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HomeMy WebLinkAboutBy-law 1532/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1532/82 Being a By-Law to authorize the execution of a Construction Contract with Ellis-Don Limited respecting the construction of the Town of Pickering Recreation Complex - Phase I WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the Councils of all Municipalities for erecting recreational areas, places of recreation and amusement, arenas, auditoriums, health centres, community recreation centres and similar buildings; and WHEREAS, it is deemed desirable to enter into a Construction Contract with Ellis-Don Limited respecting the construction of the Town of Pickering Recreation Complex, Phase I; NOW THEREFORE, The Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized %o execute a Construction Contract, in the form attached hereto as Schedule "A", between Ellis-Don Limited and the Corporation of the Town of Pickering respecting the construction of the Town of Pickering Recreation Complex, Phase I. BY-LAW read a first, second and third time and finally passed this 5th day of July, 1982. TOWN OF "~ICKERING / PPROVED TO FORM - i~AL DJT. :ument - CCDC 12 Architects 1979 Common Law Version SCHEDULE "A" to B~-law 1532/82 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment end to be used only with the General Conditions of the Stipulated Price Contract. This Agreement made on the ....... T.W(~ ] ,~1;~ ................ day of .... ~.~.a~. ...................... in the year Nineteen hundred and ...... .E! .g .h ~c .y . -. T?. q ............................................. by and between ...~7. ~.o...~).n.~.s.t.o.n...~o..a.d.,..P).c.k.e. r~. n. 9,..O.n.t.a.r.~.o. ............................................ hereinafter called the "Owner" and E] lis-Don Limited* 47 Sheppard Avenue East, Suite 505,, Wi]]owda]e, Ontario hereinafter called the "Contractor" witnesses: that the Owner and Contractor agree as follows: ARTICLEA-1 THE WORK The Contractor shall: (a) perform the Work required by the Contract Documents for ., .T.h.~. ~(~C ~'¢~J.0.q .~0r[ID] ¢~4 ............. (insert here the time of the Work and the Project) Town of Picke~"ing which have been signed by both the parties, and which were prepared by . [~.e.d.d.~.].].. Sb u~] ~ ............ P~.F.t;I~ ? ~ 9 ! ?..A.~c.h. ~. t.. ~ .c ~.s ...................... acting as and hereinafter called the "Architect" a nd (b) do and fulfill everything indicated by this Agreement, and (c) ,commence the Work by the.. 2.4.t b... day of ..... J~/ ....................... 19.82. and substantially perform the Work, as certified by the Architect, by the .... ~ ~ ~.. day of... ~.a.~c.~ .................... ~9. ~;~. · . ARTICLEA~2 CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in Article A-1 of this Agreement and as defined in item 2 of DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract and agreed upon between the parties. Terms used in the Contract Documents which are defined in the at- tached DEFINITIONS shall have the meanings designated in those DEFINITIONS. (insert here, attaching addifiona/pages if required, a//st identifying the Contract Documents including: The Agree- ment, General Conditions. Supplementary Conditions, Definitions, Drawings, giving drawing number, Et/e, date, revision date or mark, and Specifications, giving a list of contents with section numbers end tit/es, number of pages, and date or revision marks. Clearly identify modifications to the Contract Documents.) 1. Standard Construction Document CCDC #12, 1979 consisting of The Agreement, General Conditions and Definitions. 2. Appendix I (Specifications) 3. Appendix II (Drawing List) 4. Addendum No. i Architectural & Structural 11 pages Mechanical 11 pages Electrical 14 pages 5. Addendum No. 2 ~ Architectural Mechanical Electrical & Structural 13 pages 8 pages 13 pages 6. Addendum No. 3 Architectural Mechanical Electrical & Structural 10 pages 8 pages 3 pages .ARTICLE A-3 CONTRACT PRICE The Contract Price is ........................................................................ ................................................................................... Dollars ($ ....................... ) in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A-4 PAYMENT (a) Subject to applicable legislation end the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of 15 %, the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Architect; and (2) upon Substantial Performance of the Work as certified by the Architect pay to the Contractor the unpaid balance of holdback monies then due; and (3) upon Tota~ Performance of the Work as certified by the Architect pay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring where payment becomes due under the Property and Boiler Insurance policies, payment shall be made to the Contractor in accordance with the provisions of GC 20 --INSURANCE. (c) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of 18 percent per annum on such unpaid amounts shall also become due and payable untit payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLEA-5 RIGHTSAND REMEDIES ia) 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. (b) No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCOC 12 - 1979 Fi[e00514 Comm~)n Law 12-3 ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES Communications in writing between the parties or between them and the Architect shalt be considered to have been received by the addressee on the date of delivery if delivered by hand to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by telegram, to have been delivered within five (5) working days of the date of mailing, dispatch or of delivery to the telegraph company when addressed as follows: The Owner at ....... ~ ?~9. iK, ilr~ g.s, ,~ ,op, .R,o,a,~ ................................................... Pickering, Ontario, LIV 1C7 post office or dL~t~ct, province, postal code The Contractor at 47 Sheppard Avenue East, Suite 505 street and number and postal box number if applicable Willowdale, Ontario, M2N 5Y6 post office or district, province, postal cede The Architect at ..... 1735 Bayly Street, Suite 7A, street and number and postal box number if appl~able Pickering, Ontario LIW 3G7 post office or district, provl~lce, postal code ARTICLE A-7 LANGUAGE OFTHE CONTRACT When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the" English language shall French prevail. *Complete this statement by striking out inapplicable term only if the Contract Documents have been prepared and ~sued in both official languages of Canada. N/A ARTICLEA-8 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER .... C.c. ~. p..o r.a.t.i .o.n' .qr. ,T.h..e.T..o.w.n..qr.. P. ~ .c.k.e?.i.n.g Name Signature CONTRACTOR Ellis-Don Limited N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for proof of authority to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the Corporation or Partnership, par- ties to this Agreement, should be attached. CCDC 12 1979 File 00514 Common Law 12 5 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. The Contract The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents, The Contract may be amended only as provided in the General Conditions of the Contract. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, Specifications, Drawings and such other documents as are listed in Article A-2 -- CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pur- suant to the provisions of the Contract and agreed upon between the parties. