consultant apparent, the Contractor shall immediately notify the Consultant Work and shall further carefully compare such field measurements proper and complete fabrication, assembly and installation of the construction activities, the Contractor shall verify, at the Place of and conditions with the requirements of the Contract Documents The Contractor shall rectify, in a manner acceptable to the Owner Prior to commencing individual procurement, fabrication and 7.1 Add new paragraphs and : 8.1 Add new paragraphs to 3.1.6: SC 7 GC 2.4- DEFECTIVE WORK Date Page 6 engaged with or acting on behalf of the Owner, which can be representatives, that it has all training licenses and certifications The Contractor, its Subcontractors and Suppliers and their provided to the Contractor upon request The Contractor represents and warrants that, on behalf of the similar requirements, including policies of the Owner while applicable legislated or company rules, regulations, codes or other respective employees and agents are required to comply with all Owner. properties, facilities or buildings belonging to or managed by the Contractor and each of its agents, employees, Subcontractors and Supplementary Conditions uproject_namen Amendments to CCDC2 2008

83 9.2 Paragraph delete in its entirety and substitute intentionally left blank. 9.3 Delete paragraph and replace it with the following: 9.1 Paragraph , delete in its entirety and substitute intentionally left blank. SC 9 GC 3.2- CONSTRUCTION BY OWNER OR OTHER CONTRACTORS udaten Page 7 with the Contractor s recommendation for avoiding such result. believes a warranty or a warranties will be compromised together Where the Contractor believes that the work of other contractors warranties to be provided pursuant to this Contract, it shall and include in such notice the reasons why the Contractor promptly give Notice in Writing to the Consultant and the Owner or of the Owners own forces may compromise any of the person failing to comply from the Place of the Work. condition. Furthermore the Contractor and shall remove any unsafe work and instruct the party responsible to cure the Until Total Performance of the Work, the Contractor shall stop any responsibilities of constructor, prime contractor, principal contractor, or similar applicable term in the province or territory of the Project as well as the duties and responsibilities of the the Project all of which is within the meaning of the occupational health and safety legislation applicable to the Project, with respect the Work until Total Performance of the Work. responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of to the Project, until the Project is completed Furthermore, be employer or similar applicable term in the province or territory of for compliance with all aspects of the applicable health and safety own forces and for other contractors, assume overall responsibility Subject to GC 9.4 CONSTRUCTION SAFETY, for the Owner s legislation in the Place of the Work, including all of the 9.5 Add new paragraphs to : discoverable; and Dwner by reason of the deficiencies in the work of other contractors or Failure by the Contractor to report shall invalidate any claims against the Owner s own forces except for those deficiencies not then reasonably 9.4 Amend paragraph by adding the following to the end of that paragraph: Documents; Contractor and connect as specified or shown in the contract contractors and Owner s own forces with the Work of the Coordinate and schedule the actfvities and work of other Supplementary Conditions ((Project_Name ) Amendments to CCDC2 2008

84 schedule approved by the Owner; cdate,, PageS such review and report the result, the Contractor does not assume inconsistencies, or omissions in the Contract Documents, which under the Construction Schedule or any successor or revised omission the Contractor may discover. Such review by the GC3.14 STANDARD OF CARE. Except for its obligation to make Neither the Owner nor the Consultant will be held liable for instructions that are not written. Owner and the Consultant for their approval a Construction scheduling program which is the most current version of MS performed in conformity wfth the Contract Time, The Contractor Construction Equipment, as are necessary to maintain progress 3,5.1.2 provide the expertise and resources, including manpower and 10.2 Add new paragraph 3.4.2: Seven (7) calendar days prior to site mobilization, submit to the 11.2 Delete paragraph and replace ft with the following: 11.1 Delete paragraph 3,5.1.1 and replace it with the following: Consultant, who will provide written instructions or explanations. of any part thereof, the Contractor must immediately notify the liable for damage or costs resulting from such errors, accuracy of the Contract Documents. The Contractor shall not be Contractor shalt comply with the standard of care described in the Contractor could not reasonably have discovered. If the Contractor does discover any error, inconsistency or omission in Contract Documents or has any doubt as to the meaning or intent report promptly to the Consultant any error, inconsistency or any responsibility to the Owner or to the Consultant for the the Contract Documents, the Contractor shall not proceed with the missing information from the Consultant The Contractor shall review the Contract Documents and shall 10.1 Delete paragraph in its entirety and substitute new paragraph 3.4.1: SC 10 OC 3.4- DOCUMENT REVIEW SC 11 OC 3.5-CONSTRUCTION SCHEDULE shall provide the schedule information required by this paragraph in both electronic format and hard copy; Project or Primavera, to demonstrate that the Work will be Schedule indicating critical milestone dates for the Project using a Work, including the responsibilities of the constructor under OHSA. Work affected until the Contractor has received corrected or aspects of the applicable health and safety legislation of the Place of the assume overall responsibility for compliance with OHSA and all other For other contractors and the Owners own forces, the Contractor shall lithe Contractor finds discrepancies in and/or omissions from the 9,6 Amend paragraph by adding the following to the end of that paragraph: Supplementary Conditions uproject_name Amendments to CCDC2 2008

85 schedule or any other schedule: and monitor the progress of the Work relative to the construction Consultant by Notice in Writing of any slippage in the construction Owner, update the schedule on a monthly basis, and advise the schedule, or any successor or revised schedule approved by the Delete paragraph and replace it with the following: Daten Page 9 to the proposed successor representative, the Place or Places of the Work while Work is being performed. Consultant in acting reasonably) and the Consultant has agreed appoint competent representatives who shall be in attendance at Contractor has obtained the written consent of the Consultant (the changed except for valid reasons, and then only where the The Contractors appointed representative(s) shall not be The Contractor shall provide all necessary supervision and 12.1 Delete paragraph in its entirety and substitute new paragraph 3,6.1: SC 12 OC 3.6- SUPERVISION pursuant to PART 6 CHANGES IN THE WORK. conform to the schedule and shall produce and present to the relation to a schedule recovery plan, the Contractor shall proceed Consultant pursuant to 3.5.1,3, the Contractor shall take Owner and the Consultant a recovery plan demonstrating how the Contractor will achieve the recovery of the schedule. If the Contractor intends to apply for a change in the Contract Price in appropriate steps to cause the actual progress of the Work to if the Contractor has given notice of such to the Owner or the become behind schedule, based on critical path methodology, or the actual progress of the Work is behind schedule or is likely to II at any time it should appear to the Owner or the Consultant that Add new paragraph 3.5.3: Owner and the Consultant a two (2) week look-ahead schedule such two (2) week period. without the prior written consent of the Owner. In addition, at each indicating the major activities to be undertaken or constructed in 3.5, the Contractor shall not amend the construction schedule Without limiting the other obligations of the Contractor under GC site construction meeting, the Contractor shall provide to the 11.4 Add a new paragraph as follows: cannot be recovered by the Contractor, it shall, in the same notice slippage in the construction schedule or any other schedule Contractor intends to apply for an extension of Contract Time. paragraph , the Contractor forms the opinion that the If after applying the expertise and resources required under provided under paragraph , indicate to the Consultant if the 11.3 Add a new paragraph as follows: Supplementary Conditions Project_Name Amendments to CCDC2 2008

86 12.2 Add new paragraph 3.6.3: written approval of the Owner, which approval will not be 13.2 Add a new paragraph and as follows: 14.2 Delete paragraph and replace it with the following: ten percent (10%) to the value of the assigned contract. at all times while on the Owner s property. When required, the number). All Owner provided badges will be returned to the Owner Contract, the at the beginning of the paragraph. Further amend paragraph removal from the Place of the Work. by any third party which may subject any of the Products to seizure and/or agrees to accept, any contract procured by the Owner for work or sales contracts and are not subject to any security rights claimed or obtained acceptance for any contract procured by the Owner, the accordance with the Conlract Documents are not subject to any conditional SC 14 GC 3.8- LABOUR AND PRODUCTS required Owner identification badges and properly displayed them tendered or pre-negotiated by the Owner. As part of its unreasonably withheld. services or Products required on the Project that has been pre The Contractor agrees not to change Subcontractors without prior 13.1 Delete paragraph in its enttrety and substitute new paragraph 3.7.2: SC 13 GC 3.7- SUBCONTRACTORS AND SUPPLIERS The Owner may assign to the Contractor, and the Contractor the opinion of the Owner, are a detriment to the Project. The Contractor represents and warrants that the Products provided in by adding the following sentence at the end of that paragraph: 14.1 Amend paragraph by adding the words Unless otherwise specified in the immediately upon completion of the Contract. The Contractor shall appropriately branded and carry the correct markings including employee of the Contractor, Subcontractors or Suppliers who, in Contractor shall be entitled to apply a mark-up of no more than employees, Subcontractors and representatives will carry the Contractor to remove from the Project any representative or Contractor will also ensure Contractor vehicles will be the Contractor s name and registration numbers (e.g., TSSA The Owner acting reasonably shall have the right to order the The Contractor agrees and confirms that all Contractor agents. be financially responsible for all lost or unreturned badges. Supplementary Conditions tdaten Page 10 Project_Name)) Amendments to CCDC2 2008

