HomeMy WebLinkAbout93-156 s
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93- 156
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Winvalley Contracting, Whitby, Ontario, in respect of
the Construction of a Salt Shed.
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 with the Corporation Seal, a contract between
Winvalley Contracting and said Corporation.
2 . THAT this agreement attached hereto as Schedule "A" form
part of this By-law.
By-law read a first and second time this 12th day of October,
1993 .
By law read a third time and finally passed this 12th day of
October, 1993 .
M yon
Clerk
CONTENTS
AGREEMENT BETWEEN
OWNER AND CONTRACTOR
DEFINITIONS
GENERALCONDITIONS OFTHE
STIPULATED PRICE CONTRACT
GC NO.
General 1
Documents 2
Additional Instructions 3
Consultant 4
Delays
Ownees Right to Perform Work or Stop 5
the Work or TeM Stop the Work or
. Conuactoes Rig g
Terminate Contract 7
Disputes g
Assignment 9
other Conrractcrs 10
Subcontractors
Changes 11
changes in the Work
Valuation and Certification of Changes 12
in the Work
Payment 13
Applications for Payment 14
r Certificates and Payments
l The Canadian Construction Documents Committee is Goyem"sr►g Regulations 15
joint Committee Composed of representatives aPPo Taxes and Duties
16
by: laws.Notices.Permits and Fees 17
Patent Fees 18
The Association of Consulting Engineers of Canada Workers•Compensation insurance
The Canadian Construction Association insurance,pratectiors and Damages
The Canadian Council of Professional Engineers 19
Constriction Specifications Canada Indemnification 20
The Royal Architectural Institute of Canada Insurance 21
protection of Work and Property 22
Committee policy and proved
ures are directed and ap- Damages and Mutual ResponsibiCty
proved by the constituent asSociatiOns. Performance Protection 23
bonds 24
This document has been endorsed by each of the above Warranty
organizations.
Execution of the Work
Enquiries should be directed to: Contractor's Responsibilities and Control 25
of the Work 26
The Secretary. Superintendence 27
Labour and Products 28
Canadian Construction Documents Committee. Subsurface Conditions
85 Albert Street, Use of the Work 30..
Ottawa,Ontario,Canada KIP 6A4. Cleanup and Final Cleaning of the Work 31
Cutting and Remedial Work 32
inspection of the Work 33
Rejected Work 34
Shop Drawings
t' Copyright 1982 Allowances 35
CCDC Copyr g Cash Allowances 36
Must not be copied in whole or in part without the written Contingency Allowance
permission of the CCDC.
Standard Construction Document -CCDC2 1982
AGREEMENT BETWEEN OWNER AND CONTRACTOR
for use when s stipulated Prics forma tha basis of peymant and
fae used only with the Generat Cbrtditions of tha Stipulated
PriCe Contract.
October , •„
13th . . . . . . .day of. . . . . . . . .. .. .. . . . .. .... . ..
de on the - . .. .' . . . . ..
This Agreement ma ... . . . .
ninety-three . . ..... .... . . ... . . . . .. . _ .. . .
In the year nineteen hundred and. ••• • • • •• •
by and between Municipality of Clarington
.. .. . .._.The Corporation of the
hereinafter called the"Owner"
and . . . . . -
. . . . .. . . . . . ... ..... . . .Winvalley Contracting. . . .... _. . . . . . . . . . . . . .. . . . . .. . . .. . . . .
hereinafter called the"Contractor"
witnesses:that the parties agree as follows
ARTICLE A-1 THE WORK
The Contractor shall: Salt_Shed
NW93-31 - Construction. of .. .
(S) perform the Work required by the Contract Documents for . .. ... . . • .(,A�t her@ the dr/e Of the work and the Al&ctl
which have been signed by the parties,and which were prepared by •.- -• • •••• • •• -
acting as and hereinafter called the"Consultant"and
(b) do and fulfill everything indicated by this Agreement,and
... ..clay of . . . .... .. . . . . . . ...
.19_...and attain Substantial
(a) commence the Work by the..... . :. . • • 3 October . . . . .
1St •day of --
Performance of the Work.a$certified by the Consultant,by the. . . . . .. . . . . . ... .
ARTICLE A-2 CONTRACT DOCUMENTS
The following is an muctIst of the Contract Documents referred to in Artide A•7 of this Agreement and'.sions of the
hem 2 of DEFINITIONS.This w is subject to subsequent amendments in accordance with the
in .Temu used in the Contract pocuments which are defined in the
Contract and agreed upon between the parties
attached OEFINMONS shall have the meanMs designated in those DEFINITIONS.
Insert here,attaching�addislonal pages If required,a rat the Contract Documents Incluo"rng:The Agree-
here, moms. �� drawlrVs.g�vrng drawing number, tide, date.
rent~ Genera!Cand 60fM Supplementary Coed..
�n a /ist of contents with section numbers and tides, number of
r,�on date or rmrk and spec#kad0fM 9 g a fist f cOn a the Contract Locuments.l
pages,end dare or revision marks.Clearly Identify
SUppTj=NTa y CONDITIONS — 1982 are
The General. Conditions of the Stipulated Price Contract CCDC 2
hereby amended as follows:
GC 1 DOCUMENTS
1.1 Change "duplicate" to read "triplicate"
e sub-paragraph (e) to read (f) .
1.6 age sub-paragraph (f) to read (g) -
Add the following new sub-paragraph:
Specifications shall govern over other
(e) Division 1 of the Spec
Divisions of the Specifications
GC 3 CONSULTANT read "Owner" for
Items 3.1, _ 3.21 3.3, 3.41 3.5, 3.8, 3.11 and 312,
Consultant.
GC 7 DISPUTES
7.5 Change to read: submitted
tes not resolved as outlined in paragraph 7.1 shall be Arbitration
Dispu
to arbitration in accordance with, the provisions of the Arbitration
Act of Ontario.
GC 12 vAI,U�,TION AND CERTIFICATION OF CHANGES IN THE WORK
Add the following new paragraph:
e changes in the work are to be established y cost and a N
12.7 Weer g rcentage
percentage fee the following Pe
The Contractor shall be entitled to e he -up for combined
overhead and p
�a) profit. of 15% on work h performs-
b Sub-contractors shall be entitled heaperforup for combined
( ) overhead and profit of 10% on work
(c) The Contractor shall be � on
to a tradCtors .
overhead and. profit of 5
SUPPLEMENTARY CONDITIONS (Continued)
GC 14 CERTIFICATES AND PAYMENTS
14.2 Change -five- (_9) " to read "thirty (30) " •
14.7 Change "five (5) " to read 'thirty (30) " •
14.12 Delete in its entirety.
GC 19 INDEMNIFICATION
19.1 Delete subsection (c) and the sentence immediately following.
19.2 Delete
GC 23 BONDS '
Change paragraph 23.1 to read:
promptly provide and pay for a Performance Bond
The Contractor shall p performance
in the amount of 100% -of the Contract Price covering the pe
of the Contract including the requirements of GC 24 WARRANTY•
Renumber paragraph 23.2 as paragraph 23.3
Add as paragraph 23.2
The Contractor shall also promptly provide and pay for a Labour and
Material Payment Bond in the amount of 100 of 'the "Contract Price.
GC 25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
Add the following new paragraphs
25.7 The Contractor shall be deemed to .have fully examined the site prior
to submitting his price and to have noted the surroundings and all
local conditions as they may affect the work. Except as provided
under GC 28 "Subsurface Conditions" no additonal compensation will
be allowed. for extra costs the Contractor incurs as a result °visit
conditions that could reasonably have been observed during s
to the site.
ARTICLE A-3 CONTRACT PRICE
Thirty= -
Five usa
Thond ,and,Three HuQQred.and..Fifty.Eight. dol.l-ars -
7�eContractPriceis
..---• •-- d.fift�en-cuts.. ..... . .. . ..
