Professional Documents
Culture Documents
TABLE OF CONTENTS
APPENDIX A SAFETY
APPENDIX B SPECIFICATION
APPENDIX C STANDARD FORMS & PROCEDURES
APPENDIX D DRAWINGS
DEFINITIONS
The definitions outlined below refer to terms in the Tender Documents, excluding the General Conditions in Section
00800. Contract and the General Condition definitions can be found on Page 6 of the CCDC 2 2020.
Bidder or Tenderer Refers to the company and person that is submitting the Tender Proposal Form
Owner Refers to Homestead Land Holdings Limited (HLH)
HLH Superintendent Refers to the HLH Construction Field Leader
Contractor Refers to the contractor that is awarded the Contract.
Work Refers to the work that is tendered and completed in accordance with the Tender
Documents, the Drawings, the Specifications, and the Contract
Site Supervisor Refers to the Contractor’s Field Leader
Safety Officer Refers to the Owner’s site safety representative, coordinator, or equivalent.
.2 Tenders may be rejected if submitted after the Official Tender Closing Time.
.3 Tenders may be rejected if they are not completed in accordance with Section 00100
Instruction to Bidders.
.4 Tenders may be rejected if they are incomplete, conditional, obscure or contain
erasures, alterations, or mathematical errors.
.5 Tenders may be rejected if they contain prices which appear to be unbalanced such
that they may adversely affect the interest of the Owner.
1. TENDER PRICE
Tender By: Name: ______________________________________
Address: ______________________________________
______________________________________
To: Mike Lynch P.Eng., Senior Vice President of Construction
Homestead Land Holdings Limited – Construction
80 Johnson Street, Kingston, Ontario, K7L 1X7
5. SUBCONTRACTORS
6. SIGNING OF TENDER
DATED:
COMPANY:
Name Name
Title Title
.1 In Paragraph 2.1 at the end of the paragraph add “including but not limited to any
purchase order issued by the Owner or any invoice or other instrument creating payment
obligations between the parties.”
.2 In Paragraph 2.2 at the end of the paragraph add the sentence “For clarity, any
purchase orders issued by the Owner after execution of this Contract or any invoice or
other instrument creating payment obligations between the parties shall be deemed not to
be an alteration or amendment to the Contract. In the event of a conflict between the terms
and conditions of a purchase order, or other instrument creating payment obligations,
issued by the Owner after execution of this Contract and the terms and conditions of this
Contract, the terms and conditions of this Contract shall govern.”
.2 In Definition 1 ‘Change Directive’ delete “prepared by the Consultant and” in the first
line.
.3 In Definition 2 ‘Change Order’ delete “prepared by the Consultant and” in the first
line.
.1 The Contractor shall have complied with all the requirements for Substantial
Performance of the Work contained in the Construction Act R.S.O 1990, as amended
(the “Act”) and in the Contract Documents and the Consultant shall have issued a
Certificate of Substantial Performance under the Act;
.2 The Work is in a fit state for occupancy with all interior work completed, all utilities
and access available to the Work in normal working order, and only minor corrective
work is required to the interior of the Work as determined by the Consultant and/or
Owner;
“Applicable Laws: means any and all applicable laws including all statutes, codes,
ordinances, decrees, rules, regulations, municipal by-laws, judicial or arbitral or
administrative or ministerial or departmental or regulatory judgments, orders, decisions,
rulings or awards, policies, guidelines, and general principles of common and civil law and
equity, binding on or affecting the person referred to in the context in which the word is
used.”
.2 Delete paragraph 1.1.5.1 in its entirety and replace with the following:
“.1 the order of priority of documents, from highest to lowest, shall be:
• Appendix A Supplementary Conditions to CCDC 2 2020
• Agreement between the Owner and the Contractor
• Definitions
• General Conditions
• Specifications
• Construction schedules
• Drawings”
.2 In paragraph 2.2 The Owner can take on all roles of the consultant at its discretion.
.3 In paragraph 2.2.18 delete the words “against whom the Contractor makes no
reasonable objection and” in the second line.
.4 In paragraph 2.2.6 delete the words “Except with respect to GC 5.1 - FINANCING
INFORMATION REQUIRED OF THE OWNER, the” from the first line, and insert the
word “The Consultant and Owner”.
.5 Add a new paragraph 2.2.19 as follows:
“2.2.19 In addition to the above, the Owner/Consultant’s duties and responsibilities
will also include:
.1 the review with the Owner of reasonable alternative approaches to
construction and design;
.2 the preparation of a design that meets the criteria set forth in the Contract
Documents;
.3 the provisions of assistance to the Owner and Contractor to obtain
approvals, permits, and licenses for the Work;
.4 the conducting of general review of the progress of the Work to the extent
necessary in order to determine to the satisfaction of the Consultant, that
the Work is performed in general compliance with the requirements of:
(1) The Contract Documents, and
(2) The applicable statutes, regulations, codes, and bylaws of all
authorities having jurisdiction over the Work.
