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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW #94-32
Being a By-law to authorize an Agreement between the
Corporation of the Municipality of Clarington and Oke
Woodsmith Building System Inc., Hensall, Ontario, for the
Design and Construction of the Clarington Fire Department
Headquarters.
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
wi th the Corporation Seal, an Agreement with the Oke Woodsmi th
Building System Inc. 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 28th
1994.
day of February,
By-law read a third time and finally passed this 28th
February, 1994.
day of
P~~t'~~/
Ma:yor
Cl
i'
Canadian Construction Association Document —CCA 14 — 1975
ERTI- D A, MBE COPY
AGREEMENT BETWEEN CLIENT AND CONTRACTOR C
for use when a stipulated price forms the basis of payment and to
be used only with the General Conditions of the Contract.
THIS AGREEMENT made in duplicate this . . . . . . . 4th, , , , , , , , , , , , , , day of. . . . .MarCb. . . . . . . . . . . . .
AD 19. .94
BY AND BETWEEN:
NAME . . . . . I` C. . .orpora.tion, of, the.Municipality.of Clarington, , , , , , , , , , , , , , , , , , , , , ,
. . . . . . . . . . . . . .
ADDRESS „ 40 Temperance Stree, Bowmanville, Ontario L1C 3A6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(hereinafter called"the Client")of the first part
and
NAME . . . . . lk Woodsmith_ Building. Systems, Inc. , , , , ,
ADDRESS . . .1.22. King Street, Hensall, Ontario NOM. 1XO . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
(hereinafter called"the Contractor")of the second part
WITNESSETH: In consideration of the fulfilment of their respective promises, and obligations herein set forth, the Client
and the Contractor undertake and agree as follows:
ARTICLE I THE WORK
(a) A general description of the work is:
Design and construction of the Municipality of Clarington Fire Department
Headquarters. Tender No. CL 94-1
(b) The Contractor shall, except as otherwise specifically provided, provide all the labour, products, construction
machinery, equipment and services required for the performance. of all of the Work set out in the Contract
Documents and shall forthwith, according to the instructions of the Client, or such other persons as may be
designated by him, commence work and diligently perform the respective portions thereof, and deliver the said
work to the Client within the time specified herein.
(c) The Contractor shall do and fulfill everything indicated by the Contract Documents.
(d) The Contractor shall substantially perform the Work of this Contract, as certified,by the. . . . . 30th , . , , , , , .
day of. . . September 19 94
CCA 14—1975 14-1
ARTICLE II CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article I.
(Here insert, attaching additional pages if required, a list identifying all Contract Documents including: Drawings,giving
drawing number,title,date, revision date or mark;Specifications,giving a list of contents with section numbers and titles,
number of pages, and date or revision mark,if any;and clearly identify any modifications to the Contract Documents if
any.)
The Desiqn-build Stipulated Price Contract CCA14-1975
Insurance Certificates
Labour and Material Payment Bond
Workers' Compensation Board Letter
Specifications
Addendum #1 - CL94-1
Tender Form #CL94-1 including schedules and layouts
Letter from Contractor to Municipality of Clarington dated February 23, 1994
Re: Confirmation of Square Footage
Letter from Contractor to Municipality of Clarington dated February 22, 1994
Re: Revised Tender Submission
Letter from Contractor dated March 17, 1994, Re: Local Participation
Contractor's Commitment to Completion Date
Construction Schedule
Prequalification for the Design and Construction of Clarington Fire Department
Headquarters
14-2 CCA 14- 1975
ARTICLE III CONTRACT PRICE
The Contract Price is . . . . . . . One. Million. Dne. Hundred FAghty nine .Thousand Nine Hundred . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Dollars
($, . . 1,189,,900,.00, . . . , , , , , . ) in Canadian funds,which price shall be subject to adjustments as may be revised
in accordance with the General Conditions of the Contract.
Goods and Services Tax (GST) in the amount of (76,930.00) is included in the
Contract Price.
ARTICLE IV PAYMENT
(a) Subject to applicable legislation and, where such legislation does not exist, or apply, in accordance with such
prescribed regulations, privileges or industry practice respecting holdback percentages and in accordance with they
provisions of the General Conditions of the Contract, , subject to a holdback of teq� '
percent ( 0%), the c i t shall
(1) make month�y payments to e Contractor oh account of the Contract Price upon proper submission by the
Contractor;and
(2) upon Substantial Performance of the Work pay to the Contractor any unpaid balance of holdback monies
then due;and
(3) upon Total Performance of the Work pay to the Contractor any unpaid balance of the Contract Price then
due.
(b) If the Client fails to make payments to the Contractor as they become due under the terms of this Contract or in
any award by arbitration or court, interest at the rate of 1 per cent of such unpaid amounts shall also become due
and payable until payment.Such interest shall be calculated and added to any unpaid amounts monthly.
ARTICLE V ADDRESSES FOR NOTICES
Where any notice, direction or other communication is required to be or may be given or made by one of the parties
hereto to the other, it shall be deemed sufficiently given or made and shall be deemed to have been received if mailed or
delivered in writing to such party or to the individual or members of the firm or to an officer of the Corporation for
whom they are intended if sent by post or telegram addressed to:
The Client at . . . . . . 40 Temperance Street
street and number and postal box number if applicable
Bowmanville, Ontario L1C 3A6
. . . . . . . . . . . . . . . . . . . . . . . . . .
post office or district,province,postal code
The Contractor at . . . 1?�, FiTig. 9t1rePt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
street and number and postal box number if applicable
Hensall, Ontario NOM 1X0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
post office or district,province,postal code
CCA 14—1975 14-3
ARTICLE VI SUCCESSION
The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents,are all to be read
into and form part of this Agreement and the whole shall constitute the Contract between the parties and subject to 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 represeptatives, successors and assigns.
m ,Pjitness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the
hands of their proper officers thereunto duly authorized.
SIGNED,SEALED AND DELIVERED
in the presence of:
Client Contractor
The Corporation of the Municipality, of Oke Woodsmith Building Systems Inc.
name name
Clarington � . . . . . . . . . .
. . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . .
signed signed
Diane Jli'nre, ay� WayDe.b, e.-.V1�GP,.PrQ$ Ed nt. . . . . . .
name and title r na nd/title
i
sied . . . . . . . . . . s ed. . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . .
Patti L. arrie, Clerk Bradley C. Oke — Secretary Treasurer
name and title name and title
(N.B.) Where any legal jurisdiction, local practice or client requirements calls for proof of authority to execute this
document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in
question as authorized to sign the Agreement for and on behalf of the Corporation or Parnership,should be attached.
14-4 CCA 14—1975
Canadian Construction Association Document—CCA 14— 1975
THE CONTRACT CONDITIONS OF THE DESIGN-BUILD STIPULATED PRICE CONTRACT
CC 1 DEFINITIONS
In these Contract Conditions, the Agreement to which they apply and, so far as applicable, in the other
Contract Documents, the following words and phrases shall have the following meanings:
1.1 Contract Documents
The Contract Documents consist of the executed Agreement and the Contract Conditions thereto, related
special or supplementary conditions, specifications, drawings and such other documents as are listed in Article
II, including all amendments thereto incorporated pursuant to the provisions of the Contract or agreed upon
between the parties; information for tenderers and Form of Tender, Call for Development proposals any and all
other drawings approved under this contract; all addenda bulletins and change orders relative to the work
hereunder; all documents supplementary to or provided for in the above either given by any party having
authority to give such or else agreed between the parties hereto;and any judgment,declaration, order or award
made by a tribunal of competent authority relative to the work hereunder; provided that such Contract
Documents shall be taken at any particular time to include only those of the above documents of which both
parties hereto had, was deemed by contract to have or ought reasonably otherwise to be deemed to have had
notice at such time.
1.2 "The Client" means the party named as such in the Agreement and his authorized representatives.
1.3 "The Contractor" or a pronoun in place thereof, means the person or persons or corporation named as such in
the Agreement,who has or have undertaken to carry out the work.
1.4 Subcontractor
A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part
or parts of the Work included in the Contract, or to supply products worked to a special design according to the
Contract Documents, but does not include one who merely supplies products not so worked. The term Sub-
contractor is referred to throughout the Contract Documents as if singular in number and masculine or feminine
in gender.