.... ...dollars
$35,358.15 . )in Canadian funds, which price shall be subject to adjustments as may be
15 . . . . . . . . . . . . . . . . . . . . . .
required in accordance with the provisions of the Contract Documents.
ARTICt.E A-d PAYMENT of the Contract and in accordance with
(a) Subject to applicable legislation and the prov holdback percentages and. where such legislation or regula-
tegisiation and statutory regulations respecting —percent t ten %).
bons do not exist or apply.subject to a holdback of f
the Owner shall:
(1) make monthly payments in Canadian�f ndss tobthe te��ru a?°�account a{ the Contract Price. The
amounts of such payments shall be as
(2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the
unpaid balance of holdback monies then due,and
(3) upon Total Performance of the Work as certified'by the Consultant pay to the Contractor the unpaid
balance of the Contract Price then due.
the event of toss or damage occuring where payment becomes due under the property and boiler insurance
(b) 'in
. the Contractor in accordance with the provisions of GC 20 --
poriCies, payments shall be made to
INSURANCE. or
(c) tf the Owner fails to make payments to the Contractor as they become due under { e terms of this Conir%)per
in an award by arbitration or court, interest of
annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be
calculated and added to any unpaid amounts m Y
ARTICLE AS RIGHTS AND aEMED1ES
(a) The duties and obligations imposed by the ion c�aoY duties obligations,rights
ighs and remedies available
thereunder shaft be in addition to and not a limitation
imposed or available by law.
(b) 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.
3
CC13C 2— 1982 File 00510
-ARTICI.E A-6 RECEIPT OF AND ADDRESSES FOR NOTICES
Communications in writing between the parties or between them and the Consultant.shall be considered to have
of the
been received by the addressee on the date of delivery if delivered by hand to the Individual oto a member
have been
firm or to an officer of the corporation for whom they are intended or if sent by post by telegram.
delivered within five(5)working days of the date of mailing, dispatch or of delivery to the telegraph company when
addressed as follows:
The Owner at. .. .. . 40 ,Temperance Street. . . . . .. . . .. . .. . . .. . ..... . ... . .. .. . . ... . .. .... ..
. . . ...
••. • • streerendnumberenri Postal box number epplieable
Bowmanville, Ontario L1C 3A6
..••....... . ....... . .'' ..• ..•. ... . .. .. . • • .. . •...... ... . .._post affnv or dl fkt province,Postal code
at 11 Valley Court . . . . . . . . .... . . .. • . .. .. . ..--- ---. . . .. .. .... .. . . ..
The Contractor , . . .. . . . .. . • •• . . • wte ndnwnber.ndoosrwboxnumberif.PPkeb
Whitby, Ontario L1N 3H4
., . . . .. . .. . . . . . . . .• .. .• . . • . . . • • • •• • • • . . . . . • • • . . . .. . . . ..post office or district,Province.Postal code
The Consultant at . . .. ...... ...... .. . . . .. ... . .'. . .. . . .... _: . . .e.. ....• -�ostalboxnumberifepplicable
Street and nuMbCNnd p
.. ... ... .. ... ... ......... .. ..... . .... . . . . . . ... ... . .... . .• - Post office,ordis&kt Province,postal code
ARTICLE A-7 LAW OF THE CONTRACT
The law of the Place of the Work shall govern the interpretation of the Contract.
ARTICLE A-$ LANGUAGE OF THE CONTRACT
When the Contract Documents are prepared in both the English and French languages. �l reed that in the
language shall
event of any apparent discrepancy between the English and French versions, the French
prevail.
This Agreement is drawn to F,ng
lish at the request of all parties hereto; ce marches est r6dig6 en anglais b la
demande de touter If-'s parries-
•Coln A lere this statement by striking out inapplicable term if the Contract Documents have been prepared and
issued in both offF ivl languages of Canada_
CCnC 2—1qV r-'(000510
a
ARTICLE A-9 SUCCESSION
-The General Conditions of the Stipulated Price Contrahereto
and the whole shat constitute othe Contract rbei
bocuments- are to be read into and form part of this
tween the pardes and subject to law and the provisionirOfleh a1Canrepresentatives, Lessors and assigns.benefit of and
upon the parties hereto,their respective h 9
be binding P
In witness whereof the parties hereto have execufed;thAgreement under their respective corporate seals and
Y by the hands of their proper officers thereunto duly authorized.
SIGNED. SEALED AND DELIVERED
in the presence of:
OWNE4t
The Corporation of the Municipalityry
-of•Elaringt-ors.. . . .. .. .. ... . .
nerve Aad riare . . . ... .. . . . .. ........ .... .... . .. ... ... ...
. . .. VMA&Ss
slynar n ...
Ack name and tide
name and dde
CONTRACTOR
.Winvalley.Contracting
.. . .. .
}
sigr,eurre .
name and ride
. .......... .. . .. . . . . ........... ... ... ..• - wrUfass•
rignarur! ., . ....
. .. .. . ... . . ....... . . . .... ....... . . ... . .. . nama and tide
f11fm ar►d dde
N.B.Where legal jurisdiction,local practice,or Owner or Contractor requirement calls for proof of authority son x of
C ecute this document, Proof of such authority in the form r a certified copy h a resolution ation of Partnership.Parties
persons in question as authori2ed to sign the Agreement for and on behalf of the corporation
to this Agreement,should be attached.
Staoda,d Construction Docurnent — CCDC 2—1982
DEFINITIONS
The following Definitions shall apply to all Contract Documents.
The Contract 4
The Contract Documents form the 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. The Contract supersedes all prior negotiations,
representations or agreements,either written or oral,including the bidding documents.The Contract may
be amended only as provided in the General Conditions of the Contract.
2. Contract Documents
The Contract Documents consist of the executed Agreement between the Owner and Contractor, the
General Conditions of the Contract, Supplementary Conditions, Definitions, specifications.drawings and
such other documents as are listed in Article.A-2 — CONTRACT DOCUMENTS including amendments
thereto incorporated before Contract of upon Contract and subsequent art emmendments thereto made pur-
suant tot e provisions
3. Owner
The Owner_is the.person, firm or corporation identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number and masculine in gender. The term Owner
means the Owner or his authorized agent or representative as design"ated to the Contractor in writing but
does not include the Consultant.
a. Consultant
The Consultant is the person, firm or corporation identified as such in the Agreement, and is r Architect
or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to
throughout the Contract Documents as if singular in number and masculine in gender.
5. Contractor
The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to
throughout the Contract Documents as i singular in nu as designated masculine
the Ow gender.wh ling. Contrac-
tor means the Contractor or his author
6. Subcontractor ith
A Subcontractor is a person,firm or corpproducts work d to at special design taccordi g tor the pCont act
part or parts of the Work, or to supp y P orked.The term Subcontrac-
Documents,but does not include one who merely supp lies products not so w
for is referred to throughout the Contract Documents as if singular in number and masculine in gender.
7. The Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
8. The Work
ion and related services required by the Contract Documents.
The Work means the total construct
9. Products
Products means material, machinery, equipment and fixtures forming the Work but does not include
ection of the Work and nor-
machinery and equipment.used for preparation, fabrication, conveying and er
malty referred to as construction machinery and equipment.
10. Other Contractor
firm or corporation employed by or having a separate contract directly
Other Contractor means a person,
or indirectly with the Owner for work other than that required by the Contract Documents.
1 11. Place of the Work
The Place of the Work is the designated site or location of the Project of which the Work may be the whole
Of a part.
CCOC 2 —
12. Time
(a) The Contract Time is the time stipulated in the Contract Documents for Substantial Performance of
the Work.
(b) The date of Substantial Performance of the Work is the date certified as such by the Consultant.
(c) Day means the calendar day.