.5 the assurances required to regulatory authorities respecting substantial
conformance of the design with the applicable building regulations,
excluding construction safety issues;
.6 Only the Owner can determine the date of Substantial Performance of the
Work and the issuing of a certificate attesting to same;
.7 the verification of the Contractor’s application for final payment and the
issuing of a certificate for payment are subject to the Owner’s final approval;
.8 the reviewing of any defects or deficiencies in the Work during the period
described in GC 12.3-WARRANTY and the issuance of appropriate
instructions for the correction of same;
.9 the rejecting of Work which does not confirm to the requirements of the
Contract Documents;
.10 such other work that may be required from time to time that is agreed to by
the Contractor, the Consultant, and the Owner in writing.”
.7 In paragraph 2.3.2 delete “Consultant’s” in the first line and insert “of the Owner or
Consultant” after ‘instructions’ in the first line; insert “Owner and the” after ‘give the’
in the second line and the third line.
.8 In paragraph 2.3.3 insert “Owner and” after ‘to the’ in the first line.
.9 In paragraph 2.3.4 insert the words “and without any adjustment in the Contract
Price” at the end of the paragraph before the period.
.10 In paragraph 2.3.5 insert “Owner or” after ‘The’ at the beginning of the paragraph.
.11 In paragraph 2.4.1 replace “Consultant” in the first line with “Consultant or the
Owner” and insert the words “at the Contractor’s expense and without any
adjustment in the Contract Price or extension of the Contract Time” at the end of
the paragraph before the period.
.12 In paragraph 2.4.2. insert the words “without any adjustment in the Contract Price
or extension of the Contract Time” at the end of the paragraph before the period.
.13 In paragraph 2.4.3 insert the words “Owner or” after ‘of the’ in the first line, and
delete the last sentence of the paragraph and insert the following in its place: “If the
Owner and the Contractor do not agree on the difference in value the parties shall
refer the matter to Part 8 of the General Conditions herein.”
“2.5 PUBLICITY
2.5.1 The Contractor shall not release or disclose, or allow to be released or disclosed by
others to any third parties, except as required by applicable law, any information
relating to the Contract or the Work without the prior written consent of the Owner,
which consent may be withheld in the Owner’s sole discretion. The Contractor shall
submit to the Owner for review and consent a written copy of the information
proposed to be released.”
“2.6 CONFIDENTIALITY
2.6.1 The Contractor shall not, except to the extent required to carry out its obligations,
duties, responsibilities or liabilities under the Contract, divulge any Confidential
Information communicated to or acquired by it in the course of carrying out its
obligations, duties, responsibilities or liabilities under the Contract. No Confidential
Information shall be used by the Contractor on any other project without the prior
written approval of the Owner, which consent may be withheld in the Owner’s sole
discretion. The Contractor shall not have any proprietary rights to or interest in the
Confidential Information, nor shall the Contractor have any right to license such
information to any Subcontractor, Supplier or other third party. The term
“Confidential Information” as used herein shall mean all information which the
Contractor receives, either directly or indirectly, from or on behalf of the Owner or
from the Consultant, except:
.1 information which the Contractor demonstrates was, at the time of
disclosure, already known to the Contractor;
.2 information which at the time of disclosure was or thereafter becomes a part
of the public domain through no act or omission on the part of the
Contractor; and
.3 information which is disclosed to the Contractor by a third party without a
covenant of confidentiality.
2.6.2 The Contractor may disclose the Confidential Information to those of its employees,
Subcontractors and Suppliers to whom disclosure is required for the performance
of their respective responsibilities, duties, obligations and liabilities under the
Contract, provided the Contractor informs each such employee, Subcontractor or
Supplier as to the confidential nature of such information and each such employee,
Subcontractor or Supplier has properly assumed confidentiality obligations identical
in principle with those herein. The Contractor shall require each such employee,
Subcontractor or Supplier to treat the Confidential Information as confidential and
not to disclose such information to any third party other than in accordance with
the terms of the Contract.
2.6.3 The Contractor covenants and agrees that this GC 2.6 - CONFIDENTIALITY shall
survive the termination or expiry of the Contract for a period of two (2) years
following the date of such termination or discharge.”
other contractors or Owner’s own forces except those deficiencies not then
reasonably discoverable” at the end of the paragraph before the period.
