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HomeMy WebLinkAbout2006-109 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006-109 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Wayne Electric Co. Limited, Carlisle, Ontario, to enter into agreement for the Harvey Jackson Ball Diamond Lighting. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Wayne Electric Co. Limited, Carlisle, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 15th day of May, 2006. By-law read a third time and finally passed this 15th day of May, 2006. /1l{(;~ ~on, Mayor &~. C.' Anne Greenf e, Deputy Clerk Standard construction document eeDe Clfll-!lJgton Municipality of Clarington EXECUTED CONTRACT Stipulated price contract Project: TENDER CL2006 -12 HARVEY JACKSON BALL DIAMOND LIGHTING rD'" ,. ~:!: ': ;:' , .. . ~; <wyaCCDC2c:opyrishtsmlhere. TheapJ6caliooof lbesea1dem.:mraleslbeimfdirJnofthe~.proposiIg lbeuseilllhis doaJmmthal it OOillllllnnll'! and ~fonnofCCOC2-1994~ktlbeeldeDt _..,.akeraIKm, alUiIimsoclllOdilil:Won; lire set fOrth m~~ [s[sD[s Canadian construction documents committee Reprint 1998 [s[sD[s Canadian construction documents committee The Canadian Construction Documents Committee is a joint committee composed of owners and representatives appointed by: The Association of Consulting Engineers of Canada The Canadian Construction Association Construction Specifications Canada The Royal Architectural Institute of Canada Committee policy and procedures are directed and approved by the constituent organizations. This document has been endorsed by each of the above organizations. Enquiries should be directed to: The Secretary Canadian Construction Documents Committee 75 Albert Street Suite 400 Ottawa, Ontario KIP 5E7 Tel: (613) 236-9455 Fax: (613) 236-9526 www.ccdc.org Standard Construction Document CeDe 2 . 1994 TABLE OF CONTENTS PART 4 GC4.1 GC4.2 AGH.ElMEI\T BETWEEN O\V'ER AND CONTRA.CrOR A-1 The Work A-2 Agreements and Amendments A-3 Contract Documents A-4 Contract Price A-5 Payment A-6 Receipt of and Addresses for Notices A-7 Language of the Contract A-8 Succession m:FI;\ilTlO:\S 1. Contract 2 Contract Documents 3 O~Yner 4 Contractor 5. Subcontractor 6. Supplier 7. Consultant 8 Project 9. Work 10 Place of The \Vork II. Product 12. Provide 13. Contract Price 14. Contract Time IS. Working Day 16 Supplemental1nstruction 17. Change Order 18. Change Directive 19. Substantial Performance of the Work 20. Value Added Taxes PART::; GC5.1 GC5.2 GC5.3 GC54 GC5,5 GC 5,6 GC5,7 GC5.8 GC 5.9 PART!. OC6.1 OC6.2 OC6.3 OC6.4 GC6.5 PART 7 OC7,] GC7.2 !}ART8 GC 8,1 OC8.2 OC8.3 GE"'ER.\LCONonIO:--'S 01' [TIE STlPLLATEH [}RICE CONTRACI P.-\.RTl GC 1.1 GC 1.2 GCU OCI,4 P,\RT 2 GC2,1 GC2,2 GC2.3 OC2.4 PART 3 OC3,1 OC3.2 GC3.3 OC3,4 GC3,5 GC 3.6 GC3.7 GC3.8 OC3.9 OC3.IO GC3.11 OC3.12 GC3.13 GC3.14 GE:'\TRAL I'ROVIS!ONS Contract Documents Law of The Contract Rights and Remedies Assignment PART 9 OC9.1 OC9.2 OC9.3 PART 10 GC ]0.1 GC 10.2 GC 10.3 GC 10.4 ADMINlSTRATIOI\ OF rUE, CONTRACT Authority of The Consultant Role of The Consultant Review and Inspection of The Work Defective Work PARTll GC 11,1 GC 112 EXECLTlO'i OF THE '\-,"ORK Contra] of the Work Construction by Owner or Other Contractors Temporary Supports, Structures. and Facilities Document Review Construction Schedule Construction Safety Supervisor Subcontractors and Suppliers Labour and Products Documents at The Site Shop Drawings Use of the \Vork Cutting and Remedial Work Cleanup 1~;\RT 12 OC 12.1 GC ]2.2 GC 12,3 ALLo-W..1o..NCES Cash Allowances Contingency Allowance P.-\ ){?;'lENT Financing Information Required of the Owner Applications for Progress Payment Progress Payment Substantial Perfonnance of the Work Payment of Holdback upon Substantial Perfonnance of the Work Progressive Release of Ho]dback Final Payment Withholding of Payment Non-confonning Work C1.IANGTS IN Tll E \VORK Changes Change Order Change Directive Concealed or Unknown Conditions De]ays [)EFALLT :\OTICI<: Owner's Right to Perform The Work Stop The Work, or Terminate The Contract Contractor's Right to Stop the Work or Terminate The Contract DISPlJTE RESOLUI!Ol\ Authority of Tile Consultant Negotiation, Mediation, and Arbitration Retention of Rights PROTECTJ01\ OF PERSONS i\NJ) PRO PERT) Protection of\Vork and Property Damages and Mutual Responsibility Toxic and Hazardous Substances and Materials GOVEU'\'["G REGLLAT]O'\'S Taxes and Dilties Laws, Notices, Permits, and Fees Patent Fees Workers' Compensation INSt'R.\::\'CE Insurance Bonds UO'\DS INBK\1!\lfF!C\T10N - WAIVER Indemnification Waiver of Claims \l,I'arranl)' \\/ARR,\NT\: ceDC Copyright 1994 Must not be copied in whole or in part without the written pennission 01" the CCDC Standard Construction Document eeDe 2 - 1994 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of pa)'ment This Agreement made on the 5~ day of J0 n.e. in the year 2006 by and between Corporation of the Municipality of Clarington hereinafter called the "(hncr" and Wayne Electric Co. Limited hereinafter called the "Contractor" The Oi-vner and the COI1(mcful' agree as follows: ARTICLE A-I THE WORK The Contractor shall: 1.1 perform the ~-Vork required by the Collirac; Doc1!mcl!f.s for Tender CL2006-12 Harvey Jackson Ball Diamond Lighting located at 6690 Regional Rd. 18 (Newtonville RD.) Kendal, Clark Township which have been signed by the parties, and for which MJS Consultants Inc. is acting as and is hereinafter called the "Conwlwn(' and 1.3 1.2 do and fulfill everything indicated by this Agreement, and commence the W'lrk by the 3rd day of August in the year 2006 and, subject to adjustment in Contract Time as provided for in the Contract Documellls, attain S'ubstantial p(!fjormance of {he g'ork, by the 30th day of August intheyear 2006 eeDe 2 - 1994 File 00502 Ihis conlrue! i.\' prolee!ed by C'vpyrigfll Us~ oIa CCU(' 2 do{'umenIIJOI cun/ammg 0 CCD(' 2 copyrighl xeal con.\"lillltes an infringemem of('vpyrighl. Oniy siXn this conlract if/he document cover page bear.\' a ('('DC 2 copyrigh/sev/to dt'mon.\lrale thm it IX intended hy Ihe parties {O be an uccurale and unamended persion oj CCIJ(' 2 - }99.. excep/to Ihl:! ex/en/that any altera/Jom, mldiliu!I:J' or modijica/Jon.' ore .,e/ fur/h 1/1 ,wpplemt'n1al}' mnditio/lY ARTICLE A-2 2.1 The Contract supersedes all prior negotiations, representations, or agreements, either written or oral, relating in any manner to the FVork, including the bidding documents that are not expressly listed in Article A-3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the COl1tract DOCWJ7(;'ll{Y. ARTICLE A-3 3.1 The following are the ComraaDOCUlnents referred to in Article A-I of the Agreement - THE WORK: . Agreement Between Owner and ComraclOr . Definitions . The General Conditions of the Stipulated Price Contract A. Tender Form (Reference CL2006-12) General, Pages 1 and 2 (Reference CL2006-12) Itemized Bid, Pages 3 through 6 (Reference CL2006-12) Agreement to Bond, Page 7 (Reference CL2006-12) Schedule of Tender Data, Page 8 (Reference CL2006-12) B. Standard Terms and Conditions (Reference CL2006-12) C. Instructions To Bidders (Reference CL2006-12) D. Special provisions - General (Reference CL2006-12) E. Electrical General Requirements, Section 16000 (Reference CL2006-12) F. Basic Materials & Methods, Section 16005 (Reference CL2006-12) G. Lighting Systems and Schedules, Section 16010 (Reference CL2006-12) H. Plans Drawing No. E-1 , (Insert here, attaching additional pages If required, a list ident~fying all other Contract Documents e.g. Supplementary Conditions; Specifications, giving a list of contents with section numbers and titles, number of pages, and date; Drawings, giving drawing number, title, date, revision date or mark; Addenda, giving title, number, date) CCDC 2 - 1994 File 00502 2 Thi.\' crlntract iI protected by CoPyrilihl Ule oIa CeDC' 2 documeni not comaining a CCDC 2 copyright .Ieal con.niWte,I' an infringement ofCopyrWht, Only.\ign thiS comracl it the documem cover palie bears a cca' 2 copyright seal to dem<Jm'lrate Ihot il is l/JIended hy Ihe parties to be an acmrme and unamended 1'asion of ceLX:' 2 - 19"N excepl 10 Ihe extent thai any alteration\', additiom or modijicolilm.,' are ,\'eJ jiJnh in supplemel7lary conditiom ARTICLE A-4 4.1 The Con/raet Price, which excludes Value Added Tayes, is: One hundred and forty eight thousand, six hundred dollars and zero cents. s 148,600.00 4.2 JIa/uc Added Taxes (of 7 %) payable by the (hrner to the Commc!or are: Ten thousand, four hundred and two dollars and zero cents. s 10,402.00 4.3 Total amount payable by the Ohner to the Contrac!or for the construction of the JVork is: One hundred and fifty nine thousand and two dollars and zero cents. $ 159,002.00 4.4 All amounts are in Canadian funds. 4.5 These amounts shall be subject to adjustments as provided in the COIl/ract f]ocurnents. ceDe 2 - 1994 File 00502 3 This con/racr is prOlected by Copyright. Use ala ceDe 2 do,'umenl nul wnlaining a CeDe 2 copyrighl seal mn.\lilules an infringement ofCopyrifi/ll. On,)} sign ihis cOn/racl if the documenl cOl'er page beaY.\' a CeDC 2 copynghi seal 10 demons/rale that II i.1 in/ended by the ponies 10 be an accurate and unamended ven-ion oj CCDC 2 19').j excep/lo Ihe ex/en/lhal anyallaaiions. addi/Jan.\ or modifications are seilorlh in .wpplementary condilions ARTICLE A-5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of ten (10 %) the Owner shall in Canadian funds: .1 make progress payments to the Cont/'Qc'tol" on account of the Contract Price when due in the amount certified by the Consultant together with such Vallie Added Taxes as may be applicable to such payment, and .2 upon Substantial Performance of {he tVork, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the CollfraclOr the unpaid balance of the ('omract price when due together with such Vallie .Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the CO!!traclOr in accordance with the provisions of G(;I I.! - INSURANCF 5.3 Interest .1 Should either party fail to make payments as they become due under the terms of the Controcl or in an award by arbitration or court, interest at zero percent ( 0 %) per annum above the bank rate on such unpaid amounts shall also become due and payable until payment. Such interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the amount of any claim settled pursuant to Pnn ~ tll' tbe (;cn~'r:jl ('ondltlons LHSPLTL f(CSOLUT10\ from the date the amount would have been due and payable under the Contract. had it not been in dispute, until the date it is paid. eeDe 2 - 1994 File 00502 This contract i.