(d) Working day means days other than Saturdays, Sundays and holidays which are observed by the
construction industry in the area of the Mace of the Work.
13. Substantial Performance of the 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 shaft 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.
14. Total Performance of the Work
Total Performance of the Work means when the entire Work. except those items arising from the provi-
sions of GC 24 — WARRANTY.has been performed to the requirements of the Contract Documents and
is so certified by the Consultant.
15. Changes in the Work
Changes in the Work.means additions, deletions, or other revisions to the Work within the general scope
of the Contract.
Standard Construction Document—CCDC 2— 1982
THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT
(Hereinafter referred to as the General Conditions:)
GC 1 DOCUMENTS
1,1 The Contact Documents shall be signed in duplicate by the Owner and the Contractor.
1.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if
required by all. for the
1,3 The intent of the Contract Documents is to include the labour, products and services necessary docu
Con-
performance of the Work inaccordance work not orlsistent with, covered by
r property r infe able from
tractor shall supply products perform
the Contract Documents.
I A Words and abbreviations which have well known technical or trade meanings are used in the Contract
Documents in accordance with such recognized meanings.
1.5 References to the masculine or the singular shall be considered to include the feminine and the plural as
the context requires-
1 ig In the event of conflicts between va Contract Documents m�I n though they may differ from dimensions shall(a) figured dimensions shown
scaled on the same drawing,
(b) drawings of larger scale shall govern over those of smaller scale of the same date,
(c) specifications shalltgovern over drawings,
(d) the General Conditions shall govern over specifications.
(e) Supplementary Conditions shall govern over the General Conditions,and
(f) the executed Agreement between the Owner and Contractor shall govern over all documents.
Notwithstanding the foregoing,documents of later date shall always govern.
1.7 The Contractor shall be provided without charge with as many copies of the Contract Documents or parts
thereof as are necessary for the performance of the Work.
1-8 The Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of the
Work,in good order and available to the Consultant and his representatives.This requirement shall not be
considered to include the executed set of Contract Documents. d shall remain his
1.9 Drawings,specifications, models and copies thereof furnished bt to CConsultant a arty to this Contract- Such
property with the exception of the signed contract sets belonging
documents and models are to be used only with
P n any manner without the wr tten rah thorn-iza-
Such documents and models
lion of the Consultant.
t the Owner's expense are the property of the Owner.
1.10 Models furnished by the Contractor a
GC2 ADDITIONAL INSTRUCTIONS . :.such
ork the I instructions
2.1 During the progress of thecWDocum nits as ant be furn
necessary for herperformance of 1the W rk Such
to supplement the Contra
instructions shall be consistent with the intent of the Contract Documents.
2.2 Additional instructions may be in the form of specifications, drawings, samples, models or other written
instructions.
2.3 Additional instructions will be issued by the Consultant with reasonable promptness and in accordance
1 with a schedule agreed upon for such instructions.
GC3 CONSULTANT
3.1 The Consultant will provide administration of this Contract as described in the Contract Documents.
3,2 The Consultant will be the Owner's representative during construction and until completion of any
correction of defects under the provisions of GC 24 — WARRANTY,paragraph 24.2,or until the issuance .
of the certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the
Contractor shall be forwarded through the Consultant.The Consultant will have authority to act on behalt
of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by
written agreement in accordance with paragraph 3.13.
3.3 The Consultant will not be responsible for'and will'not Have control or charge of construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs required for the
Work in accordance with the applicable construction safety legislation, other regulations or general con-
struction practice. The Consultant will not be responsible for or have control or charge over the acts or
omissions of the Contractor, his Subcontractors or their agents, employees or other persons performing
any of the Work.
3.4 The Consultant will visit the site at intervals appropriate to the progress of construction to familiarize
himself with the progress and quality of the Wf ork and to determine in general if the Work is proceeding in
accordance with the Contract Documents. However, the Consultant will not make exhaustive or con-
tinuous on-site inspections to check the quality or quantity of the Work.
3.5 Based on the Consultant's observations and his evaluation of the Contractor's applications for payment,
the Consultant will determine the amounts owing to the Contractor under the Contract and will issue cer-
tificates for payment in such amounts, as provided in Article A4 — PAYMENT and GC 14•
—CERTIFICATES AND PAYMENTS.
3.6 The Consultant will be,in the first instance,the interpreter of the requirements of the Contract Documents
and the judge of the performance thereunder by both parties to the Contract.Interpretations and decisions
of the Consultant shall be consistent with the intent of the Contract Documents and in making his deci-
sions he will not show partiality to either party.
3.7 Claims, disputes and other matters in question relating to the performance of the Work or the
interpretation of the Contract Documents shall be referred initially to the Consultant in writing for decision
which he will give in writing within a reasonable time.
3.8 The Consultant will have authority to reject work which in his opinion does not conform to the
t
requirements of the Contract Documents.Whenever he considers it necessary or advisable he will have
authority to require special inspection or testing of work whether or not such work be then fabricated,
installed or completed. However, neither the Consultant's authority to act nor any decision made by him
either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consul-
tant to the Contractor, his Subcontractors,or their agents,employees or other persons performing any of
the Work.
3.9 The Consultant will review and take appropriate action upon the Contractor's submittals such as shop
drawings,product data,and samples in accordance with the requirements of the Contract Documents.
3.10 The Consultant will prepare change orders in accordance with the requirements of GC 11 — CHANGES IN
THE WORK.
3.11 The Consultant will conduct inspections to determine the dates of Substantial Performance of the Work
and Total Performance of the Work in accordance with the requirements of GC 14 — CERTIFICATES
AND PAYMENTS. He will receive and review written warranties and related documents required by the
Contract and provided by the Contractor and will forward such warranties and documents to the Owner
for his acceptance.
3.12 If the Owner and the Consultant agree the Consultant will provide at the site one or more project
representatives to assist the Consultant in carrying out his responsibilities.The duties, responsibilities and
limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
3.13 The duties, responsibilities and limitations of authority of the Consultant as set forth in.the Contract
Documents will not be modified or extended without the written consent of the Owner,the Contractor and
the Consultant.
3.14 In the event of the termination of the employment of the Consultant, the Owner shall immediately appoint
a Consultant to whom the Contractor makes no reasonable objection and whose status under the Contract
shall be that of the former Consultant.
3.15 Nothing contained in the Contract Documents shall create any contractual relationship between-the !
Consultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other per-
sons performing any of the Work.
GC4 DELAYS omission of the Owner,
4,1 It the Contractor is delayed in the performance of the Work by an act or
' Consultant, Other Contractor.tract Documents, then employed oCon engaged
act Time shall be extended for sulch reasonable
the provisions of the
\ time as the Consultant may decide in to by the Contractor he Cone the result of such delay.hall be reimburse
I by the Owner for reasonable
4.2 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 h m directly or indirectly, henethe Contract Time shall the
extended
Contrac-
tor such real employed engaged y _
for such reasonable time the the for reasonable,costs incurred consultation
thetCont Contractor the result of such
Contrac-
tor shall be reimbursed Y
delay.
If the Contractor is delayed in the performance of the Work by tabour disputes, strikes, lock-outs
4.3 recognized contractors'association,of
(including lock-outs decreed or recommended for its members by a recog
which the Contractor is a member°ra,°�otf��'o Contractor m t to a y of the foregoing.by unusual delay by the
common carriers r unavoidable th Contract ca
Contractor's control,then the h the � extended for such reasonable time as the
case shall the extension of time be less than the
may decide in consultation with the
time lost as the result of the event causing the delay, unless Ocosts incurred aextension he resultgofesuch delays
Contractor.The Contractor shall not be entitled to payment
unless such delays are as the result of actions by the Owner. f ter
given to 4.4 No extension-shall be made for delay uness of delay, providing claim
however,that in th case of a continuing
fourteen(14)days after the commencement
cause of delay only one notice of claim shall be necessary. - for delay
4.5 If no schedule is made under ns 2 — As until fourteen (14 INSTRUCTIONS.
days after demand for such instructions ll has
because of failure to fumish instructions
been made and not then unless such claim is reasonable.