.3 In paragraph 3.2.4 insert the words “, as part of the Work, without additional cost
to the Owner,” after the words “changes shall” in the second line.
.4 In 3.4.1.1, replace “prior to the first application for payment” with “before the work
commences”.
.5 Add 3.4.1.4: “Once approved this schedule shall not be altered without approval
from the Owner and Consultant.”
.6 In paragraph 3.4.1.2 insert the words “to the reasonable satisfaction of the Owner”
after the words “the construction schedule” in the first line.
.8 In paragraph 3.5.1 insert the words “and with the consent of the Owner” at the end
of the paragraph before the period.
.9 In paragraph 3.6.2 delete “’if requested by the Owner,” in the first line of the
paragraph and add the following at the end of the paragraph before the period: “The
Contractor shall not subsequently change Subcontractors without the prior written
approval of the Owner.”
.10 In paragraph 3.6.3 delete “for reasonable cause” in the first line and replace it with
“in its sole and absolute discretion”.
.13 Insert the following new paragraph 3.7.5 at the end of GC 3.7 – LABOUR AND
PRODUCTS:
“3.7.5 Title to the Work, including Products, shall pass to the Owner upon payment (subject
to holdback not then due) or incorporation as part of the Work, whichever first
occurs, free and clear of all liens and encumbrances (subject to any applicable rights
or remedies provided by the Construction Act (Ontario)). Notwithstanding the
foregoing, the Contractor shall continue to bear the risk of loss or damage for the
Work until written acceptance of the Work by the Owner.”
.14 Insert the following new paragraph 3.8.8 at the end of GC 3.8 – SHOP DRAWINGS:
“3.8.8 Upon Substantial Performance of the Work, the Contractor will submit all reviewed and
revised Shop Drawings to the Owner to be retained as part of the Owner’s permanent
record of the Work.
PART 5 PAYMENT
.2 In paragraph 5.2.1 add to the end of the sentence “and shall be made in the form
of a Proper Invoice”.
.3 In paragraph 5.2.2 delete “Applications for payment” and replace it with “Owner
Approved Invoice”.
.4 In paragraph 5.2.3 delete the words: “Work performed and Products delivered to
the Place of the Project” and replace them with: “Work performed and Products
incorporated into the Project.”
.6 In paragraph 5.2.6, after “application for payment”, add “as one of the mandatory
conditions for the application to be considered a Proper Invoice.”
.7 Delete paragraph 5.2.8 in its entirety and replace with the following:
“5.2.8 No claim will be made for any Product which is delivered to the Place of the Work
until it is incorporated into the Work and any claim for Products which are
incorporated into the Work will be supported by such evidence as the Owner may
reasonably require to estimate the value of such Products.”
.11 Insert the following new paragraph 5.3.2 at the end of GC 5.3 – PROGRESS
PAYMENTS:
“5.3.2 If any construction lien is registered or asserted in writing against the Project
and/or the Place of Work, or any trust fund claim or other claim under the Act, or
any other claim in connection with the Work is made by or to anyone, the Contractor
shall cause any lien or claim to be forthwith removed and or released from title to
the Project, and/or the Place of Work, but in any event, prior to the next payment
due to the Contractor. Any costs, expenses or legal fees (as between a solicitor
and his or her own client), incurred by the Owner in connection with any such lien
or claim, shall be paid to it by the Contractor forthwith after demand by the Owner.
This clause does not apply to a legitimate claim by the Contractor.”
.12 Delete paragraphs 5.4.1 and 5.4.2 in their entirety and replace with the following:
“5.4.1 When the Contractor is of the opinion that the Work is substantially performed, the
Contractor shall prepare and submit to the Owner:
.1 a comprehensive list of items to be completed or corrected, provided that
the failure to include an item on the list does not alter the responsibility of
the Contractor to complete the Contract;
.2 a certificate of Substantial Performance of the Work for verification by the
Consultant; and
.3 A post to the Daily Commercial News.
5.4.2 The Owner/Consultant will review the Work to verify the validity of the certificate of
Substantial Performance of the Work and shall promptly, and in any event, no later
than 20 calendar days after receipt of the Contractor’s list and certificate of
Substantial Performance of the Work:
.1 advise the Contractor in writing, with a copy to the Owner that the Work is
not substantially performed and give reasons why, or
.2 verify in writing the certificate of Substantial Performance of the Work, with
a copy to the Owner and the Contractor.”