1.5 "Authorized", "directed", "required", "requested", "approved", "ordered", "sanctioned",and "satisfactory",
shall unless some other meaning is obvious from the context, mean respectively authorized,directed, required,
requested, approved, ordered or sanctioned by or satisfactory to the Client or such other person as may be
designated by him as his Agent or Limi ed Agent. &t,-,4-0
Tomas E. Brown Architect Inc. who is d4
1.6 Client's Consultant shall mean any engaged by the Client to
interpret the performance of the Contract in accordance with the Contract Documents.
1.7 Contractor's Consultant shall mean any Architectural and/or Engineering firm or person engaged by the Con-
tractor to prepare the design and the contract documents and/or to otherwise consult, and to interpret the
performance of the Contract in accordance with the standards of their profession and within the scope of the
services they have been engaged to provide.
1.8 "Inspector" means an inspector for the Client acting under the direction of the Client or his authorized agent or
consultant.
"The Agent" means and includes a person specially authorized by the Client to perform on his behalf any
function under the Contract.
1.9 "Plans" means all plans, profiles, drawings, sketches or copies thereof, exhibited, used or prepared for or in
connection with the work embraced under the Contract.
1.10 "Shall", "may", "herein", "person", "writing", "written", "surety", and "security" and words used in the
singular number or the masculine or feminine gender, shall have the meaning and effect as given in The
Interpretation Act of the Province or Territory in which the work is being performed.
CCA 14—1975 14-5
1.11 The Project
The Project is the total construction of which the Work performed under the Contract Documents may be the
whole or a part.
1.12 The Work
The term the Work means the total construction required by the Contract Documents and includes all labour,
products and services.
1.13 Products
The term Products means all material, machinery, equipment and fixtures forming the completed work as
required by the Contract Documents but does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the work and normally referred to as construction machinery and
equipment.
1.14 Other Contractor
The term Other Contractor means any person, firm or corporation employed by or having a separate Contract
directly or indirectly with the Client for work other than that required by the Contract Documents.
1.15 Place of Building
The place of building is the designated site or location of the Project.
1.16 Law of the Contract
The Law of the place of building shall govern the Contract.
1.17 Time
(a) The Contract Time is the time stated in Article A-1 (c) of the Agreement for Substantial Performance of
the.Work.
(b) The date of Substantial Performance of the Work is the date certified by the Client's Consultant.
(c) The term day as used in the Contract Documents shall mean the calendar day.
(d) The term working day as used in the Contract Documents shall mean days other than Saturdays,Sundays
and holidays which are observed by the construction industry in the area of the place of building.
1.18 Substantial Performance
Substantial Performance is as defined in the Mechanics' Lien legislation applicable to the place of building, or if
such legislation is not in force or does not contain such definition,shall be when the work is ready for use or is
being used for the purpose intended.
1.19 Total Performance
Total Performance shall mean when the.entire Work has been performed to the requirements of the Contract
Documents.
CC 2 DOCUMENTS
2.1 The Contract Documents shall be signed in duplicate by the Client and the Contractor.
2.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required
by all.
2.3 The intention of the Contract Documents is to include all labour,products and services reasonably necessary to
perform the Work in accordance with these documents. It is not intended, however, that the Contractor shall
supply any products or work not covered by or properly inferable from any of these Contract Documents.
2.4 Words which have well-known technical or trade meanings are used in the Contract Documents in accordance
with such recognized meanings.
2.5 In the event of conflicts between Contract Documents the following shall apply:
(a) Documents of later date shall govern.
(b) Figured dimensions shown on the Drawings. shall govern even though they may differ from scaled
dimensions.
(c) Drawings of larger scale shall govern over those of smaller scale of the same date.
(d) Specifications shall govern over Drawings.
(e) Contract Conditions shall govern over Specifications.
14.6 CCA 14-1975
(f) Supplementary Contract Conditions shall govern over Contract Conditions.
(g) The Agreement shall govern over all Documents.
CC 3 DETAILED DRAWINGS AND ADDITIONAL INSTRUCTIONS
3.1 The Contractor shall furnish to the Client, for his approval,all necessary drawings required for the performance
of the Work.
3.2 The Client may issue, as he may deem necessary for the performance of the Work, additional instructions, by-
means of drawings or otherwise. All such additional instructions shall be consistent with the contract docu-
ments. The Work shall be performed in conformity therewith and the Contractor shall do no such work without
such additional instructions. In giving such additional instructions, the Client shall have authority to make
minor changes in the work,not inconsistent with the Contract.
CC 4 DOCUMENTS ON THE SITE
4.1 The Contractor shall keep one copy of all current Contract Documents and shop drawings on the site, in good
order and available to the Client and/or his representatives.This requirement shall not be deemed to include the
executed Contract Documents.
CC 5 OWNERSHIP OF DOCUMENTS AND MODELS
5.1 All Drawings and Specifications, and copies thereof, and all models furnished by the Contractor are his
property.
5.2 Such documents and models are not to be used on other work. With the exception of signed contract sets of
documents, they are to be returned to the Contractor on request on the completion of the Work.
5.3 Documents are not to be copied or revised in any manner without the written authorization of the Contractor.
CC 6 INTERPRETATION OF CONTRACT
6.1 If at any time before the Work has been completed and the Final Payment issued, any question arises as to
whether the Work has been done as required by the Contract, or as to what the Contractor is required by the
Contract to do,and, in particular, and without limiting the generality of the foregoing, as to:
(a) the meaning of anything in the Plans and Specifications;
(b) the meaning to be given to the Plans and Specitications in case of any error herein, an omission therefrom
or an obscurity or discrepancy in their wording or intention;
(c) whether the quality or quantity of any material or workmanship meets the requirements of the Contract;
(d) whether the plant materials or workmen provided by the Contractor for performing the Work and carrying
out the contract are adequate to ensure that the Work will be Performed in accordance with the Contract and
that the Contract will be carried out in accordance with its terms;
(e) what quantity of any kind or work has been completed by the Contractor;or
(f) the timing and scheduling of the various phases of the performance of the Work.
the question shall be decided by Client's Consultant in consultation with the Contractor's Consultant.
6.2 The Contractor will construct the Work in accordance with the decisions and directions given under this section
and in accordance with any consequential decisions and directions given.
6.3 The Contractor shall notify the Client in writing immediately should he hold that a decision by the Client's
Consultant is in error and/or variance with the Contract Documents.
6.4 If the question of error and/or variance is not resolved immediately the Client shall decide if the disputed work
shall be performed or not and he shall advise the Contractor in writing of this decision.The Contractor shall act
immediately according to such decision. The Client shall pay to the Contractor who has notified him in
accordance with CC 6.3, any cost incurred by him in carrying out the Client's decision or directive and which he
was required to do beyond what the Contract correctly understood and interpreted would have required him to
do, including the cost resulting from interruption of the Work, as the case may be. Any question of change in
Contract Price and/or extension of Contract Time due to such error and/or variance shall be decided as provided
in CC 16 Settlement of Disputes.
6.5 The Contractor who has notified the Client in accordance with CC 6.3 and has carried out the decision or
directive of the Client shall not be presumed to have renounced any of his rights and/or recourses.
CCA 14-1975 14-7
CC 7 COMMENCEMENT AND COMPLETION
7.1 The Work shall not be commenced until the Contractor and the Client have signed the Contract and the
Contractor has obtained or received a written order,or orders, to commence the same, signed by the Client, and
it shall thereupon be at once begun and continuously carried on to completion subject as herein provided,and
shall be completed and full possession thereof given to the Client within the period provided in the Contract,
unless an extension of time, in writing, shall be allowed by the Client, in which case, it shall be carried on to
completion, and possession given to the Client within the additional period so allowed.
CC 8 DELAYS
8.1 If the Contractor is delayed in the performance of the Work by any act or neglect of the Client or any Other
Contractor or any employee of any one of them,then the Contract Time shall be extended for such reasonable
time as may be mutually decided and the Contractor shall be reimbursed for any costs incurred by him as the
result of such delay.
8.2 If the Contractor is delayed in the performance of the Work by a Stop Work Order issued by any court or other
public authority and providing that such Order was not issued as the result of any act or fault of the Contractor
or of any one employed by him, then the Contract Time shall be extended for such reasonable time as the
Client and the Contractor may agree that the work was delayed,and the Contractor shall be reimbursed for any
costs incurred by him as the result of such delay.