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Architect. Architect The Architect is the I~erson, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. The Work The Work means the total construction and related services required by the Contract Documents. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor really referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. 11. Place of the Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part. CCDC 12 1979 File 00514 Common [ aw 12 7 · 12. 13. 14. 15. 16. Law of the Contract The law of the Place of the Work governs the interpretation of the Contract. Time (a) The Contract Time is the time stipulated in the Contract Documents for Substantial Performance of the Work. (b) The date of Substantial Performance of the Work is the date certified as such by the Architect. (c) Day means the calendar day. (d) Working Day means days other than Saturdays, Sundays and holidays which are observed by the construction industry in the area of the Place of the Work. 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 shall have been reached when the Work is ready for use or is being used for the purpose intended and is so cer- tified by the Architect. Total Performance of the Work Total Performance of the Work means when the entire Work, except those items arising frorrr the provi- sions of GC 24 -- WARRANTY, has been performed to the requirements of the Contract Documents and is so certified by the Architect. Changes in the Work Changes in the Work means additions, deletions, or other revisions to the Work within the general scope of the Contract. 12 8 Cl~Ir~m<~ I ~w CCDC 12 - 1979 File 00514 THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT (Hereinafter referred to as the General Conditions.) GC1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 GC2 2.1 2.2 2.3 DOCUMENTS The Contract Documents shall be signed in duplicate by the Owner and the Contractor. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all, The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires. In the event of co~rflicts between Contract Documents the following shall apply: (a) Documents of la~er date shall govern. (b) Figured dimensions shown on a Drawing shall govern even though they may differ from dimensions scaled on the same Drawing. (c) Drawings of larger scale shall govern over those of smaller scale of the same date. (d) Specifications shall govern over Drawings. The General Conditions shall govern over Specifications. (f) Supplementary Conditions shall govern over the General Conditions. (g) The executed Agreement between the Owner and Contractor shall govern over all documents. The Contractor will be provided without charge with as many copies of the Contract Documents or parts thereof as are reasonably necessary for the performance of the Work. The Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of the Work, in good order and available to the Architect and his representatives. This requirement shall not be considered to include the executed set of Contract Documents. Drawings, Specifications, Models and copies thereof furnished by the Architect are and shall remain his property with the exception of the signed contract sets belonging to each party to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authoriza lion of the Architect, Models furnished by the Contractor at the Owner's expense are the property of the Owner, ADDITIONAL INSTRUCTIONS During the progress of the Work the Architect will furnish to the Contractor such additional instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such instruc- tions sbaJl be ccmsJsteot with the intent of the Contract Documer~ts. Additional instructions may be in the form of specifications, drawings, samples, models or other written instructions. Additional instructions will be issued by the Architect with reasonable p~omptness and in accordance with a schedule agreed upon for such instructions. GC 3 ARCHITECT 3.1 The Architect will provide administration of this Contract as described in the Contract Documents. 3.2 The Architect will be the Owner's representative during construction and until completion of any correction of defects undm the provisions of GC 24 -- WARRANTY, paragraph 24.2, or until the issuance of the Certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the Con, tractor shall be forwarded through the Architect. The Architect 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 in accordance with paragraph 3.13. 3.3 The Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or p~ocedures, or for safety precautions and programs required for the Work in accordance whh Ibc ;ipplicable Construction Safety Legislation, other regulations or general con- struction practice. The Architect will not be responsible for or have control or charge over the acts or omis- sions of the Contractor, his Subcontractors, or their agents, employees or other persons performing any of the Work. 3.4 The Architect will visit the sile at intervals appropriate to the progress of construction to familiarize himself with the progress and quality of the Work and to determine in general if the Work is proceeding in ac- cordance with the Contract Documents. However, the Architect will not make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. 3.5 Based on the Architect's observations and his evaluation of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Contractor under the Contract and will issue Cer- tificates for Payment in such amounts, as provided in Article A-4 -- PAYMENT and GC 14 - CER- TIFICATES AND PAYMENTS. 3.6 The Architect will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents and in making his decisions he will not show partiality to either party. 3.7 Claims, disputes and other matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect in writing for decision which he will give in writing within a reasonable time. 3.8 The Architect will have authority to reject work which in his opinion does not conform to the requirements of the Contract Documents. Whenever he considers it necessary or advisable he will have authority to quire special inspection or testing of work whether or not such work be then fabricated, installed or com- plated. However, neither the Architect's authority to act nor any decision made by him either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contrac- tor, his Subcontractors, or their agents, employees or other persons performing any of the Work. 3.9 The Architect will review and take appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, in accordance with the requirements of the Contract Documents. 3.10 The Architect witl prepare Change Orders in accordance with the requirements of GC 11 -- CHANGES THE WORK. 3.11 The Architect will conduct inspections to determine the dates of Substantial Performance of the Work and Total Performance of the Work in accordance with the requirements of GC 14 - CERTIFICATES AND PAYMENTS. He will receive and review written warranties and related documents required by the Con- tract and provided by the Contractor and will forward such warranties and documents to the Owner for his acceptance. 3.12 If the Owner and the Architect agree the Architect will provide at the site one or more Project Representatives to assist the Architect in carrying out his responsibilities. The duties, responsibilities and limitations of authority of such Project Representatives shall be as set forth in writing to the Contractor. 