.13 In paragraph 5.5.1, after the words “When the Contractor considers that the Work
is completed” add the following: “and after all (i) manufacturer’s warranties, (ii)
operations and maintenance manuals pertaining to any equipment incorporated into
the Work, and (iii) the names, addresses, telephone numbers and contact Persons
of all Subcontractors and Suppliers have been provided to the Owner, and when all
lien periods have expired,” and after the words “application for final payment” add
“in the form of a Proper Invoice.”
.14 In paragraph 5.5.2 replace “consultant” with “owner” and delete all words after
“validity of application”.
.16 In the second line of paragraph 5.5.4 delete everything after “the Owner shall” and
add “no later than 28 days after receipt of the Contractor’s application for final
payment in the form of a Proper Invoice- and subject to any Notice of Non-Payment
being issued by the Owner- pay the Contractor as provided in Article A-5 of the
Agreement- PAYMENT.”
“5.7.2 Notwithstanding any other provision in the Contract, if the Contractor is in default
under the Contract or the Contractor has not paid undisputed amounts due to
Suppliers or Subcontractors or its employees, then without prejudice to any other
right or remedy, the Owner may withhold any further payment to the Contractor
until the default or unpaid amount is rectified, and where the Owner has withheld
such payment, the Owner, without prejudice to any other right or remedy, may apply
such amounts to any losses, damages or costs incurred or suffered by the Owner.”
.5 Delete ‘deposits lost’ in paragraph 6.3.7.8 and replace with “deposits lost provided
that they were not lost by acts or omissions of the Contractor or those for whom
the Contractor is in law responsible;”
.6 Insert the following provision at the end of paragraphs 6.5.1 and 6.5.2 before the
period:
“, provided that the Owner shall not be liable for any other damages or costs
whatsoever resulting from such delay including indirect, consequential or special
damages or loss of profits, loss of opportunity or loss of productivity.”
.7 In paragraph 6.5.3 insert the following as the last sentence of the paragraph:
“Notwithstanding the foregoing, the Contractor shall use its best efforts to minimize
the impact of such event upon the performance of the Work and Contract Time.”
.8 In paragraph 6.5.4 insert the following as the last sentence of the paragraph:
“No claim for additional payment arising from a delay will be payable to the
Contractor unless the Contractor has prepared, or caused to be prepared, records
of all Work and the costs of the Work, on a daily basis as the Work proceeds, and
submits such records in support of the claim.”
.9 Insert the following new paragraphs 6.5.6 and 6.5.7 at the end of GC 6.5 - DELAYS:
“6.5.6 If the Work should be behind schedule for a reason other than as described in
paragraphs 6.5.1 to 6.5.3, or if any of the Subcontractors or Suppliers delay the
progress of any portion of the Work necessary to complete the Work on schedule, the
Contractor shall use all possible measures to bring the Work back on schedule. The
Contractor shall exercise all reasonable means within its discretion, such as directing
any Subcontractors or Suppliers creating delays to increase their labour forces and
equipment, to improve the organization and expediting of the Work, or to work
overtime as may be necessary. The Contractor shall provide any additional
supervision, co-ordination and expediting, including overtime by its own personnel as
may be required to achieve this end. The costs and expenses incurred by the use of
such measures and overtime shall be borne by the Contractor and/or its
Subcontractors or Suppliers.
6.5.7 In the event of a delay which results in a stoppage of the Work, the Contractor will take
all reasonable steps to protect the Work for the entire period of the delay. The cost of
such protection will be paid by the Owner unless and to the extent the delay was
caused directly or indirectly by the Contractor.”
.10 In paragraph 6.6.1 delete “and of the Consultant” at the end of the paragraph.
.11 In paragraph 6.6.3 delete “to the Consultant” and all other words after “based” in the
paragraph.
.12 In paragraph 6.6.4 delete “as the Consultant may reasonably require”.
.14 In paragraph 6.6.6 remove “If such a finding is not acceptable to either party,” and
replace with “If an agreement cannot be reached,”.
.1 In paragraph 7.1.4.1 delete “provided the Consultant has certified such cost”.
.2 In paragraph 7.1.5 insert the words “without prejudice to any other right or remedy
the Owner may have,” after the words “paragraphs 7.1.1 and 7.1.4,” in the first line.
.3 Insert the following paragraph as 7.1.6 and renumber the existing paragraph 7.1.6
as 7.1.7:
“7.1.6 The Owner may terminate the Contract at any time for any reason. In such event,
the Owner shall pay for the Work performed up to the effective date of termination,
mobilization and demobilization costs (or a reasonable portion of such costs if the
Contractor had not fully mobilized) and for such additional costs (if any) directly
related to such termination which are a reasonable consequence of the termination.