8.3 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 Contractor's Association, of which the
Contractor is a member), fire, unusual delay by common carriers or unavoidable casualties or,without limit to
any of the foregoing, by any cause of any kind whatsoever beyond the Contractor's control, then the Contract
Time shall be extended for such reasonable time as may be mutually decided,but in no case shall the extension
of time be less than the time lost as the result of the event causing the delay,unless such shorter extension of
time be agreed to by the Contractor.
8.4 In addition and without limit to the foregoing the Contract Time may be extended for any cause within the
Contractor's control which the Client shall decide as justifying a delay for such reasonable time as the Client
may decide.
8.5 No extension shall be made for delay unless written notice of claim is given to the Client within fourteen (14)
days of its commencement, providing however, that in the case of a continuing cause of delay only one claim
shall be necessary.
8.6 The Client shall not, except by written notice to the Contractor, or as provided in CC 15 — Emergencies, stop or
delay any part of the work pending instructions or proposed changes in the work.
CC 9 TAKING WORK OUT OF THE CONTRACTOR'S HANDS
9.1 If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of the
contract, the Client may notify the Contractor in writing that he is in default of his contractural obligations and
instruct him to correct the default within seven (7) days of receiving the notice. � '
9.2 If the correction of the default cannot be completed within the.seven (7) days specified,the Contractor
shall be considered to be in compliance with the Client's instructions if he:
(a) commences the correction of the default within the specified time, and
(b) provides the Client with an acceptable schedule for such correction, and
(c) completes the correction in accordance with such schedule.
9.3 If the Contractor fails to comply with the provisions of 9.1 and 9.2 the Client may, without prejudice to any
other right or remedy he may have, take all or any part of the work out of the Contractor's hands and may
employ such means as he may see fit to make good such default and/or complete the work,
9.4 Where the Work or any portion thereof has been taken out of the Contractor's hands under 9.3 above, the
Contractor shall not, except as provided in 9.5 below, be entitled to any further payment, including payments
then due and payable but not paid, and the obligation of the Client to make payments shall be at an end,and
the Contractor shall be liable upon demand therefor to pay the Client an amount equal to all loss and damage
suffered by the Client by reasons of the non-completion of the Work of the Contractor.
9.5 Where the Work or any portion thereof has been taken out of the Contractor's hands under 9.3 above and the
portion is subsequently completed by the Surety, or by the Client, the Client shall determine the amount, if
any, of holdback and progress claims of the Contractor unpaid at the time of taking the Work out of his hands
that are not required by the Client for the purposes of the Contract and the Client may, if no financial
prejudice to the Client will result, pay that amount to the Contractor.
14-8 CCA 14 - 1975
9.6 The taking of the work, or any portion thereof, out of the Contractor's hands pursuant to 9.3 above does not
relieve or discharge the Contractor from any obligations under the Contract or imposed upon him by law,
except the obligation to perform that portion of the Work so taken out of his hands.
CC 10 SUSPENSION OF WORK OR TERMINATION OF CONTRACT OTHER THAN FOR DEFAULT
10.1 The Client may,should conditions arise which make it necessary, suspend performance of the work and/or
terminate the Contract by giving%written notice to that effect to the Contractor.Such suspension or termination
shall be effective in the manner specified in said notice and shall be without prejudice to any claims which either
party may have against the other.
10.2 The Contractor upon receiving notice of suspension or termination from the Client shall suspend all operations
except those which, in the Contractor's opinion, are necessary for the safety of personnel and for the care and
preservation of the Work, the materials and plant. Subject to any directions in the notice of suspension or
termination,the Contractor shall discontinue ordering materials, facilities and supplies and make every reason-
able effort,in the event of termination,to cancel existing orders on the best terms available.
10.3 During the period of suspension the Contractor shall not remove from the site any part of the work;or any
materials without the consent of the Client.
10.4 If the period of suspension is 30 days or less, the Contractor, upon the expiration of the period of suspension,
shall resume the performance of the Work and shall be paid for all costs involved in complying with the
suspension.
10.5 If, after 31 days from the date of notice of suspension of the Work the Client and the Contractor agree to
continue with and complete the Work,.the Contractor shall resume operations and complete the performance of
the Work in accordance with any terms and conditions agreed upon by the Client and the Contractor.
10.6 If after 31 days from the date of notice of suspension of the Work the Client and the Contractor do not agree
that the Work will be continued by the Contractor, or they fail to agree on the terms and conditions upon
which the Contractor will resume operations and continue the performance of the Work,the Contract shall be
deemed to have been terminated.
10.7 If the Contract is terminated pursuant to 10.1 and/or 10.6 above,the Client shall pay the Contractor as follows:
(a) In accordance with the terms of the Contract Documents for all work performed and for all of the
Contractor's obligations under contracts which he was unable or was not asked to cancel, less any contract
progress payments made by the Client prior to termination.
(b) All costs incurred by the Contractor in complying with the suspension and termination order,plus compen-
sation for damages or loss of benefits suffered by the Contractor because of the termination of the Contract.
10.8 The Contractor's obligation as to quality, correction and warranty of any work performed shall continue in
force after such termination.
10.9 The Contractor, by giving written notice to the Client, may suspend the performance of the Work and/or
terminate the Contract without prejudice to any other right or remedy he may have, if the Work should be
stopped under an order of any Court or other public authority through no act or fault of the Contractor or of
anyone employed by him. In that event the Client shall pay the Contractor in the manner set out in 10.7 (a) and
(b).
CC 11 TERMINATION OF CONTRACT FOR DEFAULT
11.1 The Client for any of the following reasons may,after giving five days written notice to the Contractor stop the
Work and/or terminate the Contract,without prejudice to any other right or remedy he may have:
(a) If the Contractor is adjudged bankrupt; or makes a general assignment for the benefit of creditors,or if a
receiver is appointed on account of his insolvency;
(b) If the Contractor refuses or fails to supply sufficient properly skilled workmen or proper materials after
seven days written notice from the Client,except in those cases provided in CC 8—Delays;
(c) If the Contractor fails to make prompt payment to his subcontractors,his suppliers or his workmen;
(d) If the Contractor persistently disregards laws or ordinances, or the instructions of the Client,or otherwise
fails to observe or violates the provisions of the Contract to a substantial degree;
(e) If the Contractor has made an assignment of the Contract without the required consent of the Client;
(f) If the Contractor abandons the Work.
CCA 14—1975 14-9
11.2 If the Client terminates the Contract under the Conditions set out in 11.1 above,he is entitled to:
(a) take possession of the premises and products and utilize the construction machinery and equipment, the
whole subject to the rights of third parties,and to finish the work by whatever method he may deem expedient
but without undue delay or expense;
(b) withhold any further payments to the Contractor until the work is finished;
(c) upon Total Performance of the Work,charge the Contractor the amount by which the full cost of finishing
the Work as certified by the Client's Consultant, including compensation to the Client's Consultant for his
additional services and a reasonable allowance as determined by the Client's Consultant to cover the cost of any
corrections required by CC 36 —Warranty, exceeds the unpaid balance of the Contract Price;or if such cost of
finishing the Work is less than the unpaid balance of the Contract Price,pay the Contractor the difference;
(d) on expiry of the warranty period,charge the Contractor the amount by which the cost of corrections under
CC 36 — Warranty exceeds the allowance provided for such corrections,or if the cost of such corrections is less
than the allowance,pay the Contractor the difference.
11.3 The Contractor for any of the following reasons may,after giving five days written notice to the Client, stop the
Work and/or terminate the Contract,without prejudice to any other right or remedy he may have.
(a) If the Client shall fail to pay the Contractor in accordance with CC 25 — Conditions of Payment or in
accordance with an award of any Court or panel of Arbitrators.
(b) If the Client is adjudged bankrupt; or makes a general assignment for the benefit of creditors, or if a
receiver is appointed on account of his insolvency.
(c) If the Client has made an.assignment of the Contract without the required consent of the Contractor.
(d) If the Client persistently disregards communications or reasonable requests from the Contractor for infor-
mation or instructions, or otherwise violates the provisions of the Contract to a substantial degree.
11.4 If the Contractor terminates the Contract under the conditions set out in 11.3 above he is entitled to be paid as
follows:
(a) In accordance with the terms of the Contract Documents for all work performed and for all of the
Contractor's obligations under contracts which he was unable to cancel, less any contract progress payments
made by the Client prior to termination.