4..6 The Consultant will-not, except n t written notice to the Contractor, stop or delay the Work pending
instructions or proposed changes
GCS OWNER'S RIGHT TO PERFORM WORK OR STOP.THE WOass.Ome TER
h benefit oNcreditors
5.1 If the Contractor should be adjudged bankrupt,or makes a g 9 without
because of his insolvency or'rf a receiver is appointed because of his insolvency,the Owner may.
prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in
bankruptcy written notice.terminate the Contract.
5,2 if the Contractor should neglect to prosecute the Work property ul otherwise fails to comply with the statement to
requirements of the Contract tos substantial tial deexists,nd if the Con notify the Contractor in writing that
the Owner and Contractor that
he is in default of his contractual.obligations and instruct him to correct the default in the five(5)working
.days immediately following the eceipt of such notice.
in the five(5)working days specified.the Contractor
5.3 If the correction of the default cannot be completed
shall be in compliance with the Owners instructions if he:
(a) commences the correction of the default within the specified time,and
(b) provides the Owner with an acceptable schedule for such correction,and
(c) completes the correction in accordance with such schedule.
5.4 If the Contractor fails to correct the
ht o default
remedy h may specified yof subsequently agreed upon, the Owner
without prejudice to any other g payment then or thereafter due the Con
(a) correct such default and deduct the cost thereof from any \
Con-
tractor provided the Consultant has certified such cost to the Owner and the Contractor,or
(b) terminate the Contractor's right to continue with the Work in whole or in part or terminate the
Contract.
5 continue with the Work under the conditions set out In
.5 If the Owner terminates the Contractor's right to
this General Condition,he shall:
(a) be entitled to take possession of the premises and products and utilize the construction machinery
ver
1 and equipment the whole subject to the rights of third parties, and finish the Work by
method he may consider expedient but without undue delay or expense,and
(b) withhold further payments to the Contractor until the Work is finished, and
CCOC 2 — 19A2 File 00710
(c) upon Total Performance of the Work, charge the Contractor the amount by which the full cost of
y finishing the Work as certified by the Consultant, including compensation to the Consultant for his
additional services and a reasonable allowance as determined by the Consultant to cover the cost of
corrections to work performed by the Contractor that may be required under GC 24 — WARRANTY, 1
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,he shall pay the Contractor the difference,and
(d) on expiry of the warranty period. charge the Contractor the amount by which the cost of corrections
to his work under GC 24 — WARRANTY exceeds the allowance provided
he difference.
such corrections. or if
the cost of such corrections-is less than the allowance.pay
5.6 If a performance bond has been provided by the Contractor the provisions of this General Condition shall
be exercised in accordance with the conditions of such performance bond.
5.7 The Contractor's obligation under the Contract as to quality, correction and warranty of the work
performed by him up to the time of termination shall continue in force after such terminatwn.
GC6 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT
6.1 If the Owner should be adjudged bankrupt or makes a general assignment for the benefit of creditors
because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may.
without prejudice to any other right or remedy he may have,by giving the Owner or receiver or trustee in
bankruptcy written notice,terminate the Contract.
6.2 If the Work should be stopped or otherwise delayed for a period of thirty(30)days or more under an order
of a court o`other public authority and providing that such order was not issued as the result of an act or
ectly or indirectly employed or engaged by him, the Contractor
fault of the Contractor or of anyone dir
may,without prejudice to any other right or remedy he may have, by giving the Owner written notice,ter-
urinate the Contract.
6.3 The Contractor may notify the Owner in writing,with a copy to the Consultant,that the Owner is in default
of his contractual obligations if:
accordance with the provisions of GC 14
(a) the Consultant fails to issue a certificate in — CER ( J
TIFICATES AND PAYMENT,or `
(b) the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded
by arbitration or court,or
(c) the Owner violates the requirements of the Contract to a substantial degree and the Consultant
confirms by written statement to the Contractor that sufficient cause exists.
The Contractors written notice to the Owner shall advise that if the default is not corrected in the five (5)
working days immediately following the receipt.of the written notice the Contractor may. without pre-
judice to any other right or remedy he may have,stop the Work or terminate the Contract.
6.4 If the Contractor terminates the Contract under the conditions set out above,he shall be entitled to be paid
for all work performed including reasonable profit and 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 of the Contract.
GC 7 DISPUTES
7.1 Differences between the parties to the Contract as to the interpretation, application or administration of
this 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 decision of the Consultant pursuant to the
provis+ons of GC 3 —CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the re-
quirements of this General Condition.
7.2 The claimant shall give written notice of such dispute to the other party no later than thirty(30)days after
the receipt of the Consultant's decision given under GC 3 — CONSULTANT, paragraph 3.7. Such notice
shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the
relevant provisions of the Contract Documents. The other party shall reply to such notice no later than r
fourteen (14).days after he receives or is considered to have received it, setting out in such reply his.
grounds and other relevant provisions of the Contract Documents.
7,3 It the matter in dispute is not resolved promptly the Consultant v delays pending settlement of he
are necessary for the proper performance of the Work and to prevent
dispute. The parties s;alloactrimmediately claim they may have. If it is subsequently determined that such in-
doing neither party w jeopardize
structions were in error or at variance with thee*Cosntrtrract Documents,h the cfi0he was requ red to do beyond
costs incurred by the Contractor in carrying out
what the Contract Documents interruption of the Wood and interpreted would have required him to do, in-
cluding costs resulting from
7.4 It c agreed that de act h s giveparty e otices in accordance renunciation
with paragraph-7'2 rights or the
recourses, provided he has g
instructions as provided in paragraph 7.3. tion
7,5 If the parties have agreed to submit disputes then her ra dispute shall bensubmittted Supplementary
o arbitration indaccorda accordance
Contract, or by subsequent agreement.
with the provisions of the arbitration legislation of the Place of the Work. may submit the dispute to such
7,6 If no provision or agreement is made for arbitration then either party
judicial tribunal as the circumstances may require. paragraph
isptited 7.7 In recognition of.the obligation lemnbothe ispute proceedings the d
commen drkRUr provided eiately fotlowi g he
7.3, it is agreed that senh the
dispute in accordance with the aforegoing settlement of dispute procedures.
GCS ASSIGNMENT
g,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,
GC9 OTHER CONTRACTORS
9.1 The Owner reserves the right to let separate Pa contracts in connection with the Project of which the Work is
a part,or do certain work by his own o performed by the
g,2 When separate contracts are awarded for different parts of the Project, or work is
Owner's own forces,tht Owner shall:
la) provide for the co-ordination of the work of his own forces and,of each separate contract With the
Work of this Contract.and
(b) ensure that insurance coverage is provided to the wwiii h the requirements
insurance coverage tofth srContractor as it
SURANCE.Such insurance shall be
affects the Work of this Contract.
9.3 The Contactor shall co-ordinate the Work act Documents.If the tis a change in thee.cope of the twor're-
connect as specified or shown in the Conte
quired for the planning and perf 1�mCHANGES IN THE WORK, and the value of the changes shall be
authorized in accordance with GC
12 -- VALUATION AND CERTIFICATION OF CHANGES IN THE
determined in accordance with GC
WORK.
9.4 The Contractor shall report to he Consultant any apparent deficiencies in Other Contractors'work which confirm such
would affect the Work of this Contract immediately they shall nvalida a any claims against)he Owner y
report in writing. Failure by the Contractor to so repo
reason of the deficiencies of Other Contractors'work except as to those of which he was not reasonably
aware.
precautions to avoid labour uisputes or other disputes on the Project
9.5 The Owner shall take.all reasonable
arising from the work of Other Contractors.