313 The duties, responsibilities and limitations of authority of the Architect as set forth in the Coraract Documents will not be modified or extended without the written consent of ~he Owner, the Contractor and the Architect. 3.14 In the event of the termination of the employment of the Architect, the Owner shall immediately appoint an Architect to whom the Contractor makes no reasonable objection and whose status under the Contract shall be that of the former Architect. 3.15 No~hing coutained in the Contract Documents shall create any contractual relationship betwee~ the Architect and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other per- sons performing any of the Work. GC 4 4.1 4.2 4.3 4.4 4.5 4.6 5.1 5.2 5.3 5.4 5.5 DELAYS if the Contraclor is de~ayed in the performaur:o of the Work by afl acl or omission of th~; Owner, Architect, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Ar- chitect may decide in consultation with the Contractor, and the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. if the Contractor is delayed in the performance of the Work by a Stop Work Order issued by a court or other public authority and providing that such Order was not issued as the result of an act or fault of the Contractor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Architect may decide in consultation with the Contractor and the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized Contractors' Association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall he extended for such reasonable time as the Architect may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed.to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner. No extension shall be made for delay unless written notice of claim is given to the Architect not later than fourteen (14) days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. If no schedule is made under GC 2 -- ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (14) days after a demand for such instructions has been made and not then unless such claim is reasonable. The Architect will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 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 Architect has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the default in the five (5) working days immediately following the receipt of such notice. If the correction of the default cannot be completed in the five (5) working days specified, the Contractor shall be in compliance with the Owner's instructions if he: (al commences the correction of the default within the specified time, and {b) provides the Owner with an acceptable schedule tot such correction, and lc) completes the correction in accordance with such schedule. If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: la) correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Architect has certified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continue with the Work in whole or in part or terminate the Con- tract. If the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall: (al be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and 5.6 5.7 (b) withhold further payments to the Contractor until the Work is finished, and (c) upon Total Performance of the Work, charge the Contractor the amount by which the full cost of finishing the Work as certified by the Architect, including compensation to the Architect for his addi- tional services and a reasonable allowance as determined by the Architect to cover the cost of correc- tions to work performed by the Contractor that may be required under GC 24 -- WARRANTY, ex- ceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, he shall pay the Contractor the difference, and (d) on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to his work under GC 24 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. If a performance bond has been provided by the Contractor the provisions of this General Condition shall be exercised in accordance with the conditions of such performance bond. The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by him up to the time of termination shall continue in force after such termination. CC6 6.1 6.2 6.3 6.4 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT If the Owner should be adjudged bankrupt or makes a general assignment for the benefit o; creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. If the Work should be stopped or otherwise delayed for a period of thirty (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 him, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner written notice, ter- minate the Contract. The Contractor may notify the Owner in writing, with a copy to the Architect, that the Owner is in default of his contractual obligations if: (a) the Architect fails to issue a certificate in accordance with the provisions of GC 14 -- CERTIFICATES AND PAYMENTS, or (b) the Owner fails to pay the Contractor when due the amounts certified by the Architect or awarded by arbitration or court, or (c) the Owner violates the requirements of the Contract to a substantial degree and the Architect con- firms by written statement to the Contractor that sufficient cause exists. The Contractor's written notice to the Owner shall advise that if the default is not corrected in the five (5) working days immediately following the receipt of the written notice the Contractor may, without pre- judice to any other right or remedy he may have, stop the Work or terminate the Contract. If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paid for all work performed including reasonable profit and for loss sustained upon products and construction machinery and equipment and such other damages as the Contractor may have sustained as a result of the termination of the Contract. GC7 7.1 7.2 DISPUTES Differences between the parties to the Contract as to the interpretation, application or administration of this Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by decision of the Architect pursuant to the provisions of GC 3 -- ARCHITECT, paragraphs 3.6 and 3.7, sha~ be settled in accordance with the re quirements of this General Condition. The claimant shall give written notice of such dispute to the other party no later than thirty (30) days after the receipt of the Architect's decision given under GC 3 -- ARCHITECT, paragraph 3.7. Such notice shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the rele- vant provisions of the Contract Documents. The other party shall reply to such notice no later than four- teen (14) days after he receives or is considered to have received it, setting out in such reply his grounds and other relevant provisions of the Contract Documents. 7.3 7.4 7.5 7.6 7.7 If the matter in dispute is not resolved promptly the Architect will give such instructions as in his 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 they 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 he was required to do beyond what the Contract Documents correctly understood and interpreted would have required him to do, in- cluding costs resulting from interruption of the Work. It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the in- structions as provided in paragraph 7.3. If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the Arbitration Act of the Place of the Work. If no provision or agreement is made for arbitration then either party may submit the dispute to such judicial tribunal as the circumstances may require. tn recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. GC 8 ASSIGNMENT 8.1 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, GC 9 OTHER CONTRACTORS 9.1 The Owner reserves the right to let separate contracts in connection with the Project of which the Work is a part, or do certain work by his own forces. 