HomeMy WebLinkAbout98-115 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-115
Being a By-law to authorize a contract between the Corporation
of the Municipality of Clarington and Kraco Carpentry Service
Limited, Bowmanville, Ontario, for the Addition/Renovations
to the Newcastle Community Hall.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation Seal,
a Contract between Kraco Carpentry Service Limited and said Corporation; and
2. THAT this agreement attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 29 day of June, 1998.
By-law read a third time and finally passed this 29 day of June, 1998.
Mayor
Cle
'WP
FFFr,
Canadian construction documents committee
SUMMARY OF IMPORTANT DIFFERENCES BETWEEN
THE 1994 AND THE 1982 EDITIONS OF CCDC 2
• The Articles of the Agreement and General Conditions of the CCDC 2 - 1994 are reordered.
• Article A-4 of the Agreement - CONTRACT PRICE
Value Added Taxes are excluded from the Contract Price.
• Article A-5 of the Agreement- PAY SENT
`Final certificate for payment' is used as a milestone event in the life of the Contract.
• GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER
The Contractor is entitled to request the Owner to furnish reason evidence that financial arrangements
have been made to fulfill the Owner's obligations under the Contract.
• GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFOR,%4ANCE OF THE WORK
The Owner is required to place the holdback amount in a separate holdback account 10 days prior to
the expiry of the holdback period
• GC 6.3 - CHANGE DIRECTIVE
Introduces a new administrative document called a 'Change Directive' which is signed by the Owner
and authorizes the change to proceed where there has been no agreement on the value of a change or
the valuation method.
• GC 6.4 - CONCEALED OR UNKNOWN CONDITIONS
The scope is expanded to include concealed physical conditions as well as underground conditions.The
procedure and time period for the giving of written notices are specified.
• Part 8 of.the General Conditions -DISPUTE RESOLUTION P roach of negotiation,
The dispute resolution procedures are amended to mandate the sequential app
mediation,and arbitration.If neither party elects to use arbitration.the parties may refer the unresolved
dispute to the cottr*s or to any other form of dispute resolution,including arbitration, which they have
agreed to use.
• GC 9.3 -TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS
New General Condition outlines the procedures to apply and the obligations of the parties respecting
the presence of toxic or hazardous substances or materials at the Place of the Work.
• GC 11.1 - INSURANCE policy forms endorsed
The insurance conditions are revised to refer the prevailing standard insurance p
by the Insurance Bureau of Canada (IBC) rather than the current CCDC Policy Forms. Certain
mandatory endorsements, however, are required by the CCDC provisions to the IBC policies.
• GC 12.3 - WARRANTY equiring guarantees
New pranathe
mufacturer o
by the an benefit of the Owner and the are to be acgsuired by the Contractor on
behalf of the Owner.
In the Committee's continuing effort to keep the wording of the standard documents clear and consistent,
minor editorial changes have been made,. Chese editorial changes do not change the intent of the document.
June, 1994
TABLE OF CONCORDANT ARTICLES
1982 / 1994 EDITIONS OF CCDC 2
1982 1994 1982 1994
Edition Edition Edition Edition
ARTICLES OF AGREEMENT GC 14.3 GC 5.4 Substantial Performance of
A-] A-1 'rhe Work the Work
New A-2 Agreements and Amendments GC 14.4 GC 5.5 Payment of holdback upon
A-2 A-3 Contract Documents Substantial Performance of
A-3 A-4 Contract Price the Work
A-4 A-5 Payment GC 14.5-.6 GC 5.6 Progressive Release of Holdback
A-6 A-6 Receipt of and Addresses for Notices GC 14.7 GC 5.7 Final Payment
A-7 A-7 Language of the Contract GC 14.9 GC 5.8 Withholding of Payment
A-8 A-8 Succession GC 14.10 GC 5.9 Non-conforming Work
PART 6 CHANGES IN THE WORK
GENERAL CONDITIONS GC 11 GC 6.1 Changes
PART 1 GENERAL PROVISIONS GC 12.2 GC 6.2 Change Order
GC 1 GC 1.1 Contract Documents New GC 6.3 Change Directive
A-7 GC 1.2 Law of the Contract GC 28 GC 6.4 Concealed or Unknown
A-5 GC 1.3 Rights and Remedies Conditions
GC 8 GC 1.4 Assignment GC 4 GC 6.5 Delays
PART 2 ADMINISTRATION OF THE PART 7 DEFAULT NOTICE
CONTRACT GC 5 GC 7.1 Owner's Right to Perform
GC 3 GC 2.1 Authority of the Consultant the Work, Stop the Work,
GC 2.1 & 3 GC 2.2 Role of the Consultant or Terminate the Contract
GC 32 GC 2.3 Review and Inspection of the GC 6 GC 7.2 Contractor's Right to Stop the
I Work Work or Terminate the Contract
GC 33 GC 2.4 Defective Work PART 8 DISPUTE RESOLUTION
PART 3 EXECUTION OF THE GC 7.1-.3 GC 8.1 Authority of the Consultant
WORK New GC 8.2 Negotiation, Mediation, and
GC 25.1 GC 3,1 Control of the Work Arbitration
GC 9 GC 3.2 Construction by Owner or GC 7.4 GC 8.3 Retention of Rights
Other Contractors
GC 25.3-.4 GC 3.3 Temporary Supports, PART 9 PROTECTION OF PERSONS
Structures, and Facilities AND PROPERTY
GC 25.5 GC 3.4 Document Review GC 21 GC 9.1 Protection of Work and Property
GC GC 25.6 GC 3.5 Construction Schedule 22 GC 9.2 Damages and Mutual
Responsibility
GC 25.2 GC 3.6 Construction Safety
GC 26 GC 3.7 Supervisor New GC 9.3 Toxic and Hazardous GC 10 GC 3.8 Subcontractors and Suppliers Substances and Materials
GC 27 GC 3.9 Labour and Products PART 10 GOVERNING
GC 1.8 GC 3.10 Documents at the Site REGULATIONS
GC 34 GC 3.11 Shop Drawings GC 15 GC 10.1 Taxes and Duties
GC 29 GC 3.12 Use of the Work GC 16 GC 10.2 Laws, Notices, Permits,
GC 31 GC 3.13 Cutting and Remedial Work and Fees
GC 30 GC 3.14 Cleanup GC 17 GC 10.3 Patent Fees
PART 4 ALLOWANCES GC 18 GC 10.4 Workers' Compensation
GC 35 GC 4.1 Cash Allowances PART 11 INSURANCE-BONDS
GC 36 GC 42 Contingency Allowance 20 GC 11.1 Insurance
PART 5 PAYMENT GC 23 GC 11.2 Bonds
New GC 5.1 Financing Information PART 12 INDEMNIFICATION-
Required of the Owner WAIVER-WARRANTY
GC 13 GC 52 Applications for Progress GC 19 GC 12.1 Indemnification
Payment GC 14.12-.15 GC 12.2 Waiver of Claims
GC 14.1-.2 GC 5.3 Progress Payment GC 24 GC 12.3 Warranty
t . .
Standard Construction Document-CCDC 2- 1994
AGREEMENT BETWEEN OWNER AND CONTRACTOR
For use when a stipulated price is the basis of payment
July
third -- ------- ----- ----
This Agreement made on the _— —_—_._—_- --- day of
Nineteen Hundred and Ninety- Eight_--in the year __ _by and between
The Corporation of the Municipality of Clarington
hereinafter called the "Owner"
and III
Kraco Carpentry Service - __-__-__-____-___---_---_--------------
hereinafter called the "Contractor"
The Owner and the Contractor agree as fellows:
ARTICLE A-1 THE WORK
The Contractor shall:
1.1 perform the Work required by the Contract Documents for the Addition/Renovations
to the Newcastle Community Hall Tender CL98-13 — _-
insert above the title of the Work
located at 20 King Street West, Village of Newcastle
insert above the Place of the Work
which have been signed by the parties, and for which R.W. Bru nson Inc.
-------------------
----------------
---------------—
-----_--------------- insert above the name of the Consult-9
is acting as and is hereinafter called the "Consultant" and
1.2 do and fulfill everything indicated by this Agreement, and
1.3 commence the Work by the 6th day of July in the year 19 9 8
1
and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial
Performa:,ice of the Work, by the 11th day of September in the year 1998.
I
CCDC'_- 1994 File 00502
r
1
ARTICLE A-2 AGREEMENTS AND AMENDMENTS
2.1 The Contract supersedes all prior negotiations,representations,or agreements,either written or oral,relating
in any manner to the Work,including the bidding documents that are not expressly fisted in Article A-3 of
the Agreement- CONTRACT DOCUMENTS.
2.2 The Contract may be amended only as provided in the Contract Documents.
ARTICLE A-3 CONTRACT DOCUMENTS
3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement - THE WORK:
• Agreement Between Owner and Contractor
• Definitions
• The General Conditions of the Stipulated Price Contract
* Page 22 to 31 (inclusive) of Tender CL98-13
Schedule "D" — Supplementary Conditions to CCDC 2 , 1994
(as attached)
a
* (Insert here, attaching additional pages if required a list identifying all other Contract Documents e_g.
Supplementary Conditions:Specifications,giving a list of contents with section numbers and titles, number of
pages, and date: Drawings, giving draAing number, title, date, revision date or mark.Addenda, giving title,
number, date)
CCDC 2 - 1994 File 00502 2
ARTICLE A-4 CONTRACY PRICE
4.1 The Contract Price. which excludes Value Added Taxes, is:
Forty Three Thousand, Six Hundred and Twenty
dollars
and Zero cents. .-__43-,620 . 00
4.2 Value Added Taxes (of 7 %) payable by the Owner to the Contractor are:
Three Thousand, and Fifty Three
dollars
and Zero cents.
4.3 Total amount payable by the Owner to the Contractor for the construction of
the Work is: .
Forty Six Thousand, Six Hundred and
Seventy Three dollars
and Zero cents. S —46.,-6-7-3-^--0-4- -
4.4 All amounts are in Canadian funds.
4.5 These amounts shall be subject to adjustments as provided in the Contract Documents.
3
CCDC 2- 1994.File 00502
ARTICLE: A-5 PAYMENT
5.1 Subject to the provisions of the Contract Documents, and in accordance; with legislation and statutory
regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply,
subject to a holdback of_ -_ten percent ( _10 _%), the Owner shall in Canadian funds:
I make progress payments to the Contractor on account of the Contract Price when due in the amount
certified by the Consultant together with such Value Added Taxes as may be applicable to such
payment, and
.2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback
amount when due together with such Value Added Taxes as may be applicable to such payment, and
.3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the
Contract Price when due together with such Value Added Taxes as may be applicable to such payment.
5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance
policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 -
INSURANCE.
5.3 Interest
.1 Should either party fail to make payments as they become due under the terms of the Contract or in
an award by arbitration or court, interest at prime percent( 2 %) per annum
above the bank rate on such unpaid amounts shall also become due and payable until payment. Such
interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the
Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the
chartered batiks.
