City of Thunder Bay
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Contract No.
Page 1 of 24
The Canadian Construction Documents Committee [CCDC] #14 Design-Build Stipulated Sum
Contract – Standard Construction Document, 2000 is modified as follows:
Article A-1 to A-8 inclusive:
Delete all references in the General Conditions to these Articles. The CCDC Agreement Form is not
part of this contract.
Refer to DEFINITIONS OF THE DESIGN-BUILD STIPULATED PRICE CONTRACT
Add the following definitions:
.24
Addendum
"Addendum" means an addition to or a change in the Contract Documents
that is issued by the Contract Administrator prior to the tender closing.
.25
Final Acceptance
a) In addition to all other prior requirements, Final Acceptance will not
occur until the Work has passed all inspections and testing requirements.
.26
Total Performance of the Work
Total Performance of the Work means when the entire Work, except those items
arising from the provisions of GC12.3 – WARRANTY, has been performed to the
requirements of the Contract Documents and is so certified by the Contract
Administrator.
In addition to all prior requirements, Total Performance will not occur until the
Work has passed all inspections and testing requirements.
.27
Contract Administrator
The Owner’s Representative for the project as per GC2.2 – OWNER’S
REPRESENTATIVE, with authority and responsibility for payment certification
and substantial performance certification as further defined herein.
City of Thunder Bay
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Contract No.
Page 2 of 24
Note to Project Engineer
If these General Conditions are to apply to work included in the ICI sector, add the following
definition:
.28
Fair Wage Policy and Schedule
References to Fair Wage Policy and Schedule means the Fair Wage Policy for
Industrial Commercial Institutional (ICI) Contracts as approved by Council of the
City of Thunder Bay. Fair Wage Schedule means the schedule of wages, benefits,
and hours of work as determined by the Fair Wage Committee and as amended
form time to time.
Modify the following Definitions:
The definition of "Sub-contractor" in Definition 18 is modified as follows: Add at
the end of this definition:
"which has been approved by the Contract Administrator.”
The definition of "Substantial Performance of the Work" in Definition 19 is
deleted and replaced by the following:
01) The Work is substantially performed:
1) when the Work, or a substantial part thereof has passed inspection (by the
Contract Administrator) and testing and is ready for use or is being used
for the intended purposes as certified by the Contract Administrator.
2) when the work to be performed under the Contract is capable of
completion or, where there is a known defect, correction is a cost of not
more than
i)
3% of the first $500,000 of the Contract price,
ii)
2% of the next $500,000 of the Contract price, and
iii)
1% of the balance of the Contract price
02) For the purposes of this Contract, where the Work or a substantial part thereof
is ready for use or is being used for the purposes intended and the remainder of
the Work cannot be completed expeditiously for reasons beyond the control of
the Design-Builder, or where the Owner and the Design-Builder agree not to
complete the Work expeditiously, the price of the services or materials
City of Thunder Bay
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Contract No.
Page 3 of 24
remaining to be supplied and required to complete the work shall be deducted
from the Contract price in determining substantial performance.
SECTION GC 1.1
CONTRACT DOCUMENTS
Subsection GC 1.1.9 is deleted, and replaced by the following:
GC 1.1.9
In the event of conflicts between the Contract Documents, the following
shall apply:
(a)
Constructed works take precedence over drawing dimensions and
details. Prior to fabrication of any item dependent upon accurate
dimensions or details of the constructed works, the Design-Builder
shall take field measurements of such constructed works;
(b)
figured dimensions shown on a drawing shall govern even though
they may differ from dimensions scaled on the same drawing;
(c)
drawings of a later date shall govern over those of an earlier date;
(d)
detailed drawings shall govern over general drawings;
(e)
specifications shall govern over drawings;
(f)
The Supplementary General Conditions shall govern over the
General Conditions; and
(g)
the executed agreement between the Owner and Design-Builder shall
govern over all documents.
Notwithstanding the foregoing, documents of later date shall always govern.
SECTION GC1.5
ASSIGNMENT
Subsection GC1.5.1 is amended by the addition of the following paragraph:
No assignment of this Contract in whole or in part shall be valid unless it shall contain a
provision that the funds to be paid to the assignee under the assignment are subject to the
prior lien for services rendered or material supplied for the performance of the work called
for in the Contract in favour of persons, firms, or corporations rendering such services or
supplying such materials.
SECTION GC2.1
CONSULTANT
Subsection GC2.1.1 is amended as follows:
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 4 of 24
2.1.1.3
add the following at the end of this line:
“…and the requirements of all applicable statutes, regulations, codes and
bylaws of all authorities having jurisdiction over the Work.”
2.1.1.13
revise “the issuance of certificates of payment…” to read
“the issuance of recommendations for payment…”
2.1.1.14
in the first line change “the requirements…” to read
“the technical requirements…”
in the second line change “the performance…” to read
“the technical performance…”
2.1.1.15
in the second line change “the performance…” to read “the technical
performance…”
2.1.1.18
is deleted in its entirety
2.1.1.19
is deleted in its entirety
SECTION GC2.2
OWNER’S REPRESENTATIVE
Section GC 2.2 is amended by the following additional subsection:
GC 2.2.5
The duties of the Owner’s representative shall include, but not be limited to:
.1 the issuance of certificates for payment in the value proportionate to the
amount of the Contract, for Work performed and Products delivered to
the place of Work;
.2 the determining of the date of Substantial Performance of the Work and
the issuing of a certificate attesting to same;
.3 the verification of the Design-Builder’s application for final payment and
the issuing of a certificate for payment.
