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