.2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the
amount of any claim settled pursuant to Part 8 of the General Conditions - DISPUTE RESOLUTION
from the date the amount would have been due and payable under the Contract, had it not been in
dispute, until the date it is paid.
r
cctx 2- 1994 rile 00502 4
ARTICLE, A-6 RECEIPT OF AND ADDRESSES FOR NOTICES
6.1 Notices in writing between the parties or between them and the Consultant shall be considered to have been
received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm.
or to an officer of the corporation for whom they are intended by hand or by registered post; or if sent by
regular post, to have been delivered within 5 Wording Dais of the date of mailing when addressed as follows:
The owner at 40 Temperance Street,_ .:•eet and number and postal box number if applicable
Bowmanville, Ontario
— -- post office or dwnct,province,postal code
L1C 3A6
The Contractor at P.O. Box 14,
<:reet and number and postal box number if applicable
Bowmanville, Ontario
post office or district,province,postal code
L1C 3K8
The Consultant at 1260 Terwillegar Ave._, Unit #1
<:-reet and number and postal box number if applicable
Oshawa, Ontario
post office or district,province,postal code
Lli 7A5
ARTICLE A-7 LANGUAGE OF THE CONTRACT
7.1 �#tieXtFii>ftdrX�
IYr .
* Complete this statement by striking out inapplicable terns.
7.2 This Agreement is drawn in English at the request of the parties hereto. La pr6sente convention est rddigde
en anglais A la demande des parties.
ARTICLE A-8 SUCCESSION
8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute
the Contract between the parties,and subject to the law and the provisions of the Contract Documents shall
enure to the benefit of and be binding upon the parties hereto. their respective heirs, legal representatives,
successors, and assigns.
5
CCaC'_ - 1994 Fitt 00502
In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized
representatives.
SIGNED AND DELIVERED
in the presence of:
OWNER
The Corporation of the Municipality of Clarington
------------
no o r
Sig
nat re WITNESS
Diane ]nr , Mayor
namZand e of pe An
Sig re signature
Pa ti Barrie, Clerk
name and title of person signing name and title of person signing
CONTRACTOR
"Kraco" Carpentry Service Ltd.
name of contractor
signature WITNESS
M
W.*-.J. Kraayvang r, resident
name and title of person signing
signature e
sig.! --
�/L1 S f®f� f LvO`� �✓� �-A.-tky�.7 x/14 N G.,tr+'�- �-�,
name and t e of person signing name and title of person signing
N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for.
(a) proof of authority to execute this document, attach such proof of authority in the form of a certified
copy of a resolution naming the representative(s)authorized to sign the Agreement for and on behalf
of the corporation or partnership; or
(b) the affixing of a corporate seal, this Agreement should be properly sealed.
CCDC 2- 1994 File 00502 6
Standard Construction D curncnt-CCDC 2- 1994
OF INITIONS
The following Definitions shall apply to all Contract Documents.
1. Contract
The Contract is the undertaking by the panics to pe^r�rm their respective duties, responsibilities, and
obligations as prescribed in the Contract Documents and represents the entire agreement between the parties.
2. Contract Documents
The Contract Documents consist of those documents listed in Article A-3 of the Agreement - CONTRACT
DOCUMENTS and amendments agreed upon between the parties.
3. Owner
The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner
or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not
include the Consultant.
4. Contractor
The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the
Contractor or the Contractor's authorized representative as designated to the Owner in writing.
5. Subcontractor
A Subcontractor is a person or entity having a direct contract with the Contractor to perform a Part or Parrs
of the Work, or to supply Products worked to a special design for the Work.
6. Supplier
A Supplier is a person or entity having a direct contract with the Contractor to supply Products not worked
to a special design for the Work.
7. Consultant . -
The Consultant is the person or entity identified as such in file Agreement. The Consultant is the Architect,
the Engineer, or entity licensed to practice in the provin.:e or territory of the Place of the Work. The term
Consultant means the Consultant or the Consultant's authorized representative.
8. Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
9. Work
The Work means the total construction and related serxices required by the Contract Documents.
10. Place of the Work
The Place of the Work is the designated site or location of the Work identified in Article A-I of the Agreement
- THE WORK.
11. Product
Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not
include machinery and equipment used to prepare,fabricate,convey,or erect the Work,which are referred to
as construction machinery and equipment.
a
12. Provide
Provide means to supply and install.
7
CCDC 2 - 1994 He 00602
13. Contract Price
The Contract Price is the amount stipulated in Article A-4 of the Agreement CONTRACT PRICE.
14. Contract Time
The Contract Time is the time stipulated in paragraph 13 of Article A-1 of the Agreement-THE WORK from
commencement of the Work to Substantial Performance of the Work.
15. Working Day
Working Day means a day other than a Saturday,Sunday,or a holiday which is observed by the construction
industry in the area of the Place of the Work.
16. Supplemental Instruction
A Supplemental Instruction is an instruction,not involving adjustment in the Contract Price or Contract Time,
in the form of specifications,drawings,schedules,samples,models or written instructions,consistent with the
intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents
as required for the performance of the Work.
17. Change Order
A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner
and the Contractor stating their agreement upon:
- a change in the Work;
- the method of adjustment or the amount of the adjustment in the Contract Price, if any; and
- the extent of the adjustment in the Contract Time, if any.
18. Change Directive
A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a
change in the Work within the general scope of the Contract Documents.
19. Substantial Performance 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
shall have been reached when the Work is ready for use or is being used for the purpose intended and is so
certified by the Consultant.
20. Value Added Taxes
Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any
Provincial Government and is computed as a percentage of the Contract Price and includes the Goods and
Services Tax, the Quebec Sales Tax and any similar tax, the payment or collection of which is by the
legislation imposing such tax an obligation of the Contractor.
8
CCDC 2 - 1994 File 0,602
Standard Construction Document-CCDC 2 - 199.1
GENERAL CONDITION'S OF 7IIE STIPULATED PRICE: CONTRACT
PART 1 GENERAL PROVISIONS
GC 1.1 CONTRACT DOCUMENTS
1.1,1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the
performance of the Work by the Contractor in accordance with these documents. It is not intended,
however,that the Contractor shall supply products or perform work not consistent with, not covered by,or
not properly inferable from the Contract Documents-
1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between:
.l the Owner and a Subcontractor,a Supplier.or their agent,employee, or other person performing any
of the Work.
.2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other
person performing any of the Work.
1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if
required by all.
Ll.-: Words and abbreviations which have well kno�kn technical or trade meanings are used in the Contract
Documents in accordance with such recognized meanings.
1.1.E References in the Contract Documents to the singular shall be considered to include the plural as the context
requires.
1.1.6 The specifications are that portion of the Contract Documents, wherever located and whenever issued,
consisting of the v.fitten requirements and standards for Products, systems, workmanship, and the services
necessary for the performance of the ]fork.
1.1.7 The drawings are the graphic and pictorial portions of the Contract Documents, wherever located and
whenever issued, showing the design. location. and dimensions of the Work, generally including plans,
elevations, sections,details, schedules, and diagrams.
I.l.S Neither the organization of the specifications into divisions. sections, and parts nor the arrangement of
drawings shall control the Contractor in dividing_ the work among Subcontractors and Suppliers or in
establishing the extent of the work to be performed by a trade-
1-1-,) If there is a conflict within Contract Documents:
.l the order of priority of documents, from highest to lowest, shall be
• the Agreement between the Owner and the Contractor.
• the Definitions,
• Supplementary Conditions,
• the General Conditions. !
• Division 1 of the specifications,
• Divisions 2 through 16 of the specifications,
• material and finishing.schedules.
• drawings.
9
CCL'C 2 - 1994 File 00712
.2 drawings of larger scale shall govern over those of smaller scale of the same date.
.3 dimensions shown on drawings shall govern over dimensions scaled from drawings.
.4 later dated documents shall govern over earlier documents of the same type.
1.1.10 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to
perform the Work.
1.1.1 1 Specifications,drawings, models, and copies thereof furnished by the Consultant are and shall remain the
Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to
the Contract. All specifications,drawings,and models furnished by the Consultant are to be used only with
respect to the Work and are not to be used on other work. These specifications,drawings,and models are
not to be copied or altered in any manner without the written authorization of the Consultant.
1.1.12 Models furnished by the Contractor at the Owner's expense are the property of the Owner.
GC 1.2 LAW OF THE CONTRACT
1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract.
GC 1.3 RIGHTS AND REMEDIES
1.3.1 Except as expressly provided in the Contract Documents,the duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights, and remedies otherwise imposed or available by law.
1.3.2 No action or failure to act by the Owner, Consultant, or Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in anv breach thereunder, except as may be specifically agreed in writing.
GC 1.4 ASSIGNMENT
1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of
the other, which consent shall not be unreasonably withheld.
PART 2 ADMINISTRATION OF THE CONTRACT
GC 2.1 AUTHORITY OF THE CONSULTANT
2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract
Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2.
2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract
Documents shall be modified or extended only with the written consent of the Owner,the Contractor,and
t the Consultant.
2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a
Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract
Documents shall be that of the former Consultant.
CCDC 2- 1994 Fik 00712 10
GC 2.2 ROLE OF TILE CONSULTANT
2.2.1 The Ceuuultant will provide administration of the C.nntra�t as D
described in the Contract (c+tntenis during
construction until issuance of the final certificate for paymentand c bj>t to until the AUTHORITY c f any
THE CONSULTANT and with the Owner's concurrence, from
correction of defects as provided in paragraph 12.3.3 of GC 12.3 - WARRANTY.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to
become familiar with the progress and quality of the work and to determine if the Work is proceeding in
general conformity with the Contract Documents.
2.2.3 If the O«ner and the Consultant agree,the Consi+lranr will provide at the Place of the Work,one or more
project representatives to assist in carrying out the Consultant's responsibilities. The duties,responsibilities.
and limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
2.2.4 Based on the Consultant's observations owing n heaCont actor under the Contractsand will issueacertificat s
Consultant will determine the
for payment as provided in Article A-5 of the Agreement-PAYMENT.GC 5.3-PROGRESS PAYMENT.
and GC 5.7 - FINAL PAYMENT.
will not 22,5 The Consultant will not be ressequences,ofor paocedures,ortforosafety precaut ions and programs required in
means, methods,techniques,
connection with the Work in accordance with the applicable construction safety legislation,other regulations.
or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry
out the Work in accordance with the Contract Documents. The Consultant will not have control over,
charge of,or be responsible for the acts or omissions of the Contractor.Subcontractors,Suppliers,or their
agents, employees, or any other persons performing portions of the IVork.
2,2,6 The Consultant will be, in the first instance,the interpreter of the requirements l' es to of the Contract Documents
wi h
and shall make findings as to the performance thereunder by p
respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER. Interpretations and When
findings of the Consultant shall be consistent with the intent of the Contra
partiality tto either the O per oak
he
such interpretations and findings the Consultant will not show
Contractor.
2.2.7 Claims,disputes,and other matters in question relating to the performance of the Work or the interpretation
of the Contract Documents, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE
OWNER,shall be referred initially to the Consultant by notice in writing given to the Consultant and to the
n and finding which will be given by notice in writing to the
other party for the Consultant's interpretatio
parties Nvithin a reasonable time.