(b) All costs incurred by the Contractor as a result of the termination plus compensation for damages or loss of
benefits suffered by the Contractor.
CC 12 SEPARATE CONTRACTS WITH OTHER CONTRACTORS
12.1 The Client reserves the right to let separate contracts in connection with the undertaking of which the Work is
pa rt.
12.2 The Client shall co-ordinate the Work of Other Contractors as it affects the Work of this Contract and shall be
responsible for the co-ordination of fire and other insurance coverage on the undertaking.
12.3 The Client shall take all reasonable precautions when awarding Other Contracts to avoid labour disputes or
other disputes on the undertaking.
12.4 The Contractor shall co-ordinate his work with that of Other Contractors and connect as specified or shown in
the Contract Documents.
12.5 The Contractor shall report to the Client any apparent deficiencies in Other Contractor's work which would
affect the work of this contract immediately they come to his attention and shall confirm such report in
writing.
Failure by the Contractor to so report shill invalidate any claims against the Client by reason of the deficiencies
of Other Contractor's work except as to 1- -se of which he was not reasonably aware.
CC 13 ASSIGNMENT
13.1 Neither party of the Contract shall assign the Contract or any portion thereof without the written consent of
the other,which consent shall not be unreasonably withheld.
CC 14 SUBCONTRACTS
14.1 The Contractor agrees to preserve and protect the rights of the Client under the Contract with respect to any
work to be performed under subcontract so that the subcontracting thereof will not prejudice such rights. To
this end the Contractor will be responsible to the Client for the performance of all subcontract work and agrees
14-10 CCA 14-1975
that he will require his Subcontractors to nr,-fc-.!n hest wr.-irk in accordance with the terms and conditions of
tiir.::nnTr?^t Docu isw .
14.2 The Contractor shall be as fully responsible to the Client for acts and omissions of his Subcontractors and of
persons directly or indirectly employed by them as for the acts and omissions of persons directly employed by
him.
14.3 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the Client
prior to the signing of the Contract for stated portions of the Work.
14.4 The Client may, for reasonable cause,object to the use of a proposed Subcontractor and require the Contractor
to employ one of the other subcontract bidders.
14.5 In the event that the Client requires a change from any proposed Subcontractor the Contract Price shall be
adjusted by the difference in cost occasioned by such required change.
14.6 The Contractor shall not be required to employ as a Subcontractor any person or firm to whom he may
reasonably object.
14.7 The Client may, upon reasonable request and at his discretion,provide to a Subcontractor information as to the
percentage of the Subcontractor's work for which payment has been made.
14.8 Nothing contained in the Contract Documents shall create any contractual relationship between any Sub-
contractor and the Client.
CC 15 EMERGENCIES
15.1 The Client has authority in an emergency to stop the progress of the Work whenever in his opinion such
stoppage may be necessary to ensure the safety of life, or of the Work or neighbouring property.This includes
authority to make changes in the Work, and to order, assess and award the cost of such work, extra to the
Contract or otherwise, as may in his opinion be necessary.The Client shall within two (2)working days confirm
in writing any such instructions. In such a case if work has been performed under direct order of the Client the
Contractor shall keep his right to claim the value of such work, notwithstanding Article 1690 of the Quebec
Civil Code.
CC 16 SETTLEMENT OF DISPUTES
16.1 In the case of any dispute arising between the Client and the Contractor as to their respective rights and
obligations under the Contract, either party hereto shall give to the other notice of such dispute within thirty
days of the occurrence. This time limitation shall not apply under the circumstances provided for in CC 6.3. In
the event that the parties have agreed to submit such disputes to arbitration pursuant to a supplementary
General Condition to the Contract,or by subsequent agreement,either party may thereupon request arbitration
pursuant to such provisions. In the event that no provision or agreement is made for arbitration or to the extent
that such an agreement permits it,then either party shall have the right to seek recourse in such judicial tribunal
as the circumstances may require.
16.2 In recognition of the obligation by the Contractor to perform the disputed work as provided in CC 6.2 and 6.4,
it is agreed that settlement of dispute proceedings may be commenced by either party at anytime.
CC 17 INDEMNIFICATION
17.1 The Contractor shall indemnify and hold harmless the Client and his agents and employees from and against
claims, damages, losses and expense including legal fees arising out of or attributable to the performance of the
Work,provided any such claim,damage, loss or expense is:
(a) attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
(other than the Work itself), and
(b) is caused by a negligent act or omission of the Contractor, or any subcontractors, their employees or
anyone for whose acts they may be liable.
17.2 The obligations of the Contractor under this Contract Condition shall not extend to the liability of the Client,
his agents or employees arising out of:
(a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or
specifications provided by the Client,his-agents or employees,or
(b) the giving of or the failure to give directions or instructions by the Client, his agents or employees provided
such giving or failure to give is the primary cause of the injury or damage.
17.3 The Client shall indemnify and save harmless the Contractor from and against all claims,demands, losses,costs,
damages, actions, suits or proceedings arising out of his activities under the Contract which are attributable to:
CCA 14—1975 14-11
(a) lack of or a defect in, title or in alleged lack or defect in, title to the site of the Work, if owned by the
Client,or if the same has not been sold to the Client by or at the instance of the Contractor,or
(b) an infringement or an alleged infringement of any patent of invention in executing anything for the purpose
of the Contract, the model,plan or design of which was supplied by the Client to the Contractor.
CC 18 CONTRACTOR'S DISCHARGE OF LIABILITY
18.1 The Contractor shall discharge all liabilities incurred by him for labour,matey iais or services, used or reasonably
required for use in the performance of this Contract, on the date upon which each becomes due.
18.2 The Contractor shall cause every Subcontractor engaged in the performance of this Contract to discharge all
liabilities of this Contract. Workmen employed by a Subcontractor shall be paid in full at intervals not less
frequently than required by the governing law and other liabilities of the Subcontractor, as aforesaid, shall be
discharged on the date upon which each becomes due. At the request of the Client the Contractor shall furnish
the Client with satisfactory evidence that his liabilities and those of the Subcontractors, as aforesaid, have been
discharged.
CC 19 CONTINGENCY ALLOWANCE
19.1 The Contract Price includes any contingency allowance stated in the Contract Documents.
19.2 The contingency allowance is specified to provide for changes in the Work authorized under CC 21 —Changes in
the Work and evaluation under CC 22 —Valuation and Certification of Changes in the Work.
CC 20 CASH ALLOWANCES
20.1 The Contract Price includes all cash allowances stated in the Contract Documents.
20.2 Cash allowances, unless otherwise specified, cover the net cost to the Contractor of all services, products,
construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized
expenses incurred in performing the work stipulated under the cash allowance.
20.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection
with such cash allowances.
20.4 Where costs under a cash allowance exceed the amount of the allowance, the Contractor will be compensated
for any expenses incurred and substantiated on the excess plus an agreed per cent of the excess for overhead and
profit.
20.5 The Contract Price shall be adjusted by written order to provide for any excess or deficit to each cash
allowance.
20.6 Progress payments on account of authorized purchases under cash allowances shall be certified on monthly
certificates.
20.7 A schedule shall be prepared jointly by the Client and Contractor to show when items called for under cash
allowances must be agreed to and authorized for ordering purposes so that the Project progress will not be
delayed.
CC 21 CHANGES IN THE WORK
21.1 The Client, without invalidating the Contract, may make changes by altering, adding to,or deducting from the
Work,with the Contract Price and Contract Time being adjusted accordingly.
21.2 Except as provided in CC 15 - Emergencies no change shall be made without a written order from the Client
and no claim for an addition or deduction to 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 for in CC 22 —Valuation and
Certification of Changes.
CC 22 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK
22.1 The value of any change in the Work shall be determined by one or more of the following methods:
(a) By estimate and acceptance in a lump sum.
(b) By unit prices as contained in the tender or call for Development Proposals or as set out in the Contract or
subsequently agreed upon.
(c) By cost and a fixed.or percentage fee.
22.2 When a change in the Work is proposed or required the Contractor shall present to the Client for approval his
claims for any change to the Contract Price and/or change in Contract Time.The Client shall satisfy himself as
14.12 CCA 14—1975
to the correctness of such claim and when approved by him, shall issue a written order to the Contractor to
proceed with the change.The value of the work performed in the change shall be included for payment with the
regular progess payments.