\' pmt~d~d by Copyright. [}I'e uIa CCDC 2 documenl nm containing a CCDC 2 wpynghl seal con,l'IIlul~s an inJhngemem oj Copyright. Oniy sl[;:n /his wl/lracllj"the document cova page bears a CCDC 2 mpyriKh/ .I'ear /0 demons/rale thai i/ is inlended h;.- the parties to he an accurate and unamemkd venion o( CCOC 2 - J994 excepttu the extent thai ary' al/eratwn.\, addilions or modificatl(ms are .WI jiirth in supplementary wndilium. 4 ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES 6.1 Notices in writing between the parties or between them and the COn'lUltant shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm, or to an officer afthe corporation for \vhom they are intended by hand or by registered post; or if sent by regular post, to have been delivered within 5 rVorking Days of the date of mailing when addressed as follows: The Owner at 40 Temperance Street Bowmanville, Ontario L1C 3A6 The Comractor at 1559 Milburough Line P.O. Box 220 Carlisle, Ontario LOR lHO The CO/lSultanf at 7305 Woodbine Avenue Suite 200 Markham, Ontario L3R 3V7 ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the Conrmet Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English language shall prevail. . Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est redigee en anglais a la demande des parties. ARTICLE A-8 SUCCESSION 8.1 The Contme! Documents are to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. CCDC 2 - 1994 File 00502 5 This con/mc! i.I' prolec/ed by Copyright. U!ie ota CClX: 2 documem nal conJoming 0 CC[X~ 2 copyrighl.l'eol canslilllles an infringemen/ ofCopyrighl. Ollly .\'JglllhJ~' ,'on/rod if/he documm/ cover page bears a CeDe 2 ,'opyrigh/ sea! /0 demonstrate dlat i/ is in/ended by the parties /0 be an accurate and unamended wr.\ion ofCCDe 2 1994 e:<<:ep/ to the extent Ihal anyal/erations, miditiom Or modificationi>' are 8'el/orlh in slIpplememm:v conditions In witness whereof the parties hereto and by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: OWNER Corporation of the Municipality of Clarin~ "gnat"" ~~ JQlfri Muttort;-~yor ~-:C-.'_ name lIna "tIe of per -nsign~ a WITNESS signature Patti L Barrie. Clerk name and title afperson signing name and title of person signing CONTRACTOR Wayne Electric Co. Limited ,,~~ 9t~ Wayne Neeb President WITNESS name and title of person signing /LktM signature signature Alan Neeb - Manager name and title of person signing name and title oj'person ~'igning N. B. Where legal jurisdiction, local practice, or (ftvner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affIXing of a colporate seal, this Agreement should be properly sealed. eeDe 2 - 1994 File 00502 6 This con/tad i~' protected by Copyrig!ll. U\'e o/a CCDC 2 docl/men/ nOI mnloining a CCDC 2 copyrighl .I'eal con,"lilules an infringemenl of'Copyright. OnfY.l'ign this cOn/racl iflhe document cover page hearxa ceDe 2 c/Jpyrighl.\'eallO demons/rate that it is in/ended hy the par/iI:.\ 10 be an an'umle and unamended version oj CeDC 2 - 1994 except to the e;r.tent that an}! al/eration.l, additions or modith-alions are .l'e/ jiJrrh in .\Uppfementw:v crmdi/iom-. Standard Construction Document CeDe 2 - 1994 DEFI;';ITIONS The following Definitions shall apply to all Contract Documents. 1. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 2. Contract Documents The Contract Documents consist of those documents listed in Article A-3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. 3. O,yoer The (h-vner is the person or entity identified as such in the Agreement. The tenn Owner means the Owner or the OJ.t'ner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 4. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in \vnting. 5. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Tfork, or to supply Products worked to a special design for the Work. 6. Supplier A Supplier is a person or entity having a direct contract \'yith the Contractor to supply Products not worked to a special design for the Work. 7. Consultant The Consultant is the person or entity identified as such in the Agreement. The Consultant is the Architect, the Engineer, or entity licensed to practice in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 8. Project The Project means the total construction contemplated of which the Work may be the whole or a part. 9. Work The Work means the total construction and related services required by the Contract Documents. 10. Place of the Work The Place of the Work is the designated site or location of the Work identified in Article A-l of the Agreement - THE WORK. II. Prodnct Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include machinery and equipment used to prepare, fabricate, convey, or erect the Work, which are referred to as construction machinery and equipment. 12. Provide Provide means to supply and install. eeDe 2 - 1994 File 00602 7 This contract is protecled by Copyright. Ule (~ra CCfX~ 2 document not conimning a CCDC 2 mpyright yeal cons/illites an infringemenl ofCopynght. Only ,\'Ign /his contract i/"/he document COlier page bears a CCIX 2 copyright s('of /0 deff'lorlslrOle Ihal if i.1 inlended hy Jhe parties to be an accurate and unammd('d version ofCCDC 2 1994 e.xcept to the exten! thai anyalle.rmions, additiollS or modifications are sel!orth in supplementary conditions. 13. Contract Price The Contract Price is the amount stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 14. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A-I of the Agreement - THE WORK from connnencement of the Work to Substantial Perfonnance of the Work. 15. Working Day Working Day means a day other than a Saturday, SWlday, or a holiday which is observed by the construction industry in the area of the Place {if the Work. 16. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the fonn of specifications, dra\\rings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 17. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the OMiner and the Contractor stating their agreement upon: a change in the Work; the method of adjustment or the amount of the adjustment in the Contract Price, if any; and the extent ofthe adjustment in the Contract Time, if any. 18. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a change in the Work within the general scope of the Contract Documents. 19. Substantial Performance ofihe Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 20. Value Added Taxes Value Added Taxes means such sum as shall be levied upon thc Contract Price by the Federal or any Provincial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax and any similar tax, the payment or collection of which is by the legislation imposing such tax an obligation of the Contractor. ceDe 2 - 1994 File 00602 8 Thix COn/raCI 6' protecled by Copyrigfu. Use ofa CeDC 2 documem nOI mfllaining a CClX' 2 ,"opyright.l'eof COfl,\'lilule.\' an in/ringen-lIml o(Copyright" Only sign this conlraCI iflhe dOCl/menl cover pog!! b;;on- a CeDC 2 copyrighl seal 10 demonslra/e Ihol il i,l" inlended hy Ihe par/iI'S to be on Ga'l/rale and unamended \'ersl(m o(CCDC 2- 1994 excepllo Ihe extenl that any arteralions, addilio/l.l" or modijicmltHI.\"' an; Je/for/h in Jupplemenlury condi/Ions Standard Construction Document CCDe 2 - 1994 GENERAL CONDITIONS OF THE STIPULATED PRICE CO:\TTRACT PART I GENERAL PROVISIONS GC I.I CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. 1.1.3 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required hyall. 1.1.4 Words and abbreviations which have well kno\VTl teclmical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 The specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the \vritten requirements and standards for Products, systems, workmanship, and the services necessary for the perfonnance of the Work. 1.1.7 The drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. 1.1.8 Neither the organization of the specifications into divisions, sections, and parts nor the arrangement of drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers or III establishing the extent of the work to be perfonned by a trade. 1. 1.9 If there is a conflict within Contract Documents: . I the order of priority of documents, from highest to lowest, shall be . the Agreement between the Ovvner and the Contractor, . the Definitions, . Supplementary Conditions, . the General Conditions, . Division 1 of the specifications, . Divisions 2 through 16 ofthe specifications, material and finishing schedules, drawings. eeDe 2 - 1994 File 00712 9 This conlraCl i.1 proleCled by Cop}righl. UI'e oIa CClX' 2 document not (YJf1laining a CC[)(~ 2 copyright seal conslitule.I' an infringemenr of Copyright. OnlY,I'if(l1lhi,\. conJract if/he dncumenl cul'er page bears 0 CCOC 2 cupyr(r;hf seal Iv demon.\'lrale Iha/ i/ is inlended by the par/ie,I' JO be an accurale and unamended version (~ICCDC 2 1994 except 10 the extent thai airy ai/era/ions. additions or nwdiflcaliom are seljorth in supplemenlary wnditions. .2 drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on drawings shall govern over dimensions scaled from drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.] .10 The (hvner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perroffil the Work. 1.1.11 Specifications, drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All specifications, drawings, and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These specifications, drawings, and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.12 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.] The law of the Place of the fVcn* shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CO:\'SULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the \vritten consent of the Owner, the Contractor, and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the fanner Consultant. eeDe 2 - 1994 File 007 I 2 10 Thi,,- con/rod iJ prVleded by Copyrigh/_ Ule r:/a C('DC 2 documen/ nOI comaining a (TDC 2 copyrighl .l'eal mn.\"lilU/e.\' an infringement (!f ClJpyrigh/. Only .Iign Ihis conlra('1 ijlhe d(X7lmenl ('()l'er page hear" u CC'DC 2 mpyrighl seal/() rkmomtrale Ihal il i.1 in/ended by Ihe portie.1 /n he an occurOle and unomended liersion nfCCD(' 2 1994 except to the ex/ent tho! any a/feraliom;, add/lions 01 modijicaliom, (In; Jelforth in supplemen/ury condit/om; GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents during construction until issuance of the final certificate for payment, and subject to GC 2.1 - AUTHORITY OF THE CONSULT ANT and with the Chimer's concurrence, from time to time until the completion of any correction of defects as provided in p3mgraph 12.3.30)-'(;(' 12..