The Owner shall not be liable to the Contractor for any other costs or damages
whatsoever arising from such early termination of the Contract, including any
indirect, consequential, or special damages or loss of profits, loss of opportunity or
loss of productivity.”
“7.1.8 If the Owner terminates the Contract, the Contractor shall preserve and protect Work
completed and in progress, and protect all Products and Construction Equipment at
the Place of the Work or in transit, pending the Owner’s instructions, and the
Contractor shall dispose of same in accordance with the Owner’s instructions.”
.6 In paragraph 7.2.3.4 delete the words “, except for GC 5.1 – FINANCING INFORMATION
REQUIRED OF THE OWNER,” in the first line.
.7 Insert the following new GC 7.3 - OWNER’S RIGHT TO COMPLETE THE WORK AND
FIX DEFICIENCIES:
“GC 7.3 OWNER’S RIGHT TO COMPLETE THE WORK AND FIX DEFICIENCIES
7.3.1 If the Owner, acting reasonably, determines at any time that the Contractor will not
be able to complete the Work by the date of Substantial Performance of the Work
listed in the Contract Documents, the Owner may, on 5 days written notice to the
Contractor and without invalidating the Contract, perform or cause to be performed
some or all of such remaining Work.
7.3.2 If the Owner, acting reasonably, determines that the Contractor is not proceeding
diligently to correct the outstanding deficiencies, the Owner may, on 5 days written
notice to the Contractor and without invalidating the Contract, correct or cause to be
corrected some or all of such remaining deficiencies.
7.3.3 If the Owner exercises its rights under either paragraph 7.3.1 or 7.3.2, the Contractor
will forthwith pay the Owner for all reasonable costs and expenses incurred to
complete the Work or correct the deficiencies and without limitation of any of the
Owner’s rights, the Owner may set off such amounts from any amounts owing by the
Owner to the Contractor.”
“8.3.9 Within a reasonable time of receipt of the notice of arbitration by the responding party
under paragraph 8.3.6, the Owner and the Contractor shall each use commercially reasonable
efforts to provide the Consultant with written notice containing:
a) a copy of the notice of arbitration;
b) a copy of supplementary conditions 8.3.9 to 8.3.11 of this Contract, and;
to the extent reasonably possible any known claims or issues which the Contractor or the
Owner, as the case may be, wishes to raise in relation to the Consultant arising out of the
issues in dispute in the arbitration.”
“8.3.10 The parties acknowledge and agree that the arbitrator in the arbitration may on
application of the Owner or the Contractor, make any procedural order considered
necessary to facilitate the addition of the Consultant as a party to the arbitration.”
“8.3.11 Notwithstanding all of the foregoing, the parties hereto agree that nothing contained
within GC 8.3 shall restrict or prevent either party from referring any matter or unresolved
dispute to a Court of competent jurisdiction or judicial determination and/or resolution where
such matter or unresolved dispute:
1. arises from facts or circumstances which are discovered following the
termination or performance of this Contract; and/or
2. arises from, or results in, the termination of this Contract.”
“9.1.5 The Contractor shall not undertake to repair and/or replace any damage whatsoever
to adjoining property or acknowledge the same was caused or occasioned by the Contractor,
without first consulting with the Owner and receiving written instructions as to the course of
action to be followed.”
“9.1.6 Notwithstanding paragraph 9.1.5, where there is danger to life or property, the
Contractor may take such emergency action as it deems reasonably necessary to remove
the danger and shall indemnify and hold harmless the Owner and the Consultant, their
respective agents and employees from and against claims, demands, losses, costs, damages,
actions, suits, or proceedings by third parties that arise out of, or are attributable to such
action except to the extent that the Owner and/or the Consultant may have participated in or
otherwise acted in connection with such emergency action by the Contractor.”
.3 Delete paragraph 9.2.1 in its entirety and replace with the following:
“9.2.1 For the purposes of applicable environmental legislation, the Owner will be
responsible for toxic or hazardous substances and materials present at the Place of the
Work at the commencement of the Work. The Contractor will be responsible for toxic or
hazardous substances brought onto the Place of the Work after commencement of the
Work.”
.5 Add 9.4.7: “No comments, suggestions or instructions from the Owner or Consultant
are to be relied upon or assumed to reduce or replace the Contractor’s responsibility
for construction safety.”
.6 Add 9.4.8: “The Contractor shall indemnify and hold harmless the Owner and the
Consultant, their agents and employees from and against claims, demands, losses,
costs, damages, actions, suits or proceedings by third parties that arise out of, or are
attributed to, the Contractor’s safety performance.”
.7 In paragraph 9.5.2 insert the words “or the operations of any Subcontractor or any
person for whom the Contractor is responsible in law,” after the words “Contractor’s
operations under the Contract” in the second line.