2.2.8 The Consultant will have authority to reject stork which in the Consultant's opinion does not or conform to
the requirements of the Contract Documents. Whenever the Consultant considers it necessary
the Consultant will have authority to require inspection or testing of work, whether or not such ss'ork is
fabricated.installed,or completed. However,neither the authority of the Consultant to act nor any decision
either t exercise or not ct exercise Subcontractors. Suppliers, or their agents, employees, or oherypersons
Consultant to the Contractor,
performing any of the Work.
2.2.9 During the progress of the Work the Consultant will furnish schedulepfor such instructions
nt agreed to by the
t with reasonable promptness or in accordance with
Consultant and the Contractor.
n such Contractor's submittals as shop drawings,
2,2.10 The Consultant will review and take appropriate action upo
Product data,and samples, as provided in the Contract Documents.
11
CCt)C 2 - 1994 File 00712
2.2.1 1 'me Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE
ORDER and GC 6.3 - CHANGE DIRECTIVE.
2.2.12 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the
Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK.
2.2.13 All certificates issued by the Consultant shall be to the best of the Consultant's knowledge,information,and
belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete.
2.2.14 The Consultant will receive and review written warranties and related documents required by the Contract
and provided by the Contractor and will forward such warranties and documents to the Owner for the
Owner's acceptance.
GC 2.3 REVIEW AND INSPECTION OF THE WORK
2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide
sufficient, safe, and proper facilities at all times for the review of the Work by the Consultant and the
inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other
than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it
is in progress.
2.3.2 If work is designated for tests,inspections,or approvals in the Contract Documents,or by the Consultant's
instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant
reasonable notice of when the work will be ready for review and inspection. The Contractor shall arrange
for and shall give the Consultant reasonable notice of the date and time of inspections by other authorities.
2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports
relating to the Work.
2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests,
inspections,or approvals before such special tests, inspections,or approvals are made,given or completed,
the Contractor shall,if so directed,uncover such work,have the inspections or tests satisfactorily completed,
and make good covering work at the Contractor's expense.
2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work
is in accordance with the requirements of the Contract Documents. If the work is not in accordance with
the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of
examination and correction. If the work is in accordance with the requirements of the Contract Documents,
the Owner shall pay the cost of examination and restoration.
GC 2.4 DEFECTIVE WORK
2.4.1 The Contractor shall promptly remove from the Place of the Work and replace or re-execute defective work
that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not
the defective work has been incorporated in the Work and whether or not the defect is the result of poor
workmanship, use of defective products, or damage through carelessness or other act or omission of the
Contractor.
2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such removals 1
or replacements at the Contractor's expense.
2.4.3 If in the opinion of the Consultant it is not-expedient to correct defective work or work not performed as
provided in the Contract Documents, the Owner may deduct from the amount otheiwise due to the
Contractor the difference in value between the work as performed and that called for by the Contract
12
CCDC 2 - 1994 File M712
Documents. if the Owner and the Contractor do not a-rcc on the difference in value, they shall refer the
matter to the Consultant for a determination.
PART 3 EXECUTION OF THE WORK
GC 3.1 CONTROL OF THE WORK
3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so
as to ensure conformity with the Contract Documents.
3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and
procedures and for co-ordinating the various pans of the Work under the Contract.
GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS
3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to
other contractors and to perform work with own forces.
3,2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the
Owner's own forces,the Owner shall:
.1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces
with the Work of the Contract;
.2 assume overall responsibility for compliance with the applicable health and construction safety
legislation at the Place of the Work-.
3 enter into separate contracts with other contractors under conditions of contract which are compatible
with the conditions of the Contract.
.4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 -
INSURANCE and co-ordinate such insurance with the insurance coverage of the Contractor as it
affects the Work, and
5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from
the work of other contractors or the Owner's own forces.
3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the
Owner's own forces,the Contractor shall:
l afford the Owner and other contractors reasonable opportunity to introduce and store their products and
use their construction machinery and equipment to execute their work:
.2 co-ordinate and schedule the Work with the work of other contractors and Owner's own forces and
connect as specified or shown in the Contract Documents;
.3 participate with other contractors and the Owner in reviewing their construction schedules when directed
to do so; and
.4 where part of the Work is affected by or depends upon for its proper execution the work of other
contractors or Owner's own forces.promptly report to the Consul tari:in writing and prior to proceeding
with that part of the Work, any apparent deficiencies in such work, Failure by the Contractor to so
13
CCtx 2- I;K94 File 00712
report shall invalidate any claims against the Owner by reason of the deficiencies in the work of other
contractors or Owner's own forces except those deficiencies not then reasonably discoverable.
3.2.4 Where a change in the Work is required as a result of the co-ordination and connection of the work of other
contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided
in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6-3 - CHANGE DIRECTIVE.
3.2.5 Claims,disputes,and other matters in question between the Contractor and other contractors shall be dealt
with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other
contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration
of any dispute with any other contractor whose contract with the Owner contains a similar agreement to
arbitrate.
GC 3.3 TEMPORARY SUPPORTS, STRUCTURES, AND FACILITIES
3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and
removal of temporary supports, structures, and facilities and the design and execution of construction
methods required in their use.
3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the
appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or
by the Contract Documents and in all cases where such temporary supports, structures, and facilities and
their method of construction are of such a nature that professional engineering skill is required to produce
safe and satisfactory results.
3.3.3 Notwithstanding die provisions of%C 3.i - CONTROL OF THE WORK, paragraph 3.3.i. and paragraph
3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents
include designs for temporary supports, structures, and facilities or specify a method of construction in
whole or in'part,such facilities and methods shall be considered to be part of the design of the Work and
the Contractor shall not be held responsible for that part of the design or the specified method of
construction:- The Contractor shall.however,be responsible for the execution of such design or specified
method of construction in the same manner as for the execution of the Work.
GC 3.4 DOCUMENT REVIEW
3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error,
inconsistency,or omission the Contractor may discover. Such review by the Contractor shall be to the best
of the Contractor's knowledge.information,and belief and in making such review the Contractor does not
assume any responsibility to the Owner or the Consultant for the accuracy of the reviexv. The Contractor
shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the
Contract Documents. which the Contractor did not discover. If the Contractor does discover any error,
inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work
affected until the Contractor has received corrected or missing information from the Consultant.
GC 3.5 CONSTRUCTION SCHEDULE
3.5.1 The Contractor shall:
! prepare and submit to the Owner and the Consultant prior to the first application for payment, a
construction schedule that indicates the timing of the major activities of the 1Vork and provides
sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be
performed in conformity with the Contract Time;
14
CCDC 2- 1994 Fite 00712
.2 monitor the progress of the Work relative to the construction schedule and update the schedule on a
monthly basis or as stipulated by the Contract DOCUmen1s" and
3 advise the Consultant of any revisions required to the schedule as the result of extensions of the
Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK.
GC 3.6 CONSTRUCTION SAFETY
3.6.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS,
the Contractor shall be solely responsible for construction safety at the Place of the Work and for
compliance with the rules, regulations, and practices required by the applicable construction health and
safety legislation and shall be responsible for initiating, maintaining, and supervising all safety precautions
and programs in connection with the performance of the Work.
GC 3.7 SUPERVISOR
3.7.1 The Contractor shall employ a competent supervisor and necessary assistants ,ti-ho shall be in attendance
at the Place of the Work while work is being performed. The supervisor shall not be changed except for
valid reason.
3.7.2 The supervisor shall represent the Contractor at the Place of the Work and notices and instructions given
to the supervisor by the Consultant shall be held to have been received by the Contractor.
GC 3.8 SUBCONTRACTORS AND SUPPLIERS
3.8.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work
to be performed under subcontract, and shall:
.1 enter"into contracts or written agreements with Subcontractors and Suppliers to require them to perform
their work as provided in the Contract Documents;
.2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements
with Subcontractors and Suppliers; and
.3 be as fully responsible to the Owner for acts and omissions of Subcontractors,Suppliers,and of persons
directly or indirectly employed by them as for acts and omissions of persons directly employed by the
Contractor.
3.8.2 The Contractor shall indicate in writing, at the request of the Owner, those Subcontractors or Suppliers
whose bids have been received by the Contractor which the Contractor would be prepared to accept for the
performance of a portion of the Work. Should the Owner not object before signing the Contract, the
Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for
the performance of that portion of the Work to which their bid applies.
3.8.3 The Owner may,for reasonable cause,at any time before the owner has signed the Contract,object to the
use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other
subcontract bidders-
3.8.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier,the Contract Price
and Contract Tinre shall be adjusted by the differences occasioned by such required change.
3.8.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to whom
the Contractor may reasonably object.
15
CCDC 2- 1994 File 00712
3.8.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the
percentage of the Subcontractor's or Supplier's work v-,bich has been certified for payment.
GC 3.9 LABOUR AND PRODUCTS
3.9.1 The Contractor shall provide and pay for labour. Products. tools, construction machinery and equipment,
water, heat, light, power, transportation,and other facilities and services necessary for the performance of
the Work in accordance with the Contract.
3.9.2 Products provided shall be new. Products which are not specified shall be of a quality consistent with those
specified and their use acceptable to the Consultant.
3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the
Work and shall not employ on the Work anyone not skilled in the tasks assigned.
GC 3.10 DOCUMENTS AT THE SITE
3.10.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of
meetings at the Place of the Work, in good order and available to the Owner and the Consultant.
GC 3.11 SHOP DRAWINGS
3.11.1 Shop drawings are drawings,diagrams,illustrations.schedules,performance charts,brochures,Product,and
other data which the Contractor provides to illustrate details of a portion of the Work.
3.11.2 The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant
may reasonably request.
3.11.3 The Contractor shall review all shop drawings poor to submission to the Consultant. The Contractor
represents by this review that. the Contractor has determined and verified all field measurements and field
construction conditions,or will do so: Product requirements: catalogue numbers; and similar data and that
the Contractor has checked and co-ordinated each shop drawing with the requirements of the Work and of
the Contract Documents. The Contractor shall confirm &,is review of each shop drawing by stamp, date,
and signature of the person responsible. At the time of submission the Contractor shali notify the
Consultant in writing of any deviations in the shop drawings from the requirements of the Contract
Documents.
3.11.4 The Contractor shall submit shop drawings to the Consulrcrr to review in orderly sequence and sufficiently
in advance so as to cause no delay in the Work or in the work of other contractors. Upon request of the
Contractor or the Consultant, they jointly shall prepare a schedule of the dates for submission and return
of shop drawings. Shop drawings which require approval of any legally constituted authority having
jurisdiction shall be submitted to such authority by the Contractor for approval.
3.11.5 The Contractor shall submit shop drawings in the form sftcified or as the Consultant may direct. The
Consultant will review and return shop drawings in accordance with the schedule agreed upon,or otherwise
with reasonable promptness so as to cause no delay. The Consultant's review is for conformity to the
design concept and for general arrangement only. The Cor_:ulrant's review shall not relieve the Contractor
of responsibility for errors or omissions in the shop drawings or for meeting all requirements of the Contract
Documents unless the Consultant expressly notes the acceptance of a deviation on the shop drawings.
