CONTRACT DOCUMENTS - CivicWeb

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CONTRACT DOCUMENTSfor

HIGHWAY 72 WATER & SEWER SERVICINGSIOUX LOOKOUT, ONTARIO

UNIT PRICE CONTRACT

STANDARD CONSTRUCTION DOCUMENT CCDC 4

between

THE MUNICIPALITY OF SIOUX LOOKOUT

and

LTL CONTRACTING LTD.

KEEWATIN-ASK! LTD. 9

AGREEMENT BETWEEN OWNER AND CONTRACTORfor use when unit prices form the basis of payment and to be usedonly with the General Conditions of the Unit Price Contract

This Agreement made on the

in the year two thousand and

by and between

Eleventh

Eight

day of February

The Municipality of Sioux Lookout

hereinafter called the "Owner"

and

LTL Contracting Ltd.

hereinafter called the "Contractor"

witnesses: that the parties agree as follows

ARTICLE A-1 THE WORK

The Contractor shall:

(a) perform the Work required by the Contract Documents for

Extension of water and sewer servicing of along Autumnwood Drive, Drayton

Road, Highway 72, Pine Avenue, Forest Drive and Beech Lane in Sioux Lookout

Ontario.

which have been signed by the parties, and which were prepared by .

Keewatin-Aski Ltd.

"Consultant" and

acting as and hereinafter called

Ib) do and fulfill everything indicated by this Agreement, and

Ic) commence the Work by the 30th day of January, 2008

and attain Substantial Performance of the Work, as certified by the 30 th day of August. 2008.

Standard Construction Document-CCDC4-1982

ARTICLE A-2 CONTRACT DOCUMENTS

The following is an exact list of the Contract Documents referred to in Article A-1 of this Agreementand as defined in item 2 of DEFINITiONS. This list is subject to subsequent amendments inaccordance with the provisions of the Contract and agreed upon between the parties. Terms usedin the Contract Documents which are defined in the attached DEFINITIONS shall have the meaningsdesignated in those DEFINITIONS.

(Insert here, attaching additional pages if required, a list identifying the Contract Documentsincluding: the Agreement General Conditions, Supplementary Conditions, Definitions, drawings,giving drawing number, title, date, revision date or mark, and specifications, giving a list of contentswith section numbers and titles, number of pages, and date of revision marks. Clearly identifymodifications to the Contract Documents.)

1. CONTRACT DOCUMENTS

I Agreement Article Nos. A-1 to A-9, inclusive;

II Definitions: Item Nos. 1 to 16, inclusive;

III General Conditions: GC1 to GC36, inclusive;

IV Tender Documents: Section Nos. 00100, 00310, 00510, 00710, 00800, 00850;

V Technical Specifications Section Nos. 01010, 01021, 01025, 01040,01050,01060,01200,01300,01350,01400,01500,01600,01700, 01800, 02200, 02512, 02560,02713,02740,02897.

2. DRAWINGS (Issued for Construction dated November 2007)

P-1 Sanitary Lift Station Plan & Elevations

G-1 Sanitary Lift Station Site Plan & Electrical

D-1 Servicing Details



D-4 Servicing Details & Notes

PP-1 Beech Lane Plan & Profile - STA 0 + 000 to 0 + 11 2

PP-2 Forest Drive Plan & Profile - STA 0 + 000 to 0 + 330

PP-3 Forest Drive Plan & Profile - STA 0 + 330 to 0 + 650

PP-4 Forest Drive Plan & Profile - STA 0 + 650 to 0 + 750.57

PP-5 Pine Avenue Plan & Profile - STA 0 + 000 to 0 + 200

PP-6 HWY 72 Plan & Profile - STA 0 + 000 to 0 + 330

PP-7 HWY 72 Plan & Profile - STA 0+330 to 0+659.8

PP-8 Drayton Road Plan & Profile - STA 0 + 000 to 0 + 235

PP-9 Autumnwood Drive Plan & Profile - STA 0+000 to 0+379.49

3. Addenda

1. Addenda Nos. 1 to 5, inclusive.4. Post Tender Document Revisions

1.Date of Tender Validity extended to January 31, 2008.2.Date of Substantial Performance revised to August 30, 2008.3.Revised Section 'E' of the Tender Form - Provisional Pricing (copy attachedI

CCDC 4 - 1982

3.ARTICLE A-3 CONTRACT PRICE


(a) The quantities shown in the Schedule of Contract Unit Prices are estimated. The Contract Priceshall be the final sum of the products of the actual quantities that are incorporated in, or madenecessary by the Work, as confirmed by count and measurement, and the appropriate ContractUnit Prices, together with any adjustments that are made in accordance with the provisions ofthe Contract Documents.

(b) The Estimated Contract Price shall be the use of the products of the estimated quantities andthe appropriate Contract Unit Prices in the Schedule.

(c) Schedule of Contract Unit Prices.'

item Spec. No. DescriptionEstimatedQuantity Unit

ContractUnit Price

EstimatedTotal Price

1) The Schedule of Contract Unit Prices and estimated Contract Price are listed on theattached completed Tender Form, Section 00310, as submitted by LTL Contracting Ltd.(see attached)

Total estimated contract price $2,388,998.85.

CCDC 4 - 1982


Continues .....

(c) Schedule of Contract Unit Prices* continued ...

item Spec. No. DescriptionEstimatedQuantity Unit

ContractUnit Price

EstimatedTotal Price

Estimated Contract Price $ $2,388,998.85

........Two Million, Three Hundred and Eighty-Eight Thousand. Nine Hundred and Ninety-Eight Dollarsand Eighty-Five Cents _ _ in Canadian Funds.

CCDC 4 - 1982

ARTICLE A-4 PAYMENT


(A) The Owner shall pay the Contractor in Canadian funds for the performance of the Contract,the amounts being determined by actual measured quantities of the individual work itemscontained in the Schedule of Contract Unit Prices in Article A-3(c) of this Agreement, andmeasured in accordance with the methods of measurement given in the specifications.

(b) Subject to applicable legislation and the provisions of the Contract Documents, and inaccordance with legislation and statutory regulations respecting holdback percentages and,where such legislation or regulations do not exist or apply, subject to a holdback of Tenpercent ( 10%), the Owner shall:

(i) make monthly payments to the Contractor on account of the work performed ascertified by the Consultant, and;

(2) upon Substantial Performance of the Work as certified by the Consultant pay to theContractor the unpaid balance of holdback monies then due, and;

(3) upon Total Performance of the Work as certified by the Consultant pay to theContractor the unpaid balance of monies then due.

(c) In the event of loss or damage occurring where payment becomes due under the propertyand boiler insurance policies, payment shall be made to the Contractor in accordance withthe provisions of GC 20-INSURANCE.

(d) If the Owner fails to make payments to the Contractor as they become due under the termsof this Contract or in an award by arbitration or court, interest of Prime + Onepercent (prime + 1 %) per annum on such unpaid amounts shall also become due andpayable until payment. Such interest shall be calculated and added to any unpaid amountsmonthly.

ARTICLE A-5 RIGHTS AND REMEDIES

(a) The duties and obligations imposed by the Contract Documents and the rights and remediesavailable thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law.

(b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiverof any right or duty afforded any of them under the Contract, nor shall any such action orfailure to act constitute an approval of or acquiescence in any breach thereunder, except asmay be specifically agreed in writing.

CCDC 4 - 1982

ARTICLE A-6 RECEIPT AND ADDRESSES FOR NOTICES


Communications in writing between the parties or between them and the Consultant shall beconsidered to have been received by the addresses on the date of delivery if delivered by hand tothe individual or to a member of the firm or to an officer of the corporation for whom they areintended or if sent by post or by telegram, to have been delivered within the (5) working days of thedate of mailing, dispatch or of delivery to the telegraph company when addressed as follows:

The Owner at "" "." " P.O. Box 158, Sioux Lookout, Ontario, P8T 1A4

post office or district, province, postal code

The Contractor at" " .. " " " 1186 Russell Street, Thunder Bay, Ontario, P7B 5N2street and number and postal box number if applicable


The Consultant at 61 Queen Street, P.O. Box 510, Sioux Lookout, Ontario, P8T 1A8street and number and postal box number if applicable


ARTICLE A-7 LAW OF THE CONTRACT

The law of the Place of the Work shall govern the interpretation of the Contract.

ARTICLE A-8 LANGUAGE OF THE CONTRACT

When the Contract Documents are prepared in both the English and French languages, it is agreedthat in the event of any apparent discrepancy between the English and French versions, the Englishlanguage shall prevail.

This Agreement is drawn in English at the request of all parties hereto; ce marche est redige enanglis a la demande de toutes les parties.

CCDC 4 - 1982

Standard Construction Document-CCDC4-1 982

ARTICLE A-9 SUCCESSION

The General Conditions of the Unit Price Contract hereto annexed, and the other aforesaid ContractDocuments, are to be read into and form part of this Agreement and the whole shall constitute theContract between the parties and subject to law and the provisions of the Contract Documents shallensure to the benefit of and be binding upon the parties hereto, their respective heirs, legalrepresentatives, successors and assigns.

In witness whereof the parties hereto have executed this Agreement under their respectivecorporate seals and by the hands of their proper officers thereunto duly authorized.

SIGNED, SEALED AND DELIVEREDin the presence of:

OWNER

name and title

····B·· ... ux Lookout , ...The Municipality of Sl~ CJ k 48....... (... ~~ ~ .~~/" .... .Er..... Signature~o'. ..PQ}/IJ.j- .....tI..y ..~m;:"'~~t~~~ ';'''0'1. a"ekwue/~),o/.k.... ~;~Z·~·~··d·~j~i..; ..~~.: ..:..~Xe.......ti.O {~j

r~ k • '<..6-, ,_ -e , ,_ .,..... . ~~.. c.~' . ",.;,;~;, """ '.' '. . ~; ~,;., "g~.w:" ~?0!10<;..A:;;Y5.... .................. 'iJ1,J /fl"" 11. ( .5 ... .. .. .. III ".c .......;i;~'~~~~~'" ~;;;'e ~~d title

CONTRACTOR

........ LTL Contracting Ltd.

j;i;;~f~2\<:::~~·: .. ···· .. ······· .. ·~····..... 'Ii""\'x~"'.\\f... ...u,...;')...'Jc:c....Mf55.I.(!t!'!:-:I.....name and title

S/~~.~t~r~ , , ;$;;~~;;;~~&f!~/(,~tV.!.4~~~~name and title name and title

N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for proof of authority toexecute this document, proof of such authority in the form of a certified copy of a resolution naming theperson or persons in question as authorized to sign the Agreement for and on behalf of the corporation orpartnership, parties to this Agreement, should be attached.

CCDC 4 - 1982

Standard Construction Document - CeDe 4 - 1982

DEFINITIONS

The following Definitions shall apply to all Contract Documents.

1. The Contract

The Contract Documents form the Contract. The Contract is the undertaking by the parties to performtheir respective duties, responsibilities and obligations as prescribed in the Contract Documents andrepresents the entire agreement between the parties. The Contract supersedes all prior negotiations,representations or agreements, either written or oral, including the bidding documents. The Contract maybe amended only as provided in the General Conditions of the Contract.

2. Contract Documents

The Contract Documents consist of the executed Agreement between the Owner and Contractor, theGeneral Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings andsuch other documents' as are listed in Article A-2 - CONTRACT DOCUMENTS including amendmentsthereto incorporated before the execution of the Contract and subsequent amendments thereto madepursuant to the provisions of the Contract and agreed upon between the parties.

3. Owner

The Owner is the person, firm or corporation identified as such in the Agreement and is referred tothroughout the Contract Documents as if singular in number and masculine in gender. The term Ownermeans the Owner or his authorized agent or representative as designated to the Contractor in writing butdoes not include the Consultant.

4. Consultant

The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architector Engineer licensed to practice in the province or territory of the Place of the Work, and is referred tothroughout the Contract Documents as if singular in number and masculine in gender.

5. Contractor

The Contractor is the person, firm or corporation identified as such in the Agreement and is referred tothroughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative as designated to the Owner in writing.

6. Subcontractor

A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform apart or parts of the Work, or to supply products worked to a special design according to the ContractDocuments. but does not include one who merely supplies products not so worked. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender.

7. The Project

The Project means the total construction contemplated of which the Work may be the whole or a part.

8. The Work

The Work means the total construction and related services required by the Contract Documents.

9. Products

Products means material, machinery, equipment and fixtures forming the Work but does not includemachinery and equipment used for preparation, fabrication, conveying and erection of the Work andnormally referred to as construction machinery and equipment.

10. Other Contractor

Other Contractor means a person, firm or corporation employed by or having a separate contract directlyor indirectly with the Owner for work other than that required by the Contract Documents.

eeDe 4 - 1982 File 00530 9

11. Place of the Work

The Place of the Work is the designated site or location of the Project of which the Work may be the wholeor a part.

12. Time

la) The Contract Time is the time stipuiated in the Contract Documents for Substantial Performance ofthe Work.

Ib) The date of Substantial Performance of the Work is the date certified as such by the Consuitant.Ic) Day means the calendar day.Idl Working day means days other than Saturdays, Sundays and holidays which are observed by the

construction industry in the area of the Place of the Work.

13. Substantial Performance of the Work

Substantiai Performance of the Work is as defined in the lien legislation applicable to the Place of theWork. If such legislation is not in force or does not contain such definition, Substantiai Performance of theWork shall have been reached when the Work is ready for use or is being used for the purpose intendedand is so certified by the Consultant.

14. Total Performance of the Work

Total Performance of the Work means when the entire Work, except those items arising from the provisions of GC 24 ~ WARRANTY, has been performed to the requirements of the Contract Documents andis so certified by the Consultant.

15. Changes in the Work

Changes in the Work means the deletion, extension, increase, decrease or alteration of lines, grades,dimensions, methods, drawings or materiais of the Work or part thereof, within the scope of the Workcontemplated by the Contract Documents.

16. Extra Work

Extra Work means any work or service, the performance of which is beyond the scope of the Workcontemplated by the Contract Documents.

10 CCDC 4 - 1982 File 00530

1.7

Standard Construction Document - CCDC 4 - 1982

THE GENERAL CONDITIONS OF THE UNIT PRICE CONTRACT(Hereinafter referred to as the General Conditions.)

GC 1 DOCUMENTS

1.1 The Contract Documents shall be signed in duplicate by the Owner and the Contractor.

1.2 The Contract Documents are complementary, and what is required by anyone shall be as binding as ifrequired by all.

1.3 The intent of the Contract Documents is to include the labour, products and services necessary for theperformance of the Work in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, covered by or properly inferable fromthe Contract Documents.