87 Canadian Standards Board or General Standards Board, ASTM, applicable specifications of the Canadian Standards Association, governmental authorities having jurisdiction at the Place of the National Building Code, (based on the respective provincial legislation or authority having jurisdiction Building ) Code and all Products provided shall be new and shall conform to all current cdaten Page 11 sole expense of the Contractor. Any part of the Work that is the the provisions of any collective agreements by which the Owner labour affiliation, or lack thereof, is incompatible with other labour employed in connection with the Work. Any costs arising from employer also bound by such agreement. is bound, shall in each such case be performed only by an work of union members represented by the union Locals under by the Contractor, its Subcontractors or Suppliers, shall be the labour disputes as a result of the employment of any such person The Contractor shall not employ any persons on the Work whose Owner and other Contractors to be installed under the Contract) the Products to be supplied by the Owner, Products and their protection (including Products supplied by the the Place of the Work to the satisfaction of the Owner and the Consultant. The Owner shall provide all relevant information on to the Products or other persons or property and in locations at in such ways as to avoid dangerous conditions or contamination The Contractor is responsible for the safe on-site storage of 14.4 Add new paragraphs to as follows: Suppliers after the word employees toward the end of the first line Amend paragraph by adding the words agents, Subcontractors and Contractor. whatsoever, and such Products shall be at the sole risk of the their use acceplable to the Consultant. Products brought on to specified shall be of a quality consistent with those specified and the Place of the Work by the Contractor shall be deemed to be the property of the Owner, but the Owner shall be under no liability for loss thereof or damage thereto arising from any cause Work, unless otherwise specified. Products which are not Supplementary Conditions cproject_namen Amendments to CCDC2 2008

88 SC 15 GC 3.9-DOCUMENTS AT THE SITE SC 16 GC SHOP DRAWINGS 16.2 Add and Submittals after the words Shop Drawings in clauses , , 16.4 Delete subparagraph in its entirety and substitute new subparagraph : the Contractor has determined and correlated the field and field construction conditions, Product requirements, catalogue information related to the carbon footprint of this aspect of their having jurisdiction) and records of meetings at the Place of the Prior to the first application for payment, the Contractor and the building requirements if the Contractor is providing Work to a 16.3 Delete paragraph 3.10,3 in its entirety and substitute new paragraph : 15.1 Delete paragraph in its entirety and substitute new paragraph 3.9.1: 16.1 Add the words AND OTHER SUBMIHALS to the Title after SHOP DRAWINGS. the Owner s environmental policy, and abide by LEED or BOMA Owner! the Contractor shall provide the Work in accordance with LEED or BOMA certified property. Work, in good order and available to the Owner and Consultant. 391 The Contractor shall keep one copy of the current Contract including, without limitation, using environmentally friendly the discharge of its duties under and pursuant to this agreement, materials and/or processes consistent with prudent industry practices. The Contractor shall consider the energy intensity of its environmental laws and regulations! including without limitation any waste, recycling, electric and electronic equipment regulations. The Contractor shall use Eco-logo or green products products and services, in the event that the Owner requests such Documents, Supplemental Instructions, Contemplated Change Orders, Change Orders, Change Directives, Cash Allowance Submittals, reports (including any reports or orders by authorities The Contractor shall give due consideration to the environment in , , , , , and ((Date)> Page 12 Supplementary Conditions uproject_namen Amendments to CC0C measurements with the Shop Drawings and any Submittals and business. The Contractor will comply with all applicable whenever commercially available. To the extent required by the Disbursement Authorizations, reviewed Shop Drawings, Consultant shall jointly prepare a schedule of the dates for numbers and similar data, or will do so if not possible at that time, submission and return of Shop Drawings and any Submittals.

89 promptness. If, for any reason, the Consultant cannot process , or, in the absence of such schedule, with reasonable 3,10.12 The Consultant will review and return Shop Drawings and Submittals in accordance with the schedule agreed upon in 16.5 Delete paragraph in its entirety and substitute new paragraph : Daten Page 13 experienced;.1 The personnel it assigns to the Project are appropriately The Contractor further represents, covenants and warrants to the Owner that: which it may recommend to the Owner. that would normally be provided by an experienced and prudent Contract, the Contractor s obligations, duties and responsibilities diligence in respect of any Products, personnel, or procedures Contractor shall exercise a standard of care, skill and diligence Contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contractor shall exercise the same standard of due care and shall be interpreted in accordance with this standard. The In performing its services and obligations under the Contract, the CC 3.14 STANDARD OF CARE 18.1 Add new General Condition 3.14 as follows: SC 18 GC3.14 STANDARDOFCARE Upon completion of the Work, the Contractor shall remove from the Place of the Work products, tools, construction machinery, and debris and other items and charge the Contractor the full cost of such removal including an overhead charge of 15%. obligations under this paragraph, the Owner may remove the equipment brought onto the Place of the Work by Contractor or its Subcontractors. If the Contractor fails to comply with its diversion from landfill for any and all waste generated by the Work. of the Work the Contractor shall in accordance with accepted From the commencement of the Work until the Total Performance industry practices and using reasonable efforts maximum waste 17.1 Add new paragraph and as follows: SC 17 CC 3.13 CLEANUP Time may be made only as provided in the Contract. and Submittals schedule to correspond to changes in the construction schedule. Changes in the Contract Price or Contract for processing. The Contractor shall update the Shop Drawings shall meet to review and arrive at an acceptable revised schedule promptness, the Consultant shall notify the Contractor and they them within the agreed-upon schedule or with reasonable Supplementary Conditions ((Project_Name Amendments to CCDC2 2008

90 the Work, or where the Project involves Work that is adjacent to a and parking areas other than those designated by the Owner. facilities including, without limitation, lavatories, toilets, entrances utilities, to suppress dust and noise, to avoid conditions likely to not permit any Worker or Subcontractors to use any existing manager. subjec to the Owners approval, in the event of structures. Without Owner s prior approval, the Contractor shall buildings which will be in use or be occupied during the course of comfort of the users and occupants of such structures or adjacent Where the Project contemplates Work by way of renovations in OC 3.15 OCCUPANCY OF THE WORK: SC 19 GC OCCUPANCY OF THE WORK that would have a material effect on the financial ability of.3 There are no pending, threatened or anticipated claims personnel to replace its designated supervisor and project reasonably necessary to promote and maintain the safety and propagate mould or fungus of any kind, and all other steps all reasonable steps to avoid interference with fire exits, building any way limiting its responsibilities under this Contract, shall take.2 It has a sufficient staff of qualified and competent 19.1 Add a new General Condition 3.15 as follows: ccdaten Page 14 Supplementary Conditions access and egress, continuity of electric power and all other <iproject_namen Amendments to CCDC death, incapacity, removal or resignation; and the Contractor to perform its Work under the Contract. structure which is in use or is occupied, the Contractor, without in

91 SYSTEMS GC 3.16 CONTRACTOR S USE OF PERMANENT EQUIPMENT OR 20.1 Add a new General condition 3.16 as follows; SC 20 GC 3.16 CONTRACTOR S USE OF PERMANENT EQUIPMENT OR SYSTEMS ((Date)) Page Delete GC 5.1 in its entirety and replace it with Intentionally left blank. SC 22 GC FINANCING INFORMATION REQUIRED OF THE OWNER allowances. competitive bids for portions of the Work, to be paid for from cash The Owner reserves the right to call, or to have the Contractor call, 21.3 Add new paragraph 4.1.8: from the Contract Price by Change Order The unexpended total cash allowance amount shall be deducted 21.2 Delete paragraph in its entirety and substitute new paragraph 4.1.5: with no mark up. Owner s written approval or reimbursement supporting document Where costs under a cash allowance exceed the amount of the shortfall. Any payment draw from Cash Allowance will need shall be reallocated at the Consultant s direction to cover the allowance, unexpended amounts from other cash allowances 21.1 Delete paragraph in its entirety and substitute new paragraph 4.1.4; SC 21 Gc CASH ALLOWANCES of the Contractor s use of such systems or equipment. or equipment begins on the date of Substantial Performance of permanent part of the Work, as described in paragraph mechanical and electrical systems or equipment comprising a 3,16.2 Where the Contractor has made use of elements of the above, the contractor shall obtain, from the manufacturer or Supplier of the systems or equipment used, a confirmation from the Work and is not impaired in scope or reduced in time by virtue such manufacturer or Supplier that the warranty on such systems to use. The Contractor shall pay any and all costs associated with contractor shall clean and make good, to the satisfaction of the stages of conslruction. In such event, and before the issuance of purpose of providing heat or power to the Project during the final make use of elements of the mechanical and electrical systems or equipment comprising a permanent part of the Work for the the certificate of Substantial Performance of the Work, the such use, cleaning and making good. Consultant, such systems and equipment as it had been permitted WF, the prior written approval of the Owner, the Contractor may Supplementary Conditions ((Project_Name)) Amendments to CCDC2 2008