GC 10 SUBCONTRACTORS g ct to
10.1 The Contractor agrees to preserve n protect
ared to:he rights of the parties under the Contract with respect
work to be performed under perform their ith
(a) enter into contracts with and subject o the tertms aired cconditions of the Contract Documents.and
work in accordance
him.
(b) di as Cully responsible indirectly e too the Owner them as acts and
and omissionto'persons directly employed by son
\ directly or indirectly e p Y
The Contractor tnerefore agrees that he will incorporate the terms and conditions of the Contract
Documents into all subcontract agreements he enters into with his Subcontractors.
10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the
Owner at the signing of the Contract.
10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the
Contractor to employ one of the other subcontract bidders.
10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be
adjusted by the diff erence in cost and mark-up occasioned by such required change.
10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he may
reasonably object.
10.6 The Consultant may, upon reasonable request a nd at his discretion; provide to a Subcontractor infor-
mation as to the percentage or quantity of'the Subcontractor's work which has been certified for payment.
10.7 Nothing contained in the Contract Documents shalt create a contractual relationship between a
Subcontractor and the Owner.
GC 11 CHANGES IN THE WORK
11.1 Except as provided in GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK,
paragraph 12.4:
(a) the Owner, through the Consultant, without invalidating the Contract, may make Changes in the
Work with the Contract Price and Contract Time being adjusted accordingly by written order,and
(b) no Changes in the Work shall be pfOCeededwith without a written order signed by the Owner and no
claim for a change in the Contract Price or change in the Contract Time shall be valid unless so
ordered and at the same time valued-or agreed to be valued as provided in GC 12 — VALUATION
AND CERTIFICATION OF CHANGES IN THE WORK.
GC 12 VALUATION ANP CERTIFICATION OF CHANGES IN THE.WORK
12.1 The value of a change shall be determined in one or more of the following methods:
(a) by estimate and acceptance in a lump sum; J
(b) by unit prices set out in the Contractor subsequently agreed upon;
(c) by cost and a fixed or percentage.fee.
12.2 When a change in the Work is proposed or required the Contractor shall present to the Consultant for
approval his claim for a change in the Contract Price and change in Contract Time with appropriate
documentation in a form acceptable to the Consultant. The Consultant will satisfy himself as to the
correctness of such claim and,when approved by the Owner.o change order shall
value of work performed in the
Con-
tractor amending the Contract Price and Contract Time as appropriate.payment.
change shall be included for payment with the regular certificates for pay
12.3 In the case of changes in the Work to be paid for under methods(b)and(c)of paragraph 12.1,the form of
sts and met
presentation of cohods of measurement shall be agreed to by the Consultant and Contractor
before proceeding with the change.The Contractor shall keep accurate records;as agreed upon,of quan-
tities or costs and present.an account of the cost of the change in the Work,together with vouchers where
applicable.
12.4 If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot
be promptly agreed upon and the change is required to be proceeded with then the Consultant in the first
he method of valuation, measurement,the change in Contract Price and Contract
instance will determine the
Time subject to final det he Lion in the manner set out in GC 7 — DISPUTES.In this case the Consultant
will,with the consent of the Owner,issue a written authorization for the change setting-out the method of
valuation and if by lump sum his valuation of the change in Contract Price and Contract Time.
12.5 In the case of a dispute in the valuation of a change authorized in the Work and pending final
determination of such value,the Consultant will certify the value of work performed in accordance with his
own evaluation of the change and include the amount with the regular certificates for payment.The Con-
tractor shall keep accurate records of quantities and cost of such work.
12.6 It is intended in all matters referred to above that both the Consultant and Contractor shall act promptly.
14
GC 13 APPLICATIONS FOR PAYMENT
13.1 Applications for payment on account maybe made monthly as the Work progresses.
13.2 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 kat that date.
13.3 The Contractor shall submit to the Consultant, at least fourteen (141 days before he total e irst pli the Con-
tract a schedule of values of the various parts of the W o . aggregating
payment.
tract Price and divided so.as to facilitate evaluation of applications
13.4 This schedule shaft be made out in such form and supported by such evidence as to its correctness as the
'Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for
- applications for payment,unless it be found to be in error.
13.5 When making appK4 . ns for payment, the Contactor shall submit a statement based upon this
schedule. Claims for products elive the Consult nt of the maWork asonablY equine to establish rthe value and
shall be supported by such
delivery of the products.
13.6 Applications for release of holdback monies following Substantial Performance of the Work and the
application for fins{ payment shall be made at the time and in the manner set forth in GC 14 — CER-
TIFICATES AND PAYMENTS.
GC 14 CERTIFICATES AND PAYMENTS. application for payment from the
14,1 The Consultant will, no later than ten (10) days after the-receipt of an
NS FOR PAYMENT,issue
Contractor submitted in accordance with GC 13—APPLICATIO certificate for
payment in the amount applied for or in such other amount as he determines to be properly due. !f the
Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for
the amendment. .
14.2 The Owner shall make payment to the Contractor she account araice of an certificat a for payment by he
AA — PAYMENT no later than five (5) days
Consultant. f
14.3 The Consultantwnll,no later than rir►anceloi days trnake an inspection and assessment of the cWork to
certificate df Substantial Pe
verify the validity of the application.The Consultant will• no later than seven he(application.rWhen the Con-
notify the Contractor of his approval or the reasons for his disapproval
The date finds that Substantial ma ce of of the Work hall beaas been id reached he
ertifilcate. immediately fot ow-
The date of Substantial Pe
ing the issuance of the certificate afrea o able date for the Tot e
Total Performan Performance
the Work.in consultation .
with the Contractor,will establish
14.4 Immediately following the issuance of meni of holdback k monies Substantial
The holdback monies tauthorizedtby
Consultant will issue a certificate for pay the expiration of the statutory limittion
this certificate shall become due and
payable ble to he Place of�he Work or where such legislation does
period stipulated in the Gen legislation app practice -such other provisions
not exist o apply in accordance-with such other legislation. industry p o
which may be agreed to between the parties, providing that the Owner may retairi out of such holdback
monies any sums required by ble against he Owner and that the Conn c orr has submitted tolthesOwne a
the Contractor and enforces
sworn statement that
t accounts tabour.subcontracts, products, Contractor construction machinery
equip-
ment and other indebtedness which m have been by he i the Substantial
Performance
of the Work and for which the Owner might in any way be held responsible have been paid in
full except holdback monies properly retained.
14.5 Where legislation permits and where,upon application by the Contractor,the Consultant has certified that �\
the work of a Subcontractor has s all ptotally y pCont actor the holdback retained fors such Subcontractor
Per-
formance of the Work, the Owner pay
on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in
the lien legislation applicable to the Place of the Work.
14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates
the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be
responsible for the correction of defects in it regardless of whether or not they were apparent when such
certificates were issued.
14.7 The Consultant will, no later than ten (101 days after the receipt of an application from the Contractor for
payment upon Total Performance of the Work, make an inspection and assessment of the Work to verify
the validity of the application.The Consultant will, no later than seven (7)days after his inspection, notify
the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant
finds that Total Performance of the Work has been reached he will issue a certificate of Total Performance _
of the Work and certify for payment the remaining monies due to the Contractor under the Contract less
holdback monies which are required to be retained.The date of Total Performance of the Work shall be as
stated in this certificate. Subject to the provisions of GC 18 — WORKERS' COMPENSATION
INSURANCE, paragraph 18.1 the Owner shall, no later than five (5) days after the issuance of such cer-
tificate,make payment to the Contractor in accordance with the provisions of Article A4 -- PAYMENT.