1.4 Words and abbreviations which have well known technical or trade meanings are used in the ContractDocuments in accordance with such recognized meanings.

1.5 References to the masculine or the singular shall be considered to include the feminine and the plural asthe context requires.

1.6 In the event of conflicts between Contract Documents the following shall apply:

la) figured dimensions shown on a drawing shall govern even though they may differ from dimensionsscaled on the same drawing,

Ib) drawings of larger scale shall govern over those of smaller scale of the same date,

(c) specifications shall govern over drawings,

(dl the General Conditions shall govern over specifications,

(e) Supplementary Conditions shall govern over the General Conditions, and

{fl the executed Agreement between the Owner and Contractor shall govern over all documents.

Notwithstanding the foregoing, documents of later date shall always govern.

The Contractor shall be provided without charge with as many copies of the Contract Documents or partsthereof as are necessary for the performance of the Work.

1.8

1.9

1.10

GC2

2.1

2.2

2.3

The Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of theWork, in good order and available to the Consultant and his representatives. This requirement shall not beconsidered to include the executed set of Contract Documents.

Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain hisproperty with the exception of the signed contract sets belonging to each party to this Contract. Suchdocuments and models are to be used only with respect to the \Nark and are nct to be used on other work.Such documents and models are not to be copied or revised in any manner without the written authorization of the Consultant.

Models furnished by the Contractor at the Owner's expense are the property of the Owner.

ADDITIONAL INSTRUCTIONS

During the progress of the Work the Consultant will furnish to the Contractor such additional instructionsto supplement the Contract Documents as may be necessary for the performance of the Work. Such instructions shall be consistent with the intent of the Contract Documents.

Additional instructions may be in the form of specifications, drawings, samples, models or other writteninstructions.

Additional instructions will be issued by the Consultant with reasonable promptness and in accordancewith a schedule agreed upon for such instructions.

ceDe 4 - 1982 File 00720 11

GC3

3.1

3.2

3.3

3.4

3.5

3.6

3.7

3.8

3.9

3.10

3.11

3.12

3.13

3,14

12

CONSULTANT

The Consultant will provide administration of this Contract as described in the Contract Documents.

The Consultant will be the Owner's representative during construction and until completion of anycorrection of defects under the provisions of GC 24 ~ WARRANTY, paragraph 24.2, or until the issuanceof the Certificate of Total Performance of the Work, whichever is later. The Owner's instructions to theContractor shall be forwarded through the Consultant. The Consultant will have authority to act on behalfof the Owner only to the extent provided in the Contract Documents, unless otherwise modified by writtenagreement in accordance with paragraph 3.13.

The Consultant will not be responsible for and will not have control or charge of construction means,methods, techniques, sequences or procedures, or for safety precautions and programs required for theWork in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for or have control or charge over the acts oromissions of the Contractor, his Subcontractors, or their agents, employees or other persons performingany of the Work.

The Consultant will visit the site at intervals appropriate to the progress of construction to familiarizehimself with the progress and quality of the Work and to record the data necessary to establish the payquantities under the Schedule of Contract Unit Prices.

Based on the Consultant's observations and his evaluation of the Contractor's applications for payment,the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts, as provided in Article A-4 ~ PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS.

The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documentsand the judge of the performance thereunder by both parties to the Contract. Interpretations and decisionsof the Consultant shall be consistent with the intent of the Contract Documents and in making his decisions he will not show partiality to either party.

Claims, disputes and other matters in question relating to the performance of the Work or theinterpretation of the Contract Documents shall be referred initially to the Consultant in writing for decisionwhich he will give in writing within B reasonable time.

The Consultant will have authority to reject work which in his opinion does not conform to therequirements of the Contract Documents. Whenever he considers it necessary or advisable he will haveauthority to require special inspection or testing of work whether or not such work be then fabricated, installed or completed. However, neither the Consultant's authority to act nor any decision made by himeither to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, his Subcontractors, or their agents, employees or other persons performing any ofthe Work.

The Consultant will review and take appropriate action upon the Contractor's submittals such as shopdrawings, product data, and sam pies, in accordance with the requirements of the Contract Documents.

The Consultant will prepare change orders in accordance with the requirements of GC 11 - CHANGES INTHE WORK AND EXTRA WORK.

The Consultant will conduct inspections to determine the date of Substantial Performance of the Workand Total Performance of the Work in accordance with the requirements of GC 14 - CERTIFICATESAND PAYMENTS. He will receive and review written warranties and related documents required by theContract and provided by the Contractor and will forward such warranties and documents to the Ownerfor his acceptance.

If the Owner and the Consultant agree, the Consultant will provide at the site one or more projectrepresentatives to assist the Consultant in carrying out his responsibilities. The duties, responsibilities andlimitations of authority of such project representatives shall be as set forth in writing to the Contractor butshall in any event provide for the timely recording of the data necessary to establish the pay quantitiesunder the Schedule of Contract Unit Prices.

The duties, responsibilities and limitations of authority of the Consultant as set forth in the ContractDocuments will not be modified or extended without the written consent of the Owner, the Contractor andthe Consultant.

In the event of the termination of the employment of the Consultant, the Owner shall immediately appointa Consultant to whom the Contractor makes no reasonable objection and whose status under the Contractshell be that of the former Consultant.

ceDe 4 - 1982 File 00720

3.15

GC4

4.1

4.2

4.3

4.4

4.5

4.6

GC5

5.1

5.2

5.3

5.4

Nothing contained in the Contract Documents shall create any contractual relationship between theConsultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or otherpersons performing any of the Work.

DELAYSIf the Contractor is delayed in the performance of the Work by an act or omission of the Owner,Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary tothe provisions of the Contract Documents, then the Contract Time shall be extended for such reasonabletime as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursedby the Owner for reasonable costs incurred by the Contractor as the result of such delay.

If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or otherpublic authority and providing that such order was not issued as the result of an act or fault of the Contractor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extendedfor such reasonable time as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of suchdelay.

If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs(including lock-outs decreed or recommended for its members by a recognized contractors' association, ofwhich the Contractor is iI member or to which the Contractor is otherwise boundJ, fire, unusual delay bycommon carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond theContractor's control, then the Contract Time shall be extended for such reasonable time as the Consultantmay decide in consultation with the Contractor, but in no case shall the extension of time be less than thetime lost as the result of the event causing the delay, unless such shorter extension be agreed to by theContractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delaysunless such delays are as the result of actions by the Owner.

No extension shall be made for delay unless written notice of claim is given to the Consultant not later thanfourteen (14) days after the commencement of delay, providing however, that in the case of a continuingcause of delay only one notice of claim shall be necessary,

If no schedule is made under GC 2 - ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowedbecause of failure to furnish instructions until fourteen (14) days after a demand for such instructions hasbeen made and not then unless such claim is reasonable.

The Consultant will not, except by written notice to the Contractor, stop or delay the Work pendinginstructions or proposed changes in the Work.

OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT

If the Contr8ctor should be adjudged bankrupt, or makes a general assignment for the benefit of cieditorsbecause of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, withoutprejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee inbankruptcy written notice, terminate the Contract.

If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with therequirements of the Contract to a substantial degree and if the Consultant has given a written statement tothe Owner and Contractor that sufficient cause eXIsts, the Owner may notify the Contractor in writing thathe is in default of his contractual obligations and instruct him to correct the default in the five 151 workingdays immediately following the receipt of such notice.

If the correction of the default cannot be completed in the five 151 working days specified, the Contractorshall be in compliance with the Owner's instructions if he:

lal commences the correction of the default within the specified time, and

Ib) provides the Owner with an acceptable schedule for such correction, and

(c) completes the correction in accordance with such schedule.

If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner,without prejudice to any other right or remedy he may have, may:

lal correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or

(bl terminate the Contractor's right to continue with the Work in whole or in part or terminate theContract.

ceDe 4 - 1982 File 00720 13

5.7

5.6

5.5 If the Owner terminates the Contractor's right to continue with the Work under the conditions set out inthis General Condition, he shall:

(a) be entitled to take possession of the premises and products and utilize the construction machineryand equipment the whole subject to the rights of third parties, and finish the Work by whatevermethod he may consider expedient but without undue delay or expense, and

(b) withhold further payments to the Contractor until the Work is finished, and

(c) upon Total Performance of the Work, charge the Contractor the amount by which the full cost offinishing the Work as certified by the Consultant, including compensation to the Consultant for hisadditional services and a reasonable allowance as determined by the Consultant to cover the cost ofcorrections to work performed by the Contractor that may be required under GC 24 - WARRANTY,exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is lessthan the unpaid balance of the Contract Price, he shall pay the Contractor the difference, and

(dIan expiry of the warranty period, charge the Contractor the amount by which the cost of correctionsto his work under GC 24 - WARRANTY exceeds the allowance provided for such corrections, or ifthe cost of such corrections is less than the allowance, pay the Contractor the difference.

If a performance bond has been provided by the Contractor the provisions of this General Condition shallbe exercised in accordance with the conditions of such performance bond.

The Contractor's obligation under the Contract as to quality, correction and warranty of the workperformed by him up to the time of termination shall continue in force after such termination.

GC 6

6.1

6.2

6.3

6.4

GC 7

7.1

14

CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT

If the Owner should be adjudged bankrupt or makes a general assignment for the benefit of creditorsbecause of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may,without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee inbank(uptcy written notice, terminate the Contract.

If the Work should be stopped or otherwise delayed for a period of thirty (30) days or more under an orderof a court or other public authority and providing that such order was not issued as the result of an act orfault of the Contractor or of anyone directly or indirectly employed or engaged by him, the Contractormay, without prejudice to any other right Dr remedy he may have, by giving the Owner written notice,term inate the Contract.

The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in defaultof his contractual obligations if: .

(a) the Consultant fails to issue a certificate in accordance with the provisions of GC 14 - CERTIFICATES AND PAYMENTS, Dr

(b) the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awardedby arbitration or court, or

(c) the Owner violates the requirements of the Contract to a substantial degree and the Consultant can·firms by written statement to the Contractor that sufficient cause exists.

The Contractor's written notice to the Owner shall advise that if the default is not corrected in the five 151working days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy he may have, stop the Work Dr terminate the Contract.

If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paidfor all work performed in accordance with the Schedule of Contract Unit Prices and for loss sustainedupon products and construction machinery and equipment and such other damages as the Contractormay have sustained as a result of the termination of the Contract.

DISPUTES

Differences between the parties to the Contract as to the interpretation, application or administration ofthis Contract or any failure to agree where agreement between the parties is called for, herein collectivelycalled disputes, which are not resolved in the first instance by decision of the Consultant pursuant to theprovisions of GC 3 - CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the requirements of this General Condition.

eeoc 4 - 1982 File 00720

GC10 SUBCONTRACTORS

10. 1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect towork to be performed under subcontract and to:

(a) enter into contracts or written agreements with his Subcontractors to require them to perform theirwork in accordance with and subject to the terms and conditions of the Contract Documents, and

Ib) be as fully responsible to the Owner for acts and omissions of his Subcontractors and of personsdirectly or indirectly employed by them as for acts and omissions of persons directly employed by him.

The Contractor therefore agrees that he will incorporate the terms and conditions of the ContractDocuments into all subcontract agreements he enters into with his Subcontractors.

10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by theOwner at the signing of the Contract.

10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require theContractor to employ one of the other subcontract bidders.

10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall beadjusted by the difference in cost and mark-up occasioned by such required change.

10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he mayreasonably object.

10.6 The Consultant may, upon reasonable request and at his discretion, provide to a Subcontractorinformation as to the percentage or quantity of the Subcontractor's work which has been certified forpayment.

10.7 Nothing contained in the Contract Documents shall create a contractual relationship between aSubcontractor and the Owner.

GC 11 CHANGES IN THE WORK AND EXTRA WORK

11.1 Changes in the Work:Except as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK,paragraph 12.4:

lal the Owner, through the Consultant, without invalidating the Contract, may make Changes in theWork with the Contract Price and Contract Time being adjusted accordingly by written order, and

Ibl no Changes in the Work shall be proceeded with without a written order signed by the Owner and noclaim for a change in the Contract Price or change in the Contract Time shall be valid unless soordered and at the same time valued or agreed to be valued as provided in GC 12 - VALUATIONAND CERTIFICATION OF CHANGES IN THE WORK.

ii .2

GC12

12.1

12.2

16

Extra Work:lal The Owner may offer the Contractor Extra Work. If the terms and conditions for the performance of

the Extra Work are agreed upon, the Owner, through the Consultant, shall issue a written changeorder amending the Contract Price and Contract Time as appropriate, or a written order to proceeduntil a price and change in time are agreed upon by the parties and a change order can be issued.

VALUATION AND CERTIFICATION OF CHANGES IN THE WORK

If the type of work involved in a Change in the Work is included in the items contained in the Schedule ofContract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph Ie), it shall be performed on the samepayment basis as the original Work except as described in paragraphs 12.7 and 12.8, and the ContractTime shall be extended for such time as the Consultant may decide in consultation with the Contractor.

If the type of work involved in a Change in the Work is not included in the items contained in the Scheduleof Contract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph Ic), or is such as to alter the natureor intent of the work included in this Schedule, the value of such change shall be determined in one ormore of the following methods:

la) by estimate and acceptance in a lump sum;

(b) by unit prices agreed upon;

Ic) by cost and a fixed or percentage fee;

Id) by variation of the Contract Unit Prices.

eeDe 4 - 1982 File 00720

7.4

7.5

7.6

7.7

GC 8

8.1

GC 9

9.1

9.2

9.3

9.4

9.5

The claimant shall give written notice of such dispute to the other party no later than thirty (30) days afterthe receipt of the Consultant's decision given under GC 3 - CONSULTANT, paragraph 3.7. Such noticeshall set forth particulars of the matters in dispute, the probable extent and value of the damage and therelevant provisions of the Contract Documents. The other party shall reply to such notice no later thanfourteen (14) days after he receives or is considered to have received it, setting out in such reply hisgrounds and other relevant provisions of the Contract Documents.

If the matter in dispute is not resolved promptly the Consultant will give such instructions as in his opinionare necessary for the proper performance of the Work and to prevent delays pending settlement of thedispute. The parties shall act immediately according to such instructions, it being understood that by sodoing neither party will jeopardize any claim they may have. If 'it is subsequently determined that suchinstructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractorcosts incurred by the Contractor in carrying out such instructions which he was required to do beyondwhat the Contract Documents correctly understood and interpreted would have required him to do,including costs resulting from interruption of the WOrk. •

It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights orrecourses, provided he has given the notices in accordance with paragraph 7.2 and has carriad out theinstructions as provided in paragraph 7.3.