4
3.11.6 Upon the Consultant's request.the Contractor shall revise and resubmit shop irawings which the Consultant
rejects as inconsistent with the Contract Documents unless otherwise directed by the Consultant. The
CCDC 2- 199.3 File 00712 16
ltant in writing of any revisions to the resubmission other than those
Contractor shall notify the Consu
requested by the Consultant.
GC 3.12 USE OF THE WORK
3.12.1 The Contractor shall confine construction machinery and equipment, storage of Products, and operations
of emplovees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not
unreasonably encumber the Work with Products.
3.12.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will
endanger the safety of the Work.
GC 3.13 CUTTING AND REMEDIAL WORK
3.13.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come
together properly.
3.13.2 The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum.
3.13.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill
timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial
work shall be valued as provided in GC 6.1 - CHANGES. GC 6.2 - CHANGE ORDER, and GC 6.3
CHANGE DIRECTIVE.
3.13.4 Cutting and remedial work shall be performed by speciaii-rL tarniliar with file products affected and shall
ither damage nor endanger the Work.
be performed in a manner to ne
GC 3.14 CLEANUP
3.14.1 The Contractor shalothernthan that causedlby that
Owner. o and
rher contractors or their accumulation of waste
employees
product` and debris,
3.14.2 The Contractor shall remove waste products and debris. odder than that resulting from the work of the
Owner,other contractors or their employees,and shall lease the Work clean and suitable for occupancy by
the Ovti-ner before attainment of Substantial Performance of the Work. The Contractor shall remove
products, tools,construction machinery. and equipment not required for the performance of the remaining
work.
3.14.3 Prior to application for the final certificate for payment- the Contractor shall remove products, tools,
construction machinery and equipment. and waste products and debris, other than that resulting from the
work of the Owner. other contractors or their employees.
PART 4 ALLOWANCES
GC 4.1 CASH ALLOWANCES
4.1.1 The Contract Price includes cash allowances stated in the Contract Documents,which allowances shall be
expended as the Owner directs through the Consultant.
and
4.1.2 Cash allowances cover the net cost to the Contractor lrand otheruauthorized expensesc recurred in
equipment, freight, unloading. handling. storage, installation,
17
CCDC 2- 1994 rile 00712
1.
performing the work stipulated under the cash allowances but do not include any Value Added Taxes payable
by the Owner to the Contractor.
4.1.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in
connection with such cash allowances.
4.1.4 Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be
compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out
in the Contract Documents.
4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the actual cost
and each cash allowance.
4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments.
4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and
Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of
the Work.
GC 4.2 CONTINGENCY ALLOWANCE
4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents.
4.2.2 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 -
CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE.
4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the
expenditures authorized under paragraph 4.2.2 and the contingency allowance.
PART 5 PAYMENT
GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER
5.1.1 The Owner shall. at the request of the Contractor, prior to execution of the Agreement, and/or promptly
from time to time thereafter,furnish to the Contractor reasonable evidence that financial arrangements have
been made to fulfill the Owner's obligations under the Contract.
5.1.2 The Owner shall notify the Contractor in writing of any material change in the Owner's financial
arrangements during the performance of the Contract.
GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT
5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement - PAYMENT may be
made monthly as the Work progresses.
5.2.2 Applications for payment shall be dated the last day of the agreed monthly payment pe:lod and the amount
claimed shall be for the value,proportionate to the amount of the Contract,of work performed and Products
delivered to the Place of the Work at that date.
5.2.3 The Contractor shall submit to the Consultant, at least 14 dayst6efore the first application for payment, a
schedule of values for the parts of the Work,aggregating the total amount of the Contract Price, so as to
facilitate evaluation of applications for payment.
CCDC 2- 1994 Fite 00712 18
5.2.4 The schedule of values shall be made out in such form and supported by such evidence as the Consultant
may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for
payment, unless it is found to be in error.
5.2.5 The Contractor shall include a statement based on the schedule of values with each application for payment.
5.2.6 Claims for Products delivered to the Place of the Work but not yet incorporated into the Work shall be
supported by such evidence as the Consultant may reasonably require to establish the value and delivery
of the Products.
GC 53 PROGRESS PAYMENT
5.3.1 The Consultant will issue to the Owner,no later than 10 days after the receipt of an application for payment
from the Contractor submitted in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS
PAYMENT, a certificate for payment in the amount applied for or in such other amount as the Consultant
determines to be properly due. If the Consultant amends the application,the Consultant will promptly notify
the Contractor in writing giving reasons for the amendment.
5.3.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement-
PAYMENT no later than 5 days after the date of a certificate for payment issued by the Consultant.
GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK
5.4.1 When the, Contractor considers that the Work is substantially performed, or if permitted by the lien
legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to
accept separately is substantially performed, the Contractor shall prepare and submit to the Consultant a
comprehensive list of items to be completed or corrected and apply for a review by the Consultant to
establish Substantial Performance of the Work or substantial performance of the designated portion of the
Work. Failure to include an item on the list does not alter the responsibility of the Cortractor to complete
the Contract.
5.4.2 No later than 10 days after the receipt of the Contractor's list and application, the Consultant will review
the Work to verify the validity of the aQplication,and no later than 7 days after completing the review,will
notify the Contractor whether the Work or the designated portion of the Work is substantially performed.
5.4.3 The Consultant shall state the date of Substantial Performance of the Work or designated portion of the
Work in a certificate.
5.4.4 Immediately following the issuance of the certificate of Substantial Performance of the Work, the
Contractor, in consultation with the Consultant, will establish a reasonable date for finishing the Work.
GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK
5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall:
1 submit an application for payment of the holdback amount,
.2 submit a sworn statement that all accounts for labour,subcontracts, Products,conduction machinery s
and equipment, and other indebtedness which may have been incurred by the Contractor in the
Substantial Performance of the Work and for which the Owner might in any way,be held responsible
have been paid in full, except for amounts properly retained as a holdback or as at,,identified amount
in dispute.
19
CCDC 2- 1994 File 00712
5.5.2 After the receipt of an application for payment from the Contractor and the sworn statement as provided
in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount.
5.5.3 Where the holdback amount has not been placed in a separate holdback account,the Owner shall, 10 days
prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the
Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor.
5.5.4 The holdback amount authorized by the certificate for payment of the holdback amount is due and payable
on the day following the expiration of the holdback period stipulated in the lien legislation applicable to the
Place of the Work. Where lien legislation does not exist or apple. the holdback amount shall be due and
payable in accordance with other legislation, industry practice. or provisions which may be agreed to
between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy
any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work,other
third party monetary claims against the Contractor which are enforceable against the Owner.
GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK
5.6.1 Where legislation permits and where,upon application by the Contractor,the Consultant has certified that
the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work,
the Owner shall pay the Contractor the holdback amount retained for such subcontract work,or the Products
supplied by such Supplier, on the day following the expiration of the holdback period for such work
stipulated in the lien legislation applicable to the Place of the Work.
5.6.2 Notwithstanding the provisions of the preceding paragraph. and notwithstanding the wording of such
certificates, the Contractor shall ensure that such subcontract work or Products is protected pending the
issuance of a final certificate for payment and be responsible for the correction of defects or work not
performed regardless of whether or not such was apparent when such certificates were issued.
GC 5.7 FINAL PAYMENT
5.7.1 �tihen the Contractor considers that the Work is completed, the Contractor shall submit an application for
final payment.
5.7.2 The Consultant will, no later than 10 days after the receipt of an application from the Contractor for final
payment,review the Work to verify the validity of the application. The Consultant will,no later than 7 days
after reviewing the Work, notify the Contractor that the application is valid or give reasons why it is not
valid.
5.7.3 N%"hen the Consultant finds the Contractor's application for final payment valid, the Consultant will issue
a final certificate for payment.
5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien
legislation applicable to the Place of the Work, the Owner shall, no later than 5 days after the issuance of
a final certificate for payment, pay the Contractor as provided in Article A-5 of the Agreement -
PAYMENT.
GC 5.8 WITHHOLDING OF PAYMENT
5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor,there are items
of work that cannot be performed,payment in full for that portion of the Work which has been performed
as certified by the Consultant she,ll not be withheld or delayed by the Owner on account thereof, but the
Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the
Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work.
CCD 2- 1994 File 00712 20
GC 5.9 NON-CONFORMING WORK
59.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the
Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance
with the requirements of the Contract Documents_
PART 6 CHANGES IN THE WORK
GC 6.1 CHANGES
6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make changes in the Work
consisting of additions, deletions, or other revisions to the Work by Change Order or Change Directive.
6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive.
GC 6.2 CHANGE ORDER
6.2.1 When a change in the Work is proposed or required, the Consultant shall provide a notice describing the
proposed change in the Work to the Contractor. The Contractor shall present, in a form acceptable to the
Consultant, a method of adjustment or an amount of adjustment for Lie Contract Price, if any, and the
adjustment in the Contract Time, if any, for the proposed change in the Work.
6.2.2 When the Owner and the Contractor agree to the adjustments in the Contract Price and Contract Time or
to the method to be used to determine the adjustments, such agreement shall be effective immediately and
shall be recorded in a Change Order,signed by Owner and Contractor. The value of the work performed
as the result of a Change Order shall be included in applications for progress payment.
GC 6.3 CHANGE DIRECTIVE
6.3.1 If the Owner requires the Contractor to proceed xvith a change in the Work prior to the Owner and the
Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Owner, through the
Consultant, shall issue a Change Directive.
6.3.2 Upon receipt of a Change Directive, the Contractor shall pto,:eed promptly with the change in the Work.
The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be
determined on the basis of the cost of expenditures and savings to perform the work attributable to the
change. If a change in the Work results in a net increase in the Contract Price,an allowance for overhead
and profit shall be included.
6.3.3 If a change in the Work results in a net decrease in the Contract Price, the amount of the credit shall be the
net cost,without deduction for overhead or profit. When both additions and deletions covering related work
or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be
calculated on the basis of the net increase, if any, with respect to that change in the Work.