22.3 In the case of changes in the Work to be paid for under methods (b) and (c) of 2?.1,the form of presentation of
costs and method of measurement shall be agreed to by the Client and the Contractor before proceeding with
the change. The Contractor shall keep accurate records as agreed upon of quantities or costs and present an
account of the cost of the change in the Work,together with vouchers where applicable.
22.4 If the method of valuation, measurement and value of any change cannot be promptly agreed upon, and the
change is required to be proceeded with, then the work shall be performed and paid for by cost and a fixed or
percentage fee establiAed in the Contract Documents. In this case the Client shall issue a written authorization
for the required change in the Work.
22.5 It is intended in all matters involving changes in the Work that both the Client and the Contractor act promptly.
CC 23 DETERMINATION OF COST
23.1 Whenever it is necessary for the purposes of these Contract Conditions to determine the cost of labour, plant or
material as herein set out, the cost of such labour,plant or material shall be the amount agreed upon from time
to time by the Contractor and the Client.
23.2 If the Contractor and the Client cannot agree as to the cost of labour plant or material as contemplated in 23.1,
the cost of labour, plant or material for the purposes of these Contract Conditions shall be equal to the
aggregate of:
(a) all reasonable and proper amounts actually expended by or legally payable by the Contractor in respect of
the labour, plant or material which fall within one of the classes of expenditure described in 23.3 (being costs
which are directly attributable to the performance of the work and are not costs in respect of which the
allowance in paragraph (b) is made);and
(b) 20% of the total of the expenditures of the Contractor that meet the test in paragraph (a) being an
allowance for all other expenditures by the Contractor and for profit, and without limiting the generality of the
foregoing, being also an allowance for payment and charges relating to overhead, head office expenses and
general administration costs of the Contractor, including finance and interest charges.
23.3 Classes of expenditure that are allowable are:
(a) payments to Subcontractors;
(b) wages, salaries and travelling expenses of employees of the Contractor while they are actually and properly
engaged on the Work, other than wages, salaries, bonuses, living and travelling expenses of personnel of the
Contractor generally employed at the head office,or at a general office,of the Contractor unless such personnel
is engaged at the site of the Work,with the approval of the Client;
(c) payments for materials necessary for and incorporated in the Work, necessary for and consumed in the
performance of the Work;
(d) payments for tools, other than tools customarily provided by tradesmen, necessary for and used in the
performance of the Work;
(e) payments for preparation, inspection,delivery, installation and removal of plant and materials necessary for
the performance of the Work;
(f) payments for renting, erecting, maintaining and removing temporary offices, sheds and similar structures
necessary for and used by the Contractor in performing the Work;
(g) assessments payable under any statutory scheme relating to Workmen's Compensation, Unemployment
Insurance,or holidays with pay;
(h) payments for renting plant, and allowances for plant owned by the Contractor, necessary for the perform-
ance of the Work, provided that such payments or allowances are reasonable or have been agreed to by the
Contractor and the Client;and
(i) payments made with the approval of the Client,that are necessary for the performance of the Work.
23.4 For the purposes of this section, "plant"does not include tools.
CC 24 APPLICATION FOR PAYMENT
24.1 Applications for payment on account as provided for in Article IV may be made monthly as the Work
progresses.
CCA 14-1975 14-13
24.2 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 site at that date.
24.3 The Contractor shall submit to the Client before the first application for payment, a schedule of values of the
various parts of the Work, aggregating the total amount of the Contract Price and divided so as to facilitate
evaluation of applications for payments.
24.4 This schedule shall be made out in such form,and supported by such evidence as to its correctness,as the Client
may reasonably direct, and when approved by the Client shall be used as the basis for application for payment,
unless it be found to be in error.
24.5 When making application for payment, the Contractor shall submit a statement based upon this schedule.
Applications for. payment,for products delivered to the site but not yet incorporated into the Work shall be
supported by such evidence as the Client may reasonably require to establish the value and delivery of the
products.
24.6 Applications for release of holdback monies following the Substantial Performance of the Work and the
application for final payment shall be made at the time and in the manner set forth in CC 25—Conditions of
Payment.
V1(
CC 25 CONDITIONS OF PAYMENT
thirty. 30
25.1 The Client shall, within days of the receipt of an application for payment from the Contractor
submitted in accordance with CC 24 — Application for Payment, make payment to the Contractor on account
in accordance with the provisions of Article IV of the Agreement.
25.2 Notwithstanding any other provisions of this Contract:
(a) If on account of climatic or other conditions reasonably beyond the control of the Contractor there are
items of work that cannot readily be performed, the payment in full for work which has been performed shall
not be withheld or delayed by the Client on account thereof, but the Client may withhold from the Contract
Price until the remaining work is finished only such monies as are sufficient and reasonable to cover the cost of
performing such remaining work and to adequately protect the Client from claims;
(b) Where legislation permits and where, upon application by the Contractor, that a Subcontract has been
totally performed to his satisfaction prior to the Substantial Performance of this Contract,the Client shall pay
the Contractor the holdback retained for such Subcontractor on the day following the expiration of the
Statutory Limitation Period stipulated in the Mechanics' Lien Act applicable to the place of building.
25.3 Notwithstanding the provisions of 25.2 (b) the Contractor shall ensure that such work is protected pending the
Total Performance of the Contract and be res 4 le fouthe correction of any defects in it.
working
25.4 The Client shall, within ten (10) days of ceipt of an application from the Contractor for a certificate of
Substantial Performance, make an inspection and assessment of the Work to verify the validity of the applica-
tion.The Client shall within seven (7) days of his inspection notify the Contractor of his approval or disapproval
of the application.When the Client finds the Work to be substantially performed he shall issue such a certificate.
The date of this certificate shall be the date of Substantial Performance of the Contract. Immediately following
the issuance of the Certificate of Substantial Performance, the Client, in consultation with the Contractor shall
establish a reasonable date for the Total Performance of the Contract.
25.5 The release of holdback monies authorized by this certificate shall become due and payable on the day
following the expiration of the Statutory Limitation Period stipulated in the Mechanics' Lien Act applicable to
the place of building, or where such legislation does not exist or apply in accordance with such other legislation,
regulations governing privileges, industry practice or such other provisions which may be agreed to between the
parties, providing that no lien or privilege claims aqainst the Work exist and the Contractor has submitted to the
Client a sworn statement that all accounts for labour, subcontracts, products, construction machinery and
equipment and any other indebtedness which may have been incurred by the Contractor in the Substantial
Performance of the Work and for which the Client might in any way be held responsible have been paid in full
except holdback monies properly retained.
wprk"7
25.6 The Client shall within ten (10) days o eipt of an application from the Contractor for payment upon Total
Performance of the Contract, make an inspection and assessment of the work to verify the validity of the
application. The Client shall within seven (7) days of his inspection notify the Contractor of his approval or
disapproval of the application. When the Client finds the Work to be totally performed to his satisfaction, he
shall issue a Certificate of Total Performance and make payment of the remaining monies due to the Contractor
under the Contract less any holdback monies which are required to be retained.The date of this certificate shall
be the date of Total Performance of the Contract.
14.14 CCA 14-1975
,
25.7 The release of any remaining holdback monies shall become due and payable on the day following the expira-
tion of the Statutory Limitation Period stipulated in the Mechanics' Lien Act applicable to the place of
building, or where such legilstion does not exist or apply in accordance with such other legislation, regulations
governing privileges, industry practice or such other provisions which may be agreed to between the parties,
provided that no claims against the Work exist and the Contractor has submitted to the Client a sworn
statement that all accounts for labour, subcontracts, products, construction machinery and equipment and any
other indebtedness which may have been incurred by the Contractor in the Total Performance of the Work and
for which the Client might in any way be held responsible have been paid in full except holdback monies
properly retained.
25.8 No payment made to the Contractor,nor any partial or en'ire use of occupancy of the Work by the Client shall
constitute an acceptance of any work or products not in accordance with the Contract Documents.
25.9 The issuance of the Certificate of Total Performance shall constitute a waiver of all claims by the Client against
the contractor except those previously made in writing and still unsettled, if any, and those arising from the
provisions of CC 33—Warranty.