If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to theContract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordancewith the provisions of the arbitration legislation of the Place of the Work.

If no provision or agreement is made for arbitration then either party may submit the dispute to suchjudicial tribunal as the circumstances may require.

In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following thedispute in accordance with the aforegoing settlement of dispute procedures.

ASSIGNMENT

Neither party to the Contract shall assign the Contract or a portion thereof without the written consent ofthe other, which consent shall not be unreasonably withheld.

OTHER CONTRACTORS

The Owner reserves the right to let separate contracts in connection with the Project of which the Work isa part, Or do certain work by his own forces.

When separate contracts are awarded for different parts of the Project, or work is performed by theOwner's own forces, the Owner shall:

(a) provide for the co-ordination ot'the work of his own forces and of each separate contract with theWork of this Contract, and

(bl ensure that insurance coverage is provided to the same requirements as are called for in GC 20-I NSURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractoras it affects the Work of this Contract.

The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors andconnect as specified or shown in the Contract Documents. If there is a change in the scope of the work required for the planning and performance of this co-ordination and connection, the changes shall beauthorized in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value ofthe changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OFCHANGES IN THE WORK.

The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work whichwould affect the Work of this Contract immediately they come to his attention and shall confirm suchreport in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner byreason of the deficiencies of Other Contractors' work except as to those of which he was not reasonablyaware.

The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Projectarising from the work of Other Contractors.

eeoc 4 - 1982 File D0720 15

12.3

12.4

12.5

12.6

12.7

12.8

12.9

12.10

GC 13

13.1

13.2

13.3

13,4

GC14

14.1

When a Change in the Work covered by paragraph 12.2 is proposed or required the Contractor shallpresent to the Consultant for approval his claim for a change in the Contract Price and change in ContractTime with appropriate documentation in a form acceptable to the Consultant. The Consultant will satisfyhimself as to the correctness of such claim and, when approved by the Owner, a change order shall beissued to the Contractor amending the Contract Price and Contract Time as appropriate. The value ofwork performed in the change shall be included for payment with the regular certificates for payment.

In the case of Changes in the Work to be paid for under methods Ib) and (cl of paragraph 12.2, the form ofpresentation of costs and methods of measurement shall be agreed to by the Consultant and Contractorbefore proceeding with the change. The Contractor shall keep accurate records, as agreed upon, ofquantities or costs and present an account of the cost of the Change in the Work, together with voucherswhere applicable.

If the method of valuation, measurement, change in Contract Price and change in Contract Time cannotbe promptly agreed upon, and the change is required to be proceeded with then the Consultant in the firstinstance will determine the method of valuation, measurement and the change in Contract Price andContract Time subject to final determination in the manner set out in GC 7 - DISPUTES. In this case theConsultant will, with the consent of the Owner, issue a written authorization for the change setting out themethod of valuation and if by lump sum his valuation of the change in Contract Price and Contract Time.

In the case of a dispute in the valuation of a change authorized in the Work and pending finaldetermination of such value, the Consultant will certify the value of work performed in accordance with hisown evaluation of the change and include the amount with the regular certificates for payment. TheContractor shall keep accurate records of quantities and cost of such work.

Should the actual quantity of an item in the Schedule of Contract Unit Prices referred to in Article A-3 CONTRACT PRICE, paragraph Icl, vary by more than 15% of the estimated quantity, either the Owner orthe Contractor may request a revision to the Contract Unit Price contained in the Schedule. Such a request for a revision in a Contract Unit Price shall be given as soon as reasonably possible after the partyconcerned becomes aware of the circumstances.

If a revision to a Contract Unit Price is negotiated, then;

lal the revised unit price in the case of a decrease of more than 15% of the estimated quantity will applyto the actual work performed for that item, and

(b) the revised unit price in the case of an increase of more than 15% of the estimated quantity will applyto the excess quantity of work for that item only.

If either party requests renegotiation of a Contract Unit Price, both parties agree to act promptly in order toarrive at an equitable revision of the Contract Unit Price prior to proceeding with the work so affected. Ifagreement of such renegotiation cannot be reached, the Contractor shall proceed with the work and thematter shall be subject to final determination in the manner set out in GC 7 - DISPUTES. Pending suchsettlement, payment for the work performed shall be made on the regular certificates for payment on thebasis of the Contract Unit Piices.

It is intended in all mallers referred to above that the Owner, the Consultant and Contractor shall actpromptly.

APPLICATIONS FOR PAYMENT

Applications for payment on account may be made monthly as the Work progresses.

Applications for payment shall be dated the last day of the agreed monthly payment period and theamount claimed shall be for the value of work performed and products delivered to the Place of the Workat that date.

Applications for payment for products delivered to the Place of the Work but not yet incorporated into theWork shall be supported by such evidence as the Consultant may reasonably require to establish the valueand delivery of the products.

Applications for release of holdback monies foilowing Substantial Performance of the Work and theapplication for final payment shall be made at the time and in the manner set forth in GC 14 CERTIFICATES AND PAYMENTS.

CERTIFICATES AND PAYMENTS

The Consultant will, no later than ten 1101 days after the receipt of an application for payment from theContractor submitted In accordance with GC 13 - APPLICATIONS FOR PAYMENT, issue a certificate forpayment in the amount applied for or in such other amount as he determines to be properly due. If theConsultant amends the application, he will promptly notify the Contractor in writing giving his reasons forthe amendment.

ceDe 4 - 1982 File 00720 17

14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of ArticleA-4 - PAYMENT no later than fifteen (151 days after the issuance of a certificate for payment by the Consultant.

14.3 The Consultant will, no later than ten (101 days after the receipt of an application from the Contractor for acertificate of Substantial Performance of the Work, make an inspection and assessment of the Work toverify the validity of the application. The Consultant will, no later than seven 17) days after his inspection,notify the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant finds that Substantial Performance of the Work has been reached he will issue such a certificate.The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately following the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultationwith the Contractor, will establish a reasonable date for the Total Performance of the Work.

14.4 Immediately following the issuance of the certificate of Substantial Performance of the Work theConsultant will issue a certificate for payment of holdback monies. The holdback monies authorized bythis certificate shall become due and payable on the day following the expiration of the statutory limitationperiod stipulated in the lien legislation applicable to the Place of the Work or where such legislati on doesnot exist or apply in accordance with such other legislation, industry practice or such other provisionswhich may be agreed to between the parties, providing that the Owner may retain out of such holdbackmonies any sums required by law to satisfy any liens against the Work or other monetary claims againstthe Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner asworn statement that all accounts for labour, subcontracts, products, construction machinery and equipment and other indebtedness which may have been incurred by the Contractor in the SubstantialPerformance of the Work and for which the Owner might in any way be held responsible have been paid infull except holdback monies properly retained.

14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certified thatthe work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Performance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractoron the day following the expiration of the statutory limitation period for such Subcontractor stipulated inthe lien legislation applicable to the Place of the Work.

14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificatesthe Contractor shall ensure that such work is protected pending the Total Performance of the Work and beresponsible for the correction of defects in it regardless of whether or not they were apparent when suchcertificates were issued.

14.7 The Consultant will, no later than ten 1101 days after the receipt of an application from the Contractor forpayment upon Total Performance of the Work, make an inspection and assessment of the Work to verifythe validity of the application. The Consultant will, no later than seven (71 days after his inspection, notifythe Contractor of his approval or the reasons for his disapproval of the application. When the Consultantfinds that Total Performance of the Work has been reached he will issue a certificate of Total Performanceof the Work and certify for payment the remaining monies due to the Contractor under the Contract lessholdback monies which are required to be retained. The date of Total Performance of the Work shall be asstated in this certificate. Subject to the provisions of GC 18 ~ WORKERS' COMPENSATIONINSURANCE, paragraph 18.1 the Owner shall, no later than fifteen (15) days after the issuance of suchcertificate, make payment to the Contractor in accordance with the provisions of Article A-4 - PAYMENT.

14.8 The release of the remaining holdback monies shall become due and payable on the day following theexpiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of theWork, or where such legislation does not exist or apply in accordance with such other legislation, industrypractice or such other provisions which may be agreed to between the parties, providing that the Ownermay retain out of such holdback monies any sums required by law to satisfy any liens against the Work orother monetary claims against the Contractor and enforceable against the Owner and that the Contractorhas submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products,construction machinery and equipment and other indebtedness which may have been incurred by theContractor in the Total Performance of the Work and for which the Owner might in any way be heldresponsible have been paid in full except holdback monies properly retained.

14.9 If because of climatic or other conditions reasonably beyond the control of the Contractor there are itemsof work that cannot be performed, payment in full for work which has been performed as certified by theConsultant shall not be withheld or delayed by the Owner on account thereof, but the Owner maywithhold until the remaining work is finished only such monies as the Consultant determines are sufficientand reasonable to cover the cost of performing such remaining work and to adequately protect the Ownerfrom claims.

18 eeoc 4 - 1982 File 00720

14.10 No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work bythe Owner shall constitute an acceptance of work or products which are not in accordance with the re-quirements of the Contract Documents. --

14.11 All certificates issued by the Consultant shall be to the best of his knowledge, information and belief. Byissuing any certificate the Consultant does not guarantee the correctness or completeness of the Work.

14.12 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of theWork, the Owner expressly waives and releases the Contractor from all claims against the Contractorincluding without limitation those that might arise from the negligence or breach of contract by theContractor except one or more of the following:

(a) those made in writing prior to the date of Total Performance of the Work and still unsettled;

(bl those arising from the provisions of GC 19 - INDEMNIFICATION or GC 24 - WARRANTY;

In the Common Law provinces GC 14. 12(c) shall read as follows:

(c) those made in writing within a period of six years from the date of Substantial Performance of theWork, as set out in the certificate of Substantial Performance of the Work, or within such shorterperiod as may be prescribed by any limitation statute of the province or territory of the Place of theWork and arising from any liability of the Contractor for damages resulting from his performance ofthe Contract with respect to substantial defects or deficiencies in the Work for which the Contractor isproven responsible.

As used herein "substantial defects or deficiencies" means those defects or deficiencies in the Workwhich affect the Work to such an extent or in such manner that a significant part or the whole of theWork is unfit for the purpose intended by the Contract Documents.

In the Province of Quebec GC 14. 12(cl shall read as follows:

(c) those arising under the provisions of Article 1688 of the Civil Code.

14.13 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of theWork, the Contractor expressly waives and releases the Owner from all claims against the Owner includingwithout limitation those that might arise from the negligence or breach of contract by the Owner exceptthose made in writing prior to the Contractor's application for payment upon Total Performance of theWork and still unsettled.

14.14 Notwithstanding GC 1 - DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions ofthis General Condition and Article A-5 - RIGHTS AND REMEDIES paragraph (a) or GC 22 - DAMAGESAND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern.

GC 15 TAXES AND DUTIES

15.1

15.2

15.3

GC 16

16.1

16.2

16.3

Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government salestaxes, customs duties and excise taxes with respect to the Contract.

Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable tothe Contract, the procedure shall be as established in the Supplementary Conditions.

Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the dateof the tender shall increase or decrease the Contract Price accordingly.

LAWS, NOTICES, PERMITS AND FEES

The laws of the Place of the Work shall govern the Work.

The Contractor shall obtain the permits, licences and certificates and pay the fees required for theperformance of the Work which are in force at the date of tender closing, but this shall not include theobtaining of permanent easements or rights of servitude.

The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations,codes and orders of the authorities having jurisdiction which are or become in force during theperformance of the Work and which relate to the Work, to the preservation of the public health, and toconstruction safety,

CCDC4 -1982FileOO720 19

16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance withthe applicable laws, ordinances, rules, regulations and codes relating to the Work. If the ContractDocuments are at variance therewith, or changes which require modification to the Contract Documentsare made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse~

quent to the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc~

tion immediately such variance or change becomes known to him. The Consultant will make the changesrequired to the Contract Documents in accordance with GC 11 - CHANGES IN THE WORK ANDEXTRA WORK and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.

16.5 If the Contractor fails to notify the Consultant in writing and obtain his direction as required in paragraph16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes andorders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct theviolations thereof and shall bear the costs, expense and damages attributable to his failure to comply withthe provisions of such laws, ordinances, rules, regulations, codes and orders.

GC 17 PATENT FEES

17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of theContract. He shall hold the Owner harmless from and against claims, demands, losses, costs, damages,actions, suits, or proceedings arising out of the Contractor's performance of the Contract which areattributable to an infringement or an alleged infringement of a patent of invention by the Contractor oranyone for whose acts he may be liable.

17.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions,suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable toan infringement or an alleged infringement of a patent of invention in executing anything for the purposeof the Contract, the model, plan or design of which was supplied to the Contractor as part of the ContractDocuments.

GC 18 WORKERS' COMPENSATION INSURANCE

18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance ofthe Work, the Contractor shall provide evidence of compliance with the requirements of the province orterritory of the Place of the Work with respect to workers' compensation insurance including paymentsdue thereunder.

18.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall providesuch evidence of compliance by himself and his SUbcontractors.

GC 19 INDEMNIFICATION

19.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents andemployees from and against claims, demands, losses, costs, damages, actions, suits or proceedings bythird parties that arise out of, or are attributable to, the Contractor's performance of the Contract(hereinafter called "claims"), provided such claims are:

tal attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property,and

(bl caused by negiigent acts or omissions of the Contractor or anyone for whose acts he may be iiabie,and

(c) made in writing within a period of six years from the date of Substantial Performance of the Work, asset out in the certificate of Substantial Performance of the Work, or within such shorter period as maybe prescribed by any limitation statute of the province or territory of the Place of the Work.

The Owner expressly waives the right to indemnity for claims other than those stated above.

19.2 The obligation of the Contractor to indemnify hereunder shall be limited to one million dollars peroccurrence from the commencement of the Work until Substantial Performance of the Work andthereafter to an aggregate limit of one million dollars.

19.3 The Owner shall indemnify and hold harmless the Contractor, his agents and employees from and againstclaims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor'sperformance of the Contract which are attributable to a lack of or defect in title or an alleged lack of ordefect in title to the Place of the Work.

19.4 Notwithstanding GC 1 - DOCUMENTS paragraph 1.6, in the event of conflict between the provisions ofthis General Condition and Article A-5 - RIGHTS AND REMEDIES paragraph (a) or GC 22 - DAMAGESAND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern.

