City of Thunder Bay
Section 00800
C.C.D.C. 4 - Supplementary General Conditions for use with
C.C.D.C. General Conditions for Unit Price Contracts
Contract No.
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The Canadian Construction Documents Committee [CCDC] #4 Unit Price Contract -General
Conditions of the Unit Price Contract, 1982 is modified as follows:
ARTICLES 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
Definitions
The definition of "Consultant" in definition 4 is deleted and replaced by the
following:
"Consultant or Engineer" means the Contract Administrator solely in charge
of this Contract.
The definition of "Subcontractor" in definition 6 is deleted and replaced by the
following:
"Subcontractor" means a person, firm or corporation undertaking the
execution of a part of the Work by virtue of an agreement with the
Contractor, which has been approved by the Owner.
The definition of "Substantial Performance" in definition 13 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 and
testing and is ready for use or is being used for the intended purposes;
and
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
02)
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
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
City of Thunder Bay
Section 00800
C.C.D.C. 4 - Supplementary General Conditions for use with
C.C.D.C. General Conditions for Unit Price Contracts
Contract No.
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beyond the control of the Contractor or, where the Owner and the Contractor
agree not to complete the Work expeditiously, the price of the services or
materials remaining to be supplied and required to complete the work shall
be deducted from the Contract price in determining substantial performance.
Revise definition 14, TOTAL PERFORMANCE of the WORK, by adding the
following:
In addition to all prior requirements, Total Performance will not occur until the
Work has passed all inspections and testing requirements.
Add the following definitions:
17.
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.
18.
Final Acceptance
a)
19.
In addition to all other prior requirements, Final Acceptance will not
occur until the Work has passed all inspections and testing
requirements
Major Item
“Major Item” means any tender item that has a value, calculated on the basis of its
actual or estimated tender quantity whichever is the larger, multiplied by its tender
unit price, which is equal to or greater than the lesser of
a)
b)
$100,000, or
5% of the total tender value calculated on the basis of the total of all
the estimated tender quantities and the tender unit prices.
Note to Project Engineer - If these General Conditions are to apply to work included in
the ICI sector, add the following definition:
20.
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 from
time to time.
City of Thunder Bay
Contract No.
Section 00800
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Section GC1 - DOCUMENTS
Subsection GC1.6 is deleted, and replaced by the following:
GC1.6
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 Contractor 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 Contractor shall govern
over all documents.
Notwithstanding the foregoing, documents of later date shall always govern.
Subsection GC 3.6.1 is deleted and replaced with the following paragraphs:
GC 3.6.1
The Contractor 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 Contractor’s responsibility, the Contractor, by executing the
Contract unequivocally acknowledges that the Contractor is the Constructor
within the meaning of the Act.
GC 3.6.2
The Contractor 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
City of Thunder Bay
Contract No.
Section 00800
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All contractors of 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 FOLLWING PROGRESSIVE STEPS:
1. The problem shall be identified to the contractor (site supervisor).
2. The contractor’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.
SECTION GC4 - Delays
Section GC4 is amended by the addition of the following:
GC4.7
If the Contractor is delayed in the performance of the Work by:
a)
abnormal inclement weather; or
b)
archaeological finds
then the Contractor shall not be reimbursed by the Owner for any costs
incurred by the Contractor 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 Contractor shall, with the Contractor's application, submit
evidence from Environment Canada in support of such application.
Extension of Contract Time will be granted in accordance with
subsection GC4.3.
City of Thunder Bay
Contract No.
GC4.8
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If the Contractor's operations expose any items which may indicate an
archaeological find, such as building remains, hardware, accumulations of
bones, pottery, or arrowheads:
a)
The Contractor 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 Contractor's control in accordance with of Subsection
GC4.3.
c)
Any work directed or authorised by the Contract Administrator with
an archaeological find will be considered as Extra Work in
accordance with Section GC4.3.
GC4.9
The Contractor 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 Contractor, or any other Contractor,
by the Corporation under the provisions of this Contract made with such
other Contractor.