92 value-added-taxes, goods and services taxes, property taxes or Detailed backup documentation to support amounts claimed on applications including, without limitation federal, provincial and local taxes, provide invoices in an electronic format, either scanned or in a data file 23.2 Add to the end of paragraph the following new sentences: 23.3 Add to the end of paragraph the following new sentence: The Contractor shall submit WSIS Clearance Certificate, with Drawings which shall consist of the Drawings and Specifications withholdings or similar charges, whether domestic or foreign, The Contractor shall submit, with each application for progress The Contractor assumes liability for any and all taxes, fees, duties, Any Products delivered to the Place of the Work but not yet incorporated as the Contractor is able to furnish valid backup supporting documentation. payments for applications for payment received by the Owner until such time must include the Purchase Order number. If requested, the Contractor will detailed, itemized statement of all charges for which payment is sought, and and other claims of third parties. Applications for payment shall include a suitable for the Owner s use. Work unless the Products are free and clear of all security interests, liens, for payment may be requested by the Owner at anytime. Failure to provide into the Work shall remain at the risk of the Contractor notwithstanding that for the value of the as-built Drawings not presented for review. The Consultant reserves the right to retain a reasonable amount payment after the first, a Statutory Declaration, on an original form 23.4 Add new paragraphs 5.2.Bto : The Contractor shall prepare and maintain current as-built revised by the Contractor during the Work, showing changes to each application for progress payment. by the current application. made to the end of the period immediately preceding that covered No amount claimed shall include Products delivered to the Place of the with the Work, as noted in the Statutory Declaration, have been 23.1 Amend paragraph by adding the following to the end of that paragraph: title has passed to the Owner pursuant to GC 13.1 OWNERSHIP OF MATERIALS. of CCDC Document 9A-2001, stating that payments in connection SC 23 GC5.2 - APPLICATIONS FOR PROGRESS PAYMENT sufficient backup documentation may result in a delay or refusal to make shall be maintained by the Contractor and made available to the Page 16 Supplementary Conditions ((Project_Name)) Amendments to CCDC the Drawings and Specifications, which current as-built Drawings Consultant for review with each application for progress payment. other governmental charges. Taxes must be separately stated on the related application for payment.

93 SC 24 GC 5.3- PROGRESS PAYMENT 60 days after the date of a certificate of payment issued by the provided in Article A-5 of theagreement PAYMENT no later than The Owner shall make payment to the Contractor on account as 24.1 Delete paragraph in its entirety and substitute new subparagraph : Page 17 requirement of the Act in the Place of the Work, the Owner shall publish such notice and the publication of the notice is a publishing a copy of the Certificate of Substantial Performance. publication to the Consultant and Owner, lithe Contractor fails to As applicable the Contractor shall provide suitable evidence of the in the jurisdiction of the Place of the Work with respect to The Contractor shall conform to all requirements of theact in force 25.2 Add new paragraphs 5.4.4, and 5.4.6: and correcting deficient Work. Consultant, shall establish reasonable dates for finishing the Work Performance of the Work, the Contractor, in consultation with the Immediately following the issuance of the certificate of Substantial 25.1 Delete paragraph in its entirety and substitute new paragraph 5.4.3: SC 25 GC 5.4- SUBSTANTIAL PERFORMANCE OF THE WORK liens by the Contractor or by any Subcontractor. of any part of this Agreement, or to the Owner discharging any Owner, including compensation for any breach by the Contractor to the Contractor, any sum or sums owing by Contractor to the The Owner may deduct from any amounts due or to become due Upon the mutual agreement of the Contractor and the Owner, the Owner may make payments to the Contractor using etectronic funds transfer (EFT). in whole or in part from the Contractor s non-payment of its WSIR tosses, costs, claims or damages incurred by the Owner resulting to the Contractor an amount sufficient to cover any liability which compliance with GC 10.4 Owner shall be entitled to deduct from amounts otherwise payable Notwithstanding the foregoing, the Contractor acknowledges that statutory declaration or to demonstrate compliance with GC payment of its WSIR premiums is the Contractor s responsibility alone and Vendor hereby agrees to indemnify the Owner for any premiums. WORKERS it might incur as a result of the Contractor s failure to provide a COMPENSATION, the by paragraph 5.2.8, or if the Contractor fails to demonstrate If the Contractor fails to provide a statutory declaration as required 24.2 Add a new paragraphs to as follows: was delivered. applications submitted more than 180 days after the date the Work consultant. Absolutely no payments will be issued for Supplementary Conditions Project_Name Amendments to CCDC2 2008

94 it. be at liberty to publish and back charge the Contractor its Where possible the Contractor shall submit these items prior to under the Contract, together with written proof acceptable to the Halocarbon Regulation (2003), government and utilities authorities having juristhction. the submission of its application for Substantial Performance of the Work: and other materials or documentation required to be submitted Owner and the Consultant that the Work has been substantially performed in conformance with the requirements of municipal, declaration that no written notices of lien have been received by Submit a written request for release of holdback including a to reject the Contractor s application for Substantial Performance 26.1 Add new paragraphs , and : SC 26 GC PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK.10 logs and reports related to compliance with the Federal.12 List of outstanding work and deficiency list. of the Work. conformance with the Contract shall be grounds for the Consultant.5 distribution system diagrams,.8 commissioning documents and manuals,.2 warranties,.3 certificates,.4 testing and balancing reports,.6 spare parts,.9 waste audit reporting,.1 guarantees, of the Work, the Owner, the Consuttant and the Contractor shall.7 maintenance manuals, As part of the Contractors application for Substantial performance Failure to submit alt the forgoing material and documentation in reasonable costs for doing so. agree to a final schedule for the provision of the following items. Date Page equipment lists, Supplementary Conditions ccproject_name Amendments to CCOC2 2008

95 ccproject_namen Amendments to CCDC Supplementary Conditions ((Date Page Submit a Statutory Declaration CCDC 9A Submit WSIB Clearance Certificate Delete from line 1 of paragraph 5.5.2, the words, the statement and substitute the words the documents Delete paragraph in its entirety. SC 27 GC 5.6- PROGRESSIVE RELEASE OF HOLDBACK 27.1 Delete GC 5.6 in its entirety SC 28 GC 5.7- FINAL PAYMENT 28.1 Delete paragraph in its entirety and substitute new paragraph 5.7.1: When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. The Contractor s application for final payment shall be accompanied by any documents or materials not yet delivered pursuant to paragraph 5.4,5 together with complete as-built Drawings. Should the Contractor fail to deliver any of the foregoing documents, the Owner shall be at liberty to withhold from amounts otherwise payable to the Contractor, the sum of Ten Thousand Dollars ($10,000) as security for the obligation of the Contractor to deliver the undelivered documents Delete from the first line of paragraph the words, calendar days and substitute the words Working Days Amend paragraph 5.7.4, in the second line, by removing the number 5 and substitute the number Add new paragraph 5.7.5: As additional requirements for release of finishing construction lien holdback, the Contractor shall submit the following documentation:.1 Contractor s written request for release of holdback, including a declaration that no written notices of lien have been received by it..2 Contractor s Statutory Declaration CCDC 9A Contractor s WSIB Clearance Certificate.

96 ((Project_Name)) Amendments to CCDC Supplementary Conditions ((Daten Page 20 SC 29 GC6.1 OWNER S RIGHT TO MAKE CHANGES 29.1 Amend paragraph by adding the following to the end of that paragraph: This requirement is of the essence and it is the express intention of the parties that any claims by the Contractor for a change in the Contract Price and/or Contract Time shall be barred unless there has been strict compliance with PART 6 CHANGES IN THE WORK. No course of conduct or dealing between the parties, no express or implied acceptance of alterations or additions to the Work, and no claims that the Owner has been unjustly enriched by any alteration or addition to the Work, whether in fact there has been any such unjust enrichment or not, shall be the basis of a claim for additional payment under this Contract or a claim for any extension of the Contract Time. SC 30 GC 6.2- CHANGE ORDER 30.1 Add new paragraphs 6.2.3, and as follows: The value of a change shall be determined in one or more of the following methods as directed by the Consultant:.1 by estimate and acceptance of a lump sum..2 by unit prices established in the Contract or subsequently agreed upon. Unit Prices shall include overhead, profit, and other reasonable charges of the Contractor and shall be the total cost to the Owner. Adjustment to the Contract Price shall be based on a net quantity difference from the original quantity..3 by actual credits and cost to the Owner. Where additional work is required, the cost to the Owner shall be the actual cost plus the following percentage fee for overhead and profit, percentage covering overhead and profit, after all credits, included in the change, have been deducted; (Note: overhead is also deemed to include supervision, bonds, insurance, clean-up, and temporary facilities): (a) On Work performed by the Contractor s own forces, the Contractor may charge a maximum of 5% combined percentagefor overhead and profit; (b) On Work performed by Subcontractors, the subcontractors may charge a maximum of 10% combined percentage for overhead and profit. The Contractor may charge a maximum of 5% combined percentage for overhead and profit of work performed by the Subcontractors,