6.3.4 The Contractor shall keep and present,in such form as the Consultant may require,an itemized accounting
of the cost of expend tures and savings referred to in paragraph 63.2 together with supporting data. The
1 cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all
of the following:
1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective
bargaining agreements,or under a salary or wage schedule agreed upon by the Owner and Contractor,
21
CCDC 2 - 1994 File(X1712
.2 salaries, wages,and benefits of the Contractor's office personnel engaged in a technical capacity and
other personnel at shops or on the road, ongaged in expediting the production or transportation of
materials or equipment;
.3 contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial
health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is
based on wages,salaries,or other remuneration paid to employees of the Contractor and included in
the cost of the work as provided in paragraphs 6.3.4.1 and 6.3.4.2;
.4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and
6.3.4.2;
.5 the cost of all Products including cost of transportation thereof;
.6 the cost of materials,supplies,equipment,temporary services and facilities,and hand tools not owned
by the workers,including transportation and maintenance thereof, which are consumed; and cost less
salvage value on such items used but not consumed, which remain the property of the Contractor;
.7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or
provided by the Contractor or others, including installation, minor repairs and replacements,
dismantling, removal, transportation and delivery cost thereof-,
.8 deposits lost;
.9 the amounts of all subcontracts;
.10 the cost of quality assurance such as independent inspection and testing services;
.11 charges levied by authorities having jurisdiction at the Place of the Work;
.12 royalties, patent license fees, and damages for infringement of patents and cost of defending suits
therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph
10.3.1 of GC 10.3 - PATENT FEES;
.13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the
Contract Documents, to purchase and maintain;
.14 any adjustment in taxes and duties for which the Contractor is liable;
.15 charges for long distance telephone and facsimile communications, courier services, expressage, and
petty cash items incurred;
.16 the cost of removal and disposal of waste products and debris;
.17 cost incurred due to emergencies affecting the safety of persons or property;
6.3.5 Pending determination of the final amount of a Change Directive, the undisputed value of the work
performed as the result of a Change Directive is eligible to be included in progress payments.
6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Time,or the method
of determining it, the adjustment shall be referred to the Consultant for determination.
6.3.7 If at any time after the start of the work directed by a Change Directive, the Owner and the Contractor
reach agreement on the adjustment to the Contract Price and to the Con Bract Time,this agreement shall be
recorded in a Change Order signed by Owner and Contractor.
CCDC 2- 1994 File 00712 22
GC 6.4 CONCEALED OR UNKNOWN CONDITIONS
6.4.1 if the Owner or the Contractor discover conditions at the Place of the Work which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the
Work which differ materially from those indicated in the Contract Documents; or
.2 physical conditions of a nature which differ materially provided for n theexist a cdt
generally recognized as Inherent in construction activities of the character
Documents;
then the observing party shall notify the other party in writing before conditions are disturbed and in no
event later than 5 Working Days after first observance of the conditions. the
6.4.2 The Consultant will promptly investigate such lincrease o decrease in the Contractor's gosttor time
conditions differ materially and this would c royal,shall issue appropriate instructions for a
to perform the Work,the Consultant,with the Owner's app
change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. no
6.4.3 If the Consultant finds that the Contract Time is justified,the Consultant shall materially
report the reasons the Work are not
the for
change in the Contract Price or the
this finding to the Owner and the Contractor in writing.
GC 6.5 DELAYS
6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission trovishon�of the directly,contrary
Consultant,or anyone employed oonrtengaged by them
be ire nded in such reason ble time as the Consultant
_
Contract Documents. then the C
may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the tivner
for reasonable costs incurred by the Contractor as the result of such delay.
6,5.2 If the Contractor is delayed in the perforntao a°f W stop
thedresultrof,andact or fault°oftthe
public authority and providing that such
Contractor or any person employed or engaged by the Contractor directly or indirectly,then the Contract
with the
Time shall be extended for such reasonable time as
Consultant may
recommend
et costs incurred by the
Contractor. The Contractor shall be r eimbursed
Contractor as the result of such delay. e of the Work
6.5.3 If the Contractor is delayed in the perform members by a recognized labour
n zed otntracto association,of(including
which he
lock-outs decreed or recommended for its Y common
Contractor is a member or to which the Contractor is otherwise bound), funbyual cause beyond the
carriers or unavoidable casualties, or without limit to any
Contractor's control, then the Contract Time I Contractor. The ex for such
of time reasonable
hallnot be less than the time
may recommend in consultation with the C
extension. The
lost as the result of the event causing the delay,
f°l(costs incurred Contractor
delays such delays result from
Contractor shall not be entitled to payment
actions by the Owner.
6.5.4 No extension shall be made for delay unless notice in writ gd°Inc howevt that n the case of a continuing
than 10 Working Days after the commencement of delay,providing r
cause of delay only one notice of claim shall be necessary.
h 2.2.9 of GC 2.2- ROLE OF THE CONSULTANT, no claim for
6.5.5 If no schedule is made under parag ra p
delay shall be allowed because of s been made and Cons4lant to
thenuunielsslthenclaim is reasonable.rking ays
after demand for such instructions has
23
CCDC 2- 1994 File 00712
PART 7 DEFAULT NOTICE
GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE
CONTRACT
7.1.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors
because of the Contractor's insolvency,or if a receiver is appointed because of the Contractor's insolvency.
the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the
Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.
7.1.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the
requirements of the Contract to a substantial degree and if the Consultant has given a written statement to
the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without
prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the
Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct
the default in the 5 Working Days immediately following the receipt of such notice.
7.1.3 If the default cannot be corrected in the 5 Working Days specified, the Contractor shall be in compliance
with the Owner's instructions if the Contractor:
.1 commences the correction of the default within the specified time, and
.2 provides the Owner with an acceptable schedule for such correction, and
.3 corrects the default in accordance with such schedule.
7.1.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, without
prejudice to any other right or remedy the Owner may have, the Owner may:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor
provided the Consultant has certified such cost to the Owner and the Contractor, or
.2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the
Contract.
7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1
and 7.1.4, the Owner shall be entitled to:
1 take possession of the Work and Products; utilize the construction machinery and equipment; subject
to the rights of third parties,finish the Work by whatever method the Owner may consider expedient,
but without undue delay or expense; and
.2 withhold further payment to the Contractor until a final certificate for payment is issued; and
.3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the
Consultant, including compensation to the Consultant for the Consultant's additional services and a
reasonable allowance as determined by the Consultant to cover the cost of corrections to work
performed by the Contractor that may be required under GC 12.3 -WARRANTY,exceeds the unpaid
t balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid
balance of the Contract Price, the Owner shall pay the Contractor the difference; and
.4 on expiry of the warranty period,charge the Contractor the amount by which the cost of corrections
to the Contractor's work under GC 12.3 - WARRANT i.exceeds the allowance provided for such
corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the
difference.
CCDC 2 - 1994 File 0(1712 24
7.1.6 The Contractor's obligation under the Contract as to quality, correction, and warranty of the work
performed by the Contractor up to the time of termination shall continue in force after such termination.
GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT
7.2.1 If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors
because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the
Contractor may, without prejudice to any other fight or remedy the Contractor may have, by giving the
Owner or receiver or trustee in bankruptcy notice in writing, terminate the Contract.
7.2.2 If the Work should be stopped or otherwise delayed for a period of 30 days or more under an order of a
court or other public authority and providing that such order was not issued as the result of an act or fault
of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor,the Contractor
may, without prejudice to any other right or remedy the Contractor may have,by giving the Owner notice
in writing, terminate the Contract.
7.2.3 The Contractor may notify the Owner in writing,with a copy to the Consultant,that the Owner is in default
of the Owner's contractual obligations if-
1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial
arrangements have been made to fulfill the Owner's obligations under the Contract, or
.2 the Consultant fails to issue a certificate as provided in GC 5.3 PROGRESS PAYMENT, or
.3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded
by arbitration or court, or
.4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant,except
for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written
statement to the Contractor that sufficient cause exists.
7.2.4 The Contractor's notice in writing to the Owner provided under paragraph 7.2.3 shall advise that if the
default is not corrected within 5 Working Days following the receipt of the notice in writing,the Contractor
may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate
the Contract.
7.2.5 if the Contractor terminates the Contract under the conditions set out above.the Contractor shall be entitled
to be paid for all work performed including reasonable profit, for loss sustained upon Products and
construction machinery and equipment, and such other damages as the Contractor may have sustained as
a result of the termination of the Contract.
PART 8 DISPUTE RESOLUTION
GC 8.1 AUTHORITY OF THE CONSULTANT
8.1.1 Differences between the parties to the Contract as to the interpretation,application or administration of the
Contract or any failure to agree where agreement between the parties is called for,herein collectively called
t disputes,which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2-
ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the
General Conditions - DISPUTE RESOLUTION.
8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under
the Contract to stake a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of
25
CCDC 2- 1994 File 00712
GC 8.2 - NEGOTIATION, MEDIATION, AND ARBITRATION, and in GC 8.3 - RETENTION OF
RIGHTS apply to that dispute with the necessary changes to detail as may be required.
8.1.3 If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's
opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of
the dispute. The parties shall act immediately according to such instructions, it being understood that by
so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that
such instructions were in error or at variance with the Contract Documents. the Owner shall pay the
Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was
required to do beyond what the Contract Documents correctly understood and interpreted would have
required, including costs resulting from interruption of the Work.
GC 8.2 NEGOTIATION, MEDIATION, AND ARBITRATION
8.2.1 In accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes, the
parties shall appoint a Project Mediator
.1 within 30 days after the Contract was awarded,or
.2 if the parties neglected to make an appointment within the 30 day period. within 15 days after either
party by notice in writing requests that the Project Mediator be appointed.
8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE
OF THE CONSULTANT and to have expressly waived and released the other party from any claims in
respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of
that finding,the party sends a notice in writing of dispute to the other party and to the Consultant, which
contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The
responding party shall send a notice in writing of reply to the dispute within 10 Working Days after receipt
of the notice-of dispute setting out particulars of this response and any relevant provisions of the Contract
Documents.
8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to
provide,without prejudice,frank,candid and timely disclosure of relevant facts,infornation,and documents
to facilitate these negotiations.
8.2.4 After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under
paragraph 8.2.2,the parties shall request the Project Mediator to assist the parties to reach agreement on any
unresolved dispute. The mediated negotiations shall be conducted in accordance with the latest edition of
the Rules for Mediation of CCDC 2 Construction Disputes.
8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under
paragraph 8.2.4 or within such further period agreed by the parties,the Project Mediator shall terminate the
mediated negotiations by giving notice in writing to both parties.
8.2.6 By giving a notice in writing to the other party,not later than 10 Working Days after the date of termination
of the mediated negotiations under paragraph 8.2.5,either party may refer the dispute to be finally resolved
by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The
arbitration shall be conducted in the jurisdiction of the Place of the Work.
8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on
the parties and,if a notice is not given under paragraph 8.2.6 within the required time,the parties may refer
the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration,which
they have agreed to use.
CCDC 2- 1994 File 00712 26
8.2.8 If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting
arbitration in paragraph 8.2.6 that a dispute be arbitrated immediately,all disputes referred to arbitration as
provided in paragraph 8.2.6 shall be
.1 held in abeyance until
(1) Substantial Performance of the Work,
(2) the Contract has been terminated. or
(3) the Contractor has abandoned the Work.
whichever is earlier, and
.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6.
GC 8.3 RETENTION OF RIGHTS
8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or
recourses, provided the party has given the notices required under Part 8 of the General Conditions -
DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3.
8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to
limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction
of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be
construed as a waiver of any right that party may have under paragraph 8.2.6 to proceed by way of
arbitration to adjudicate the merits of the claim upon which such a lien is based.
PART 9 PROTECTION OF PERSONS AND PROPERTY
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the
Work from damage which may arise as the result of the Contractor's operations under the Contract, and
shall be responsible for such damage, except damage which occurs as the result of:
.1 errors in the Contract Documents:
.2 acts or omissions by the Ou-ner, the Consultant, other contractors, their agents and employees.