GC4.10
The Owner is not liable to pay Standby Time for any labour or equipment
rental under this Contract.
GC4.11
Time shall be strictly of the essence of this Contract.
GC4.12
The Contractor shall complete this Contract in its entirety by the completion
date specified in the Tender Form.
If the time limit specified is not sufficient to permit completion of the Work
by the Contractor 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 Contractor to ensure that the Work will be
completed within the time limit specified. Any additional costs occasioned
by compliance with these provisions will be considered to be included in the
prices bid for the various items of Work and no additional compensation will
be allowed therefore.
City of Thunder Bay
Contract No.
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GC4.13
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 Contractor to the Owner at least 15 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 Contractor shall be extended at the expense of
the Contractor.
GC4.14
Any extension of time that may be granted to the Contractor 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 Contractor 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
Contractor 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.
GC4.15
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
Tender Form 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 Contractor will pay to the Owner the sum of
$___________1 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 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.
1
This figure should be calculated by the Project Engineer. $500 is appropriate for the cost of inspection for routine
City projects.
City of Thunder Bay
Contract No.
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The Owner may deduct any amount under this paragraph from any monies
that may be due or payable to the Contractor 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.
GC4.16
The Contractor 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
Section GC11 of the General Conditions, the time of completion shall be
extended as determined by the Contract Administrator in his sole discretion.
SECTION GC5 - OWNER’S RIGHT TO PERFORM WORK OR STOP THE WORK OR
TERMINATE CONTRACT
Subsections GC5.2 and GC5.3 are amended as follows:
GC5.2
change reference from five [5] to three [3] working days.
GC5.3
change reference from five [5] to three [3] working days.
Section GC5 is amended by the addition of the following paragraphs:
GC5.8
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 GC4.
GC5.9
The Contractor 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
Engineer, 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 Contractor shall
not be entitled to any compensation for such stoppage or delay to the Work,
other than an extension of time.
SECTION GC8 - ASSIGNMENT OF CONTRACT
Subsection GC8.1 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
City of Thunder Bay
Contract No.
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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 GC12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK
Subsection GC12.2 of is deleted and replaced by the following:
GC12.2
The valuation of additions to, and deductions from the Contract shall be
made as follows:
a) The prices in the Schedule of Prices or Provisional Items shall apply
where appropriate as determined by the Contract Administrator.
b) If the prices in Clause (a) are not appropriate, valuation will be made by
one the following methods:
i] Contract Administrator may ask the Contractor for a Quotation
for the proposed work.
ii] If the Quotation referred to in i] above is not accepted by the
Contract Administrator, the actual cost of the work will be
determined on a Time and Material Basis in accordance with
GC12.11.
c) Whenever extra work is being performed under Subsection (b) ii] above,
the Contractor shall submit daily reports in writing, to the Contract
Administrator, indicating the total chargeable costs incurred, for the day.
Valuation of the extra work being so performed will be made only by the
Contract Administrator on the basis of approved daily reports.
GC 12 is amended by the addition of the following:
GC12.11
The cost plus percentage method of payment for work carried out on a
time and material basis shall be calculated by the Contract Administrator
as follows:
a)
b)
c)
d)
Contractor’s Own Work: 15%;
Sub-contractor’s Own Work: 15%;
Sub-contractor’s Work: Contractor’s mark-up is 5%;
The cost of the work shall include the following and shall apply to
extra work only;
.1 Expenditures for wages and for salaries of workmen, Engineers,
superintendents, draftsmen, foremen, timekeepers, accountants,
City of Thunder Bay
Contract No.