“10.1.3 Each payment application shall include the Contractor’s registration number for Value
Added Taxes and the total amount of any applicable Value Added Taxes as a separate
line item.”
“10.2.1 This Contract will be construed according to the laws of Ontario. The Contractor will
not be responsible for the design of the Project except as may be expressly set out in
the Contract or agreed in writing with the Owner, but in all other respects the
Contractor will undertake all of the Work in full compliance with all applicable building,
environmental and other laws.”
.1 Delete paragraph 12.3.1 in its entirety and replace with the following:
“12.3.1 The Contractor warrants that the Work, including all Products and components
thereof, shall conform to the Contract Documents (including the Specifications) in
all respects and shall be new, of good quality material, of merchantable quality and
fit for their intended purpose, as described and specified in the Contract Documents
and free of defects in materials and workmanship for a period of one (1) year
(except where noted otherwise in the Contract Documents as Warranty Period) from
the date of Substantial Performance of the Work and the Contractor shall extend the
warranty on replaced parts and workmanship for a period of one (1) year from the
date of the Owner receiving and accepting the receipt of the occupancy permit.
This warranty shall cover labour and material, including the costs of removal and
replacement of covering materials. This warranty shall not limit extended warranties
on any items of equipment or material called for elsewhere in the specifications or
otherwise provided by any manufacturer of such equipment or material.”
“The obligation of the Contractor to perform corrective work includes the provision
of all necessary labour and materials and the removal and replacement of covering
materials.”
.3 In paragraph 12.3.6 insert the words “Without limiting the Contractor’s warranty
under GC 12.3 – WARRANTY,” at the beginning of the second sentence.
.4 Insert the following new paragraphs 12.3.7, 12.3.8 and 12.3.9 at the end of GC 12.3
- WARRANTY:
“12.3.7 Following Substantial Performance of the Work, and without limiting the
Contractor’s warranty under this GC 12.3 - WARRANTY, the Contractor shall assign
to the Owner, to the extent assignable, the benefit of all warranties and guarantees
relating to the Work. The assignment shall expressly reserve the right of the
Contractor to make any claims under such warranties and guarantees and such
assignment shall in no way prejudice any rights of or benefits accruing to the
Contractor pursuant to such warranties and guarantees.
12.3.8 The decision of the Owner shall be final as to the necessity for repairs or
replacements or for work to be done under this GC 12.3 - WARRANTY.
12.3.9 The provisions of GC 12.3 – WARRANTY shall not deprive the Owner of any action,
right or remedy otherwise available to it for the Contractor’s failure to fulfill its responsibility
under the Contract and shall not be construed as waiver of claims in favour of the Contractor
or as a limitation on the time in which the Owner may pursue such other action, right or
remedy. The warranties set forth in the Contract are supplemental to and do not limit or
preclude the application of any of the conditions and warranties, express or implied, by law
or trade usage.”
.2 Delete paragraph 13.1.1 in its entirety and replace with the following:
“13.1.1 The Contractor shall indemnify and hold harmless the Owner, the Consultant and
their respective officers, directors, shareholder, agents, employees, successors and
permitted assigns from an against any and all liabilities, expenses, costs, claims,
demands, losses, damages, actions, suits or proceedings (including, without
limitation, legal fees and disbursements on a solicitor and his own client basis) that
arise out of, or are attributable to, any act or omission of the Contractor, its
employees, agents, Subcontractors, Suppliers, or any other person for whom it is
in law responsible, occurring or alleged to have occurred in connection with the
performance of the Work, including, without limitation, the following types of claims:
.1 claims (including claims for compensation) for any loss, personal injury, death
and/or other damage that may be done to or suffered by workers or any other
persons;
.2 claims resulting from injury or damage to any property whatsoever, movable
or immovable, owned by the Owner and others; or
.3 claims for unfair competition, unfair trade practices, infringements of
trademarks, trade names, patents, copyrights or other proprietary rights.
This indemnification shall survive the completion or termination of this Contract.”
.5 Insert the following new paragraph 13.2.11 at the end of GC 13.2 WAIVER OF CLAIMS:
“PART 14 – MISCELLANEOUS
GC 14.1 MISCELLANEOUS
14.1.2 The Contractor shall furnish to the Owner within four (4) weeks after the date of
Substantial Performance of the Work:
.1 a digital copy of the complete final copies of an operation and maintenance
manual relating to the Work;
.2 a digital copy of the complete sets of as-built drawings showing all changes
and deviations made during the Work which differ from that shown or
specified in the Drawings and Specifications and approved Shop Drawings
indicating the Work as actually installed.