97 Project_Namen Amendments to CCDC Supplementary Conditions Daten Page 21.4 mark-ups may be subject to further negotiation The mark-ups in include all supervision, items, general clean-up, small tools, as-built drawings and job safety to perform the Additional banding is excluded from the ups but may be included a cost, using the value far bonding by the Contractor in its bid to the Owner, otherwise by the parties. necessary agreed change. described paragraph general account as cost necessary unless declared mark SC 31 GC 6.3- CHANGE DIRECTIVE 31.1 Delete paragraph and replace it with the following: The Contractor s mark-up shall be as described in paragraphs and 31.2 Delete following: paragraph the introductory language and replace it with the.1 salaries, wages and benefits paid to employ of the applying the labour in the Contract Documents or between the Owner Contractor for wage schedule contractor, and personnel rates as personnel... in the direct set out in the otherwise agreed 31.3 Delete paragraphs (1), (2), (3) and (4) and replace them with the following: (1) carrying out the Work, including (2) intentionally left blank; necessary supervisory services; (3) engaged in the preparation of Shop Drawings, fabrication drawings, coordination drawings Project record drawings: or... and (4) including clerical staff Work. engaged in processing changes in the 31.4 Add new paragraph as follows: Without limitation, cost of performing the work attributable to the Directive will not include: Change the.1 head office and benefits and all other or general only for the and benefits of in and the contributions, or referred to in ; paragraphs salaries expenses, except personnel described assessments overhead salaries, wages paragraph taxes.2 capital expenses and interest on capital;.3 general clean-up, where the performance of the work in the Directive specific additional clean-up requirements; change except causes

98 The Contractor confirms that, prior to tendering for the Project, it.10.1 the nature and location of the Work; the legal fees unless any such costs or fees are pre-approved may have an impact on the execution of the Work; the rates that are standard in the locality of the Place of.5 wages, salaries, rentals, or other expenses that exceed.6 any costs or expenses attributable to the negligence, fully investigated the Place of the Work. In that investigation, the.2 the character and contenl of the Work to be done; utility which might affect the Work;.5 the character and content of the scope of the Work to be.7 the equipment and facilities needed for the on-time.8 all labour restrictions including availability of skilled.9 safety hazards and labour contract negotiations which paragraph To the extent that such investigation permits, 32.1 Delete paragraph and replace it with the following: SC 32 OC 6.4- CONCEALED OR UNKNOWN CONDITIONS in writing by the Owner..4 wages paid for field supervision of Subcontractors;.7 any cost of quality assurance, such as inspection and.3 the results and improvements once the Work is.4 the nature and confirmation of all conditions of the Place.6 the proximity and special arrangement of all existing of the Work, including soil conditions and the location of cdaten Page 22 Supplementary Conditions 4cProject_Namen Amendments to CCDC Consultant; improper work, deficiencies, or breaches of Contract by the Contractor or Subcontractor; and testing services, charges levied by authorities, and any the Work that are otherwise deemed unreasonable by the Contractor applied the degree of care and skill described in completed; the Work; the Contractor has satisfied itself as to: done by other Contractors and the Owner equipment and facilities which may affect the execution of trades; execution and completion of the Work; location of any required utility or service;

99 Project_Name Amendments to ccflaten CCDC Supplementary Conditions Page without limiting the generahty of the foregoing, any condition or which may affect the conduct of the Work. circumstance If the Contractor not such careful investigation, it is to all risk of conditions or now existing or arising in the of the Work which could make the Work more or more difficult to perform than at the time the Contract was executed. No claim by the Contractor will be in connection with conditions which could have by an investigation or other diligence prior to execution of the Contract. deemed contemplated has assume expensive conducted course entertained reasonably due been ascertained undertaken circumstances was 32.2 Amend paragraph by adding a new first sentence which reads as follows: Having regard to 6.4.1, if the Contractor believes that the conditions of the Place of the Work differ materially from anticipated, or differ materially from indicated in the Contract Documents, or were from discovery notwithstanding the conduct of the investigation in 6.4.1, it shall notify the Owner and Consultant in writing no later than five (5) Working Days after the first observation of such conditions. paragraph concealed described second sentence conduct paragraph those 32.3 Amend the existing of 6,4.2, in the following the word materially, by adding the words or were discovery notwithstanding the of the investigation in paragraph those reasonably second concealed described line, from paragraph 32.4 Delete paragraph and substitute the following: If the Consultant makes a finding to that no in the Contract Price or Contract Time is justified, the Consultant shall report in writing the for this finding to Owner and the Contractor. change pursuant reasons paragraph the SC33 GC6.5-DELAYS 33.1 Delete the period at the end of and and the following words in, but excluding any indirect or special damages. each case paragraphs consequential, substitute 33.2 Amend by adding the words which the Contractor could not have avoided or mitigated through diligence immediately after the word lock-outs in line one. Further by adding the following to the end of that paragraph: paragraph reasonable amend paragraph in which the Contractor shall be reimbursed by the Owner for direct directly flowing from the delay but excluding any consequential, indirect or special and any claims for loss of profit or opportunity. reasonable case costs damages,

100 33.3 Add new paragraphs 6.5.6, 6,5.7, and 6.5.9: 6.5.1, or In the event of such suspension, the or If the Contractor is delayed in the performance of the Work by an which the Contractor is entitled pursuant to paragraphs 6.5.1, such reasonable time as the Consultant may decide in costs incurred by the Contractor for such care, maintenance and personnel. The Contractor s entitlement to costs pursuant to this paragraph 6.5.7, if any, shall be in addition to amounts, if any, to during the period between the date of Substantial Performance of by the Contractor for all reasonable costs incurred by the Owner Contractor s control, then the Contract Time shall be extended for by the Contractor directly or indirectly, or by any cause within the act or omission of the Contractor or anyone employed or engaged consultation with the Contractor. The Owner shall be reimbursed Contractor and, in particular, the cost of the Consultant s services Owner from the Consultant as a result of such delay by the the Work stated in Article A-i herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Contractor The Contractor shall be responsible for the care, maintenance and construction as a result of the delay described in paragraphs Contractor shall be reimbursed by the Owner for the reasonable protection of the Work in the event of any suspension of protection, but excluding the costs of the Contractors head office Page 24 Supplementary Conditions uproject_namen Amendments to CCDC as the result of such delay, including all services required by the

101 Project_Namen Amendments to CCDC Supplementary Conditions Daten Page Without limiting the obligations of the Contractor described in CC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS and CC 9.4 CONSTRUCTION SAFETY, the Owner may, by Notice in Writing, direct the Contractor to stop the Work where the Owner determines that there is an imminent risk to the safety of persons or property at the Place of the Work. In the event that the Contractor receives such notice, it shall immediately stop the Work and secure the Project site. The Contractor shalt not be entitled to an extension of the Contract Time or to an increase in the Contract Price unless the resulting delay, if any, would entitle the Contractor to an extension of the Contract Time or the reimbursement of the Contractor s costs as provided in paragraphs 6.5.1, 6.5,2 or 6, If the Contractor is delayed in the performance of the Work by a labour dispute, civil disobedience, riot, sabotage, acts of God or any of the events described in paragraphs through for a period of thirty calendar days or longer, the Owner may terminate the Contract by giving Notice in Writing to that effect. In such event, the Owner shall pay for the Work performed up to the effective date of termination, including mobilization and demobilization costs, and for such additional costs, if any, directly flowing from such termination which are a reasonable consequence of the termination, but excluding any consequential. indirect or special damages, and any claims for loss of profit of opportunity. The Owner shall not be liable to the Contractor for any other claims, costs or damages whatsoever arising from such termination of the Contract. SC 34 GC OWNER S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 34.1 Amend paragraph by adding the words or fails or neglects to maintain the latest construction schedule immediately following the word properly in the first line Add new paragraphs to : The terms of the Contract, which expressly or by their nature are intended to survive the termination or discharge of the Contract (including an indemnities, representations and warranties of the Contractor) shall survive such termination or discharge Notwithstanding any other term or condition in this Contract, the Owner may exercise the right to terminate the Contract without cause by giving 10 days written notice to the Contractor, specifying the date upon which such termination becomes effective.

102 Work, the Work, and the Products and, at the option of the Owner, goodwill, profit or revenue. for damages suffered by reason of such default. by an amount deemed by the Owner as appropriate compensation Owner shall be entitled to take possession of the Place of the extent the Owner deems necessary to complete the Work, and the Contractor shall be paid, within sixty (60) days of the date that requirements in the Contract Documents dealing with payment consequential, special, incidental or other damages of any nature an invoice is received by the Owner, for the following, without duplication, but subject to ARTICLE A-5, PAYMENT and the other paid the Contractor, utilize the Construction Equipment to the (including the submission of statutory declarations and evidence which have been pre-approved by the Owner in writing; paid by the Contractor as a result of such termination which have been pre-approved by the Owner in writing..2 reasonable demobilization costs paid by the Contractor.3 Subcontractor and Supplier cancellation costs reasonably plus applicable Work performed up to the effective date of.1 the value proportionate to the Contract Price, of the applicable: termination; plus of compliance with worker s compensation legislation), as and upon agreement on mutually acceptable rental rates to be Except for the amounts referred to in this paragraph , the Contractor shall not be entitled to any additional reimbursement, remuneration or damages resulting from the termination in other right or remedy, any payment by the Owner shall be reduced is completed; provided, however, that, without prejudice to any the Contractor for the portion of the Contract Price properly incurred by the Contractor prior to such termination, until the Work out in GC 7.1 above, the Owner shall withhold further payment to In the event of termination due to default by the Contractor as set Date Page 26 accordance with paragraph including indirect, whatsoever such as, without limitation, loss of opportunity, Supplementary Conditions Project_Name Amendments to CCDC In the event of termination pursuant to paragraph , the