14.8 The release of the remaining holdback monies shall become due and payable on the day following the
expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the
Work,or where such legislation does not exist or apply in accordance with such other legislation,industry
practice or such other provisions which may be agreed to between the parties, providing that the Owner
may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or
other monetary claims against the Contractor and enforceable against the Owner and that the Contractor
has submitted to the Owner a sworn statement that all accounts for labour,subcontracts, products,con-
struction machinery and equipment and ottier indebtedness which may have been incurred by the Con-
tractor in the Total Performance of the Work and for which the Owner might in any way be held responsi-
ble have been paid in full except holdback monies properly retained.
14.9 If because of climatic or other conditions reasonably beyond the control of.the Contractor there are items
of work that cannot be performed,payment in full for work which has been performed as certified by the
Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may
withhold until the remaining work is finished only such monies as the Consultant determines are sufficient
and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner
from claims.
14.10 No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by
the Owner shall constitute an acceptance•of work or products which are not in accordance with the
requirements of.thl:Contract Documents.
14.11 All certificates issueb by the Consultant shall be to the best of his knowledge,information and belief. By `
issuing any certificate the the c orrectness or completeness of.the Work.
e Consultant does not guarantee )
14,12 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the
Work, the Owner expressly.waives and releases the Contractor from all claims against the Contractor
including without limitation those that might arise from the negligence or breach of contract by the Con-
tractor except one or more of the following:
(a) those made in writing prior to the date of Total Performance of the Work and still unsettled;
(b) those arising from the provisions of GC 19 — INDEMNIFICATION or GC 24 —WARRANTY;
In the Common Law provinces GC'14.12(c]shall read as follows:
(c) those made in writing within a period of six years from the date of Substantial Performance of the
Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter
period as may be 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 his 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 Work
which affect 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 14.12(cl shall read as follows:
(c) those arising under the provisions of Article 1688 of the Civil Code. \
14.13 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the
Work,the Contractor expressly waives and releases the Owner from all claims against the Owner including
without limitation those that might arise from the negligence o r breach f contract by the Owner ce of he
those made in writing prior to the Contractor's app payment
Work and still unsettled.
14.14 Notwithstanding GC 1 — DOCUMENTS;paragraph 1.6, in the event of conflict between the provisions of
this General Condition and Article A-5 — RIGHTS AND REMEDIES paragraph (a)or GC 22 — DAMAGES
AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern.
GC 15 TAXES AND DUTIES
15.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales
taxes,customs duties and excise taxes with respect to the Contract.
15,2 Where an exemption or recovery of government sales taxes,customs duties or excise taxes is applicable to
the Contract,the procedure shall be as established in the Supplementary Conditions
15.3 Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the date
of the tender shall increase or decrease the Contract Price accordingly-
GC 16 LAWS, NOTICES, PERMITS AND FEES
16.1 The laws of the Place of the Work shall govern the Work.
162 The Contractor shall obtain the permits, licences and certificates and pay the fees required for the
performance of the Work which are in force at the date of tender closing, but this shall not include the
obtaining of permanent easements or rights of servitude.
16.3 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations,
codes and orders of the authorities having jurisdiction which are or become in force during the
performance of the Work and which relate to the Work, to the preservation of the public health, and to
construction safety.
16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with
the applicable laws, ordinances, rules, regulations and codes relating to the Work. If the Contract
Documents are at variance therewith,or changes which require modification to the Contract Documents
are made to the laws,ordinances,rules,regulations and codes by the authorities having jurisdiction subse-
quent to the date of tender closing,the Contractor shall notify the Consultant in writing requesting direc-
tion immediately such variance of change becomes known to him. The Consultant will make the changes
required to the Contract Documents in accordance with GC 11 -- CHANGES IN THE WORK, and the
value of the changes shall be determined in accordance with GC 12 -- VALUATION AND CERTIFICA-
TION OF CHANGES IN THE WORK.
16.5 If the Contractor failsfto notify the Consultant in writing and obtain his direction as required in paragraph
16.4 and performs"work knowing it to be contrary to any laws, ordinances. rules, regulations. codes and
orders.of the authorities havirig jurisdiction. the.Contractor shall be•responsible for and-shall correct the
violations thereof and shall bear the costs,expense and damages attributable to his failure to comply with
the provisions of such laws,ordinances,rules,regulations,codes and orders:
GC 17 PATENT FEES
17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the
Contract. He shalt hold the Owner harmless from and against claims, demands, losses, costs, damages,
actions, suits, or proceedings arising out of the Contractors 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 he may be liable.
17.2 The Owner shall hold the Contractor harmless against claims,demands, losses,costs,damages,actions,
suits,or proceedings arising out of the Contractor's performance of the Contract which are attributable 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 18 WORKERS' COMPENSATION INSURANCE
18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of
the Work, the Contractor shall provide evidence of compliance with the requirements of the province or
territory of the Place of the Work with respect to workers' compensation insurance including payments
due thereunder.
1 18.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide
1 such evidence of compliance by himself and his Subcontractors.
GC 19 INDEMNIFICATION
19.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and
employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by
third parties that arise out of, or are attributable to, the Contractor s performance of the Contract
(hereinafter called"claims").provided such claims are: . ,
(a) attributable to bodily injury,sickness, disease, or death, or to injury to or destruction of tangible pro-
4
perty.and
(b) caused by negligent acts or omissions of the.Contractor or anyone for whose acts he may be liable,
and
(c) made in writing within a period of six years from the date of Substantial Performance of the Work as
set out in the certificate of Substantial Performance of the Work,or within such shorter period as may
be prescribed by any limitation statute of the province or territory of the Place of the Work.
The Owner expressly waives the right to indemnity for claims other than those stated above.
19.2 The rece f the o e hereunder million
occu rn f om t ecmmencement of he Work until Substantial Performance of he Work and
thereafter to an aggregate limit of one million dollars.
19.3 The Owner shall indemnify and hold harmless the Contractor,his agents and employees from and against
claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's
performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or
defect in title to the Place of the Work.
19.4 Notwithstanding GC 1 — DOCUMENTS,paragraph 1.6. in the event of conflict between the provisions of
this General Condition and Article A-5— RIGHTS AND REMEDIES paragraph(a)or GC 22 — DAMAGES
AND MUTUAL RESPONSIBILITY,the provisions of this General Condition shall govern.
GC20 INSURANCE
20.1 Without restricting the generality of GC 19 — INDEMNIFICATION,the Contractor shall provide,maintain
and pay for the insurance coverages listed in this General Condition unless otherwise stipulated:
(a) General Liability Insurance:
General Lability insurance shall be in the joint names of the Contractor,the Owner,and the th!and
with {units of not less than one million dollars inclusive per occurrence for bodily injury.
damage.to property-including loss of use thereof, with a property damage deductible of five
hundred dollars.The form of this insurance shall be the latest edition of CCDC Form 101 and shall be
maintained continuously from commencement of the Work until twelve (12) months following the
date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance
of the Work,or until the certificate of Total Pe,formance of the Work is issued,whichever is the later,
and with respect to completed operations coverage for a period of not less than twenty four (24)
months from the date of Total Performance of the Work, as set out in the cert ificate of Total Per-
(ormance of the Work, and thereafter to be maintained for a further period of four(4)years. Should
the Contractor decide not to employ Subcontractors for operations requiring the use of expbl u d n for
blasting,or pile driving or caisson work, or removal or weakening of support of property. 9
land;CCDC Form 101 as'required shall include Endorsement CCDC Form 101-2.
(b) Automobile Liability Insurance:
Automobile liability insurance in respect of licensed vehicles shall have limits of not less than one
million dollars inclusive per occurrence for bodily injury,death, and damage to property,in the follow-
ing forms endorsed to provide the Owner with not less than fifteen(15)days written notice in advance
of any cancellation,change or amendment restricting coverage:
(1) Standard non-owned automobile policy including standard contractual liability endorsement.
(2) Standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor.