The manuals and as-built drawings shall be in hard copy and in an electronic format
required by the Owner.
14.1.3 The notes, drawings, reports and other documents prepared by or for the
Contractor pursuant to the Contract (collectively, the “Information”) shall be the
property of the Owner and the Contractor shall grant the Owner an irrevocable,
royalty free and cost free license to use, amend and copy the Information in
connection with the completion, design, construction, operation, additions, testing,
occupancy, maintenance, use, repair and modification of the Project and provide
the Information to project managers, consultants, contractors, suppliers and other
entities for such purposes.
14.1.4 The Contractor shall perform the Work in accordance with the Contract Documents
and the standard of care of a reasonable and prudent contractor and the contractor
performing work of a similar nature to the Work in the Province of Ontario.
1. SCOPE OF WORK
.1 The Work consists of supply and installation of Glazing in accordance with the
Tender Documents, the Contract, and the Drawings.
2. MOBILIZATION & DEMOBILIZATION
.1 Mobilize and Demobilize all forces including labour, materials, equipment, safety
supplies, site office or protection as many times as required to complete the Work
as directed by the Owner.
3. SUBMITTALS
.1 Provide an emergency phone number and contact for use by the Owner outside of
normal business hours.
.2 Provide insurance certificates, Bonds, WSIB Clearance Certification and Statutory
Declaration as requested by the Owner.
.1 The issuing of the Statutory Declaration declares that all Subcontractors and
Suppliers have been paid what is rightfully owed to them, such that no liens
can be legally registered against the property, regardless of the wording of
the Statutory Declaration.
.3 Provide an approximate duration, in Weeks, to complete the Work.
.4 Provide all safety documentation as requested by the Owner.
.5 Provide Engineered Drawings, Shop Drawings, Mock-Ups, Product Literature,
Samples and SDS documents as requested by the Owner.
.6 Provide As-Built Drawings, Warranty Documentation and Operation and
Maintenance Manuals as requested by the Owner.
4. LAYOUT & SITE CONDITIONS
.1 Report any omissions, errors or inconsistencies in the Drawings that affect the Work
to the Owner prior to commencing the Work.
.2 Check all benchmarks and existing conditions and report any conditions or defects
affecting the Work to the Owner prior to commencing the Work. Do not commence
the Work until such conditions or defects have been investigated and corrected.
.4 If a delivery requires expedition to maintain the Owner’s schedule, the cost for such
expedition shall be covered by the Contractor.
.3 If the Contractor fails to meet the Owner’s schedule, the Owner may seek alternative
contractors for completion of the Work. The Contractor shall reimburse the Owner
the cost of the Work covered by the alternative contractor.
.4 The Work shall be carried out Monday to Friday between the hours of 0700 and
1630.
.5 The Contractor shall respect local noise bylaws.
.6 Seventy-two (72) hours’ notice is required for work to be performed outside of
designated times, if permitted by the Owner.
.7 Seventy-two (72) hours’ notice, and Owner approval, is required for work to
interfere or interrupt with adjacent premises. The Contractor shall ensure the least
interruption as possible to adjacent premises.
8. ADDITIONAL WORK
.1 Do not engage in any additional work without consent from the Owner.
.2 Immediately notify the Owner of a quantity of work which is appreciably greater that
that foreseen as defined by the Contract.
9. SITE SUPERVISION
.1 The Contractor shall provide a competent Site Supervisor to enforce safety and
manage subcontractors, site crews and deliveries.
.2 The Site Supervisor is subject to the Owner’s approval. If the Owner’s deems the
Site Supervisor’s performance unacceptable, the Contractor shall replace that
individual.
.3 The Site Supervisor shall verify existing site conditions, confirm the areas are free
of defects that may affect the Work, ensure quality of workmanship, and manage
deficiencies.
.4 The Site Supervisor shall ensure clean-up of any area where the Work is being
carried out to the complete satisfaction of the Owner.
.5 The Site Supervisor shall ensure attendance at all site coordination meetings as
requested by the HLH Superintendent or Safety Officer,
.6 The Contractor shall ensure representation at all site coordination meetings as
requested by the HLH Superintendent or Safety Officer.
.7 Failure to attend three (3) site coordination meetings in row will result is in a penalty
of $1000.00 per meeting for every meeting missed after the first three (3). The
penalties shall be deducted from their monthly progress draw.
10. WORKMANSHIP & DEFICIENCIES
.1 Materials are to be installed or applied in accordance with the Manufacturer’s written
instructions.
.2 Should the Manufacturer’s instructions differ from the Specifications, or the
Drawings, the more stringent in the opinion of the Owner, shall apply.