\ \VARRA:\'T"{, 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the (fivner and the Consultant agree, the Consultant will provide at the Place of the Work, onc or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article /\-:) of the Agreement - PAYMENT, (iC 5.3 .. PRO(iRESS Pi\ yrvlFN'L and GC 5.' . Fi"AI. PAYMI.5JT. 2.2.5 The Consultant will not be responsible for and will not have control, charge, or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations, or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of, or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the 'York. 2.2.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and shall make findings as to the perfonnance thereunder by both parties to the Contract, except with respect to CC 5. [ - FlNANClNG I\:FOR\lATKf\ RIJJL:IRED (JF THt O\\-'"<L-.R. Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. When making such interpretations and findings the Consultant \vill not sho\v partiality to either the OHmer or the Contractor. 2.2.7 Claims, disputes, and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents, except for (ie 5,1 - F!Ni\NCIN(j fNFOR\-IATHOIXREQUIRE:D OF THE OWNER, shall be referred initially to the Consultant by notice in 'Miting given to the Consultant and to the other party for the Consultant's interpretation and finding which will be given by notice in \Vfiting to the parties within a reasonable time. 2.2.8 The Consultant will have authority to reject work which in the Consultant's opinion does not confonn to the requirements of the Contract Documents. \Vhenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed, or completed. However, neither the authority of the Consultant to act nOf any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. 2.2.9 During the progress of the W01* the Consultant will furnish Supplemental Instructions to the Contractor \Vith reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.10 The Consultant will review and take appropriate action upon such Contractor's submittals as shop drawings, Product data, and samples, as provided in the Contract Documents. eeDe 2 .1994 File 00712 11 This contract is pm/ected hy Copyright U\'e uta CeDC 2 drl(:umen/ nm comaining a CCOC 2 copyright seal com-(i/Ules an infringement olCopyrigfn Only ,\ign this comroC! iflhe document cover page hear,I' a CCIX~ 2 copyright ,fear 10 demons/rOle thai il is in/ended hy Ihe parties /() he an accurate and unamended l'erIion ofCCrx' 2 1994 e.xcept to the. extent t/wl any ultera/ions. additions or modijications are sel.lvrth in supplemenlwy conditiom'. 2.2.11 The Consultant will prepare Change Orders and Change Directives as provided in (;C (::2 ()L\NC;r ORTJER and (iC 6J (TL\N(jj:~Djj<LC'rrVE-. 2.2.12 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in UU SA - SIIBSIA\-1 rAt PEEFORMANUE OF TilE WORK_ 2.2.13 All certificates issued by the Consultant shall be to the best of the Consultant's knowledge, information, and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.14 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will fOf\vard such warranties and documents to the Owner for the OI1-ner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe, and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. Ifparts of the Work are in preparation at locations other than the Place of the Work, the OI1.ner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections, or approvals in the Contract Documents, or by the Consultants instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notice of when the work \1,0111 be ready for reviC\v and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notice of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant N-'O copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections, or approvals before such special tests, inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the ContractmJs expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the (J\Amer shall pay the cost of examination and restoration. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly remove from the Place of the Work and replace or re-execute defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such removals or replacements at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the eeDe 2 - 1994 File 00712 12 Th~I' contra,'1 i,I' protec/ed by Copyright. (he ala CCDC 2 doclimenl nOI conUlining a CeDe 2 cofJ)-'rIglll s(!ol CO!l.l'IJlules an infringemen/ 1!/CopJ'righl. Only \"ign Ihi\" w!llracllfthe documem COWl' page bear.I' a CCDe 2 wpyrigh/ .Iea/lo demon!,-Irale 1101-11 il iJ inlended by Ihe parti(!.I' 10 be 011 acr'urale ond unamended wr.\"ion o!"CCDC 2- 1994 exceptIO the exlent 11001 anyal/erations. additions or modifications are set/orih in supp{ementar~' condilions Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity ,vith the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with ovm forces. 3.2.2 \Vhen separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's ovm forces, the Owner shall: .1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts \vith other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in erC 11 1 fNSUI;:ANCr: and co-ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the (hvner and other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; .2 co-ordinate and schedule the Work with the work of other contractors and Owner's own forces and connect as specified or shown in the Contract Documents; .3 participate with other contractors and the Owner in reviewing their construction schedules when directed to do so; and .4 where part of the Work is affected by or depends upon for its proper execution the work of other contractors or Owner's own forces, promptly report to the Consultant in \-vriting and prior to proceeding with that part of the Work, any apparent deficiencies in such work. CCDC2 -1994File00712 13 Thi,l contract is prorecled by Copyright, U\"e of a CCLX' 2 documenl nol conlaining a CCDe 2 copyrighl ,wm! cum'lilule,I' an infringement a/Copyright OnIY,)'lgn Ihis conlrod i{the dncumenl cover page bears a CCOC 2 copyrighl sea/lo demonslmle Ihol il is inlended by Ihe panies 10 be on accurale and unamended version ofCCJX' 2- 1994 eu:ept to Ihe extent Ihm any alterations, mlditions or modllication!>' are 8'el!urlh in supp!emenlory conditions Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies in the work of other contractors or Owner's own forces except those deficiencies not then reasonably discoverable. 3.2.4 Where a change in the Work is required as a result of the co-ordination and connection of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in cre' 6_1 ('jJANC;rS, (iC 6.2 ClJi\O'<C.1E C)RI)[R, and (I(' ':;_:' CIL\\(jL: DiH i;(:T1VF. 3.2.5 Claims, disputes, and other matters in question between the Contractor and other contractors shall be dealt with as provided in Pmi R of dK' General ConditlPH;'; " DlSPUTr~ RL:SOLUTHJN provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owners contains a similar agreement to arbitrate. GC 3.3 TEMPORARY SUPPORTS, STRUCTURES, AND FACILITIES 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary supports, structures, and facilities and the design and execution of constmction methods required in their use. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such temporary supports, structures, and facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraph 3.3.1, and paragraph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, structures, and facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency, or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information, and belief and in making such review the Contractor does not assume any responsibility to the OI1-'ner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing infol1l1ation from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: .1 prepare and submit to the Ovmer and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be performed In conformity with the Contract Time; eeDe 2 - 1994 File 00712 14 Fhi.1 wntraclls prolected by Copyr(ghf, Uxe afa CC1X~ 2 documenl mJl cOnlainlng a CCDe 2 copyrighl ,\'(:o{ wn,j'IUUle.\' un Inji"ingemml afCopyrlght. On!y slgnlhi, cunfracl i/lhe documenl cover pug.: bear.,' a CCOC 2 copyrighl ~ea{ /0 demons/rOle IhO! il is in/ended by Ihe parlie.\" /0 be on acwra/e and unamended ver,lion olCe/X.' 2-- 1994 =epllo Ihe exlenllha/ any alteraliom, additionl" or modificalian.l" are ;'el!iJrlh in ~'upplemenlary condiliom .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in PJrl6 of the C!i:nerJJ (\)f[Cblions (}I/\'\CtF'S IN TilL \VURl\.. GC 3.6 CONSTRUCTION SAFETY 3.6.1 Subject to l.LL2 GfCiC 1.2 {'ONS"T RtiC T1D:-- B\' O\\'\ER OR OTH[R CC!\;'fiL\C'TORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations, and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the perfonnance of the Work. GC 3.7 SUPERVISOR 3.7.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. The supervisor shall not be changed except for valid reason. 3.7.2 The supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the supervisor by the Consultant shall be held to have been received by the Contractor. GC 3.8 SUBCONTRACTORS AND SUPPLIERS 3.8.1 The Contractor shall preserve and protect the tights of the parties under the Contract with respect to work to be performed under subcontract, and shall: .1 enter into contracts or Mitten agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the tenus and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the CJovvner for acts and omissions of Subcontractors, Suppliers, and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.8.2 The Contractor shall indicate in writing, at the request of the Cfivner, tho:;e Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor \vould be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.8.3 The Owner may, for reasonable cause, at any time before the OVI/ner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.8.4 If the Ovmer requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. 3.8.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or finn to whom the Contractor may reasonably object. ceDe 2 - 1994 File 00712 15 Thi.\. contract is protecled by CopyriKhL [}I"{! ofa CCIX 2 do(:umenl not cOn/aining a CC[x' 2 copyrighl .Ieal conslitU/e.