9.2 When separate contracts are awarded for different parts of the Project, or work is performed by the Owner's own forces, the Owner shall: (a) provide for the co-ordination of the work of his own forces and of each separate contract with the Work of this Contract, and (b) ensure that insurance coverage is provided to the same requirements as are called for in GC 20 - INSURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractor as it affects the Work of this Contract. 9.3 The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract Documents. If there is a change in the scope of the work re- quired for the planning and performance of this co-ordination and connection any difference in costs shall be evaluated as provided in GC 12 -- VALUATION AND CERTIFICATION OF CHANGES IN THE WORK, and authorized as provided in GC 11 -- CHANGES IN THE WORK. 9.4 The Contractor shall report to the Architect any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors' work except as to those of which he was not reasonably aware. 9.5 The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other Contractors CC10 SUBCONTRACTORS 10.1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to: (al enter into contracts or written agreements with his Subcontractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract Documents, and (b) be as fully responsible to the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him. The Contractor [herefore agrees that he will incorporate the terms and conditions of the Contract Documents into all Subcontract Agreements he enters into with his Subcontractors. 10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the Owner at the signing of the Contract. 10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the Contractor to employ one of the other subcontract bidders. 10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be adjusted by the difference in cost and mark-up occasioned by such required change. 10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he may reasonably object. 10.6 The Architect may, upon reasonable request and at his discretion, provide to a Subcontractor information as to the percentage or quantity of the Subcontractor's work which has been certified for payment. 10.7 Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 11 11.1 CHANGES IN THE WORK Except as provided in GC 12 -- VALUATION AND CERTIFICATION OF CHANGES IN THE WORK, paragraph 12.4: (a) the Owner, through the Architect, without invalidating the Contract, may make Changes in,the Work with the Contract Price and Contract Time being adjusted accordingly by written order, and {b) no Changes in the Work shall be proceeded with without a written order signed by the Owner and no claim for a change in the Contract Price or change in the Contract Time shall be valid unless so ordered and at the same time valued or agreed to be valued as provided in GC 12 -- VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. GC 12 12.1 12.2 12.3 12.4 12.5 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK The value of a change shall be determined in one or more of the following methods: (a) by estimate and acceptance in a lump sum; (b) by unit prices set out in the Contract or subsequently agreed upon; (c) by cost and a fixed or percentage fee, When a change in the Work is proposed or required the Contractor shall present to the Architect for approval his claim for a change in the Contract Price and change in Contract Time with appropriate documentation in a form acceptable to the Architect. The Architect will satisfy himself as to the correct- ness of such claim and, when approved by the Owner, a Change Order shall be issued to the Contractor amending the Contract Price and Contract Time as appropriate. The value of work performed in the change shall be included for payment with the regular certificates for payment. In the case of changes in the Work to be paid for under methods (b) and (c) of paragraph 12.1, the form of presentation of costs and methods of measurement shall be agreed to by the Architect and Contractor before proceeding with the change. The Contractor shall keep accurate records, as agreed upon, of quan- tities or costs and present an account of the cost of the change in the Work, together with vouchers where applicable. If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot be promptly agreed upon and the change is required to be proceeded with then the Architect in the first in- stance will determine the method of valuation, measurement, the change in Contract Price and Contract Time subject to final determination in the manner set out in GC 7 - DISPUTES. In this case the Architect will, with the consent of the Owner, issue a written authorization for the change setting out the method of valuation and if by lump sum his valuation of the change in Contract Price and Contract Time. In the case of a dispute in the valuation of a change authorized in the Work and pending final determination of such value, the Architect will certify the value of work performed in accordance with his own evaluation of the change and include the amount with the regular certificates for payment. The Con- tractor shall keep accurate records of quantities and cost of such work. 12.6 It is intended in all matters referred to above that both the Architect and Contractor shall act promptly. 12-14 Common Law CCDC 12 -- 1979 File 00714 13.1 13.2 13.3 13.4 13.5 13.6 GC 14 14.1 14.2 14.3 14.4 14.5 Applicat ohs for payment on account may I,e made monthly a.~ the Work progr~sses. Applicat ons for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed and pro¢~ucts delivered to the Place of the Work at that date. The Cot tractor shall submit to the Architect, at least fourteen (14) days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Con- tract Pri(e and divided so as to facilitate ev~luation of applications for payment. This sch=,dule shall be made out in such fo~m and supported by such evidence as to its correctness as the Architect may reasonably direct and when approved by the Architect shall be used as the basis for applica- tions for payment, unless it be found to be in error. When making applications for payment, the Contractor shall submit a statement based upon this schedul(. 