20 eeoc 4 - 1982 File 00720

GC20

20.1

INSURANCE

Without restricting the generality of GC 19 - INDEMNIFICATION, the Contractor shall provide, maintainand pay for the insurance coverages listed in this General Condition unless otherwise stipulated:

(a) General Liability Insurance:

General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultantwith limits of not less than one million dollars inclusive per occurrence for bodily injury, death, anddamage to property including loss of use thereof, with a property damage deductible of five hundreddollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be maintained continuously from commencement of the Work until twelve (12) months following the date ofSubstantial Performance of the Work, as set out in the certificate of Substantial Performance of theWork, or until the certificate of Total Performance of the Work is issued, whichever is the later, andwith respect to completed operations coverage for a period of not less than twenty-four (241 monthsfrom the date of Total Performance of the Work, as set out in the certificate of Total Performance ofWork, and thereafter to be maintained for a further period of four (4) years. Should the Contractordecide not to employ Subcontractors for operations requiring the use of explosives for blasting, or piledriving or caisson work, or removal or weakening of support of property, building or land; CCDCForm 101 as required shall include Endorsement CCDC Form 101-2.

Ib) Automobile Liability Insurance:

Automobile liability insurance in respect of licensed vehicles shall have limits of not less than onemillion dollars inclusive per occurrence for bodily injury, death, and damage to property, in the following forms endorsed to provide the Owner with not less than fifteen 1151 days written notice in advanceof any cancellation, change or amendment restricting coverage:

(1) Standard non-owned automobile policy including standard contractual liability endorsement.

(2) Standard owner's form automobile policy providing third party liability and accident benefitsinsurance and covering licensed vehicles owned or operated by or on behalf of the Contractor,

lei Aircraft and Watercraft Liability Insurance:

Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraftif used directly or indirectly in the performance of the Work, including use of additional premises, shallbe subject to limits of not less than one million dollars inclusive per occurrence for bodily injury, death,and damage to property including loss of use thereof and limits of not less than one million dollars foraircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policiesshall be endorsed to provide the Owner with not less than fifteen 1151 days written notice in advanceof cancellation, change or amendment restricting coverage.

Idl Property and Boiler Insurance:

11 I All risks property insurance shall be in the joint names of the Contractor, the Owner and the Consultant, insuring not less than the sum of the amount of the Estimated Contract Price and the fullvalue, as stated in the Supplementary Conditions, of products that are specified to be providedby the Owner for incorporation into the Work, with a deductible not exceeding one percent of theamount insured at the site of the Work, The form of this insurance shall be the latest edition ofCCDC Form 201 and shall be maintained continuously until ten 110) days after the date of TotalPerformance of the Work, as set out in the certificate of Total Performance of the Work.

(2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for notless than the replacement value of boilers and pressure vessels forming part of the Work, Theform of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained continuously from commencement of use or operation of the property insured and until ten (10) daysafter the date of Total Performance of the Work, as set out in the certificate of Total Performanceof the Work.

(3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty 1301 days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Priorto such use or occupancy the Contractor shall notify the Owner in writing of the additionalpremium cost, if any, to maintain property and boiler insurance, which shall be at the Owner'sexpense. If because of such use or occupancy the Contractor is unable to provide coverage, theOwner up'on written notice from the Contractor and prior to such use or occupancy shall provide,maintain and pay for property and boiler insurance insuring the full value of the Work, as insubparagraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use oroccupancy and shall provide the Contractor with proof of such insurance, The Contractor shallrefund to the Owner the unearned premiums applicable to the Contractor's polices upon termination of coverage.

eeoc 4 - 1982 File 00720 21

20.2

20.3

20.4

GC 21

21.1

21.2

21.3

22

(4) The policies shall provide that, in the event of a loss or damage, payment shall be made to theOwner and the Contractor as their rF:!spective interests may appear. The Contractor shall act onbehalf of the Owner and himself for the purpose of adjusting the amount of such loss or damagepayment with the Insurers. When the extent of the loss or damage is determined the Contractorshall proceed to restore the Work. Loss or damage shall not affect the rights and obligations ofeither party under the Contract except that the Contractor shall be entitled to such reasonableextension of Contract Time relative to the extent of the loss or damage as the Consultant maydecide in consultation with the Contractor.

(5) Payment for loss or damage:

The Contractor shall be entitled to receive from the Owner, in addition to the amount due underthe Contract, the amount at which the Owner's interest in restoration of the Work has beenappraised f such amount to be paid as the restoration of the Work proceeds and in accordancewith the requirements of GC 13 - APPLICATIONS FOR PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the;payments made by the Insurer the amount of the Contractor's interest in the restoration of theWork.

16) The Contractor shall be responsible for deductible amounts under the policies except where suchamounts may be excluded from the Contractor's responsibility by the terms of GC 21 PROTECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUALRESPONSIBILITY.

(7) In the event of loss or damage to the Work arising from the work or act of an Other Contractor,the Owner, in accordance with his obligations under GC 9 - OTHER CONTRACTORS,paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration of theWork proceeds and in accordance with the requirements of GC 13 - APPLICATIONS FOR PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS.

lei Contractors' Equipment Insurance:

All risks contractors' equipment insurance covering construction machinery and equipment used bythe Contractor for the performance of the Work, including boiler insurance on temporary boilers andpressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims bythe Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less thanfifteen (15) days written notice in advance of cancellation, change or amendment restrictingcoverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance ofhis equipment, the Owner agrees to waive the equipment insurance requirement.

Unless specified otherwise the duration of each insurance policy shall be from the date of commencementof the Work until the date of Total Performance of the Work, as set out in the certificate of" TotalPerformance of the Work.

The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work andshall promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance.

If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere inthe Contract Documents, then the Owner shall have the right to provide and maintain such insurance andgive evidence thereof to the Contractor and the Consultant. The cost thereof shall be payable by the Contractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due ormay become due to the Contractor.

PROTECTION OF WORK AND PROPERTY

The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of theWork from damage and shall be responsible for damage which may arise as the result of his operationsunder the Contract except damage which occurs as the result of:

la) errors in the Contract Documents;

Ib) acts or omissions by the Owner, the Consultant, Other Contractors, their agents and employees.

Should the Contractor in the performance of this Contract damage the Work, the Owner's property orproperty adjacent to the Place of the Work, the Contractor shall be responsible for the making good ofsuch damage at his expense.

Should damage occur to the Work or Owner's property for which the Contractor is not responsible asprovided in paragraph 21.1 he shall make good such damage to the Work and if the Owner so directs to theOwner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 CHANGES IN THE WORK AND EXTRA WORK and the value of the changes shall be determined ineccordance with GC 12 -VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.

ceDe 4 - 1982 File 00720

GC22 DAMAGES AND MUTUAL RESPONSIBILITY

22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglectof the other party or of anyone for whom he is responsible in law, then he shall be reimbursed by the otherparty for such damage. The party reimbursing the other party shall be subrogated to the rights of the otherparty in respect of such wrongful act or neglect if it be that of a third party.

22.2 Claims under this General Condition shall be made in writing to ·the party liable within reasonable time afterthe first observance of such damage and may be adjusted by agreement or in the manner set out in GC 7- DISPUTES.

22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon duenotice to settle with such Other Contractor by agreement or arbitration, if he will so settle. If such OtherContractor sues the Owner on account of damage alleged to have been so sustained, the Owner shallnotify the Contractor and may require the Contractor to defend the action at the Contractor's expense. If afinal order or judgment against the Owner arises therefrom the Contractor shall payor satisfy it and pay thecosts incurred by the Owner.

22.4 If the Contractor becomes liable to payor satisfy a final order, judgment or award against the Owner thenthe Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall havethe right to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction.

GC23

23.1

23.2

BONDS

The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents.

Such bonds shall be issued by a duly licensed surety company authorized to transact a business ofsuretyship in the province or territory of the Place of the Work and shall be maintained in good standinguntil the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest editionof the CCDC approved bond forms.

GC24 WARRANTY

24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that thedesign and specifications permit such performance.

24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects ordeficiencies in the Work which appear prior to and during the period of one year from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or suchlonger periods as may be specified for certain products or work.

24.3 During the period provided in GC 3 - CONSULTANT, paragraph 3.2, the Consultant shall promptly givethe Contractor written notice of observed defects and deficiencies.

24.4 The Contractor agrees to correct or pay for damage resulting from corrections made under therequirements of paragraph 24.2.

GC25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK

25.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Workso as to ensure conformance with the Contract Documents. He shall be solely responsible for constructionmeans, methods, techniques, sequences and procedures and for co-ordinating the various parts of theWork under the Contract.

25.2 The Contractor shall be solely responsible for construction safety at the Place of the Work ,and forcompliance with the rules, regulations and practices required by the applicable construction safety legislation.

25.3 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance andremoval of temporary structural and other temporary facilities and the design and execution of construction methods required in their use. The Contractor shall engage and pay for registered professionalengineering personnel skilled in the appropriate disciplines to perform these functions where required bylaw or by the Contract Documents and in all cases where such temporary facilities and their method ofconstruction are of such a nature that professional engineering skill is required to produce safe andsatisfactory results.

25.4 Notwithstanding the provisions of paragraphs 25.1 and 25.3, or provisions to the contrary elsewhere in theContract Documents where such Contract Documents include designs for temporary structural and othertemporary facilities or specify a method of construction in whole or in part, such facilities and methodsshall be considered to be part of the design of the Work and the Contractor shall not be held responsiblefor that part of the design or the specified method of construction. The Contractor shall, however, beresponsible for the execution of such design or specified method of construction in the same manner thathe is responsible for the execution of the Work.

ceDe 4 - 1982 File 00720 23

25.5

25.6

GC26

26.1

26.2

26.3

GC27

27,1

27.2

27,3

GC28

28.1

28.2

GC29

29.1

29.2

24

The Contractor shall review the Contract Documents and shall promptly report to the Consultant anyerror, inconsistency or omission he may discover. Such review by the Contractor shall be to the best of hisknowledge, information and belief and in making such rev~ew the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be I iable fordamage or costs resulting from such errors, inconsistencies or omissions in the Contract Documentswhich he did not discover. If the Contractor does discover any error, inconsistency or omissio n in theContract Documents he shall not proceed with the work affected until he has received corrected or missing information from the Consultant.

The Contractor shall prepare and update as required a construction schedule indicating the timing of themajor activities of the Work, The schedule shall be designed to ensure conformance with the requiredContract Time. The schedule shall be submitted to the Owner and the Consultant for their informationwithin a reasonable time from the date of Contract award. The Contractor shall monitor the progress of theWork relative to the schedule and advise the Consultant of any revisions required as the result of delays asprovided in GC 4 - DELAYS, indicating the results expected from the resultant change in schedule.

SUPERINTENDENCE

The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendanceat the Place of the Work while work is being performed,

The supervisor shall be satisfactory to the Consultant and shall not be changed except for good reason andonly then after consultation with the Consultant,

The supervisor shall represent the Contractor at the Place of the Work and instructions given to him by theConsultant shall be held to have been given to the Contractor. Important instructions shall be confirmed tothe Contractor in writing; other instructions shall be so confirmed if requested.

LABOUR AND PRODUCTS

Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and payfor labour, products, tools, construction machinery and equipment, water, heat, light, power, transportation and other facilities and services necessary for the performance of the Work in accordance with theContract.

Products provided shall be new unless otherwise specified in the Contract Documents. Products which arenot specified shall be of a quality best suited to the purpose required and their use subject to the approvalof the Consultant.

The Contractor shall maintain good order and discipline among his employees engaged on the Work andshall not employ on the Work anyone not skilled in the task assigned to him,

SUBSURFACE CONDITIONS

The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions atthe Place of the Work differ materially from those indicated in the Contract Documents, or a reasonableassumption of probable conditions based thereon.

After prompt investigation, should the Consultant determine that conditions do differ materially, he willissue appropriate instructions for changes in the Work in accordance with GC 11 - CHANGES IN TH EWORK AND EXTRA WORK, and the value of the changes shall be determined in accordance with GC 12-VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.

USE OF THE WORK

The Contractor shall confine his apparatus, the storage of products, and the operations of his employeesto limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonablyencumber the premises with his products.

The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that willendanger the safety of the Work.

CCDC4 -1982 File 00720

GC30

30.1

30.2

30.3

GC 31

31.1

31.2

31.3

31.4

GC32

32.1

32.2

32.3

32.4

., ..... rv..::. 0

GC33

33.1

33.2

33.3

CLEANUP AND FINAL CLEANING OF THE WORK

The Contractor shaH maintain the Work in a tidy condition and free from the accumulation of wasteproducts and debris, other than that caused by the Owner, Other Contractors or their employees.

Upon attaining Substantiai Performance of the Work, the Contractor shall remove his surplus products,tools, construction machinery and equipment not required for the performance of the remaining work. Heshall also remove waste products and debris other than that caused by the Owner, Other Contractors ortheir employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwisespecified.

Total Performance of the Work shall not be attained until the Contractor has removed his surpiusproducts, tools, construction machinery and equipment. He shall also have removed waste products anddebris, other than that caused by the Owner, Other Contractors or their employees.

CUTTING AND REMEDIAL WORK

The Contractor shall do the cutting and remedial work required to make the several parts of the Workcome together properly,

The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum.

Should the Owner, the Consultant, Other Contractors or anyone employed by them be responsible forill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedialwork shall be vaiued as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THEWORK.

Cutting and remedial w0rk shall be performed by specialists familiar with the materials affected and shallbe periormed in a manner to neither damage nor endanger the Work.

INSPECTION OF THE WORK

The Owner and the Consultant or their authorized agents or representatives shall at all times have accessto the Work. If parts of the Work are in preparation at locations other than the Place of the Work, theOwner and the Consultant or their authorized agents or representatives shall be given access to such workwhenever it is in progress.

If work is designated for speyial tests, inspections or approvals in the Contract Documents, or by theConsultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give theConsultant timely notice requesting inspection. Inspection by the Consultant shall be made promptly. TheContractor shall arrange for inspections by other authorities and shall give the Consultant timely notice ofthe date and time.

If the Contractor covers or permits to be covered work that has been designated for special tests,inspections or approvals before such special tests, inspections or approvals are made, given or completed,he shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed and makegood such work at his own expense.

The Consultant may order any part or parts of the Work to be specially examined should he believe thatsuch work is not in accordance with the requirements of the Contract Documents, If, upon examinationsuch work be found not in accordance with the requirements of the Contract Documents, the Contractorshall correct such work and pay the cost of examination and correction. If such work be found inaccordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and replacement.