\ an infringement of Copyright Only sign this cOn/ract iflhe documem COVt'f page bears a CCDe 2 ,.opyright sea/IV demons/rale (hal il L\. imended hy the par/ies /0 be an accurate and unamended I"er~'ion ofCCDC 2 1994 creep' to the extent thai any allerations, addilions or modifications are seiforth in supplementw),. cundilions. 3.8.6 The Oltmer, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.9 LABOUR AND PRODUCTS 3.9.1 The Contractor shall provide and pay for 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 the Contract. 3.9.2 Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.10 DOCUMENTS AT THE SITE 3.10.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place o/the Work, in good order and available to the Owner and the Consultant. GC 3.11 SHOP DRAWINGS 3.11.1 Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product, and other data which the Contractor provides to illustrate details of a portion of the Work. 3.11.2 The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant may reasonably request. 3.11.3 The Contractor shall review all shop drawings prior to submission to the Consultant. The Contractor represents by this review that: the Contractor has determined and verified all field measurements and field construction conditions, or will do so; Product requirements; catalogue numbers; and similar data and that the Contractor has checked and co-ordinated each shop drawing \vith the requirements of the Work and of the Contract Documents. The Contractor shall confinn this review of each shop drawing by stamp, date, and signature of the person responsible. At the time of submission the Contractor shall notify the Consultant in 'Writing of any deviations in the shop drawings from the requirements of the Contract Documents. 3.11.4 The Contractor shall submit shop drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. Upon request of the Contractor or the Consultant, they jointly shall prepare a schedule of the dates for submission and return of shop drawings. Shop drawings which require approval of any legally constituted authority having jurisdiction shall be submitted to such authority by the Contractor for approval. 3.11.5 The Contractor shall submit shop drawings in the form specified or as the Consultant may direct. The Consultant will review and return shop drawings in accordance with the schedule agreed upon, or othelVr'ise with reasonable promptness so as to cause no delay. The Consultants review is for conformity to the design concept and for general arrangement only. The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the shop drawings or for meeting all requirements of the Contract Documents unless the Consultant expressly notes the acceptance of a deviation on the shop drawings. 3.11.6 Upon the Consultant's request, the Contractor shall revise and resubmit shop drawings which the Consultant rejects as inconsistent with the Contract Documents unless othef\vise directed by the Consultant. The Contractor shall notify the Consultant in 'Writing of any revisions to the resubmission other than those requested by the Consultant. eeDe 2 -1994 File 00712 16 This contracl is prOlecled by CopyrighL Use oIa CCDC 2 document nol wnlaining a ceDe 2 copyrighl ,'eol con.l'lilule.\ an injhngemenl ojCflpyriKhr. Only .\iKn Ihis comraCI (!the documenl C'(Jl'er page bean a CClX~ 2 copyrighl :ieallO demon.\lrale (hal II is in/ended by the par/ie.l1O be an accurale and unamended l"a,)'lOn (:if e("IX' 2-- /994 creep! 10 Ihe exlen/ thai any ai/era/10m'. additions or modijicalions are setjorlh in supplemenrary com/ilion.)'. GC 3.12 USE OF THE WORK 3.12.1 The Contractor shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Work with Products. 3.12.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.13 CUTTING AND REMEDIAL WORK 3.13.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. 3.13.2 The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. 3.13.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in (ie: 6.1 Cl-{;\NGES, eiC 6,2 c'lL\\:\iC and GC 6J C'}[i\NGC DlRF\TIVE. 3.13.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.14 CLEANUP 3.14.1 The Contractor shall maintain the Work in a tidy condition and free from thc accumulation of waste products and debris, other than that caused by thc Owner, other contractors or their employees. 3.14.2 The Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Work clean and suitable for occupancy by the Owner before attainment of Substantial Performance of the Work. The Contractor shall remove products, tools, construction machinery, and equipment not required for the performance of the remaining work. 3.14.3 Prior to application for the final certificate for payment, the Contractor shall remove products, tools, construction machinery and equipment, and waste products and debris, other than that resulting from the work of the Ovvner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOW A:'olCES 4.1.1 The Contract Price includes cash allowances stated in the Contract Documents, which allowances shall be expended as the Owner directs through the Consultant. 4.1.2 Cash allowances cover the net cost to the Contractor of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the work stipulated under the cash allowances but do not include any Value Added Taxes payable by the Owner to the Contractor. ceDe 2 - 1994 File 00712 17 T/li_\' eontrac/ is prOlecred by Copyright U,'e ofa CCOC 2 drx7Jmen/ nol moraining 0 CClX 2 copyrighl .Ieal con.lllIlIIes an infringemenl of Copy righi, Only sign Ihi,,' eon/racl il1he doeumenr cover page bear.1 a CCfX' 2 COPYrlKhl seaf 10 demons/rUle Ihul il '" il1/!:!IIled by Ihe par/Ie.' /0 hI' UI1 ac'c'urale and u/"lffN:nded ,'er,wm o{CCIX' 2 1994 I'xcepllo the exlem Ihal airy-' al/era/iom;. additions or modijicalions are setjorlll in supplemlmlary nmdilians. 4.1.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.4 Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out in the Contract Documents. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the actual cost and each cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be indudcd in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 Expenditures under the contingency allowance shall be authorized and valued as provided in (ie' ') GC {),2 CTJANCiE ORDER, and GC: (d ~ CH:\N(;E DlREJ.TI\;, E. 4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.2 and the contingency allowance. PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement, and/or promptly ITom time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall notify the Contractor in writing of any material change in the Owner's financial arrangements during the perfonnancc of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A-S of the Agreement . PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed and Products delivered to the Place of the Work at that date. 5.2.3 The Contractor shall submit to the Consultant, at least 14 days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. CCDC2-1994File00712 18 lhis mntract is protected by ('opyright. UI'e ora eelX.-' 2 do{."Umenl no! mnloimng a CClX' 2 mpyrighl seal mnslilule,I' an inji"ingemenl orCopyngh/, Only.\'lgn Ihis con/roc( if'lhe oocl./menl co\'er page bears (I ('C1X~ 2 copyright .I'ealto demon,\'Iro/e Ihm il is in/ended by Ihe panies 10 be an (I("('urale and unamended verI/on ojCCIX' 2 1994 excepllo Ihe o1en/ Iha/ arry ai/era/ions. addiJions or modifications are set/ilr/h in supplementary conditions 5.2.4 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shaH be used as the basis for applications for payment, unless it is found to be in error. 5.2.5 The Contractor shall include a statement based on the schedule of values \Vith each application for payment. 5.2.6 Claims for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 Thc Consultant \ViII issue to the Owner, no later than 10 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 5.2 . APPLTCA nONS FOR PROGRESS PAYMENT. a certificate for payment in the amount applied for or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly notify the Contractor in writing giving reasons for the amendment. 5.3.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement - P A YrvlENT no later than 5 days after the date of a certificate for payment issued by the Consultant. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall prepare and submit to the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consultant to establish Substantial Peiformance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 No later than 10 days after the receipt of the Contractor's list and application, the Consultant will review the Work to verify the validity of the application, and no later than 7 days after completing the review, \ViII notify the Contractor whether the Work or the designated portion of the Work is substantially perrormed. 5.4.3 The Consultant shall state the date of Substantial Performance of the Work or designated portion of the Work in a certificate. 5.4.4 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, will establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: .1 submit an application for payment of the holdback amount, .2 submit a sworn 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 Substantial Performance of the Work and for which the Owner might in any way bc held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. ceDe 2.1994 File 00712 19 Ih!:~ con/rad !,\. protec/ed by Copyright. Use ofa CClX' 2 doc Ilmenl nO! conlllining a CCJX~ 2 copyrighl .\"I!al CI1l1.1'lltllle.\. (fr/ infringemen/ ofCopyrighr. Only sign Ihil. mntracl/rlhe documenl cover page bear.l. a CeDC 2 capyrighl .~eal to demonstrate Ihal il is intended by Ihe parlin to be an acy-urale and unamended version o/CCfX~ 2- 1994 except /a Ihe exlent Ihal any alterations, additions or modifications are setforth in .\"Upplementary conditions 5.5.2 After the receipt of an application for payment from the Contractor and the sworn statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount has not been placed in a separate holdback account, the Owner shall, 10 days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Ol1-ner and the Contractor. 5.5.4 The holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice, or provisions which may be agreed to between the parties. The Ol-imer may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 Where legislation pemrits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the day following the expiration ofthe holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. 