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 Architect may reasonably require to establish the value and delivery )f the products. Applications for release of holdback monies following Substantial Performance of the Work'and the application for final payment shall be made at the time and in the manner set forth in GC 14 -- CER- TIFICATES AND PAYMENTS. CERTIFICATES AND PAYMENTS The Architect will, no later than ten (I0) days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 -- APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Ar- chitect amends the a~plication, he will promptly notify the Contractor in writing giving his reasons for the amendment. The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 -- PAYMENT no later than five (5) days after the issuance of a certificate for payment by the Ar- chitect. The Architect will, no later than ten (10) days after the receipt of an application from the Contractor for a Certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the vaiidib/of the application. The Architect will, no ~ater than seven (7) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Ar- chitect finds that Substantial Performance of the Work has been reached he will issue such a certificate. The date of Substantia~ Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the Certificate of Substantial Performance of the Work, the Architect, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. immediately following the issuance of the Certificate of Substantial Performance of the Work the Architect will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the Statutory Limitation Period stipulated in the Lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which maybe agreed to beWveen the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment and other indebtedness which may have been incurred by the Contractor in the Substantial Per- formance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. Where legislation permits and where, upon application by the Contractor, the Architect has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the Statutory Limitation Period for such Subcontractor stipulated in the Lien legislation applicable to the Place of the Work. CCDC 12 -- 1979 Fite 00714 Common Law 12-15 14.8 14.9 14.10 The release of the remaining holdback monies shall become due and payable on the day following the expiration of the Statutory Limitation Period stipulated in the Lien legislation applicable to the Place of the Work, or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against th~ Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, con- struction machinery and equipment and any other indebtedness which may have been incurred by the Contractor in the Total Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. If because of climatic or other conditions reasonably beyond the control of"the Contractor there are items of work that cannot be performed, payment in full for work which has been performed as certified by the Architect shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold until the remaining work is finished only such monies as the Architect determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner from claims. No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of work or products which are not in accordance with the re- quirements of the Contract Documents. 14.11 14.12 14.13 All certificates issued by the Architect shall be to the best of his knowledge, information and belief. By issuing any certificate the Architect does not guarantee the correctness or completeness of the Work. The issuance of the Certificate of Total Performance of the Work shall constitute a waiver by the Owner of all claims against the Contractor except one or more of the following: (a) those made in writing prior to the issuance of the Certificate of Total Performance of the Work and stilt unsettled; (b) those arising from the provisions of GC 24 -- WARRANTY; (c) those made in writing within a period of six {6) years from the date of Substantial Performance of the Work or within such shorter period as may be proscribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from his performance of this Contract with respect to material defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein "material defects or deficiencies" means those defects or deficiencies in the Work which affect the Work to such an extent or in such manner that it is unfit in part or in whole for the pur- pose intended by the Contract Documents, The acceptance by the Contractor of the Certificate of Total Performance of the Work or of the payment due thereunder shall constitute a waiver of all claims against the Owner under this Contract except those made in writing prior to the Contractor's application for payment upon Total Performance of the Work and still unsettled. 12-16 Common Law CCDC 12 -- 1979 File 00714 15.2 Any increase or decrease in costs to the Contractor due to changes In such taxes aha auues arter me ooze of the tender shall increase or decrease the Contract Price accordingly. 15.3 Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract, the procedure shall be as established in the Supplementary Conditions. GC 16 LAWS, NOTICES, PERMITS AND FEES 16.1 The laws of the Place of the Work shall govern the Work. 16.2 The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which are in force at the date of tender closing, but this shall not include the ob- taining of permanent easements or rights of servitude. 16.3 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders relating to the Work, to the preservation of the public health and construction safety, of the authorities having jurisdiction, which are or become in force during the performance of the Work. 16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work. If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse- quent to the date of tender closing, the Contractor shall notify the Architect in writing requesting direction immediately such variance or change becomes known to him. The Architect will make the changes re- quired to the Contract Documents and the Contract Price and Contract Time shall be adjusted in ac- cordance with GC 11 -- CHANGES IN THE WORK and evaluated in accordance with GC 12 -- VALUA- TION AND CERTIFICATION OF CHANGES IN THE WORK. 16.5 If the Contractor fails to notify the Architect in writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders. GC 17 PATENT FEES 17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He 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 at- tributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts he may be liable. 17.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 18 18.1 18.2 GC 19 19.1 WORKERS' COMPENSATION INSURANCE Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or territory of the Place of the Work with respect to Workers' Compensation Insurance including payments due thereunder. At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by himself and his Subcontractors. INDEMNIFICATION Except as provided in paragraphs 19.2 and 19.3, the Contractor shali indemnify and hold harmless the Owner and the Architect, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or attributable to the Contractor's performance of the Contract, providing that such claims, damages, losses or expenses are: ccec 12 - 1979 File 00714 Common Law 12-17 costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a tack of or defect in title or an alleged lack of or defect in title to the Place of the Work. GC20 INSURANCE 20.1 Without restricting the generality of GC 19 -- INDEMNIFICATION, the Contractor shall provide, maintain and pay for the insurance coverages listed in this Genera~ Condition unless otherwise stipulated: (a) General Liability Insurance: General Liability Insurance shall be in the joint names of the Contractor, the Owner and the. Architect with limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a Property Damage deductible of five hundred dollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be main- tained continuously from commencement of the Work until twelve (12) months following the date of the Certificate of Substantial Performance of the Work, or until the Certificate of Total Performance of the Work is issued, whichever is the later, and with respect to Completed Operations Coverage for a period of not less than twelve (12) months from the date of the Certificate of Total Performance of the Work. Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property, building or land; CCDC Form 101 as required shall include Endorsement CCDC Form 101-2. (b) Automobile Liability Insurance: Automobile Liability Insurance in respect of licensed vehicles shall have limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property, in the follow- ing forms endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of any cancellation, change or amendment restricting coverage: (1) Standard Non-Owned Automobile Policy including Standard Contractual Liability Endorsement. (2) Standard Owner's Form Automobile Policy providing Third Party Liability and Accident Benefits Insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor. (c) Aircraft and Watercraft Liability Insurance: Aircraft and Watercraft Liability Insurance with respect to owned or non-owned aircraft and water- craft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not ~ess than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than one million dollars for Aircraft Passenger Hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of cancellation, change or amendment restricting coverage. (d) Property and Boiler Insurance: (1) All Risks Property Insurance shall be in the joint names of the Contractor, the Owner and the Ar- chitect, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shalt be maintained continuously until ten (10) days after the date of the Cer- tificate of Total Performance of the Work. (2) Boiler Insurance insuring the interests of the Contractor, the Owner and the Architect for not less than the replacement value of Boilers and Pressure Vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten (10) days after the date of the Certificate of Total Performance of the Work. 12-18 Common Law CCDC 12 - 1979 File 00714 20.2 20.3 (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty (30) days writ- ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain Property and Boiler Insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for Property and Boiler Insurance insuring the full value of the Work, as in sub- paragraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon ter- mination of coverage. (4) The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss or damage payment with the 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 su'ch reasonable ex- tension of Contract Time relative to the extent of the loss or damage as the Architect may decide in consultation with the Contractor. (5) Payment for loss or damage: The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 --- APPLICATIONS FOR PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the payments made by the Insurer the amount of the Contractor's interest in the restoration of the Work. (6) The Contractor shall be rosponsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 PRO TECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUAL RESPON- SIBILITY. (7) In the event of loss or damage to the Work arising from the work or act of an Other Contractor, the Owner, in accordance with his obligations under GC 9 - OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of GC 13 APPLICATIONS FOR PAY- MENTandGC14 - CERTIFICATES AND PAYMENTS. la) 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, shal~ be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of the Certificate of Total Performance of the Work. The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa- tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance. If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere the Contract Documents, then the Owner shall have the right to provide and maintain such insuram e ~tnd give evidence thereof to the Contractor and the Architect, Tile cos1 Ihereof shall be payabl~ by tractor to the Owner on demand or tile Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 21 21.1 PROTECTION OFWORK AND PROPERTY The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage and shall be responsible for damage which may arise as the result of his operations under the Contract except damage which occurs as the result of: CCDC 12 -- 1979 File 00714 Common Law 12 )9 21.2 21.3 Should the Contractor in the performance of this Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of Should damage occur to the Work or Owner's property for which the Contractor is not responsible as provided in paragraph 21.1 he shall make good such damage to the Work and if the Owner so directs to the Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 CHANGES IN THE WORK and evaluated in accordance with GC 12 -- VALUATION AND CERTIFICA TION OF CHANGES IN THE WORK. GC22 22.1 GC 23 23.1 23.2 GC24 24.1 24.3 24.4 GC25 25.1 DAMAGES AND MUTUAL RESPONSIBILITY If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom he is responsible in law, then he shall be reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. Claims under this General Condition shall be made in writing to the party liable within reasonable time after the first observance of such damage and may be adjusted by agreement or in the manner set out in GC 7 - DISPUTES. If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon due notice to settle with such Other Contractor by agreement or arbitration, if he will so settle. If such Other Contractor sues 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 If a final order or judgment against the Owner arises therefrom the Contractor shall pay or satisfy it and pay the costs incurred by the Owner. if the Contractor becomes liable to pay or satisfy a final order, judgment or award against the Owner then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of compe tent jurisdiction. BONDS The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents. Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. WARRANTY The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. Subject to paragraph 24.1 the Contractor agrees to correct promptly at his own expense defects or deficiencies in the Work which appear prior to and during the period of one year from the date of Substan- rial Performance of the Work or such longer periods as may be specified for certain products or work. During the period provided in GC 3 ARCHITECT, paragraph 3.2. the Architect shall promptly giw; the Cormactor wrdten notice of observed defects and deficiencies. The Contractor agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for co-ordinating the various parts of the Work under the Contract. 25.2 The Contruclor ~h,dl bc ~;ol~aly rl~sp~rls~ble for (:ons;truction safety tit the Place of the Work and for compliuncc wdh tim itJIt~ti, ~eguluhons and praclices required by the apphcable Construction Safety Legislation. 25.3 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal o~ lemporary structural and olher temporary facilities and the design and execution of construc- hon method~; feqtmed in th~r use. ] he Contractor shall engage and pay for registered professional engineenng personnel skdled in lbo appropriate disciplines to pedorm these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. 25.4 No~ithstanding the provisions of paragraphs 25.1 and 25.3, or provisions to the contra~ elsewhere in the Contract Documents where such Contract Documents include designs for tempora~ structural and other temporary 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 that he is responsible for the execution of tho Work. 25.5 The Contractor shall review the Contract Documents and shall promptly report to the Architect any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the b~t of his knowledge, information and belief and in making such review the Contractor does not assume any respon- sibility to the Owner or the Architect for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents which he did not discover. If the Contractor does discover any error, inconsistency or omission in the Con- tract Documents he shall not proceed with the work affected until he has received corrected or missing in- formation from the Architect. 