SECTION GC2.3
REVIEW AND INSPECTION OF THE WORK
In subsection 2.3.8, delete “...for issuance of the building permit.”
SECTION GC2.4
DEFECTIVE WORK
Section 2.4 is amended by the following additional subsection:
City of Thunder Bay
Contract No.
GC2.4.4
SECTION GC3.1
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 5 of 24
The Consultant shall promptly advise the Contract Administrator, in writing,
of any and all defects and deficiencies observed in the Work as the Work
progresses. The Consultant shall also suggest methods of rectification of
defects and deficiencies.
CONTROL OF THE WORK
Section GC3.1 shall be renamed “Design-Builder’s Responsibility and Control of the Work” and is
hereby amended by the addition of the following sections:
GC3.1.3
The Design-Builder shall commence the Work within 7 days after receiving
Notice from the Contract Administrator. The Design-Builder will not
commence the work until the Contract has been officially accepted by the
Corporation, the Insurance Certificates and the Labour and Materials
Payment Bonds and the Performance Bonds are satisfactory to the
Corporation, and the Design-Builder has received Notice from the Contract
Administrator to commence the Work.
GC3.1.4
The Design-Builder shall provide for efficient drainage of all sections of the
Work during all stages of construction at his own expense. The DesignBuilder will be held responsible for all damage which may be caused
through his failure to provide proper drainage facilities. The Design-Builder
shall restore any existing drainage works which are disturbed as a result of
his construction activities.
GC3.1.5
In order to assist the Corporation in inspecting the progress of the work, the
Design-Builder shall prepare a Schedule of Work prior to starting the
Contract and shall revise the schedule weekly for any changes throughout
the Contract.
GC3.1.6
The Design-Builder shall be responsible for all layout and survey work
required to complete the Work, using the benchmarks and baselines
indicated on the drawings.
GC3.1.7
The Design-Builder shall be responsible for the preservation of all property
bars while the Work is in progress, except those property bars which must be
removed to facilitate the Work. Any property bars disturbed, damaged or
removed by the Design-Builders operations shall be replaced under the
supervision of an Ontario Land Surveyor, at no extra cost to the Owner
GC3.1.8
The Design-Builder will be held responsible for the preservation of all stakes
and marks in their proper positions and, where any of them are disturbed,
lost or destroyed, it shall at once notify the Contract Administrator in
writing, and all expenses incurred in replacing such stakes or marks will be
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 6 of 24
billed against the Design-Builder and, if not paid by the Design-Builder, will
be deducted from any monies due the Design-Builder under the Contract.
Should the Design-Builder discover or suspect any errors in stakes, lines, and
grades which have been established for its use, the Design-Builder shall at
once discontinue the work until such suspicions are investigated and any
errors or misunderstanding rectified, but no claims shall be made or allowed
on this account, or because of any resulting delay.
The Design-Builder shall assume full responsibility for alignment,
elevations, and dimensions of each and all parts of the Work, regardless of
whether the Design-Builder’s layout work has been checked by the Contract
Administrator.
The Design-Builder shall furnish the Contract Administrator or any of his
assistants with all reasonable help which may be required at any time in
checking the layout of the Work. The Design-Builder will receive no
additional compensation for this.
GC3.1.9
Maintaining Roadways and Detours, Railways and Waterways
Where an existing Roadway is affected by construction, it shall be kept
open to traffic, and the Design-Builder shall, except as otherwise provided
in this subsection, be responsible for providing and maintaining, for the
duration of the Work, a road through the Work, whether along an existing
Highway, including the road under construction, or on detours within or
adjacent to the Highway, in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD).
The Design-Builder shall not be required to maintain a road through the
Working Area until such time as the Design-Builder has commenced
operations or on any part of the Contract that has been accepted in
accordance with these General Conditions.
Where localized and separated sections of a roadway only are affected by
the Design-Builder’s Operations, the Design-Builder will not be required
to maintain intervening sections of the roadway until such times as these
sections are located within the limits of the roadway affected by the
Design-Builder’s general operations under the Contract. The DesignBuilder shall not be required to apply deicing chemicals or abrasives or
carry out snowplowing.
The Design-Builder will bear the cost of maintaining, in a satisfactory
condition for traffic, a road through the working area. The road through the
Work will include any detour constructed in accordance with the Contract
Documents or required by the Contract Administrator. Compensation for all
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 7 of 24
labour, equipment and materials to do this work and to maintain the road,
shall be considered to be included in the contract price.
Where work under the Contract is discontinued for any extended period
including seasonal shutdown, the Design-Builder shall, when directed by
the Contract Administrator, open and place the roadway and detours in a
passable, safe and satisfactory condition for public travel.
Where the Design-Builder constructs a detour which is not specifically
provided for in the Contract Document, or required by the Contract
Administrator, the construction of the detour and, if required, the
subsequent removal, shall be performed at the Design-Builder’s expense.
The detour shall be constructed and maintained to structural and geometric
standards approved by the Contract Administrator. Removal shall be
performed as directed by the Contract Administrator.
Where, with the written approval of the Contract Administrator, a roadway
is closed and the traffic diverted entirely off the roadway to any other
roadway, the Design-Builder shall, at no extra cost to the Owner, supply
and erect traffic control devices in accordance with the MUTCD.
Compliance with the foregoing provisions shall in no way relieve the
Contractor of obligations under General Conditions, Part 9, Protection of
Persons and Property, dealing with the Design-Builder’s responsibility for
damage claims, except for claims arising on sections of Highway within
the Working Area that are being maintained by others.