The Contractor shall fumish promptly to the Consultant two (2) copies of certificates and inspectionreports relating to the Work.

REJECTED WORK

Defective work, whether the result of poor workmanship, use of defective products, or damage throughcarelessness or other act or omission of the Contractor and whether incorporated in the Work or not,which has been rejected by the Consultant as failing to conform to the Contract Documents shall beremoved promptly from the Place of the Work by the Contractor and replaced or re-executed promptly inaccordance with the Contract Documents at the Contractor's expense.

Other Contractors' work destroyed or damaged by such removals or replacements shall be made goodpromptly at the Contractor's expense.

If in the opinion of the Consultant it is not expedient to correct defective work or work not performed inaccordance with the Contract Documents, the Owner may deduct from the monies otherwise due to theContractor the difference in value between the work as performed and that called for by the ContractDocuments, the amount of which will be determined in the first instance by the Consultant.

ceDC 4 - 1982 File 00720 25

GC34

34.1

34.2

34.3

34.4

34.5

34.6

GC35

35.1

35.2

35.3

35.4

35.5

35.6

35.7

GC36

36.1

36.2

26

SHOP DRAWINGS

The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts,brochures and other data which are to be provided by the Contractor to illustrate details of a portion of theWork.

The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by theContract Documents or as the Consultant may reasonably request.

Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review theContractor represents that he has determined and verified all field measurements, field constructioncriteria, materials, catalogue numbers and similar data or will do so and that he has checked and coordinated each shop drawing with the requirements of the Work and of the Contrac.t Documents. TheContractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsibleperson.

The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptnessand in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If eitherthe Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for submission and return of shop drawings. Shop drawings shall be submitted in the form of reproducibletransparencies or prints as the Consultant may direct. At the time of submission the Contractor shall notifythe Consultant in writing of any deviations in the shop drawings from the requirements of the ContractDocuments.

The Consultant will review and return shop drawings in accordance with any schedule agreed upon, orotherwise with reasonable promptness so as to cause no delay. The Consultant's review will be forconformity to the design .concept and for general arrangement only and such review shall not relieve theContractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting allrequirements of the Contract Documents unless a deviation on the shop drawings has been approved inwriting by the Consultant.

The Contractor shall make any changes in shop drawings which the Consultant may require consistentwith the Contract Documents and resubmit unless otherwise directed by the Cr,nsL.:~ant. When resubmitting, the Contractor shall notify the Consultant in writing of any revisions other than those requested bythe Consultant.

CASH ALLOWANCES

The Estimated Contract Price includes cash allowances stated in the Contract Documents and itemized inthe Schedule of Contract Unit Prices.

Cash allowances, unless otherwise specified, caver the net cost to the Contractor of services, products,construction machinery and equipment, freight, unloading, handling, storage, installation and otherauthorized expenses incurred in performing the work stipulated under the cash allowances.

The Contract Unit Prices, and not the cash allowances, include the Contractor's overhead and profit inconnection with such cash allm·\lances,

Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall becompensated for any excess incurred and substantiated plus an allowance for overhead and profit as setout in the Contract Documents.

The Estimated Contract Price shail be adjusted by written order to provide for any excess or deficit to eachcash allowance.

Progress payments on account of work authorized under cash allowances shall be included in theConsultant's monthly certificates for payment.

A schedule shall be prepared jointly by the Consultant and Contractor to show when items called for undercash allowances must be authorized by the Consultant for ordering purposes so that the progress of theWork will not be delayed.

CONTINGENCY ALLOWANCE

The Estimated Contract Price includes the contingency allowance, if any, stated in the ContractDocuments and itemized in the Schedule of Contract Unit Prices.

Expenditures under the contingency allowance shall be authorized in accordance with GC 11 CHANGES IN THE WORK. AND EXTRA WORK, and the value shall be determined in accordance withGC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.

CCDC4 - 1982 File 00720

DIVISION a - BIDDING AND CONTRACT REQUIREMENTSSupplementary General Conditions Section 00800Highway 72 Water & Sewer Servicing

Municipality of Sioux Lookout· 07029 PAGE 1

The General Conditions of the Unit Price Contract, Canadian Standard Construction Document CCDC 4 -1982. shall be considered complete only as amended and supplemented by the followingSupplementary General Conditions.

These Supplementary General Conditions are part of the Contract Documents.

AGREEMENT

ARTICLE A - 4 PAYMENT

Insert in (a) such that it reads as follows, "... subject to a holdback of TEN percent (10%)."

Insert in (c) such that it reads as follows, " .. interest of PRIME + ONE percent (PR.IME +1%) per annum. "

DEFINITIONS

4. Consultant

Add to this paragraph:, "Within the specifications and documents the Consultant may bereferred to as the Engineer. The names are to be read synonymously"

GENERAL CONDITIONS

GC13 APPLICATIONS FOR PAYMENT

13.7 Add General Condition No. 13.7 to read as follows:"All applications for payment that include a request for materials on site that are notincorporated in the work at the time of request shall be accompanied by suppliers invoicesand freight weighbills for said materials, and a spreadsheet summary noting materials,items, quantities, and costs .. "

GC14 CERTIFICATES AND PAYMENTS

Revise item 14.2 from "fifteen (15) days" to read "thirty (30) days"

Delete items 14.3,14.4,14.8, and 14.9. Add items 14.15 to 14.37, inclusive as follows:

14.15 This Contract shall be deemed substantially performed 'In accordance with theConstruction Lien Act when the Work is;

.1 ready for use or is being used for the purpose intended: and

KEEWATIN-ASKI LTD. .m..

DIVISION a -BIDDING AND CONTRACT REQUIREMENTSSupplementary General Conditions Section 00800Highway 72 Water & Sewer Servicing

Municipality of Sioux Lookout - 07029 PAGE 2

.2 capable of completion or. where there is a known defect, correction. at a cost of notmore than;

.1 3% of the first $500,000 of the Contract Sum.

.2. 2.% of the next $500,000 of the Contract Sum .

.3 1% of the balance of the Contract Sum.

14.16

14.17

14.18

14.19

14.20

14.21

Where the work or a substantial part thereof is ready for us or is being used for thepurposes intended and the remainder of the Work cannot be completed expeditiouslyfor reasons beyond the control of the Contractor or, where the Owner and theContractor agree not to complete the Work expeditiously, the price of the services ormaterials remaining to be supplied and required to complete the Work shall bededucted from the Contract Sum in determining substantial performance.

Prior to advising the Consultant that the Work is substantially performed, the Contractorshall undertake an inspection of the Work with his forces and those Subcontractors ortheir representatives as he may require.

Upon completion of this inspection a list of all uncompleted and unsatisfactory workshall be prepared by the contractor and issued to all those concerned. A copy shall beforwarded to the Consultant.

The Contractor and all those concerned shall proceed with the uncompleted work andremedy those parts considered unsatisfactory as expeditiously as possible.

When the Contractor has determined the project meets the requirements of substantialperformance, as defined above, he shall then make a written application to theConsultant for a Certificate of Substantial Performance.

This application shall include;

.1 a statement to the Owner through the Consultant to the effect that.

.1 the Contract is SUbstantially performed; and

.2. the performance of the balance of the Contract is in process and totalperformance is scheduled for the day of;

.2 a statement showing the amount of holdback monies due for release and paymentfollowing the issue of the Certificate of Substanflai Performance .

.3 the Contractor's invoice for payment. together with definite evidence by means ofStatutory Declaration in the form provided by the Consultant that all accounts.assessments and levies in connection with the Work under the contract have beenpaid: that no claims. liens or encumbrances exist: and that all requirements inconnection with the Workmen's Compensation Act or other social or labour

KEEWATIN-ASKI LTO. it\"

DIVISION a -BIDDING AND CONTRACT REQUIREMENTSSupplementary General Conditions Section 00800Highway 72 Water & Sewer Servicing


legislation and all other liabilities of the Contractor have been paid.

A a list of operating instructions, maintenance manuals, spare parts and materials,and those things which are required by the Owner in order to be able to properlyoperate the premises.

.5 a statement of completion with cost values of:

.1 work to be completed included work found by the Consultant to beunsatisfactory;

.2 outstanding items referred to above;

.3 work which cannot be performed for reasons beyond the control of theContractor.

14.22

14.23

14.24

1425

14.26

Within ten (10) days of receipt of this written application the Consultant shall carry outthe inspection together with any consultants as he may require, the Contractor and anySub-contractor deemed necessary by the Contractor, and the Owner's representatives.

In the event that the Consultant deems the completion of the Work does not qualify forissuance of the Certificate of Substantial Performance, he shall so notify the Contractorin writing within five days of his inspection and give his reasons for the non-acceptance.The Contractor shall complete the Work necessary to comply with the requirements ofsubstantial performance as herein before defined, and re-submit his application. TheConsultant shall make a re-inspection within ten (10) days of the notification_ TheContractor is responsible for all consultant costs associated with re-inspections_

On the application of the Contractor, the Consultant shall determine whether theContract has been substantially performed. Where he so determines, he shall certifythe Substantial Performance_

.1 the Consultant shall set out in the Certificate the date on which the Contract wassubstantially performed _

_2 where the Consultant certifies the substantial performance of a Contract he shall,within seven (7) calendar days of the Day of the Certificate is signed, give or senda copy of the Certificate to the Owner and to the Contractor.

.3 the Contractor shall publish a copy of the Certificate once in a construction tradenewspaper.

The Contractor's application for a Certificate of Substantial Performance and therelease of holdback monies, shall be submitted separaleiy from his application forregular progress payments; the latter shall continue to be made throughout the durationof the Contract

The date on which a copy of the Certificale of Substantial performance is published in

KEEWATIN-ASKI LTD. ~..

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTSSupplementary General ConditionsHighway 72 Water & Sewer Servicing

Municipality of Sioux Lookout - 07029

Section 00800

PAGE 4

a construction trade newspaper shall be the commencement of the forty-five (45) dayperiod prior to the release of holdback monies.

The Contractor's and his Sub-contractor's forces shall continue to work towards totalcompletion during the forty-five (45) day period mentioned above. The 10% holdbackshall be paid to the Contractor as follows:

1. 7% (less the value of any deficient work) after the expiration of 45 days from thedate of Prelimnary Acceptance.

2. 3% at the termination of the Guaranteed two (2) year Maintenance Period.

14.27

14.28

14.29

14.30

14.31

14.32

14.33

14.34

When the Contractor receives his copy of the Consultant's Certificate of SubstantialPerformance, the Contractor shall immediately deliver to the Consultant all operatinginstructions, maintenance manuals, as built drawings, spare parts and material, andthose things which are required by the Owner in orderto properly operate the premises;delivery of these items will facilitate the release of holdback monies on the expiry offorty-five (45 days from the date of pUblication of the copy of the Certificate ofSubstantial Performance.

The Consultant shall prepare the Certificate of Payment of the lien holdback moniesand promptly upon receipt of the documentation, as listed above, required for therelease of these monies, issue the Certificate to the Owner, with a copy to theContractor. This Certificate shall be dated one day after the termination of the forty-five(45) day period.

The Owner shall, subject to prior claims and existing liens, make payment of the lienholdback monies fifteen (15) days after the termination of the forty-five (45) day period.

Before expiry of the forty-five (45) day period, all forms of insurance shall be reviewedjointly by the Consultant and the Contractor to ensure adequate coverage for all parties.

When the Contractor is satisfied that the entire Work is completed, and after makinghis own inspection, he shall make a written request for a final inspection by theConsultant, who in turn shall notify the Owner This inspection shall be carried outwithin ten (10) days of the request, and completed as qUickly as possible, and shallconstitute the 'Inspection precedent to the issuance of the final certificate of payment.

The final inspection team shall include the Consultant and such Consultants as he mayrequire, the Contractor, and any Sub-contractors deemed necessary by the Contractor,and the Owner's representatives.

If there are any deficiencies determined by this inspection, they shall be listed by theConsultant and provided to the Contractor. This list shall be recognized as the finaldeficiency list for the purpose of acceptance of the Work under the Contract.

Such deficiencies shall be corrected by a date mutually agreed upon between theConsultant and the Contractor, unless a specific date is required by the Contract. anda reinspection by the Consultant shall be called for by the Contractor following his own

KEEWATIN-ASKI LTD. i4

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTSSupplementary General Conditions Section 00800Highway 72 Water & Sewer Servicing


inspection to take place within seven (7) days from the date of request.

1435

14.36

The Contractor shall thereafter submit his invoice for final payment together withdefinite evidence by means of a Statutory Declaration in the form provided by theConsultant that all accounts. assessments and levies in connection with the Workmen'sCompensation Act or other social or labour legislation and all other liabilities of theContractor have been paid.

Subject to prior claims and existing liens, final payment shall be made to the Contractorno later than fifteen (15) days after the term'lnation of the forty-five (45) day lien period.

GC20 INSURANCE

20. i General Liabilitv Insurance

Amend the first line to read" ... shall be in the joint names of the Contractor, the Owner, theConsultant and the Mortgage Lender with limits ...".

GC21 PROTECTION OF WORK AND PROPERTY

Revise Item 21.1 (a) to read:

"... , errors in the Contract Documents, provided the Contractor has taken reasonable protectiveprecautions."

Revise Item 21.1 (b) to read:

"... , provided the Contractor has taken reasonable protective precautions."

GC24 WARRANTY

Revise Item 24.2 by:

1. substituting "Total" for "Substantial" at each occurrence in 24.2:2. Adding the following paragraph:

"The Contractor shall be responsible for the maintenance of all trenches for a periodof two (2) years from the date of total completion. Any settlement or shrinkageduring this period will be made good by the Contractor at his own expense. Thisshall'lnciude making good any other works affected."

Revise Item 24.3 by adding:

"Should the Contractor fail to comply promptly with a wriiten notice given by theConsultant. the Owner may. 48 hours after a further written noiice to the Comractor,

KEEWATIN-ASKI LTD. ~..



perform the necessary Work, which costs shall be payabie by the Contractor to theOwner,"

Add Item 24,5

"The Contractor does by this agreement assign to the Owner all warranties that mightbe furnished to the Contractor by the Product Suppliers and Subcontractors during thecourse of the Work with respect to the Work,"

GC25 CONTRACTOR'S RESPONSIBILITY AND CONTROL OF THE WORK

Item 25,5

After "", omissions in the Contract Documents" delete "", which he did not discover." andinsert "except to the extent that a careful examination would have disclosed them,"

Add item 25.7:

"In order to avoid any misunderstanding as to the nature of the work to be performed herein,the Contractor, by executing the Contract unequivocally acknowledges that he is theConstructor within the meaning of the Construction Safety Act, 1973 and amendments thereto,"

GC29 USE OF THE WORK

Add item 29,3

"The Owner shall have the right to enter and occupy areas of the new work in whole or in partbefore substantial performance of the Contract if, in the opinion of the Consultant, such entryand occupation does not prevent or interfere with the progress of the Work within the time andconditions specified Such entry and occupation shall not be considered as acceptance of theWork or in any way reiieve the Contractor from his responsibilities to complete the Contract."