25.6 The Contractor shall prepare and update as required a construction schedule indicating the timing of the major aclivities of the Work. The schedule shall be designed to ensure conformance with the reqiHr~d Contract Time. The schedule shall be submitted to the Owner and the Architect for their informatloo within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Architect of any revisions required as the result of delays as provided in GC 4 DELAYS, indicating the results expected from the resultant change in schedule. GC26 SUPERINTENDENCE 26.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work whi~e work is being performed. 26.2 The supervisor shall be satisfactory to the Architect and shal~ not be changed except for good reason and only then after consultation with the Architect. 26.3 The supervisor shall represent the Contractor at the Place of the Work and instructions given to him by the Architect shall be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing; other instructions shall be so confirmed if requested. GC 27 27.1 27.2 27 3 LABOURANDPRODUCTS Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for labour, products, tools, construction equipment and machinery, water, heat, light, power, transporta- tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. Products provided shall be Dew unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to tire approval of thl! Ar c:hitect. The Contractor shall maintain good order and discipline among his employees engaged on the Work alrd shall not employ on the Work anyone not skilled in the task assigned to him. GC28 28.1 SUBSURFACE CONDITIONS The Contractor shall promptly notify the Architect in writing if in his opinion the subsurface conditions at the Place of the Work differ materially from those indicated in the Contract Documents, or a reasonable assumption of probable conditions based thereon. CCDC 12 1979 File 00714 Common L~w 12 21 28.2 After prompt inw~stigation, should tho Archilecl determine that r:~mditions do differ materially, he will issue appropriate instructions for changes i~ tim Work as provide(I lot in GC 11 CHANGES IN THE WORK. GC29 USE OFTHE WORK 29.1 The Contractor shall confine his apparatus, the storage of products, and the operations of his employees to limits indicate, d by laws, ordinancr;s, permits or the Contract Documents and shall not unreasonably en- cumber the premises with his products. 29.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC30 CLEANUP AND FINAL CLEANINGOFTHEWORK 30.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, Other Contractors or their employees. 30,2 When the Work is Substantially Performed, the Contractor shall remove his surplus products, tools, construction machinery and equipment not required for the performance of the remaining work. He shall also remove waste products and debris other than that caused by the Owner, Other Contractors or their employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwisespecified. 30.3 When the Work is Totally Performed, the Contractor shall remove his surplus products, tools, construction machinery and equipment. He shall also remove waste products and debris, other than that caesed by the Owner, Other Contractors or their employees GC31 CUT]'ING AND REMEDIAL WORK 31.1 The Contractor shall do the cutting and remedial work required to make the several [)arts of tile Work come together properly. 31.2 The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. 31.3 Should the Owner, the Architect, 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~nGC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 31.4 Cutting and rernedial work shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger the Work. GC32 INSPECTION OF THE WORK 32.1 The Owner and the Architect or their authorized agents or representatives shall at all times have access to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Architect or their authorized agents or representatives shall be given access to such work whenever it is in progress. 32.2 If work is designated for special tests, inspections or approvals in the Contract Documents, or by the Architect's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Architect timely notice requesting inspection. Inspection by the Architect shall be made promptly. The Contractor shall arrange for inspections by other authorities and shall give the Architect timely notice of the date and time. good such work at his own expense. with the requirernents of the Contract Documents, the Owner shall pay the cost of examination aod 32,5 The Contractor shall fureish promptly to the Architect two (2) copies of certificates and msoectioo reports GC33 REJECTED WORK which has been rcjected Dy tile Arr:hitect as fading to conform Id the Coati,act Documents shall be removed promptly from the PI;me of tim Work by tim Contractor ami replaced or re executed lrromptly in 33,2 Other Contractors' work destroyed or damaged by such rern~vals or ~eplacements shall be made good 333 if in the opinion uf the Architect it is not expedient to correct defective work or work not performed in in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Architect GC34 SHOP DRAWINGS 34.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided hy the Contrac:tor to illustrate details of a portion of the Work. 34.3 Prior to submission to the Architect the Contractor shall review all shop drawings. By this review the critoria, materials, catalogue numbers and similar data or will do so and that he has checked and co ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date and signature of a responsible Contractor or the Architect so requests they shall jointly prepare a schedule fixing the dates for submission 34.5 The Architect will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Architect's review will be for con fortuity to the design concept and for general arrangement only and such review shall not relieve the Con- tractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all re writing by the Architect. 34.6 The Contractor shall make any changes in shop drawings which the Architect may require consistent with Contractor shall notify the Architect in writing of any revisions otheJ than those requested by the Ar- chitect. GC 35 35.1 35.2 CASH ALLOWANCES The Contract Price includes cash allowances stated in the Contract Documents. Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. 35.3 The Contract Price, and not the cash allowance, iochldes the Co~tractoFs overhead and profit in connection with snch cash allowance. 35.4 Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incarred and substantiated plus an allowance for overhead and profit as set allowance. 35.6 Progress payments on account of work aethorized under cash allowances shall be included in the Architect's monthly certificates for payment. · 35.7 A schedule shall be prepared Iointly by the Architect and Contractor to show when items called for under cash allowances must be authorized by tile Architect for ordering purposes so that the progress of the Work will not be delayed. GC36 CONTINGENCY ALLOWANCE 36.