5.6.2 Notwithstanding the provisions of the preceding paragraph, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products is protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application. The Consultant will, no later than 7 days after reviewing the Work, notify the Contractor that the application is valid or give reasons why it is not valid. 5.7.3 'When the Consultant finds the Contractor's application for final payment valid, the Consultant will issue a final certificate for payment. 5.7.4 Subject to the provision of H),U of C.iC lOA WORKERS' COI'vlFENSAT10N. and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 days after the issuance ofa final certificate for payment, pay the Contractor as provided in Article A-) of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYME:"T 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be perfonned, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Ol'mer on account thereof, but the Owner may withhold, Wltil the remaining portion of the Work is finished, only such an amount that the Consultant detennines is sufficient and reasonable to cover the cost of perfonning such remaining work. ceDe 2 - 1994 File 00712 20 Thi~ con/rac! is prOlecled by Copyrighr UI-e a/a CC[X' 2 dix/Jmell/ nol wnlOlninRa CCDC 2 wpyrigh/.leul um.\li/Ule.l an injTin~menl of'Cof!yrigh/. Only ,1'lgn Ihi_\' contrac/ iithe do('umenl cover page bear.1 fJ CCIX~ 2 copyr(gh/ sea/Iv demon.llrale Ihal 1/ i.I' irllended by /he parlie,I' to be un un'urale and unanwndi'd version i!f(X:f)(~ 2 - 1994 e.:rcepl to Ihe. ex/en/lhal any altera/ions. ack/iII'ons or modijicatiom- are .I'elfarlh in supplementary conditions GC 5.9 NON-CO:"lFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make changes in the Work consisting of additions, deletions, or other revisions to the Work by Change Order or Change Directive. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant shall provide a notice describing the proposed change in the Work to the Contractor. The Contractor shall present, in a fonn acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order, signed by Owner and Contractor. The value of the work performed as the result of a Change Order shall be included in applications for progress payment. GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Ovmer and the Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Ovmer, through thc Consultant, shall issue a Change Directive. 6.3.2 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of expenditures and savings to perform the work attributable to the change. If a change in the Work results in a net increase in the Contract Price, an allowance for overhead and profit shall be included. 6.3.3 If a change in the Work results in a net decrease in the Contract Price, the amount of the credit shall be the net cost, without deduction for overhead or profit. \Vhen both additions and deletions covering related work or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be calculated on the basis of the net increase, if any, \vith respect to that change in the Work. 6.3.4 The Contractor shall keep and present, in such form as the Consultant may require, an itemized accounting of the cost of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all of the following: .1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor; eeDe 2 -1994 File 00712 21 This contl'aCI i.l" protecled by Copyright. UH~ /Jfu CCIX' 2 dowment nol comaininf!; a ('('DC 2 copyr(r;h/ seal nJn.\"II/ule\' un infringemem a/Copyright. Only sign /his conlraa if/he document caver page bears a ('ClX' 2 wpyrighl seal 10 demons/rale Iha! it is intended by Ihe parries 10 be an (lccurale and unamended ">'enioll o(CCFX-' 2 1994 excepllO the ,'Xtem that any alterations, addilions or modifiwtions are set/or/h in supplementary conditiolls .2 salaries, wages, and benefits of the Contractor's office personnel engaged in a technical capacity and other personnel at shops or on the road, engaged in expediting the production or transportation of materials or equipment; .3 contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Contractor and included in the cost of the work as provided in paragraphs 6.3.4.1 and 6.3.4.2; .4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and 6.3.4.2; .5 the cost of all Products including cost of transportation thereof; .6 the cost of materials, supplies, equipment, temporary services and facilities, and hand tools not owned by the workers, including transportation and maintenance thereof, \vhich are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof; .8 deposits lost; .9 the amounts of all subcontracts; .10 the cost of quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always to the Contractors obligations to indenmify the Owner as provided in HJ.3, 1 rJt GC 103 - PATENT .13 any adjustment in premiwns for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .] 4 any adjustment in taxes and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile conununications, courier services, expressage, and petty cash items incurred; .16 the cost of removal and disposal of waste products and debris; .17 cost incurred due to emergencies affecting the safety of persons or property; 6.3.5 Pending detennination of the final amount of a Change Directive, the undisputed value of the work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.6 lfthe Owner and Contractor do not agree on the proposed adjustment in the Contract Time or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.7 lf at any time after the start of the work directed by a Change Directive, the Ovmer and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and Contractor. eeDe 2 - 1994 File 00712 22 This contracl i.1 proteeled by Copyright. [J~'e ora CCIX' 2 document nol conlaimng a CCOC 2 copyriglu .\"eo/ ('(Ins/ilule,I' an infringemenl of Copy rig hi OnZI- ,\'IJ?n Ihix conlroc! if/he Joelfmenl cover page bears a ceDe 2 copyrighlseallo demonslrote /hal i/ ix intended by Ihe par/iex to be an a,\ urale and unamended !'en-ion ofCCIX~ 2 1994 exceptio the f';({entlhat any alterUlions, addiliom' or modljicolirms "re ~'e/farlh in suppll;mentury conditioll_I' GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place afthe Work which are: .1 subsurface or othef\.Vise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents; then the observing party shall notify the other party in writing before conditions are disturbed and in no event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this \-vould cause an increase or decrease in the Contractor's cost or time to petform the Work, the Consultant, with the Owner's approval, shall issue appropriate instructions for a change in the Work as provided in GC~ 6.:, - CI-JANCn: ORDEH or {it': (;,3 "CHANGE l>TR.ECTf\.rr.. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant shall report the reasons for this finding to the (hmer and the Contractor in writing. GC 6.5 DELAYS 6.5.1 Tfthe Contractor is delayed in the petformance of the Work by an action or omission of the CJM.'ner, Consultant, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.3 If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is othef\vise bound), fire, unusual delay by common carriers or unavoidable casualties, or without limit to any of the foregoing, by a cam,e beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the OV'mer. 6.5.4 No extension shall be made for delay unless notice in \\!Titing of claim is given to the Consultant not later than 10 Working Days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. 6.5.5 Ifno schedule is made under ".2,9 ni'(]C.2,::, ROLE OrnrE CO\SULTANT, no claim for delay shall be allowed because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made and not then, unless the claim is reasonable. eeDe 2 - ]994 File 00712 23 This contract is prolected by Copyrighl Use oIo CC[[ 2 drl(71!r1em not nmwining 0 CC/X' 2 copyright .Ieal con:;rilUIr:.1 WI infi'ingement ofCopyrighi Only sifJl1 this conlraci iflhe document cover fX'Ke hears a CeDe 2 copy'Wht xeaf 10 demrmslrate Ihat it i,I' inlended hy the parlie~ 10 be an aa:urare ilnd unamended version r~rCClX~ 2 /994 e.x;cept 10 Ihe ex/en/lhat any a/lcralium. addilions ur modificatiom are sel.lurlh in supplemrmlary conditions. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT 7.1.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the O\1-'ner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, tenninate the Contract. 7.1.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply \Vith the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the OHmer may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. 7.1.3 Tfthe default cannot be corrected in the 5 Working Days specified, the Contractor shall be in compliance with the Owners instructions if the Contractor: .1 commences the correction of the default within the specified time, and .2 provides the ClIiI:ner \vith an acceptable schedule for such correction, and .3 corrects the default in accordance with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, without prejudice to any other right or remedy the O~~mer may have, the OVI--ner may: ,I 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 OVI-'ner and the Contractor, or .2 tenninate the Contractor's right to continue with the Work in whole or in part or tenninate the Contract. 7,1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7,1 1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products; utilize the construction machinery and equipment; subject to the rights of third parties, finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as detennined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under Ci(' 1 \\;\kRA'<rV exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractors work under eye 1 ;L? . WARRAN'r"'{ exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor thc difference. eeDe 2 -1994 File00712 24 Thi.l' contrad L~ prolecled by CopYrlghl. li,,'c ora ceDe' 2 documenllwt con/oimng a CeDC 2 copyri;.;hl .l'ea! nmslllule,,' an mjringementoFCopynghl Only sigll/his ('on/rad i/'lhe document co\'er pag" hears a CCD(' 2 copyright seal/o demo/l.l"/ra/e Inm il ir in/ended hy Ihe parlies /0 be an accurate and unamended venio/l oICCIX' J 1994 exceptio Ihe exlenllhal any alterations, addiliom or mod!jimlior/.!' are sel forth in supplemenlary (vndition.l' 7.1.6 The Contractor's obligation under the Contract as to quality, correction, and warranty of the work performed by the Contractor up to the time oftennination shall continue in force after such termination. GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owners insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the {ht,ner or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 7.2.2 lfthe Work should be stopped or otherwise delayed for a period of30 days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the (h1mer notice in \vriting, terminate the Contract. 