9.1.2 Should the Contractor in the performance of the Contract damage the Work, the Ox•ner's property, or
property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such
damage at the Contractor's expense.
9.1.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as
provided in paragraph 9.1.1, the Contractor shall make g.W such damage to the Work and, if the Owner
so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided
in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE.
GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY
9.2.1 If either party to the Contract should suffer damage in any manner because of any wrongful act or neglect
of the other party or of anyone for whom the other part is responsible in law, then that party shall be
reimbursed by the other party for such damage. The reimbursing party shall be subrok'tted to the rights of
the other party in respect of such wrongful act or neglect if it be that of a third party.
27
CCDC 2- 1994 File 00712
9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time
after the first observance of such damage and if undisputed shall be confirmed by Change Order. Disputed
claims shall be resolved as set out in Part 9 of the General Conditions - DISPUTE RESOLUTION.
9.2.3 If the Contractor has caused damage to the work of another:ontractor on the Project,the Contractor agrees
upon due notice to settle with the other contractor by negotiation or arbitration. if the other contractor
makes a claim against the Owner on account of damage alleged to have been so sustained,the Owner shall
notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. The
Contractor shall satisfy a final order or judgment against the Ov+ner and pay the costs incurred by the
Owner arising from such action.
9.2.4 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 competent
jurisdiction.
GC 9.3 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS
9.3.1 For the purposes of applicable environmental legislation. the Owner shall be deemed to have control and
management of the Place of the Work with respect to existing conditions.
9.3.2 Prior to the Contractor commencing the Work, the Owner shall
i take all reasonable steps to determine .whether any toxic or hazardous substances or materials are
present at the Place of the Work, and
.2 provide the Consultant and the Contractor with a wrinen list of any such substances and materials.
9.3.3 The Owner-'shall take all reasonable steps to ensure that no person suffers injury,sickness,or death and that
no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous
substances or materiars which were at Lhe Place of the Work prior to the Contractor commencing the Work.
9.3.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary
steps, in accordance with legal requirements. to dispose of. store or otherwise render harmless toxic or
hazardous substances or materials which were present at the Place of the Work prior to the Contractor
commencing the Work.
9.3.E If the Contractor
.1 encounters toxic or hazardous substances or materials at the Place of the Work, or
2 has reasonable grounds to believe that toxic or hazardous substances or materials are present at the
Place of the Work,
which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but
have not been dealt with as required under paragraph 9.3_4, the Contractor shall
.3 take all reasonable steps, including stopping the Work,to ensure that no person suffers injury,sickness,
or death and that no property is injured or destroyed as a result of exposure to or the presence of the
4 substances or materials, and
.4 immediately report the circumstances to the Consultant and the Owner in writing.
28
CCDC 2 - 19K)4 File 00712
9.3.6 If the Contractor is delayed in performing the Work or incurs additional costs as a result of taking steps
required under paragraph 9.3.5.3, the Contract Time shall be extended for such reasonable time as the
Consultant may recommend in consultation with the Contractor and the Contractor shall be reimbursed for
reasonable costs incurred as a result of the delay and as a result of taking those steps.
9.3.7 Notwithstanding paragraphs 2.2.6 and 2.2.7 of GC 2.2-ROLE OF"THE CONSULTANT,or paragraph 8.1.1
of GC 8.1 - AUTHORITY OF THE CONSULTANT, the Consultant may select and rely upon the advice
of an independent expert in a dispute under paragraph 9.3.6 and, in that case, the expert shall be deemed
to have been jointly retained by the Owner and the Contractor and shall be jointly paid by them.
9.3.8 The Owner shall indemnify and hold harmless the Contractor,the Consultant,their agents and employees,
from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or
resulting from exposure to,or the presence of,toxic or hazardous substances or materials which were at the
Place of the Work prior to the Contractor commencing the Work. This obligation shall not be construed
to negate, abridge, or reduce other rights or 'obligations of indemnity set out in GC 12.1 -
INDEMNIFICATION or which otherwise exist respecting a person or party described in this paragraph.
9.3.9 of paragraph 1 3.1 of GC HAZARDOUS RIGHTS BAND REMEDIES or GC 9.25 shall
DAMAGES AND MUTUAL
RESPONSIBILITY.
PART 10 GOVERNING REGULATIONS
GC i0A TAXES AND DUTIES
10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except
for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the
Agreement - CONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included tuxes and duties after
the time of the bid closing shalt increase or decrease the Contract Price accordingly.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.1 The laws of the Place of the Work shall govern the Work.
10.2.2 The Owner shall obtain and pay for the building permit,permanent easements,and rights of servitude. The
Contractor shall be responsible for permits, licenses, or certificates necessary for the performance of the
Work which were in force at the date of bid closing.
10.2.3 The Contractor shall give the required notices and comply with the laws,ordinances, rules,regulations,or
codes which are or become in force during the performance of the 1i'ork and which relate to the Work, to
the preservation of the public health, and to construction safety.
10.2.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with
lating to the Work. If the Contract Documents
the applicable laws,ordinances,rules,regulations,or codes re
are at+variance therewith,or if, subsequent to the date of bid closing,changes are made to the applicable
laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the
Contractor shall notify the Consultant in writing requesting direction immediately upon such variance or
change becoming known. The Consultant will make the changes required to the Contract Documents as
provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER,and GC 6.3 - CHANGE DIRECTI'VT.
29
CCDC 2- 1994 File 00712
10.2.5 If the Contractor fails to notify the Consultant in writing; and fails to obtain direction as required in
paragraph 10.2.4; and performs work knowing it to be contrary to any laws,ordinances,rules,regulations,
or codes;the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the
costs, expenses, and damages attributable to the failure to comply with the provisions of such laws,
ordinances, rules, regulations, or codes.
GC 10.3 PATENT FEES
10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract.
The Contractor shall hold the Owner harmless from and against claims,demands, losses,costs,damages,
actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are
attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or
anyone for whose acts the Contractor may be liable.
10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions,
suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to
an infringement or an alleged infringement of a patent of invention in executing anything for the purpose
of the Contract,the model,plan,or design of which was supplied to the Contractor as part of the Contract
Documents.
GC 10.4 WORKERS' COMPENSATION
10.4.1 Prior to commencing the Work,Substantial Performance of the Work,and the issuance of use final certificate
for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation
at the Place of the Work, including payments due thereunder.
10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide
such evidence of compliance by the Contractor and Subcontractors.
PART I1 INSURANCE—BONDS
GC 11.1 INSURANCE
11.1.1 Without restricting the generality of GC 12.1 - LNI)EMNIFICATION, the Contractor shall provide,
maintain, and pay for the insurance coverages specified in GC 11.1 - INSURANCE. Unless otherwise
stipulated,the duration of each insurance policy shall be from the date of commencement of the Work until
the date of the final certificate for payment. Prior to commencement of the Work and upon the placement,
renewal,amendment,or extension of all or any part of the insurance,the Contractor shall promptly provide
the Owner with confirmation of coverage and, if required,a certified true copy of the policies certified by
an authorized representative of the insurer together with copies of any amending endorsements.
1 General Liability Insurance:
General liability insurance shall be in the joint names of the Contractor,the Owner,and the Consultant,
with limits of not less than $2,000,000 per occurrence and with a property damage deductible not
exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form
2100,or its equivalent replacement,provided that IBC Form 21j'J0 shall contain the latest edition of the
relevant CCDC endorsement form. To achieve the desired limit,umbrella,or excess liability insurance
may be used. All liability coverage shall be maintained for completed operations hazards from the date
of Substantial Performance of the Work,a• set out in the certificate_of Substantial Performance of the
Work,on an ongoing basis for a period of 6 years following Substantial Performance of the Work. Where
the Contractor maintains a single.blanket policy,the addition of the Owner and the Consultant is limited
CCDC 2- 1994 File 00712 30
the
to liability arising out of the Project and all operations necessary ono[ce in cidental
in of shall
be endorsed to provide the Owner with not less than 30 day
cancellation, and of change or amendment restricting coverage.
.2 Automobile Liability Insurance:
Automobile liability insurance in respect of licensed vehicles shall have limits of not less than$2.000-000
inclusive per occurrence for bodily injury,death,and dam e)O property,wtc covering than lased vehicles notice not
owned or leased by the Contractor, and endorsed to provide
in writing in advance of am cancellation,ooernment-ode rated automobile insurrance system, the Contraclto shall
has been issued pursuant to a ao Pe
provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in
the name of the Contractor.
.3 Aircraft and Watercraft Liability Insurance: if
Aircraft and watercraft liability insurance
perfo ma ce of the Work,including use of additional premiseseshalltbe
used directly or indirectly in the pert
subject to limits of not less than
f use2n00e0r�in lusi is of of less thano$2,000 000 fordairtchraftnpassenger
to property including loss o
hazard. Such insurance shall be in a form acceptable to the Owner. The Po licies shall be endorsed to provide the Owner with not less than 15 days notice in writing in advance of cancellation, change. or
amendment restricting coverage.
.4 Property and Boiler and Machinery Insurance:
(1) "Al!risks" property insurance shall be in the joint names of the Contractor, the Owner. and
the Consultant,insuring not less than the sum of the amount of the Contract be Pri o ce d he full
value,as stated in the Supplementary Conditions,of Products that are sae P
by the Owner for incorporation into the Work,with a deductible not ex IBC Fotm 4042 or� ts
insurance coverage shall not be less than the insurance required by
equivalent replacement, provided that IBC Form 4042 shall contain the latest edition of the
relevant CCDC endorsement form. The coverage shalt be maintained continuously until 10
days after the date of the final certificate for payment.
(2) Boiler and machinery insurance shall be in the joint names of the Contractor.the Ovvner,and
the Consultant for not less than the replacement value of the boilers, pressure ll not ls. lends
other insurable objects forming part of the Work. The insurance provided
than the insurance provided by the"Comprehensive Boiler and Machinery Form'
inssuredl and
maintained continuously from commencement of use or operation of the property
until 10 days after the date of the final certificate for payment.
{3) The policies shall allow for partial or total use or occupancy of the Work. If because of such
use or occupancy the Contractor is unable to provide coverage,the Contractor shall notify the
Owner in writing. Prior to such use or occupancy the Owner shall provide,maintain,and pay
for property and boiler insurance insuring the full value of the Work,as in sub-para
ontracto shall provide the
and(2), including coverage such ce or occup
refund n the Owner the unearned premiums
proof of such insurance.
applicable to the Contractor's policies upon termination of coverage.
4 The policies shall iprovide that,in the case of a loss or damage.payment shall be made to the
O The Contractor shall act
Owner and the Contractor as their respective interests may appear.
on behalf of the Owner for the purpose of adjusting the amount of such foss or damage
payment with the insurers. When the extent of the loss or damage is determined, the
Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and
obligations of either party under the Contract except that the Contractor shall be entitled to
31
CCDC 2 - 1994 File 00712
such reasonable extension of Contract Time relative to the extent of the loss or damage as the
Consultant may recommend in consultation uith the Contractor.