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 36.2 Expenditures under the contingency allowance shall be authorized in accordance with the procedures provided inGC 11 - CHANGES IN THE WORK, and evaluated underGC 12 - VALUATION ANDCER- TIFICATION OF CHANGES IN THE WORK. 36.3 The Contract Price shall be adjusted by written order to provide for any excess or deficit in the contingency allowance. APPENDIX I SPECIFICATIONS INDEX NO. OF PAGES BIDDING AND CONTRACT REQUIREMENTS Instructions to Bidders Tender Form Supplementary Tender Form - Architectural Tender Form - Supplementary Mechanical Tender Form - Supplementary Electrical Supplementary Conditions 3 7 5 SPECIFICATIONS DIVISION 1 Section 01010 Section 01020 Section 01060 Section 01070 Section 01100 Section 01300 Section 01500 Section 01700 GENERAL REQUIREMENTS Summary of Work Allowances Regulatory Requirements List of Abbreviations of Specifying Authorities Substitutions Submittals Construction Facilities Contract Closeout Warranty Form (Specimen) 1 3 3 3 2 1 DIVISION 2 Section 02100 Section 02200 Section 02410 Section 02530 SITEWORK Site Development Earthwork Subdrainage Tennis Court Paving 30 7 3 4 Page i of 5 INDEX (cont'd) DIVISION 3 Section 03300 Section 03340 Section 03345 Section 03450 CONCRETE Cast-In-Place Concrete Concrete Rink Slab Concrete Floor Cures & Finishes Architectural Precast Concrete NO, OF PAGES 23 5 4 7 DIVISION 4 Section 04200 MASONRY Unit Masonry 17 DIVISION 5 Section 05100 Section 05161 Section 05200 Section 05300 Section 05350 Section 05999 METALS Structural Steel Space Frame Open Web Steel Joists Steel Decking Composite Steel Decking Miscellaneous Metals 5 6 4 3 3 10 DIVISION 6 Section 06100 Section 06125 Section 06150 Section 06200 DIVISION Section Section Section Section Section Section Section Section Section 7 07125 07150 07160 07210 07250 07400 07550 07810 07900 WOOD AND PLASTIC Rough Carpentry Wood Decking Rink Boards Finish Carpentry THERMAL AND MOISTURE PROTECTION Elastomeric Waterproofing Capillary Concrete Waterproofing Bituminous Dampproofing Building Insulation Sprayed Fireproofing Preformed Metal Cladding Protected Membrane Roofing Skylights Joint Sealants 5 1 4 6 3 3 2 4 4 6 10 3 5 Page 2 of 5 INDEX (cont'd.) DIVISION 8 Section 08100 Section 08360 Section 08700 Section 08800 DIVISION 9 Section 09250 Section 09300 Section 09510 Section 09660 Section 09900 DOORS AND WINDOWS Hollow Metal Doors and Pressed Steel Frames Special Doors Finishing Hardware Glazing FINISHES Gypsum Wallboard Tile Acoustical Ceilings Resilient Tile Flooring Painting NO. OF PAGES 22 6 28 6 7 5 6 3 8 DIVISION 10 Section 10150 Section 10200 Section 10500 Section 10800 Section 10850 Section 10999 DIVISION 11 Section 11400 SPECIALTIES Toilet Partitions Architectural Louvres Lockers Washroom Accessories Swimming Pool Equipment Manufactured Specialties EQUIPMENT Food Service Equipment 3 3 3 4 6 5 DIVISION 12 Section 12710 FURNISHINGS Arena Seating Page 3 of 5 INDEX (cont'd.) Section 12712 Telescopic Bleachers NO. OF PAGES 3 DIVISION 13 SPECIAL CONSTRUCTION (None on this project) DIVISION 14 CONVEYING SYSTEMS (None on this project) DIVISION Section 15 15010 15060 15180 15200 15400 15420 15650 MECHANICAL General MeChanical Provisions 39 Heating, Ventilation and Air Conditioning 35 Thermal Insulation Noise and Vibration Control Plumbing and Drainage Swimming Pools Systems Rink Refrigeration 8 10 25 22 11 Page 4 of 5 INDEX (cont'd.) DIVISION Section ]6050 16110 16120 16123 16140 16160 16170 16181 16190 ]6402 16420 16430 16440 16450 16460 16461 16470 16501 16510 16610 16613 16680 16721 16730 16740 16770 ]6775 16880 16 ELECTRICAL Electrical Bas'lc Materials and Methods Conduit Raceways Wires and Cables Miscellaneous Equipment Wiring Wiring Devices Panel Boards Disconnects Fuses Electrical Supporting Devices Underground Electrical Services Service Entrance Metering Primary Switchgear Grounding Power Transformer Distribution Transformer Secondary Switchboard Lamp, Ballasts, Accessories Luminaires Emergency System Package Battery Systems Testing of Electrical Systems Fire Alarm and Detection Systems Clock and Program System Telephone System Public Address Systems Miscellaneous Systems Radiant Heaters NO. OF 6 3 2 3 2 2 1 2 1 2 2 1 3 1 2 1 3 PAGES 3 8 7 2 5 1 1 2 1 2 2 END OF APPENDIX I Page 5 of 5 APPENDIX II DRAWING LIST ARCHITECTURAL DRAWING NO. TITLE REV. NO. DATE AiA A2A A3A A4A A5A A6A A7A A8A A9A AiOA A11A A12A A13A A14A A15A A16A A17A A18A A19A A20A A21A A22A A23A A24A A25A A26A Site Plan Foundation Plan/Detail Arena - First Floor Plan Swimming Pool Plan Tennis Court Building Plan Arena ~ Second Floor Plan Roof Plan Elevations Arena - Sections Sections. Pool, Mechanical, Tennis Workshop/Arena/Ice Machine Room - Wall Sections Arena/Lobby - Wall Sections Pool/Tennis Court - Wall Sections Tennis/Pool/Mechanical Room/Arena Wall/Sections Arena - Plan Details Details - Pool/Tennis Miscellaneous Details & Sections Arena - Section Details Pool Section Details Glazing & Glazing Details Pool Ramp/Pool Details Stair Details Stair Details Millwork Details Ceiling Plans Room Finish Schedule 20.5.82 31.5.82 20.5.82 20.5.82 21~.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 2O.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 20.5.82 STRUCTURAL S1 S2 S3 S4 S5 S6 S7 S8 S9 S10 Arena- Foundation & First Floor Framing Plan Swimming Pool Foundation Plan Tennis Court Foundation Plan Arena - Second Floor Framing Plan Arena - Roof Framing Plan Swimming Pool Second Floor and Roof Framing Plan Tennis Court Second Floor Plan and Roof Framing Plan Elevations Sections & Details I Sections & Details II June 82 June 82 June 82 June 82 June 82 June 82 June 82 June 82 June 82 June 82 APPENDIX II (cont'd) Drawing List Structural DRAWING NO. TITLE REV. NO. DATE Sll Sections & Details III S12 Sections & Details IV S13 Sections & Details V S14 General Notes. Schedules & Standards S15 Standards 1 June 82 1 June 82 I June 82 I June 82 1 June 82 SITE DEVELOPMENT SD1 Grading and Servicing SD2 Profiles & Cross Sections 4 June 8/82 1 June 8/82 MECHANICAL M1 M2 M3 M4 M5 M6 M7 M8 M9 MiO Mll M12 CSK 2 CSK-3A CSK-3B CSK-3C CSK-3D CSK~5 CSK-7 Site Plan - All legends Arena Floor Plan, Lower Level, Plumbing and Drainage and Fire Protection Arena Wing - Lower Level Heating and Ventilation Arena Floor Plan, Upper Level Mechanical Swimming Pool, Plumbing, Drainage and Fire Protection Swimming Pool, Heating Ventilation and Air Conditioning Tennis Court Mechanical Mechanical Room 1 Plan.. Mechanical Room I Section Arena Sections - Details Mechanical Pool Sections & Details - Mechanical Isometric of Refrigeration System and Details Schematics and Details, Mechanical Arena Floor Plan, Lower Level Rink Underfloor Heating System Partial Second Floor Plan Storm Drainage Revisions, Partial First Floor Plan Storm Drainage Revisions Partial Second Floor Plan Storm Drainage Revisions Partial First Floor Plan Storm Drainage Revisions Partial First Floor Plan Arena Storage Room (North Heating Revisions to Gas Pipe Size 1 Hay 27/82 1 May 27/82 I May 27/82 1 May 27/82 2 May 27/82 i May 27/82 1 May 27/82 2 May 27/82 2 May 27/82 1 May 27/82 i May 27/82 2 May 27/82 3 May 27/82 May 18/82 Jun 2/82 Jun 2/82 Jun 2/82 Jun 2/82 Jun 2/82 Jun 2/82 APPENDIX II (cont'd) Drawing List ELECTRICAL DRAWING'NO. TITLE E1 E2 E3 E4 E5 E6 E7 REV. NO. Site Plan and Legend Arena - Lower Levels - Lighting and Power Swimming Pool - Lighting & Power Tennis Court - Lighting & Power Arena - Upper Level - Lighting & Power Riser Diagrams & Schedules Riser Diagrams C C C C C C C DATE May 26/82 May 26/82 May 26/82 May 26/82 May 26/82 May 26/82 May 26/82