7.2.3 The Contractor may notify the {ht,-ner in ""Titing, with a copy to the Consultant, that the Owner is in default of the o.vners contractual obligations if: .1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owners obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC :\3 PHJ)(3RI<SS P.A'{MENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the (hmer violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 FlNi\\(T\C INFORMATION REQCJRED 01 IIIi' OW\i'R, confirms by written statement to the Contractor that sufticient cause exists. 7.2.4 The Contractor's notice in \'{fiting to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the notice in "vriting, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. 7.2.5 lfthe Contractor terminatcs the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and construction machinery and equipment, and such other damages as the Contractor may have sustained as a result of the termination ofthe Contract. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences betv.reen the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in ()C R()Lr~ OF TH[~ C\JNSLLTAN1, shall bc settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTIOX 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of ceDe 2 - 1994 File 00712 25 Thi,y confyocl is protected by Copyright. Use r?fa CeDe 2 document nol comaining 0 CeDe 2 copynghr xeal conxtilutes an infringemem of Copyright. Only sign /his wntnKt iflhe document co]'er page bears a CCJX~ 2 copyrighl seal 10 demon.llrale thol it i.1 intended by Ihe parlies to be on o",'urale and unammded vcr.,ion o{ccrX' 2 1994 e.;r:cept to the extentth"t any aiterations, additions or modifications ore :;etforlh in supplementary conditions GC 8.2 - NEGOTIATION, MEDIATION, AND ARBITRATION, and in GC X i RETENTION 01' P1GIlTS apply to that dispute v-.ith the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party wi II jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Olvner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION, A:'oID ARBITRATION 8.2.1 In accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes, the parties shall appoint a Project Mediator 8.2.2 8.2.3 8.2.4 8.2.5 8.2.6 8.2.7 .1 \\rithin 30 days after the Contract was awarded, or .2 if the parties neglected to make an appointment ,\rithin the 30 day period, within 15 days after either party by notice in writing requests that the Project Mediator be appointed. A party shall be conclusively deemed to have accepted a finding of the Consultant under (lC 2,2 ROLE ()F 111[' CO'\SULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a notice in writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a notice in writing of reply to the dispute within 10 Working Days after receipt of the notice of dispute setting out particulars of this response and any relevant provisions of the Contract Documents. The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the latest edition of the Rules for Mediation ofCCDC 2 Construction Disputes. If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving notice in writing to both parties. By giving a notice in writing to the other party, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The arbitration shall be conducted in the jurisdiction of the Place q,fthe Work. On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a notice is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. eeDe 2 - 1994 File 00712 26 Thi!" wnrracl i!' prO/erled by Copyright. U.I'e ora CCIX: 2 Joeumen! nor conlainmg a eeDe 2 copyrighl seal ('fIns/illlte,I' an infringemenl orCopynghl, Unly xlgnlhJ.\' controcl irlhe documenl COI'er page hear.\" a CCIX~ 2 mpyrigl1l seal to demon.l'lrote Il1al il ix intended hy Ihe parliex to he an acclIrale and unamended version orCC"/X 2 /994 e.xcept 10 Ihe atm/ Ihal anyallera/iom, additions or modijicationJ are sel!orth in .\'upplemenwry conditions 8.2.8 If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting arbitration in paragraph 8.2.6 that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be .1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier, and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.] .3. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may havc under paragraph 8.2.6 to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place qfthe Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .1 errors in the Contract Documents; .2 acts or omissions by the (Avner, the Consultant, other contractors, their agents and employees. 9.1.2 Should the Contractor in the performance of the Contract damage the Work, the Owners property, or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such damage at the Contractors expense. 9.].3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in (ie' (, CIIA~<()E.,5L erC 6.2 -, CJli\'\GE ORDER.. and (iC' 6_3 -- CTL-\'<CiE fllRLC'Tl\-'L. GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY 9.2.1 If either party to the Contract should suffer damage in any manner because of any Mongful act or neglect of the other party or of anyone for whom the other party is responsible in law, then that party shall be reimbursed by the other party for such damage. The reimbursing party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. eeDe 2 - 1994 File 00712 27 Thi.\' cOn/ruC! ix protected by Copyrighl. Use ofa CCIX.' 2 documenl nOI cOnlaininK a CeDe 2 copyr(r;hl seal ('omtiWle:;- an ill/hngemenl afCopyright Only .\'ign Ihis mntracl If the documenf emu page bears a CCD(' 2 ,'ap;.-ri&4JI.I'eallo Jemo/l,\lrale thD/ it h intended by Ihe parlie~ ta be an accurate and unamended version ofCCrx~ 2- 1994 except to the exten! that any alteration~. additions or mrx}i/imtiom' are Ie/forlh in supplementary collditlom' 9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time after the first observance of such damage and if undisputed shall be confirmed by Change Order. Disputed claims shall be resolved as set out in Pari 8 of the (teDera] Condition:'> DfSPIJTE RE:SOLCTION. 9.2.3 If the Contractor has caused damage to the work of another contractor on the Project, the Contractor agrees upon due notice to settle with the other contractor by negotiation or arbitration. If the other contractor makes a claim against the Owner on account of damage alleged to have been so sustained, the Owner shall notify the Contractor and may require the Contractor to defend the action at the Contractors expense. The Contractor shall satisfY a final order or judgment against the Owner and pay the costs incurred by the (fivner arising from such action. 9.2.4 If the Contractor becomes liable to payor satisfy a final order, judgment, or award against the Owner, then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction. GC 9.3 TOXIC A'\TD HAZARDOUS SUBSTANCES AND MATERIALS 9.3.1 For the purposes of applicable environmental legislation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.3.2 Prior to the Contractor commencing the Work, the Owner shall .1 take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances and materials. 9.3.3 The Owner shall take all reasonable steps to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor commencing the Work. 9.3.4 Unless the Contract expressly provides otherwise, the Cht.-ner shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or othenvise render hannless toxic or hazardous substances or materials which were present at the Place of the Work prior to the Contractor connnencing the Work. 9.3.5 If the Contractor .1 encounters toxic or hazardous substances or materials at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances or materials are present at the Place afthe Work, which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but have not been dealt with as required under paragraph 9.3.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the substances or materials, and .4 immediately report the circumstances to the Consultant and the ()v,mer in 'Nfiting. ceDe 2 - 1994 File 00712 28 This contraclls proteeted by Copyright. Uiie (!!a CClf 2 document nO! con/aininl{ a CCDC 2 copynghl seal comli/ute.I' an infringemem ofCopyrighl. Only iiign Ihis contraet iflhe do("umefl/ cover page bears a ('('IX' 2 mpJriglll sea/to demonstrate Ihal il i.I' intended hJ {he parlie~' to be an accurWf und unamended version ofCCDC 2- 1994 excepl to the extent thai any alterations, additiom or modijka/ions are setforth in supplementary ("Nidi/ions 9.3.6 If the Contractor is delayed in performing the Work or incurs additional costs as a result of taking steps required under paragraph 9.3.5.3, the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor and the Contractor shall be reimbursed for reasonable costs incurred as a result of the delay and as a result of taking those steps. 9.3.7 Notwithstanding pamgIaphs 2.2.6 :md 2.2.7 ofC;C 2.2 -"j{(}LF, C)F IlfE CONSLLT,'\NT, or i;.1 oI (IC 8.1 . AUTHORITY OF n IE CONSULT,\ NT, the Consultant may select and rely upon the advice of an independent expert in a dispute under paragraph 9.3.6 and, in that case, the expert shall be deemed to have been jointly retained by the (fimer and the Contractor and shall be jointly paid by them. 9.3.8 The Owner shall indemnify and hold harmless the Contractor, the Consultant, their agents and employees, from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or resulting from exposure to, or the presence of, toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor commencing the Work. This obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity set out in (iC 1:2.1 1\ DEfv!NIFICi\TICi\' or which otherwise exist respecting a person or party described in this paragraph. 9.3.9 GC 9.3 . TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS shall govern over the provisions of U.I 01 G( '.' IUGIITS AND REMEDIES or GC 9.2 . DAMAGES AND MUTUAL RESPONSffiILITY. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article /\-4 of the Agreement- CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time ofthe bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws oftheP/ace of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for the building pennit, permanent easements, and rights of servitude. The Contractor shall be responsible for pennits, licenses, or certificates necessary for the performance of the Work which were in force at the date of bid closing. 10.2.3 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 10.2.4 The Contractor shall not be responsible for veritying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the date of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Document."" the Contractor shall notify the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in (iC 6.1 CIIANCiES, GC 6.2 ClL\:\Gi. ORDER, and (Ie 6.3 CII:\NUli DIRECTlVF. CCDe 2.1994 File 00712 29 This ('antracl is pro/ecled by Copyrigh/. [.i,I'e of a eelX-' 2 document nOI contaimng a CCDC 2 copyrighl ,wml com-/illl/e,I' an mfringemen/ ofCopynghl. Only ,,'Ign this con/racl ifilJe documenl cover page hears a ccrx~ 2 copyrighl seal/o demons/role zhm il ix in/ended hy Ihe porlie.,' /0 he an <<ccum/" and unamended l'erIion ojCCTX' 2 1994 excep//o the extent/hat any ahera/ions, uddi/ion:i or modljications are xetfiJrlh in supplementary condilions. 10.2.5 If the Contractor fails to notify the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.4; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Ovvner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan, or design of which was supplied to the Contractor as part of the Contract Documents. GC lOA WORKERS' COMPENSATION 10.4.1 Prior to connnencing the Work, Substantial Performance of the Work, and the issuance of the final certificate for payment, the Contractor shall provide evidence of compliance '.Vith workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the OlJ,.'ner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE-BONDS GC 11.1 I:'oISURANCE 11.1.1 Without restricting the generality oftle' [2. [ lNDF;:rvfNTFfC:ATION, the Contractor shall provide, maintain, and pay for the insurance coverages specified in OC 11.1 - INSURANCE. Unless otherwise stipulated, the duration of each insurance policy shall be from the datc of commencement of the Work until the date of the final certificate for payment. Prior to connnencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements. .1 General Liability Insurance: General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant, '.Vith limits of not less than $2,000,000 per occurrence and with a property damage deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 2100, or its equivalent replacement, provided that IBC Form 2100 shall contain the latest edition of the relevant CeDe endorsement form. To achieve the desired limit, wnbrella, or excess liability insurance may be used. AU liability coverage shall be maintained for completed operations hazards from the date of Substantial Petjormance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. Where the Contractor maintains a single, blanket policy, the addition of the Ol1,-ner and the Consultant is limited to liability arising out of the Project and all operations necessary or incidental thereto. The policy shall be eeDe 2.1994 File 00712 30 This contracl il' proteeled by Copyright. Ule o/Q ('('IX: 2 documenl nol containing a CCIX' 2 copyright .\"1'01 COnI/itute.I' Qn infringement 01 Copyright. Only.liWI/hi.l' cuntract [('(he documen! COl'er page h<:ars a CeDe 2 copyright .I'ealto demomlrate rha{ II is intended by {he panic.1 10 h<: an accurate and unamended WH.I'lOn 'iICCU' 2 1994 e:.n::epl/o the exlentlhat any alteratiollS. addiliom or !1Iodilicwiolls are sdjorlh ill supplementary conditions. endorsed to provide the Owner with not less than 30 days notice in writing in advance of any cancellation, and of change or amendment restricting coverage. .2 Automobile Liability Insurance: Automobile liability insurance in respect of licensed vehicles shall have limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to property, covering all licensed vehicles owned or leased by the Contractor, and endorsed to provide the Owner with not less than 15 days notice in 'Nriting in advance of any cancellation, change or amendment restricting coverage. Where the policy has been issued pursuant to a government-operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. .3 Aircraft and Watercraft Liability Insurance: Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the fVork, including use of additional premises, shall be subject to limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than $2,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the O'v'mer. The policies shall be endorsed to provide the Owner with not less than 15 days notice in 'Nriting in advance of cancellation, change, or amendment restricting coverage. .4 Property and Boiler and Machinel1" Insurance: (1) "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 Contract Price and the full value, as stated in the Supplementary Conditions, of Products that are specified to be provided by the (ll-vner for incorporation into the Work, with a deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 4042 or its equivalent replacement, provided that IBC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 10 days after the date of the final certificate for payment. (2) Boiler and machinery insurance shall be in the joint names of the Contractor, the Owner, and the Consultant for not less than the replacement value of the boilers, pressurc vessels, and other insurable objects forming part of the Work. The insurance provided shall not be less than the insurance provided by the "Comprehensive Boiler and Machinery Form" and shall be maintained continuously from commencement of use or operation of the property insured and until 10 days after the datc of the final certificate for payment. (3) The policies shall allow for partial or total use or occupancy of the Work. Ifbecause of such use or occupancy the Contractor is unable to provide coverage, the Contractor shall notify the Ovvner in \vriting. Prior to such use or occupancy the Owner shall provide, maintain, and pay for property and boiler insurance insuring the full value of the fVork, as in sub-paragraphs (1) and (2), including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon tennination of coverage. (4) The policies shall provide that, in the case ofa loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to eeDe 2 - 1994 File 00712 31 Thi.\' con/rod is pro/eeled by Copyright. Use (!lu CCDe 2 document no/ containing a eeDe 2 copYflghr seal cunsli/u/es an infringement ofCopyrigh/. Only sign Ihis con/racl ijrhe document ('(J)'ef page bears a CCDe 2 mpyrighlseal/IJ demons/ra/e lhar il is in/ended by rhe parlie.I' /0 he an aCC71rale and unamended version n(CCDC 2-- 1994 exceptio the exlent/hat all)" ullerat;orlS, additions or modifications are se/forth in supplemen/ary conditions. the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor. (5) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and as provided in (;(~ 52 ,-\Pl'UC;\'T10\S FOn. Pj{{)(iRL.:8S PAY\-lLNT' and CC 5.3 ~ PT{()(jRESS Pi\, \'Mf;'NT. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work. (6) In the case of loss or damage to the Work arising from the work of another contractor, or Owner's own forces, the Owner, in accordance with the Owner's obligations under 32,2>-1 of GC 3,2 CONSTRUCTION BY OWNCR OR OTIIER CONTHACIORS, shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as provided in (!e APFLJC/\TfONS FUR PRC)fjRESS PA Yl\iIL<\'] and G(' 5,3 PFOGKL':SS Pi\ '{\/lL>rr. .5 Contractors' Equipment Insurance: "All risks" contractors' equipment insurance covering construction machinery and equipment used by thc Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Chvner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance, the (ll-vner agrees to waive the equipment insurance requirement. 11.1.2 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of C;(' (lI - PRCirl,Cff(}N (H' \\/ORK AND PROPL:RTY and (r(:' (j.2 ..J.j,\t\:lA(jL,:S"1.ND \:lU'CUAL RLSP()l\SiEJLJTY. 11.1.3 \\'here the full insurable value of the Work is substantially less than the Contract Price, the Owner may reduce the amount of insurance required or waive the course of construction insurance requirement. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the (hmer shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Ovvner on demand or the Owner may deduct the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shaH be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. GC 11.2 BONDS 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Ort.ner any surety bonds required by the Contract. 11.2.2 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place o/the Work and shall be maintained in good standing until the fulfilment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CeDe approved bond forms. CCDC2-1994Fi1e00712 32 Thi.~ contract i.I' protecled by Copyright. [III' (!fa CCOC 2 docl/menj not comaining a CCDC 2 copYrlghl xeol ,'onslituleI an in,tringemen! ofC'opyrighl. Onl)! ,l'ign Ihis wnlracllfihe doel/men! cowr pafiC bears a CCDe 2 copyrif:ht sea/to demonsrrate Ihat it is intended by the parries to he on oceurale alld unamended l'enion o{Ccrx 2 1994 except 10 the extent thai any aiterotio/l.l, addition.\" or fflodificaliof/s are .Ie/forth in supplementary wnditio/ls PART 12 INDEMNIFICATION - WAIVER- WARRANTY GC 12.1 INDEMNIFICATION 12.l.1 The Contractor shall indemnifY and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings (hereinafter called "claims"), by third parties that arise out of, or are attributable to, the Contractor's perfonnance of the Contract provided such claims are: .1 attributable to bodily injury, sickness, disease, or death, or to injul)' to or destruction of tangible property, and .2 caused by negligent acts or omissions of the Contractor or anyone for \",'hose acts the Contractor may be liable. and .3 made in \"'Titing within a period of6 years from the date of Substantial Performance of the f,Vork as set out in the certificate of Substantial Performance of the JYork, or within such shorter period as may be prescribed by any limitation statute of the province or territoI)' of the Place qf the Work. The Owner expressly viaives the right to indemnity for claims other than those stated above. 