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expediters, clerks, watchmen and such other personnel as may be
approved by the Engineer, employed directly under the Contractor
(or Subcontractor) and while engaged on the work at the site, and
expenditures for travelling of such employees, or when covered by
trade agreements and when approved by the Engineer;
.2 Expenditures for material used in or required in connection with
the construction of work;
.3 Expenditures for preparation, inspection, delivery, installation and
removal of materials, plant, tools and supplies;
.4 The cost of erecting, and maintaining, and removing, if required,
temporary offices, sheds and other similar structures, stationary or
mobile, required for the performance of the Contract;
.5 Travelling expenses properly incurred by the Contractor (or
Subcontractor) in connection with the inspection and supervision
of the work or in connection with the inspection of materials
prepared or in course of preparation for the work in expediting
their delivery.
.6 Rentals of all construction plant or parts thereof, whether rented
from the Contractor (or Subcontractor) or in accordance with rental
agreements approved by the Engineer, and expenditures for
transportation to and from the site of said construction plant, costs
of loading and unloading, cost of installation, dismantling and
removal thereof and repairs and replacements during its use on the
work, exclusive of any repairs which may be necessary because of
defects in the plant and equipment when brought to the work or
appearing within thirty (30) days thereafter;
e) The cost of all expendable materials, supplies and tools (other than
tools customarily provided by tradesmen) less the salvage value
thereof at the completion of the work;
f) Assessment under the Worker's Safety & Insurance Board Act, the
Employment Insurance Act, statutes providing for vacations with pay,
government hospitalisation or any similar statutes of Canada or a
province thereof, or payments on account of usual vacations made by
the Contract (or Subcontractor) to his employees engaged on the work
at the site, to the extent which such assessments or payments for
vacations with pay relate to the work covered by this Contract; and all
sales taxes or other taxes where applicable;
City of Thunder Bay
Contract No.
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g) Premiums on all insurance policies and bonds not called for under this
Contract;
h) Royalties for the use of any patented invention on the work at the site;
i) Fees for licenses and permits in connection with the work at the site;
j) Such other expenditure in connection with the work as may be
approved by the Owner; provided always that except with the consent
of the Owner, the above items of cost shall be at rates comparable with
those prevailing in the locality of the work; and
k) The Owner is not liable to pay Standby Time for any labour or
equipment rental under this Contract.
SECTION G13 - APPLICATIONS FOR PAYMENT
Subsection GC13.1 is deleted and replaced with the following:
GC13.1
01)
Applications for payment on account may be made monthly as the
Work progresses. Three [3] copies of each progress payment
certificate shall be delivered by the Contract Administrator to the
Contractor. The Contractor shall present to the Contract
Administrator two [2] copies of the estimate certified to be correct.
Upon receipt of the progress payment certificate verified as
aforesaid and upon its approval by the Contract Administrator, the
Owner will process the payment to the Contractor.
02)
Notwithstanding Paragraph 01) the Owner may withhold any or all
payments to the Contractor or portions thereof in circumstances
where the Contractor is considered by the Owner or Contract
Administrator to be unreasonable in default of specified times for
completion of the work.
03)
The Contractor 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 Workman’s Compensation Act of Ontario, prior to
the release of any monthly progress payment.
04)
The Contractor shall furnish the Contract Administrator with a
Statutory Declaration that all liabilities incurred by the Contractor
and its Subcontractors in carrying out the Contract have been
City of Thunder Bay
Contract No.
Section 00800
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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.
SECTION G14 - CERTIFICATES AND PAYMENTS
Subsection GC14.2 is deleted and replaced by the following:
The Owner shall make payment to the Contractor on account in accordance with the
provisions of Article A-4 – PAYMENT no later than thirty (30) days after the issuance of a
certificate for payment by the Consultant.
Notwithstanding the provisions of Article A4 - Payment, Subsection GC14.2 is amended by the
addition of the following paragraphs:
a)
Notwithstanding the preceding paragraph, the Owner may withhold any or all
payments to the Contractor or portions thereof in circumstances where the
Contractor is considered by the Owner or Contract Administrator to be unreasonably
in default of specified times for completion of the work.
b)
The Contractor 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 Workman's Compensation
Act of Ontario, prior to the release of any monthly progress payment.
c)
The Contractor shall furnish the Contract Administrator with a Statutory
Declaration that all liabilities incurred by the Contractor 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.
d)
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 GC24,
money in the amount calculated pursuant to paragraphs (b) and (c) 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 Contractor respecting the warranty obligations of the Contractor set
out in the Contract.
e)
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
City of Thunder Bay
Section 00800
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Contract No.