In order to satisfy the Corporation that the Design-Builder has addressed
concerns regarding traffic control and safety it will be required to submit a
sketch indicating its proposed method of barricades and/or signage for each
of the work sites included in the Contract. This information shall be
available for review and approval by the Contract Administrator at the
Contract pre-construction meeting.
The Design-Builder shall carry out all works, including temporary works,
necessary to maintain the operation of all railways and waterways affected
by the Work and to the standards and requirements of the respective owners
and regulatory bodies concerned.
GC3.1.10
Accessibility for Ontarians with Disability Act, Reg. 429/07
Subsection GC3.1.10 is added:
Prior to the commencement of work under this contract, the Contractor
shall also furnish evidence of compliance with requirements of the
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 8 of 24
Accessibility for Customer Service Regulation 429/07, Section 6; Training
for Staff. The City may, at its discretion, provide such training if the
contractor is required to meet the requirements of Regulation 429/07 on
and after January 1, 2012.
SECTION GC3.5 - CONSTRUCTION SAFETY
Subsection GC3.5.1 is deleted, and replaced with the following paragraphs:
GC3.5.1
The Design-Builder shall be solely responsible for construction health and
safety within the working areas and for compliance with the Occupational
Health and Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Design-Builder’s responsibility, the DesignBuilder, by executing the Contract unequivocally acknowledges that the
Design-Builder is the Constructor within the meaning of the Act.
GC3.5.2
The Design-Builder shall also work in accordance with the City of Thunder
Bay’s Policy on Contractor Safety:
CITY OF THUNDER BAY POLICY ON CONTRACTOR SAFETY
POLICY STATEMENT:
All contractors, Design-Builders or, land developers working on municipal
projects are required to work in compliance with the Ontario Occupational
Health and Safety Act and Regulations. All contractors working on City
streets and roads shall comply with the Ministry of Transportation Traffic Control Manual for Roadway Work Operations.
Failure to comply shall be considered a breech of contract and may result
in work stoppage, Ministry of Labour involvement, or in termination of
the contract.
CONTRACTOR SAFETY DEFICIENCIES WILL BE ADDRESSED BY
THE CITY IN THE FOLLOWING PROGRESSIVE STEPS:
1. The problem shall be identified to the contractor (site supervisor).
2. The Design-Builder’s head office shall be contacted about the problem
orally and, later, in writing.
3. If the problem remains unresolved then the Ministry of Labour shall be
notified of the violation and if necessary the work shall be stopped
until the problem is corrected.
4. The contract may be terminated by the City.
City of Thunder Bay
Contract No.
SECTION GC3.6
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 9 of 24
- SUPERVISOR
Section GC3.6 is amended by adding the following paragraph:
GC 3.6.3
SECTION GC3.8
To co-ordinate the work, the Design-Builder or a person authorised to act for
the Design-Builder will attend regular meetings with the Contract
Administrator or his representative during the period over which the work
under the Contract is carried out, at a time and place to be decided by the
Contract Administrator.
- LABOUR AND PRODUCTS
Section GC3.8 is amended by the addition of the following paragraphs:
GC3.8.4
The Design-Builder shall not employ or hire any City employees who are
employed in the Infrastructure & Operations Department.
GC3.8.5
The labour conditions in this Contract are subject to The Industrial Standards
Act and the Regulations made thereunder. The wage rates set out in the
Roads and Structures and Sewer and Watermain Fair Wage Schedule have
been established for a 1 year period commencing on the first day of April
and are subject to change annually on that date. Any increase in costs
incurred by a change in the wage rates shall be borne by the Design-Builder.
GC3.8.6
For the purpose of these Labour Conditions "Work on Roads" includes the
preparation, construction, finishing and construction maintenance of roads,
streets, highways, and parking lots and includes all work incidental thereto
other than work on structures. "Work on Structures" includes the
construction, reconstruction, repair, alteration, remodelling, renovation or
demolition of any bridge, tunnel or retaining wall and includes the
preparation for and the laying of the foundation of any bridge, tunnel or
retaining wall and the installation of equipment and appurtenances incidental
thereto, provided, however, that the Minister of Labour, Ontario, may at their
sole discretion determine whether any particular Work is to be classified as
"Work on Roads" or as "Work on Structures" and such decision may be
made notwithstanding the definition herein.
GC3.8.7
The regular Work week for a person employed on Work being done under
this Contract shall not exceed 55 hours and all time worked by such person
in excess of 55 hours a week shall be overtime, except that part of the hours
of Work in excess of 55 hours a week which, together with the hours worked
in the preceding week, do not exceed 55 hours.
City of Thunder Bay
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Contract No.
Page 10 of 24
GC3.8.8
Every person employed by the Design-Builder or a sub-Contractor or other
person to do any part of the Work contemplated by this Contract shall be
paid while employed on such Work at not less than the wage rates set out in
the Roads and Structures Fair Wage Schedule for the appropriate
classification of such Work or not less than such other wage rates as, during
the continuance of the Work, are fixed by the Minister of Labour, Ontario,
for hours of Work that are not overtime and shall be paid not less than 1.5
times such wages for all hours of Work that are overtime.
GC3.8.9
Notwithstanding that a Design-Builder pays wages in excess of the wage
rates set out in the Roads and Structures Fair Wage Schedule hereunder, he
shall not, in computing overtime wages payable to an employee, set off
against such overtime wages any part of the wages earned by the employee
in respect of his/her regular work period.