(c) Aircraft and Watercraft Liability Insurance: `
and watercraft
Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft
if used directly or indirectly in the performance of the Work,including use of additional premises, shall
be subject to limits of not less than one million dollars inclusive per occurrence for bodily injury,death,
and damage to property including loss of use thereof and limits of not less than one million dollars for
aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies 1
shall be endorsed to provide the Owner with not less than fifteen (15) days written notice in advance
of cancellation,change or amendment restricting coverage.
CCnC 7 - 19fiJ F w 00710
1a
(d) Property and Boiler Insurance:
(1) All risks property insurance shat! 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
Owner for incorporation into the'Work, with a deductible not exceeding one percent of *.he
amount insured at the site of the Wojk. The form of this insurance shall be the latest edition of
CCDC Form 201 and shall be maintained continuously until ten (101 days after the date of Total
Performance of the Work,as set out in the certificate of Total Performance of the Work.
(2) Boiler insurance insuring the interests of the Contractor,.the Owner and the Consultant for not
less than the replacement value of boilers and pressure vessels forming part of the Work. The
form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con-
tinuously from commencement of use or operation of the property insured and until ten(10)days
after the date of Total Performance of the Work,as set out in the certificate of Total Performance
of the Work.
(3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty(301 days writ-
ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior
to such use or occupancy the Contractor shall notify the Owner in writing of the additional
premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's
expense. If because of such use or occupancy the Contractor is unable to provide coverage.the
Owner upon written notice from the Contractor and prior to such use or occupancy shall provide,
maintain and pay for property and boiler insurance insuring the full value of the Work,as in sub-
paragraphs (1)and (2), in CCDC Forms 201 and 301, including coverage for such use or.occu-
pancy 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 termination of
coverage.
(4) The policies shall provide that_, in the event of a 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 and himself for the purpose of adjusting the amount of such loss or damage
payment with the Itisurers.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 ex-
tension of Contract-Time relative to the extent of the loss or damage as*the Consultant may
decide in consultation with the Contractor.
(5) Payment for loss or damage:
The Contractor shall be entitled to receive from the Owner, in addition to the amount due under
the Contract,the amount at which the Owner's interest in restoration of the Work has been ap-
praised,such amount to be paid as the restoration of the Work proceeds and in accordance with
.the requirements of GC 13 —APPLICATIONS-FOR PAYMENT and GC 14 = CERTIFICATES
AND PAYMENTS. In addition the Contractor shall be entitled to receive from the payments
made by the Insurer the amount of the Contractor's interest in the restoration of the Work.
(6) The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractors responsibility by the terms of GC 21- PRO-
TECTION OF WORK AND PROPERTY and GC 22 — DAMAGES AND MUTUAL RESPOW
SIBILITY.
(7) In the event of loss or damage to-the Work arising from the work of an Other Contractor, the
Owner, in accordance with his obligations under GC 9 — OTHER CONTRACTORS, paragraph
9.2, shall pay the Contractor the cost of restoring the Work as the restoration,of the Work
proceeds and in accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT
and GC 14 — CERTIFICATES AND PAYMENTS.
(e) Contractors'Equipment Insurance:
All risks contractors' equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner 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
fifteen (15) days. written notice in advance of cancellation, change or amendment restricting
coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of
his equipment,the Owner agrees to waive the equipment insurance requirement.
20.2 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement
of the Work until the date of Total Performance of the Work, as set out in the certificate of Total
Performance of the Work.
20.3 The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and
shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa-
tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance.
20.4 If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere in
the Contract Documents,then the Owner shall have the right to provide and maintain such insurance and
give evidence thereof to the Contractor and the Consultant.The cost thereof shall be payable by the Con-
tractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due or
may become due to the Contractor.
GC21 PROTECTION OF WORK AND PROPERTY
21.1 The Contractor shall protect the Work and the Owners property and property adjacent to the Place of the
Work from damage and shall be responsible for damage which may arise as the result of his operations
under the Contract except damage which occurs as the result of:
(a) errors in the Contract Documents;
(b) acts or omissions by the Owner.the Consultant,Other Contractors,their agents and employees.
21.2 Should the Contractor in the performance"of this Contract damage the Work, the Owner's property or
property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of
such damage at his expense.
21.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible as
provided in paragraph21.The shall make good such damage to the Work and if the Owner so directs to the
Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 —
CHANGES IN THE WORK,and the value of the changes shall be determined in accordance with GC 12 -
VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.
GC 22 DAMAGES AND MUTUAL' RESPONSIBILITY
22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect
of the other party or of anyone for whom he is responsible in law,then he shall be reimbursed by the other
party for such damage.The party reimbursing-the other party shall be subrogated to the rights of the other
party in respect of such wrongful act or neglect if if be that of a third party. j
22.2 Claims under this.Generat Condition shall be made in writing to the party liablem ithin reasonable time after
the first observance of such damage and may be adjusted by agreement or in the'manner set out in GC 7
-- DISPUTES.
22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees.upon
due notice to settle with such Other Contractor by agreement or arbitration. if he will so sett IfO uch
Other Contractor sues the Owner on account of damage alleged to have been so sustained.
the
shall notify the Contractor and may require the.Contractor to defend the action at the Contractor's
nt against the Owner arises therefrom the Contractor shall pay'or satisfy
expense.It a final order or judgme
it and pay the costs incurred by the Owner.
22.4 If the Contractor becomes liable to pay or 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 compe-
tent jurisdiction.
GC23 BONDS
23.1 The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents.
of
23.2 Such bonds shall be issued by a duty licensed
of the Work aand shall be ma stained in good standing
suretyship in the province or territory of t he Place
until the fulfillment of the Contract.The form of such bonds shall be in accordance with the latest edition
of the CCDC approved bond forms. �.
GC 24 WARRANTY
24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects or
deficiencies in the Work which appear prior to and during the period of one year from the date of Substan
tial Performance of the Work, as set out in the certificate of Substantial Performance of the Work,or such
longer periods as may be specified for certain products or work.
24.3 During the period provided in GC 3 — CONSULTANT, paragraph 3.2, the Consultant shall promptly give
the Contractor written notice of observed defects and deficiencies.
24.4 The 'Contractor agrees to correct or pay for damage resulting from corrections made under the
requirements of paragraph 242.
GC 25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
25.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work
so as to ensure conformance with the Contract Documents. He 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.
25,2 The Contractor shall be solely responsible for con struction safety The the Place cable fconstruction safety
compliance with the rules, regulations and practices required by the applicable
legislation. r the
�,3 The Contractor shll 5 ructural and other responsibility fo facilitiesrand the design andtexec loon of construc-
tion of temporary for registered professional
lion methods required in their use. The Cone disciplines lto engage perform these functions where required by
engineering personnel skilled in the aPP oP of
law or by the Contract at in where temporary produce method
construction are of such a nature that pro essionaengin er engineering skill is required to a e d
satisfactory results.
25.4 Notwithstanding the provisions of paragraphs 25.1 and 25.3,or provisions to the contrary elsewhere in the
Contract Documents where such Contract Du for,part. structural a temporary
uction in whole or in uch fac I t sandmethods
temporary facilities op� Y of cons
shall be considered to be paw of sp rf ed me hod of construction. The Contractor h all! responsible be
for that part of the design
responsible for the execution of such design or specified method of construction in the same manner that
he is responsible for the execution of the Work.
25.5 The Contractor shall review the Con y discover.ver.S ch review y the Contractoor shall be to the best of his
error,inconsistency or omission he may
knowledge,information and belief and in making such review the Contractor dos not assume any respon-
C
sbility to the Owner or the Consultant for the accuracy of the review.The Contractor shall not be liable for
i
damage or costs resrulting from such errors, inconsistencies or omissions in the Contract Documents
which he did not discover. If the Contractor h ores discover k affected euntil e inconsistency or
received corrected or'm se the Contract Documents he shall not proceed
sing information from the Consultant. indicating
25,6 The Contractor shall prepare ork. 7 e schedule shallrbe designed to ensure ld conformance w thtthen required
major activities of the W
Contract Time. bl time from the date of Contra award.The Contractor shall monitor the progress of he
within a reasonable
Work relative to the schedule and advise the Consultant of any revisions required as the result of delays as
provided in GC 4 — DELAYS,indicating the results expected from the resultant change in schedule.