103 orders, subcontracts and contracts specified by the Owner upon terms satisfactory to the Owner. Notwithstanding any termination Owner, the Contractor shall use best efforts to cancel any existing provisions of this Contract, the Contractor shall immediately cease the Work, place no additional orders and if requested by the If the Owner terminates this Contract in accordance with the cdaten Page 27 schedule..3 completes the correction in accordance with such such correction; and.2 provides the Contractor with an acceptable schedule for specified time; and.1 commences the correction of the default within the specified in paragraph 7.2.4, the Owner shall be deemed to have cured the default if it If the default cannot be corrected within the 5 Working Days 35.5 Delete paragraph and replace it with the following: FINANCING INFORMATION REQUIRED OF THE OWNER, Delete from line 2 of subparagraph 7.2.3,4, the words, except for GC5.1 except where the Owner has a bona fide claim for set off, or certified by the Consultant or awarded by arbitration or a Court, the Owner fails to pay the Contractor when due the amount : 35.3 Delete subparagraph in its entirety and substitute new subparagraph 35.2 Delete subparagraph in its entirety Amend paragraph 7.22, in line 1, by deleting 20 and replacing it with 35. SC 35 GC CONTRACTOR S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT of the Work. be terminated by the Owner for convenience in accordance with in accordance with the Owner s instructions. Should this Contract the Owner s instructions, and the Contractor shall dispose of same plant and equipment at the Place of the Work or in transit, pending are reasonably necessary to preserve and protect Work completed and in progress and to protect materials, supplies, pursuant to this Contract, the Contractor shall take such steps as paragraph , the Contractor shall be reimbursed for any costs it may incur in connection with the preservation or protection Supplementary Conditions uproject_name Amendments to CCDC2 2008

104 required to do beyond the requirements of the Contract Documents, Rules made as described in paragraph 8.2.1, following the words Construction 37.4 Add new paragraphs through as follows: Contract, and;.2 a copy of supplementary conditions to of the.1 a copy of the notice of arbitration by the Contractor in carrying out such instructions which the Contractor was the Contract Documents, the Owner shall pay the Contractor costs incurred If it is subsequently determined that such instructions were at variance with for consequential, indirect or special damages and any claims for 36.1 Delete last sentence of and substitute the following sentence: SC 36 GC AUTHORITY OF THE CONSULTANT loss of profit or opportunity. equipment. The Contractor shall not be entitled to any recovery sustained on Products and construction machinery and shall also be entitled to recover the direct costs associated with for all Work performed to the date of termination. The Contractor described in this GC 7.2, the Contractor shall be entitled to be paid Contractor shall give the Consultant a written notice containing: conducted pursuant to the Arbitration Act, c. 17, as responding party under paragraph 6.2.6, the Owner and the Appendix 1... following the term Construction Disputes in line 1. amendments to the Rules attached to these Supplementary Conditions as 37.1 Amend paragraph by adding the words...(the Rules ), subject to SC 37 GC 8.2- NEGOTIATION, MEDIATION, AND ARBRITRATION Within five days of receipt of the notice of arbitration by the Working Days after the date of termination of the mediated this paragraph 8.2.6, there shall be no arbitration of any such amended. Unless either party gives the notice contemplated by made as described in paragraph The arbitration shall be addition of the Rules, subject to any amendments to the Rules negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the latest Disputes in the last line. including costs resulting from interruption of the Work, By giving Notice in Writing to the other party, not later than If the Contractor terminates the Contract under the conditions 35.6 Add new paragraph 7.2.6: termination, including the costs of demobilization, losses 37.2 Amend paragraph by adding the words.. subject to the amendments to the 37.3 Delete paragraph and replace it with the following: dispute. Page 28 Supplementary Conditions Project_Namen Amendments to CCDC2 2008

105 (4Project_Name Amendments to udaten CCDC Supplementary Conditions Page 29.3 any claims or which the Contractor or the Owner, the may be, to raise in relation to the Consultant arising out of the in dispute in the arbitration. as case issues wishes issues The Owner and the Contractor that the Consultant may elect, within ten days of receipt of the notice 8.2.9, to a full party to the arbitration under if the Consultant: become agree under paragraph paragraph.1 has vested a or contingent financial interest in the outcome of the arbitration;.2 gives the notice of election to the Owner and the Contractor before the arbitrator is appointed;.3 agrees to be a party to the arbitration within the meaning of the rules referred to in 8.2.6; and, paragraph.4 to be bound by the arbitral award arbitration. agrees made in the II an election is made under paragraph , the Consultant may participate in the appointment of the arbitrator and notwithstanding the rules referred to in 8.2.6, the time period for reaching on the appointment of the arbitrator shall begin from the date the Owner a copy of the notice of arbitration. town agreement paragraph receives The arbitrator in the arbitration in which the Consultant under to a full party may: paragraph become has elected.1 on application of the Owner or the Contractor, whether the Consultant satisfied the requirements of ; and paragraph has.2 make any procedural order facilitate the addition of the Consultant arbitration. determine considered necessary as to a party to the The provisions of shall apply mutatis mutandis to written notice to be given by the Consultant to any sub-consultant. paragraph In the event of notice of arbitration given by a Consultant to a consultant, the is not entitled to any election with to the proceeding outlined in , and is to be bound by the arbitration proceeding. respect sub-consultant as deemed sub

106 an award is made in favour of the Owner which dismisses entirely including the cost of any athorist or other consultant, and such owing to the Contractor. Contractor against the Owner is satisfied in full by the Owner, or, the substantive dispute of the Contractor, this paragraph shall be vacation of the Certificate of Action. In no event shall the consent to the stay of any lien proceedings until an award is rendered in the arbitration or such dispute is otherwise resolved between the parties. Provided any award in favour of the construed as a formal consent to an order disposing entirely of the dismissal of any action, vacation or discharge of the lien and Contractor be deprived of its right to enforce its lien against the were commenced. Provided nothing in this paragraph shall have discovered applying the standard of care described in SC SC 9,1, should the Contractor or any Subcontractor or Supplier replacement cost of the trees or other plantings damaged, costs may be deducted by the Owner from amounts otherwise by the Owner or third parties, the Contractor shall be liable for the lien proceedings, without costs, including, as applicable, a agrees that this paragraph shall be construed as a formal cause loss or damage to trees or other plantings, whether owned : it in full on the dispute in respect of which the lien proceedings Project should the Owner fail to satisfy any arbitral award against prevent the Contractor from taking the steps required by the Act to have a dispute resolved by arbitration, the Contractor 39.2 Delete paragraph in its entirety and substitute the following new paragraph 39.3 Add a new paragraph as follows: described in SC 3.14 STANDARD OF CARE STANDARD OF CARE. locations of all underground utilities and structures indicated in the Contract Documents or that are discoverable by applying to an inspection of the Place of the Work the degree of care and skill 9.1.2: 39.1 Delete subparagraph in its entirety and substitute new subparagraph If the Owner gives the Notice in Writing described in paragraph 38.1 Add new paragraph 8.3.3: to preserve and/or perfect a lien to which it may be entitled, SC 38 SC SC 39 SC PROTECTION OF WORK AND PROPERTY Before commencing any Work, the Contractor shall determine the Without in any way limiting the Contractor s obligations under this OF RIGHTS errors in the Contract Documents which the Contractor could not RETENTION ((Date)> Page 30 Supplementary Conditions Project_Namen Amendments to CCDC2 2008

107 Project_Name Amendments to CCDC Supplementary Conditions udaten Page Add new paragraph 9.16: 916 The Contractor shall neither undertake to repair and/or replace any damage whatsoever to the WorK of other Contractors! or to adjoining property, nor acknowledge the same was caused or occasioned by the Contractor! without first consulting the Owner and receiving written instructions as to the course of action to be followed from either the Owner or the Consultant. However, where there is danger to life or public safety, the Contractor shall take such emergency action as it deems necessary to remove the danger.!! SC 40 GC 9.2- TOXIC AND HAZARDOUS SUBSTANCES 40.1 Amend paragraph 9.2.5,3 by asserting the following words after the words place of the work in line two of that paragraph: and no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Material! 40.2 Add a new paragraph as follows: take any further steps it deems necessary to mitigate or stabilize any conditions resulting from encountering Hazardous Material Add to paragraph after the word responsible the following new words: or that any Hazardous Material already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Contractor or anyone for whom the Contractor is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others, Amend paragraph by inserting the following words after the word delay in line two of that paragraph: but excluding any consequential, indirect or special damages, and any claims for loss of profits or opportunity Add to paragraph after the word responsible, the following new words: or that any Hazardous Material already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Contractor or anyone for whom the Contractor is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others,.