GC3.8.10
Decision by Minister of Labour
Where there is no appropriate classification set out in the Roads and
Structures Fair Wage Schedule for any particular class of Work, the Minister
of Labour, Ontario, may designate or establish the appropriate classification
and the wage rate.
The Design-Builder, upon receipt of Notice of any decision of the Minister
of Labour, Ontario, made under this Contract, shall immediately adjust the
wage rates, hours and classification of Work so as to give effect to such
decision.
GC3.8.11
Fair Wage Schedule to be Posted
The Design-Builder shall post prominently and maintain on the site of the
Work legible copies of these Labour Conditions, including the Roads and
Structures Fair Wage Schedule and any amendments thereto.
GC3.8.12
Design-Builder to keep Records which are to be Open for Inspection
The Design-Builder shall keep proper books and records showing the names,
trades, addresses and hourly wage rates of all employees in his employ and
the wages paid to and time worked by such employees both at regular wage
rates and at overtime wage rates, and the books or documents containing
such records shall be open for inspection by Officers of the Ministry of
Labour, Ontario, at any time it may be expedient to the Minister of Labour to
have the same inspected.
Note to Project Engineer
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Page 11 of 24
If these General Conditions are to apply to work included in the ICI sector, add the following
clause:
GC3.8.13
Fair Wage Policy – I.C.I. Sector Projects
The labour conditions in this Contract are subject to the City of Thunder Bay
Fair Wage Policy and associated Fair Wage Schedule current at the time
tenders are closed for this contract. Copies of both the current Fair Wage
Policy and Schedule are available from the Transportation and Works
Department and/or from the City’s web site. The Contractor is responsible
for ensuring that all Sub-Contractors are aware of and have received a copy
of the Fair Wage Policy and Schedule.
Notwithstanding that a Contractor pays wages in excess of the wage rates set
out in the Fair Wage Schedule hereunder, he shall not, in computing
overtime wages payable to an employee, set off against such overtime wages
any part of the wages earned by the employee in respect of his/her regular
work period.
Fair Wage Schedule to be Posted … the Contractor shall post prominently
and maintain on the site of the Work, legible copies of the Fair Wage Policy
and Fair Wage Schedule and any amendments thereto.
Contractor to keep Records which are Open for Inspection … The
Contractor shall keep proper books and records as prescribed in the Fair
Wage Policy and make these records available for inspection by
SECTION GC3.11 - USE OF THE WORK
GC3.11 is amended by the addition of the following subsections:
GC3.11.3
The Design-Builder shall maintain the Working Area in a tidy condition and
free from the accumulation of debris.
GC3.11.4
The Design-Builder shall ensure that during night work the site of the Work
is adequately floodlit to the Contract Administrator's satisfaction.
GC3.11.5
Streets beyond the limits of the work and other construction areas shall be
kept clean. Dusty materials shall be transported in covered haulage vehicles.
Wet materials shall be transported in suitable watertight haulage vehicles.
GC3.11.6
The Design-Builder shall take such steps as may be required to prevent dust
nuisance resulting from its operations either within the limits of the work or
elsewhere or by public traffic where it is the Design-Builder’s responsibility
to maintain a roadway through the Work.
City of Thunder Bay
Contract No.
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
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GC3.11.7
Where the Work requires the sawing of asphalt or the sawing or grinding of
concrete, blades and grinders of the wet type shall be used together with
sufficient water to prevent the incidence of dust, wherever dust would affect
traffic or wherever dust would be a nuisance to residents of the area where
the Work is being carried out.
GC3.11.8
Permitted dust control measures may include the application of calcium
chloride, or water. More frequent applications of water should be employed
in close proximity to watercourses.
GENERAL CONDITIONS, PART 5, PAYMENT
Section GC5.2.1 is deleted, and replaced with the following:
GC5.2.1
Application for payment on account as provided in Article A-5 of the
Agreement – PAYMENT may be made monthly as the Work progresses,
and in accordance with subsections GC5.2.1.1 to GC5.2.1.3 which follow:
GC5.2.1.1
Notwithstanding Paragraph GC5.2.7 the Owner may withhold any or all
payments to the Design-Builder or portions thereof in circumstances where
the Design-Builder is considered by the Owner or Contract Administrator to
be unreasonably in default of specified times for completion of the Work.
GC5.2.1.2
The Design-Builder shall furnish the Contract Administrator with
satisfactory evidence in the form of a W.S.I.B. Certificate of Clearance that
he has made suitable provision for meeting any liability under the Worker's
Safety & Insurance Board Act of Ontario, prior to the release of any
monthly progress payment.
GC5.2.1.3
The Design-Builder shall furnish the Contract Administrator with a Statutory
Declaration that all liabilities incurred by the Design-Builder and its SubContractors in carrying out the Contract have been discharged and that all
liens in respect of the Contract have expired or have been satisfied,
discharged or provided for by payment. The Statutory Declaration shall be
provided prior to all monthly progress payments except the first one.
GC5.2.4
Substitute “Contract Administrator” for “Consultant”.
GC5.2 shall be amended with the addition of the following:
GC5.2.7
Applications for payment on account may be made monthly as the Work
progresses. Three (3) copies of each progress payment application shall
be delivered to the Contract Administrator by the Design-Builder. Upon
City of Thunder Bay
Section 00800
C.C.D.C. 14 - Supplementary General Conditions
for use with Design Build Contracts
Contract No.