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payment by the Contractor in succeeding applications, commencing when the
Contractor makes his first application for payment on the basis that work to the
value of 70% of the Contract price has been performed.
f)
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
The Maintenance Security Holdback is in addition to any other rights or remedies of
the Owner in respect to the correction of the Contractor's default of the Contractor's
warranty obligations.
g)
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 GC14 is amended by the addition of the following paragraph:
GC14.15
Notwithstanding the provisions of Article A4 Payment, paragraph d), the
Owner is not liable to pay interest on any amount which may at any time
become payable to the Contractor 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.
SECTION GC16 - LAWS, NOTICES, PERMITS AND FEES
Subsection GC16 is amended by the addition of the following paragraphs:
GC16.6
When construction affects railway property, the Owner will pay the costs of
all flagging and other traffic control measures required and provided by the
railway company within the Working Area.
GC16.7
The Contractor will notify, obtain inspections and approvals from, and cooperate with other organizations involved or affected by the Work, such as
telephone, light and power, gas, railway companies, government agencies.
City of Thunder Bay
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SECTION GC18 – WORKERS’ COMPENSATION INSURANCE
This section is deleted in its entirety.
SECTION GC19 – INDEMNIFICATION
Subsection 19.2 is deleted.
SECTION GC20 - INSURANCE
Subsection 20.1 is amended as follows:
Amend all clauses/paragraphs of Section GC20.1 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 Contractor 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.
Paragraph (a) (b) and (e) of Subsection GC20.1 are deleted and replaced with the following:
a)
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 Contractor, the Corporation of the City of
Thunder Bay, the Consultant, and all Subcontractors of the above
employed directly or indirectly in the work to be performed;
*Project Engineer to add additional agencies if appropriate.
b)
contain a Cross Liability Clause;
c)
include coverage for:
i]
ii]
iii]
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
City of Thunder Bay
Contract No.
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iv]
v]
vi]
d)
Non-owned Automobile Liability
Broad Form Property Liability
Excavation
where applicable, include coverage for:
i]
ii]
iii]
iv]
v]
vi]
e)
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Underpinning, shoring
Demolition
Building raising or moving
Blasting or the Use of Explosives
Tunnelling
Pile driving, caisson work
Five million dollars ($5,000,000.00) inclusive per occurrence.
Subsection GC20.1 (d) Property and Boiler Insurance is amended by the addition of the
following paragraph:
(8)
Property and Boiler insurance is required only if the Contract includes the
construction of, or alterations to, a bridge, dam, culvert or building.
Subsection GC20.5 is added as follows:
a)
It shall be the duty of the Contractor 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 Contractor shall also promptly notify the Contract Administrator of all such
claims in writing.
c)
If a claim is settled, the Contractor 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 Contractor and the Contractor is not
able to report settlement or rejection of the claim, the Contractor will provide a full
report to the Contract Administrator as to the status of and steps being taken with
respect to the claim.
City of Thunder Bay
Contract No.
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SECTION GC21 - PROTECTION OF WORK, PERSONS AND PROPERTY
Section GC21 is amended by the addition of the following subsections:
GC21.4
When carrying out excavation work, the Contractor may encounter such
underground utilities as sewers, gas mains, telephone cables, power cables,
and watermains. The Contractor shall be fully responsible for any breakage
or damage to such utilities, and the Contractor 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.
GC21.5
It shall be the Contractor's responsibility to obtain written permission and
to make any required arrangements with the Owners of any adjacent
properties which the Contractor may encroach.
GC21.6
The Contractor shall furnish and bear the cost of any watchman he may
require for protection to perform this Contract except as provided in
paragraph GC16.6.