The acceptance of the Certificate of Total Performance or of the payment due thereunder shall constitute a
waiver of all claims by the Contractor against the Client except those made in writing prior to his application for
payment upon Total Performance of the Contract and still unsettled, if any.
CC 26 TAXES AND DUTIES
26.1 Unless otherwise stated in Supplementary General Conditions, the Contractor shall pay all government sales
taxes,customs duties and excise taxes and freight costs with respect to the Contract.
26.2 Any increase or decrease in material or equipment costs to the Contractor due to changes in such taxes and
duties and freight costs shall increase or decrease the Contract Price accordingly.
26.3 Where an exemption of government sales taxes, customs duties or excise taxes is applicable to the Contract by
way of the Contractor filing claims for, or cooperating fully with the Client and the proper authorities in
seeking to obtain such refunds,the procedure shall be established in a Supplementary General Condition.
26.4 Refunds that are properly due to the Client and have been recovered by the Contractor will be promptly
refunded to the Client.
CC 27 LAWS, NOTICES, PERMITS AND FEES
27.1 Unless stated otherwise in the Supplementary General Conditions the Contractor shall apply and pay for all
necessary permits and licences required for the performance of the Work (but this shall not include the
obtaining of permanent easements or rights of servitude).The Contractor shall give all necessary notices and pay
all f^,es required by law and comply with all laws,ordinances, rules and regulations relating to the Work and the y
presgry t(on of the pyblic hea th and Safety. coast act s1 a1} d p1 for and obtain th 6
Bull ding Permit. Ice clien w1 pay or e ui dig ermit.
27.2 The laws and building codes of the place of building shall govern the Work and the Contract Documents shall be
deemed to have included any such laws or codes existing at the time of the signing of the Contract. If any laws
and codes are subsequently changed or amended and as a result the Contract Documents are found to be at
variance therewith, any resulting additional expense incurred by the Contractor shall constitute an addition to
the Contract Price. The Contractor shall notify the Client in writing requesting written direction immediately
any such variance is brought to his attention.
CC 28 PATENT FEES
28.1 The Contractor shall pay all royalties and patent licence fees required for the performance of the Contract. He
shall hold the Client harmless from and against all claims, demands, losses, costs, damages, actions, suits or
proceedings arising out of the Contractor's performance of the Contract which dre attributable to an infringe-
ment or an alleged infringement of any patent of invention by the Contractor or anyone for whose acts he may
be liable.
28.2 The Client shall hold the Contractor harmless against all claims,demands, losses,costs,damages, actions, suits or
proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringe-
ment or an alleged infringement of any patent of invention in.executing anything for the purpose of the
Contract,the model,plan or design of which was supplied to the Contractor by the Client.
CC 29 WORKMEN'S COMPENSATION
29.1 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 all requirements of the Province or Territory of
the place of building with respect to the Workmen's Compensation Act including payments due thereunder.
CCA 14-1975 14-15
J
29.2 At any time during the term of the Contract, when requested by the Client, the Contractor shall provide such
evidence of compliance by himself and any or all of his subcontractors.
CC 30 LIABILITY INSURANCE
30.1 Without restricting the generality of CC 17 — Indemnification the Contractor shall provide and maintain
liability insurance acceptable to the Client in the minimum provided hereunder.The policies shall be in the joint
names of the Client and the Contractor and shall include all subcontractors, the Client's Consultant and the
Contractor's Consultant as Unnamed Insureds. The policies shall preclude subrogation claims by the Insurer
against anyone insured thereunder. ��; �'�
30.2 Comprehensive General Liability Insurance subject to limits-of not less than '� million dollars inclusive per
occurrence for bodily injury, death and damages to property including loss of use thereof, and including
coverage for:
(a) premises and operations liability
(b) contractor's contingent liability with respect to the operations of persons, firms or corporations having a
contract for the execution of a part or parts of the work included in the Contract.
(c) products or completed operations liability
(d) blanket contractual liability
(e) cross liability
(f) elevator and hoist liability
(g) contingent employer's liability
(h) personal injury liability
(i) shoring, blasting, excavating, underpinning, demolition, pile driving and caisson work, work below ground
surface,tunnelling and grading,as applicable.
(j) liability with respect to non-owned licenced vehicles
(k) liability with respect to owned and non-owned aircraft and watercraft,as applicable.
30.3 Liability insurance in respect of owned licenced vehicles subject to limits of not less than one million dollars
inclusive.
30.4 All liability insurance shall be maintained continuously until twelve (12) months after the date of the certifi-
cation of the Contractor's final application for payment.
30.5 Prior to the commencement of any work hereunder,the Contractor shall file with the Client a certified copy of
each insurance Policy.
30.6 All liability insurance policies required under CC 30 — Liability Insurance shall contain an endorsement to
provide all named insureds with prior notice of changes and cancellations. Such endorsement shall be in the
following form:
"It is agreed that the coverage provided by this insurance will not be changed or amended in any way nor
cancelled until 30 days after notice of such change or cancellation shall have been given to all Named Insureds."
CC 31 PROPERTY INSURANCE
31.1 The Contractor" shall provide and maintain property insurance acceptable to the Client, insuring the full value
of the Work in the amount of the Contract Price. The policies shall be in the joint names of the Client and the
Contractor, and shall include the interests of the Client,the Contractor,the Subcontractor and all others having
an insurable interest in the Work.The policies shall include all Subcontractors as UNNAMED INSUREDS,or, if
they specifically request, as NAMED INSUREDS. The policies shall preclude subrogation claims by the insurer
against anyone insured thereunder.
31.2 Such coverage shall be provided for by EITHER an All Risks Builders' Risk Policy, OR by a combination of a
standard Builders' Risk Fire Policy including Extended Coverage and Malicious Damage Endorsements and a
Builders' Risk Difference in Conditions Policy providing equivalent coverage.
31.3 The policies shall insure against all risks of direct loss or damage subject to the exclusion specified in the
Supplementary General Conditions"*. Such coverage shall apply to all material,equipment, machinery,labour
and supplies of any nature whatsoever, the property of the insureds or others for which the insureds may have
assumed responsibility, to be used in or pertaining to the site preparations, demolition of existing structures,
erection and/or fabrication and/or reconstruction and/or repair of the insured project,on the site and in transit,
subject to the exclusions of the property specified*". Such policies shall provide coverage for damage to the
work as a result of an accident to any pressure vessel or vessel under vacuum during the period of such policies
14-16 CCA 14-1975
up to certification or being placed in operation. Such coverage shall apply to both the installation and testing
phases.
* If the Client decides to insure,interchange the word"Client"and"Contractor"where appropriate.
** Define the specific exclusions in Supplementary General Conditions.
31.4 Before commencing the Work, the Contractor shall provide the Client with a certified copy of the insurance
policies. Policies provided under CC 30 — Liability Insurance shall contain an endorsement to provide the
named insureds with prior notice of changes and cancellations. Such endorsements shall be in the following
form:
"It is understood and agreed that the coverage provided by this policy will not be changed or amended in any
way nor cancelled until thirty (30) days after written notice of such change or can shall have been given
to all named insureds. eo vL/"A0
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31.5 All such insurance shall be maintained continuously until (10) �ays a er the date of the Contractor's final
application for payment. In the event that the Client occupies a building or any part thereof during the period
of this Insurance, any increase in the cost of this insurance arising out of such occupancy shall be at the Client's
expense.
31.6 The policies shall provide that in the event of a loss, payment for damages to the Work shall be made to the
Client and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the
Client and himself for the purpose of adjusting the amount of such loss with the insurers. On the determination
of the extent of the loss, the Contractor shall immediately proceed to restore the Work and shall be entitled to
receive from the Client (in addition to any sum due under the Contract) the amount at which the Client's
interest in the restoration work has been appraised, to be paid as the work of the restoration proceeds and in
accordance with the Contractor's application for payment. 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
time for completion of the Work.
31.7 The Contractor and his Subcontractors,as applicable,shall be responsible for any deductible amounts under the
policies.
CC 32 BOILER AND MACHINERY INSURANCE
32.1 The Contractor*shall provide and maintain boiler and machinery insurance acceptable to the Client to the limits
set forth in the Contract Documments**. The policy shall be in the joint names of the Client and Contractor
and shall include the interest of the Client,the Contractor,the Subcontractors and all others having an insurable
interest in the Work. The policy shall preclude subrogation claims by the insurer against anyone insured
thereunder. The policy shall include all Subcontractors as unnamed insureds, or if they specifically request, as
named insureds.