Page 13 of 24
receipt of a progress payment certificate approved by the Contract
Administrator, the Owner will process the payment to the Design-Builder.
SECTION GC5.3
PROGRESS PAYMENT
Substitute “Contract Administrator” for “Consultant” throughout GC 5.3.1 and GC 5.3.2.
Notwithstanding the provisions of Article A5 - Payment, GC5.3.2 is amended by the addition of
the following paragraphs:
a) The Design-Builder shall furnish the Contract Administrator with satisfactory evidence in the
form of a W.S.I.B. Certificate of Clearance that he has made suitable provision for meeting
any liability under The Worker's Safety & Insurance Board Act of Ontario, prior to the
release of any monthly progress payment.
b) The Design-Builder shall furnish the Contract Administrator with a Statutory Declaration that
all liabilities incurred by the Design-Builder and its Sub-contractors in carrying out the
Contract have been discharged and that all liens in respect of the Contract have expired or
have been satisfied, discharged or provided for by payment. The Statutory Declaration shall
be provided prior to all monthly progress payments except the first one.
c) In addition to any other holdback required by statute or otherwise agreed by the Parties, the
Owner will retain, until expiry of the warranty referred to in GC12.3, money in the amount
calculated pursuant to paragraphs (d) and (e) hereof which money may be applied by the Owner
in whole or in part in order to reimburse the Owner for losses, costs incurred or funds expended
by the Owner as a result of default by the Design-Builder respecting the warranty obligations of
the Design-Builder set out in the Contract.
d) The said holdback for warranty obligations referred to in the preceding paragraph shall be first
retained by the Owner when the Contract Administrator certifies that Work to the value of 70%
of the Contract Price has been performed and shall be calculated and shown as an amount to be
retained in the monthly applications for payment by the Design-Builder in succeeding
applications, commencing when the Design-Builder makes his first application for payment on
the basis that work to the value of 70% of the Contract price has been performed.
e) A Maintenance Security Holdback will be calculated in accordance with the following Table:
Contract Value
Amount of Maintenance Security Holdback
less than $300,000
$300,000 - 800,000
$800,000 - 1,500,000
greater than $1,500,000
2% of Contract value
$10,000
$15,000
1% of Contract value
City of Thunder Bay
Contract No.
Section 00800
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for use with Design Build Contracts
Page 14 of 24
The Maintenance Security Holdback is in addition to any other rights or remedies of the Owner
in respect to the correction of the Design-Builder’s default of the Design-Builder’s warranty
obligations.
f) Some portions of the Work have an extended warranty. A proportionate amount of the
Maintenance Security Holdback will be retained until expiry of the extended portions.
SECTION GC5.4
SUBSTANTIAL PERFORMANCE OF THE WORK
Throughout this section replace “Consultant” and “Owner and Consultant” with “Contract
Administrator”.
SECTION GC5.7
FINAL PAYMENT
In subsection 5.7.2, replace “Consultant” with “Contract Administrator” in each case.
SECTION GC5.8
WITHHOLDING OF PAYMENT
In subsection 5.8.1, replace “Consultant” with “Contract Administrator” in each case.
General Conditions, PART 5, PAYMENT is further amended by the addition of the following
heading and paragraph:
GC5.10 - INTEREST
GC5.10.1
Notwithstanding the provisions of Article A5 Payment, section 5.3,
the Owner is not liable to pay interest on any amount which may at
any time become payable to the Design-Builder under this Contract
whether or not the payment is in default and whether or not any
action or other proceeding has been commenced in respect thereof.
GENERAL CONDITIONS, PART 6, CHANGES IN THE WORK
Throughout Part 6, Changes in the Work, “Change Directive” shall have the same meaning
as “Field Instruction”.
SECTION GC6.1
Changes
Section GC6.1 is deleted and replaced by the addition of the following:
GC6.1.3
When the valuation of a change in the work is to be determined
either by estimate and acceptance in a lump sum, or by cost and
fixed, or, percentage fee, the valuation shall be in accordance with
the following:
City of Thunder Bay
Contract No.
GC6.1.3.1
Section 00800
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Mark Up
Cost of net increases to contract value due to changes in the work shall be
marked up as follows:
(a) Design-Builder’s Own Work: 10% overhead and 5% fee.
(b) Sub-contractor’s Own Work: 10% overhead and 5% fee.
(c) Sub-contractor’s Work: Design-Builder’s fee is 5%.
Costs for decreases in the work shall be subject to credit of mark up in
accordance with the above-noted schedule of percentages.
GC6.1.3.2
Substantiation
When requested, the Design-Builder shall submit details, quantities,
prices and fees, together with substantiating documentation.
GC6.1.3.3
Time for Submission and Acceptance of Quotation
The Design-Builder shall co-operate in the pricing of changes by
submitting quotations within 10 days of the Contract Administrator’s
request. Quotations shall remain open for acceptance for 21 days
from the date of submission.
GC6.1.7
Other Methods for the Valuation of Changes
The Contract Administrator shall determine the amount, if any, to be
added to, or deducted from, the sum named in the Tender, in respect of
any changes ordered. All such work shall be valued at the prices set out in
the Form of Tender and the Schedule of Additional Unit Prices, if such are
applicable in the opinion of the Contract Administrator.
If this Contract does not contain any prices applicable to changes
requested, then the Design-Builder and Contract Administrator may agree
on a price, which shall be comparable to prices quoted on work of a
similar nature.
Valuation methods presented in the construction documents are mutually
exclusive in terms of their application.