(5) The Contractor shall be entitled to receive from the Owner, in addition to the amount due
under the Contract, the amount at which the Owner's interest in restoration of the Work has
been appraised. such amount to be paid as the restoration of the Work proceeds and as
provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 -
PROGRESS PAYMENT. In addition the Contractor shall be entitled to receive from the
payments made by the insurer the amount of the Contractor's interest in the restoration of the
Work.
(6) in the case of loss or damage to the Work arising from the work of another contractor, or
Owner's own forces,the Owner,in accordance with the Owner's obligations under paragraph
3.2.2.4 of GC 3.2-CONSTRUCTION BY 0%V\7ER OR OTHER CONTRACTORS,shall pay
the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as
provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 -
PROGRESS PAYMENT.
.5 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 15 days notice
in writing in advance of cancellation,change,or amendment restricting coverage. Subject to satisfactory
proof of financial capability by the Contractor for self-insurance, the Owner agrees to waive the
equipment insurance requirement.
11.1.2 The Contractor shall be responsible for deductible amount-under the policies except where such amounts
may be excluded from the Contractor's responsibility by the terms of GC 9.1 -PROTECTION OF WORK
AND PROPERTY and GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY.
11.1.3 Where the full insurable value of the Work is substantially less than the Contract Price, the Owner may
reduce the amount of insurance required or waive the course of construction insurance requirement.
l 1.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the
Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and
the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may
deduct the amount which is due or may become due to the Contractor.
IL 1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of
the Place of the Work.
GC 11.2 BONDS
11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the
Owner any surety bonds required by the Contract.
11.12 Such bonds shall be issued by a duly licensed surety compam authorized to transact a business of suretyship
in the province or territory of the Place of the Work and shall be maintained in good standing until the
fulfilment of the Contract. The form of such bonds shall be in accordance with the latest edition of the
CCDC approved bond forms.
CCL)C 2 - 1994 File 00712 32
PART 12 INDEMNIFICATION— WAIVER -=WARRANTY
GC 12.1 INDEMNIFICATION
12-1.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and
employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings
(hereinafter called "claims"), by third parties that arise out of, or are attributable to, the Contractor's
performance of the Contract provided such claims are:
1 attributable to bodily injury, sickness, disease, or deau�t. or to injury to or destruction of tangible
property, and
.2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may
be liable, and
.3 made in writing within a period of 6 years from the date of Substantial Performance of the Work as
set out in the certificate of Substantial Performance of the Work,ork,or within such shorter period as may
rritory of the Place of the Work.
be prescribed by any limitation statute of the province or te
The Owner expressly waives the right to indemnity for claims other than those stated above.
12.1.2 The obligation of the Contractor to indemnify hereunder shadd be limited to$2,000,000 per occurrence from
the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate
limit of 52,000,000.
12.1.3 The Owner shall indemnify and hold harmless the Contractor,the Contractor's agents and employees from
and against claims, demands, losses, costs, damages, actto:s, 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.
12.1.4 GC 12.1 - INDEMNIFICATION shall govern over the provisions of paragraph 1.3.1 of GC 1.3 - RIGHTS
AND REMEDIES or GC 9.2 - DAMAGES %ND MUTU'.I_ RESPONSIBILITY.
GC 12.2 WAIVER OF CLAIMS
12.2.1 Waiver of Claims by Owner
As of the date of the final certificate for payment, 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 Contractor except one or more of the following:
.1 those made in writing prior to the date of the final certificate for payment and still unsettled;
.2 those arising from the provisions of GC 12.1 - INDEMINUICATION or GC 12.3 - WARRANTY;
.3 those arising from the provisions of paragraph 9.1-5 Or GC 9.3 - TOXIC AND HAZARDOUS
SUBSTANCES AND MATERIALS d materials to the Place l'of the Work after the Contractor commences
mmences
toxic or hazardous substances
the Work. t
In the Common Law provinces GC 12.2.1.4 shall read as follows:
.4 those made in writing within a period of 6 years from the date of St.,bstanrial Performance of the Work,
as set out in the certificate of Substantial Performance o> the Work, or within such shorter period as
33
CCDC 2 - 1994 File 00712
may be prescribed by any limitation statute of the province or territory of the Place of the Work and
those arising from any liability of the Contractor for damages resulting from the Contractor's
performance of the Contract with respect to substantial defects or deficiencies in the Work for which
the Contractor is proven responsible.
As used herein"substantial defects or deficiencies"means those defects_or deficiencies in the 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 12.2.1.4 shall read as follows:
.4 those arising under the provisions of Article 2118 of the Civil Code of Quebec.
12.2.2 Waiver of Claims by Contractor
As of the date of the final certificate for payment,the Contractor expressly waives and releases the Owner
from all claims against the Owner including without limitation those that might arise from the negligence
or breach of contract by the Owner except:
A those made in writing prior to the Contractor's application for final payment and still unsealed; and
.2 those arising from the provisions of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND
MATERIALS or GC 103 -PATENT FEES.
12.2.3 GC 12.2-WAIVER OF CLAIMS shall govern over the provisions of paragraph 1.3.1 of GC 1.3-RIGHTS
AND REMEDIES or GC 9.2-DAMAGES AND MUTUAL RESPONSIBILITY.
GC 12.3 WARRANTY
12.3.1 The warranty period with regard to the Contract is one year from the date of Substantial Performance of
the Work orthose periods specified in the Contract Documents for certain portions of the Work or Products.
12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design
and Contract Documents permit such performance.
12.3.3 Except for the provisions of paragraph 12.3.6 and subject to paragraph 12.3.2, the Contractor shall correct
promptly,at the Contractor's expense,defects or deficiencies in the Work which appear prior to and during
the warranty periods specified in the Contract Documents.
12.3.4 The Owner,through the Consultant,shall promptly give the Contractor notice in writing of observed defects
and deficiencies that occur during the warranty period.
12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of
paragraph 12.3.3.
12.3.6 The Contractor shall be responsible for obtaining Product warranties in excess of one year on behalf of the
Owner from the manufacturer. These Product warranties shall be issued by the manufacturer to the benefit
of the Owner.
CCDC 2-1994 File 00712 34
Page 22 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS TO CCDC 2, 1994.
SC-5 ARTICLE A-5 PAYMENT
5.1 Delete present text and substitute the following:
5.1 Payment equal to 90% of the value of the Work completed shall be made within 30 days
following receipt by the Owner of the Consultant's Certificate for Payment.
5.3.1 Delete present text and substitute the following:
Interest does not accrue until the expiry of the 30 day period noted above. Interest
payable shall be one percentage point more than the Bank Prime rate at Contract date.
PART 1 GENERAL CONDITIONS
IZC.i0 GC1 DOCUMENTS
1.1.9 Add after .4:
.5 Wand, in general, where discrepancies occur among various parts of the drawings
or specifications, the Contractor shall provide the greatest amount of labour
and/or materials referred to,"
1.1.10 Delete present text and substitute the following:
1.1.10 The Owner shall provide the Contractor,without charge:
Six (6) sets of the drawings and specifications upon which the Contract is based.
Sets issued for permits and the Contractor's Contract signing set are included in
this amount.
Two (2) copies of detail drawings (drawings issued after the signing of the
Contract).
All other copies of drawings and specifications will be furnished to the Contractor
at the cost of printing.
PART 2 ADMINISTRATION OF THE CONTRACT
SC.11 GC2.2 ROLE OF THE CONSULTANT
2.2.3 Add to the last sentence:
"....and to the Owner".
Page 23 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
SC.12 GC2.3 REVIEW AND INSPECTION OF THE WORK
2.3.2 Add in the 2nd line and in the 4th line after "the Consultant":
"....and the Owner".
2.3.3 Add second sentence:
"Such certificates and reports are to be reviewed by the Consultant and one copy
is to be forwarded for the Owner's review and acceptance".
SC.14 GC3.4 DOCUMENT REVIEW
3.4.1 Delete the words "and in making such review, the Contractor does not assume any
responsibility to the Owner or Consultant for the accuracy of the review" - in the
second sentence, and delete the third sentence which reads: "The Contractor shall
not be liable for damages or costs resulting from such errors, inconsistencies or
omissions in the Contract Documents which the Contractor did not discover."
SC.16 GC3.13 CUTTING AND
REMEDIAL WORK
3.13.1 Delete present text and substitute the following:
The General Contractor shall be responsible for all cutting and remedial work
that may be required to make the several parts of the work come together
properly except as noted thereafter.
Add fifth sentence:
"Cutting and patching for electrical and mechanical work shall be done by the
trade involved, under the supervision of the Contractor."
Add six sentence:
The trade(s) responsible for ill-time work shall also be responsible for the cost of
any resulting cutting or remedial work". ,
SC.21 GC5.3 PROGRESS PAYMENT
5.3.2 Delete present text and substitute the following:
Page 24 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
5.3.3 The Owner shall within thirty (30) days of receipt of the Consultant's Certificate
for Payment on the Owner's Combined Form, make payment to the Contractor
on Account in accordance with the provisions of Article A-4 of the agreement.
Add sentence:
In the event of construction lien action affecting the project, the Contractor
agrees to indemnify and compensate the Municipality of Clarington for any
expenses incurred. The Municipality reserves the right to secure the possible cost
of construction liens by retaining from the amount of the next payment certificate
a sum equal to the amount of any lien claim plus the usual 25% increased amount
for future possible claim expenses, plus the sum of $5,000.00 to compensate the
Municipality for its legal and professional consultant expenses, as may be
necessary to protect the Municipality's interest in having any liens removed from
the Municipality's project.
GC5.5 - delete in its entirety.
SC.25 GC6.5 DELAYS
6.5.1 in the fourth line - after the words "with the Contractor"
Add:
"and as formally accepted by the Owner".
6.5.2 in the fifth line after the words "with the Contractor"
Add:
"and as formally accepted by the Owner".
6.5.3 in the sixth line after the words "with the Contractor"
Add:
"and as formally accepted by the Owner".
6.5.4 in the first line - after the words "to the Consultant"
Add:
"and the Owner"
PART 7 DEFAULT NOTICE
SC.26 GC7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE
THE CONTRACT
7.2.4 In the second line, delete " 5 working days " and replace with "10 working days"
Page 25 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
7.2.5 Delete the words "and such other damages as the Contractor may have sustained
as the result of the termination of the Contract".
Add a new paragraph as follows:
7.2.6. "The provisions of this GC7.2 shall not apple to the withholding of certificates
and/or payments because of the Contractor's failure to pay all just claims
promptly, or because of the registration of a lien against the place of the work".
PART 8 DISPUTE RESOLUTION
SC.27 GC8.2 NEGOTIATION, MEDIATION A_N-D ARBITRATION
Add the following articles 8.2.9 to 8.2.15 inclusive after article 8.2.8:
8.2.9 Within five days of receipt of the notice of arbitration by the responding party
under paragraph 8.2.6, the Owner and the Contractor shall give the Consultant a
written notice containing:
a) a copy of the notice of arbitration
b) a copy of paragraphs 8.2.9 to 8.2.15 of this Contract, and;
C) any claims or issues which the Contractor or the Owner, as the case may
be, wishes to raise in relation to the Consultant arising cut of the issues in
dispute in the arbitration.