GC34 SHOP DRAWINGS

Add item 34,7:"Details of shop drawings submissions are specified in Section 01300 and in the variousDivisions of the Specifications,"

GC38 OPERATIONAL RISKS

38,1 Damage, loss, expense and delay incurred or experienced by the Contractor in theperformance of the Work, by reason of unanticipated difficulties, bad weather. strike,

KEEWATIN-ASKI LTD, ~"



wars. acts of God. or other mischances. shall be borne by the Contractor and shall notbe the subject of a claim for additional compensation.

38.2 The position of existing pole lines, conduits, watermains, sewers and other undergroundand overground utilities and structures is not necessarily shown on the ContractDrawings, and where shown, the accuracy of the position of such utilities and structuresis not guaranteed, Before starting Work, the Contractor shall inform itself of the exactlocation of such utilities and structures and shall assume liability for damage to themUnless otherwise specified, the Contractor shall support such utilities and structures,or temporarily remove the, and restore them, to the satisfaction of the owners of theutilities and structures.

END OF SECTION

KEEWATIN-ASKI LTO. ~

;jlj!--l]-c.v'.;r -1~U ~lJ;l,J'v hn f'.t.tWfd~f\-P;~:;q :::>LKl, d,,\ HG, 807 737 3875 p, 05/t 7

c- OlVISiON 0 - BiDDiNG AND CCNT;;:ACT R2QUiR2M=NTSTenqar Form (Addendum No.3) Section 00310Highw:ay 72 Ware," & Sewer S~rvlcina

Mwnicfo~lfty of Slcu;;: LC<::lkuut - C7C29

Tend~r by:

Paoe 1

LTLContracting Ltd. ,""",.",,,,,,,, "" , "."" '''' ", " ,,,,, .. , .. ''''','' ,,"'" " " ' , "'" , ,

(DaGle)

1186 Russell St. Thunder Bay, ON P7B 5N2"',." ,.,"",.,." , , ,'.".", .. ".".,.'.. ,.', , , ".,.,.""",.,.,.. " , .. , "" .. ,., , .. , "" ..

(address)

TO: Hlgh~ay 72 Water & Sewer SsrvktngSIoux Lookout, OntarioMunicipality of Sioux LookoutAttention: Mar<y MacKenzie - lVIunicipal ClerkP.O. Box 158Sioux'Lookout, OntarioP8T1A4

,r-' GENTLEMEN:

1. \Na have car~i!J!lv ex·amined the information for~T6(jdefers, the .form of Aareement. t~e

GeiJerai CondWons, the Supple,r.1entary CcncH'tlons, the Spe;fffcations ancrtrle Dfav,'ingsinclUding Addenda Nes, "".'... ..... to . .5."" .." inclusive (herein collectively cailed tr,elIContia.etl! or IIContiact Documentsll

) TJ?r:

, CONSTRUCTION OF WATEf'(MAIN EXTENSIONS, GRAVITY & LOW PRESSURE, SANITARY S:::WER INSTALLATIONS, SANiTARY LIFT STATION, AND SANITARY: FORCEMAIN, W,';TER AND SEWER SERVICES.

(herein called the "work") and also the sits of the worK, and hereby tender to enter into aContractto provide and pay for all labour, mat~rialsl equipment and services required, and to

do 011/ that is necessary for the execution of the work as called for by the, said ContractDoouments and DraWings in the manner prescribed \hsrein and in accordance with the

. t· 'h ~' ('" ,. , d' 'h " '\,-{ th < " ,reqUlremen S aT tIle cn-glneeras ,-<ediJa In ~i e I""\g.reemenl) un.....er I em IQr the amoUn.l:

.Z.~~.,'~(,~~ (. ~~,)."?2~:f~~ ..4 ~~~t!L? .. 1.~~'!!.?~:-:,~. #, ~:.~~~. ~:~~~:~~:':":s ,,(0~~ ..,!:! .l->~45'1;

,,:J.!~~:2. _,. !V:'~'f:.7/", .!.~~:-:',(,., q~~:,:~~.",:,..~-:-:::. ,!?~~:'?,.f!.~'!.. r:;;~~;::/. ....($ ..g,j.:JH..~ ,nf" :,~)-2.~)

which ·total has be.sn calcwl2.ted using the c':)st breakdown of prices' and inducias GST.

~

" The tsnders·r must inssii the numbers of the. addend;:: received and c·::,nsidsrcd inprap~rjng the tender.

Uv ,- LD- £'CUU, 'nu I U, U~ tirl httWM I 11~-M0~ j ;:'L~ I. rHX NU, i:lUI l:if :ii:llb p, 06117

DIVISION 0 • BIDDING AND CONTRACT REQUIREMENTSTender Form (Addendum No, 3) Section 00310Highway 72 Water & Sewer ServicingMunicipality of Sioux Lookout - 0702{1 Page 2

2. With the tender we are providing Tender Deposit in the form of a Bid Bond in theamount of $JJ,IX'O .;.S'%k'.1l:led by /MJC77-U'1'2:> G"+f'~~"'T",G or a CertifiedCheque payableO!o'ih'Etl5wn.t'rin the amount of $ _

3. We understand that this project must be completed, ready for Substantial Completion,on or before June 30'h, 2008 and Final Inspection on or before July 1411

\ 2008.

If our tender is accepted we agree to start work on-site no later than 14 days afterContract Award and to work vigorously and continuously to complete the project asspecified in the previous paragraph.

4. LIST OF SUB-CONTRACTORS

We submit herewith a list of sub-contractors whom we propose to employ for theperformance of such portion of the work as indicated. We have investigated thefollowing sub-contrOlctors and confirm thOlt they are reliable and competent to cOlrry outthe work satisfactorily. It is agreed that there will be no aubstitution in sub-contractorswithout the approval of the Consultant having been previously' obtained in writing.

LIST OF SU8"CONTRAGTORS.. _.. _.

SUB-TRADE I NAME OF ADDRESS OF VALUE OFSUB-CONTRACTOR SUB·CONTRACTOR SUS·CONTRACT

l-5' m c-CM,!}"JiC./tL fS- ~rD;< 7fN.v.;Jo''2- 13''i - /orQ.C\:.,.-v

rLocrl1./UJ-l.... V;;N ,,<st-'-j - Po ...",2v' ;;;.J-.-.-{)~&rt,

NOTE: If it is the Contractors intention to use more than one sub-contractor for any of thesub-trades, he is to SUbmit the nOlme of each and to indicate the portion or portions of the work tobe provided by each. For all sub-trades not listed abOve but required for the completion of thewOlk, the sub-trade will be considered by Contractors "Own Forces".

6, We understand and agree that all applicable Federal, Pravineial and Municipgjtaxes, permits and fees are our responsibility and are included in our tenderprice See Section 00100, Item 8.2.

5, If our tender is accepted, it is understood and Olgreed that we will, within ten days ofnotific:otion of Contract AWOlrd provide:

a) Performance Bond and Labour Olnd Matsriais Payment Bond in accordance withSection 00100· Instructions to Bidders,

VVI 1U C.UUf 11lU lU'Uv nIl 1\c..::"l'-mlllj-i1;)hl ;:'U\.!, rHI\ NU, bU i r:J ( ,,0 (~ p, 07117

DIVISION 0 - BIDDING AND CONTRACT ,REQUIREMENTSTender Form (Addendum No.3) Section 00310Highway 72 Water & Sewer Servicing

MuniclpaHty of SlcuX LooKout· 07CZS Fa ge 3

b) Insurance in accordance with the Ge<1eral Conditions,

c) Workmen's Compensation Board Clearance.

7. If our tender is accepted it is agreed that we will execute (if called upon to do so), aformal contract based on the terms ,and conditions contained in these: documentswithin 30 days of Contract Award.

" 8, It is understood and agreed that on the event of this tender being accepted within 60calendar days of the time stated for closing of tenders and our failing or declining toenter into a contract in accordance with the terms of our tender, our security depositwill be forfeited to the Owner or if in the form of a bid bond, the bonding companyshall be liable in accordance with the terms of the bond, in lieu of any damages towhich the Owner may be entitled by reason of our failure to enter into such acontract, and it shall not be necessary to prove any special damages,

g, To do any extra work not COVered by the Schedule of Unit Prices which may beordered by the ConSUltant, and to accept as full compensation therefore, such pricesas may be agreed upon in writing by t)le Consultant and the Contractor inaccordance with paragraph GC12 of'the General Conditions - valuation andCertification of Changes in the work.

OCT-19-2007 FRI 04: 11 PH KEEWATIN-ASKI SLKT,~- ---_. FAX NO, 807 737 3875 P, 02/07

lender Farm (A\ldendum No, II) DIVISIO" 0 - 6IDDI"G AND CO "TRACT REOUIREMc"TS S'Bction 00310

- - ,111 OPTION 'A' - MAINLINE INSTALLATION BY HORIZONTAL DIRECTIONAL DRILLING

ITEM UN.IT TOTALNO. O!:::SCR1PTION QTY UNIT PRIC~ PRICE

ISSCT,ON A ~ GENERAL REoUIREMENTS I,

Al) Mobiljz.<ltlon 1 L.S. s ?5,CJco.co is 35.000.-00A2} Bonding & Insurance

I1 L.S. S ')'-' k>O.a>' :N·.H:n.o<o

A3) Contractor' 5 A:::~mmodstlDn .& MI:Ia!s 1 L,S'I' 7~ Cf'fJ. CO' 7i.J CXD·COM} SupervlGiol'l , L.S. £ b~ y:v.CO~ 6Y5=·coAS) SIlO Ottice, Security, 11ealth &. Si'lieLy , L.S. S 1. \ ceo.co £ 1\ DOD. CDAG) IMst8rl~1 re::>ting Allow<lnce 1 L.S. ~2.5,OOQ S25,OOO

A7) Hydro and Bell Allowance 1 L.S. $10,000 !f10,OOO

J A6) Icommlssioning , LS. • 5,CCo,(X) ~ 5.dXJ· 601 A7) OemabUiz:allon 1 L.S. 1$ i 'D,5co.co • 18': 500. CO

TOTAL. SECTION. A - GEN i::RAL REQU.II:::.EMENTS $ '::1.-71 7 - ,00§I"CTION B MSEWAGE COLl.ECTION I

. ,f $oni",ry Sawermoln, ZOO mm ala., OR35 pvc. doep bury:

IFrom: Manhole No. ~o Manhole No. IIto H 75.5 G.i _ $ ~C!5.o0 I" 15, L\11-j'o._-.

I. ·~~t

~?'5·oo I> :1,937,.So.~._-

i l"noSPS '12,51 '" I~' ;iF 1200 mm die Manhole' oIWicame. cover, "cap' and ""k'jlll

I"Manhcl!:! No."

H 1 80. 110,5=, CO I' 6500.00,I 1 ea. " 7ao.Q) , 7.OCXJ.oo

s, Low Prs/iSurc Sa[lh~ry SewermElln, HDPE DR11, -:leep blJl)' I

• 7S mm dia. I 720 m I" 'J1.co • 58';3:)0·00M 50 mm dla, 95 m $ /0'6. 00 s /0 J62(OCJ• 36 mm dia. 23 m S '3/= • I. 'if63,cO

84 75 mm X SO mm HOPE reOUCer I , 88. ~ ICO.CO IS j{X).oa

I 8S 50 mm x ::IS mm HPPE radu::er I 1 eo. $ J'o,co Is lro.COBsl prn M G<1sr Concrel~ Maint13nance Hole cJw flClme, cover,

Istmp:l aM F3s.:::I~fill

WAC #1: 1,200 mm dla. dw flushing !grmlnals & fitiings 1 ea. S C:;;6co.(Os 0,600. <DO

I AC #2.: 1,BOO [l'Im dla, ::/w 3~llushlng lerminals, 3-50 mm1

I ea. •/~pOO.CO r. j~/OCO.OOb~1I v~lve5 & fIttings

\ AC #3.: 1,BOO mm dll3, ~/w 3M fjushlng t~nninals, 3-75 mm I I, s /'"' Is J3oOQ,(f)O,

ee.bllil valvaE &. Ottlr'lgs 5;O<O!l.OO , ,

IAC l'J.4: l,ZlO mm diOl. elWllu.sllin9 terminals & fittings i 1 I oa. " 76CO, CO II 7,?'OO.OO

K;1'00 mm 14") PVC SalVie, Une I '4 I m ~ 156,00 '. iJOL/-OO Isa ~ao mm x 200 mm x 100 mrn tee , ea. 1$ !Go,OO Is . i.fiJO.OOIB9 138 mm OIa. Sonilary Sa"":' L"eraIE. DR) I l·lOPS. deep

I 236 m • ,:){v. CO Is {;/;3£O,00 II

bLiry

I.010 ,3B mm diEi. Curb StlP S. Sox <!!'l~ 0l,5>-[, '/5[,:;: I l' I e.a, s 5 L10. CC' Is 1/ 3'-/0,00I611 !3S mm di::.. Cht;;:I: VGlve I 21 I 5a. Is 4!Jo,00 I· '?5,Y9Q,1CO I

OCT-I9-2007 FRI 04: 11 PM KEEWATIN-ASKI SLKT, FAX NO, 807 737 3875 P, 03/07

Ten~er Form (Ad::iElndum ND. 4) . DIVISION 0 • 31DOING ANO CONTRACT REQUIR~MENTS Section 00310

.~

:?-~JCD.Cb ' 00i~I . I- ~,-\,CQ!,1

'150 mm isolation gate '!ji;[ve & box, 150 mm dia. DR11 nypas~ piping and fltllngs, 2-125 x 150 reduceTE

I I. 61:'! I~srih Exca\{(:ltion and deWatering L~~l, 1,3'&0·= IS 13'coCO I

IB"lprec,;! Con"a'" Sanitary LiH slallon cJw baCl:lllland siie 1 L.S. '00,O"JD.= s 00,£CD,€Ograding

IB1 ~ 150 mm die. HOPE DR' 1 j:;mergency Overflmv Plp~ 2' m (, 1&O,cJO ,;';QDO.OO

iSubmersible sewage pumps cIw piping, control,; &. \

• /iO; DO O'11'IS1S in5tallaUon

1 LS. //c.;OOO#OO

F Gle:::tri::al & Bell {~uppIY and Install cable to hydro pole & Sell1 L.S. • ,;2-6 u 00· <>~15' .;I.;:) 000 ~ 00

pedestal an 1~iGI1WElY 72 R.O,W,)

I Sl3wJge Station Farcem;;J.in By-pas.s Conne::\jan rJ", 20 m-

1

817100 mm dla. HOP!:: DR11 pipe, 2-100 mm V&B, 1-

1 L,S, • 7°co,ex::> , '1;000. CO100x100x100 wye, 1-M dsg. Bend, com:rBIB cnamber,frqrna & cover,

B18lS1tlnd-bY Diesel Generator Sst CJw 3U\O, tr:ans. ::.wllcn,1 LS, :ji /0,0<.10'-&(' S 70; ~00·0c.woatherproof ac.ousllcal ~nclosum., and faundCi11an

i 81. Sanna!)' Forcsmaln,

$ 1'i?L\ ,CO ';<,C\ C\ l~'6>coI 125 mm diEl., DR11, HOPE (directional Orilling) 2142 m •I 1fiD mm dia., DR11, liOPE (opan cut) 43 m

S /60,00 Is C j)3'0,001800 mm die.. Prs~Cast Concrete Air Relief Cha.mber cJw ,

820 frame 6: COlfsr, Iresl Glrap!;\:, PSX: Dlre~ DriVE! pipeconnector5 ,, Ac;Rt~1: Including 1-waslewalsrcomlilnalinn air valve, 3-

r""\' ---~._- -- -- I I I UI'-~IT I TOTAl.