SECTION GC6.3
Change Directive
Subsection 6.3.6 is amended by replacing “...the Consultant for determination” to “Dispute
Resolution as set out in GC Part 8”.
Section GC6.3 is amended by the addition of the following:
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Section 00800
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Contract No.
GC6.3.8
Page 16 of 24
Upon receipt of a Change Directive, the Design-Builder may be directed,
by either the Owner, or the Contract Administrator, to proceed with extra
work on the basis of daily force account sheets provided:
i)
pre-approved, all inclusive, labour, material, and equipment rental
charge out unit rates are on file with the Contract Administrator;
ii)
daily force account sheets outlining, as a minimum, the unit
quantities used for the day, field instruction number, project name,
and date, are provided to the Contract Administrator for signature,
and records, on a daily basis, for work completed on the previous
working day;
iii)
Work to proceed on the basis of daily force account sheets only
after the Contract Administrator has issued the Design-Builder a
written, and numbered, change directive, or field instruction, to
proceed with the extra work.
“Daily force account sheet” shall have the same meaning as “daily extra
work order sheet”, “daily work records” or “daily time sheet.”
Whenever extra work is being performed in accordance with GC6.3.8, the
Design-Builder shall submit daily force account sheets for approval to/by
the Contract Administrator showing the quantities of labour, materials and
equipment used directly in carrying out each order for work on the
preceding day, together with substantiating documentation. No claim for
compensation for extra work will be considered in absence of such force
account sheets. The Contract Administrator will not allow any compensation for the cost of repairs to equipment or for damage to anything used
in performing such extra work.
The Design-Builder shall not be entitled to interest on any bill for extra
work on account of delay in its approval by the Contract Administrator, or
the Corporation.
SECTION GC6.5
Delays
Section GC6.5 is amended by the addition of the following:
GC6.5.6
If the Design-Builder is delayed in the performance of the Work by:
a) abnormal inclement weather; or
b) archaeological finds;
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then the Design-Builder shall not be reimbursed by the Owner for any
costs incurred by the Design-Builder as the result of such delay. Any
delay in the performance of the work shall be considered for the
extension of Contract Time only.
In the case of an application for an extension due to abnormal inclement
weather, the Design-Builder shall, with the Design-Builder’s application,
submit evidence from Environment Canada in support of such
application. Extension of Contract Time will be granted in accordance
with subsection GC6.5.3.
GC6.5.7
If the Design-Builder’s operations expose any items which may indicate an
archaeological find, such as building remains, hardware, accumulations of
bones, pottery, or arrowheads:
a) The Design-Builder shall immediately notify the Contract Administrator
and suspend operations within the area identified by the Contract
Administrator. Work shall remain suspended within that area until
otherwise directed by the Contract Administrator in writing.
b) Any delay in the completion date of the Contract that is caused by such a
cessation of construction operations will be considered to be beyond the
Design-Builder’s control in accordance with of Subsection GC6.5.3
c) Any additional work directed or authorised by the Contract
Administrator with regard to an archaeological find will be considered as
Extra Work in accordance with Section GC6.5.3.
GC6.5.8
The Design-Builder shall not have any claims for compensation or damages
against the Corporation for any stoppage or delay from any cause whatever,
whether such stoppage or delay shall be caused by or result from the action
or neglect of any other Contractor, or shall be caused by or result from the
work being taken out of the hands of the Design-Builder, or any other
Contractor, by the Corporation under the provisions of this Contract made
with such other Contractor.
GC6.5.9
The Owner is not liable to pay Standby Time for any labour or equipment
rental under this Contract.
GC6.5.10
Time shall be strictly of the essence of this Contract.
GC6.5.11
The Design-Builder shall complete this Contract in its entirety by the
completion date specified in the Agreement.
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Contract No.
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If the time limit specified is not sufficient to permit completion of the Work
by the Design-Builder working a normal number of hours each day or week
on a single daylight shift basis, it is expected that additional and/or
augmented daylight shifts will be required throughout the life of the Contract
to the extent deemed necessary by the Design-Builder to ensure that the
Work will be completed within the time limit specified.
GC6.5.12
An extension of time may be granted in writing by the Contract Administrator
in his sole discretion in the event of the Work being delayed beyond the
prescribed time for completion. Such extension shall be for such time as the
Contract Administrator may prescribe and the Contract Administrator shall
fix the terms on which such an extension may be granted. An application for
an extension of time shall be made in writing by the Design-Builder to the
Owner at least 60 days prior to the date of completion fixed by the Contract.
The date of expiry of all Bonds and other Surety furnished to the Owner by
the Design-Builder shall be extended at the expense of the Design-Builder.
GC6.5.13
Any extension of time that may be granted to the Design-Builder shall be so
granted and accepted without prejudice to any rights of the Owner
whatsoever under this Contract and all of such rights shall continue in full
force and effect after the time limited in this Contract for completion of the
work and whenever in this Contract, power or authority is given to the
Owner or the Contract Administrator or any person to take any action
consequent upon the act, default, neglect, delay, breach, non-observance or
non-performance by the Design-Builder in respect of the Work or Contract
of any portion thereof, such powers or authorities may be exercised from
time to time, and not only in the event of the happening of such
contingencies before the time limited in this Contract for the completion of
the Work but also in the event of the same happening after the time so
limited in the case of the Design-Builder being permitted to proceed with the
execution of the Work under an extension of time granted by the Owner. In
the event of the Owner granting an extension of time, time shall continue to
be deemed strictly of the essence of this Contract.