12.1.2 The obligation of the Contractor to indemnifY hereunder shall be limited to $2,000,000 per occurrence from the conunencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of $2,000,000. 12.1.3 The Owner shall indemnifY and hold harmless the Contractor, the Contractors agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract v,:hich are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.4 GC 12.1 -INDEMNIFICATION shall govern over the provisions of 13.lof(;( .3 - I<I(;IITS /\\i)RL,\'lEDILS or CC: 9.2 ~l)A\'l:\(;ES AND \l(_i-il;'ALRL:.~l)()NS!nlLr[-\", GC 12.2 WAIVER OF CLAIMS 12.2.1 Waiver of Claims by OUlner As of the date of the final certificate for payment, the Olvner expressly waives and releases the Contractor from all daims against the Contractor including v,:ithout limitation those that might arise from the negligence or breach of contract by the Contractor except one or more of the lo11oviing: .1 those made in VvTiting prior to the date of the final certificate for payment and still unsettled; .2 those arising from the provisions ofGC 12.1 -INDEMNIFICATION or GC 12.3 - WARRANTY; .3 those arising tram the provisions of 9__'5 i)l' fie 9,3 - TC)XH '\'\1) JL\!.\RDO\ "- SUHST.\NCES /\ND M/\llJZL-\I..S and arising from the Contractor bringing or introducing any toxic or hazardous substances and materials to the Place of the ~Vork after the Contractor commences the Work. In the Common Law provinces GC 12.2.1.4 shall read as follows: .4 those made in \'vTiting vvithin a period of6 years from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Pe'formance of the Work, or within such shorter period as may be eeDe 2 - 1994 File 00712 33R This contract i,I' protected by Copyright. U.I'e ofa CCLl(' 2 Jocumen/ not containing a CC[X~ 2 cOPYr/gh/ .I'wl cons/itutes an i~fringement ofCopyr/ghl, Only sign this con/rocl if'lIw w)Cument corer page bear.1 a CCIX:' 2 copyright .\'eal/o demons/role thai it i,I' in/ended by Ihe par/ie,,' /0 be an an:urate and unamended venlun rgCCTX' 2 1994 ecepllO /ne exten/tnal any ai/era/lam, addition.>' or modi/ications un; .w:!lforth in ,l'Upplememary conditions prescribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from the Contractor's performance of the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein "substantial defects or deficiencies" means those defects or deficiencies in the ff"ork \\lhich atlect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 12.2.1.4 shall read as foHo\\ls: .4 those arising under the provisions of Article 2118 of the Civil Code of Quebec. 12.2.2 Waiver of Claims by Contractor As of the date of the final certificate for payment, the Contractor expressly waives and releases the (MIner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Chj!ner except: .1 those made in wTiting prior to the Contractor's application for final payment and still unsettled; and .2 those arising from the provisions of (;C' 93 - f\l\lC' ANL) f-L:\ZARDOliS SUBSTANCES ;,\ND \lf~'l'F',RT/\l,S or GC ]n.3 - PArl:""-!' 1;[1:8< 12.2.3 GC 12.2 - WAIVER OF CLAIMS shall govern over the provisions of paragraph 1 ;,1 or (Je' .3" H,JCiHTS '\,\0 REMEDIES or OC 9,1-UA\-li\GH c\\1l MUll Al RI'SFONSU3IU I Y, GC 12.3 WARRANTY 12.3.1 The warranty period with regard to the Contract is one year from the date of Substantial Performance of the f1/ork or those periods specified in the Contract Documents for certain portions of the f-.Vork or Products. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 Except for the provisions of paragraph 12.3.6 and subject to paragraph 12.3.2, the Contractor shall correct promptly~ at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the warranty periods specified in the Contract Documents. 12.3.4 The Owner) through the Consultant, shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.3. 12.3.6 The Contractor shall be responsible for obtaining Product warranties in excess of one year on behalf of the Owner from the manufacturer. These Product warranties shall be issued by the manufacturer to the benefit of the Oi-vner. eeDe 2 -1994 File 00712 34R this contract ~\' prOla'led by Copynghl. Ure ufo ccrx: 2 doeuml!nl nol comaining a C(,'D(~ 2 copyright xea! com/itules an injringemr::nI oICup)mghl. Un~y sign Ihi.\' con/rae! ijlhr doclIme11l cover page bears (1 CClX' 2 copyflghl seal/o demonxlrOle Ihm il i_I" in/ended by Ihe parlJe,\' If) he an a('(urale and unamended version o{'(\~lX' 2- 199./ ecepllO Ihe exlenllhal anyalIera/ions, addi/ionx 01' mod(ficallon.\ are selfurlh in .wpplemenlary conditions SECTION 00812 SUPPLEMENTARY CONDITIONS THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT, STANDARD CONSTRUCTION DOCUMENT - CCDC 2 - 1994, File 00502, shall be considered complete only as amended and supplemented by the following SUPPLEMENTARY CONDITIONS. 1.01 DEFINITIONS .1 Add new Paragraph: 21. Specifications and Drawings Specifications and documents included in the Contract Documents are referred to in the specifications as Specifications and Drawings. 1.02 GC 3.9 LABOUR AND PRODUCTS 3.9.4 Add new Paragraph: .1 Perform work under applicable Provincial Codes and/or labour agreements on a single shift, straight-time basis for normal hours per week as defined by the Provincial Codes and/or labour agreements in force. The cost for overtime required beyond the normal working day to complete individual construction operations of a continuous nature, such as pouring or finishing of concrete or similar work, or work that the Contractor elects to perform at overtime rates without the Owner requesting it, shall not be chargeable to the Owner. 1.03 GC 3.12 USE OF THE WORK 3.12.3 Add new Paragraphs: . 1 3.12.4 Project CL2006-12 06.05.24 If work or storage areas in addition to areas provided by the premises are required, the Contractor shall be responsible for making arrangements to obtain the additional areas, whether adjacent to the premises or not, and for making permit and rental payments that may be required. As used in Paragraph 3.12.3, the 'premises' means the work site area as enclosed by work site lines and/or property lines and access thereto as shown on Drawings, or as designated by the Consultant. Page 1 1.04 1.05 1.06 1.07 1.08 Section 00812 Supplementary Conditions GC 5.3 PROGRESS PAYMENT .1 Amend the phrase "5 days" in Paragraph 5.3.2 to read "30 days" . GC 5.7 FINAL PAYMENT .1 Amend the phrase "5 days" in Paragraph 5.7.4 to read "30 days" . GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK Delete GC 5.5.3 in its entirety. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK .1 Add new Paragraph: 5.6.3 Each application for release of Subcontractor's holdback on totally performed Subcontracts prior to Substantial Performance of the Work as permitted under the Construction Lien Act, 1983, and current amendments, shall be accompanied by Workers' Compensation Board clearance and a statutory declaration from the Subcontractor that the work has been totally performed. The Statutory Declaration from the subcontractor shall also contain a statement that all accounts for labour, subcontractor, products, supplies and construction machinery, and equipment, which have been incurred by the Subcontractor, have been paid in full. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.9 Add new Paragraph: .1 Project CL2006-12 06.05.24 Within 5 days of receipt of the Notice of Arbitration by the responding party, as contemplated by Paragraph 8.2.6, the Owner and the Contractor shall deliver to the Consultant the following: a) b) Copy of the Notice of Arbitration: Copy of the Supplementary Conditions 8.2.9 to Page 2 8.2.10 8.2.11 8.2.12 8.2.13 Project CL2006-12 06.05.24 Section 00812 Supplementary Conditions c) 8.2.15 or this contract; and Copies of all written claims, correspondence or other materials relating to the issues in dispute, which the Contractor or the Owner, have forwarded to delivered to each other. The Owner and the Contractor agree that the Consultant may elect, within ten days of receipt of the notice under paragraph 8.2.9 to become a full party to the arbitration under paragraph 8.2.6 if the Consultant; a) has a vested or contingent financial interest in the outcome of the arbitration; gives the notice of election to the Owner and the Contractor before the arbitrator is appointed; agrees to be a party to the arbitration within the means of the rules referred to in paragraph 8.2.6; and, agrees to be bound by the arbitral award made in the arbitration. b) c) d) If the Consultant is not given the written notice required under paragraph 8.2.9, both the Owner and the Contractor are estopped from pursuing an action, counter claim or other proceeding or making an application against the Consultant arising out of the issues in dispute in the arbitration between the Owner and the Contractor under paragraph 8.2.6. If an election is made under paragraph 8.2.10, the Consultant may participate in the appointment of the arbitrator and, notwithstanding the rules referred to in paragraph 8.2.6, the time period for reaching agreement on the appointment of the arbitrator shall begin to run from the date the respondent receives a copy of the notice of arbitration. The arbitrator in the arbitration in which the Consultant has elected under paragraph 8.2.10 to become a full party may: a) on application of the Owner or the Contractor, determine whether the Consultant has satisfied the requirements of paragraph 8.2.10, and; make any procedural order considered necessary to facilitate the addition of the Consultant as a party to the arbitration. b) Page 3 8.2.14 8.2.15 1.09 GC 11. 1 INSURANCE Section 00812 Supplementary Conditions The provisions of paragraph 8.2.9 shall apply mutatis mutandis to written notice to be given by the Consultant to any sub-consultant. In the event of notice of arbitration given by a consultant to a sub-consultant, the sub- consultant is not entitled to any election with respect to the proceeding as outlined in 8.2.10, and shall be deemed to be bound by the arbitration proceeding. .1 Delete the contents Item GC 11.1 Insurance in its entirety and replace the contents with the following paragraph: 11.1.1 Proj ect CL2006-12 06.05.24 Without restricting the generality of GC 12.1 IDEMNIFICATION, the Contractor shall provide, maintain, and pay for the insurance coverages specified by Tender CL2006-12, forming a part of this contract. * * * END OF SECTION Page 4