108 Contractors failure to comply. The Contractor expressly agrees amendments thereto insofar as these Regulations are applicable agrees to indemnify and hold harmless the Owner with respect to necessary for health, safety and protection, including providing Without limiting its other obligations under this CC 9.2, the Project, be solely responsible, and have overall responsibility, for existing conditions and progress of the Work, safeguards Work (collectively, the Other Work ), until Total Performance of The Contractor and not the Owner shall, for the duration of the 41.1 Delete paragraph in its entirety and substitute new paragraph 9.4.1: SC 41 GC 9.4- CONSTRUCTION SAFETY to the Work. The Contractor shall submit all required logs and paragraph with the Contract to a substantial degree within the meaning of CEPA and TGDA, such failure will constitute a failure to comply include compliance with EPA, CEPA and TCDA. The Contractor 40.6 Add new paragraphs and as follows: any loss or damage to which the Owner is exposed by the that such loss and damage shall be included within the scope of cdaten Page 32 Supplementary Conditions ((Project_Name)) Amendments to CCDC Contractor acknowledges that its obligations under the Contract acknowledges that the Owner may suffer loss and damage should the Contractor fail to comply with EPA, CEPA and TGDA and the Contractor s indemnity described in paragraph The Contractor acknowledges that should it fail to comply with EPA, Halocarbon Regulations (2003) (FHR) and all subsequent construction health and safety at the Place of the Work and for and practices (collectively, Codes ) which relate to construction health and safety and shall be responsible for initiating, maintaining, enforcing and supervising all health and safety the Work and the other work performed by Owner and Owner s The Contractor shall comply with all requirements of the Federal documentation to the Owner prior to making his application for precautions and programs in connection with the performance of Substantial Performance of the Work. other contractors ( Owner s Other Contractors ) at the Place of the compliance with the codes, laws, ordinances, rules, regulations the Work. The Contractor shall erect and maintain, as required by the Owner s insurer, acting reasonably, code, and ordinance or by performance of Other Work by Owner and Owner s other.1 Owner and Owner s other contractors during the and properties. The Contractor shall supervise and implement barriers, safety nets, scaffolding, barricades, fences, flagmen, fire prevention equipment and other measures, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities compliance of such health and safety requirements by: contractors; and

109 9.4.2 The Contractor shall take all reasonable steps to prevent 41.2 Add new paragraphs to : during their performance of the Work..2 The Subcontractors, Suppliers and Sub-subcontractors ((Daten Page 33 Contractor believes that work of the Owner s other contractors Contract Time for all costs and time incurred as a result of curing such unsafe condition, increase in the Contract Price and equitable extension of the to cure the unsafe condition, it shall be entitled to a reasonable or in the event of an emergency threatening health, life or property, of the Work. If the Contractor is required by the Owner in writing, shall order removal of any non-complying person from the Place Until Total Performance of the Work, the Contractor shall notify the Owner s other contractors, and the Owner and Consultant, if the instruct the Owner s other contractors to cure the condition and may be unsafe and the Contractor shall stop the unsafe work and manager, tenants or adjoining landowners and other parties. shall give any notices required to be given to the Owner s property The Contractor, before commencement of any part of the Work, with respect to health and safety. shall also apply to the other Work Owner s Other Contractors comply with laws relating to of the Project. Owner shall use commercially reasonable efforts to and other standards and requirements applicable to construction Suppliers and sub-subcontractors comply with all legal Other Work a requirement that (i) Owner s Other Contractors Contractor, in the Contractor s role as Conslructor; and (ii) comply with the health and safety policies and programs of the precautions and programs to assure that the Subcontractors, requirements, all health and safety and insurance requirements place in its contracts with Owner s Other Contractors performing construction safety. Until Total Performance of the Work, Contractor s safety precautions and programs under this Section, performed by Owner and Owner s other contractors and Contractor shall supervise and enforce compliance by Owner and programs. initiate, maintain, enforce and supervise health and safety The Contractor shall prepare a program of supervision and shall Owner s other contractors with such safety precautions and all at no additional cost to Owner and not as a cost to the project. by the Owner and the party whose property has been damaged, paid, corrected or remedied by Contractor in a manner approved utilities, including business interruption losses resulting from the obtained. Any damage to public property, private property, or to negligent acts or omissions or default of the Contractor shall be interference with adjacent properties. The Contractor shall not close or obstruct streets, sidewalks, alleys, or other public thoroughfares unless all permits required by Codes have been Supplementary Conditions uproject_namen Amendments to CCDC2 2008

110 9.4.6 Without restricting the generality of any other provision in the non-complying person from the Place of the Work. Owner s other contractors or any other contractor or condition and shall order the immediate removal of any contractors engaged by the Owner under separate contract) safety instruction and training: safety incidents at the Place of the Work that the.6 report to the Owner and the Consultant all health and and safety requirements of OHSA carry out the measures.1 undertake the Project for the Owner pursuan to the health (including the Work of the Subcontractors and the work of including the following: responsibilities of the Constructor with respect to the Project complies with OHSA and receives appropriate health and regulations);.2 ensure that every employer and worker at the Project.3 protect the health and safety of workers on the Project;.4 prepare and implement an overall work safety program the Contractor undertakes to carry out the duties and OHSA (including Section 5 of the construction the Work and enforce compliance at the Place of the Work and file all other applicable registrations required by file the Notice of Project, naming itself as Constructor,.5 as applicable in the jurisdiction of the Place of the Work by Subcontractors with such work safety program: Performance of the Work, the Contractor is the Constructor and Subcontractors and any other contractors at the Place of Contract Documents! for the duration of the Project, until Total and procedures prescribed by OHSA for the Project: and review the safety programs of each of the stop the unsafe work and instruct them to cure the person on the Place of the Work and the Contractor shall persons at the Place of the Work of the Contractor s.7 inform all Subcontractors and all other contractors or.8 provide timely notice of any unsafe work to any Contractor s safety programs. training programs that at a minimum meet Contractor s shall review such safety programs for compliance with to have their own safety programs including established response to such incidents; and ((Date), Page 34 Supplementary Conditions ((Project_Name)) Amendments to CCDC Contractor becomes aware of, including the Contractor s safety program and require Contractor s Subcontractors safety programs and training programs. The Contractor Subcontractor, Supplier, sub-subcontractor, Owner or

111 udaten Page 35 regulations on the Place of the Work. and enforcing all applicable health and safety laws and the Place of the Work, inspecting the Place of the Work enforcing the Contractor s health and safety program at position, to be responsible for initiating, maintaining and competent person, as required by OHSA, in a supervisory.9 retain a properly trained and knowledgeable and and paragraph , the Owner shall reimburse the Contractor for Consultant may recommend in consultation with the Contractor. If, special damages, and any claims for loss of profit or opportunity, of taking those steps, but excluding any consequential, indirect or reasonable costs incurred as a result of the delay and as a result in the opinion of the Consultant, the Contractor has been delayed in performing thework and / or has incurred additional costs under extend the Contract Time for such reasonable time as the 42.1 Delete paragraph 9.5.3,3 in its entirety and substitute new paragraph : SC 42 GC 9.5- MOULD extend and include any and all contractors engaged by the Owner under separate contract. prime contractor, principal contractor, or employer shall The Contractors obligations to fulfill the duties of constructor, to the project, until the project is completed. employer or similar applicable term in the province or territory of contracto(, or similar applicable term in the province or territory of Without limiting the generality of any other provision that is responsibilities of, the constructor, prime contractor. principal the project as well as the duties and responsibilities of the the project all of which is within the meaning of the occupational contained in the contract or supplementary conditions, the Contractor shall be, and shall carry out the duties and health and safety legislation applicable to the project, with respect OHSA. and employer, as the case may be, within the meaning of the The terms Constructo( and Employer mean the constructor the Constructor and Employer under 01-ISA. failure to comply with the duties, responsibilities and obligations of any liability for claims, damages or penalties, including legal fees and costs to defend any offences, arising from the Contractor s The Contractor shall indemnify and hold harmless the Ownerfrom Total Performance of the Work. responsibilities of the Constructor in accordance with OHSA unlil For greater certainty, the Contractor shall fulfill the role and Supplementary Conditions uproject_name Amendments to CCDC2 2008

112 a tax or customs duty for purposes of this GC assessment levied against the Contractor shall not be treated as sole benefit of the Owner. The Contractor agrees to endorse over duties, excise taxes and Value Added Taxes paid. concurring in the making of an application for any such refund or Customs duties penalties, or any other penalty, fine or give effect to this paragraph. which cooperation shall include, but not be limited to, making or with the Owner in the application for any refund of any taxes, and all amounts recovered or exemptions obtained shall be for the material and component costs reflecting the taxes, customs and to obtain from all Subcontractors and Suppliers cooperation the Owner or the Owner s representative, assist with application the Owner. The Contractor agrees to cooperate with the Owner applicable to the Contract, the contractor shall, at the request of exemption may be obtained, is the sole and exclusive property of 43.2 Add new paragraphs , , and as follows: on any decrease in such taxes. shall not be entitled to any credit relating to mark-up for overhead or profit or not paid, which is found to be inapplicable or for which sales tax, customs duty, excise tax or Value Added Tax, whether The Contractor shall maintain accurate records of equipment, Any refund of taxes including, without limitation, any government overhead or profit on any increase in such taxes and duties and the Owner For greater certainty, the Contractor shall not be entitled to any mark-up for paragraph: taxes, customs duties, excise taxes or Value Added Taxes 43.1 Amend paragraph by adding the following sentence at the end of that for any exemption, recovery or refund of all such taxes and duties to the Owner any cheques received from the federal or provincial SC 43 GO TAXES AND DUTIES Where the Owner is entitled to an exemption or a recovery of sales Owner, or shall be a credit to the Owner against the Contract Price, in the Owner s discretion. originals of records, invoices, purchase orders and other exemption and providing to the Owner copies, or where required, udaten Page 36 governments, or any other taxing authority, as may be required to documentation necessary to support such applications or exemptions or refunds. All such refunds shall either be paid to the Supplementary Conditions Project_Namen Amendments to CCDC2 2008