I NO, D~SCRIPTION QTY UhllT I PRICE PRICE IIII _ ,__sanitary Lift S'Mlon: 1---.--1 I

1- 11

.!

ACR,#Z: InclUdIng 1--wf!.s!Bwaler combinallon air valve, 3r150 mrn 1&012l10l'l gale valve &. bo:<, 1S0 mm dla. DR'\1 bYP~UI5 pipln9 and flttlng-5., 2-125 x 1so reduc:l'l~3

I I; ~~)CCO,wl' 9--~ooo.oo

!?;23112S x '125 x 125 HDPE Tee I 5

:1 824 \ 150 rom Valve & 'BOX. cJw:2 - 150 x 125 mm Redu~8rG 1-----..:.I 0"'<: IConnect to Existing ~50 rom rorcemain with 150>:150:':125

...-~ Tee

ACR~3.: Including- 2·wa,siewaler c::Jmblnstian airVCllve, 3·150 mm and 3-75 mm Isolation gata valve & bm.:, 75 mmand 150 mm aiel. DR11 by-pass piping and fittings, 2· 1,5 x160 reducers

il' B21 190 deg 126 mm HDPE Bend

S:22145 dsg 125 mm HOPE. Band

l rOTAL SECTION'S. SEWAGE cOLLECTION

4

$ 2:1,OOOCO I' J,CjJCOO· 00

:: I: Y.50;co :-£'0:00 $

~Is 7:;0.00 ; _ ,0 J

ea. ,; &,700,00 $ .00

e. 11' 3}OCb. CO $ 3J ooo .oo, I, Q;Z '"i' 7:78. <:"-0

\0,00

~0CO.OO

:/7~730'OOc,"j 8>\1:,.00 ~

Is l.\ 1!)oO,001'

m

10

2246

I i\'ilco 00 ~C4 115QmmVtllv~ &. 130x I 5

I csl Fire HYdr.nt Sal eM 150 rom valve & bOx and le'd pipe I ", 108'eo.oo ,\ cs .300x3QOx150Te.e I '5 .~.') ~.OO

I C71300X300x300Tee , ,1) 9-.50 -00I Cs 1150 x :300 R~ducer 2 ~ GO·OO

Ii C9 122..5 deg. 300 mm PVC a!!nd 1 L500,oo IIC10 145 C:G;. 300 mm PVC Sane! I 4 i {YJO.. CO--_!-

aa.

i\S::'CTION c, WATEFZ DISTR!§UTION.

II Cl 1300 rom, OR1', HOPE W21ermain

il~ lSD rom, DR11, HDPE Walermflln

:!c;;l3QOmm V<tl ...ee. Bo:<

00T-19-2007 FRI 04:11 PM KEEWATIN-ASKl SLKT,--- - FAX NO, 807 731 3875 p, 04/01

,Tender form (Addendum Nc. 4) DIVISION 0 . BIDDING AND CONTRACT REQUIRElviENTS S:sction 003"\0

~ 0, !,w,c,m umnU''''K ".'e "DUI"o;,O",,,y, p,aC',Gompo:; I' 426 CU.I"l'l. I~i Jj...-J- \~. !)~, 07 1l 00, ana sn'p" I / " DO I CA""') 0 '1 • I'

05 50ml'l'llil.4AsphaIlPav&men!;9Upply,pl<lceandcompscl sq.m.l$ :J.....o,.C:C) .. q; £ I f)..'f50rc00 I

'TOTAL sECill."".lN D - ROADS AND SURFACE WORKS (Beech l."n~ & Dl"3y'1on Rg'ldl Is 11'3', bO'l.\ ,~o

I I I ' ,ITEM UNli iOTAL I

NO. DESCRIPTION Q11" UNIT I PRICS PRICE

Cl1 90deg.300mmPVC6end I 2 I eo. S /,&::0,= Is ').=0.00

C,ilsommHDPEDR11S"'lceline 16 I m I" /(,0.= Is /).,5Go.=!C13!25 mm HOPE OR11 Service Line 203 I m [5 /JID,C£) 5 L/:J.. 6.~o< 00

(C1<l.5DmmCurbStop&BQX 2 I 82., S r:ixJ--O:J $ (':tno·()(:)(:15 50 mm CorporEltlon MI.l\n SlOp 2 I ea. .$ S!;t:;), CO $ 6?£t0' 0<D

IC16125 rnm Curb Slap & Box I 22 I ea. $Lm, 00 , 9" 25Cl9. CO

fC;7 25 mm corporation M,in SlOp I 22 ea'. $ ,)7b.,00 $ ?\' 9-50. CO

CiS Connect Ie Bxisl!J'lQ waterrnsin f '~I$ ;.['i3'CD,OO $ &..1 g'C%). oC)

I C19 HydrostatiC,TaBling, Flur;hlng & Disinf13ctlon 1 ~.S. ft Cfcco.eo $ q ,Cl:.C(). 00

TOTAL SECTION C.WATEROISTRISUTION , 15'f/" '7,JO ,,:·0

ISiCTION D - ROADS AND SURFACE WOR.KS (ElIIQcn LaM anI:! Dri'lyton Road!

D1 Strip Ex]sllno Oll SurfacE! Troalment and Dispose Oft~Site 2JOO 61:j.rn. ~ },~ 1$ L)' ,0610 ..00

02 ~~BVClle EixlS:llng Granular EmbMkrnent Ii. Slocl~pile for Ra 1830 I Cu,m, $ 5:(/::) Is /(f>J J.. Yg~OO

D3 SUpplyaJ:ldPlaceCI:.;g~I,Non·WovenG6Qt8:dIlB 2340 ~q·m. S fA~5c> $ :5 oG,a ~:50

ID4- Re-construct 4SQ mm Granular 'B' Subbase Cours!3 uQing 1::::'8 ~,,,,, '" J _

StocKpiled Maler1al(ltem 02); plaGa, compa:::: end shape. " ...:,tm. ~ /C)~OO'~ 5.3£0,<::0l----r---· __ I I'

II\,SECTION E . PROVISIONAL PRIciNG

E1· Ro::::l: Excavatlon (<:: iOO cu.m) r ou.m , i,~oO,oO

E2 19 mm Crushed Slone ~ed(lit'lg (in-plC1ce) I I cu.m $ 50.coE3 Granular la' Fill (il\~placl'!l c;ompscled 10 OS% SPMDO) I I OU,rn $ 40,00

SECTION. A • GENERAl.. R=QUIR~MENiS ; f)..77,600.COS~CTIONa -SgWAGe. COLLECTION S 1,0:2,0, 7:7-g~oe>

I·SECTION C ~ WATER DISTRlaU'l"10N

ISECTION 0 - ROADS 'ANO SURFACE WORKS

S

s

SUBTOfAL - OPTION 'N I\s

g1-l, 7.70· v 0

~ \'3, 6f)Y, SO;J..;l..)·-3, 77.)., ~?

asrII,

ToTAL eSTIMATED CONtRACT PR1~E - OPtION 'A' 1\.$

.L 3 :>; ;;J.;l.f" g:J-~ 38"';' C Q-..,. __ v .,9/ 'i? d G :>

;,

"Insert IOi:al Ssiimatsd Contract Price - Oplkm 'A' on PaQ.e 1 af this Sectlon

OCT-19-2007 FRI 04:12 PM KEEWATIN-ASKI SLKT,---.-.-. FAX NO, 807 737 3875 p, 05/07

Tendei Form (Addendum No. 4-) DIV\SION 0 - SIDDING ANO CONTRACT Kt:QUIREMSNTS Section 00310

b OPTION '8' ;MAINLINE INSTALLATION BY OPEN TRENCH METHODS,

I ..I

ITEIIlI'UNIT

uNIT TOTAL

NO. DESCRIPTION NY PRICE:. PRIC!=.

SECTION A ~ Gt;/'lI':RAL REQUIREMENTS IIA1 lMobi,izallcn I , L,S. • .~

I A2 (BDndlng &. Insura["lG~ I , L.S. ~ 0

A3 IContractor' :S AcComm{]datlOli & Meals 1 I L,S, 0I~'

A< supeNlsion 1 I LS. $ •A6 Site Office, Security, HealUl $; Safsty I , I LS • :;

A6 IM0terial TSoling AllowancB 1 . L.S, $25,000 $26,000

A7 Hydro and Bell Allowance ,~

SiO,ODO $10',000

\ AS CommissIoning

I1 L.S, 0 \,

1M Demobiliz.atiDn 1 LS.'" "

TOTAL SECTION A ~ GENERAl.. REQUIREMENTS $

SECTlQN S • SEWAGE. COLLECTION1 I

al SanitClly Sewermsin, 200 mm diE., DR35 PVC, daap bUry: II i-rom: ManhOle No, to MMhole No, I I

I to H 75.5 m $

'"II IHIO~PS - 12,5 ! !n .~ S

I IIs"

.-._."ra, l'zOO mm dia M31)holes c!wlramo, oover, "raps ona ll,o,"11

"Manhall3 No.",

I~ I ,H;-I'"I 1 . SCiOl. q;

S' Low Pressure Sanitary Sewermain, HOPE DRl i, deep bury II - 75 mm dia, 720 m S 1$

• 50 rom dla. 96

Im $ I:;

I • 36 mm dla, Z, m I $

r &4 .175 mm x 50 mm HOPE rGdUC~i \ 1 eo. ~, •ES eiQ mm x 38 mm HOP~ reducer 1 1

1Ba. • ~

Se Pre-Cast Concr:::te Ml:lintenancfl Hol~ ciw framG, cover,

I Islrap' and Bockflll

AC #1.: 1,200 rnrn dii:\, C/w flu::;hl(l9 1~rmin8]6 &. fltUngs I 1 sa. S $UAC#2; ",,800 ,nm dio, clw3-flushlng ,erminals, J.50 mm1 I ea. S S

ball velvas &. fitllnOc

AC 1t3: ',8QO mm 61i:!, c/w 3·nushlng l;rmina]fi, 3-75 mm1 ea. Is 15 Iban ValvaE> & fit!lng~

i AC #4: 1,200 Inm diE!. C{W f\U~hjng lermin<ils: [" linIngs ! , 6<:1. 15 IsI"'

,! 87 1100 mm (4") PVC Sarvi:::e Line 34 I m $

's.a \ZDO mm x 200 mm l:: "\00 mm lee 3 I ea. Co,

I- I\ S9138 mm dILl.. Sanitary Service 1.3tei.:lls, DR1 "\ HOPE, ::lsep 2.35 m r, , Ibury

I!810133 mm dis. Curh Stop e.. 60t and Check Valve I 21 I ea. I, S ,I a"\~ 13 5-n'lmol:;.,Cil.=ckValve I " i Ga. is Is

"

I

OCT-18-2007 FRI 04: 12 Pii KEEWATIN-ASK[ SLKT.-_...- .. -_.-- FAX NO, 807 737 3875 P, 06/07

Tender form (Addendum No.4) DIVISION o· BIDDING AND CONTRACT RSQUIP,::MENTS Section 00310

[T~M

I \ UNIT

UNIT

ITOiAl I

NO, DESCRIPTION QrY PRICE PRICE ISanitary lift Sti1tion: ! I I

B12 \Eelr..h Excavation and dew~lering I 1 L.S. , ,61 s !pra::;<:Sl C::Jf'\cratc Ser.ilary LUt Slation eM bsckfiil and ~ile I \ 1...5. I· IsI "",dins

61'14 150 mm die. HDP[~ DR11 Emergency O....ert\ow Pipe 25 m S [5

1 B15Submersible :;~V/8ge pumps dw piping, contrals &. , L.S. , •in~l<lllalion "

~,6E:IElciric~1 & Bell (SUPplY and Install cabla to hydru pele & eelj

\ L,S, Is ,pe,de3\('l[ an HlghW~Y 7'1 R.O.W.). .

Sewage Slalion Porcemain By-Pass conne~Qn clw 20 ffi-

1617 100 mm dia. ~[DPE PR11 pIpe, 1-100 mm V&8, 1- , I.,S, , ,100xlO{)x10Q wye, i~DO des. Bend, cOl'lcrete chamber,frqme &. caver.

S,S Sla"d-by DleEol Generator ~el c/w aula. lran.'l.. 5wilGIi,\ l,S, 0 •woatherproof ac:oustical enCI05ure., and Inundation

i 819 Sanilsry Fotcem~in, 125 rnm dis., DR11, HOPE [

125 mm DR,11 HOP\:' Din:::tiofml Drill Highway 12. Cros::ilng e~ m

I" I'I 12:5 mm DR11 HDPEOpenTrAnth I 2049 m $ \:i 150 mm DR11 H[)PE Opan Trench 4, m •

1aoo mm dia. Prb·CG;st Concrete Air R!:lItOf Ch:ilmbar cJw I I820 fmme & covat, rmst 9lr3ps, pSX: Direct DrIve pipeC"~nllF.!L1nrfi ..