GC6.5.14
Liquidated Damages
It is agreed by the Parties to the Contract that, in case all the Work called for
under the Contract is not finished by the completion date specified in the
Agreement or as amended by the Contract Administrator, damage will be
sustained by the Owner, and that it is and will be impracticable and extremely
difficult to ascertain and determine the actual damage which the Owner will
sustain in the event of and by reason of such delay and the Parties therefore
agree that the Design-Builder will pay to the Owner the sum of $__________
per day for Liquidated Damages for each and every calendar day's delay in
completing the Work beyond the date of completion prescribed and it is
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agreed that amount is an estimate of actual damage to the Owner which will
accrue during the period in excess of the prescribed date of completion.
The Owner may deduct any amount under this paragraph from any monies
that may be due or payable to the Design-Builder on any account whatsoever.
The Liquidated Damages payable under this paragraph are in addition to and
without prejudice to any other remedy, action or other alternatives that may
be available to the Owner.
GC6.5.15
The Design-Builder shall not be assessed with Liquidated Damages for any
delay caused by Acts of God, or of the Public Enemy, Act of the Corporation,
the Contract Administrator, or of any Foreign State, Fire, Epidemics,
Quarantine Restrictions, Embargoes, or Delays of Sub-Contractors due to such
causes. If the Contractor is delayed by reason of alterations or changes made
under GENERAL CONDITIONS OF THE STIPULATED PRICE
CONTRACT, PART 6, GC6.1 CHANGES, the time of completion shall be
extended as determined by the Contract Administrator in his sole discretion.
SECTION GC 7.1 - OWNER’S RIGHT TO PERFORM WORK OR STOP THE WORK
OR TERMINATE CONTRACT
Subsections GC7.1.2 and GC7.1.3 are amended as follows:
GC7.1.2
Change reference from five (5) to three (3) working days.
GC7.1.3
Change reference from five (5) to three (3) working days.
Section GC7.1 is amended by the addition of the following paragraphs:
GC7.1.7
The Contract Administrator may stop any portion of the Work, if in his
judgement the weather is such as to prevent the Work being properly done.
No compensation of any kind will be made for such stoppage except an
extension of time for the completion of the Work as provided in GC6.5.3.
GC7.1.8
The Design-Builder shall, upon written notice from the Contract
Administrator, discontinue or delay any or all Work of base, foundation, or
paving construction on any section of any road or highway, if, in the opinion
of the Contract Administrator, the foundation is not sufficiently compacted
or settled for surfacing of the Work in question, and the Work shall not be
resumed until the Contract Administrator shall in writing so direct, and the
Design-Builder shall not be entitled to any compensation for such stoppage
or delay to the Work, other than an extension of time.
City of Thunder Bay
Contract No.
SECTION GC8.1
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AUTHORITY OF THE CONSULTANT
Revise this Section Heading to read:
SECTION GC8.1
AUTHORITY OF THE CONTRACT ADMINISTRATOR
In subsection 8.1.1, starting on the third line, replace:
“…the Consultant as provided in GC2.1 - CONSULTANT” with “ …the Contract Administrator”.
In subsection 8.1.2 replace “the Consultant” with “the Contract Administrator” and replace “the
Consultant’s” with “the Contract Administrator’s”.
SECTION GC8.2
NEGOTIATION, MEDIATION AND ARBITRATION
In subsection 8.2.2, replace “...the Consultant under GC 2.1 – CONSULTANT” with “…the
Contract Administrator”.
In subsection 8.2.2 in the fourth line, delete “and to the Consultant”.
SECTION GC9.1 - PROTECTION OF WORK AND PROPERTY
Section GC9.1 is amended by the addition of the following subsections:
GC9.1.4
When carrying out excavation work, the Design-Builder may encounter such
underground utilities as sewers, gas mains, telephone cables, power cables
and watermains. The Design-Builder shall be fully responsible for any
breakage or damage to such utilities, and the Design-Builder shall pay the
full cost of repairing such damages and making good any losses or damages
which are caused as a result of his operation in carrying out this Contract.
GC9.1.5
It shall be the Design-Builder’s responsibility to obtain written permission
and to make any required arrangements with the Owners of any adjacent
properties which the Design-Builder may encroach.
GC9.1.6
The Design-Builder shall furnish and bear the cost of any watchman he
may require for protection to perform this Contract except as provided in
paragraph GC10.2.6
GC9.1.7
The Design-Builder shall protect and be fully responsible for any overhead
utilities or appurtenances associated with the execution of the Work. Any
damage to overhead equipment shall be repaired at the expense of the
Design-Builder.
City of Thunder Bay
Contract No.
SECTION GC10.2
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LAWS, NOTICES, PERMITS AND FEES
Note to Project Engineers: GC 10.2.2 will prompt a contractor to charge a fee of $9/$1000
(current 2003 rate) of contract value to cover the cost of the building permit. In cases
where a building project also includes the supply and installation of process equipment, it
is strongly suggested that the cost of the building permit be dealt with by a cash allowance.
The City of Thunder Bay Development Department is receptive to charging building
permit fees on the cost of the building only, less the cost of process-related equipment. In
almost every case where the cost of process equipment is deducted from the project total
cost, significant cost savings related to building permit fees can be realized. Project
Engineer to negotiate the cost of the building permit with the Manager of Plans
Examination and Permits prior to the time of tender to establish the value of the cash
allowance to be carried.
Where building permit fees are dealt with by cash allowance, be sure to include a
specification section (normally 01210), which states what the cash allowances and
contingencies are and how they are to be expended.