113 agency where applicable, of the readiness, substantial completion, and SC 44 GC LAWS, NOTICES, PERMITS, AND FEES The Contractor shall notify the Chief Building Official or the registered code ((Date)) Page Add to the end of paragraph , the following words: beginning. Expired certificates will be cause for the Owner to immediately cease all transactions with the Contractor, and Contractor must give immediate notice to the Owner of loss or interest provisions. All certificates, evidencing all of the stated, the Owner or its designated agent in advance of any work suspension of any applicable coverage. All insurance policies respective subsidiaries, related entities, affiliates, partners, members, managers, directors, officers, employees, agents and representatives. All of the above-identified policies of insurance against Toronto Community Housing Corporation. The required requested and required insurance coverage must be provided to Toronto Community Housing Corporation, as well as its to the Owner and shall contain cross-liability and severability of excess of, or co-coverage with, any insurance otherwise available shall constitute primary coverage and not merely coverage in written notice to the Owner. With respect to WSIB coverage, the insurance may not be cancelled without thirty (30) days prior shall provide for a waiver of any right of subrogation of the insurers As additional insureds, the certificate(s) must specifically refer to 45.3 Add the following as new paragraph 11,1.10: ($1,000,000). third party coverage in the amount of one million dollars provide Employee Dishonesty / Crime Insurance, which includes If so noted in the Contract Documents then the Contractor shall 45.2 Add the following as new paragraph : personal property by the Contractor s employees or anyone for whom the Contractor is responsible at law with a sub limit of not less than $1,000,000 per claim and in the aggregate. Such policy shall endorsed with coverage against the theft of monies or paragraph: 45.1 Amend paragraph by adding the following sentence to the end of that SC 45 GC 11.1 INSURANCE Subject to paragraph 3.4.1, the. words: 44.2 Delete from the first line of paragraph the word, The and substitute the Contractor shall be present at each site inspection by an inspector or registered code agency as applicable under the Building Code (based on on the respective provincial legislation or authority having jurisdiction) The completion of the stages of construction set out in the Building Code (based the respective provincial legislation or authority having jurisdiction). Supplementary Conditions uproject_name Amendments to CCDC2 2008

114 stated above. requirements, including insurance, licenses, and training. The expressly waives the right to indemnity for claims other than those Owner reserves the right to reject any proposed Subcontractor at Except as otherwise provided in this Contract, the Owner 46.1 Amend paragraph by adding the following lo that paragraph: 47.1 Delete paragraphs through and replace them with the following: to injury to or destruction of tangible property, and limitation statute of the province or territory of the Place of Work, within such shorter period as may be prescribed by any the Consultant, their agents and employees from and against all claims, demands, losses, costs, damages, actions, suits, or the Contract provided such claims are: or anyone for whose acts the Contractor may be liable, and certificate of Substantial Performance of the Work, or arise out of, or are attributable to, the Contractors performance of Substantial Performance of the Work as set out in the.2 caused by negligent acts or omissions of the Contractor.3 made in writing within a period of 6 years from the date of.1 atlributable to bodily injury, sickness, disease, or death, or SC 47 OC INDEMNIFICATION security, and the cost of such Contract security shall be added to the commencement of the Work, require the Contractor to provide such Contract proceedings (hereinafter called claims ), by third parties that a labour and material payment bond, the Owner may, prior to the Contractor to provide Contract security in the form of a performance bond or SC 46 GC 11.2 CONTRACT SECURITY The Contractor shall indemnify and hold harmless the Owner and its sole and absolute discretion. withhold any amounts necessary to pay workers compensation ccdaten Page 38 by the Contractor and that its subcontractors meet all of the stated Supplementary Conditions ccproject_namen Amendments to CCDC premiums directly to the appropriate authorities. The Contractor must ensure that its Subcontractors have the benefit of or effect and maintain equal insurance coverage as required to be effected Where the Contract Documents give the Owner the discretion to require the Contract Price at cost without any mark-up by the Contractor.

115 releases the contractor from all claims against the Contractor 48.1 Delete paragraphs through and replace them with the following: As of the date of final payment, the Owner expressly waives and cdaten Page 39 SC 48 GC WAIVER OF CLAIMS unsettled; and Contractor s application for final payment and still.1 those for which Notice in Writing was given prior to the breach of contract by the Owner except: without limitation those that might arise from the negligence or knowledge of that could be advanced against the Owner including Work, the Contractor expressly waives and releases the Owner from all claims which it has or reasonably ought to have As of the date of certificate of Substantial Performance of the sum of $100,000, before applicable taxes..2 for a Contract Price of $ or more, the sum of $50,000, before applicable taxes;.1 for a Contract Price of $2,000,000 or less, the of such defect or deficiency exceeds: Contractor s performance of the Contract with respect to the Contractor is proven responsible. As used herein, deficiency in the Work where the reasonable cost of repair substantial defects or deficiencies means any defect or performance, or within such shorter period as may be prescribed in any limitation statute of the province or substantial defects or deficiencies in the Work for which liability of the Contractor for damages resulting from the territory of the Place of the Work and arising from any Work as set out in the certificate of substantial years from the date of Substantial Performance of the.4 those made by Notice in Writing within a period of six commences the Work; materials to the Place of the Work after the Contractor or introducing any toxic or hazardous substances and SUBSTANCES and arising from the Contractor bringing.3 those arising from GC9.2 INDEMNIFICATION or GC1 2.3 WARRANTY;.2 those arising from the provisions of GCI2.1 and still unsettled;.1 those made in writing prior to the date of final payment the following: or breach of contract by the Contractor except for one or more of including without limitation those that might arise from negligence Supplementary Conditions uproject_name Amendments to CC0C TOXIC AND HAZARDOUS

116 FEES 49.2 Delete the words one year on paragraph and substitute the words two 49.3 Delete the word one on paragraph , and substitute the word two Delete the word one on paragraph , and substitute the word two Delete the word one on paragraph , and substitute the word two Add new paragraph 12.3,7 and as follows: obligations under this GCI2.3 WARRANTY The cost of such Contract, the Contractor shalt provide, at no additional cost to the obligations under this GC 12.3 WARRANTY. the Work at the time of execution of the Contract shall remain the property of the Owner. All Work and Products delivered to the Consultant. materials as its property when notified in writing to do so by the Project by or through a Subcontractor or Supplier, and provided Subject to paragraph 3.4.1, the.... words: years Delete from the first line of paragraph the word, The and substitute the to the Owner, including outside normal working hours General Condition 13.1, add new title and paragraphs: Unless otherwise specified, all materials existing at the Place of In the event that a construction lien is registered against the 51.1 General Condition 13.2, add new title and paragraphs: Add new PART 13 as follows: PART 13- OTHER PROVISIONS Owner, a maintenance bond as security for the performance of its Owner, a maintenance bond as security for the performance of its Where required by the Owner, the Contractor shall provide to the Warranty work shall be executed at times reasonably convenient bond will be added to the contract price. Where required by the SC 49 GC WARRANTY SC 50 GC OWNERSHIP OF MATERIALS SC 51 GC CONSTRUCTION LIENS Owner. The Contractor shalt remove all surplus or rejected Place of the Work by the Contractor shall be the property of the HAZARDOUS SUBSTANCES or GC1O.3 PATENT.2 those arising from the provisions of GC9.2 AND TOXIC Daten Page 40 Supplementary Conditions Project_Name Amendments to CCDC2 2008

117 vacated by the pasting of security; and liens and certificates of action are discharged, released or.1 within ten (10) days1 ensure that any and all construction the Owner has paid all amounts properly owing under the Contract, the Contractor shall, at its own expense: udate Page 41 may occur and also the identities of any persons who visit the site who are not part of the day-to-day Work force. shall also include any extraordinary or emergency events which record the general nature of Project activities. Such log or diary person as it may delegate, to prepare a daily log or diary reporting Subcontractors, Suppliers and any other forces on site and also on weather conditions, Work force of the Contractor, The Contractor shall cause its supervisor, or such competent 54.1 General Condition 13.5, add new title and paragraphs: SC 54 GC DAILY REPORTSIDAILY LOGS provide the Consultant with complete as-built drawings Unless otherwise provided in the Contract. the Contractor shall 53.1 General Condition 13.4, add new title and paragraphs: SC 53 GC AS-BUILT DRAWINGS GC13.1 CONTRACTOR DISCHARGE OF LIABILITIES. in the performance of the Work to meet the requirements of this payment has been withheld. As provided in paragraph 3.7.1, the Contractor shall cause every Subcontractor and Supplier engaged and which have been identified to the party or parties, from whom used or reasonably required for use in the performance of the by it for labour, materials, services, Subcontractors and Products, to GC 3.7, the Contractor agrees to discharge all liabilities incurred In addition to the obligations assumed by the Contractor pursuant Work, except for amounts withheld by reason of legitimate dispute 52.1 General Condition 13.3, add new title and paragraphs: SC 52 GC CONTRACTOR DISCHARGE OF LIABILITIES is no amount owing by the Owner to the Contractor, then the those related to borrowing/posting cash, a letter of credit or a bond expenses, including all costs and associated expenses, including as secunty together with all legal fees and disbursements. If there associated expenses any amount owing to the Contractor, all costs and associated requirements of , the Owner may set off and deduct from Contractor shall reimburse the Owner for all of the said costs and In the event that the Contractor fails to conform with the notices are withdrawn, in writing..2 in the case of written notices of lien, ensure that such Supplementary Conditions ((Project_Namen Amendments to CCDC2 2008