GC26 SUPERINTENDENCE
sor h le work s being pervi ed and necessary assistants who shall be in attendance
26.1 The Contractor shall employ
at the Place of the Work
26.2 The supervisor shall be satisfactory to the Consultant and shall not be changed except for good reason and
only then after consultation with the Consultant. e Place of
26.3 The supervisor shall represent the Con tractor o the Contractor. lmportant instructions shall be confirmed to
Consultant shall be held to have been given
the Contractor in writing;other instructions shall be so confirmed if requested.
GC27 LABOUR-AND PRODUCTS ments, the
27.1 Unless otherwise stipulated elsewhere
machinery Contract and Dequ equipment, water, heai,tlight powrer,l�transporta-
tion labour, products,toots,
lion and other facilities and services necessary for the performance of the Work in accordance with the
Contract.
27.2 Products iedd provided
shall a quality unless otherwise specified in the best suited to the purpose required ta d their ru use subject o the approval
not specified
` of the Consultant.
j 27.3 The Contractor shall maintain good order and discipline among his employees engaged on the Work and
shall not employ on the Work anyone not skilled in the task assigned to him.
. 71
CCOC 2 — 1982 File 007 10
GC 28 SUBSURFACE CONDITIONS
Xh.1 The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions at
the-Place of the Work differ materially from those indicated in the Contract Documents, or a reasonable ,
assumption of probable conditions based thereon. he will
28.2 After prompt investigation. should the Co�Mthe Work in acco dance with GC 11 '— CHANGES�IN THE
issue appropriate instructions WORK,and the value of the changes shall be determined in accordance with GC 12-VALUATION AND
CERTIFICATION OF CHANGES IN THE WORK.
GC 29 USE OF THE WORK
29,1 The Contractor shat{confine his apparatus,the storage of products,and the operations of his employees
to limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonably
encumber the premises with his products.
29,2 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.
GC30 CLEANUP AND FINAL CLEANING OF THE WORK
30.1 The Contractor shall maintain the caused by the owner.tOther Contractors or their employees,of waste
products and debris,other than that c
30.2 Upon attaining Substantial Pea odrmau Qmet not required for the performance remove the emai ing worrk products,
tools,construction machinery q sed by the
shall also remove wasteave the Work clean and suit suitable or occupancy by�Owner unlesstotherwise
their employees, and le
specified.
30,3 Total Performance of the Work smell and equipme attained He shall also have removed waste roducts Ind C
products,tools, construction machinery
debris,other than that caused by the Owner,Other Contractors or their employees. .
GC31 CUTTING AND REMEDIAL WORK
31.1 The Contractor shall do the cutting and remedial work required to make the reveal parts of the Work
come together properly-
31,2 The Cortractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum.
responsible for
31.3 Should the Owner, the Consultant, Other Contractors or anyone employed by them be performed,the cost of such cutting or remedial
ill-timed work necessitating cutting GC12e— VALUAT ON AND CERTIFICATION F CHANGES IN THE
work shall be valued as provided in
WORK.
31.4 Cutting and remedial work shall a performed by specialists familiar with the ntate talc affected and shall
be performed in a manner to neither damage nor endanger the Work.
GC32 INSPECTION OF THE WORK of
32.1. The Owner and the Consultant orktheir authorization at agents
ons other tthan the Place of he Work,the.
to the Work. If parts of the
Owner and the Consultant or their authorized agents or representatives shall be given access to such work
whenever it is in progress.
32.2 If work is designated for specia! tests, inspections or approvals in the Contract Documents, or by the
Consultant's instructions, or the laws r ordinances Inspection on Place of the
the Co sulfa tshall be made promptly.The
Consultant timely notice requesting inspection.
Contractor shall arrange for inspections by other authorities and shall give the Consultant timely notice of
the date and time. '
32.3 If the Contractor covers or permits to- be covered work that has been designated for special 1eLQd,
inspections Contractor
approvals before such special tests, inspections or approvals are made,given or comp
inspections
if so directed,uncover such work, have the inspections or tests satisfactorily completed and make
he good such work at his own expense.
` . k.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that
such work is not in accordance with the requirements of the Contract Documents. If, upon examination
such work be found not in accordance with the requirements of the Contract Documents, the Contractor
shall correct such work and pay the cost of examination and correction. if such work be found in
` accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina
Lion and replacement.
32.5 The Contractor shall furnish promptly to the Consultant two (2) copies of certificates and inspection
reports relating to the Work.
GC 33 REJECTED WORK
33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through
carelessness or other act or omission of the Contractor and whether incorporated in the Work or not,
which has been rejected by the Consultant as failing to conform to the Contract Documents shall be
removed promptly from the Place of the Work by the Contractor and replaced or re-executed promptly in
accordance with the Contract Documents at the Contractor's expense.
33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good
promptly at the Contractor's expense.
33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in
accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the
Contractor the difference in value between the w-ork as performed and that called for by the Contract
Documents,the amount of which will be determined in the first instance by the Consultant.
GC34 SHOP DRAWINGS
34.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts,
brochures and other data which are:o be provided by the Contractor to illustrate details of a portion of the
Work.
34.2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the
Contract Documents or as the Consultant may reasonably request.
34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the
Contractor represents that he has determined and verified all field measurements, field construction
criteria, materials, catalogue numbers and similar data or will do-so and that he-has checked and co-
ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The
Contractors review of each shop drawing shall be indicated by stamp,date,and signature of a responsible
person.
34.4 The-Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness
and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either
the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub-
- mission and return of shop drawings..Shop drawings shall be submitted in the form of reproducible
transparencies or prints as the Consultant may direct. At the time of submission the Contractor shall notify
the.Consuitant in writing of any deviations in the shop drawings from the requirements of the Contract
Documents.
34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or
- otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for
conformity to the design concept and for general arrangement only and such review shall Pot relieve the
Contractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all
requirements of the Contract Documents unless a deviation on the shop drawings has been approved in
writing by the Consultant.
34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent
with the Contract Documents and resubmit unless otherwise directed by the Consultant.When resubmit-
ting. the Contractor shall notify the Consultant in writing of any revisions other than those requested by
the Consultant.
GC 35 CASH ALLOWANCES
35.1 The Contract Price includes cash allowances stated in the Contract Documents.
35.2 Cash allowances, unless otherwise specified, 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.
35.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in
connection with such cash allowances.
CCDC 2 — 19R2 Fa m7in
35.4 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 allowance for overhead and profit as set
out in the Contract Documents.
ted by written order to provide for any excess or deficit to each cash
35.5 The Contract Price shall be adjus
allowance.
35.6 Progress payments on account of work authorized under cash allowances shall be included in the
Consultant's monthly certificates for payment.
35,7 A schedule shall be.prepared jointly by the.Consultant and Contractor to show when items called for under
cash allowances must be authorized by the Consultant for ordering purposes so that the progress of the
Work will not be delayed.
GC 36 CONTINGENCY ALLOWANCE
36.1 The Contract Price includes the contingency allowance,if any,stated in the Contract Documents.
36.2 Expenditures under the contingency allowance shall be authorized in accordance with GC .11 —
CHANGES IN THE WORK,and the value shall be determined in accordance with GC 12 — VALUATION
AND CERTIFICATION OF CHANGES IN THE WORK.
36.3 The Contract Price shall be adjusted by written order to provide for any excess or deficit in the contingency
allowance.
r