Subsection GC10.2 is amended by the addition of the following paragraphs:
GC10.2.6
When construction affects railway property, the Design-Builder will pay the
costs of all flagging and other traffic control measures required and provided
by the railway company within the Working Area.
GC10.2.7
The Design-Builder will notify, obtain inspections and approvals from, and
co-operate with other organizations involved or affected by the Work, such as
telephone, light and power, gas, railway companies and government agencies.
Any utility or other appurtenance relocations required for the Work shall be
arranged by and paid for by the Design-Builder.
SECTION GC11.1 - INSURANCE
Section GC11.1 in amended as follows:
Amend all clauses/paragraphs of Section GC11.1 to provide a minimum limit of not less
than five million dollars ($5,000,000.00) per occurrence. All forms of insurance to be
endorsed to provide the owner with not less than thirty (30) days written notice in advance
of any cancellation, change or amendment restriction coverage. Prior to the commencement
of any work under this Contract the Design-Builder shall file with the City, to the attention
of the City Clerk, Certificates evidencing full compliance with the above clauses, in
accordance with the prescribed Certificate which is located after the "Tender Form" in the
documents.
Subsection GC11.1.1.1 is replaced by the following:
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11.1.1.1 General Liability Insurance:
The Contractor shall obtain and maintain Comprehensive General Liability
Insurance against Bodily Injury and Property Damage claims with respect to all
work to be performed under this Contract. Such Insurance shall:
a) be in the joint names of the Design-Builder, the Corporation of the City of
Thunder Bay, the Consultant, and all sub-Contractors of the above employed
directly or indirectly in the work to be performed;
b) contain a Cross Liability Clause;
c) include coverage for:
i)
ii)
iii)
iv)
v)
vi)
Completed Operations, which coverage shall be maintained
continuously in force for a period of not less than 24 months from
the date of the Certificate of Total Performance of the Work, and
thereafter to be maintained for a further period of four (4) years;
Blanket Contractual Liability;
Contingent Employers Liability;
Non-owned Automobile Liability;
Broad Form Property Liability;
Excavation;
d) where applicable, include coverage for:
i)
ii)
iii)
iv)
v)
vi)
Underpinning, shoring
Demolition
Building raising or moving
Blasting or the Use of Explosives
Tunnelling
Pile driving, caisson work
e) Five-million dollars ($5,000,000.00) inclusive per occurrence.
Subsection GC11.1.5 Property and Boiler and Machinery Insurance is amended by the addition of
the following paragraph:
(7)
Property and Boiler insurance is required only if the Contract includes the
construction of, or alterations to, a bridge, dam, culvert or building.
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Subsection GC11.1.10 is added as follows:
a) It shall be the duty of the Design-Builder to fully comply with the terms and
conditions of the Liability Insurance coverage, including, without limiting the
generality of the foregoing, the requirement to promptly report claims to the Insurer.
b) The Design-Builder shall also promptly notify the Contract Administrator of all such
claims in writing.
c) If a claim is settled, the Design-Builder shall thereupon provide the Contract
Administrator with a copy of the Claimant's Release.
d) If a claim is rejected, the Contract Administrator shall be notified at the time of
rejection.
e) The Contract Administrator shall be provided full information as to such claims at
all times as the Contract Administrator may require and in any event should 30 days
elapse after the claim has been received by the Design-Builder and the DesignBuilder is not able to report settlement or rejection of the claim, the Design-Builder
will provide a full report to the Contract Administrator as to the status of and steps
being taken with respect to the claim.
SECTION GC11.2 - BONDS
Section GC11.2 is deleted and replaced by the following:
GC11.2.1
The Design-Builder, together with a surety company approved by the Owner
and authorized by law to carry on business in the Province, shall furnish a
50% Labour and Materials Payment Bond to the Owner using CCA
Document(s) 22. The bond shall remain in effect until 12 months after the
date the Contract Administrator accepts the entire work.
GC11.2.2
The Design-Builder, together with a surety company, approved by the
Owner and authorized by law to carry on business in the Province in which
the work is to be performed, shall furnish a Performance Bond to the Owner
using CCA Document(s) 21 in the amount of 100% of the Contract price.
GC11.2.3
In lieu of the bonds specified in paragraphs GC11.2.1 and GC11.2.2 the
Design-Builder may provide unconditional Irrevocable Letters of Credit, in a
form acceptable to the Owner, and/or a certified cheque made out to the
Owner.
SECTION GC12.1 – INDEMNIFICATION
Subsection GC12.1.2 is deleted.
City of Thunder Bay
Contract No.
SECTION GC12.3
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- WARRANTY
Subsection GC12.3.3 is amended by adding the following paragraph:
The Design-Builder shall be responsible for the maintenance of all trenches for a period
of 2 years from the date of substantial completion. Any shrinkage or settlement during
this period will be made good by the Design-Builder at his own expense. This shall also
include making good any other works affected.
ADDITIONS TO THE GENERAL CONDITIONS
The following clauses are additional conditions of the Contract:
SECTION GC 13 - RECORD DRAWINGS
The Design-Builder shall keep one set of Contract drawings on the site at all times. As the
work progresses, he shall record, in a neat legible manner, all changes in the Work. The
following information shall be recorded for each change:
i) Full Description of change
ii) Date
iii) Authority
At the completion of the Work, this set of drawings shall be forwarded to the Contract
Administrator for incorporation in a set of “RECORD” drawings for this project.