32.2 The policy shall become effective immediately upon the certification of the first boiler and/or pressure vessel
and before they are put into operation and shall be extended to provide coverage on all subsequent certifica-
tions of similar equipment.
32.3 Such coverage shall be provided by a Standard Boiler and Machinery Policy.The coverage provided thereunder
shall as a minimum cover the equipment itself against direct damage loss as well as cover damage to the Work
caused by an accident to and/or explosion of any boiler(s) or pressure vessels) forming a part of the Work.
* If the Client decides to insure,interchange the word"Client"and"Contractor"where appropriate.
** Insurance limits and coverage should be set out in detail in the Supplementary General Conditions.
32.4 Immediately upon receipt of such policy by the Contractor, the Contractor shall provide the Client with a
certified copy of the policy.
32.5 Such policy shall contain an endorsement to provide the named insureds with prior notice of changes and
cancellations and shall be in the following form:
"It is understood and agreed that, except with respect to the provisions of the Inspection and Suspension
Clause, the coverage provided by this policy will not be changed,amended in any way nor cancelled until thirty
(30) days after written notice of such change or cancellation shall have been ven to all named insureds."
wQrki / CT
32.6 All such insurance shall be maintained continuously until ten days a the date of the Contractor's final
application for payment.
32.7 The policy shall provide that, in the event of a loss, payment for damage to the Work shall be made to the Client
and Contractor as their respective interests may appear. The Contractor shall act on behalf of the Client and
himself for the purpose of adjusting the amount of such loss with the insurer. On the determination of the
extent of loss, the Contractor shall immediately proceed to restore the Work and shall be entitled to receive
CCA 14- 1975 14-17
from the Client(in addition to any st-m due under the Contract) the amount at which the Client's interest in the
restoration work has been appraised, to be paid as the work of restoration proceeds and in accordance with the
Contractor's application for payment. Damage shall not affect the rights and obligations of either party under
the Contract except as aforementioned and except that the Contractor shall be entitled to such reasonable
extension of time for completion of the Work.
CC 33 PROTECTION OF WORK AND PROPERTY
33.1 The Contractor shall protect the property adjacent to the project site from damage and shall hold the Client
harmless from any claims which may arise as the result of his operations under the Contract and/or from his
failure to provide such protection.
33.2 The Contractor shall protect the Work and the Client's property from damage and shall be responsible for any
damage which may arise as the result of his operations under the Contract except damage which occurs as the
result of:
(a) Errors in Contract Documents issued by the Client relating to protection of work and property.
(b) Actions of the Client,his agents, employees or other contractors.
33.3 Should any damage occur to the Work and/or Client's property for which the Contractor is responsible he shall
make good such damage at his own expense or pay all costs incurred by others in making good such damage.
33.4 Should any damage occur to the Work and/or Client's property for which the Contractor is not responsible as
provided in 33.2 (a) and (b) above, he shall make good such damage to the Work and, if the Client so directs to
the Client's property, and the Contract Price and Contract Time shall be adjusted in accordance with CC 21 —
Changes in the Work.
CC 34 DAMAGES AND MUTUAL RESPONSIBILITY
34.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of
the other party or anyone employed by him, 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 it be that of a third party.
34.2 Claims under this CC shall be made in writing to the party liable within reasonable time after the first
observances of such damage and not later than the time limits stipulated in CC 25 — Conditions of Payment,
and may be adjusted by agreement or in the manner set out in CC 16—Settlement of Disputes.
34.3 If the Contractor has caused damage to any 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 settle. If such Other
Contractor sues the Client on account of any damage alleged to have been so sustained,the Client shall notify
the Contractor and may require the Contractor to defend the action at the Contractor's expense. If any final
order or judgment against the Client arises therefrom the Contractor shall pay or satisfy it and pay all costs
incurred by the Client.
34.4 If the Contractor becomes Iiable to pay or satisfy any final order,judgment or award against the Client then the
Contractor shall have the right, upon undertaking to indemnify the Client against any and all liability of costs,
to appeal in the name of the Client such final order or judgment to any and all courts of competent jurisdiction.
CC 35 BONDS
35.1 The Client shall have the right to require the Contractor to provide and maintain in good standing until the
fulfilment of the Contract, bonds covering the faithful performance of the Contract including the requirements
of the Warranty provided for in CC 36 — Warranty, and the payment of all obligations arising under the
Contract.
35.2 All such bonds shall be issued by a duly incorporated surety approved by the Client and authorized to transart a
business of suretyship in the Province or Territory of the place of building.The form of such bonds shall be the
Iatest edition of the CCA approved forms.
35.3 If bonds are called for in the tender documents the costs attributable to providing such bonds shall be included
in the tender price.
35.4 Should the client require the provision of a bond or bonds by the Contractor after the receipt of tenders for the
Work,the Contract Price shall be increased by all costs attributable to providing such bonds.
35.5 The Contractor shall promptly provide to the Client any bonds that are required.
14.18 CCA 14—1975
CC 36 WARRANTY
36.1 The Contractor shall correct, at his own expense:
(a) any Work which is found to be not in accordance with the Contract Documents,
(b) any defects in the Work due to faulty products and/or workmanship appearing within a period of one year
from the date of Substantial Performance of the Work, , or such longer periods as may be specified
for certain products and work. -
36.2 The Contractor shall correct and/or pay for any damage to other work resulting from any corrections required
under the conditions of 36.1.
36.3 Neither the final certificate nor payment thereunder shall relieve the Contractor from his responsibility
hereunder.
36.4 The Client shall give the Contractor written notice of observed defects promptly.
36.5 The Contractor shall be liable for the proper performance of the Work only to extent that careful workmanship
and proper implerpentation of the Contract Documents will permit and any warranty given respecting the Work
and performance shall only be valid so far as the design will permit such performance.
CC 37 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
37.1 The Contractor shall have complete control of the Work except as provided in CC 15 — Emergencies. He shall
effectively direct and supervise the Work using his best skill and attention. He shall be solely responsible for all
construction means, methods,techniques, sequences, and procedures and for co-ordinating all parts of the Work
under the Contract.
37.2 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of
temporary structural and other temporary facilities and the design and execution of construction methods
required in their use. The Contractor shall engage and pay for registered professional engineering personnel,
skilled in the appropriate discipline to perform these functions where required by law, or by the Contract
Documents and in all cases where such temporary facilities and their method of construction are of such a
nature that professional engineering skill is required to produce safe and satisfactory results.
CC 38 SUPERINTENDENCE
38.1 The Contractor shall effectively direct and supervise the Work using his best skills and attention.
38.2 The Contractor shall employ a competent superintendent and necessary assistants satisfactory to the Client at
the project site at all times during the,progress of the Work,
38.3 The superintendent shall be satisfactory to the Client and shall not be changed except for good reason and only
then after consultation with the Client,
38.4 The superintendent shall represent the Contractor at the Work site and directions given to him by the Client
shall be held to have been given to the Contractor. Important directions shall be confirmed to the Contractor in
writing,other directions will be so confirmed if requested.
CC 39 LABOUR AND PRODUCTS
39.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for all
labour, products, tools, construction equipment and machinery, water, heat, light, power, transportation and
other facilities and services necessary for the proper performance of the Work.
39.2 All products provided shall be new unless otherwise specified in the Contract Documents. Any products which
are not specified shall be of a quality best suited to the purpose required.
39.3 The Contractor shall at all times maintain good order and discipline among his employees engaged on the Work
and shall not employ on the Work any unfit person nor anyone not skilled in the task assigned to him.
CC 40 SUBSURFACE CONDITIONS
40.1 The Contractor shall promptly notify the Client in writing if in his opinion the subsurface conditions at the
Project site differ materially from those indicated in the Contract Documents or as may have been represented
to him by the Client before the time of tender submission.
40.2 After prompt investigation, should the conditions differ materially, the Client shall issue appropriate instruc-
tions for changes in the Work as provided for in CC 21 — Changes in the Work.
CCA 14- 1975 14-19
CC 41 USE OF PREMISES
41.1 The Contractor shall confine his apparatus,the storage of products,and the operations of his workmen to limits
indicated by laws, ordinances, permits or as agreed with the Client and shall not unreasonably encumber the
premises with his products.