-jACR#1: InC~di~" 1-~asteViala,c,m"lnSiion alrvalve, 3·

I ,-- I

1Sa mrn Isolation gata valve & box, 1!,;O mrn dia. DR11 by- 1 .~ 3. . pas;:;: piping :.'Il1d fitlinOs, 2·125 x 150 reducBrs

ACRi':2: In::ludlng 1~wa~teWat8r cornblnriltl::Jn air valve, 3~

160 mm Isolatlon ga.m vt:llve &. box, 150 mm aia. DR11 'oy~ i " S,p~ss pipIng and fittings, 2·125 x 150 rsducsrs

ACR-::3: In::ludlflg 2-v.rsslew3tercomblnallon airval1J8, ';)-150 mm and 3·75 mm isolall:'Jn gate valva &. bo):., 75 mn'l

i $ $and '\50 mm dll,t DR11 by-p~~s piping al\c fittIngs, 2~ 1.25 x160 reduccrs

821]90 deg 125 mm liD?!:: Bene! 4 i Ba, IS ,113221.015 deS ,,,5 mm HDP613end , eo " [s

i S23 12Sx,25x12.SHDPETee 5 ea, S •ff 824

150-mm Velva e.. Box cJw 2 - 150 X125 mm Reducers 7 eel. I; • II B~~ Canne::t ta ~xi5tlng 1!SO mm farcemain with 150):1S0x125

I 1 e. I, $I -, Toe

I TOTAL SECTION S· SEWAGE: COLLESCTION SI

h::::CTION C -V·lATER pl~rRl!3UrrON I I [ II C1 l300 mm, DR11, I-IDPE. Waiarmtlin

\I Pirct(or"l<ll Drill Highway 72 Cro5sing::o (S;~ 0·]·:::5 to 0-25

I~ $ I,Ii BeBch Lane &. Sla O....14Q 10 0+192 Pine Ave) m

!

IsOpen Tr6r'l:h I 2HiO I m $

) C2.!15Q mm, OR11, HDPEW3lerrnain I 54 [ m , [s['I ' I

,I', I,C'J i:;QO mm Valve e. Sox 10 '0.

I ell \150 mrn ValvG & Go:.: I 6 I e~, [3 •I CS \Fira Hydranl Set dw 1SO mm v2lv", &- b::ix 2nd l~ad pipe I 11 I ee, [s Is I

I

OCT-j9-2007 FRI 04:12 PM KEEWRTIN-ASKI SLKT,.__. -. -'--'---. FRX NO, 807 737 3875 P, 07/07

Tender F~rm (Ad:;\endum No, I.) DIVISION 0 • 8lDDING A.ND CONTRACT REOUIRi::M2NTS Section OIJ'31Q

!ITEMI I UNIT I UNII

ITOTAL

IINO. DESCRIPTION QTY PRICE. PRICEI

, Co 300;0; 300 X 150 Te0 I 15 ea. I, I" 1

[ C7 300 x 300 J;: 30e Ti;:6 I 3 e~, $ I.I~ 150 ;;. JOO Reducet I 2

~I:$

C' 2:,5 dag. 300 mm pVC BEnd , S

i C10 <\5 dog, 3M mm pvC Bend 4 aa. • I:Cl1 ~o de-g. 300 mm pvc 8e"d 2 e~. 5

IC1 2 [SO mm rlDPE DR1 ,Servit;:e·Line 16 m $ I:H20 rnm HOPE DR,11 Sarvtee Line 203 m [sC\< 50 mm Curb Slop &. Box 2 I aa. "

,C15 50 rnm Corporation Main Stop 2 eG:. S

I"I C16 ):25 mm Curb Slop & BoX 22 ea, , S

C17 2!j mm corporal1on M~in Stop 22 ea. • I.C" G::ml'\e::llD a:dsllng wa\ermaiO

1, aa. $

\:Cl 9 !HyaroEilatlc Te:;l!inB, Fh.lShing &. Disinfectlon1

1 L.S. ,TOTAL SECTION C· WATER OISTRIBUTION •

I I\'

ISECTICN D - ROAnS AND SUR-CACE WORK'S

J 01 jStrip ExiG!tt,o ali SLJrfEG8T(e~tmentand Dispose Off-Site 8356 sq.nt $

I~---~- .. ..-. 0:2 ~~ava!~ ~xi!::lin~ Granular :mbankm~[lt & S\;-Cl,~le fo'r Re'·1 764~ -1 Gl,l.m.l~ ; -- .

03 Supply and Place Clas.s I, Non-Woven Geol13xUle I 1 '065 ~q,m. $ S .

ID4 Ra-con~trucl. 450 mm Granular 'B' SUbtHli;lB Course using

I (ZaG I cu,m, S ;Slodc;'Jlled Material (llam D2); placG, compact anc Shape

05/160 mm G~~nlilar 'A' Base COUrse; supply, pls~e, compact 2015 [lu.m. ",

and 9hapa .

De cO mm HL4 Asphalt Pavamenl: supply, place and c:::mpact I 2010 sq.m. $ ,D6 Double Surface Treaimeni (B.O m wide)

19SM ~q.m.

, $

I TOTAL SecTION D - ROADS AND SURFACE WORKS >

SEcrlON E • PROVISIONAL P~IC!NG1

'~[ Rock Ex.cav31lon (<::: 100 clI.mJ CU.m •L=J 18 mm Crushed Stone Bedding (In-pIa.::£» cu,m , I~ 1:,3 ICranulal"G' row (In-place ::;ompa:::ted b ge% SPlviDDJ

1 cU.m I" I[SUMMA"" :ii:::'"",,, ' "":<::,(':':"'''.'::i,: ':,:,: ''''CY;:;:,,}:'';:: :.' :;:/':'::: ,',:' , :"""::,":'- ;':i:; ·:;.:i'.t,jTkL:ESTiM~'i-EO::vAcliE:iwl::':::;:,::<::';::i:'ii;x i;.::;: :":-';': ':."; :";':'1

!SECTION A - GeNERAL REOUIR"MENTS I; II

j,SECTlON 8 - SEWAGE COLLECTION 1$ II

••liSECTION tI - ROAOS AND SURFACE WORKS

IL=~_II SU;TCTAC - OPTION'S' ~$ -- IiII _~l£... __ .__ __ ._ Ji

-- -- -~~~ ::J;I-~-= !

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PIVISION 0 - BIDDING AND CPNTRACT REQUIREMENTSTender Form (Addendum No.3) Section 00310Highway 72 Watar & Sewer Sarvicing

Mun[l":lpalll;f of S-iou", Lookout· 0702.9 Page 10

STATUTORY DECLARATION

DOMINION OF CANADACOUNTRY OF

TO WIT

(IN THE MATTER of a proposed(contract for the(Highway 72 Water 7 Sewer Servicing(Municipality of Sioux Lookout - 07029

Jamie Geils (Officer of the Company) DO SOLEMNLY SWEAR THAT1he several matters stated In the foregoing Tender are in all respects true.

And Jamie Geils make this solemn declaration, conscientiouslY believing it to be true,and knowing that it Is of the same force and effect as if made under oath, and by virtue of" TheCanada EVidenc'~lct ".

.--~ ..._-...

_______ ,this 19th

day of October

l: /l I

;~~, . J(!~~ ANN LOUISE GOODWIN., \l Commissioner, etc., District of

(A Commissioner, etc. or NotarmPufiillJi<1:lay, for the Construction Associationof Thunder Bay

Expires September 28, 2010.

Note: If tender is submiited by or on behalf of a corporstion, it must be signed in thename of the corporation, by a duly authorized officer or agent thereof, who shallsubscribe his own name and office. The seal of the Corporation shall also be"ffixed.

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DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTSTender Form (Addendum No.3) Sectlon 00310Highway 72 Water & Sewer ServicingMunicipality of Sioux Lookout· 07029 Page 11

CONTRACTOR'S QUALIFICATION STATEMENT

TOBE SUBMITTED WITH THE TENDER.AND USED IN TE:NDER EVALUATION

Submitted to the Municioality of Sioux Lookout

For the Project: Hiohway 72 Water & Sewer Servicino

Submitted bIt: . LTL Contracting Ltd.

Address: 1186 Russell St. Thunder Bay, ON p7B SN2

TENDERER'S ORGANIZATION IS:

A Corporation: Year Incorporated

or Provincial

Year Registered

Presj~Ent's Name

1981

Federal

PrDvince ...:1",,9;;;.8"-.1__

PrDvince

Scott MacLeod:~--.....,.

A Partnership:

Vice-President(s) Name(s)

Date of Organization

Names and Addressesof Partners

Jamie Gells

An Individual: _

Tenderer's organization has been in business as a Contractor in Canada for~ years.

Approximate volume in dollars of oonstruction 'Nark in Canada for past five years:

2004 $ 6 9 Mj J • :W05 $ 5 9 Mj l.

2003 $ 10 Mil. 2002 $ 7.7 Mil.

REFERENCES;

2005 $ 13 Mil. est.

Banking Scitiabank - Dan Freisting

8Gncing Canada Broker Link - Tony Rapino

L' LVI t I

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTSTender Form (Addendum No.3) Sectiot1 003iOHighwa~f72Water &. Sewer ServicIng:

Municipality of Sioux Lookout ~ 0702.9 Pane 12y

PRINCIPAL INDIVIDUALS IN THIS ORGANIZATION

List only present Principals or Organization in order of Construction t=.xperienc8,

-,

Individual's Name & Present Position Years Of In WhatProfessional Experience Capacity?Qualifications

Seot-t- u. _T -, Proe;noDt- ~"nr 7~,

II

I I

II I I

-,,,,I__C~

PAST PROJECTS

C~,..,~....1, -d'List_, __ • " .....1_' """_I .... ~~ ..... ~~"',...."J. ::::,'" ~ ....._~ "._ y _,_ '" -,'~-~,-<.

?r'~lect

\Owner

IConsultant I Year \ Contract

Comol=.ted Amount

~~~~ie Treatment IGoldeorp I Goldeorp 2007 I 4.2 'Mil.

j.,ift Station & I Bowater I Bowater 2006 I 1. 7 Mil.ForcemainWatermain Upgrades I City of I City of 2006 I 1. 7 Mil.Upgrades Thunder Bay 'Thunder BayWatermain and I~~ekerereek I First Nation 2004 I 1.5 Mil.Servi"'C>Q ; ret- N~t-i ~D 'Rnn;Door; Dn

New Water Plant IGull Bay I Grant Thorton 2004I

4.2 Mil., Consult-ant-"

I I I I-

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DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS.Tender Form (Addendum No.3) SectIon 00310

Highway 72 Water &-Sowor SONlcing

Municip21it'} of Sioux Looknut - 07029 -Page 13

PRESENT PROJECTS

, Canaddtl, tList

WTP - Water Treatment PlantSTP - Sewage Treatment Plant

CONTRACTOR'S PERSONNEL TO BE ASSIGNED TO THIS PROJECT

.. ,-. - , ,_.

Project Owner Consultant Year To Be ContractCompleted Amount

:::aramat WTP Upgrade Greenstone C.C. Tatham 2007 1.3 Mll.

liera.Ldton Sl'P Greenstone Marshall M <- 2007I 8.6 Mil.

IT Jnrrrades MonaahanIgnace \'iater Supply Ignace I Engineering 2007 3.8 Milk;;~+ Ir' '; 1 ,.1;:':;''''

_00- . -

II L ==j]

Name Position Years Of Construction'. I

Ex:oerience

Gamie Geils Project Manaqer I over 10 yrs,

F.<evin Fucile Site Supervisor I over 10 yrs

NOTE: Please use a blank sheet if additional space is required.

The answers to the foregoing questions and all statements therein c,:ontained are true andcorrect and will be utilized t7,ine the most qualified c:mtractor of the Tenders submitted.

Name of Organiz"tkm ;tTL c,0f);~racting Ltd.. .. f#+. ~",~,,,<Ji~ 3""" '~oJ.de"'This 23rd day of October 2007,

El'-iD OF SECTION

•TRAVELERSJTravelers Guarantee Company of Canada20 Queen Street West, Suite 300P.O. Box #6Toronto, Ontario Canada M5H 3R3www.travelersguarantee.com

BID BONDStandard Construction Document

ceDe 220 - 2002

No. 100007474-11 Bond Amount $25,000. + 5% OF TENDER PRICE

L.T.L. CONTRACTING LTO. as Principal, hereinafter called the Principal, and TRAVELERS GUARANTEE COMPANY OF CANADA

a corporation created and existing under the laws of CANADA and duly authorized to transact the business of Suretyship in CANADA

as Surety, hereinafter called the Surety, are held and firmiy bound unto MUNICIPALITY OF SIOUX LOOKOUT as Obligee, hereinafter

called the Obligee, in the amount of TWENTY-FIVE THOUSAND + 5% OF TENDER PRICE ($25,000. + 5% OF TENDER PRICE)

lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves. their heirs, executors,

administrators, successors and assigns, jointly and sev.erally.

WHEREAS, the Principal has submitted a written bid to the Obligee, dated 23RD day of OCTOBER, in the year 2007

for HIGHWAY 72 WATER AND SEWER SERVICING

The condition of this obligation is such that if the Principal shall have the bid accepted within the time period prescribed in the Obligee's

bid documents, or, if no time period is specified in the Obligee's bid documents, within SIXTY (60) days from the closing date as

specified in the Obligee's bid documents, and the Principal enters into a formal contract and gives the specified security, then this

obligation shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the

Principat and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount

for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former.

The Principal and Surety shall not be liable for a greater sum than the Bond Amount.

It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of this Bond.

No right of action shall accrue hereunder to or tor the use of any person or corporation other than the Obligee named herein, or the heirs,

executors, administrators or successors of the Obligee.

Principal

Name of person signing~~5(fD

_-/------~,~k--=- <1/ (//r J,~

ATTORNEY IN FACT

in the presence of

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed tb~ed 15TH day of OCTOBER, in the year

2007 / I})SIGNED and SEALED L.L(CONTRAa~2Gf,1.. 1///,/1

//'1//1

TRAVELERS GUARANTEE COMPANY OF CANADA

lSlSDlS Copyright 2002

Canadian Construction Documents Committee

Surety

T. J. RAPINO, A

(CeDe 220 - 2002 has been approved by the Surety Association of Canada)

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