SECTION GC23 - BONDS
Section GC23 is deleted and replaced by the following:
GC23.1
The Contractor, together with a surety company approved by the Owner and
authorised 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 inn effect until 12 months after the date the
Contract Administrator accepts the entire work.
GC23.2
The Contractor, together with a surety company, approved by the Owner and
authorised 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.
GC23.3
In lieu of the bonds specified in paragraphs GC23.1 and GC23.2 the
Contractor 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 GC24 - WARRANTY
Subsection GC24.2 is amended by adding the following paragraph:
The Contractor 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
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period will be made good by the Contractor at his own expense. This shall also include
making good any other works affected.
SECTION GC25 - CONTRACTOR’S RESPONSIBILITIES AND CONTROL OF THE
WORK
Subsection GC25.2 is deleted, and replaced with the following paragraphs:
GC25.2
(a)
The Contractor 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 Contractor’s
responsibility, the Contractor, by executing the Contract
unequivocally acknowledges that the Contractor is the Constructor
within the meaning of the Act.
(b)
The Contractor shall also work in accordance with the City's
Contractor Safety Policy.
(c)
CITY OF THUNDER BAY POLICY ON CONTRACTOR
SAFETY
POLICY STATEMENT:
All Contractors 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 will 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.
2.
3.
4.
The problem will be identified to the Contractor (site
supervisor).
The Contractor’s head office will be contacted about the
problem, orally, and later in writing.
If the problem remains unresolved then the Ministry of
Labour shall be notified of the violation and, if necessary, the
work will be stopped until the problem is corrected.
The Contract may be terminated by the City.
Section GC25 is amended of the addition of the following:
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GC25.7
The Contractor shall commence the Work within 7 days after receiving
Notice from the Contract Administrator. The Contractor 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
Contractor has received Notice from the Contract Administrator to
commence the work.
GC25.8
The Contractor shall provide for efficient drainage of all sections of the work
during all stages of construction at his own expense. The Contractor will be
held responsible for all damage which may be caused through his failure to
provide proper drainage facilities. The Contractor shall restore any existing
drainage works which are disturbed as a result of his construction activities.
GC25.9
In order to assist the Corporation in inspecting the progress of the work, the
Contractor shall prepare a Schedule of Work prior to starting the Contract
and shall revise the schedule weekly for any changes throughout the
Contract.
Prior to commencement of construction the Consultant and the Contractor
will locate on site those property bars, baselines and benchmarks which are
necessary to delineate the Working Area and to lay out the Work, all as
shown on the Contract Drawings.
The Contractor 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 Contractor’s operations shall be replaced under the
supervision of an Ontario Land Surveyor, at no extra cost to the Owner
GC25.10
The Contractor will give the Contract Administrator at least 48 hours notice
in writing before requiring any baselines or benchmarks in connection with
the work. The Contractor shall clearly state in such notice the exact location
where levels, lines, or stakes are required. The Contractor must satisfy
himself before commencing any work as to the meaning and correctness of
all stakes and marks, and no claim will be entertained by the Corporation for
or on account of any alleged inaccuracies, unless the Contractor notified the
Contract Administrator of such inaccuracies in writing before commencing
the work.
The Contractor 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 billed against
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the Contractor and if not paid by the Contractor will be deducted from any
monies due the Contractor under the Contract.
All stakes and marks set will not in every case represent all the grades,
levels, lines, angles or surfaces in the finished work and in this regard the
Contractor shall ensure that such stakes and marks are read correctly and
used in a manner consistent with the plans, details, specifications and
directions of the Contract Administrator. Should the Contractor discover or
suspect any errors in stakes, lines, and grades which have been established
for its use, the Contractor 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 Contractor shall assume full responsibility for alignment, elevations,
and dimensions of each and all parts of the Work, regardless of whether the
Contractor’s layout work has been checked by the Contract Administrator.
The Contractor shall furnish the Contract Administrator or any of his
assistants with all reasonable help which may be required at any time in
driving stakes or laying out the work. The Contractor will receive no
additional compensation for this.