118 Contractor in connection with GC 3.5, and companng that the Project, including records which document the activities of the resourcing to the resourcing anticipated when the most recent version of the schedule was prepared pursuant to CC 3.5. presiding at the time notice of the dispute is given pursuant to the Suppliers, and then only on a need to know basis. For purposes them to be bound by terms substantially the same as those in this when dealing with confidential information of the Owner, to comply immediately by Notice in Writing. the case of the Contractor to its employees, Subcontractors and about their customers, suppliers, finances or place of business, source other than the other party without a breach of this Contract. paragraph. In addition to the foregoing, the Contractor agrees, will undertake to have such third party sign an agreement causing For purposes of the Rules the term neutral appointing authority, The parties will each take reasonable precautions to protect the from a breach of this Contract or information a party gets from a to any third party, other than as provided in this paragraph, a party 55.1 General Condition 13.6, add new title and paragraphs: 56.1 General Condition 13.7, add new title and paragraphs: of the Contract, confidential information shall mean any business Contractor. SC 55 CC NEUTRAL APPOINTING AUTHORITY SC 56 CC CONFIDENTIALITY with other routine Project records ordinarily maintained by the Upon the requests of the Owner or the Consultant, the Contractor confidential information of the other and will not disclose the confidential information of the other to any third party except, in Before granting access to any confidential information of the other but shall exclude any information in the public domain not resulting or at the job site, recording manpower and material resourcing on shall make available for inspection and copying all of the records shall mean the Appointing Committee at ADR Chambers or financial information about either party, including information The Contractor shall also maintain records, either at its head office Contract. Date Page 42 generated pursuant to this GC1 3.5 daily reports/daily logs, along necessary to perform duties under the contract. possession of the other, such party will notify the other party for, confidential information of the party occurs which it is in the its possession or under its control, except for information requesting party any confidential information of that party then in At either party s request, the other will promptly return to the If any unauthorized disclosure of, loss of, or inability to account by the Owner. with any applicable policies of the Owner upon reasonable request Supplementary Conditions Project_Name Amendments to CCDC2 2008

119 ((Project_Name)) Amendments to CCDC Supplementary Conditions Page 43 Date If any confidential information contains information received in confidence from a third party, the party receiving that information will, on request, enter into any non-disclosure agreement that the third party may reasonably require on terms no more onerous than those in this Contract. SC57 GCI3.8-AUDIT 57.1 General Condition 13.8, add new title and paragraphs: The Contractor will maintain and retain complete and accurate records and documents pertaining to this Agreement and the furnishing of the Work. The Owner will have access to (a) the records of the Contractor, including all support documentation for the purpose of verifying any and all charges billed to the Owner under this Agreement; and (b) the records of the Contractor relating to the Work. The Contractor will cooperate with the Owner by providing the Owner with access to the Contractors records promptly (within 10 Working Days) following the Owner s written request. The examination of such records will be conducted at the Contractor s place of business, or such other mutually agreeable location, at expense borne by the Owner Should a material discrepancy in pricing or invoicing arise (greater than 10% variance), all costs of the audit shall be borne by the Contractor and the amount of the discrepancy shall be refunded to the Owner within thirty (30) days. The Contractor will retain such records for a period of five (5) years from the date of completion of the Work. END OF SUPPLEMENTARY CONDITIONS

120 in an arbitration involving the Owner and the Contractor. (d) The parties means the parties to the Contract and any other persons who may join 2.2 Interpretation. Amend clause 1.1(d) so that, as amended, it reads as follows: agreement to refer disputes to mediation under these Rules names submitted by the parties, the parties shall unanimously appoint a mediator. engagement of the Project Mediator shall be set out. Such agreement shall include agreement to refer disputes to mediation under these Rules. (b) The Contract means CCDC2-2008, where such Contract document contains an 2. RULES FOR ARBITRATION OF CCDC 2 CONSTRUCTIONS DISPUTES 2.1 Interpretation. Amend clause 1.1(b) so that it reads as follows: 1.2 By Anreement. Delete clause 5.1 and replace it with the following: 1.3 Appointment of Proiect Mediator. Add a new clause 5.5 which reads as follows: 1.4 Representation. Amend clause 8.1 by deleting the last six words of that clause. preference. Within five Working Days of receiving such a notice, the other party pursuant to clause 5.1 or clause 5.2, the parties and the mediator shall enter into who are prepared to act as mediator, ranked in order of preference. From the 5.1 By Agreement. Where a party desires the appointment of a Project Mediator and (a) The Contract means CCDC2-2008, where such Contract document contains an 1.1 Interpretation. Amend clause 1.1(a) so that it reads as follows: be, as outlined below. 5.5 Formal Agreement. When the Project Mediator has been appointed, whether The Rules assume the use of the Standard Construction Documents CCDC for a Stipulated Price Contract, including the Agreement, Definitions, General Condihons and any amendments or supplementary conditions, if there are any. This Amendment supersedes, replaces or amends the Rules, as the case may gives a Notice in Writing to that effect, such notice shall include the names of two Rules and such agreement shall specifically set out the undertaking of the Project (CCDC-40, 2005) (the Rules ) I. RULES FOR MEDIATION OF CCDC 2 CONSTRUCTION DISPUTES shall deliver a responding notice including the names of two qualified individuals an agreement in writing pursuant to which the terms and conditions of the an undertaking by the Project Mediator to carry out the mediation pursuant to these Mediator and the parties as to Confidentiality (Section 4) Costs of the Mediation Amendment to Rules for Mediation and Arbitration of Construction Disputes APPENDIX I qualified individuals who are prepared to act as mediator, ranked in order of Date Page 44 Supplementary Conditions ((Project_Name)) Amendments to CCDC (Section 12) and Privileged Process (Section 13).

121 2.3 Location of Arbitration. Add the following as a second sentence to clause 5.1: 2.4 Single Arbitrator. Delete clause 8.1 and replace it with the following: Failing agreement by the parties, the arbitrator may select a location for the arbitration within the jurisdiction of the Place of Work, which is convenient to both parties. Date Page 45 arbitration. made full and complete disclosure of the documents relevant to the issues in the an affidavit, within a specified time, in which such party deposes under oath that it where the arbitrator has reason to believe that one or both parties may not have has made a full and complete listing of documents pursuant to clause 11.3(a) 12.1 Production of Documents - The arbitrator may order one or both parties to prepare 2.11 Disclosure. Delete clause 12.1 and replace it with the following: (a) which are relevant to the issues in dispute, and Exchange of Statements. Delete clause 11.3(a) and replace it with the following: a full opportunity to present its case and respond to the case presented by the other party. considers appropriate provided that in all events each party shall be treated fairly and given Subject to these Rules and subject to the written record described in clause 9.2, the arbitrator may conduct the arbitration in such manner as the arbitrator, acting reasonably, 2.9 Powers of the Arbitrator. Delete clause 10.1 and substitute the following: jurisdiction. arbitration, subject to any further orders of the arbitrator or of the Court of competent Such written record shall be deemed to be the procedural code for the conduct of the 2.8 Procedural Meeting. Add the following new sentence to clause 9.2: to the arbitrator. any arrangements required to provide for interim payment of fees and/or expenses arbitration pursuant to these Rules and the terms and conditions of engagement of the arbitrator, the undertaking of the arbitrator and the parties to conduct the of the arbitrator including the fees to be paid and expenses to be reimbursed and the arbitrator shall enter an agreement in writing setting out, at minimum, the name 8.13 Where the arbitrator has been appointed pursuant to the Section 8, the parties and 2.7 Appointment of Arbitrator. Add a new clause 8.13 which reads as follows: 2.6 Appointment of 3 Arbitrators. Delete Clause 8.4 in its entirety and replace it with, intentionally left blank. intentionally left blank. 2.5 Appointment Of Arbitrator. Delete Clause 8.2 in its entirety and replace it with the words, qualifications specified in Clause The arbitration shall be conducted before a single arbitrator who possesses the Supplementary Conditions uproject_namen Amendments to CCDC2 2008

122 END OF APPENDIX 2 ((Date)) Page 46.on the same Project,... expert s report Consolidation. Amend clause 21.1(a) by adding the following wording to that clause: (c) provide the party with a written summary of any other information, beyond that unless otherwise agreed by both parties or directed by the arbitrator. necessary modifications. pursuant to clause 12.4, the provisions of clauses 15.3 and 15.4 shall apply, with 12.6 In the event that a party provides the statement or report of an expert witness 2.12 Add a new clause 12.6 as follows: 2.13 Hearings and Meetings. Amend clause 13.3 by adding the following language to that clause: 2.14 Arbitrator Retained Experts. Add clause 15.3(c) as follows: Supplementary Conditions ((Project_Name)) Amendments to CCDC described in clauses 13.2(a) and (b), upon which the expert relied in preparing the