.3 If the Contractor fails to provide adequate workmanship, in the opinion of the Owner,
the Owner may seek alternative contractors for completion of the Work. The
Contractor shall reimburse the Owner for the cost of the Work performed by the
alternative contractor.
.4 The Contractor agrees that a reasonable amount from the Contract may be retained
to fund deficiencies. Funds may be released once the deficiencies have been
corrected to the complete satisfaction of the Owner.
11. QUALITY ASSURANCE & MAKE GOOD
.1 The Contractor shall provide a finished product free of defects.
.2 As requested by the Owner, have Manufacturers or Engineers review the
installation, application methods or procedures and comment in writing on the
acceptability with respect to their requirements.
.3 Make good all damage resulting from the Work carried out under this Contract.
.4 Make good all damaged materials resulting from the material handling required to
complete the Work.
.5 Make good all poor installations, in the opinion of the Owner, at no additional cost
to the Owner.
.6 If the Contractor fails to make good or provide quality assurance, in the opinion of
the Owner, the Owner may seek alternative contractors to complete the Work. The
Contractor shall reimburse the Owner the cost of the Work performed by the
alternative contractor.
12. QUALIFICATION OF WORKERS & SUBCONTRACTORS
.1 All workers shall be qualified with appropriate safety training to work on a
construction site in the Province of Ontario and obtain an HLH site orientation prior
to working on the site.
28. COMMUNICATION
.1 Communication between the Contractor and Owner shall be open, respective, and
professional.
.2 Failure to maintain lines of communication by the Contractor may result in the Owner
seeking alternate contractors to complete the Work. In such a case, the Contractor
shall reimburse the Owner for all cost associated to an alternate contractor
performing the Work.
.3 The Contractor shall be responsible for communications with their subcontractors.
.4 The Contractor is not to communicate with tenants or HLH building staff once the
buildings have occupants prior to substantial completion without consent of the
Owner.
.5 Any media or social media communications shall be by the Owner only.
29. INVOICING
.1 Submit monthly progress draws using the standard form sample provided in
Appendix C under Invoicing Procedures.
.2 The Owner will not process monthly progress draws until all required documents
have been provided.
.3 For all other clauses relevant to invoicing and payment, refer to Section 00800 –
Supplementary Conditions and the Contract
30. WARRANTY
.1 Warranty all work including that related to Change Orders, regardless of the extent,
for a period specified, from the date of substantial completion.
.2 The Warranty period shall be one (1) year unless otherwise noted.
.3 The Warranty shall include all labour and materials for the replacement or repair of
defective work and associated work due to faulty materials or workmanship.
1. SITE SUPERVISION
.1 The Contractor shall provide a Site Supervisor to enforce safety for their crews.
.2 The Site Supervisor shall ensure safe working procedures are followed by their
crews and complete Job Hazard Analysis and audits as requested by the HLH
Superintendent or Safety Officer.
.3 The Site Supervisor shall ensure the appropriate personal protective equipment is
in use such as required for the completion of the Work.
.4 The Site Supervisor shall be competent and maintain open lines of communication
with the HLH Superintendent or Safety Officer.
.5 The Site Supervisor shall ensure the crew has attended the HLH site orientation
prior to commencing any work on site.
.6 The Site Supervisor shall submit all safety documentation and carry out documented
tailgate talks as requested by the Owner or Safety Officer.
2. COMPLIANCE
.1 The Contractor shall comply with all safety policies, procedures and requirements
found in Appendix A of the Tender Documents.
.2 The Contractor shall comply with all safety policies put forth by the Owner or Safety
Officer throughout the completion of the Work.
.3 The Contractor shall comply will all provincial safety regulations governing
construction in the Province of Ontario.
.4 The Owner reserves the right to remove and replace the Contractor if they
repeatedly fail to comply with any safety policies and regulations.
3. DISCIPLINE
.1 Three strike program for safety infractions. First, a verbal warning, second, a written
warning, lastly, removal from the site for three (3) days.
.2 The Owner reserves the right to permanently remove any personal they deem is a
threat to the safe operation of the construction site.
.3 If a worker gets removed from the site, they shall retake the HLH site orientation
prior to returning to work on any HLH construction site.
.4 All life safety infractions, in the opinion of the Owner or Safety Officer, shall result
in immediate removal of any personnel involved from the site for three (3) days or
permanent removal.
.5 The Contractor is responsible for maintaining schedule by providing additional
forces, should their forces be removed from the site due to a safety infraction, at
no additional cost to the Owner, including overtime.
APPENDIX A – SAFETY
APPENDIX B – SPECIFICATION
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