GC25.11
Maintaining Roadways and Detours
Where an existing Roadway is affected by construction, it shall be kept
open to traffic, and the Contractor 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
The Contractor shall not be required to maintain a road through the
Working Area until such time as the Contractor 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 the Highway only are affected
by the Contractor's Operations, the Contractor will not be required to
maintain intervening sections of the Highway until such times as these
sections are located within the limits of the Highway affected by the
Contractor's general operations under the Contract. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out
snowplowing.
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Where the Contract Document provides for or the Contract Administrator
requires detours at specific locations, payment for the construction of the
detours, and if required, for the subsequent removal of the detours, will be
made at the Contract prices appropriate to such work.
The Contractor 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 labour,
equipment and materials to do this work and to maintain the road, shall be
considered to be included in the prices bid for the various tender items and
no additional payment will be made.
Where work under the Contract is discontinued for any extended period
including seasonal shutdown, the Contractor 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 Contractor 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 Contractor'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, the
Highway is closed and the traffic diverted entirely off the Highway to any
other Highway, the Contractor 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 subsection GC21, Protection of Work and
Property, dealing with the Contractor'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 Contractor 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 preconstruction meeting.
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Accessibility for Ontarians with Disability Act, Reg. 429/07
Subsection GC25.12 is added:
Prior to the commencement of work under this contract, the Contractor
shall also furnish evidence of compliance with requirements of the
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 GC26 - SUPERINTENDENCE
Section GC 26 is amended by adding the following paragraph:
GC26.4
To co-ordinate the work, the Contractor or a person authorized to act for the
Contractor 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.
SECTION GC27 - LABOUR AND PRODUCTS
Section GC27 is amended by the addition of the following paragraphs:
GC27.4
The Contractor shall not employ or hire any City employees who are
employed in the Infrastructure & Operations Department.
GC27.5
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 Contractor.
GC27.6
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.
or
"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
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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.
GC27.7
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.
GC27.8
Every person employed by the Contractor 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 1/2
times such wages for all hours of Work that are overtime.
GC27.9
Notwithstanding that a Contractor 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.
GC27.10
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 Contractor, 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.
GC27.11
Fair Wage Schedule to be Posted
The Contractor 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.
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Contractor to keep Records which are to be Open for Inspection
The Contractor 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
If tese General Conditions are to apply to work included in the ICI Sector, add the following
clause:
GC27.13
Fair Wage Policy – ICI 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 the City if
requested in accordance with the Policy.
SECTION GC29 - USE OF THE WORK
GC29 is amended by the addition of the following subsections:
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GC29.3
The Contractor shall maintain the Working Area in a tidy condition and free
from the accumulation of debris, other than that caused by the Owner, or
others.
GC29.4
The Contractor shall ensure that during night work the site of the Work is
adequately floodlit to the Contract Administrator's satisfaction for Work
operations, inspections and advance warning to traffic.
GC29.5
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.
GC29.6
The Contractor 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 Contractor's responsibility to
maintain a roadway through the Work.
GC29.7
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.
GC29.8
Permitted dust control measures may include the application of calcium
chloride, oil or water. In general, the use of calcium chloride and oil shall be
kept to a minimum and is restricted to vehicle rights-of-way. More frequent
applications of water in close proximity to watercourses. The Contract
Administrator's acceptance shall be obtained before chemicals or oil for dust
control are used.
SECTION GC34 - SHOP DRAWINGS
Replace paragraph 34.4 with the following:
GC34.4
Shop Drawings which require review by the Contract administrator or
consultant should be submitted in accordance with Section 01300 Submittals.
ADDITIONS TO THE GENERAL CONDITIONS
The following clauses are additional conditions of the Contract:
SECTION GC37 - RECORD DRAWINGS
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The Contractor 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 work, this set of drawings shall be forwarded to the Engineer for
incorporation in a set of “RECORD” drawings for this project.