41.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight that will endanger its
safety.
41.3 The Contractor shall enforce the Client's instructions regarding signs, advertisements,fires and smoking.
GC 42 CLEANUP AND FINAL CLEANING OF WORK
42.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products
and debris, other than that caused by the Client, Other Contractors or their employees.
42.2 When the Work is totally performed, the Contractor shall remove all surplus products, tools, construction
machinery and equipment, and any waste and debris, and leave the Work clean and suitable for occupancy by
the Client unless otherwise specified.
CC 43 CUTTING AND REMEDIAL WORK
43.1 The Contractor shall do all cutting and remedial work that may be required to make the several parts of the
Work come together properly.
43.2 The Contractor shall co-ordinate the schedule for the Work to ensure that this requirement is kept to a
minimum.
43.3 Cutting and remedial work shall be performed by specialists familiar with the materials affected and shall be
performed in a manner to neither damage nor endanger any Work.
CC 44 INSPECTION OF WORK
44.1 The Client and his authorized representatives shall have access to the Work for inspection, wherever it is in
preparation or progress. The Contractor shall cooperate to provide reasonable facilities for such access.
44.2 If special tests, inspections or approvals are required by the Contract Documents,the Client's instructions or the
laws or ordinances of the place of building, the Contractor shall give the Client timely notice requesting
inspection. Inspection by the Client shall be made promptly.The Contractor shall arrange inspections by other
authorities and shall notify the Client of the date and time.
44.3 If the Contractor covers or permits to be covered any of the Work that is subject to inspection or before any
special tests and approvals are completed without the approval of the Client, the Contractor shall uncover the
Work,have the inspections satisfactorily completed and make good the Work at his own expense.
44.4 Examination of any questioned Work may be ordered by the Client. If such Work be found in accordance with
the Contract, the Client shall pay the cost of examination and replacement. If such Work be found not in
accordance with the Contract,through the fault of the Contractor,the Contractor shall pay such cost.
44.5 The Contractor shall furnish promptly to the Client two (2) copies of all certificates and inspection reports
relating to the Work.
CC 45 REJECTED WORK
45.1 Defective work, whether the result of poor workmanship,use of defective materials or damage through careless-
ness or other acts,and whether incorporated in the Work or not,which has been rejected by the Client as failing
to conform to the Contract Documents shall be removed promptly from the premises by the Contractor and
replaced and re-executed promptly in accordance with the Contract Documents at the Contractor's expense.
If the Contractor does not remove such defective materials or work within the time fixed by written notice by
the Client, the Client may remove them and store such materials at the expense of the Contractor.
45.2 Other Contractor's work destroyed or damaged by such removals or replacements shall be made good promptly
at the Contractor's expense.
45.3 If in the opinion of the Client it is not expedient to correct defective work or work not done in accordance with
the Contract Documents, the Client may deduct from the Contract Price the difference in value between the
work as done and that call for by the Contract,the amount of which shall be determined by mutual agreement
between the parties in the first instance.
14-20 CCA 14-1975
CC 46 SHOP DRAWINGS
46.1 The Contractor, when required to do so, shall furnish to the Client, at proper times, all shop and setting
drawings and diagrams which the Client may deem necessary in order to make clear the work intended or to
show its relation to adjacent work of other trades. The Contractor shall make any changes in such drawings or
diagrams which the Client may require consistent with the Contract, and shall submit sufficient copies of the
revised prints to the Client for approval, all but one of which shall be returned to the Contractor if approved by
the Client. When submitting such shop and setting drawings the Contractor shall notify the Client in writing of
changes made therein from the Contractor's drawings or specifications. The Client's approval of such drawings.
or of the revised drawings shall not relieve the Contractor from responsibility for errors made by the Contractor
therein or for changes made from the 'Contractor's drawings or specifications not covered by the Contractor's
written notification to the Client. All models and templates submitted shall conform to the spirit and intent of
the Contract Documents.
CC 47 SAMPLES
47.1 The Contractor shall submit for the Client's approval such manufacturer's standard samples as he may reason-
ably require. Samples shall be labelled as to origin and intended use in the Work and shall conform to the
requirements of the Contract Documents.
47.2 The Contractor shall provide samples of special material,assemblies,or components when so specified. The cost
of such samples not specified shall be authorized as an addition to the Contract Price as provided for in CC 21
Changes in the Work.
CC 48 TEST AND MIX DESIGNS
48.1 The Contractor shall furnish to the Client test results and mix designs as may be reasonably requested.
48.2 The cost of test and mix designs beyond those called for in the Contract Documents or beyond those required
by laws, ordinances, rules and regulations relating to the Work and the preservation of public health, shall be
authorized as an addition to the Contract Price as provided for in CC 21 —Changes in the Work.
CCA 14-1975 14-21
Appendix"AV
Suggested Supplementary General Condition to be incorporated into the Contract Documents when both parties to the
Contract agree prior to the signing of the Contract to submit any disputes to a Settlement of Disputes Procedure
involving arbitration.
SETTLEMENT OF DISPUTES PROCEDURE
(a) The Settlement Procedure may comprise two stages:
Stage 1 — The dispute shall be referred and submitted to a mediator or mediators selected by the Local area
Construction Association.
Stage 11 — The dispute shall be referred and submitted to an arbitration board composed of, as the parties may
agree, either
(i) a single legal arbitrator agreed to by the parties,or
(ii) a two-man board comprised of a legal arbitrator and a person technically qualified relevant to the subject of
the dispute,both as agreed to by the parties, or
(iii) a three-man board comprised of one nominee of each party,and a legal arbitrator to be chairman as agreed to
by such nominees.
(b) No person may serve as a mediator in Stage I or an arbitrator in Stage II who or whose company has or can have a
financial interest in the outcome of the dispute.
(c) A decision on a dispute originally initiated at Stage I is final and binding and not subject to appeal, provided that a
party dissatisfied with such decision may reinitiate the dispute afresh for hearing at Stage I I upon giving the other
party notice within ten (10)working days after the unacceptable decision.
A decision on a reinitiated dispute is final and binding without right of appeal or of further reinitiation.
A party dissatisfied with a decision on a dispute originally initiated at Stage II may appeal therefrom to the
Supreme Court of the Province as and if provided by the Arbitrations Act applicable to the place of building.
(d) Agreement by the parties to submit the dispute-to the Stage I I settlement procedure shall constitute a submission
to arbitration under the Arbitrations Act applicable to the place of building and the provisions of that Act shall
apply accordingly. Subject only to the Act and agreement of the parties, the board may decide any question of
substance,procedure and costs on or in relation to the dispute.
14.22 CCA 14—1975
�CONSr 'seoci�rio
Canadian "�� _°�� ,�o Association
Construction s a \( / canadienne
Association +SSo� '`*FOE�LA/�o�•r de la construction
85, rue Albert Street,Ottawa,Canada K1 P 6A4
Telephone(613) 236-9455 Fax,T6I6copieur(613)236-9526
CCA Canadian standard construction documents
Documents normalises de construction- A C C
CCA L-1 1982 Stipulated Price Subcontract - Long Form
(Revised 1984)
ACC L-1 1982 Marche de sous-traitance a forfait - version longue
(Revise 1984)
CCA S-1 1984 Stipulated Price Subcontract - Short Form
ACC S-1 1981 Marche de sous-traitance a forfait - version courte
• CCA 5 1988 Standard Construction Management Contract Form
CCA 7 1981 Equipment Rental Agreement Form
ACC 7 1981 Contrat de location d'equipement
• CCA 8A 1967 Waiver of Lien for Mortgage Fund
• CCA 8B 1967 Waiver of Lien for General Purposes
CCA 11 1972 Contractor's Qualification Form.
(Building Construction)
ACC 11 1970 Declaration de 11entrepreneur aux fins devaluation
(construction en batiment)
• CCA 14 1975 Design-Build Stipulated Price Contract
CCA A 1974 Guide to Construction Management Contracts
ACC A 1974 Guide d'execution des contrats de gestion
de la construction
• CCA B 1975 Proposal Guidelines for the Design-Build Method
of Construction
* CCA C 1973 Performance Standards for Project Management and
Scale of Fees for Project Management Services
CCA G 1981 Rental Rates on Construction Equipment
ACC G 1981 Taux de location de 1'equipement de construction
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*Published in English only.
*Anglais seulement.