8.2.10 The Owner and the Contractor agree that the Consultant may elect, within ten
days of receipt of the notice under paragraph 8.2.9 to become a full party to the
arbitration under paragraph 8.2.6 if the Consultant:
a) has a vested or contingent financial interest in the outcome of the
arbitration;
b) gives the notice of election to the Owner and the Contractor before the
arbitrator is appointed;
C) agrees to be a party to the arbitration within the meaning of the rules
referred to in paragraph 8.2.6, and,
d) agrees to be bound by the arbitral award made in the arbitration
8.2.11 If the Consultant is not given the written notice required under paragraph 8.2.9,
both the Owner and the Contractor are stopped from pursuing an action,
counterclaim or other proceeding or making an application against the Consultant
arising out of the issues in dispute in the arbitration between the Owner and the
Contractor under paragraph 8.2.6.
Page 26 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
8.2.12 If an election is made under paragraph 8.2.10, the Consultant may participate in
the appointment of the arbitrator and, notwithstanding the rules referred to in
paragraph 8.2.6,the time period for reaching agreement on the appointment of
the arbitrator shall begin to run from the date the Owner receives a copy of the
notice of arbitration.
8.2.13 The arbitrator in the arbitration in which the Consultant has elected under
paragraph 8.2.10 to become a full party may:
a) on application of the Owner or the Contractor, determine whether the
Consultant has satisfied the requirements or paragraph 8.2.10, and;
b) make any procedural order considered necessary to facilitate the addition
of the Consultant as a party to the arbitration.
8.2.14 The provisions of paragraph 8.2.9 shall apply mutatis mutandis to written notice
to be given by the Consultant to any sub-consultant;
8.2.15 In the event of notice of arbitration given by a Consultant to a sub-consultant, the
sub-consultant is not entitled to any election with respect to the proceeding as
outlined in 8.2.10, and is deemed to be bound by the arbitration proceeding.
PART 10 GOVERNING REGULATIONS LAWS, NOTICES,
SC.29 GC10.2
PERMITS AND FEES
10.2.2 Add:
"The Owner shall apply and pay for the Building Permit.. The Contractor shall
sign for and pick up the Building Permit at the Municipal Office".
Note however, that the Contractor shall pay any construction damage deposits
directly related to the formula of cost for the Building Permit. The Contractor
shall be responsible for removing mud and other debris that accumulates on the
public street during construction. If the Contractor does not comply with
notification from the Municipality to clean the affected street within twenty-four
(24) hours, then the Municipal Public Works Department shall have the right to
clean the affected street at the sole expense of the Contractor.
Page 27 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
"The "Building Permit Copy of the drawings and specifications as approved by
the Building Department and issued as part of the Building Permit shall be
reviewed by the Consultant for any requirements which could affect the Contract
Documents. It shall then be kept on the job and maintained in good condition
from commencement to completion of the Work. On completion of the work,
this Building Permit copy shall be delivered in good condition to the Consultant".
PART 11 INSURANCE - BONDS INSURANCE
SC.30 GC1L1
Delete present text and substitute the following:
The Contractor shall protect himself and indemnify and save the Owner harmless
from any and all claims which may arise from the Contractor's operations under
the Contract where bodily injury, death or property damage is caused and for this
purpose shall, without restricting and generality of the foregoing, maintain
insurance acceptable to the Owner to the following minimum limit:
$1,000,000.00 inclusive for bodily injury and propery damage. A certificate shall
be lodged with the Owner describing the operations insured and the exclusions
applicable prior to the start of any work on the site.
All receipts for premium payments shall be forwarded to the Consultant for
inspection. In default of payment of any renewal premiums by the Contractor,
the Owner shall be at liberty to pay such premiums and deduct the amounts from
any monies due the defaulting Contractor.
The Contractor shall furnish evidence of compliance with all requirements of the
applicable Workers' Compensation Act including payments due thereunder.
The Contractor shall maintain comprehensive general liability insurance covering
premises and operations liability, elevators (if applicable), Contractor's
contingency liability with respect to the operations of subcontractors, completed
operations liability contractual liability, and automobile liability insurance (owned,
non-owned, or hired units).
All liability insurance policies shall be written in such terms as will fully protect
I the Contractor not withstanding his assumption of liability and his indemnity
covenants under the Contract.
Page 28 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS(continued)
Prior to the commencement of any work hereunder, the Contractor shall file with
the Owner a copy of each insurance policy and certificate required. All such
insurance shall be maintained until issuance of the Consultant's final certificate
for payment under the Contract and payment by the Owner to the Contractor of
the final payment under the Contractor including the making good of faulty work
or materials; except that coverage of completed operations liability shall in any
event be maintained for twelve (12) months from date to Total Performance as
certified by the Consultant.
FIRE INSURANCE
The Owner shall maintain Fire Insurance acceptable to the Contractor,with
standard Extended Coverage Endorsement,contract,
act the
payable names Owner and
Contractor for the full amount o o
Contractor as their respective interests may appear, and protecting each in such
terms as will preclude subrogation claims by the Insurer against anyone insured
ilk thereunder. The insurance coverage shall provide for the standard Fire and
Extended Coverage Peril Endorsement K and Malicious Damage Endorsement.
The Contractor and Subcontractors shall be responsible for Fire Insurance on
their own plant and equipment.
In the event of a loss, the Contractor shall act on behalf of the Owner and himself
for the purpose of adjusting the amount of such loss with the Insurer. On
completion of such adjustment the Contractor shall repair the damage and
complete the work, and shall be entitled to receive from the Owner (in addition
to any sum due under the Contract) the amount at which the Owner's interest has
been appraised in the adjustment, to be paid as the work of restoration proceeds
in accordance with the Consultant's certificates. Damage shall not affect the
rights and obligations of ei party under
ed to such reasonab et extension of, and
except that the Contractor time
for completion of the work as the Consultant may decide.
In the event that the Owner occupies the building or any part thereof prior to the
date of issuance of the Consultant's final certificates for payment, as noted above,
any increase in cost of insurance arising out of such occupancy shall be at the
Owner's expense.
Page 29 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
SC.31 GCIL2 BONDS
11.2.1 Delete present text and substitute the following:
The Contractor shall arrange, pay for, execute and furnish to the Owner, through
the Consultant, a clearly stated Performance Bond or security in the amount
stated in Instructions to Bidders.
In addition to the above requirements the Bond shall cover payment of all
obligations incurred in the event of the Contractor's default, including the
following:
Payment of all legal, architectural, mechanical, electrical and structural
engineering expenses incurred by the Owner in determining the extent of work
executed and work still to be executed and any additional work required as a
result of the interruption of the work. Payment of additional expenses to the
Owner in the form of Watchmen's services, light, heat, power, etc., payable over
the period between the default of the original contract and commencement of the
new contract.
PART 12 INDEMNIFICATION- WAIVER - WARRANTY
INDEMNIFICATION
SC.32 GC12.1
GC12.1.1 Delete paragraph 12.1.1 entirely and replace it with the following:
The Contractor shall to the full extent permitted by law defend, indemnify and
save harmless the Owner and the Consultant or their respective directors, officers,
partners, employees and agents, from and against any and all claims, demands,
losses, costs, damages, actions, suits or proceedings directly or indirectly arising or
alleged to arise out of the performance of or the failure to perform the Work, or
out of the condition of the Work, the job site, adjoining land, driveways, streets or
alleys used in connection with the performance of the Work. The
indemnification, provided for in this paragraph 12.1.1 shall specifically include, but
shall not be limited to, all claims, demands, losses, costs, damages, actions, suits or
proceedings directly or indirectly arising or alleged to arise as a result of or in
connection with any scaffolding, structural work or safe place law or any law with
respect to the protection of adjacent landowners, but shall not include any claims
arising solely from negligence of the party asking to be defended, indemnified or
saved harmless.
Page 30 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
GC12.1.2 Delete the amount 12,000,000."in the second and third lines and substitute:
"$1,000,000."
Add sentences:
"The Contractor also expressly warrants and guarantees to the owner and the
Consultant that the Work performed by the Contractor and by all workmen,
suppliers and subcontractors of the Contractor shall conform to the requirements
of the Contract Documents and shall be performed in a safe and careful manner."
"The foregoing shall not deprive the Owner or Consultant of any other action,
right or remedy otherwise available to them at common law or otherwise."
12.1.4 Delete this article in its entirety.
SC.33 GC12.2 WAIVER OF CLAIMS
WAIVER OF CLAIMS BY OWNER
Add:
"The issuance of the Consultant's Final Certificate for Payment shall constitute a
waiver of all claims by the Owner against the Contractor, except one or more of
the following:
a) Those previously made in writing and still unsettled
b) Those arising from the provisions of GC12.1, Indemnification and GC12.3,
Warranty
C) Those arising from any liability of the Contractor for damages under any
law of the Province of the Place of Work
d) Subject to the time limitations of(c) above, those arising from the failure
of the Work to comply with the requirements of the Contract Documents".
SC.34 GC12.3 WARRANTY
12.3.2 Delete this paragraph in its entirely and replace it with the following:
The Contractor before signing the Contract shall carefully examine the drawings
and specifications to satisfy himself that there is no material or method of
application or installation shown or specified to which he has any objection or
reservations. The signing of the Contract shall signify his acceptance of materials
and methods and that no liability shall subsequently be attached to the Owner or
the Consultant to relieve the Contractor from this obligation.
w
Page 31 of 35
Tender CL98-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PURCHASING OFFICE
SCHEDULE "D" - SUPPLEMENTARY CONDITIONS (continued)
12.3.3 Add: second sentence:
"Warranty period shall recommence on remedied work".
PART 13 MISCELLANEOUS NO CLAIMS FOR
SC.35 GC13.1
ANTICIPATED PROFIT
Add:
If any change or deviation in, or omission from the Work is made by which the
cost of Work to be done is decreased, or if the whole or any portion of the Work
is dispensed with, or if the Contractor should stop work or terminate the Contract
in accordance with the provisions of GC7.2 - CONTRACTOR'S RIGHT TO
STOP THE WORK OR TERMINATE CONTRACT, no compensation shall be
claimable by the Contractor or Subcontractor for any loss of anticipated profits in
respect thereof".
SC.36 GC13.2 USE OF THE WORK
BEFORE ACCEPTANCE
Add:
"The Owner, its agents, the Other Contractors shall have the right to enter upon,
and the Owner shall have the right to take possession of the Work in whole or
part for the purpose of placing fittings and equipment or for other use before the
completion of the Contract, if, in the opinion of the Consultant, such entry and
taking of possession does not prevent or interfere with the Contractor's work to
complete the Work within the time specified. Such entry and taking of possession
shall not be considered as acceptance of the Work nor in any way shall it relieve
the Contractor of his responsibility to complete the Contract."